Republished with permission from the report by Aishath Velezinee titled ‘Democracy Derailed: The unconstitutional annulment of Article 285; and its’ consequences for democratic government in the Maldives.’ Full version, with footnotes, can be downloaded here (English).
The Maldives is a long-time constitutional autocracy used to a President with all the powers of the State.
The President – signified in persona by former President Maumoon Abdul Gayoom who held the title the past 30 years – was a President who could, and often would, allot land for service, provide medical assistance and scholarship to the worthy, and could hand out jobs with titles and benefits to fit the social status of those hand-picked.
The President also policed the streets, undertook investigations, administered justice, interpreted law, set standards of “jurisprudence”, and held the final word and verdict as the last resort of appeal, the Supreme Justice, where the Courts failed.
Those who fell afoul of the regime were restrained for public order, and those who gained favour were blessed by the good government of the day. The stress was on homogeneity, a people of one language, one religion, one ideology, one voice and one mind.
The peaceful transition to separation of powers and constitutional democracy on August 07, 2008, then, is already situated in this socio-cultural and political context.
On the dawn of August 08, 2008, little of the political realities of a 30-year regime changed. With no interim caretaker arrangement, President Gayoom continued in office until elections; even then choosing to contest, running for his 7th five-year term, with the interim Supreme Court decision that the two-term limit on presidents did not apply to President Gayoom for he is a first time contender under the “new” Constitution.
The manifest change then, to the lay observer, as well as media and the public, is the change of a President in three decades, when President Mohamed Nasheed won the 2008 elections and took office on 11 November 2008.
Today, neither the media and general public, nor the politicians, appear to quite understand that all powers are not vested in the President once a State adopts separation of powers.
The role of the Parliament in government, the role of the Judiciary to promote democracy and ensure good government, the role of the Civil Service to be loyal to the government of the day and implement policy, the differential roles of independent bodies and their positions as powerful and trusted accountability agencies to hold together the constitutional democracy is overshadowed by politics.
The Judicial Services Commission
Ignored by the media and citizen as outside the main political arena, is the Judicial Service Commission (JSC); with the constitutional mandate to establish an independent judiciary in the first two-years of the Constitution, to protect independence of judges, and to promote public confidence in the judicial system.
An offspring of the former Ministry of Justice, the JSC was set up by MP Ahmed Zahir, a former Minister of Justice, and the first Chairperson of the JSC.
Staff of the abolished Ministry of Justice took the lead positions, bringing in their personal connections to judges developed over years of daily dealings when the Ministers of Justice provided administrative support, legal advice, as well as guidance on verdicts in some cases before the Courts.
Thus, self-interpreted as the Guardian of the Judiciary with a duty to protect the judges, the JSC rejects Rule of Law, Accountability and Transparency as “threats to judicial independence”.
JSC’s approach is to defend judges, deny complaints, interrogate complainants, ensure financial security and other benefits to judges, and to provide bodyguards and protection of the police to judges when public discontent against a judge becomes serious; leading to impunity amongst judges, not all, but the few whose names come up serially.
Few amongst the general public, or media, understand the critical position of the Judicial Service Commission in institutionalising democratic government, or its constitutional powers, duties and obligations; or its unique role in its first term of office.
Those who do understand either confuse the public more with their “polititalk” or remain silent, for they have far more to lose than gain of an Independent Judiciary.
The Parliament majority being those who administered the judges, and the justice system of yesterday, have shown no interest in checking JSC.
Worse still, is that the judges themselves are miseducated into the notion that independence of judges equals non-interference by the President. With this, the “leaders” of the judiciary adopted for themselves the role of the former Minister of Justice; and the Judges Association became a tool, used strategically, to confuse the public, and judges themselves.
The Interim Supreme Court took on “parental responsibilities”, miseducating of judges, putting out self-interested rulings, amending laws to reorganize the judiciary, and strengthening their hold on the judiciary as a whole, by usurping powers and taking control, of the JSC, denying an independent check on the judiciary.
Insulated behind closed doors, inadmissible to anyone but those ten members privileged under Article 158 of the Constitution, the JSC does what it wills, without check or penalty.
JSC’s resistance to change, denial of democracy, and breach of trust – the irresponsibility, irrationality, and self-interest of its members, and their refusal to uphold Constitutional duties and obligations – and, downright treachery in dismissing Article 285 as ‘symbolic’ is the greatest challenge to the Constitution (2008), Rule of Law and democratic government in the Maldives.
