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Criminal cases in PG leadership absence unconstitutional, says Drug Court judge

Any trials of criminal cases in the absence of a prosecutor general (PG) and a deputy PG violates the constitution, Drug Court Judge Mahaz Ali has said.

Writing on his personal blog, Mahaz disagreed with the attorney general’s (AG) recent suggestion that the official in the senior most position at the PG office must take over the PG’s responsibilities.

AG Mohamed Anil claimed the country was in the midst of a “state of necessity” in the aftermath of acting PG Hussain Shameem’s resignation earlier this week.

The doctrine of necessity is the basis on which extra-legal actions by state actors, designed to restore order, are deemed constitutional.

Both the Maldivian Democratic Party (MDP) and the Maldives Bar Association have also spoken out against the government’s stance on the matter.

State of necessity

Mahaz wrote that the state of necessity argument was valid only if there was no legal solution, suggesting that there was no reason President Abdulla Yameen could not propose a name for approval by the People’s Majlis.

“A state of necessity is faced only when all legal avenues have been exhausted. In the current situation, the solution is to appoint a new prosecutor general. The current People’s Majlis is not in a situation where it cannot carry out its duties,” wrote the judge.

“The authority that must nominate a candidate [the President] is able to do so. Unless these two parties are in a state in which they cannot carry out their constitutional duties, a state of necessity will not be faced in the prosecutor general’s case.”

Although Shameem has called on the executive and People’s Majlis to approve a PG immediately, President Yameen said he will only submit a new nominee to the newly elected house – set to convene on May 28.

After a drawn out nomination process, Yameen’s previous choice for the role – his nephew, Maumoon Hameed – failed to gain the required number of votes in parliament last month. In contrast to the previous session, pro-government parties will enjoy a healthy majority in the 18th Majlis.

Judge Mahaz argued that the Supreme Court order on 6 February – which ordered criminal courts to accept cases filed by the PG’s Office – did not provide a solution, only mentioning how to act in absence of a PG. The Supreme Court order was prompted by the Criminal Court’s January decision to refuse new cases until a new appointment was made.

Mahaz also referred to previous case law regarding the Attorney General’s Office, noting that no superior court had deemed similar instances to be ‘situations of necessity’ requiring the next in line to take charge of the office.

In July 2010, the eight Civil Court judges unanimously decided they would not proceed with civil cases in the absence of an AG following then-AG Husnu Suood’s resignation.

Violation of independence

The Bar Association of the Maldives has also joined the debate, arguing that the AG’s advise was inconsistent with the Prosecutor General Act, and that Shameem’s resignation had created a leadership vacuum.

The resignation of the deputy PG while the position of PG was vacant had left the office with no official who could now assume its legal responsibilities, the association said, arguing state prosecutors cannot represent the PG in the courts in the current situation.

“Given that the prosecutor general’s position is an independent and impartial position, this office believes the government’s exertion of influence by ordering state prosecutors to attend courts is a violation of the office’s independence,” the association said in a statement.

Despite the Prosecutor General’s Act requiring the appointment of a new PG within 30 days of the position’s vacancy, Shameem has headed the office for over five month’s following the resignation of his predecessor Ahmed Muiz in November.

The Criminal Court was forced to cancel more than 100 cases last week as state prosecutors refused to attend hearings, doubting their current legal capacity to represent the PG’s Office.

The Hithadhoo Court in Addu City is conducting criminal trials, however, and is issuing verdicts in the absence of a state prosecutor. Court officials told local media on Thursday that they did not accept the justification of absence put forth by lawyers from the PG’s Office.

In his resignation statement, Deputy PG Shameem had said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

The President’s Office put out a third call for names this week, claiming the previous number of applicants had been low during the second call. Shameem had expressed interest in the position both times, while local media has speculated that a third call will allow Hameed to resubmit his application.

