July 23, 2015 – Minivan News

PG to appeal former president’s terrorism conviction

Citing irregularities and rights violations in the terrorism trial of former president Mohamed Nasheed, the Prosecutor General has announced today that he will appeal the criminal court’s verdict.

The decision comes amidst rumors that President Abdulla Yameen will pardon the opposition leader ahead of July 26, the day Maldives marks 50 years of independence from the British.

In a brief statement issued at 6pm, PG Muthaz Muhsin said: “As various parties are raising questions about how the trial proceeded, and as Mohamed Nasheed has said his rights were violated, and that he did not have sufficient time to prepare for the case, and that he did not receive the case documents for an appeal, and since Mohamed Nasheed has asked the prosecutor general to appeal the case, the Prosecutor General’s office has decided to appeal the terrorism conviction against Mohamed Nasheed at the Maldives’ High Court under authority granted to the prosecutor general by article 233(i) of the Maldives’ constitution.”

Article 233 authorises the PG to appeal any judgment, verdict or decision in a criminal matter.

It may take days for the appeal to begin with state offices closed until July 29 for independence day celebrations. The criminal court will now have to issue a trial record and the High Court registrar will then make a decision on accepting the appeal.

Nasheed was found guilty on terrorism charges over the military’s detention of criminal court chief judge Abdulla Mohamed in January 2012.

Ibrahim ‘Ibu’ Mohamed Solih, MP of the main opposition Maldivian Democratic Party (MDP), said he could not comment as Nasheed’s lawyers were presently discussing the development.

The Attorney General Mohamed Anil today dampened talk of an imminent pardon for Nasheed saying: “Such matters will be dealt with through established procedures in the criminal justice system… It will not happen without my knowledge. I have not received any information yet.”

On June 20, President Yameen rejected Nasheed’s appeal for clemency, urging him to exhaust all appeal processes first. The opposition leader’s lawyers say that the Clemency Act grants the president the discretion, on the president’s own initiative, to commute the sentence of any individual convicted of a criminal offence.

The next day, Nasheed was transferred to house arrest for eight weeks.

The MDP and the government subsequently began talks on clemency for Nasheed and other jailed politicians and withdrawal of charges against some 1,400 opposition supporters.

The opposition has backed several government proposals in hope of freedom for Nasheed, including the impeachment of vice president Dr Mohamed Jameel and a constitutional amendment setting new age limits for the presidency and vice presidency. The amendment allowed President Yameen to replace Jameel with the influential tourism minister Ahmed Adeeb.

The MDP also issued a free whip on a second constitutional amendment to allow foreign freeholds in the Maldives. Some 19 opposition MPs, including ten MDP MPs, voted to pass the amendment.

At the fourth meeting of talks last week, Ibu had suggested that Nasheed may be released before July 26.

The UN working group on arbitrary detention is expected to rule on Nasheed’s imprisonment in September or October. In a response to the UN, the government insisted Nasheed must appeal the sentence.

The opposition leader’s lawyers maintain they have no legal avenue to file an appeal as the Supreme Court had shortened a 90-day appeal period to 10 days, weeks before Nasheed’s trial began.

The High Court, citing lateness, last month rejected an appeal filed by the Prosecutor General over a murder acquittal. Public prosecutors blamed the delay on the criminal court’s failure to issue a trial record, as had happened in Nasheed’s case.

Meanwhile, the Supreme Court last week acquitted a convicted drug trafficker citing irregularities similar to that raised by Nasheed’s lawyers.

In the unprecedented ruling, the apex court said the accused was not given access to a lawyer or the opportunity to call defence witnesses.

In a separate development, only four of the nine High Court judges are eligible to hear Nasheed’s appeal. This is because of two factors; three judges were transferred to a newly created appellate court branch in the south on June 23 and two of the three presiding judges in Nasheed’s prosecution were promoted on June 8 to fill two vacancies at the High Court.

Since the Judges Act states that an odd number of judges must preside over appeals, Nasheed’s appeal can still proceed with three judges.

