Judiciary has failed to keep up with parliament and the executive, says Attorney General

The Judicial Services Commission (JSC), the body entrusted to vet and regulate the conduct of judges in the Maldives, has failed to match the government and parliament over the last two years in operating within a constitutionally defined role, Attorney General Dr Ahmed Ali Sawad has claimed.

The claims follow the publication this week of a report by the International Commission of Jurists (ICJ) that was critical of both political interference in the judiciary by government and opposition groups, and critical of the JSC’s ability to “carry out its functions” in ensuring judges were both impartial and capable of performing their duties.

Along with outlining recommendations for the executive, the Majlis and legal bodies like the JSC to follow in order to better ensure a judiciary independent from government and opposition influence, the ICJ’s Director of Asia Pacific Operations, Roger Normand, suggested a lot of work lay ahead.

Accepting that positive developments had been made within its courts since the Maldives became a democracy, concerns remained over a number of issues, Normand said. Having spoken to stakeholders across the country’s legal system, “ordinary” Maldivians did not look to their courts for justice or to solve problems, he suggested.

The report criticised the conduct of the government during a period of crisis last year; where the government locked shut the Supreme Court questioning its legitimacy on conclusion of the interim period. The report was also critical of the JSC’s decision-making, which was perceived as being inappropriately politically influenced.

Sawad said that he welcomed the observations by the ICJ in regards to recommendations for improving efficiency in the JSC and judicial administration, but added that ultimately, all stakeholders working within the Maldivian court system were under pressure to step up accountability.

“I think there is a lot to be done by the JSC in terms of enhancing the standard of the judiciary,” the attorney general told Minivan News.  “I think there is a need to inwardly look into the judiciary and all agencies related to it. That is the judicial administration, the judicial council, the JSC, the Attorney General’s Office, the Supreme Court and the High Court – it’s time they work together in bringing about perceived standards required of the judiciary in the constitution.”

Sawad said that he believed that as a judicial watchdog, the JSC had at times tended to act defensively instead of self-critically, particularly when reviewing the constitutional role it was assigned within the constitution to appoint judges and protect independence in the judiciary.

In order to try and ensure it was able to meet these roles efficiently, the attorney general suggested that it may be appropriate to have the Majlis consider reviewing the role of the JSC during the last year and a half to determine if it was functional.

However, Sawad claimed that no single entity alone should shoulder the blame in terms of perceived issues with independence in the judiciary.  He added that during a seven year period allotted for education and improvement under the Judges Act, education was a key to ensuring effective changes and developments in ensuring confidence within the legal system.

“When I look at the crucial actors in this, I feel the JSC has a crucial role to play.  I feel the judicial administration have a crucial role to play and I feel there is a missing link in the form of a judicial training academy,” he said.  “We cannot burden the Supreme Court or the High Court of with continuously setting the standards of measure for the rest of the judiciary day-on-day.”

Ultimately, Sawad said that as one of three distinct branches of the state along with the government and the Majlis, the judiciary was required to meet the same levels of accountability as part of its independence – making the role of the JSC essential.

“What we have [under the constitution] is an accountable government and an independent judiciary,” he said. “But independence is a perception made by the people who are the beneficiaries – in this case the public.  If the people do not perceive that level of independence then there is a problem.”

Sawad stressed that the perception of independent courts within the country were especially important in defining the difference between the judiciary before and after 2008, when the Maldivian Democratic Party (MDP) came to power on the promise of trying to bring more political accountability.

“Pre-2008, people knew that the judiciary was part of the executive,” he said.  “Post-2008, the people need to know the judiciary is independent.”

Government criticism

Along with concerns over the impartiality of the judicial system in the Maldives, the ICJ was also critical of the handling by the government of what it called a “constitutional crisis” last year over the legitimacy of the courts and the arrest of some prominent opposition figures.

In addressing these concerns and whether the actions of the government were a setback to the democratic mandate it promised, Dr Sawad said it was unacceptable under the constitution for any branch of the state to have jurisdiction over another, whether in the case of the executive over the judiciary, or the Majlis over the executive.

The attorney general claimed that ultimately, a “culture of respect” needed to be created by different branches of the state and government that would allow these different groups to work under the mandates they were assigned.

“That is a constitutional convention that needs to be dealt with. We haven’t had that in the past,” he said.  “It’s just over two years since 2008.  Now a convention takes a little more than two years, but it must nevertheless be started.  The commencement of that respect agenda, that’s what needs to happen.”

Sawad said that he was generally encouraged by findings in the report, which he suggested were “timely” in light of political tensions across the nation, though may have been better served if it had been released a year earlier to grant more room for maneuver (prior to the end of the interim period).

However, the attorney general claimed to be cautiously optimistic that the report would provide guidance to “tweak” the problems that had been experienced in trying to establish courts independent of political and commercial manipulation.

“When you look back at what has happened, it has been a tumultuous two years where the three branches of the state have been morphing into their own jurisdiction perimeters – there have been teething issues, but I think two years is long enough to learn respect,” he said.  “I am more optimistic about the future, I think we have a permanent judiciary now and the role of the judiciary is very clear.”