The MDP has also commented on the current situation, accusing President Yameen of nepotism:

“In contravention to principles of good governance in democratic countries, it is evident is more for the president in this current state to appoint his nephew or other relatives to the position of Prosecutor General.”

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Supreme Court forms committee to review judicial laws

The Maldives Supreme Court has formed a Multi Stakeholder Judicial Sector Law Reform Committee to review and amend judicial laws on Wednesday.

According to the Supreme Court, the committee aims to reform laws, regulations, procedures and practice rules “to pave the way for social, political, and economic changes as per the constitution, enable the judiciary to protect the democratic environment, and strengthen the criminal, civil, and juvenile justice systems.”

The committee is to consist of Supreme Court judges, the attorney general, minister of home affairs, minister of finance and treasury, prosecutor general and the commissioner of police. The Supreme Court will appoint a secretariat to facilitate the committee’s work.

Noting the difference between judicial reform and law reform, former judicial watchdog member Aishath Velezinee criticised the Supreme Court’s move as an “encroachment” on the powers of the People’s Majlis and said the results may “lead to injustice before justice.”

Although the Supreme Court may formulate regulations to improve service delivery and functioning of the court system, the apex court’s leadership role in compiling amendments to laws “is out of bounds,” she said.

The process is flawed as no one can challenge the Supreme Court’s authority, she continued.

Several documents—including the 2013 report by the UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul—have already made recommendations on judicial reform, she said, arguing that “forming a law reform committee does not match identified issues.”

Knaul’s comprehensive report on the Maldivian judiciary called for increased financial and human resources for the judiciary, establishing performance indicators to assess administration of justice and courts’ performances, human rights training for the judicial sector and creating an integrated system of case management.

She also called for the reinstatement of the Judicial Council tasked by the Judicature Act with administration of the judiciary. The Supreme Court had abolished the body in 2010 and taken over its powers, claiming the council was unconstitutional.

“Many interlocutors reported that the dissolution of the Judicial Council and the direct control of the Supreme Court over the Department of Judicial Administration have had the effect of centralizing administrative decisions in the hands of the Supreme Court,” the special rapporteur stated.

With the council’s abolishment, “the only platform for internal communication within the judiciary where difficulties, challenges, experiences and opinions could be exchanged, disappeared,” she added.

Velezinee claimed the new law reform committee is a further example of the Supreme Court using its “power of supremacy to hinder reform.”

She also criticised the “politicised” composition of the new committee due to the absence of independent state institutions on the committee. Although the prosecutor general is to sit on the committee, the position has been vacant since November 2013, she noted.

“If this is about human rights, why is the Human Rights Commission not involved?” she said.

Moreover, disgraced Supreme Court Judge Ali Hameed’s involvement in the process “undermines its purposes,” she said.

Hameed has been implicated in a series of sex tapes publicised on social media in 2013, but the JSC has failed to take any action against the judge. Meanwhile, the prosecutor general has also filed corruption charges against Hameed for misuse of state funds.

The Supreme Court has justified the expansion of its influence over judicial administration by invoking Article 141 and 156 of the constitution.

While Article 141(b) states that the Supreme Court “shall be the highest authority for the administration of justice in the Maldives,” Article 156 states, “The courts have the inherent power to protect and regulate their own process, in accordance with law and the interests of justice.”

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India offered to build naval dockyard in Maldives, says Indian media

India’s Army Chief General Bikram Singh has offered to build a dockyard worth MVR 7.7 billion (US$ 500 million) in the Maldives in his ongoing visit, Indian media has reported.

According to the Deccan Herald, China had already offered to develop the Uthuru Thilafalhu lagoon in the archipelago’s north.

Reclamation work is already underway in the area. Once completed, it will serve as the Maldivian Coastguard’s primary operations base and will provide a much-needed berthing space to naval ships and ocean liners.

India’s Foreign Secretary Sujatha Singh, during a visit to the Maldives in February, visited the Uthuru Thilafalhu project site. Minivan News understands discussions are underway on Indian investment in the project, but it is not clear if a decision has yet been made.