An appeal filed by ex-defence minister Mohamed Nazim was stalled at the High Court when the Supreme Court transferred judges overseeing his appeal to the southern branch.

UK Prime Minister David Cameron, the European parliament, and influential US Senators have called for Nasheed’s immediate release.

Reporting by Ahmed Naish and Shafaa Hameed. Writing by Zaheena Rasheed.

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Only one head of state to attend Maldives independence celebrations

Sri Lankan President Maithripala Sirisena is the only head of state to confirm attendance at the July 26 celebrations to mark the Maldives’ golden jubilee of independence from the British.

Speaking to the press today, foreign minister Dunya Maumoon said while President Sirisena had accepted President Abdulla Yameen’s invitation, Pakistan’s Prime Minister Nawaz Sharif was unable to attend “because of certain events in his country.”

An invitation for India’s Prime Minister Narendra Modi is still open, she said.

“President Yameen’s invitation to Prime Minister Modi is still open. He can come at his convenience and will be welcomed by the Maldivian government,” she said.

In March, Modi dropped the Maldives from a tour of his Indian Ocean neighbors. The cancellation came amidst daily anti-government protests and heightened political tension sparked by the arrest and prosecution of former President Mohamed Nasheed.

Opposition supporters expected President Yameen to pardon Nasheed by July 26, but instead the Prosecutor General has announced he will appeal the criminal court’s verdict.

Nasheed was sentenced to 13 years in jail on terrorism charges relating to the arrest of a judge during his tenure. He is under house arrest at present.

Dunya dismissed today rumours that Nasheed had been invited to the official function.

Sirisena will be the second head of state to visit the Maldives since the current administration assumed office in November 2013. Chinese president Xi Jingping visited the Maldives last year.

Other foreign dignitaries who have confirmed their attendance include, the vice chairman of the China’s lawmaking Standing Committee of the National People’s Congress, foreign ministers of Nepal and Palestine, deputy foreign ministers from Japan and Bangladesh, and other ministers from India, Pakistan and Saudi Arabia.

Many diplomats are also expected to attend.

The government is planning grand celebrations to mark Independence Day, including a parade by the army and school brass bands, reopening of public parks with water fountains, an official function at the Usfasgandu area with more than 100 foreign dignitaries, official games at the national stadium, and a football tournament in the atolls.

The home ministry plans to light up all of Malé in LED lights and is rushing to complete preparations. Government offices, the Supreme Court building, the parliament building and main streets have been decked in red, green and white lights. However, power shortages in Malé may spoil plans.

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Government tight-lipped over rumors of a pardon for Nasheed

Attorney General Mohamed Anil today dampened talk of an imminent pardon for former president Mohamed Nasheed and the commutation of ex defense minister Mohamed Nazim’s jail sentence to house arrest, saying he is yet to receive any information on the matter.

“Such matters will be dealt with through established procedures in the criminal justice system… It will not happen without my knowledge. I have not received any information yet,” he told the press.

Newly appointed vice president Ahmed Adeeb meanwhile dodged answering repeated questions on Nasheed’s pardon at a press conference held on the ratification of a second constitutional amendment that will allow foreigners to own land in the Maldives.

“Our administration will bring about economic reforms and will show generosity and compassion to the public. And God willing, in the instance we have to issue pardons, we will do so,” he said.

At a separate press conference, foreign minister Dunya Maumoon dismissed rumors that Nasheed had been invited to the official function to celebrate 50 years of independence on July 26.

“Former president Nasheed is currently serving a sentence after being found guilty in court of law so I don’t think an invitation will be sent to attend a ceremony,” she said.

Nasheed was transferred to house arrest in late June. His trial was widely criticised by foreign governments and international bodies including the UN over lack of due process.

UK Prime Minister David Cameron, the European Union parliament and influential U.S. Senators have called for his immediate release.

