Police arrest 37 year-old man in connection with pregnant 11 year-old

Police have confirmed that a 37 year-old male is being held in custody in connection to an investigation into the case of an 11 year-old girl who gave birth to a premature baby on Thursday, November 1.

The confirmation was made as high-profile politicians, public figures and NGOs have launched a wider debate on child abuse and responsibility towards the welfare of young people in the Maldives.

Both government-aligned and opposition figures have called for authorities to properly investigate the pregnancy and alleged abuse of the girl, a stance backed by the Maldives’ Ministry of Islamic Affairs, which has labelled the matter a “very serious” and “dirty crime”.

The 11 year-old girl, who cannot be identified due to her age, gave birth to her child two months prematurely on Thursday.

Her child later died early morning on Friday (November 2), after being taken to Feydhoo regional hospital in Seenu Atoll for further treatment, with medical officials telling local media at the time that the girl had said she had been the victim of multiple cases of child abuse.

Police Spokesperson Sub Inspector Hassan Haneef told Minivan News today that a 37-year old male was presently being held in custody in relation to the case, but could not confirm if the 11-year old girl herself was presently under observation by authorities or was back with her family.

Islamic Affairs Minister Sheikh Mohamed Shaheem Ali Saeed told Minivan News he was aware of the ongoing investigations into the matter, which he labelled “a very big crime,” adding that the young girl should not herself take any blame or punishment.

“Personally I can’t say any word to punish a small girl in grade six. This may be a rape or sexual abuse case,” he said.

“We must find the man who did this dirty crime and he must be punished. I believe this to be a very serious case and have this morning talked with the Human Right’s Minster and Attorney General regarding the [issue].”

The Minister for Gender, Family, and Human Rights is presently is mandated to deal with the matter.

Gender Minister Dhiyana Saeed referred Minivan News to Dr Aishath Rameela, State Minister for Gender, Family, and Human Rights.

Dr Rameela was not responding to calls at time of press.

Twitter debate

Debate over the case has raged on social media over the last few days.  Political figures including MP Rozaina Adam of the Dhivehi Rayyithunge Party (DRP) stressed via Twitter that investigations conducted by both the police and the Maldives Gender Ministry of were proceeding at “top speed”.

Rozaina, who labelled the case as both “unacceptable” and “shocking”, demanded on social media that police make the case a high priority and find the person responsible for fathering the child.

“An 11 year-old doesn’t get pregnant by herself! This is child abuse we are talking about here n authorities need  to find out who is responsible,” she wrote on the social media service.

Rozaina was not responding to calls from Minivan News at the time of press.

Meanwhile, Ali Rameez, a famous singer who gave up music and now heads the Islamic NGO Jamiyyathul Salaf, tweeted on Friday: “All you people who claim to be Muslims! In Allah’s Shariah [law], a child grows up when he or she reaches puberty. Not when they turn 16, 18, 25.”

Rameez, who also hosts a religious program on private radio station SunFM, tweeted earlier that he was “not aware that children could get pregnant.”

The comments were criticised by some social media users including former Environment Minister Mohamed Aslam, who tweeted: “Where are the children’s right groups… Where is HRCM.. Horrified with the preaching of people like Ali Rameez.”

Outside of the political sphere, local NGO, Advocating the Rights of Children (ARC) yesterday issued a statement calling on the government, civil society organisations and the general public to step up efforts to combat child abuse in society.

“ARC strongly condemns the recent case of child abuse resulting in the pregnancy of an 11 year-old child. ARC calls upon the authorities to utilise all necessary resources to ensure the safety and protection of the child,” the statement read It is an obligation for us as responsible citizens to protect our children, and it is the Maldivian government’s obligation as a signatory to the Convention of the Rights of the Child (CRC) that all international commitments to protect the rights of all children are adhered to fully.”

ARC also highlighted the importance of respecting the child’s privacy, while urging parliament, the government and the nation’s judiciary to take “action urgently” over the case.

“We also call on the relevant state institutions, civil society and other international entities in the country to take all precautionary measures to prevent violations of children’s rights, protect their safety and well-being, and to maximize their efforts to address comprehensively the issue of the violations of children’s rights in the Maldives,” the statement added.