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Interpol Chief visits Maldives

Head of the International Police Organisation Interpol has arrived in the Maldives to visit the organisation’s bureau at the Maldives Police Service, Haveeru reports.

Police said Khoo Boon Hui, a Singaporean national, is holding discussions with local authorities to expand the bureau’s functions.

Hui has been President of Interpol since 2008.

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UN Security Council meets as Gaddafi vows “to die a martyr”

Libyan President Muammar Gaddafi has vowed on national television that he will not step down from the country’s leadership, and was ready “to die a martyr.”

Speaking in the third person, Gaddafi said “I am not going to leave this land. I shall remain, defiant. Muammar is leader of the revolution until the end of time.”

The leader of the 42 year-old autocracy has reportedly used African mercenaries, snipers and even anti-aircraft missiles to target increasingly fractious demonstrators, with reports of 200-300 killed.

Referring to his green copy of the Libyan penal code, Gaddafi stated that anyone Libyan who “uses weapons against Libya will be sentenced to death.”

The public speech, he said, was intended to refute earlier reports in the international media that he had escaped to Venezuela.

A New York Times journalist in the country reported that much of the east appeared to now be under opposition control. Many of the protesters were armed, she observed.

The UN Security Council has meanwhile called for Gaddafi to cease his campaign of violence against his own people, deploring “the repression of peaceful demonstrators.”

Libya’s Deputy Ambassador to the UN, Ibrahim al-Dabashi, defected from Gaddafi’s regime and confirmed that the east of the country was no longer under government control. He said he had received reports of “genocide” occurring in the country’s west.

The UN Security Council’s message to Gaddafi was “not strong enough. But any message to the Libyan government at this stage is good,” he said.

As well as losing the UN delegation, Gaddafi has lost at least one military battalion and two air force colonels, who flew to Malta in their jets and requested asylum after refusing to bomb protesters.

The Maldives has meanwhile joined Jordan and Qatar among Muslim nations called for an emergency session of the UN Human Rights Council, on which Libya also sits.

Maldivian President Mohamed Nasheed called on the international community to “strengthen measures to realise the aspirations of the Libyan people to fundamental rights and freedoms.”

“The right not to be tortured, the freedom to speak your mind, the ability to choose your own government… these liberties are not the preserve of Western nations but universal values to which everyone aspires,” Nasheed said. “These are the forces that are being played out on the streets of Libya and other countries of the Middle East.”

Established democracies had a responsibility to assist those who aspired to democracy and basic freedoms, he said.

Retired British MP Robert Key, who is currently visiting the Maldives for the first time since taking its case for democracy to the British parliament, said earlier this week that the Maldives had led “blazed a trail in promoting democracy and empowerment of the citizen, with all the difficulties that presents”, and could “hold its head high”.

“There will be leaders in North Africa who will be wishing they had listened to the Maldives, had done what the Maldives chose to do in 2008,” he said.

Oil prices spiked to US$106 a barrel on the back of ongoing unrest in the region.

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Police will investigate those pictured committing crimes in Facebook nude photo haul

Maldives Police Service today said that further action will be taken against people pictured committing crimes in the files acquired by Facebook blackmailers.

A media officer said police were unable to confirm whether any political figures were be involved in the case while the investigations continued.

Police have arrested 14 persons including a minor – reportedly a 17 year old girl – for alleged involvement in acquiring nude pictures and videos of Maldivians through two profiles that both used the same image of a young blonde woman wearing sunglasses.

The two false profiles – the front for an alleged blackmailing ring that netted incriminating photos of those who signed up – had netted a combined 2500 ‘friends’, most of them Maldivian, making the scope of the blackmail operation potentially massive.

The ring poses a “security risk” for politicians in the Maldives, Deputy Speaker of the People’s Majlis Ahmed Nazim told Minivan News, but was unlikely to lead to parliamentary censorship in the future on how the internet was used.

Nazim, who is also a member of the People’s Alliance (PA) Party, said that police investigations into accusations that two Facebook profiles had been used to acquire “hundreds of nude pictures and videos” of Maldivians were not expected to impact MPs’ social networking.

”While some of the pictures were taken of people while drunk other pictures were taken without the consent of the persons [involved],” police confirmed yesterday, adding that Maldivians across the social spectrum had been affected by the racket.

Nazim said that despite allegations appearing in the media that certain national politicians might themselves have been blackmailed already through some of the content acquired through the profiles, he did not expect a review of how social networking was used by MPs in the future.

“[The investigation] is obviously a very concerning fact, but it is the first time this has happened in the country,” he said. “Almost all MPs have profiles they use to spread messages and communicate with their constituents, which is important. There is nothing that can be done about this.”

Despite raising suspicions that the Facebook profiles may have intentionally targeted specific sections of society like political figures and civil servants, President’s Office Press Secretary Mohamed Zuhair claimed that the developments were not a cause of “alarm” for the government.

“No one has provided conclusive evidence that anyone in the government is involved in the case,” he said. “However, it appears that a group of cyber criminals have tried to target a certain group of peoples including MPs and government officials. They have certainly not been going after fishermen.”