The government and the main opposition Maldivian Democratic Party (MDP) are engaged in negotiations over Nasheed’s freedom, clemency for jailed politicians and withdrawal of charges against some 1400 opposition supporters including the president of Adhaalath Party Sheikh Imran Abdulla.

Ibrahim Mohamed Solih, the MDP’s parliamentary group leader, suggested last week that Nasheed may be released by July 26. His remarks came following a third meeting of talks between the MDP and the government.

However, at the same press conference, home minister Umar Naseer said the government had made no commitments to release jailed politicians, but reiterated that the government stands ready to make compromises for long-term stability.

The opposition has backed several government proposals this week in the hope of freedom for Nasheed. These include a first amendment to the constitution, which sets new age limits of 30-65 years for the presidency and vice presidency, and the impeachment of vice president Dr Mohamed Jameel Ahmed.

The age limits allowed President Yameen to replace Jameel with influential tourism minister Adeeb. Some 70 MPs of the 85-member house approved Adeeb’s nomination yesterday.

The backing of some 19 opposition MPs yesterday was crucial to pass the second constitutional amendment on foreign freeholds. The MDP had issued a free whip for the vote.

The fourth meeting of talks between the MDP and the government was scheduled for Tuesday. But it did not take place due to the extraordinary parliament session on foreign freeholds.

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Foreign freeholds will not threaten Indian Ocean security, assures President Yameen

President Abdulla Yameen has assured the public that authorising foreign ownership of land or freeholds in the Maldives will not threat Indian Ocean security or lead to “enslavement” and shortage of land.

Addressing the nation this afternoon after ratifying amendments to the constitution passed by the parliament yesterday, Yameen insisted that the unprecedented changes will not adversely affect “friendly relations” with South Asian neighbours.

“The Maldivian government has given assurances to the Indian government and our neighbouring countries as well to keep the Indian Ocean a demilitarised zone,” he said.

The Maldives’ foreign policy will not change as a result of authorising freeholds, he added. The freeholds would not pose “any danger to either the Maldivian people or our neighbouring countries.”

The amendments will allow foreigners who invest more than US$1 billion to own plots of land within the project site. At least 70 percent of the project site must also be reclaimed land.

The second amendment to the 2008 constitution was approved yesterday with 70 votes in favour and 14 against. MPs opposed to the move expressed concern over possible Chinese military expansion in the Maldives and lack of time to debate the amendments.

The main opposition Maldivian Democratic Party (MDP) said the party supports “free ownership of land and property” in principle, but expressed concern with the amendments facilitating “foreign non-commercial logistical installations in the Maldives.”

Speaking to the press after the president’s remarks, newly appointed vice president Ahmed Adeeb said: “We are not going to sell our lands to any country. We are trying to do business here. We want to bring in many corporate investments. We are not going to sell land to other countries, whether its China or Saudi Arabia. We are not gifting our land to other parties. We want to mobilize investments worth at least US$1 billion.”

Attorney General Mohamed Anil stressed that the government will conduct background checks on investors and review if proposed projects may affect geopolitics.

“No cause for concern”

Yameen said there is “no cause for Maldivian citizens to be concerned” with the amendments. Land will only be offered for large-scale economic activities, he stressed, and not “for foreigners to settle in those areas.”

The amendments include “safeguards” such as a requirement for the parliament to approve the projects, Yameen said, and investors will not be able to carry out any other work apart from the authorised project.

The state will exercise complete sovereignty over the areas, he continued, which would also be subject to the Maldivian constitution and laws.

“If the Maldivian state’s sovereign authority is not lost, temples can’t be built there, casinos can’t be built there, and illegal activities cannot be carried out,” he said.

Anil meanwhile noted that the amendments state that the total land area of all project sites must not exceed 10 percent of naturally existing land in the Maldives. The projects will also be regulated by laws passed by the People’s Majlis, he added.

Anil said freehold zones were key in the economic transformation of Dubai, Singapore, and Saudi Arabia. He also said India has a threshold of US$5 million worth of investment.

