Special Procedure of United Nation Human Rights Council (30th June 2009)

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30^th June 2009

To: Special Procedure of United Nation Human Rights Council

Dear Sir,

When I came to know the information about the Special Procedure of United Nations Human Rights Council, I did my first complaint for my issue of a very serious systematic rights abuse to the Council on 5^th May 2009. After a month, on 4^th June 2009 I did another complaint attached with a larger number of 34 documents to provide detail information of this issue to the council. But I neither get any reply from the Council non getting better condition in my present efforts of seeking for redressing my despoiled rights set forth in the Universal declaration of Human Rights and other related International Human Rights laws and conventions. I got even much worse conditions then before I did my complaint.

During this period, I received several letters from the Deputy Minister of Home Affairs of Maldives and I attended once meeting in the Home Ministry on 22^nd June 2009, with some senior officers of the Home Ministry including the Deputy Minister. The purpose of holding this meeting was to pressure me more to force me lodging my case in the court of Maldives.

I cannot prove how much the government has put pressure on me during the meeting to lodge my case in Maldivian court. But I can prove this point from the letters I received from the government.

Even though in the letter to me from Home ministry dated 28^th June 2009, the government tried to deny their intention of forcing me to settle my case within Maldivian court, but their letter to me on 27^th May, 8^th June and 24^th June 2009 clearly written to lodge my case in “our court” (Maldivian Court). It clearly showed undeniable fact and real intention behind the Home Ministry ordered DPRS (Jail authority) not to provide me food effecting from 1st of June 2009 was to force me to lodge my case in Maldivian Court.

Please notice that my letter addressed to the new Home Minister Mr. Mohamed Shihaab dated 23^rd June 2009 was to suggest Maldivian Government to request UN and the Chinese Government with Maldivian Government together to investigate my issue before any court settlement.

As what I understood in a proper international standard to redress such a grave violation of human right and fundamental freedoms have to base on knowing what has really happened. No court in the world could give a just settlement without knowing the fact. In whichever the court to settle this case of a systematic rights abuse, an investigation is necessarily required.

But in the reply of the Home Ministry to me dated 28^th June 2009 stated that “regarding your request to investigate your matter by the government of Maldives, we wish to inform you that there is nothing more to be investigated by the government of Maldives. However if you wish to carry out any investigation of your own, we request you to complete such investigation as soon as possible.”

From this statement of the Government clearly indicate that:

1- The government never wants to settle my case in a just way even openly lying. This can be seen clearly from the copy of my letter and the reply letter of the Government.

2- Any settlement in court of Maldives will be based on no need of knowing what happened to me in the jail and how much has effected to my life in China, whatever the Government wish will be the base of the court settlement.

3- Being an individual victim of such serious systematic rights abuse there is no base to carry out my own investigation to present the court of law. It was not something I would have asked. Such an investigation has to be carrying out by an international body such as UN. It means that the government wanted to create an impossible condition from knowing the facts of what have really happened to me for reaching a fair settlement of the court.

Look back from the history of my issue, the fact of my illegal detention in Maldives came to light since April 1997. UN Working Group on Arbitrary Detention has declared my detention in Maldives was arbitrary as early as year 2000. This has clearly appeared that not only domestic remedies would be in effective and the unreasonably prolonged but also the Working Group.

From five paged “Opinion No. 4/ 2009 (Maldives) Communication address to the Government from UN Working Group on Arbitrary Detention on 28^th August 2008 (adopt on 6^th May 2009) clearly appears that it’s many information about my issue were wrong and have no information regarding the major crimes done against my life and health in the prison of Maldives such as slow poisoning, I still can bring out solid evidence in the jail to prove that I was slow poisoned even in year 2008 when investigation requires. I also can prove inhumane torturing and ill treatments I have been subjected throughout over 15 years my arbitrary detention in the jail of Maldives with many evidences and witnesses.

