Day: July 19, 2012

MDP votes to boycott elections if Nasheed barred from running

The Maldivian Democratic Party (MDP)’s National Council has unanimously decided to boycott presidential elections if a court ruling bars former President Mohamed Nasheed from competing.

Nasheed was elected the party’s presidential candidate following the results of internal elections held last month.

Despite being the party’s sole candidate, following the final count of the 258 ballot boxes Nasheed recorded 31,798 votes in favour to 269 against his being the party’s presidential candidate, after more than two-thirds of the party’s membership turned out to vote.

The MDP’s current membership stands at 48,181 according the Election Commission (EC)’s figures, giving it the largest membership of any party in the country.

However, earlier this week the Prosecutor General forwarded a case against the former President to the Hulhumale magistrate court, concerning his detention of Chief Criminal Court Judge Abdulla Mohamed during his final days in office.  Nasheed’s government had accused the judge of “taking the entire criminal justice system in his fist”.

If sentenced, Nasheed would potentially be barred from competing in a presidential election.  The matter appears temporarily stalled after the Hulhumale Court yesterday rejected the case as falling outside its jurisdiction, returning it the Prosecutor General.

“This is our candidate, and if they are going to stop him from seeking election, then we are not going to play by their rules,” said MDP Spokesperson Hamid Abdul Ghafoor.

“We have experienced 30 years under [former President Maumoon Abdul Gayoom]. His trials have always been politically motivated, and this is a politically motivated trial”, he aded.

“The MDP votes that elected Nasheed [as its presidential candidate] represent twice the registration of the entire Progressive Party of the Maldives (PPM), and more than 4000 votes than the total membership of the Dhivehi Rayithunge Party (DRP),” Ghafoor noted.

“Gayoom is on the back foot. The moment Gayoom said he would not attend talks to negotiate, he isolated himself. His rhetoric and utterances about leaving the Commonwealth are not understood by the democratic international community – we see this man going against the majority. We will not stop seeking early elections, and will continue direct action.”

President’s Office Spokesperson Abbas Adil Riza said he felt the issue was an “internal matter for the MDP. It is not for the government to comment.”

“I don’t think affect it will affect the legitimacy of the elections,” he said. “Without a congress the decisions of the MDP National Council do not reflect the will of the party’s members.”

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Hanaa and Murrath sentenced to death for Najeeb’s murder

The young couple charged with the murder of lawyer Ahmed Najeeb were on Thursday sentenced to death by the Criminal Court.

However the government said it expects both verdicts to be commuted to life imprisonment pending the outcome of a cabinet consultation.

Ahmed Murrath, 29, and his girlfriend Fathimath Hana, 18, were arrested and charged with Najeeb’s murder after his body was discovered by police at Maafanu Masroora house, (Murrath’s residence) in early evening of July 1. The body was stuffed inside a dustbin, badly beaten up and with multiple stab wounds.

The judge noted that the decision for death penalty comes following the pair’s confession in court and the statement from all eight heirs of Najeeb requesting for qisas (equal retaliation) – the death penalty – instead of accepting the alternative, blood money.

Murrath, who has previous criminal records, confessed to killing Najeeb out of anger and under the influence of drugs, alleging  the lawyer attempted to sexually assault his 18 year-old girlfriend while he was at Masroora House.

The court heard that Najeeb visited Masroora House on June 30 to provide legal counsel on a case related to cash missing from Murrath’s mother’s account and the issue of dividing the house.

Murrath said that he tied Najeeb to a chair, gagged him and taped his hands, feet and face while threatening him with a four-inch knife he brought from the kitchen. He said that his girlfriend Hanaa had no role in it and was sleeping while he killed the lawyer between 6:00am and 7:00am during the morning of July 1.

Hanaa however had confessed in court of “helping” to tape and bind the victim to the chair. She did not confess to killing him and said at the time she was sleeping, intoxicated from drinking alcohol.

The judge however noted that the confessions given by Hanaa and Murrath to the police investigators reveal that the pair together schemed to suffocate the victim to death irrespective of whether he had sexually assaulted her or not, because they wanted to steal money from him.

Even though Hanaa had not confessed to killing Najeeb, the judge concluded that she has to bear full responsibility for the murder as Najeeb was incapacitated from defending his life because she helped bind him to the chair.