“The government is not obliged to engage with investors who come with US$1 billion. Of the proposed projects, we will check how feasible they are, what the biggest investments are. And we will also check who the parties are, what their backgrounds are, for Maldives’ security and protection, if this will affect geopolitics,” he said.

“Economic transformation”

Yameen said the amendments will “speed up the pace” of realising the current administration’s goal of “transforming the economy,” which could not be achieved by continuing with “business as usual.”

The US$1 billion will not be spent entirely on land reclamation, Yameen said, but on infrastructure development such as new “townships,” airports, marinas, and seaports.

Adeeb meanwhile told the press that the amendments were in line with the ruling Progressive Party of Maldives’ (PPM) economic agenda. It accompanies the government’s flagship special economic zones (SEZ) legislation and the introduction of corporate residence visas.

Responding to allegations that the SEZ legislation had failed, Adeeb said the government has received several SEZ proposals from potential investors, but the government could not accept some as some investors made demands such as complete exclusivity for 25 years.

The government is negotiating “the best deal” for the country and seeking “win-win situations”, Adeeb said, reiterating that one ‘mega project’ could transform the economy.

The government will not allow illegal activities such as weapons smuggling, money laundering, or gambling, he said.

“We do not want to bring in companies with bad reputations to launder money. We are talking about Fortune 500 companies,” he said.

Land reclamation

Yameen meanwhile sought to allay fears of “running out of land for future generations.”

The government is not planning on offering all the islands and lagoons in the Maldives for sale, he said, adding that the government will only authorise “one or two projects” that would create jobs for youth and increase national wealth.

The Maldives has the capacity to significantly increase its territory by reclaiming land in large shallow lagoons, he said, and the cabinet’s economic council has approved funds for the state-owned Maldives Transport and Contracting Company (MTCC) to procure a cutter dredger.

Yameen said 24 million square meters of land could be reclaimed from the lagoon of Laamu Maavah for about US$200 million, 45 million square meters could be reclaimed from the Vaavu Bodumohora lagoon for about US$160 million, and 16 million square meters could be reclaimed from the Thaa Hirilandhoo lagoon for US$50 million.

Once the MTCC dredger arrives next years, Yameen said the government will have the capacity and the financial means to carry out the projects.

There is no danger of running out of land in the next 50 or 100 years, he said.

Population consolidation is also a policy of the current administration, Yameen continued, urging youth from small islands to migrate to the capital.

Once phase two of the Hulhumalé development is complete and the government authorises high-rise buildings to 20 or 25 floors, Yameen said up to 70 percent of Maldivian population could be settled in the Malé region.

Yameen said the constitutional amendments were proposed following long deliberation, research, and consultation with foreign parties and legal experts.

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Gayoom’s call for referendum on foreign freeholds dismissed

Dismissing former president Maumoon Abdul Gayoom’s call for a public referendum on foreign freeholds in the Maldives, vice president Ahmed Adeeb said today: “The former president has raised his personal concerns. But the president of Maldives today is President Abdulla Yameen.”

Gayoom, the leader of the ruling Progressive Party of the Maldives (PPM) and half brother to President Yameen, urged the president to seek public opinion on ratifying the constitutional amendment.

In a letter sent to President Yameen and shared with the media, Gayoom said previous governments had refrained from selling parts of Maldivian territory to prevent influence over the country’s independence, sovereignty, and resources.

This is the first time Gayoom has publicly opposed Yameen.

Addressing Gayoom’s concerns, newly appointed vice president Adeeb said: “How can we govern if we are to call referendums on every issue? We’ve only been in government for two years. We also have aims, hopes, and responsibilities. President Yameen has to be accountable and fulfill his pledges. Not everyone will agree on every step he takes for economic reform.”

People are resistant to change, but approving foreign freeholds is a change that must happen, Adeeb said at a press conference today. The decision had been difficult for President Yameen, he added.

President Yameen ratified the amendments today.