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JSC asks Supreme Court to look into legality of Hulhumale Magistrate Court

Former President Mohamed Nasheed’s legal team has stated that neither the Attorney General’s Office nor the Prosecutor General’s Office presented any arguments to confirm the legality of the Hulhumale’ Magistrate Court at Sunday’s hearing at the High Court.

Member of the legal team, Hisaan Hussain, however stated that the Judicial Services Commission (JSC) had used the opportunity to present its case.

At a press conference held Sunday, Hisaan further stated that they felt it would be unjust for the Hulhumale’ Magistrate Court to be presiding over any case after Nasheed’s case was temporarily halted over allegations of the court being unlawfully established.

JSC lawyer Abdul Fahthah stated in court today that the JSC had lodged a case at the Supreme Court on the same morning asking the court to look into the matter of the legality of the Hulhumale’ Magistrate Court.

Meanwhile, the Hulhumale’ Magistrate Court has stated that along with Nasheed’s trial, the trials of the other four persons regarding the arrest of Criminal Court Chief Judge Abdulla Mohamed have now been temporarily halted.

In addition to Nasheed, former Minister of Defence and National Security Tholhath Ibrahim Kaleyfanu, former Chief of Defence Force retired Major General Moosa Ali Jaleel, retired Brigadier General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are also being tried individually for the same case.

The Hulhumale’ Magistrate Court held the first hearing of Nasheed’s case on October 9. The second hearing had been scheduled for November 4, which was cancelled following the injunction granted Sunday morning by the High Court.

Nasheed’s legal team has previously raised concerns about the legality of the Hulhumale’ court, citing Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act.

Minivan News was unable to contact the PG Office and the AG Office at the time of press.

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Criminal Court extends detention period of two suspects arrested in Afrasheem’s murder case

The Criminal Court has extended the pretrial detention period of the two suspects arrested in connection with the murder of late MP and religious Scholar Dr Afrasheem Ali by another 15 days.

According to local newspapers the pair was brought to the court on Friday.

Local media has identified the two suspects as Ali Hashim ‘Smith from the island of Dhidhoo in Haa Alifu Atoll and Hassan Humam from Male’.

Minivan News understands that another boy was arrested in connection with the case, who became a suspect after the police noticed that on the night of Afrasheem’s murder he wore the same colored shirt as caught on the CCTV footage near the area where Afrasheem was murdered.

According to sources the boy had not been released yet.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Immediately prior to his murder Afrasheem had made his last public appearance on a live talkshow on TVM titled “Islamee Dhiriulhun” (Islamic Living).

In his last words, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance and disputed that there was any religious motivation in the death of the moderate scholar.

The Maldives Police Service (MPS) has sought assistance from the US Federal Bureau of Investigation (FBI) and the Singaporean police to analyse 200 items collected as evidence during the ongoing investigation.

Evidence gathered so far includes recordings of phone conversations, forensic samples and over 300 hours of CCTV footage, which were being analysed at the police forensic laboratory with the help of foreign experts.

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High Court grants injunction suspending former President Nasheed’s trial

The High Court today granted an injunction (Dhivehi) temporarily suspending the trial of former President Mohamed Nasheed at the contested Hulhumale’ Magistrate Court, pending a ruling on procedural points raised by the former President’s legal team.

The former President is facing criminal charges over the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

At a preliminary hearing on October 22, Nasheed’s lawyers requested an injunction halting the trial pending a ruling by the High Court on three procedural points dismissed by the Hulhumale’ Magistrate Court: a magistrate court holding a trial on a different island to where it was based; the constitutional legitimacy of the Hulhumale’ Magistrate Court; and the legality of the arrest warrant issued by the Hulhumale’ Magistrate Court, as such orders could only be issued by a court in the locality of the defendant’s permanent address.

At the Hulhumale’ Magistrate Court’s first trial date on October 9, the court summarily dismissed the first two points and agreed to hear the last issue. The court however ruled that the warrant was issued legally as it was following a precedent established by the High Court.

The ruling was subsequently appealed by Nasheed’s legal team at the High Court.

