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Male’ City Council member charged with obstructing police duty

Male’ City Council member Ibrahim Sujau has been charged with obstructing police duty, reports local media.

Sujau allegedly refused to comply with a police officer’s request to see his licence while driving a motorcycle on the evening of November 12, 2012, Criminal Court Spokesperson Ahmed Mohamed Manik told local media.

At approximately 5:48pm Sujau was allegedly driving his motorcycle on Sosun Magu in Male’, while speaking on his mobile phone, and was then questioned by police after stopping his vehicle, Manik said.

Sujau is accused of disobeying the officer’s request to be taken to the traffic police via police vehicle – claiming he was not required to do so – in addition to not showing his drivers license, Manik added.

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MATATO complains tourism not included in Islamic Ministry’s blessings during Friday prayer

The Maldives Association of Travel Agents and Tour Operators (MATATO) has written to the Islamic Ministry expressing concern that tourism was not among those industry sectors blessed during Friday prayers.

MATATO President Mohamed Khaleel confirmed to Minivan News that a letter had been sent to the Islamic Ministry yesterday (May 29) expressing concern that the country’s farming and fishing industries continued to be blessed following Friday prayers, while tourism sector had not received the same courtesy.

Under the country’s laws, traditional holiday staples such as the sale and consumption of alcohol and pork products, and women publicly sunbathing in bikinis, are outlawed outside designated ‘uninhabited’ islands set aside exclusively for resort development.

A letter sent by MATATO to the Islamic Ministry stated that the biggest gift from God to the Maldives over the past 40 years was the establishment of tourist resorts on uninhabited islands in the Maldives, according to local media.

The letter also argued that profits from the travel industry over the 40 years had been used to build harbours, roads and mosques across the country.

Considering the financial impact of tourism to the country’s revenue, MATATO President Khaleel said a letter had been sent to the Islamic Ministry asking for tourism to be included along with other industries worthy of being blessed in the Friday prayer.

“We are expecting a response [to the letter] by Sunday (June 2) or Monday (June 3) next week. We are expecting positive feedback from the ministry, not for ourselves, but for the sake of the country,” he said.

Given the substantial contribution of tourism to the country’s GDP – thought to indirectly reach over 70 percent – Khaleel questioned the financial impact to the country should the industry cease to exist.

Khaleel added that the government had earned large amounts of additional income from import taxes on goods and services brought into the country to cater for holidaymakers.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed and Minister of State for Islamic Affairs Mohamed Didi were not responding to calls from Minivan News at time of press.

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Police searching for 24 year-old man in connection with gang rape of 16 year-old girl

Head of the Police Child Protection Department, Chief Inspector Hassan Shifau, has said police are searching for Mausoom Abaas of Hunaru in Maafannu Ward in connection with the gang rape of a 16 year-old girl in February.

Police first sought public assistance in locating Mausoom Abbas in mid-February.

Yesterday (May 29) Chief Inspector of Police Hassan Shifau issued a video interview regarding the case and said that on February 12, a 16 year-old girl was gang raped by four men, three of whom had since been arrested. The fourth was yet to be located, he said.

Shifau stated that Mausoom was on the police service’s list of the 50 most dangerous criminals, with a record of 16 criminal offences ranging from drug related crimes to assault and robbery.

The three already arrested over the gang rape were aged 18, 19 and 22, and all had previous criminal records, he said.

According to Shifau, the victim had marks on her body that indicated she had been sexually harassed when she came to the police to report the case.

He also said that the DNA samples taken from the clothes she was wearing that night matched with the DNA samples of the persons arrested.

Police have not revealed details of the case nor have they identified the three arrested in connection with the matter.

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JSC suspends Chief Judge hours after High Court postpones case against JSC

The Maldivian Democratic Party (MDP) has announced that the High Court has temporarily suspended the hearings of the case against Judicial Service Commission (JSC) filed by the party’s presidential candidate, former President Mohamed Nasheed.