This is the first conviction for the teenage girl from Rihaab house in Goidshoo island of Shaviyani Atoll, while it is the 15th criminal offense proved against her boyfriend. He has a 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

He was released last year under the government’s Second Chance program for drug offenders.  The programme was recently criticised by Home Minister Dr Ahmed Jameel over claims that it released prisoners, held in certain cases for committing serious crimes, for political purposes.

Commuted sentence

In addressing the sentences given to the pair by the court, the government said today that President Dr Mohamed Waheed Hassan would be consulting with his cabinet and Attorney General Aishath Azima Shakoor over the verdicts. In previous cases where the death sentence had been favoured by the country’s courts over the past 60 years, the state has itself intervened to commute such verdicts to life imprisonment (25 years) instead.

President’s Office Spokesperson Abbas Adil Riza said that while consultations on the matter would be held, he did not expect a “departure” from the long-standing state policy of commuting death sentences to life imprisonment.

“There has been pressure from certain groups to uphold death sentences, but I do not think these calls are in line with the will of the Maldivian people,” he said. “The president will also have to look into our obligations under the various international treaties we have signed.”

Just this week, the UN Human Rights Committee (UNHRC) asked the Maldivian state to enact legislation to officially abolish the death penalty as part of a wider review of human rights commitments in the nation.

“The state itself has admitted that capital punishment does not deter crime,” the statement noted.

Parliament review

Despite such calls by organisations like the UNHRC, a motion related to the death penalty is currently being reviewed by the parliament which, if passed, will make the enforcement of the capital punishment mandatory in the event it is upheld by the Supreme Court, halting the current practice of the President commuting such sentences to life imprisonment.

Earlier this month, Chief Justice Ahmed Faiz said the death penalty could be executed within the existing justice system of the Maldives.

Following the murder of Najeeb, the chief justice told local media that Maldives legal system, being based on  Islamic Sharia, allows the death penalty to be implemented.

Following Najeeb’s murder – the seventh  homicide recorded this year alone – Home Minister Jameel and Attorney General Aishath Azima Shakoor, as well as and other prominent lawyers and lawmakers, have publicly endorsed their support for implementing capital punishment to deter increasing crime rates.

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Ports Workers Union accuse MPL of employee “rights violations” for political activism

The Maldives Ports Workers Union (MPWU) has accused the Maldives Ports Ltd (MPL) of violating employee rights, alleging the state-owned company has unfairly dismissed four employees due to their political activism.

In a letter on July 12 to MPL CEO Mahdi Imad, Chairperson of the MPWU Ibrahim Khaleel said: “Although the constitution guarantees freedom of expression and freedom of assembly, it is now common within MPL to stop employees from expressing certain political views, and violate the Employment Act by unfairly dismissing employees and transferring employees to different departments without prior warning or explanation of any offense committed.”

Speaking to Minivan News, Khaleel said the company mainly targeted employees who supported the ousted Maldivian Democratic Party (MDP).

“They send people with cameras to MDP protests to check which MPL employees take part in the protests,” Khaleel said. The MDP has taken to the streets for the 11th consecutive day demanding fresh polls, alleging President Mohamed Nasheed was ousted in a coup d’état on February 7.

In addition to the four employees who have been dismissed, 30 have been suspended and 10 have been transferred from their position at the Malé port to Thilafushi Island port, Khaleel said.

In his letter, Khaleel called on the MPL to “respect an employee’s right to exercise freedoms granted in the constitution and by participating in political activities in his or her free time” and asked the company to withdraw blocks on “social media including facebook, twitter and gmail.”

In response, Imad in a letter on July 16 accused the MPWU of dividing employees and promoting the interests of a certain political party and threatened to take action against the union.

“We have received reports that the union is attempting to divide employees and promote the interests of a certain political party. Hence, I order and advice you not to do so. If this happens in the future, we will have to take action against you,” he said.

Further, access to social-networking sites had been blocked because they “often propagate un-Islamic, sinful activities and propagate the interests of Jews,” Imad said.

Khaleel denied Imad’s allegations, stating that “When MDP was in power, we had a lot of difficulty in registering the union. The MPL management at the time wrote a letter to the Home Ministry requesting that they deny our registration. We are not a political organization, we work for employee rights.”

The MPWU has been contact with other ports workers unions in the region to discuss steps to take next, Khaleel said.