Concluding the hearing on the appeal on October 22, High Court Judge Shuaib Hussain Zakariya said the three-judge panel would issue a ruling on the injunction at the next hearing on the morning of November 4.

Meanwhile, the second hearing of the trial at the Hulhumale’ Magistrate Court was scheduled for 4:00pm today. Following the court order issued by the High Court however, it has since been cancelled.

In its ruling today, the High Court noted that the Prosecutor General’s Office had not objected to the court issuing the injunction at the October 22 hearing.

The High Court noted that continuing without “determining the legitimacy of the necessary procedural processes” and “ensuring the rights of the defendant” could cause irreparable injury to the claimant.

Moreover, if there was “a delay” in ruling on the request for an injunction, “the court believes that the purpose of the ruling [on the appeal] might not be achieved”.

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Comment: Partying time may soon be over for small parties

Partying time may soon be over for a bunch of minor political parties in Maldives, if the unanimous decision of Parliament’s Committee on Independent Commissions is anything to go by.

According to the committee’s decision, political parties will require a minimum of 5,000 verifiable members to be recognised by the nation’s Election Commission as such. They would have to have double that number if they intend seeking Government funding under the law.

At present, political parties need to have 3,000 registered members for recognition under the law. The Constitution has also earmarked one percent of the nation’s GDP for election funding, to be distributed in proportion to the number of registered members of individual parties.

Though fewer than a few thousand voters are there in each of the 77 parliamentray constituencies, electioneering is a costly affair in the archipelago, thanks to the high cost of commuting between the widely-spread islands. The nation has a directly-elected Executive President of the US model, but with a 50-per cent-plus-one vote-share for election. Where none of the candidates make it in the first round, the top two move on to a second, run-off round.

All this makes the electoral campaigns costly and competitive for political parties. What’s more, political parties have to fund other elections under the new scheme, for the 77-member Parliament and the decentralised local councils and the seven newly carved-out province and island  councils, too.

Given the infancy of the new scheme, it has become necessary for the national leadership of all the parties to be seen as campaigning even for by-elections to local councils, as this would also be an occasion for presidential and parliamentary hopefuls to reach out to the electorate at that level. State funding thus helped lessen the financial pressure on individual political parties.

Media reports quoting parliamentary committee Chairman and Kulhudhuffushi-Dhekunu MP Mohamed Nasheed, said that considering the nation’s population-size only parties with 10,000 members could be considered to be politically influential. They could be given state funding, to promote ideas, he said, indicating that the discussion in the committee on this particular issue was lengthy and exhaustive.

As and when Parliament passes the committee’s proposal into legislation, parties with less than 5,000 registered members at present would be given six months to enroll more. Those enrolling with the Election Commission after the current proposal comes into force will be given three months for the purpose. “Parties that fail to have 5,000 members within this period will be abolished,” he was quoted as saying.

Three identifiable groups

Political parties in Maldives can be classified under three identifiable categories at present. At the top are the three major parties with substantial membership and parliamentary presence. Topping the list overall is the Maldivian Democratic Party (MDP) of former President Mohammed Nasheed, followed by his predecessor Maumoon Gayoom’s Progressive Party of Maldives (PPM), and the latter’s earlier party, namely, the Dhivehi Rayithunge Party (DRP), headed by Thasmeen Ali.

In a nation with a population less than 400,000, the MDP claims close to 50,000 members. After the vertical split, the DRP and the PPM are yet to prove their split figures, though the latter is believed to be the stronger of the two.

Then there are three other political parties with parliamentary presence, but which are not in the same league as the earlier three. Among them the People’s Alliance, founded by Gayoom’s half-brother Abdulla Yameen, has formed a common parliamentary grouping with the PPM with the latter as its leader.

The Jumhoree Party (JP), or the Republican Party, is headed by former Finance Minister Gasim Ibrahim. The Dhivehi Quamee Party (DQP), whose leader, Dr Hassan Saeed, was, amd is a Special Advisor to Presidents Nasheed and incumbent Waheed Hassan Manik, also has a limited parliamentary presence. However, neither the membership of the JP and the DQP, nor their parliamentary representation, obtained through the May 2009 elections now reflect the 15-plus and 16-plus per cent vote-shares registered by Gasim Ibrahim and Hassan Saeed in the first round of presidential polls in 2008.