Nasheed is challenging the legitimacy of the JSC’s appointment of the three-member judges panel to the Hulhumale Magistrate Court to hear Nasheed’s criminal trial.

The party’s remarks come just a day after High Court cancelled a hearing of the case in which local media reported that the court was to decide on counter-procedural issues taken by JSC. The JSC has contended that the High Court did not have the jurisdiction to look into a matter.

Member of Nasheed’s legal team, Hassan Latheef, told Minivan News on Wednesday that the hearing was cancelled after the judge who was presiding over the case opted to “take leave” for the day.

However, shortly after the cancellation, the JSC declared that the commission had indefinitely suspended the Chief Judge of High Court Ahmed Shareef – who also happened to be among the judges presiding over Nasheed’s case against the JSC.

JSC Chair and Supreme Court Justice Adam Mohamed Abdulla insisted at a press conference yesterday that the disciplinary action had no relation to the former president’s case.

In a press conference held today at the party headquarters, Vice Chairperson of MDP Ali Shiyam said the party saw the High Court’s decision to withhold the hearings until next July as an encouragement for Nasheed and the party to continue its nation-wide presidential campaigning.

Shiyam added that if no further disruptions came from the courts, it would mean an additional strength to the party in their bid to secure the presidential elections in the first round. Shiyam also described the move as an end to the obstructions leveled against Nasheed by the courts and the judiciary.

“President [Nasheed] will not have to halt the campaign and come to Male to appear before the court. That is a new strength, a new encouragement to our campaign,” Shiyam said.

Meanwhile, another member of Nasheed’s legal team, Hisaan Hussain, tweeted that despite the indefinite suspension of Judge Shareef, neither the JSC nor the acting chief judge appointed to fill the vacancy of Judge Shareef would be allowed to reshuffle the judges presiding over the case.

Speaking to Minivan News, MDP Spokesperson MP Imthiyaz Fahmy said the move to hold the hearings was also an assurance to the public and the international community that former President Nasheed would be able to take part in the elections, as was unlikely that Nasheed would be given a criminal sentence.

He added that the party were facing a lot of challenges compared to other political parties who are also campaigning for the election.

“Because of the ongoing case concerning President Nasheed, the party has had to spend equal time and resources on its legal battles while running a nation wide presidential campaign. The MDP is battling with everything including the judiciary, the Prosecutor General and all the injustices faced by ordinary people,” he said.

Fahmy further added that the previous scheduling of Nasheed’s cases and sudden cancellations resulted in severe financial losses to the party, as each campaign event is organised by the hard work of party members across the country.

However, Fahmy also echoed Shiyam’s statement that the suspension of the case marked the end of Nasheed’s legal battle, stating that the High Court’s decision would allow the party to focus its energy on campaigning rather than winning court battles.

The Hulhumle-based magistrate court is currently hearing the case against the former President over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed by the Maldives National Defence Force (MNDF) during the last days of his presidency.

During the first trials of the hearing, Nasheed’s legal team contested the legitimacy of the magistrate court.

However, in a Civil Court case filed by lawyer Ismail Wisham, which was subsequently taken over by Supreme Court – and to which Nasheed’s legal team also intervened – endorsed the legitimacy of the much-debated Hulhumale Magistrate court.

As soon as the trials resumed, Nasheed’s legal team challenged the legitimacy of the appointment of the three-member judges panel to the magistrate court. The former president’s counsel is arguing that appointing judges to specific cases was not the JSC’s responsibility, but that of the chief judges of respective courts.

Minivan News contacted a High Court media official but was told the court had no comment on the case.

JSC suspends High Court Judge, appoints acting replacement

The JSC has meanwhile appointed Judge Abdul Rauoof Ibrahim as acting Chief Judge of High Court until the JSC concludes its inquiry into complaints filed against the suspended Chief Judge of High Court Ahmed Shareef.

Speaking to Minivan News, JSC Media Official Hassan Zaheen confirmed the appointment and said that Judge Abdul Rauoof would be in charge of running the High Court until the JSC concludes its inquiry.