In May, porters working at MPL went on strike after the management confiscated their TV for “watching too much Raajje TV.” Government aligned parties have accused Rajje TV of being aligned with the MDP.

Minivan News also documented the suspension of seven staff at MPL in April. The company claims staff were suspended for violating “norms of good behavior” outlined in the code of conduct, but staff told Minivan News they had been suspended for taking part in MDP protests.

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Finance Ministry orders all institutions to pay back former govt’s civil servant salary cuts

The Finance Ministry has today issued a circular informing all institutions to pay the amount cut from civil servants from January 2010 to December 2012 by the former government, staring from July onwards.

The circular said the money should be paid monthly and not in a lump sum, and advised all institutions to pay the amount from the annual budget for wages. If the money in budget was not enough, the finance ministry advised the institution to cut the money from the budget allocated for other expenses.

The circular was signed by the Ministry’s Financial Controller, Mohamed Ahmed.

The reduction in civil servant pay was introduced by the previous government in an attempt to manage a financial crisis back in 2009. The initial deduction, agreed between the Finance ministry and the Civil Service Commission (CSC), was only due to last for three months until the government’s income had risen above Rf7billion (US$544 million).

However, after the Finance Ministry refused to restore wages to the previous level, the CSC took the case to the courts.

The Civil Court ruled that the Finance Ministry did not have the authority to reduce the salaries, a cut of up to 20 percent in some cases. The CSC at the time interpreted this as a decision to restore the deducted salaries, a decision upheld by the High Court in May of last year.

In April this year the Civil Service Commission said the wage repayments, amounting to Rf443.7 million (US$28.8 million), will be disbursed in monthly installments over 12 months from July 1 this year. This money has not been accounted for in this year’s state budget, the deficit of which has already drawn concern from the International Monetary Fund.

In January 2010 the International Monetary Fund (IMF) warned that international funding to the Maldives would be threatened if civil servant salaries are restored to former levels.

“One of the primary drivers of the large fiscal deficit has been government spending on public wages, which has more than doubled between 2007 and 2009, and is now one of the highest in the world relative to the size of the economy,” Rodrigo Cubero, IMF mission chief for the Maldives said at the time.

“Measures that would substantially raise the budget deficit, such as a reversal of previously announced wage adjustments, would also put the program off track, jeopardising prospects for multilateral and bilateral international financing,” he warned.

The Maldives is currently facing a foreign currency shortage, plummeting investor confidence, spiraling expenditure, a drop off in foreign aid and a crippling budget deficit of 27 percent.

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Commission has interviewed 224 witnesses: CNI

The Commission of National Inquiry (CNI) told reporters today that it has interviewed 224 witnesses in its ongoing investigation to determine whether President Mohamed Nasheed resigned “under duress” on February 7.

The commission aims to complete interviews of remaining 60 witnesses by the end of July and hopes to publish its report by August 31, commission member Dr Ibrahim Yasir Ahmed said.

The CNI was recently reconstituted to include a foreign judge and a member to represent former President Nasheed after the Commonwealth raised concern’s over the body’s impartiality during its first iteration.

Nasheed’s representative to the CNI, Ahmed Saeed, said the commission had received overwhelming support from all sectors of society, including security forces, former government officials and civilians.

However, the Human Rights Commission of the Maldives (HRCM) and the Police Integrity Commission (PIC) had not responded to requests to share information, Saeed said.

Dr Fawas said Raajje TV was the only television station that had not shared video footage with the commission so far.

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Nasheed and Defense Minister responsible for arrest of Judge Abdulla: HRCM shadow report

The Human Rights Commission of Maldives (HRCM) has publicly revealed the names of those it considers responsible for the arbitrary arrest and detention of Criminal Court Chief Judge Abdulla Mohamed, despite previously stating that it did not wish to reveal the names for risk of prejudicing any court action.

In the shadow report on the International Covenant on Civil and Political Rights (ICCPR) in response to the Maldives initial state report submitted by the commission to UN Human Rights Committee in June, HRCM explicitly blames those responsible for the arbitrary arrest.

Article 71(iv) of the report reads: “It is conclusive to the investigation that the President and the Minister for Defense and National Security have to take the responsibility for arbitrary arrest and detention of the Chief Judge.”

Article 71(v) reads: “It is conclusive that it was the orders of the President to arrest Chief Judge as there was no action taken against the MNDF for disobedience to the orders of the Courts.”

