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Afrashim’s dismissal highlights JSC composition concerns: DRP deputy

A Parliamentary decision passed yesterday by 38 votes to 34 to remove Dhivehi Rayyithunge Party (DRP) MP Dr Afrashim Ali from the Judicial Service Commission (JSC) raises further questions over the watchdog’s impartiality and reliance on political appointees, Ibrahim ‘Mavota’ Shareef has claimed.

Shareef, a DRP Deputy Leader, told Minivan News that he believed the no confidence motion against Afrashim, forwarded by Maldivian Democratic Party (MDP) MP “Reeko” Moosa Manik, was an “alarming” move by the government that was passed with “no valid reason”.

“If anyone elected to a position is not doing a job properly and perhaps there are more competent people who can do better, then [the removal] wouldn’t be a problem,” he claimed. “However, the MDP reason [for the vote] is not based on this. The government wants to use the JSC as a vehicle for [its own interests].”

The composition of the JSC, which serves as a watchdog for the country’s judiciary, was criticised by one independent judicial review body for failing to ensure transparency in its workings.

The International Commission of Jurists (ICJ) has maintained that although it was not illegal to rely on mostly political appointees as opposed to judicial and legal figures to oversee a national legislative watchdog, it was perceived as “bad practice”.

Criticisms of the JSC have also come from within the body itself by a former member selected by President Mohamed Nasheed. Presidential appointee Aishath Velezinee served as a whistle-blower by forwarding allegations of what she called a “silent coup” taking place in the JSC against the government.

Shareef said that he personally held concerns about relying on political figures to serve as JSC appointees when it came to overseeing the country’s courts, despite the process being constitutionally mandated.

“The fact that political appointees are allowed onto the body is not the best for the JSC. I myself have raised the wisdom [of allowing this],” he said. “In my view the JSC should be made up of members of the judiciary. However [composition requirements] are outlined in the constitution and we have to live with that.”

With the removal by parliamentary vote of Dr Afrasheem from his JSC post, Shareef claimed it remained vital to try and ensure the government did not have the ability to potentially “threaten the judiciary” with political appointments to the JSC.

“We [the political opposition] have lost representation on the body and we need a voice,” he said.

With the president entitled under the constitution to appoint a member of his own choice to the body – a position formerly held by Aishath Velezinee before she was dismissed with presidential praise last month – Shareef said he believed the opposition should be allowed a similar appointment.

“The opposition should be given the opportunity to appoint a representative itself to allow for equilibrium in the JSC,” he claimed.

ICJ view

The ICJ said it could not be commenting on Afrashim’s dismissal without additional details.

However, a spokesperson for the ICJ said previous reports on the Maldives had raised issues regarding the composition of the JSC relating to the number of political appointments made to the body compared to legislative and judicial figures.

“[Political representation] was identified as a key issue [by the ICJ] at the time in preventing the JSC from acting in an independent way,” said the spokesperson. “We are in no doubt that this current JSC has had no success in trying to bring about independence in the judiciary. We are not blaming any individual for this, but the JSC is not acting as it should be.”

As a matter outlined under the country’s constitution, the ICJ source said that the organisation accepted that changing such a system and finding a solution was difficult.

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Dhoonidhoo inmates on hunger strike

Inmates at Dhoonidhoo Police Custodial have declared themselves on hunger strike, a person familiar with the matter told Minivan News.

‘’All inmates detained in Dhoonidhoo Police Custodial, except for foreigners, have declared themselves on hunger strike,’’ the source said on conditions of anonymity. ‘’Inmates have been continuously obstructed from obtaining their rights.’’

The source claimed that the main reason of the hunger strike was because of the ‘’spoiled food’’ that had been fed to the inmates recently.

‘’All the inmates felt ill after consuming the food they were brought the day before yesterday, and the inmates complained,’’ he said. ‘’A senior police officer met with the inmates and told them that the food’s quality had been decreasing due to the change in the dollar exchange rate and that the price of products was increasing.’’

He said the police had told the inmates that the budget allocated for inmates’ food was not increased after the dollar exchange rate was altered, and promised that police would try to solve the issue.

‘’The inmates have to be brought out for walking once every two days, now inmates are brought out to walk once every week,’’ he said. ‘’The inmates have not been provided with other essential things they need such as razors, towels, brush, tooth brush, soap. The authorities have said they do not have the budget to provide those things to Maldivians, but the foreigners in this detention centre get all of them.’’

The source said the inmates have said they will continue the hunger strike “until the police meet their demands”.

Inmates started the strike yesterday at 3:00pm, the source said.

A police spokesperson denied that such incident was taking place at Dhoonidhoo Police Custodial.

