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Model Complaint Form

For communications under:

• Optional Protocol to the International Covenant on Civil and Political Rights

• Convention against Torture, or

• International Convention on the Elimination of Racial Discrimination

Please indicate which of the above procedures you are invoking: 1 and 2

Date: 10 July 2009

I. Information on the complainant:

Name: Wu Mei De                 First name(s): Richard

Nationality: Chinese                                           Date and place of birth: 1st March 1957, Shanghai, P.R. China

Address for correspondence on this complaint: Department of Penitentiary and Rehabilitation Service, Male', Maldives

Submitting the communication:

On the author’s own behalf: yes

On behalf of another person: ………..

[If the complaint is being submitted on behalf of another person:]

Please provide the following personal details of that other person

Name: ………                      First name(s): ………..

Nationality: ………            Date and place of birth: ………..

Address or current whereabouts: ……….

If you are acting with the knowledge and consent of that person, please provide that person’s authorization

For you to bring this complaint …………

Or

If you are not so authorized, please explain the nature of your relationship with that person: ………………

And detail why you consider it appropriate to bring this complaint on his or her behalf: …………..

II. State concerned/Articles violated

Name of the State that is either a party to the Optional Protocol (in the case of a complaint to the Human

Rights Committee) or has made the relevant declaration (in the case of complaints to the Committee against

Torture or the Committee on the Elimination of Racial Discrimination): Republic of Maldives

Articles of the Covenant or Convention alleged to have been violated:

The International Convention against Torture: Article 4, Article 5 (3), Article 7 (3), Article 13, Article 14 (1, 2), Article 15, Article 16 (1, 2), Article 22 (5, 8)
ICCPR: Article 7, Article 9 (1, 2, 4, 5), Article 10 (1, 2a, 3),

III. Exhaustion of domestic remedies/Application to other international procedures

Steps taken by or on behalf of the alleged victims to obtain redress within the State concerned for the

Alleged violation – detail which procedures have been pursued, including recourse to the courts and other

Public authorities, which claims you have made, at which times, and with which outcomes:

  1.1-From November 1993, up to April 1997 I have sent 72 letters to the President of the Maldives Mr.  Maumoon Abdul Gayoom to complain someone in his government misuses the power of government to arbitrarily imprison me. I only got one reply from the president’s office in January 1995 saying that the president was not the person who imprisoned me, I have to contact with the person who imprisoned me for finding the solution.

  1.2- From 1997 up to January 2009 I wrote uncountable letters to all concerned authorities in the Maldives. I only got very few replies which have no progressive improvement for my issue. All my files of those written documents were taken by the force of authority.

 1. 3- Chinese Government has tried several times to find a diplomatic solution for my issue since 1994. But all failed to work out due to the very unfair and deceptive policy of Maldivian government in dealing with my issue.

  1. 4- In August 1998 during SAARC summit meeting in Sri Lanka my issue of arbitrary detention has been internationally brought up to reach  an agreement on domestic settlement. But it failed to carry out in October 1998 as it has agreed in the meeting because of deceptive policy and practice of the government in my issue.

                If you have not exhausted these remedies on the basis that their application would be unduly                prolonged, that they would not be effective, that they are not available to you, or for any other Reason, please explain your reasons in detail:

2.1- look back the history of my issue from November 1993 up to February 2009 all domestic remedies of Maldives have been proven unduly prolonged and were not effective and very unfair to address such a serious issue of systematic rights abuse in Maldives.

 2.2- the way of carrying in out my arbitrary releasing in February 2009 cause me to believe that the policy of the new government of Maldives’ also never wanted to stand for justice in my issue. 

 2.3- My communication with the Home Ministry of Maldives from February to June 2009, clearly proven that the justice would not be served in my issue within domestic remedies of Maldives.

Have you submitted the same matter for examination under another procedure of international investigation? or settlement (e.g. the Inter-American Commission on Human Rights, the European Court of Human Rights, or the African Commission on Human and Peoples’ Rights)?

3- The case of my long arbitrary detention in Maldives has been submitted to the International Court of Justice (ICJ) by Chinese Government in May 2003.
                