Meanwhile, the president’s office yesterday said President Yameen will not respond to any letters shared with the media before the president responds to the letter.

The unprecedented provisions will allow foreigners who invest more than US$1billion to purchase land. At least 70 percent of the project site must be reclaimed.

The constitution previously prohibited foreign ownership of any part of Maldivian territory, but allowed leasing of land for up to 99 years.

The amendments were approved within a day after they were submitted to the People’s Majlis. Parliamentary standing orders were changed beforehand to fast-track the process of passing a bill into law.

Some 70 MPs of the 85-member house voted in favor. Gayoom’s son, MP Ahmed Faris Maumoon, had voted for the amendment as well as Adeeb’s appointment as the new vice president yesterday.

Rumors had spread this week that Gayoom opposed Adeeb’s appointment. However, the PPM leader has repeatedly denied favouring a particular candidate, stating that the appointment of a deputy is the sole prerogative of the president.

Attorney General Mohamed Anil meanwhile said the president is not obliged to hold a referendum on foreign freeholds. Article 262 (b) of the constitution states the president is obliged to call referendums on changing provisions in the bill of rights or the presidential and parliamentary terms.

Ten MPs of the main opposition Maldivian Democratic Party (MDP) and nine MPs of the Jumhooree Party (JP) also voted in favour of the unprecedented changes.

MPs opposed to the move expressed concern over possible Chinese military expansion in the Maldives, and the lack of time to review the amendments.

Dismissing concerns over the establishment of military bases, Adeeb said today: “We are not going to sell our lands to any country. We are trying to do business here. We want to bring in many corporate investments. We are not going to sell land to other countries, whether its China or Saudi Arabia. We are not gifting our land to other parties. We want to mobilize investments worth at least US$1billion.”

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STO cautions against panic buying as hundreds queue for petrol

The state wholesaler State Trading Organization (STO) has cautioned against panic-buying of fuel as hundreds continue queuing up at petrol stations for a third day.

“There is absolutely no shortage. We are operating out petrol stations at normal hours, but only rationing petrol because some people are buying petrol in bulk,” an STO media official told Minivan News.

Malé’s waterfront is congested with cars, trucks and motor cycles on Boduthakurufaanu Magu where the two main fuel stations are located.

Many people in the queues said they had heard STO is running out of petrol. Today’s queues are shorter than Wednesday’s.

STO’s petrol stations – managed by subsidiary company Fuel Services Maldives – on Wednesday started rationing fuel, only providing each vehicle with five liters of petrol.

“Why else would they ration the petrol? Look at the big queue here. People would not panic so much unless there is a problem. Of course there is shortage,” said Shathir Ahmed, 21 years.

Some people said they had waited in queues for between an hour to two hours on Wednesday. The waiting time was approximately 20-30 minutes today.

STO said panic buying had been triggered by media reports of shortages.

“We appeal to the public to confirm with us if there is a shortage before stocking up,” the media official said.

Online newspaper CNM reported today that STO is suffering from a shortage because the petrol delivery ship was delayed due to bad weather, and is due to arrive on July 27.

However, several people at the queues continue to carry large bottles and tanks to stock up.

“I am collecting as much petrol as I can. I have already gone to the other two station and gotten 10 liters of petrol. If we run out, it would make life very difficult,” said a middle-aged man, back at the queues to get his 15th liter.

Additional reporting and writing by Zaheena Rasheed

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Nine hour power cut in Malé caused by damaged switch gear

The State Electricity Company (STELCO) has said that a power outage in the Galolhu ward of Malé around 1:00am last night was caused by a damaged switch gear at a distribution centre in Lily Magu.

The power cut lasted more than nine hours and followed STELCO warning of intermittent cuts in the capital after one of two main 8MW generators at the power plant suffered damage.

STELCO spokesperson Ibrahim Rauf told Minivan News that electricity services resumed around 11:00am this morning after the switch gear was replaced.

Contrary to rumours, Rauf said last night’s outage was not the result of an overload caused by LED lights placed at government buildings to mark the upcoming 50th anniversary of independence.