According to The Charter of UN, The Universal Declaration of Human Rights and the other related international human rights laws and conventions.

According to Human Rights Council Complain Procedure in entitled UN Human Rights Council, Institution Building (resolution 5/1) to address consistent patterns of gross and reliability attested violation of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances.

I request Special Procedure of the United Nations Human Rights Council to resume the second stage of UN investigation of my issue which has been pending since September 2003 by the bleeding tragedy took place in jail of Maldives. I don’t see any just solution to redress my despoiled rights without international investigation.

I also request Special Procedure of UN Human Rights Council to consider on much more issues of rights abuse need to be investigated on what have been subjected during the pending period of UN investigation since September 2003 and how the rights abuse of arbitrary releasing since February 2009 was carried out.

I request Special Procedure of UN Human Rights Council to provide me with a copy of the Opinion No. 4/ 2009 (Maldives) Communication address to the Government from UN Working Group on Arbitrary Detention on 28^th August 2008 (adopt on 6^th May 2009) for my needs of information

In my present situation of more than four months (Since 16^th February 2009) I have been sleeping in the stair case just outside of DPRS Office with cut off providence of other basic living needs from the government. It has been a month (since 1^st June 2009) cutting off providence of food from the government under basis of arbitrary releasing. I request United Nation Human Rights Council with the Government of China to take immediate action for my situation of endangered life safety in a foreign country to provide me with:

1- Proper food and medication before the end of international investigation and settlement of my issue of over 15 years of arbitrary detention and followed by arbitrary releasing in Maldives.

2- International Human Rights standard living condition and life safety

3- LLM Degree Human Rights Lawyer for my legal assistance.

4- Means of getting fair redressing for my despoiled rights in accordance with International Human Rights Standard.

I call for help of all kind for seeking a fair redressing of my despoiled rights.

I look forward to hearing from you.

Thank you

Yours sincerely

Richard Wu Mei De

Copy to:

- Chinese Government

- International and Maldivian media

Excerpt from FAQ of ICJ

International Court of Justice

Frequently Asked Questions

2. Who may submit cases to the Court?

Only States are eligible to appear before the Court in contentious cases. At present, this basically means the 192 United Nations Member States.

The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their dealings with the authorities of any State whatever.

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States.

reply from home affairs (28 June 09)

Reply from home affairs (24 June 09)

Letter to the Home Minister (23rd June 2009)

23rd June 2009
To: The Minister of Home Affairs

Mr. Mohamed Shihaab

I would like to bring my consideration to your knowledge on the matter of whether I would lodge the settlement of my legal issue of over 15 years arbitrary detention in Maldives at the court of the Maldives.

I had a meeting in the Ministry of Home Affairs of Maldives with some senior officers of the ministry including the deputy minister and two state ministers of the ministry regarding whether I would accept to lodge the case in the court of Maldives for the settlement of my long arbitrary detention in Maldives. I would like to inform you my consideration that in whichever the court to settle this issue has to base on getting fair and proper justice for me. The proper justice has to base on proper investigation over what I have been subjected to inhumane torturing and ill treatment in the prison of the Maldives. How much my personal and the legal documents were taken away by the authority. How can any court to finalize a just settlement without investigate what had happened to me in jail and how much has effected to the life of my family and my business in china?

I am fully aware the meaning of the declaration given to me by the deputy minister Dr. Abdulla Waheed that I would be cut off from every providence of the government even the most basic living needs if I do not accept to lodge my case in the court of Maldives. In fact the cutting off has taken place more than 20 day before this declaration came to me.

In this regards and consideration I have to say that I only can decide in which court to settle my issue until the investigation on the issue is completed. From the investigation report I can only judge out the extent of fairness in the settlement and to decide where I should put my trust for getting justice.
In my consideration if the government of the Maldives to request UN Human Right Council with Chinese government together to conduct a investigation over every concern aspects of my issue with myself to put a same request together it will be quicken the settlement of the issue. Even though I have to suffer much from cutting off providence of basic living needs.
I request you to consider my view point and look forward to hearing from you.
Please forward this letter to all concern officers in the ministry.