 If so, detail which procedure(s) have been, or are being, pursued, which claims you have made, at which times, and with which outcomes:

4.1- The case of my arbitrary detention in Maldives submitted to the ICJ [International Court of Justice] by Chinese government in May 2003 was under the procedure of ICJ that a state may take up the case of one of its national and invoke against another state the wrongs which its national claims to have suffered at the hands of the letter, the dispute becomes one between states.

4.2- The ICJ investigation began on 13th June 2003 with a team of 7 members came to Maldives by a UN special flight. The investigation was co-operated with the Law Committee of the Maldives progressively.

4.3- First stage of ICJ investigation was completed on 21st July 2003 with a report. It ascertained that I was fully innocent, without any legal base was put into prison of Maldives since November 1993 after I filed a case in Maldivian Civil Court in September 1993 for a business dispute against an influential Maldivian national who was a former cabinet minister.

4.4-The second stage of ICJ investigation began in August 2003 to investigate on 22 subjects related to my issue with reinforced about 25 more new members into the ICJ investigation team.

4.5-The ICJ investigation was stuck in September 2003 by a political deception of creating bleeding tragedy in Maafushi Jail of Maldives through shooting prisoners for stopping ICJ investigators from coming inside of the Jail to get  slow poison evidences from me inside of the jail. Pending period of ICJ investigation was given for periods of one year before resuming it again.

4.6-During the pending period of ICJ investigation, China, Maldives and UN together has formed a special international committee began to work on a settlement of my issue from June 2005 under the propose of Maldivian President Mr. Maumoon Abdul Gayoom, that  to settle my case without resuming ICJ investigation in the reason of avoiding long waiting of my issue for process of the Democracy Reform in Maldives, under the condition of if I  would be willing to accept such settlement, without being forced. The committee gone through a procedure of checking the records of Maldivian government, Chinese Embassy in Sri Lanka and UN first stage investigation report to finalize a UN Court ruling of settlement that Maldivian government has to compensate me with US$300,000.

            I could not accept  this unjust outcome influenced by political powers without investigate directly on me, the victim of this grave systematic human rights abuse, to  find out  what have really happened to me during  over 15 long  years  of  arbitrary imprisonment in the foreign country, specially on the subjects of : how I was arbitrarily imprisoned for the first time and second time, what the government has done  before arbitrarily put me into the prison, what kind of  serious  crimes of brutal and inhumane physical torturing, slow poisoning and ill-treatment I have been subjected from time to time throughout  over15 long  years arbitrary imprisonment in Maldives, who should bear the legal responsibility for  large number of my legal and personal documents being taken away by the government of Maldives which will cause serious consequences for me,  how much slanders have been creating and  releasing by the government  against me since the very beginning days of my illegal imprisonment and how badly it has been affecting to the life of my family in China and to my life while I was in the prison and out from the prison, how much  will affect to my life and the life of my family in future,  the despoiled  rights of my affected life and the life of my family in China did not being taken into consideration in the settlement for the redressing of the consequences, what would all of this could effect to rest of my  life in future?… while international human rights standard has rules to consider on such redressing.

          I declared my stance to Chinese delegation that came to see my point of view over this issue on 17th July 2005, Chinese Central Government officially informed Maldivian government on 20th July 2005 that my issue has to be investigated through resuming ICJ procedure as me, the victim demanded.

4.7- The government used detailed excuses to prolong the pending period one after another.On 4th May 2006 an agreement for the dead line of the pending period of my issue was signed between UN, Maldives and China.

4.8- After the dead line of the pending period was over, on 4th May 2007, a UN special investigation team came back Maldives by a UN special flight to resume investigation of my issue. But the government of Maldives used its full power to stop the investigation from being resumed, even through practicing international corruption of buying over a director level officer in April 2008 from UN Human Rights Commission.

4.9- In February 2009, I was subjected to arbitrary releasing during an ongoing medical treatment in the Hospital. The arbitrary releasing tried to change the legal ground of international court case to reach officially closing the ICJ case of my issue.

IV. Facts of the complaint

Detail in chronological order, the facts and circumstances of the alleged violations. Include all matters

Which may be relevant to the assessment and consideration of your particular case? Please explain how you

Consider that the facts and circumstances described violate your rights.

**I was subjected to arbitrary detention since November 1993 for stopping me to run a civil court case of business dispute which I sued against an influential Maldivian national in September 1993.