Dhoonidhoo is used to detain persons accused of committing crimes pending investigation, with prison sentences mostly carried out in Maafushi.

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Criminal Court finds two businessmen charged with drug trafficking innocent

The Criminal Court has ruled that the Prosecutor General had been unable to prove that two businessmen Abdulatheef Mohamed and Hassan Ali charged with drug trafficking were guilty of the crime, due to lack of evidence and witnesses presented to the court.

Abdulatheef was arrested by police after they discovered more than one kilogram of illegal narcotics inside his car trunk.

However, the court said that there was not a single piece of evidence presented to the court suggesting that the illegal narcotics were imported with the knowledge of both Hassan and Abdulatheef.

The Criminal Court ruled that there was no reason to suspect that Abdulatheef and Hassan had an intention to traffic drugs.

During the investigation period of Abdulatheef, the Criminal Court summoned and ordered his release, a day after the High Court invalidated a letter sent by the Criminal Court to police asking to release the suspect under house arrest.

The Criminal Court first asked police to keep Abdulatheef in detention until his trial reached a conclusion. However the Criminal Court later sent a letter to the police changing the court’s first decision and asking police to switch Latheef’s detention to house arrest.

The police then appealed at the High Court to invalidate the letter. The High Court judges determined that the order in the letter was not consistent with the applicable laws concerning detention, and overruled it.

Latheef was arrested last year in December, as he was about to drive off in his car after loading some vegetables into the trunk.

Police officers attended the area, stopped his car and unpacked the loaded items in his presence and discovered 1083.4246 grams of illegal narcotics containing the substance Tetrahydrocannabinol (found in cannabis).

The Prosecutor General appealed at the High Court asking for Abdulatheef to be detained until his trial reached a conclusion and to rule that Criminal Court’s order to release him was unlawful.

However, the High Court ruled that there was no grounds to overrule the Criminal Court’s decision.

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India targets South Asian energy security boost with regional loan plans

Indian authorities have unveiled plans to offer US$1oo million loans to neighbouring countries like the Maldives for the development of infrastructure like roads and power, according to media reports.

The Indian Express newspaper reported today that the development loan announced this week at a meeting  in Male’ of the South Asia Free Trade Area Ministerial Council in order to outline credit cover for various nations at levels of interest close to the regularly updated London Inter Bank Offer Rate.

The report has claimed that the funds, which will be supplied by India-based Exim bank, would be used to try and bolster energy security among the member nations of the South Asian Association For Regional Cooperation (SAARC), particularly across national borders.

Indian officials also reportedly used the meeting to call for the lifting of trade barriers across the SAARC region in areas such as textiles, agriculture, pharmaceuticals, electronic goods and car production.

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MFDA shuts down Café Alfresco and Blue Cappuccino

The Maldives Food and Drug Authority (MFDA) has shut down another famous eatery in Male’, Café Alfresco in the State Trading Organisation (STO) building, after the authority found the café’s hygiene conditions did not meet the MFDA’s regulation.

The Blue Cappuccino restaurant in Maaveyo Magu was also closed by the MFDA in its ongoing food inspections program.

‘’Alfresco has unfortunately been closed for the time being after an inspection by the Maldives Food and Drug Authority (MFDA),’’ Alfresco said in a statement on its website. ‘’We will hopefully be reopening shortly after we set the café’s facilities to fully comply with the MFDA’s standards.’’

‘’We apologise deeply to all our customers and assure complete adherence to MFDA regulations and standards in the future. We take full responsibility for this unfortunate incident and are more than willing to extend our support and cooperation to MFDA.’’

No details of the issues with the restaurants were provided by the MFDA as it has decided not to reveal such details following complaints from the owners of the closed food outlets.

‘’We decided not to reveal the details following complaints we received from the places,’’ said Jameela Mohamed, Media Coordinator of MFDA. ‘’We will issue a press release regarding the matter later today.’’

Café Alfresco was not the first famous food outlet to be suddenly closed by the MFDA. Famous restaurants such as West Park and Raaveriya was also closed by the MFDA during the inspections program.

Well known teashops such as Market Hotel, Faseyha Point and Malaafai 2 were also closed by the MFDA after it found the hygiene conditions did not meet MFDA regulations.

Live goats, houseflies, lizards and cats were discovered in the kitchens and stores of some of the closed restaurants and cafés.

The MFDA said so far 113 venues were checked and 12 places closed due to poor hygiene.

Meanwhile, some of the closed restaurants and teashops have been reopened after correcting the issues faced by the MFDA.

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Decision to remove Dr Afrashim from JSC “a victory for all reformists”, says Velezinee

Parliament today voted 38 to 34 in favour of a motion of no-confidence to remove opposition Dhivehi Rayyithunge Party (DRP) MP Dr Afrashim Ali from the Judicial Service Commission (JSC).