Why Article 285?
Article 285, is, in my informed opinion based on privileged access to restricted records on the judges database as well as records on their official files, and discussions with those few judges I have had the honour to meet, the backbone of
democratic government in the Maldives.
The drafters of the Constitution, many of whom now sit in Parliament (Majlis) including Speaker Abdulla Shahid and MP
Dr Afraasheem Ali – who are also ex-officio members of the JSC – shared the same vision, at least at the time of Constitution drafting.
It is a pragmatic clause, a necessity when one considers the Judiciary is often the weakest link in “new democracies” (UN, 2000); and an obligation when one considers the realities of the Maldives’ Administration of Justice under the
previous Constitution (1998); and the vast difference it had to the Independent Judiciary the Constitution (2008) envision to achieve in fifteen years, by 2023.
The judges appointed prior to 7 August 2008, were appointed by the Minister of Justice, some hand-picked on to the bench as pay-off for their various political contributions or some other service.
They all have a Certificate in Justice Studies (or similar title, of a duration of six months to two years), awarded on completion of a tailor-made crash course offered upon the adoption of the Constitution (1998).
Not all sitting judges have a formal education of any substance, nor are they fluent in a second language, and little opportunity for knowledge improvement or professional development was provided.
It was not necessary as all decisions could be guided by the legal teams at the Ministry of Justice. Only about 40 among about 200 sitting judges are graduates.
Of the 40 graduates not all hold an LLB – some have degrees in Sharia’ or in another subject, acquired from an Arab university.
The “ruling” of current Chair Adam Mohamed Abdulla being that all Arab Universities include Sharia’ as a mandatory subject in all programmes qualifying all graduates from Egypt, Yemen and Saudi Arabia to the bench.
Competency of a judge was decided based simply upon a judges’ physical health, ie. his ability to come into Court.
As for impunity and misconduct, records show judges have rarely received more than an administrative caution by the Minister of Justice for such serious crimes as breach of trust and abuse of power and negligence, as well as serious sexual offences, possession of pornography etc.
Most of the complaints lodged with the Ministry of Justice by members of the Public remain unattendedxiii in the judges’ personal files and include not only misconduct, but serious allegations of a criminal nature such as repeated sexual offences against minors.
The public has tales of islands where few women dare go to claim child support for fear of Magistrates who expect sexual favours in return, of islands where Magistrates dictate personal edict in place of law etc.
Whilst none of these public complaints were addressed, what was taken seriously, records show, was disobedience in refusals to follow orders of the Ministry of Justice. As long as the directives of the Minister of Justice were followed the judges had absolute powers to act with impunity if they so deemed. Some often did so.
A few had returned to the bench after serving criminal sentences, and some had continued on the bench with no penalty despite having been found guilty of dishonesty.
Article 285 placed upon JSC the duty and obligation to assess every sitting judge appointed prior the Constitution (2008) coming into force, to confirm whether or not they possess all the qualifications of a judge as required under Article 285.
The purpose, from a rights-based approach, is two-fold: first, to assure the public that all judges are qualified and worthy of their high office on the bench, and are thus capable of building and maintaining public confidence and trust in the judiciary; and second, to provide judges with the necessary knowledge, capacity and most important of all, confidence to work in independence.
The sitting judges recruited for the Administration of Justice, having had no orientation on the newly introduced doctrine of governance, Article 285 was a personal affront as evident from three statements issued by the Judges Association.
That Article 285 is an obligation to the people, and not an offence to judges, who after all were quite qualified to preside over trials where the Ministry of Justice [or later the Courts in Male’ could guide and direct cases, and provide support to judges, was never explained.
Instead, it became a tool for the self-acclaimed leaders of the judiciary to be used in fear-mongering and controlling the
judiciary.
Power Play and Politics
Interim Supreme Court Justice Abdulla Saeed who, as head of the Interim Supreme Court, declared himself the Chief Justice and the interim bench as the Supreme Court in the days running up to the end of the two-year interim term, did not see it as his duty to correct the judges’ misconception, but rather was actively engaged in miseducating judges, creating strife, and causing discord between the administration of President Nasheed and the Judiciary.