The last grouping of political parties in the country comprise those that are enrolled with the Election Commission with the existing 3,000-member requirement and may or may not be active – but do not have any parliamentary representation.

Included in the list of eight parties, ironically, is the Gaumee Ihthihaadh Party (GIP) of President Waheed, and the religion-centric Adhalaath Party (AP), or the Justice Party.

While the AP is more vociferous than most political parties in the country, barring possibly the MDP, the party recorded probably less than one per cent vote-share in the presidential polls of 2008 and could not win a single seat in the parliamentary elections only a few months later. However, the AP did manage to win a little more than a handful of seats in the local council elections, conducted under a new law for regional governance, in March 2010. Interestingly, both the AP and the GIP – the later did not contest either the parliamentary elections or the local government polls – have ministerial representation in the governments of President Nasheed, and now Waheed.

The GIP, as whose founder President Waheed was the alliance partner of the MDP for the presidential polls, and became Vice-President as Candidate Nasheed’s running-mate, did not register with the Election Commssion until after it had become too late for the 2008 polls. It did not field any candidates in the later-day elections.

Both the AP and the GIP have another thing in common. Continuing as allies of the government, they saw their ministerial representatives deserting the parent party and joining the MDP, and continue in the government under their new identities.

‘Guided democracy’ or what?

At the conclusion of the 2009 parliamentary polls, as MDP leader, President Nasheed spoke about how the nation had voted for what was tantamount to a two-party system, and welcomed it as a step in the right direction.

As he had pointed out, his MDP and the undivided DRP of the time had managed to win a substantial number of the total 77 seats in the People’s Majlis, or Parliament. Post-poll, defections across the board made the MDP the single largest party in Parliament, and it remains so despite losing two seats in by-elections held after President Nasheed’s resignation on February 7.

The ‘People’s Alliance (PA), which has formed a common parliamentary group with President Gayoom’s PPM since, had come third with seven seats in the 2009 polls. Its ambiguous identity as a separate political party when its founder is said to be an aspirant for the PPM’s presidential nomination, may cause the leadership to revisit its continued existence and separate identity. Other parties had either won less than a handful of seats each, or drawn a blank like the religion-centric AP. Their performance in the 2010 local council elections too was nothing much to go by.

Opinion is however divided over the wisdom of letting the current mushrooming of political parties to continue. While the PPM and DRP, for instance, seem to be sharing the MDP’s views, though their official position is not known, other parties may have a problem accepting the current course – for reasons of their own, and also in the larger cause of democracy.

Indications are that the parliamentary committee having been represented by only those with legislative representation, those that are left out now may be considering the possibility of moving the courts against any new law regulating their continuance, if and when it came into force.

At the end of the day, democracy is all about facilitating louder voice and larger political space even for those left out of the mainstream, otherwise. Or, so goes the argument. However, democratic exception have been made in the legal sense of the term, where ‘reasonable restriction’ has been used as a valid judicial argument to delineate one from the other, ‘men from the boys’.

The question before the nation thus is this: whether, it should continue with what is inherent to the polity as a ‘coalition model’, as witnessed in the 2008 presidential polls, and beyond – though not to the same extent, or to encourage consolidation under identifiable electoral entities?

In the medium-term, consolidation may hold the key to political stability at a crucial stage in the nation’s contemporary history of democratic transition. The trickle-down politico-electoral effect of democracy, particularly in the Third World South Asian neighbourhood, points to the inevitability of splits and splinters emerging, if only over a period, institutionalising the inevitability of coalition politics of one kind or the other.

The US, where a ‘third candidate’, Independent Ross Perot, polled as high as 18.9 per cent of the popular-vote in the 1992 polls, seems to have handled it differently, since. Political commentators and leaders of the two mainline parties in the country, namely the Democrats and Republicans, called the ‘Ross Perot Effect’ an “aberration that will not be allowed to continue”. Subsequent presidential polls have proved as much, and the globally-televised public debates of presidential hopefuls, among others, are tailored to keep out ‘non-serious candidates’, thus making the world’s most powerful democracy also the ‘most guided’ of all democracies.