Thank you.

You’re sincerely


Richard Wu Mei De


Copy:
Minister of Foreign Affairs of the Maldives.
President of Human Right Commission of the Maldives.
Chinese Ambassador.
Chinese Foreign Minister.
State Council of China.
Special Procedure of United Nations Human Right Council.
UN Working Group on Arbitrary Detention.
Amnesty International.
International and Local Media.

reply from home affairs (8 June 09)

To Special procedurue of the UN Human Rights Council (4th June 2009)

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4^th June 2009

TO: Special procedure of The United Nations Human Rights Council

Dear Sir

I request the Special Procedure Mandate-Holder of Human Rights Council to remove the key obstacle within the system of UN Human Rights itself in order to aright the direction of my case of serious systematic rights abuse before can conduct a thorough investigation into the serious issue of more than 15 years my arbitrary detention and follow by the arbitrary releasing in Maldives. Otherwise the truth may still being covered up for some more years.

I have gone through following human rights rules.

1- Human Rights Council Complain Procedure

The Working Group on Communication

The Working Group on Situation

2- Code of Conduct for Special Procedure Mandate-holders of the Human Rights Council

3- Annex Draft Code of Conduct for Special Procedure Mandate-holders of the Human Rights Council

4- International Standards of Working Group on Arbitrary Detention

Investigation of individual cases

Three categories of arbitrary detention

Urgent appeals

Deliberation

5- Scope of the Body of Principles

6- Standard Minimum Rules for the Treatment of Prisoners

Therefore I have enough reason and evidences to accuse the involvement of an official from UN Human Rights Commission, Mr. Laurent Meillan, a French National (see photocopy of his name card), in this serious issue of systematic rights abuse of arbitrary detention for more than 15 years and follow by the arbitrary releasing in Maldives.

I believed that there might be some more UN officials have involved with this issue otherwise my issue cannot go more than 15 years with the fact know to international community and international media more than 10 years back.

There was a clear evidence of that the issue of my arbitrary detention in Maldives has come to the knowledge of UN Human Rights Body as early as more than 10 years back (see Amnesty International report 1998 – Maldives) and existing of above listed of International human rights rules.

There was a bigger progress of my issue through the investigation of International Court of Justice since June 2003 but got into pending after a political game of bleeding tragedy took place in Maafushi jail of Maldives in September 2003. With this letter I attached a number of documents to provide information on how the pending of investigation being prolonged and finally tried to change the legal ground of issue to close the court case. How Chinese government from beginning in protecting my rights later changed to willing to compromise with Maldivian government in my issue. How I used to deal with the Maldivian government and Chinese government and how I was visited by international human rights people other than Mr. Laurent during the pending period of UN court investigation.

When a decision made by Amnesty International to conduct a project of research into Maldives since my complain reached to Amnesty International in later March 2009 Mr. Laurent Meillan contact me unofficially through a person from the office of UNDP in Maldives to get my phone number for talking to me. The man said to me that Mr. Laurent would bring up my issue in May 2009 though UN Working Group on Arbitrary Detention. I refused to give my phone number to Mr. Laurent; I informed him that I could only give my email address to contact me officially in writing.

On 5^th May 2009 I did my complain to the Special Procedure of the United Nations Human Rights Council. At the very next day on 6^th May 2009 Mr. Laurent called me directly to my phone. He got my number without my consent. Mr. Laurent informed me that I can only get justice through the settlement in Maldivian court which he had discussed with the president of Maldives and the head of Human Rights Commission of Maldives before he called me.

I expressed my view point of that I would go ahead with the settlement of my issue through resuming UN Court investigation from where the case was pending. After that Mr. Laurent only agreed to send me a lawyer which he had promised on 1^st May 2008 when he visited me in Maafushi jail of Maldives.