In the name of developing judges for the new Constitution and upgrading them to meet the educational standards required, Justice Abdulla Saeed brought to Male’ batches of Magistrates from the islands, using them as tools, and breaching the innocent trust they placed in Justice Abdulla Saeed as the Godfather of the Judiciary.
Dr Afraasheem Ali (MP) who chaired the JSC Committee to develop an on-the-job training plan for those judges who meet all other requirements, decided to have the Magistrates trained by his old school, the College of Islamic Studies, even going so far as to train the Magistrates himself, personally, as a part-time lecturer.
Once JSC set to work on deciding indicators for assessment, it became clear this was one for discord. On one side was Justice Abdul Ghani Mohamed of the High Court with a graduate degree in Sharia’ and Law, who wished to uphold the vision of the Constitution to have a high quality judiciary established in 15 years as provided by Article 285.
In opposition were Justice Mujuthaaz Fahmy of the Interim Supreme Court and Judge Abdulla Didi of the Criminal Court.
Justice Mujuthaaz Fahmy intently argued that lack of education could be not be considered an impediment, and nor should misconduct before 2000 be taken into account.
Quite a logical reading when one considers Justice Mujuthaaz held a six-month tailor-made Certificate of Sentencing, and had on record a conviction by the Anti-Corruption Board for embezzling State funds – a minor matter of pocketing Rf900 for overtime in 1998.
Judge Abdulla Didi rarely joins in discussion, unless it is the matter of Criminal Court “Chief Judge” Abdulla Mohamed’s
misconduct, a matter that has been under investigation for a whole year now, costing the State over Rf100,000 to date in fees for Committee sittings.
Justice Mujuthaaz Fahmy sulked, willfully dragging the matter until the balance was in his favour, with the High Court “mutiny” of 21 January 2010 where three Justices colluded to publicly accuse High Court Chief Justice Abdul Ghani Mohamed of misconduct and remove him from the JSC by a Resolution.
Justice Mujuthaaz Fahmy as Vice Chair took the helm replacing the outgoing Justice Abdul Ghani Mohamed, and all turned into mayhem at JSC as, what I have reason to believe is a high-level conspiracy, was carried out aggressively by the majority; six of the ten members whose personal and political interest it was to retain the former Administration of Justice.
The matter of Article 285 remained pending till the arrival of Justice Adam Mohamed Abdulla on 18 February 2010, when a new task-force of four judges (two from the Commission, and two hand-picked from outside by Justice Mujuthaaz Fahmy) set to work under the efficient direction of the Interim Civil Service Commission Chair, Dr Mohamed Latheef.
In perhaps the most methodical effort in JSC so far, Dr Latheef had the indicators/standards decided in
three days, working an hour and a half each day. The only consideration, it appeared, was to make sure no sitting judge fell outside the standards.
Once “decided”, there was no room for debate at the Commission. MP Dr Afraasheem Ali, with falsely assumed “authority” declared, speaking in his capacity as MP, that Article 285 was ‘symbolic’.
Speaker Abdulla Shahid remained silent, choosing to evade the question even when asked pointedly to explain to JSC
members the purpose and object of Article 285.
When Justice Mujuthaaz Fahmy took over, all the work done during Justice Abdul Ghani’s time disappeared off the record, including submissions I myself had made in writing.
None of it was tabled or shared amongst the members. The “majority”, all of whom stood to gain from a wholesome transfer rather than a transformation of the Judiciary in line with the Constitutional Democracy decided, by mob rule, that all judges would be reconfirmed – for reasons that certainly are not in the best interest of the people, nation, or constitution.
Unfettered by concerns raised by President Mohamed Nasheed, Chair of the Constitution Drafting Committee former MP Ibrahim Ismail, or the public; and with the tacit blessings of the Parliament majority, JSC held the judges under lock and key to ensure, the all judges were re-appointed for life.
That is an estimated 30 to 40 years when one considers the average age of judges and the retirement age of
70. No judge may be removed unless JSC recommends, and the Parliament votes a judge out.
JSC being a Members Only club, electronically locked within the Department of Judicial Administration premises, and under the parental guidance of the Supreme Court, no one, not a single journalist, judge or member of the public, is privy to the details of what went on at JSC.
The records of meetings are not available for public scrutiny, nor are they shared with the media or members of the judiciary. Even members are prevented from accessing audio records of sittings, the written minutes being edited by the Chair where he sees fit.