Apart from the judiciary, the Election Commission itself may have its views, but its relevance would be more political than legal. Technically, President Waheed too may consider returning any Bill passed by Parliament for regulating political party membership and state funding, for reconsideration.

It would then remain to be seen if the Majlis would the stomach to revisit the Bill and return to the same conclusion, if the original conclusion itself is one of endorsing the committee’s current proposition. It may thus be too early to say which way Maldives would go, but the fact is that Maldivians have started thinking ahead in the matter – and there is an element of unanimity among the ‘big players’ for now, if one were to go by the media reports.

The writer is a Senior Fellow at Observer Research Foundation.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Gasim alleges corruption in Gan airport development deal

Jumhoree Party (JP) Leader and MP for Alif Dhaal Maamigili, Gasim Ibrahim, has alleged corruption in the proposed sale of a stake in the Addu International Airport Company Ltd (AIA) to finance development of the Gan airport in Addu City.

The allegations were made in a six-page letter from the business magnate MP sent on Tuesday to President Dr Mohamed Waheed, which was leaked to local media last week.

The JP presidential candidate reportedly contended that the government had decided to sell a 30 percent stake in AIA to a local company named Kasa Holdings “without due consideration.”

‘Champa’ Hussain Afeef, tourism pioneer and business mogul, owns Kasa Holdings.

A consortium formed by the Maldives Airports Company Ltd (MACL), the State Trading Organisation (STO) and the Gan Airport Company meanwhile owns AIA.

AIA Managing Director Shahid Ali – also managing director of STO – confirmed to newspaper Haveeru in September that the AIA board of directors had decided to sell a 30 percent stake in AIA to Kasa Holdings for MVR60 million (US$3.9 million).

Shahid explained that Kasa Holdings and a Malaysian company had bid for the project following a public tender or announcement. He added that the Finance Ministry was consulted prior to the decision to sell the 30 percent stake.

Moreover, the bid announcement was made after the President’s Office approved the process, he said. However, the sale has been held up after the Transport Ministry asked the consortium to review the process and determine if the valuation was in line with the Public Finance Act.

Shahid said in September that AIA had requested legal advise from the Attorney General and that the government had not instructed the company on how to proceed.

Gasim meanwhile said in his letter that MVR60 million for 30 percent of AIA’s share was “a very small amount” as the value of the airport would be higher than MVR 3 billion (US$200 million).

Moreover, while US$44 million had been estimated as the cost of developing the airport, the JP MP claimed that the project could be completed with US$24 million.

An “open tender just in China alone” for the project would suffice to prove his assertion, Gasim wrote in his letter to Dr Waheed.

If the sale goes through, Gasim warned that Kasa Holdings would be positioned to acquire 70 percent of AIA by moving to sell 40 percent to a buyer of its choice.

“If a member representing the government does not attend a board meeting held to sell this 40 percent, Kasa Holdings will have the power to sell 40 percent of shares to whoever it pleases at whatever price it wants,” Gasim wrote. “In light of my experience on how these [deals] are completed, I have to say that the ultimate result would be the remaining unsold 40 percent being sold to a buyer of Kasa’s choice and the opening up of the opportunity for Kasa Holdings to control 70 percent, and within this opportunity, for [Kasa] to sell 51 or more percent of AIA to another foreign party.”

Gasim further contended that the move would pose a risk to national security, as the government would have no legal powers over the company.

Cancelling the agreement would mean paying the foreign party a “huge amount in compensation,” he claimed.

Gasim insisted that the Gan aiport should be developed by MACL and offered in his letter to reclaim land for the project free of charge “using my own dredger, employees and machinery with the government only providing oil.”

In October 2011, Gasim opened the Maldives’ first private airport at his native Maamigili with his ‘Flyme’ Villa airline landing the first flight in the new airport in Alif Dhaal atoll.

Gasim’s Jumhooree Party, part of the ruling coalition, is among parties calling for the nationalisation of the Ibrahim Nasir International Airport and cancellation of the previous administration’s concession agreement with Indian infrastructure giant GMR to develop and manage the Hulhule airport.

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