The motion to dismiss controversial religious scholar Afrashim from the judicial watchdog body was submitted by Majority Leader “Reeko” Moosa Manik of the ruling Maldivian Democratic Party (MDP) last week.

The DRP had issued a three-line whip in an effort to save the embattled JSC member during today’s vote.

Breakdown of the vote

Afrashim’s defence

Responding to the multiple charges of misconduct, Afrashim denied that his appointment as the JSC’s representative to the Supreme Court violated article 163 of the constitution, which requires a majority of the commission’s 10 members to be in attendance for a vote.

Only five members of the JSC had signed in as present at the meeting in question on February 6.

Afrashim argued that seeking the approval of JSC members through telephone calls was standard practice while meetings could be held without a majority in attendance “under special circumstances.”

If members participated through audio conferencing, he added, “they can be considered to be present in a meaningful sense.”

On the matter of drawing allowances, Afrashim pointed out that the decision to award committee allowances was made by the interim commission in January 2009, prior to his appointment to the JSC.

“When we were selected for the commission, the Judicial Service Commission’s administration informed us to give our [bank] account numbers to deposit money,” he said. “We didn’t even know what that money was for. This is not something that we decided for ourselves unlawfully.”

Article 164 of the constitution states that “A member of the Judicial Service Commission who is not a member of the Executive, the Judiciary, or the People’s Majlis shall be paid such salary and allowances as may be determined by the People’s Majlis.”

Afrashim insisted that the article does not explicitly prohibit remuneration for commission members already receiving state incomes.

Moreover, as the article states that parliament could approve salaries and allowances for all commission members, Afrashim argued that the annual JSC budget, including provisions for committee allowances, was passed by parliament “because it was not in violation of the constitution.”

The JSC budget obtained by Minivan News confirmed that JSC members were in some cases receiving up to Rf 9000 (US$700) a month as a ‘committee allowance’; a total of Rf 514,660 (US$40,000) in 2010.

The DRP MP for Ungoofaru also denied any wrongdoing in the vetting process of reappointing judges in August 2010 – which took place amid concerns about the competency and integrity – as stipulated by article 285 of the constitution.

Echoing claims by fellow opposition MPs, Afrashim alleged that the resolution to remove him from the JSC constituted “an attempt to politically influence the judiciary and transfer judges.”

In his closing statement after the two-hour long debate, Afrashim alleged that President Mohamed Nasheed had called him on former DRP MP Alhan Fahmy’s phone and requested that Criminal Court Judge Abdulla Mohamed “be removed even if it meant disregarding principles and procedure.”

Former President’s Member on the JSC, Aishath Velezinee, described today’s decision in parliament as “a victory for all reformists.”

“The Majlis’ decision to remove Dr Afrashim for breach of trust and acting unconstitutionally raises a fundamental question about the legality of the courts today,” Velezinee said, highlighting the JSC’s hasty and untransparent reappointment of all sitting judges in August 2010.

“I blame the Speaker [Abdulla Shahid] for having sat in the JSC during Dr Afrashim’s treason,” Velezinee added. “He has lost all authority to remain as Speaker and thereby hold his seat in the JSC. The Majlis must now ensure that Article 285 is honoured in full, and judicial reform in undertaken as guaranteed by the Constitution.”

Dr Afrashim’s allegations that President Nasheed had attempted to bully him into dismissing the Chief Judge of the Criminal Court, Abdulla Mohamed, “sounded to me like a last minute life line,” Velezinee said.

“Afrashim never mentioned that in the JSC. And having sat as the President’s appointed member, I can vouch that President Nasheed never made any such request of me.”

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DQP calls on government to stop prostitution

The Dhivehi Qaumee Party (DQP) led by former Attorney General Dr Hassan Saeed has called on the government to take adequate measures to prevent prostitution in the Maldives.

‘’Prostitution has spread widely across the Maldives in the guise of health clinics and massage centres, to an extent that the citizens should be very concerned,’’ the DQP said in a statement.

‘’There is the chance people will say that prostitution is being conducted with the assistance and support of the government if the government remains silent on the issue instead of taking any action.’’

The DQP claimed the government supported prostitution, referring to video clips allegedly of senior government officials leaked by a blackmail ring prior to their arrest earlier this year.

The party also claimed the government was “keeping its eyes closed” on the issue despite prostitution being haram under Islam, which it claimed showed that the current government was not prioritising Islam in the country.

‘’We call on the government to take immediate measures to stop this and to prevent the society from falling into an illness,’’ the DQP said in its statement. ‘’We condemn statements from the government that these are not issues the government has to investigate.”