However, in a press conference held on Wednesday, President of HRCM Mariyam Azra declined to give the names of those involved in the alleged abuse of the judge’s human rights. HRCM also declined to give any other details at present that it felt could influence any potential trials after charges were filed against Nasheed and several senior figures in the Maldives National Defense Force (MNDF) this week.

During the press conference, commission member Dr Ali Shameem spoke of the importance of having at least a “presence” of international human rights organsations at a time where the country was seeing violent political turbulence.

“I think it is very important that international human rights organisations have a presence – at least an office here in the Maldives – which we could easily reach on matters regarding human rights,” he said.

However, commission President Azra spoke against the views of the commission member, stating that she was of the view that it was “a domestic thing which we want to tackle ourselves.”

“I do not think we need an international presence. I believe the matter is a domestic thing and I am of the view that a local can be found,” she said.

During the press conference, members of the HRCM stated that their investigation had uncovered evidence that the judge, who was detained during the administration of former President Mohamed Nasheed over allegations that he posed a threat to national security, had faced attempts to remove him from his post and send him abroad.

The opposition Maldivian Democratic Party (MDP), who had been in government during the time of Judge Abdulla’s detention, today raised concerns over what it claimed was the “complicit irresponsibility” of the HRCM – a body it alleged was biased towards the political interests of former President Maumoon Abdul Gayoom.

Furthermore, the commission used the press briefing to publicise its concerns that “efforts” had been made to “coerce” the judge to commit unspecified actions that would have contravened his human rights.

Speaking to Minivan News, Azra stated that she did had not declined to reveal the names of those who were found responsible, but said she had declined to suggest against whom the Prosecutor General (PG) should press charges.

“It is not my duty to say against whom the charges should be pressed. It’s the PG who will decide it,” she said.

“We have also sent a copy of the report to President Nasheed, the Defence Minister and all the concerned authorities,” she added.

She also stated that she had been unable to answer calls from Minivan News yesterday at time of press.

“Serious Concerns”

Responding to the press briefing, the opposition Maldivian Democratic Party (MDP) – of which Nasheed is the current presidential candidate – said it held “serious concerns” in the selective nature of the HRCM’s investigations.

MDP MP Hamid Abdul Ghafoor alleged that the HRCM’s investigation had now formed the basis of criminal charges filed against Nasheed.  The case was yesterday returned to the Prosecutor General’s (PG’s) Office after the Hulhumale’ Magistrate Court said it did not presently have jurisdiction to hear such a case.

In March, the Prosecutor General Ahmed Muizz told Minivan News that the completion of the Nasheed cases was being delayed whilst police reviewed certain aspects of the investigation.

Ghafoor claimed that the decision to move ahead with the charges this week raised questions about allegations of political influence on the HRCM and the information it made available to the PG’s Office.

“I believe there is a very strong link between the HRCM holding this media briefing today and Islamist factions linked to [former President] Gayoom,” he added. “This week this faction has been very active in lobbying the HRCM, the Police Integrity Commission (PIC) and even the president himself.”

Just last month, Deputy leader of the Progressive Party of Maldives (PPM) Umar Naseer has expressed his confidence that the Prosecutor General’s (PG) investigation into charges against former President Mohamed Nasheed will see his imprisonment before the scheduled elections in July 2013.

“We will make sure that the Maldivian state does this. We will not let him go; the leader who unlawfully ordered the police and military to kidnap a judge and detain him for 22 days will be brought to justice,” local paper Haveeru reported Naseer as having said.

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Nasheed’s antics – a never ending story: Dr Hassan Saeed

“There is at least one person in the Maldives who appears to know what the outcome will be of the National Commission of Inquiry (CNI).  And that’s former President Nasheed,” claims Dr Hassan Saeed, Special Advisor to President Waheed, writing for Haveeru.