**The Government wanted to put high pressure on me to leave from the case and go. Therefore I was subjected to so many detailed inhumane torturing and ill-treatments throughout more than   15 years of my arbitrary detention in Maldives. These can be proven by many witnesses and evidences when the investigations begin.

**Large number of my personal belongings and legal documents and evidences were taken by force of authority.

**I was subjected to arbitrary releasing in February while I was undergoing a medical treatment in the hospital. The government refused to follow proper legal procedure before releasing me as I demanded in writing to them and the government carried out the arbitrary releasing in the same way as how I was subjected to arbitrary detention more than 15 years back.

**After UN sent an official opinion to the government of the Maldives on 6th May 2009 regarding the government has to compensate every of my losses including the loss of my investment in the Maldives caused by long term illegal imprisonment in Maldives. The government began to put more pressure on me in order to force me lodging the settlement of my issue within the court of the Maldives. I was cut off from providence of every basic need from the government including the food.

**I was subjected to slow poison since very beginning days of my long illegal imprisonment in Maldives back to 1993. I strongly believe that some strange death of prisoners was killed by the government through slow poison. Especially on the case of Ms. Soda who strongly died in prison in August 1994. Such a crime of systematic rights abuse against prisoners has to be investigated internationally. Throughout over 15 years my arbitrary detention in Maldives I discovered more than 20 different slow poisonous substances were used on me in different occasions and large number of prisoners were slow poisoned with me in the same cell or in same area.

**I did my first complaint regarding slow poisoning to Chinese government in October 1996 as soon as I discovered I was slow poisoned. Chinese delegations especially came to visit me in jail for this issue after my complaint reached.

**I did my first international complaint regarding slow poisoning to international community in October 1997 when I realized the president of Maldives should bear accountability for slow poisoning me. Since internationally began to inquire on this issue, I was put into isolation cell for that I have to accept giving a statement to say that  I have never been slow poisoned in Maldivian Jail. Because I rejected giving such a statement, I had been pressured by stronger slow poison to reach the government’s target. Finally I ended up with a serious stomach bleeding on the mid night of 31 December 1997 (1st January 1998). Many prisoners can be provided as witnesses.

**The government officially admitted to UN on 24th February 2005 that I was slow poisoned, during my time spending in Maldivian jail. But the government still did the same on me after their admission. I have the latest evidences of slow poison to prove that I was slow poisoned even in 2008.

**Large numbers of my slow poison evidences were taken from me by force of authority which many witnesses can be provided.

**I am still keeping some evidences of slow poison underground inside of the jail. I will bring it out only in front of international investigators.

**I have been subjected too many physical torturing in the jail. The most serious cases are:

On 1st February 2000 I was beaten by six security personnel in the jail up to my brain was shaken, I lost the ability of my body balance. An international action was taken at that for my life safety.

**I was beaten by seven ESG (Emergency Supporting Group) personnel in jail on 14th January 2008. It was the worst physical torturing I ever suffer in my life.  The detail information of this incident of torturing was provided in my report titled The Crime of ESG that published on my blog(www.richardwumeide.blogspot.com).

       I have been subjected to so many ill treatments and degrading punishment throughout over 15 years of my arbitrary detention in Maldives. Few samples are given here:

1. I was continuously kept in an isolation cell in Maafushi prison of Maldives by the order of  the present Mr. Maumoon for 14 months (from September 2002 to November 2003) and gone through many unthinkable hardships such as slow poisoning and inhumane treatments that  I was not allowed to have a haircut and nail cut for more than 10 months by the order of the President of Maldives. I was cut zero of my head by the guards.
2. I used to be denied or there was a long delay for my medication through excuses of all kinds on many occasions. This can be proven by a large number of witnesses.
3. On 30 May 2006 the authority used reason of a new open area of unit 2 would not allow to prisoners to use any personal dresses other than jail uniform and took away everyone's personal dresses. Later on the jail administration was unable to maintain within every 3 days (72 hours) to change prisoners' uniforms and began to return to prisoners their own dresses. But I never got any of my clothes back. I was rejected by making one reason after another and therefore I often suffered from one week to ten days without change of clothes.
4. I was kept in an isolation cell for 41 days since 3rd of August 2008. I was not provided most of the basic living needs as the other prisoners in isolation cells. Even without providing me soap and toothpaste for more than a month, without providing me a change of clothes for 41 days in the isolation cell. But at the end the jail administration tried to pressure me to sign that I was kept in the isolation cell for only 10 days as what the rules used to show to international human rights organizations.
5. More than 50 of my personal diary books were taken away by the authorities from time to time. About 20 of my files with documents were taken away, four wrist watches, five Chinese - English dictionaries, large number of my religious books, other reading materials and all kinds of daily usage items were taken away by force in different conditions.