The fact is that the majority was achieved through pay-offs and “mob rule” rather than rule of law; and upheld self interest rather than national or public interest.
To benefit are:
(i) members of the previous regime holding majority in parliament, some of whom stand accused of serious crimes;
(ii) former Ministers of Justice and former Attorney Generals who appear before the Court as legal counsel for the MPs and other politicians accused of serious crimes;
(iii) the serious criminals who allegedly operate under the protection of certain members of the previous regime, by the assurance that the same cover-ups and abuse of justice would continue; and
(iv) “Chief Judge” Abdulla Mohamed of the Criminal Court who is set to sit comfortably in the Criminal Court for life, ie. approximately 30 years until retirement at age 70.
The fact is that fully aware of the public discontent, and the fact that at least two of the 10 members of the JSC had expressed concern and publicly criticised JSC’s actions on Article 285 as unconstitutional and downright treacherous; 59 judges, including 11 judges who do not fall under the jurisdiction of Article 285, sat docilely at the orders of the JSC Chair, and took oath under lock and key.
Supervising the lifetime appointments was interim Supreme Court Justice who had earlier initiated a Ruling declaring himself the Chief Justice.
What went on in the minds of those taking oath, they would know? What fear led them to submit to such degradation, they would know?
To my mind, and to many others who witnessed the scene, it was ample proof there is neither independent judge nor independent judiciary.
Independence begins with an independent mind, and the freedom and power to think for oneself.
In my mind, more questions remain:
Where goes the common individual right to a free and fair trial?
Where goes building public confidence and trust in the judiciary?
Where goes the judges’ right to independence and non-interference?
Where goes the independent judiciary, the backbone of democracy?
Aishath Velezinee is a member of the Judicial Service Commission of the Maldives (JSC). She holds a Diploma in Journalism (IIMC, India; 1988), BA in Government; and in Women’s Studies (University of Queensland, Australia; 2000) and a Masters’ in Development Studies (Institute for Social Studies, Netherlands; 2004).
http://www.velezinee.aishath.com/content/why
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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It has derailed because of arrogance, and people like you, has no respect for others.
wow what a long essay.
the most important bits go comment less. shows how litte we understand freedom, liberty, responsibility, equity & democracy
Well, we can't expect real change; the whole judiciary is still the same as it was under Gayyoom's autocracy.
These guys are used to the old ways and there's a lot at stake to keep the old ways. Bribery and corruption is rife underneath all this.
Only a complete overhaul of the system with new blood is going to change this. That will take a generation!
Boring! boring! boring! yawn! yawn! this is not news!
very true, Ekaloa. Velezine just became an expert on everything all of a sudden. disgusting!
Valuziney and the party should learn politics .... You guys are too new and making too many empty promises.
Very well written.
Thanks Velezinee for the courage and your untiring effort in exposing the ills in the judiciary. Hope you will continue without bowing down to the forces who are hoping to silence you and remove you from public face.
only if i had time to read the whole thing! 😀
How very sad or us that we have people like Ekaloa et al. It is witless imbeciles like you who are to blame for the slippery slope this democracy is on right now.
It is people like you, in fact, who represent the biggest failure of the democratic system itself – democracy, after all, is the rule of the people, and as long as we have you and your like, we will never have a functioning democracy.
Our judiciary has been hijacked. Does it mean anything to you? Bore you, does it? It’s too long to read, is it? Do you understand that without an independent judiciary there is no democracy??
Have you, in fact, come here to celebrate the fact that we are being denied the justice we want? Is that what you want? Or are you just looking for any forum where you can display your boundless ignorance? If so, you have ably demonstrated that to everyone with every petty, vengeful, childish, vindictive, bully-boy comment that you continue to make here.
Now is the time to gracefully retire. Go find someone of your own mental age to talk to – although I would pity any three-year-old who would have to put up with your company.
Can you read? I suggest you start with Democracy for Dummies. Come back and read Velezinee again, perhaps you might begin to comprehend that democracy does not begin and end with the right to be stupid.
Velezinee, I applaud you. Without courageous people like you, all of this corruption in our judiciary would go unheard and remain hidden behind closed doors. Keep up the good work! It's incredible how little people comment on this information.