I emailed my two paged letter to Mr. Laurent on 10^th May of 2009 (see the copy of letter) for more clearly expressed my stance in the issue, but I did not get a reply from Mr. Laurent.

A UK lawyer Mr. Jude Laing (see his name card) contacted me sometime later and came to meet me in Male’ Maldives five times since 20^th May 2009. Mr. Jude did not come to me behalf of UN nor Mr. Laurent or Maldivian government even though he was the personal lawyer work for present president of Maldives Mr. Mohamed Nasheedh since years back before he came into power. Mr. Jude came to me only by personal request from Mr. Laurent

Mr. Jude tried to make me believe that Mr. Laurent wanted to help me and fully support his idea of providing me with L.L.M Degree human rights lawyer and proper living condition by UN funds but later Mr. Jude found difficult to work out the funding through the providence of the Residence Coordinator of UN office in Maldives. I wound where is the budget for my issue international investigation in 2003 which used more than 30 investigators with UN special flights.

During the time Mr. Jude in Male’ tried to work out the funding since 20^th May 2009 that I have received several harassments and life threatening in the staircase outside of DPRS (Department of Penitentiary and Rehabilitation Services) office where I used to sleep for past three months. (See the photo).

Human Rights Commission of Maldives, Human rights Ambassador of Maldives, related NGO in Maldives, no one of them wants to help me as discharge their mandate.

There is a NGO in Maldives called Maldivian Detainee Network, established in 2004, works to provide voice, protection and services for detainees and their families in the pursuit of justice. The UK Lawyer Mr. Jude was the lawyer of Maldivian Detainee Network. On 1^st May of 2008 when Mr. Laurent visited me in jail, he told me the name of this NGO but never told me anything about what they could help me in my case. In fact the Maldivian Detainee Network never gave me any help even denied to recognize me as a prisoner of conscience to cause me cannot get some international support of financial help in pursuit of justice. This time when I discussed with Mr. Jude regarding Maldivian Detainee Network, he confirmed that I should be recognized as a prisoner of conscience.

In April month 2009 I requested DPRS to provide me monthly phone call including my February and March months phone call which DPRS office people were too busy caused cannot arrange for me on time. I was told by DPRS office people that I was no longer in the jail. So should not provide me with monthly phone call like other prisoners.

I was took to Male for my medication from there I was been subjected to arbitrary releasing therefore. I don’t have any dress other than few jail uniforms. I requested jail office to provide me some more uniforms to relief me from great difficulty in changing and washing the dress. It has been more than a month from my request have been agreed with, But I still could not get any dress. It’s says that all procedure of approving dresses have been passed due to leak of cash in the department. I have to suffer great difficulty of lack of dress to change.

Following a letter from the deputy Home Minister sent to me on 25^st May 2009. I was told by the DPRS Office that Home Ministry ordered them not to provide me food effective from 1^st of June 2009, saying that I was no longer in prison. So, Prison department do not need to provide me food. In fact it is only the government pressuring me to settle my issue of arbitrary detention and arbitrary releasing in court of Maldives. I request Human Rights Council to take serious consideration on such inhumane acts done by the Government of Maldives on the basis of arbitrary releasing and to take swift action to stop such misconduct and human rights abuse.

It is clear that my issue has been stuck like this for so long while all kind of system for dealing with such kind of human rights violation were existed in UN. It only because some people within UN Human Rights System acted as an obstacle instead of promoting and protecting the human rights in my issue. Mr. Laurent is the one who showed up in his misconduct, maybe there are some more others that have been influenced by Maldivian government to do wrong in my issue.

I request a firm action to be taken to prove the aims and principles of UN Human Right are totally different from those like Mr. Laurent was doing.

I expect that an urgent action to secure my legal position and life safety, to relief me from great suffering from inhumane living condition as the price of seeking proper justice through UN Human Rights System.

Thank you

Yours sincerely

Richard Wu Mei De