In recent months, India has been steadily increasing defense cooperation with the Maldives including the gifting of two ‘Dhruv’ Advanced Lightweight Helicopters (ALH) and development of the military hospital Senahiya.

Ties with India came under strain during President Dr Mohamed Waheed’s administration in the aftermath of Indian infrastructure giant GMR’s abrupt eviction. The company had won a concession agreement to develop the main airport.

Waheed went on to strengthen military ties with China, sparking Indian concern over “a Chinese policy to throw a ‘string of pearls’ – or a circle of influence – around India.”

Speaking during an official trip to India earlier this year, new President Abdulla Yameen stated that while the Maldives has “close ties” with China, “nothing will precede ties with India, which are far more precious”.

“While we have had a slight rough patch with India, the time of good relations far outweigh the rough patches we had. I suppose it is easy for us to be on the right track again,” Yameen said, referring to the airport dispute.

Singh’s visit is the first by a serving Indian Defense Chief since General Deepak Kapoor’s visit in February 2010.

An Indian High Commission press release on Tuesday said Singh’s three day visit – set to conclude today – will “further enhance bilateral defense cooperation.”

“India’s commitment to Maldives defense has been growing with each passing year. Both countries have inter-linked mutual security interests which need to be protected for the safety and security of the South Asian region and the Indian Ocean,” the statement said.

During his visit, Singh met with President Yameen, Defense Minister Mohamed Nazim and the Maldivian Chief of Defense Forces Ahmed Shiyam.

Singh also discussed the possibility of supplying fast-attack craft, amphibious landing craft and small arms from New Delhi, reported the Deccan Herald.

Another potential project is to train 40-60 officers of the Maldivian National Defence Force (MNDF) in Indian training establishments, the article continued.

“All such topics were discussed. But we will reveal details at a later time,” said MNDF Deputy Spokesperson Captain Ali Ihusaan, when asked for a comment on reports by Indian news sources.

Chinese investments including a US$54 million for an IT infrastructure project sparked Indian concern in 2013, with Indian Ministry of Communications and IT saying Beijing’s state owned companies must be “kept at bay.”

According to Indian media, the ministry – in an internal government note – suggested “substantial investment in the Maldives on similar projects [as being planned by China] ensuring that the traffic between India and the Maldives is handled through the equipment installed and commissioned in the Maldives by India.”

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Atoll Challenge paddles 165 kilometers, raises MVR 1 million for Thalassemia

A six-man kayak team has paddled 165 kilometers around Lhaviyani Atoll and raised over MVR 1 million (US$ 64, 840) for the Maldives Thalassemia Society.

The four-day “Atoll Challenge” visited all four inhabited islands and five resorts in the northern atoll to raise awareness on the common blood disorder and raise funds to buy 50 desferal pumps – a device that removes excess iron from Thalassemia patients’ blood.

The common genetic disorder causes severe anemia and patients require life long blood transfusions. The frequent transfusions cause iron-build up in the blood.

The Maldives has the highest incidence of Thalassemia in the world with 18 percent of the population carrying the recessive gene for the crippling disorder. One in every 120 births in the country is a Thalassemia patient.

Minister of Health Dr Mariyam Shakeela welcomed the kayakers back to Kuredhu Resort on May 8. Seaplane company Trans Maldivian Airways (TMA) was the largest donator to the challenge at US$ 10,000.

The Thalassemia Society has identified insufficient screening services, shortage of desferal pumps, lack of treatment in Malé and the atolls, and lack of a standard protocol for treatment of patients as the biggest challenges patients face.

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China’s Sinohydro to build airport apron

China’s state-owned engineering and construction company, Synohydro, is to build a US$ 9 million parking apron at the Ibrahim Nasir International Airport (INIA).

The agreement was signed between the Maldives Airports Company (MACL) and Sinohydro on May 8.