@Ekaloa
A very bold and well thought out statement. On behalf of everyone, thank you for this invaluable and intellectual addition to the debate surrounding the corruption inside our judiciary which is keeping our country at a standstill. Here we go again, attacking the whistleblower, maybe we should arrest Velezinee for speaking up against the corruption and let the judges continue with the bribery? Have you actually read the facts in her article or was it too complicated for you to understand? In support of this excellent remark and for the benefit of others, maybe you can highlight some of the reasons why courageous people like Velezinee in particular have derailed our democracy. Please don't take too long now you hear. Minivan readers and the country awaits your feedback with eager anticipation.
@Ahmed Bin Addu Bin Suvadheeb
I agree. It may take a generation but only if we act now and these pseudo-judges are investigated. Obviously any investigation would be void if carried out by a body within the country as the JSC itself evidently controls the judiciary and is rife with corruption itself.
@Saleem
I suppose you're right, it's not news. Only the single most important thing blocking any progress of democracy in this country. But hey, I guess you got a really good and valid point there. Maybe you can provide a follow up to @Ekaloa's reasons (if we ever get them of course) on what is actual news these days. Maybe, the change of seasons or the latest burkini fashion trend?
@thoha yaseen
I don't think Velezinee is claiming to be an expert in everything. I think what she is trying to do is inform the public of the truth, and yes that includes you, that our judiciary is full of corruption and will stay that way as long as these people control it and that people do not seem to understand the concept of separation of powers ie the country is ran by the president, the judiciary and the majlis. Sorry, I'm confused. I don't really understand you. Velezinee is disgusting because she suddenly knows everything? Is that what you're saying? And what does her being courageous, standing up to these corrupt people and simply stating the truth, the facts of the goings on behind closed doors, have to do with her knowing everything? Please explain, again for the benefit of everyone.
@Shahid
Sorry I think her name is in fact Velezinee, but you can correct me if I've misunderstood that. Oh no wait, it's actually spelt that way in the article, I think you're definitely wrong. Also, are you saying that she is in a party? I read that she was independent and not aligned with any political party? I think you may be mistaken here, please check your facts. And, what does "too new" mean? Can you explain this phrase, is this a new phrase? I've never heard that before. And the new party are making empty promises. Hmmm, good point. And why exactly do you think that is? Let me give you a hint - read the article again!
Can You Kindly Name Perfect democratic Country ?
@Saleem, can't you see "Comment and Opinion" up there? Of course, this is not news you idiot!
for ekaloa and saleem: http://pbskids.org/
this website has nice games and activities that will help you build your brain.
if you think the above website is a clever Jewish plot to destroy Islamic civilization, there is the less developed http://www.islamicplayground.com/
Democracy being derailed is not my main worry, my main worry is how the idea of democracy is derailing this country.
We are a country of too fewer people with quality education and relevant experience to be involved in any part of the government. Our circus like parliament is proof enough! imagine the state of affairs once the local councils are created. for the love of god, film star Asad and body builder Mr.Maldives Afrah is also contesting for it!!
i think in a small population as such in maldives, with a handful of educated and qualified individuals, its far better to let them take the lead. but now even that is not faciliatated because those who can do the job may not be a member of the ruling party.
The fact that maumoon as a person took advantages does not make his system of government less effective.
it is by far a more effective system fit to rule the maldives than any other.
Anni will go down in history as the guy who tried to bring text book reform and failed to understand reality of the situation.
Veliziney is a disgrace to our country. Because of people like you many are going away from democracy and supporting elements of the previous government.
Such a one sided piece!
Very one-sided indeed. There is more to this, and I hope someone does bring those
other issues out into the open.
Democracy derailed? What a load of crap!
Maldives has ONLY just begun the "process" of establishing democracy in the country. The country is a "new born baby" as far as democracy is concerned. Writing a new Constitution with separation of powers (including an independent judiciary) and creating various Independent Commissions doesn't automatically "establish" democracy in the country. Over throwing the Former Dictator Maumoon and electing President Nasheed under a New Constitution is just a beginning.
It takes years and years for institutions to mature and a democratic culture to flourish in a nation.It will be an even bigger challenge in a muslim country like ours where fundamentalism is spreading several times faster than democratic values!
Virtues of Rule of Law and democratic values need to be embraced by the people for democracy to succeed. We need to educate our youth on these principles and create greater awareness amongst the general public. Most of all we as a people, as muslims, as a progressive nation have to learn to reconcile our Islamic faith with democratic principles if we are to succeed as a liberal muslim country (as I dream!)