“What other explanation can there be for the fact that he continues to encourage the street demonstrations and violence that are plaguing the streets of Male’ at present?
Mr Nasheed’s MDP is calling for his Direct Immediate Action Campaign to continue with the on-going protests until the government is overthrown and early elections are called.
How is this behaviour consistent with his commitment to the international community that he will respect the outcome of the CNI process?
A Commission that includes his own nominated representative and is co-chaired by a Singaporean Supreme Court judge nominated by the Commonwealth and assisted by advisors from the United Nations and the Commonwealth.
Well the short answer is that it isn’t consistent.
But this behaviour is consistent for a man who suspects that the outcome of the Commission’s investigation will not go the way that he wants it. Otherwise he would patiently wait for its outcome. After all, one and half month is not a long time.
As ever, former President Nasheed seems capable of taking two completely inconsistent stances at the same time. On the one hand he tells the international community that he is a true democrat and will abide by the processes that they have helped to put in place and on the other hand he is playing to his local supporters and activists encouraging actions that explicitly seek to pre-empt any conclusions that the Commission might reach.
And as supporting evidence, just look at the activities of his supporters on the social media. Here we see a prolonged and consistent campaign to try and discredit the very judge –Justice GP Selvam – in front of whom Mr. Nasheed was perfectly happy to give evidence earlier this month.
How is it that Mr. Nasheed allowed to get away with this?
Well of course it’s a pattern of behaviour that both his supporters in the Maldives and elements of the International community seem blind to.”
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Government sheds pretence of reconciliation with charging of Nasheed: Eurasia Review

The new government of the Maldives has shed all pretence of reconcilliation with its levying of criminal charges against former President Mohamed Nasheed, writes Dr S Chandrasekharan for the Eurasia Review.

“If sentenced Nasheed and Tholiath will face a jail term or banishment for three years and or a fine of MVR 3000.

It looks that the government has shed all its pretences of going for reconciliation with the ousted President Nasheed and with this, the initiative taken by India in starting the “All Party Road Map Talks” is also dead and buried. It should also be clear to the policy makers in India that President Waheed and his government have no intention of holding early elections as promised earlier.

This also coincides with the week long direct action protests by MDP protestors led by Nasheed that had often resulted in regular and in some cases brutal confrontation between the Police and the demonstrators. The MDP claims that over a hundred of its protestors have been arrested. One graphic picture in the media showed a bald headed protester being hit on his head by a lathi by the police.

As if to rub salt in the wound, Home minister Jameel said that it is a “historic criminal trial” and the first step towards the national healing process. We have seen the healing process in the last seven days with the law and order situation getting more serious with each day of protest.

It looks that prosecution will be one of the means that is being adopted to prevent Nasheed from contesting the next presidential elections. It may be recalled that in the internal poll held to select the presidential candidate by the MDP, Nasheed obtained over 31,000 votes.

The deputy head of the PPM which is literally running the government, Umar Naseer expressed his confidence last month that former President Nasheed will see his imprisonment before the scheduled elections in July 2013 (note the date).

The powerful Adviser to the President Dr. Hassan Saeed also in a similar vein said that he “does not believe that Nasheed will be a free man during the time of next Presidential elections.” Is it not ironic that it is the same Saeed who in his capacity as Attorney General in Gayoom’s regime had way back in 2005 filed a complaint against Judge Abdulla on allegations of misogyny, sexual deviation and also throwing out an assault case despite the confession of the accused? ? It is Abdulla’s detention in late January that triggered the prosecution case against Nasheed.

It is said that the final report by the newly reconstituted Commission of National Enquiry will be delayed by a month. The new committee has begun its enquiry with two new members, one a nominee of Nasheed and another a Judge (Justice Selvam) Singapore.

The time line produced by the old committee before the new one was constituted has created an avoidable controversy. It is alleged by the MDP that this report was an attempt to prejudice the work of the new committee. A rejoinder to the time line produced by the MDP- the “Ameen- Aslam” report has resulted in an expected reaction of the government terming it as a “terrorist Act” and both Ameen and Aslam are being prosecuted as terrorists! Ameen was the National Security Adviser during Nasheed’s tenure and he is fully aware of the circumstances under which Nasheed resigned.

It is back to the Gayoom days when Nasheed was prosecuted under terrorism laws when he protested against the government in a public place!

Nasheed’s recent statement in US that tourists should boycott Maldives has caused a near panic in the country. This will hurt the country a lot more than even the ongoing violent street protests. An emergency resolution has been introduced in the Majlis on 7 July by a few members to discuss the tourism boycott call.

What is surprising is that Nasheed is still able to organise protests on a massive scale and it looks that he is determined to fight on. The Maldivian Government under President Waheed appears to be equally determined to put down the protests and go ahead with the prosecution of Nasheed without leaving any space for reconciliation. This is a dangerous trend.”

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