MACL Managing Director ‘Bandhu’ Ibrahim Saleem said the new apron – to be built on the northern tip of the runway – will be 350 meters long and 75 meters wide. Four Boeing 777 airplanes can park on the apron.

The project is to be completed within 12 months.

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Thalassemia Society calls for equal and improved care

The Maldives Thalassemia Society has called on the government to provide medical care to all patients with the genetic blood disorder without discrimination and upgrade facilities at the Maldivian Blood Services (MCS)

The Maldives has the highest concentration of carriers for the disorder at 18 percent, and over 500 registered patients. Thalassemia causes severe anemia and requires life long blood transfusions and treatment.

Speaking at a ceremony at Nasandhura Palace Hotel last night, Abdul Muizz Hassan of the Thalassemia Society said individuals with the disorder living in the islands do not have access to proper treatment, while medical care facilities in Malé are run down and dilapidated.

“The building we go to seek treatment from is dilapidated, run down. We have to bear a lot of difficulties to seek treatment there. I plead with you, [we would like] for [the government] to provide us with treatment at a new building, so that we can go home satisfied,” he said.

Although medical care for Thalassemia patients had seen improvements over the years, the pace of development was too slow, he said,

“[B]ut our lives cannot wait on the [slow] speed at which [work] is being carried out. In order to save lives, medical care for us must be of the best quality. This care must be provided to all without any discrimination.”

Individuals living with thalassemia often undertake costly journeys to Malé or regional healthcare centers at great cost for blood transfusions, he noted.

Muizz also called for specialized doctors and urged the establishment of an international clinical protocol or medical guideline for Thalassemia patients.

According to the Ministry of Health, 26 new Thalassemia patients register for treatment every year.

Meanwhile. local television station Raajje TV said a 21-year-old female living with Thalassemia had been transfused with infected blood leading to lung complications and swollen veins. The woman is reported to suffer from diabetes as well.

Doctors at state owned Indhira Gandhi Memorial Hospital (IGMH) told the patient she was suffering from complications due to the diabetes and that the hospital could not offer her further treatment. It was only when the family went to Sri Lanka that they found out the cause of her symptoms was bacteria infected blood.

A family member told Minivan News today that the woman had sought treatment in Sri Lanka and is doing well now. The family declined to comment further.

In March, a pregnant woman was given HIV positive blood at IGMH leading to a public outcry over deteriorating health care services.  An Indian laboratory technician has been arrested over the case.

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Environment Minister pledges to minimize Maldives dependence on fossil fuels

Minister of Environment and Energy Thoriq Ibrahim has called for increased investment in clean energy in the Maldives and pledged to minimize the country’s dependence on fossil fuels.

The government is working on a low carbon development strategy to improve energy security and strengthen the economy, Thoriq told participants of a one-day workshop at the Nasandhura Palace Hotel this morning.

The Environment Minister’s announcement comes at a time when President Abdulla Yameen has called for investment in oil exploration in the country.

Minister of Fisheries and Agriculture Dr Mohamed Shainee told Minivan News in late April that at least one investor is scheduled to visit the Maldives for discussions on exploration. Shainee had assured potential investors of presence of oil in the Maldives at a recent investment forum in Singapore.

However, Thoriq today expressed concern over “the vulnerability of the Maldivian economy due to high dependence on fossil fuels.”

The country spends 30 percent of its GDP on importing fossil fuels, he said. In 2012, the Maldives had spent US$ 486 million on oil imports, and the figure is estimated to increase to US$ 700 million by 2020.

Lying just a meter above sea level, the Maldives is among the world’s most vulnerable countries to climate change impacts such as sea level rise, ocean acidification and extreme weather events.

Thoriq has previously said the government will convert 30 percent of daily peak electrical load to renewable energy.

“Maldives is committed to introduce cost-effective renewable energy as part of a diverse, low carbon and secure energy mix in our low carbon development. We are determined and actively working towards making 30 percent of daily peak electrical load of all populated islands to renewable energy within next five years,” he said in a statement on April 14.