It is true that we have several corrupt judges in our courts. But then corruption exists in every branch of the State - Judiciary, Government and Majlis. Corruption has become a way of life in the private sector too. The main reason for the epidemic spread of drugs in this country is due to corruption in various branches of government. Major drug barons of the country are believed to be high profile businessmen who are so well connected with Drug Law Enforcement Officials that they operate with no fear at all and are completely untouchable. Do you seriously believe that in this small country, especially Male' where there is a surveillance camera at every corner and where the "authorities" are monitoring mobile phone conversations of anyone they want (including Majlis members) that the law Enforcement Authorities do not know those involved in drug traffic?
Coming back to democracy and the problems within the judiciary, it is an established fact that the Judicial Services Commission has failed. This means that ALL the members of this Commission have failed! Aishath Valezinee has been a destructive force within the Commission and failed to serve the President in a meaningful way. She failed to contribute in a meaningful way to the commission. She failed to recognize that she is but just one member of the Commission even if appointed by the President. Her job was to work with the rest of the members to bring about reform rather than act like an elephant in a China shop!
From the beginning it was obvious that her attitude of trying to dictate to other members of the Commission was doomed to fail!
that is due to the deranged and derailed women of the country..
Wonder why Minivan is not convering Israeli visit to Maldives? Cant choose sides because on the one hand your against Muslims. But on the other hand you can't openly support Israel since even by International Law they are an apartheid state, just like the former South Africa. So guess staying neutral and quiet like Haveeru is the best option and strategy.
For the sake of democracy, people like you should stay out of business. You don't deserve the post. What do you know about judiciary? It's not your area.More respectable people should represent there.Hope President would think of your replacement soon, for the sake of smooth running of judiciary as an independent body.
Some of you people really need to open your eyes to reality. Are you living in a cocoon?
@yupe
"Veliziney"? Very smart for a kid. I presume you are a kid right? Sounds like you have the mentality of one anyway. With crap like that, you should stick to open online forums where you understand the content. In fact, shouldn't you be at school right now tsk tsk. Please prove me wrong by providing us with the necessary evidence to backup your argument. Just how is Velezinee (by the way that's how you spell it you should learn it as part of your homework saying as you haven't been at school today :-)) and people like her making people go away from democracy? Should she hide all this corruption from the people, keep her mouth shut like most of this country. Is that a better solution? No I don't think so. Maybe, you should actually read the article and actually try to understand what she is saying, it may be difficult I know all those big words, but you should really really try. I think what she has done is inspirational and people could learn a thing or two if they actually listened to her instead of targeting her character.
@Ahmed Hali and @Jane
One sided? How so? Velezinee is independent of any party isn't she? Can someone correct me if I'm wrong here please because a lot of people seem to think she is aligned with a party. I was not aware of this. Can you please explain your insightful comment as to why you think the "facts" that she has provided are one sided? For the benefit of everyone, please do share.
@Jane
If there is some other hidden agenda as you say, then why isn't that someone you who brings it out in the open. Why do you need someone else to do it for you. We're waiting...
@Ilyas Ahmed
Please answer me this, why do you feel Velezinee has been a destructive force within the JSC? This is what I just don't get. She is single handedly standing up to the most powerful people controlling the whole country and people are saying that she is destructive? She is highly qualified to do her job and would be an asset to much bigger countries than this. She is working for the people, independently of any political party (please correct me if I'm wrong here of course) and she is slated for this? Huh? You're kidding right. Can I ask, you being so critical of Velezinee's role in the JSC and her duty to her country, can you suggest how else she could have stood up to these powerful and corrupt judges? Maybe you would be better qualified to do her job right? What qualifications and experience do you possess which gives you the right to judge her character like this? How can she work with some of these people on the commission? They are corrupt to the core and are not doing the job that they were set out to do. Check out these links on her website: http://www.velezinee.aishath.com/content/supreme-court-justice-adam-mohamed-deserts-jsc-chair-avoid-adopting-house-rules
http://www.velezinee.aishath.com/content/democratic-governance-judicial-service-commission-appointed-26-july-2009
Doesn't sound to me like she's the one in the wrong. I suppose she should ignore all this foul play, brush in under the carpet like in the past? Gayoom's regime is over last time I checked, time to move on and support the great work of Velezinee and people like her, wouldn't you agree? Why do you feel she is dictating to the commission. Sounds like she is standing up to their bullying and trying to reform the commission to me. She's only one woman. They are several, corrupt, powerful members of the judiciary.