The statement also referred to the recent investigation by Sun Online journalists in which the journalists solicited girls in massage parlours.

Police arrested two Maldivian males and two Thai females for involvement in a beauty salon in Addu, for allegedly being involved in prostitution. The Addu Court extended the detention of the four arrested.

Press Secretary for the President’ Office Mohamed Zuhair did not respond to Minivan News at time of press.

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“Government can only be as good as its opposition,” says Commonwealth Deputy Secretary-General

The Maldives “throws up all the challenges of consolidating a transition to multi-party democracy,” Commonwealth Deputy Secretary-General Mmasekgoa Masire-Mwamba observed this morning at the opening of the Commonwealth’s regional workshop on parliamentary cooperation.

The aim of the workshop, she said, was to help create a constructive partnership between government and opposition parties in each participating country.

“While they may be political adversaries, they share a common national responsibility and obligation of nation-building and advancing the prospects of real development – human, political, social and economic — of the people of their respective countries,” she said.

“This can only be achieved if the political system works constructively for the welfare of all, not if it creates or exacerbates ruptures in society.”

Government and opposition have to see themselves as partners, Masire-Mwamba said.

“Government must acknowledge that there needs to be democratic space for the opposition to function and to enable other viewpoints to exist. Indeed it is often said that government can only be as good as its opposition – thus the role of opposition is a very real one in holding governments accountable and ensuring they deliver.

“On the other hand, oppositions also need to be constructive, using the democratic space provided responsibly to raise legitimate dissent where this is required, without becoming needlessly disruptive,” she suggested.

The Maldives’ consolidation of its hard-won democracy has been “long and bumpy”, Speaker of Parliament Abdulla Shahid noted, also speaking at the opening of the workshop.

“The state has spent the better part of the last three years struggling to demarcates the roles prescribed under the new constitution. It has been three years of exceptional experience for all of us,” he said at the launch of the event, which will run until June 15 at Traders Hotel in Male’.

“The perception of political parties injected a new paradigm into Maldivian politics. There is no simple formula to build a healthy rapport between political parties. The concept of a government with a legitimate opposition in the political spectrum was one that was hard to grasp for many,” Shahid said.

“We have had situations where some thought that the new democracy in the Maldives was too much for the very small and widely spread out society. We have instances in which some questioned whether democracy and the party system was te best form of governance for us. We have had instances when almost all hope was lost.

“It is to the credit of the leadership and the people of this nation that we have been able to sort out these challenges and resolve many of the encounters we have come across.”

The workshop is jointly organised by the Commonwealth Secretariat and the Commonwealth Parliamentary Association (CPA), and hosted by the People’s Majlis in the Maldives.

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India to grant essential commodities to the Maldives

The Indian government yesterday approved the supply of a list of essential commodities requested by the Maldives government for the remainder of 2011, the Foreign Ministry has said.

According to the ministry, the government of India has approved exports of essential food commodities such as sugar, eggs, potatoes, onions, dhal, and wheat flour.

‘’While these commodities have been approved for a period of three years, construction materials such as stone aggregate and river sand have been approved for a year,” stated the ministry.

“The Ministry of Foreign Affairs is still waiting for the authorisation of rice from the Government of India.’’

Alongside India, the Foreign Ministry said that the government of Bangladesh had also authorised the export of stone aggregate to the Maldives resulting from negotiations held last year.

‘’During the recent visit by Foreign Minister Ahmed Naseem, the matter was expedited by Bangladeshi authorities,’’ the foreign ministry said. ‘’The Bangladeshi Government had requested the State Trading Organisation (STO) to conduct a feasibility assessment to work out the details between the two governments.’’

In his recent visit to Bangladesh, Naseem signed a memorandum of understanding “Concerning Placement of Manpower” with Bangladeshi government.

Officials at the Foreign Ministry claimed at the time that the MOU will help preserve the rights of the Bangladeshi labourers in the Maldives.

Amidst pledges of increased commodity supplies, The King Saud University in Riyadh, Saudi Arabia, has granted 5 scholarship opportunities to the Maldives.

The Rector of the University, Dr Abdulla Al Usman noted that the scholarships will be available for the upcoming academic year during a meeting with Adam Hassan, the Maldivian Ambassador to Saudi Arabia.

”The scholarships granted by King Saud University are for postgraduate studies, and according to Dr Al Usman there were no specific allocations for either Masters or PhD,” the foreign ministry said.

The ministry also said that King Saud University is one of the oldest Universities in Saudi Arabia, with courses are available in the fields of engineering, sciences, food and agriculture, pharmaceuticals, Applied Medical Science and Nursing amongst others.

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