Zuhair added that the fact that these files and videos were now out in the open and available for public scrutiny should “make everyone more cautious of their behaviour online”.

“The very fact this has come to light shows that all people should be more careful when using social network sites like Facebook or their webcams,” he added.

Police investigation

Police investigating the case have reported that some people in the Facebook files were allegedly performing explicit acts in the presence of minors, and warned that this “could affect the future and discipline of the minors”.

”The case relates to the rights of many citizens and affects the social policy of the Maldives, and may also affect the safety of the society,” said police.

Information gathered so far had revealed that people from all levels of Maldivian society were affected, “including underage females juveniles, young women, professional and semi-professional persons, and people of both genders working all across the country.”

Police appealed to Maldivians to be more careful approving friendships with strangers on social networks.

”It is notable that underage females are victims in this crime, and that a minor was arrested as a suspect. It is necessary that parents monitor the work of minors when they use internet and social networks,” said police.

Two Facebook profiles identified as being involved in the ring where those belonging to ‘Lyshiaa Limanom’ and ‘Angelic Sharrown’. Both of these profiles show the same picture of a young blonde woman wearing sunglasses, and each profile has between 1200-1300 Facebook ‘friends’ – most of them Maldivian.

Police warned Maldivians to be careful of receiving invitations and messages from these profiles.

Social media adoption in the Maldives is prodigious, particularly Facebook, with almost a third of the country’s population signed up to the service.

According to statistics from Facebook, the Maldives has 89,460 registered users – two thirds of whom are male. Almost half Maldivian Facebook users are aged under 18.

Police late last year identified cyber crimes such as hacking as a major concern for both private and public organizations, leading it to form a special team to try and curb illegal online practices.

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US$5.5 million in GST collected so far: revenue authority

The Maldives Inland Revenue Authority (MIRA) has told newspaper Miadhu that it has collected US$5.5 million in Tourism Goods and Services Tax following its introduction at the start of the year.

MIRA Director Fathmath Rasheeda told Miadhu that 85 percent of tourist business had still yet to pay the T-GST.

According to MIRA, 1277 tourist businesses run by 805 parties are required to pay the new T-GST.

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Somali pirates kill four US hostages

Somali pirates have shot and killed four US hostages aboard a hijacked yacht, ‘The Quest’, prompting US Special Forces to storm the vessel.

Two pirates were killed by the soldiers, while the bodies of two more pirates were also found on board. 15 pirates were arrested and taken aboard the nearby USS Enterprise aircraft carrier for extradition to the US.

Somali pirates claimed the four hostages were killed in retaliation for a preemptive strike by US forces.

“Our colleagues called us this morning [saying] that they were being attacked by a US warship,” said a pirate to news agency Reuters over the telephone.

“The US warship shot in the head two of my comrades who were on the deck of the yacht by the time they alerted us. This is the time we ordered the other comrades inside the yacht to react – kill the four Americans because there was no other alternative – then our line got cut.”

Another pirate from a Somali pirate haven told Reuters that “the killing of those four Americans and our comrades is a fair game that has started. Everybody will react if his life is in danger. We should not agree to be killed and let the hostages be freed.”

The claims were dismissed by the US Navy, which had been negotiating for the release of the hostages.

The hostages were identified as Jean and Scott Adam, from Los Angeles and holidaymakers Macay and Bob Riggle, from Seattle.

US authorities have recently voiced concern that pirate activity is moving further into the Indian Ocean, towards the Maldives.

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Cabinet tackles foreign currency shortage, corruption

Cabinet has agreed to strengthen the regulations regarding foreign currency exchange in a bid to curb ongoing dollar shortages in the Maldives.

Ministers agreed to expedite measures to ease the difficulties faced by the Maldivian population due to the ongoing shortage.

During Tuesday’s cabinet meeting ministers also approved the Maldives’ participation in the International Anti-Corruption Academy (IACA).

IACA is a joint initiative by the United National Office on Drugs and Crime, Austria, European Anti-Fraud Office and other stakeholders. IACA aims to overcome current shortcomings in knowledge and practice in the field of anti-corruption.

In a statement the President’s Office said that the Maldives’ participation in IACA would be “a huge step forward in its fight against corruption.”

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Wataniya confirms appointment of MNBC chief as new CEO

Mobile operator Wataniya has confirmed the appointment of former head of the Maldives National Broadcasting Corporation (MNBC), Ibrahim Khaleel, as the company’s new CEO in the Maldives.

“The Board of Directors have welcomed iconic Maldivian figure, [Ibrahim] Khaleel to take the helm as we push forward in our voyage,” Watanyia said in a statement.

Khaleel, the company said, had “years of experience in the media industry, most recently as the charismatic Managing Director of MNBC.”

“Mr Khaleel has the strong professional credentials and proven ability to lead performance-driven teams. He brings with him a ‘war chest’ of local experience, especially in terms of rich media content and customer interactive media.”

Khaleeel will succeed outgoing Chief Operations Officer (COO) Abraham Smith, on March 1.

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