@Muad MZ
You and Yupe really should be back in school by now.
@Maree
Lol. Another member of the "Shoot the Whistleblower" gang. These people tsk tsk tsk! More respectable people like who exactly? Maybe another corrupt judge should take her place? Is that your solution? Please give us some names who you think should replace this independent, inspirational, intellectual, highly experienced and qualified woman?
@Ekaloa, @Saleem, @thoha yaseen and @Shahid
What's the matter? Cat got your tongue?
Written diarrhea indeed..the stink is just unbearable......The one and only person who has to take responsibility for the failure of the judicial commission is you...a lot of MDP supporters are getting disillusioned because of people like you and reeko moosa..we need more people with common sense and you definitely not one of them.
@ confused...your name says it all..your are utterly confused and blind as a bat..i suggest you sit in a quite room and try to think it out..well maybe you just don't have enough neurons upthere....
The best way to know your enemy is by becoming their friend. Shouting and screaming at them isn't going to get you very far.
I hope all parties learn this valuable lesson; we might stand a chance of living up to the promise of "democracy".
I had some respect for Madam Velezinee until one night I heard her speaking at a function about human rights in Maldives. She was referring to so many international conventions including the UDHR.
What I grasped with horror, if I remember correctly was that she was calling upon someone to implement the UDHR in Maldives fully without any exemption or reservations?
Last time I checked I had 20/20 hearing!
After that I slowly started to think of her as someone else with a 'driving force'.
May be she could correct me if I am wrong.
May be it was just my imagination.
I would love to hear her views about these Articles in the UDHR, especially the last word of the second clause in Article 16 and the whole of Article 18?
QUOTE
Article 16.
* (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
* (2) Marriage shall be entered into only with the free and full consent of the intending SPOUSES.
* (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 18.
* Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
UNQUOTE
Ehem!
About this derailing accident, I find that she is looking at a different track!
She must have waited at the junction ahead to change the course of our Maldives train and just as it approached with chitty! chitty! bang! bang! lugged at the handle with an incredible grunt in the hope of changing the course of the train to the track she and her 'driving force' had reserved for us!
If minor offences of the judges committed during the previous Constitution, can be brought under the spotlight to decide on a verdict on the fate of their career, and if Anni's first interview after election in which he said we are not on a 'witch hunt', then I think even Anni had a 'minor' offence for which a 'haddh' is prescribed under Islamic Sharia law, a precursor for a nice 'witch hunt' which would invalidate his candidacy right from the start?
I think I remember a deal between MDP and DRP on this subject way back in 2008?
Or maybe my memory is eaten by maggots?
If she wants to go and swim in the overtime records of some members of the Judicial Services Commission - then I think many people would also love to go and snorkel in the 'velaanaage theft' case.
Or if she wants to go on a witch hunt in some matters - then there might be others who would love to turn this country into a school of witch hunt and wizardry?
Now where is my broooom stick?
@NArs
So let me get this straight, you think the one and only person who has to take responsibility for the failure of the JSC is Velezinee, one of the few people who has stood up to these people. So those members in the JSC who have stalled all investigations into corruption at the highest level are not responsible in any way at all, the way you see it. Yes, I see your logic. Bravo, you really are a true gem to progress in the Maldives aren't you (that was sarcasm by the way just in case you haven't learnt that in school yet). Seriously though, I think people like you, Yupe et al should actually spend more time thinking logically, perhaps by listening to your school teachers more, because you have absolutely no basis for your pathetic "arguments".
Ouch, and you attempt at attacking me too now. Very nice. Anyone else you wanna attack? Hopefully you can shut up now and that will be the end of it. I think Minivan and its readers have had quite enough of your extreme idiocy.
