PG: Ali Waheed sexual assault case dropped to avoid revictimizing survivors

Prosecutor General Hussain Shameem said on Thursday that his office decided to drop the sexual assault case against former tourism minister Ali Waheed to avoid revictimizing survivors, following repeated appeals from them to drop the case.

Shameem is currently facing a no-confidence filed against him with the Parliament by Hulhudhoo MP Mohamed Shahid, a top politician from the main ruling People’s National Congress (PNC). The Judiciary Committee, which reviewed the motion, voted in favor of ousting Shameem on Thursday afternoon, shortly after summoning Shameem for a closed-door meeting to hear his response to the motion.

The motion against him cites eight main reasons why Shameem should be dismissed, including the decision to drop the case against Ali Waheed.

Ali Waheed was dismissed as Tourism Minister on July 9, 2020, after allegations that he sexually assaulted and harassed multiple female employees at the Tourism Ministry was brought to the attention of President Ibrahim Mohamed Solih. He was initially asked to voluntarily resign, but was dismissed after he refused.

He was pressed with seven charges; attempted rape, inflicting a sexual, indecent exposure, sexual assault, attempt to cause sexual assault, and two counts of unlawful sexual contact.

But the case against him was dropped in June last year.

Shameem said on Thursday that he would not make made the decision to drop the case if not for repeated letters from survivors asking the Prosecutor General’s Office not to pursue the case.

He said that following repeated letters from both survivors and witnesses, he personally met with them and impressed upon them the importance of pursuing the case.

“You can clearly see everything I have done to try to pursue this case. Everything is clear for all to see. But you can only see if you look. If you ask. If you read the various news articles,” he said.

Shameem said that there are certain situations where witnesses can be forced to give their testimony. But he questioned whether it was right to compel vulnerable survivors and other witnesses to testify under detention.

“Is it alright to have victims of sexual violence to feel like state institutions and courts are forcing them to testify under duress? Forcing survivors of sexual violence who are already traumatized to do something they don’t want to and revictimizing them – is this justice we stand for?” he said.

“Exercising a power just because the law allows it without considering any other factors is not something a legal expert would do.”

Ali Waheed was formally charged in the case on November 18, 2020.

He initially had a travel ban order against him, but the Criminal Court temporarily released his passport and allowed him to travel overseas for medical treatment on February 9, 2021, despite requests by the PGO not to release his passport and grant him temporary travel papers instead.

Ali Waheed promptly left for the UK.

He failed to return to Maldives despite the fact that the four-month period granted by the court for his travel overseas expired in June 2021.

The court dismissed the case in September 2022, instructing the PGO to refile charges once he can be presented to court.

The PGO sent the case back to the police in October 2022, instructing the law enforcement agency to resubmit the case once Ali Waheed returns to Maldives.

An Interpol red notice for his arrest was issued in April 2022. However, efforts to have him extradited to Maldives failed.

The case against him was dropped by the Prosecutor General’s Office on June 6, 2023, and he returned to the Maldives, soon after.