Author’s signature: …………

[The blanks under the various sections of this model communication simply indicate where your responses

Are required. You should take as much space as you need to set out your responses.]

V. Checklist of supporting documentation (copies, not originals, to be enclosed with your

Complaint):

- Written authorization to act (if you are bringing the complaint on behalf of another person and are

not otherwise justifying the absence of specific authorization): ……..

- Decisions of domestic courts and authorities on your claim (a copy of the relevant national

legislation is also helpful): ……..

- Complaints to and decisions by any other procedure of international investigation or settlement:

……..

- Any documentation or other corroborating evidence you possess that substantiates your

description in Part IV of the facts of your claim and/or your argument that the facts described amount to a

violation of your rights: Please find attached Amnesty International's 2000 Report (Maldives). Communication between me and Ministry of Home Affairs, Maldives, all were published in my blog : www.richardwumeide.blogspot.com/

If you do not enclose this information and it needs to be sought specifically from you, or if accompanying

Documentation is not provided in the working languages of the Secretariat, the consideration of your complaint maybe delayed.

Title	Amnesty International Report 2000 - Maldives
Publisher	Amnesty International
Country	Maldives
Publication Date	1 June 2000
Cite as	Amnesty International, Amnesty International Report 2000 - Maldives , 1 June 2000, available at: http://www.unhcr.org/refworld/docid/3ae6aa0c8.html [accessed 24 July 2009]

Amnesty International Report 2000 - Maldives

Republic of Maldives

Head of state and government: Maumoon Abdul Gayoom
Capital: Male
Population: 0.3 million
Official language: Maldivian Dhivehi
Death penalty: abolitionist in practice
As in previous years, the government failed to provide credible information about the situation of political prisoners. Despite AI's efforts, there was no contact from the government. There were continued reports of torture and of official cover-ups to protect the perpetrators.

Background

Parliamentary elections were held in November amid reports of suspected irregularities. Political parties were not allowed to function.

Lack of government response

The government remained silent about the situation of Richard Wu Mei De, a Chinese national detained without due process of law since November 1993 at the instigation of a Maldivian national whom he tried to sue for irregularities in a business partnership; government connivance in the detention was suspected. His detention was declared arbitrary by the UN Working Group on Arbitrary Detention.

Political prisoners

Possible prisoners of conscience continued to be held. Among those believed to be held were Hussain Shakir, Ibrahim Nusthafa and Mohamed Rasheed, reportedly detained since early 1996 in connection with a demonstration about electricity price rises on Fubahmulaku Island.
Political prisoners were detained on the prison island of Maafushi, in Dhoonidhoo detention centre and in police stations. They reportedly included a parliamentary candidate detained after an argument with a rival candidate with links to the government.
Ten people from Faafu Magoodhoo were banished, reportedly without being tried or sentenced, for seeking to organize a demonstration against the local Atoll chief.

Health concern

There was continued concern about the health of Ismail Saadiq, a businessman arrested in June 1996 for alleged fraud, who was reportedly denied medical attention. In June, for example, he was transferred to Dhoonidhoo detention centre where he was reportedly held in a small cell, denied appropriate food, and prevented from receiving a scheduled blood transfusion. Three weeks later he was transferred to house arrest, reportedly after he fell ill and after he had signed a declaration that he would not seek contact with the outside world. Ismail Saadiq continued to claim that his prolonged detention was politically motivated. During his trials, he was reportedly not allowed to appoint a lawyer and was denied adequate time or access to documentation to prepare his defence.

Ill-treatment

Information emerged indicating that many inmates in Gamaadhoo prison were subjected to various forms of ill-treatment after a fire which burned down the prison. According to reports, security guards beat some prisoners who were tied to palm trees. A former detainee at Dhoonidhoo stated that prison guards regularly beat prisoners, at times on orders from the senior warden.

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