@ Confused..i never attcked you...and by assuming that i must be somewhere in a school and teacher..it reflects a lot about you i guess...so what r u a teacher? a student? ..if so could it be that your students are giving you a hard time..not doing the homework hehehehe..and i think the only one who had enough of me us you and your extremely thin skin..ooh did i bruise..is it bleeding? if so i can treat you very professionaly bcs its what i do everyday hehehe..LOL
@heck
You talk about minor offences of the judges committed during the previous Constitution. I don't think that's what the issue is. I think there is a bigger problem at hand, the offences happening right here, right now and the criminals who are operating under the protection of the same abuse of justice. Also, this commission has the power to stall the day to day running of the country and of the whole legal system and are doing a pretty good job of that from what I can see (eg http://minivannewsarchive.com/politics/supreme-court-rules-rejected-ministers-cannot-remain-in-their-positions-14240). I wonder what they have up their sleaves next? The commission was set up to be independent, clearly it isn't and needs to be cleaned up or this country is going nowhere.
Oh and 20/20 hearing, that's a new one for me 🙂
@Nars
I really pity people like you. Going through life, shuffling along with nothing useful to say and not the slightest idea what's going on around you and to your country, or maybe you simply just don't care. I mean, really, look at your comments on this particular article. First, you start out sharing with the public about your loose bowel movements and how much of an unpleasant smell that left. Then, you move on to say that Velezinee is responsible for the failure of the JSC (providing absolutely no evidence to back this up). Following on from this, you say we need more people with common sense, people other than her (again, providing absolutely no evidence to back why someone with a masters degree and a wealth of experience lacks common sense). Then you say MDP supporters are getting disillusioned because of people like her (and yet again, no evidence why this is the case). Then, you move on to me, and say I should sit in a quiet room, that I am blind to what's going on and that I am a teacher/student, that I am extremely thinned skin and giving us a hint as to your profession. Tell me, what exactly have all these baseless remarks got to do with anything? I don't think you're really thinking about the issue are you? All you can do is attack and make assumptions based on nothing. Please provide myself and the rest of the readers here with even a shred of evidence as to your baseless statements so far, instead of these boring attacks. Otherwise, I think I will ignore you from now on and just have pity on you.
@Ekaloa, @Saleem, @thoha yaseen, @Shahid and @yupe
You children have gone awfully quiet. What's up? No more personal attacking remarks to make? Nothing insightful to add?
@ Confused, oh my god, you are suffering from verbal diarrhea now..but that's just great,you just summarize everything that's wrong with u and everything i have been trying to say.....hope u have learned your lesson and the other guys have taken pity on you and have gone quite...but i wonder why u dint ignore me from the beginning, would have saved you a lot of typing...."teacher", 'educator" "someone involved in education" just screams out from your comments..or is it something more sinister to do with the children.
@NArs
I really can't resist this, but you have just proven me completely right in everything I said. Thanks for that, that was easy. You really know nothing about debating skills do you? All you can do is blabber nonsense, completely nothing to do with the subject at hand. Attack, attack, attack without any back up evidence. First, you attack the author, now me for pointing out that you have no evidence for what you are saying instead of backing up your statements. Why do people like you feel you have to go on the attack I wonder? Is that all you know, attacking people? No discussion on the subject itself perhaps? People like Velezinee are trying to help the country and the people by using everything in her power to expose the injustices going on behind closed doors. Why do people like you even bother reading material like this on minivan, you obviously don't understand it. You are making presumptions based on absolutely nothing whatsoever. Still no feasible arguments, just open statements about nothing. You really are a silly little person lol.
@confused
would like to know your views on UDHR article 18. you forgot to comment on this in your reply to heck!
@ confused...the weakest excuse to lie i have ever seen." i really can't resist this" so is it Ok to rape and embezzle money also bcs someone cant resist it...This proves my point all along, ppl like u and valizinay..They lie, nothing but lies..you said you would ingnore me, bcs u pity me the little man...and you did the opposite just like this government...You are a lier!!and by the way i never attacked you, you no longer have the moral high ground which you claim and what on earth makes you think anyone would want to debate you.
I find the information in this article shocking. My first reaction is to feel like trying to stir up a war against the Maldivian judiciary if these allegations are true! But then, I have to control my impulsiveness and think! How many of the allegations made can be proved?
You see, I have also experienced another huge shock, the capacity human beings have for lying and for creating false hoods about others.
That is also shocking and overwhelming, and extremely life destroying and painful.
So all I hagve to say is, please make it clear that allegations are allegations, not proven facts...
The recent attempted assassination on Ms. Velezinee Aishath appears to show that members of the old autocracy are quite afraid of this attention.
I applaud her bravery and deplore the cowardly response that her criticisms have caused.