Rauf suggested that the damage could have been caused by heavy rainfall last night, but said that the exact cause has not been determined.

The damage to one of the main engines earlier this month was caused by “technical problems” and will take time to repair, Rauf said. The generator’s parts will have to be brought from overseas and replaced, he added.

STELCO is yet to determine the cause of the generator failure.

The government-owned electricity provider in the atolls, Fenaka Corporation, is meanwhile transporting two 2MW engines to Malé from Addu City for temporary use during the independence day celebrations.

Rauf said one of the generators was shipped out last night and STELCO “will see when it arrives” whether it could be installed ahead of Independence Day. But he expressed confidence that STELCO will be able to handle the high demand for electricity on July 26 without power cuts.

Meanwhile, in a Facebook post on Sunday, Addu City Mayor Abdulla Sodiq said electricity services provided by the central power station was disrupted last week while power outages have been common in recent weeks.

The transfer of the generator to Malé is regrettable, he said, calling on the government not to “deprive citizens of such basis services.”

The government’s policy of ensuring reliable, round-the-clock electricity across the country has “failed,” Sodiq contended.

“The question is if Addu faces an electricity problem tomorrow, will an engine be brought from Greater Malé?” he asked.

Rauf meanwhile told Minivan News last week that the LED lights strung for independence day celebrations will use around 2.5 MW of electricity from the STELCO grid.

“We are very concerned and saddened because the lights may also suffer due to the power cuts,” he said.

Malé uses 46MW of electricity on average, but the amount could go up to 52MW at peak hours or on dry and humid days.

“The demand for electricity depends a lot on the weather. If we have wet cold weather then people would not use air-conditioners and electricity demand will be reduced,” he said.

It has been raining heavily in Malé this week, but July 26 is expected to be dry, according to weather forecasts.

Power cuts will last only one hour at high demand periods, and will be spread out in different areas of Malé, Rauf said.

Maldives is celebrating 50 years of independence from the British on July 26.

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Jailed ex-defense minister brought to Malé for medical treatment

Imprisoned former defence minister Mohamed Nazim was brought to the Indira Gandhi Memorial Hospital (IGMH) in Malé for a doctor’s appointment this morning.

Rumors swirled in Malé that the retired colonel’s 11 year jail-term may be commuted to house arrest, as part of ongoing negotiations between the opposition and the government.

However, Nazim’s brother Adam Azim told Minivan News that Nazim was taken back to the low-security ‘Asseyri’ jail in Himmafaushi after his consultation at 10:30 with an eye doctor.

Azim said his brother had numerous rashes and damaged skins as his cell was infested with mosquitos.

The family had submitted complaint forms to the Maldives Correctional Services (MCS), Azim said, and the jail has since been fogged.

Nazim was found guilty of weapons smuggling and sentenced to 11 years in prison in March. The former defence minister maintains he was framed by rogue police officers who planted a pistol and three bullets in his apartment during a midnight raid.

MCS media official Moosa Rameez told Minivan News that complaints submitted on behalf of inmates will only be sent to the head office if it was “a concerning issue.”

Earlier this month, Nazim’s family requested his transfer from jail to house arrest. Nazim had also appealed the 11-year sentence at the High Court, but the appeal was was stalled after the Supreme Court suddenly transferred two judges on the five-judge-panel to a newly created appellate branch in the south.

Nazim’s trial at the criminal court was widely criticised over apparent lack of due process and coincided with the terrorism trial of ex-president Mohamed Nasheed. The opposition leader was sentenced to 13 years in jail over the military detention of a judge during his tenure.

The pair’s imprisonment sparked a six-month long political crisis with daily protests.

With mounting diplomatic pressure, Nasheed was transferred to house arrest in late June. The main opposition Maldivian Democratic Party (MDP) has since been engaged in talks with the government and has expressed hope that jailed politicians could be released ahead of July 26 when the Maldives marks 50 years of independence.

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