The workshop at Nasandhura was held to present an assessment – carried out by the UN Environment Programme (UNEP) – on the potential of low carbon development in the Maldives. Minivan News was unable to obtain the document from the Environment Ministry at the time of press.

According to a press release, the assessment will help the government “make an informed contribution to climate negotiations ongoing or the new climate agreement set to be agreed in Paris in 2015.”

An official from the Environment Ministry told Minivan News that the Maldives policy on climate change has not yet been set, but said that a draft is currently under review. He said the climate change draft policy framework consists of five goals; sustainable financing, low carbon development, adaptation and opportunities, advocacy and awareness, and sustainable development.

Thoriq has previously said the Maldives will call for global temperature rise to be limited to 1.5 degrees Celcius.

In 2009, Global leaders recognized “the scientific view that the increase in global temperature should be below two degrees Celsius” to combat climate change.

Earlier this week, United Nations Secretary General Ban Ki-moon warned that too many stakeholders are still “sitting on the fence”, as he challenged participants at a climate conference in Abu Dhabi to make bold political decisions to combat climate change.

“Change is in the air. I challenge you to be part of that change – to be at the head of the race,” he encouraged.

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“Black rain” in Eydhafushi unsafe for use

The Public Health Unit (PHU) has warned Baa Atoll Eydhafushi Island residents against drinking or cooking with rainwater following a “black rain” shower on Tuesday.

Similar incidents of black colored rain were reported in Meemu Atoll Kolhufushi Island in 2011, and Haa Dhaal Atoll Kulhudhuffushi Island in 2006.

In 2013 there were further reports on Haa Dhaal Atoll Nolhivaram Island and Haa Dhaal Atoll Kurimbi Island, and in Dhaalu Atoll Meedhoo Island.

However, little seems to be known about the health implications of this occurrence. Islanders have speculated the phenomenon maybe acid rain.

“We advise people not to use the water for drinking or cooking, but they might be able to give it to their plants,” a Health Protection Agency (HPA) official told Minivan News.

The HPA said they have not observed any negative health effects from black rain yet.

Islanders are heavily dependent on rainwater for cooking and drinking, but many are now turning to store-bought mineral water as reserves run low in the dry season.

Senior Community Health Officer at Baa Atoll Hospital Sidqi Abdulla told Minivan News islanders were not concerned about threats posed by polluted water to their water supplies as the black rain was only seen on some parts of the island.

“This is the first time we’ve seen black rain in Eydhafushi,” he said.

However, he noted increased water insecurity in the island due to intrusion of saltwater into groundwater.

Although state officials have yet to confirm the reason for the black rain, research carried out by University of California’s Professor Veerabhadran Ramanathan indicates there is ten times more pollutants in the air mass north of the Maldives compared with the south.

The Cloud Aerosol Radiative Forcing Dynamics Experiment (CARDEX) carried out in 2012 suggests that soot and carbon from India are captured in ‘brown clouds,’ which drift over the North of the archipelago.

This pollutant layer, he argues, is an insidious mixture of soot, sulphates, nitrates and ash, Ramanathan has said.

Only the southern tip of the long island chain enjoys clean air coming all the way from Antarctica.

“The stunning part of the experiment was this pollutant layer which was three kilometre thick, cut down the sunlight reaching the ocean by more than 10%,” Ramanathan said in a BBC interview.

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24 year old man arrested for sexually abusing and assaulting a minor

An individual has been taken into custody in Gaaf Dhaal Atoll Hoadehdhoo Island for sexually exploiting and assaulting a 16 year old female minor.

Police reported that the individual, who was arrested on May 1, was a 24 year old male. He was taken in regarding a case first filed in 2013, which stated that he had sexually exploited the victim and assaulted her with a sharp object.

The individual has been remanded in custody for a period of 15 days from May 2 under the orders of the Thinadhoo Magistrate Court for investigation.

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