The JSC on Wednesday issued Judge Shareef an ‘indefinite suspension’ following a complaint filed by the remaining judges of the court against him during last year.

The ruling came hours after the High Court suspended hearings against the former President.

A similar case was lodged last April in which eight judges of the High Court’s nine-member bench lodged a case with the JSC against Chief Judge Shareef, for suspending the Hulhumale Magistrate Court’s trial of former President Mohamed Nasheed without registering the case in court.

The suspension coincided with the cancellation of a hearing of a High Court’s case in which Nasheed challenged the legitimacy of the JSC’s appointment of the three member panel of judges to Hulhumale Magistrate Court.

High Court Chief Judge Shareef was summoned to the JSC earlier this month, almost a year after the complaint was lodged.

According to local media reports, the decision was approved at a JSC meeting today with three votes in favour and one against. Attorney General Aishath Bisham, President’s Member Mohamed ‘Reynis’ Saleem and Criminal Court Judge Abdulla Didi voted in favour while Public Member Shuaib Abdul Rahman voted against the motion.

Lawyers’ representative Ahmed Rasheed and Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan reportedly abstained while High Court Judge Abdulla Hameed did not participate in the vote.

Speaker Abdulla Shahid and Majlis Member MP Gasim Ibrahim did not attend the meeting.

Shuaib told private broadcaster Raajje TV following the meeting that the decision was made in violation of due process and JSC procedures as a report regarding the allegations against the chief judge was not presented to the commission members.

The motion or petition to suspend Shareef was proposed by Attorney General Bisham, who is yet to receive parliamentary consent for her appointment.

Meanwhile, at the press conference this evening, Justice Adam Mohamed refused to reveal either the details of the vote or the members in attendance despite repeated queries from reporters.

He also refused to state which High Court judge would take over the chief judge’s administrative functions.

The opposition Maldivian Democratic Party (MDP) – of which Nasheed is the presidential candidate – described the actions by the JSC as attempts to influence the case filed by Nasheed against the JSC.

“We condemn the actions of the Maldivian courts, which violate the electoral rights of nearly 50,000 Maldivian Democratic Party members. The disruption to President Nasheed’s campaign trip to Raa atoll is an unnecessary, politically motivated challenge,” the party contended yesterday.

“The JSC continues to try and cover up the unconstitutional manner in which they appointed the Hulhumale’ Magistrate Court bench through attempts at influencing the judiciary, while the Courts create logistical challenges such as today’s.  However, it does not stop affect the spirit of President Nasheed’s campaign,” said MP Mariya Ahmed Didi.

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Thai trade delegation to visit Maldives

Thailand’s Prime Minister Yingluck Shinawatra will be part of an official delegation set to visit both Sri Lanka and the Maldives over the next three days to discuss boosting trade relations, according to media reports.

During the trip, which begins tomorrow (May 31) and will end Sunday (June 2), the Thai delegation will look to double trade and investment with the Maldives and Sri Lanka over the next five years, the state-run National News Bureau of Thailand (NNBT) has said.

Whilst in the Maldives, Thailand’s Commerce Ministry is expected to sign agreements to strengthen trade and economic cooperation with the country, while also looking at potential collaborations in areas such as tourism, education and healthcare.

NNBT quoted Commerce Minister Boonsong Teriyapirom as saying that the Maldives was presently Thailand’s 104th largest partner in terms of trade, with existing agreements worth an estimated 40.33 million Baht (MVR 20.5 million) to the country.

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Police arrest stabbing suspect Sharufan and three others

Police have located and arrested 19 year-old Sharufan Abdul Razaq Ahmed of Lonumidhilige, after calling for public assistance to locate the suspect in a recent double stabbing.

Police said that the four were arrested Tuesday night at 11:00pm while they were inside an apartment on the first floor of Nikoshia house in Maafannu ward.

Police stated that the other three were arrested on allegations they assisted Sharufan to hide from police.

According to police, the three arrested included two males aged 32 and 27, and a 20 year-old female.

Officers obtained a search warrant for the premises and discovered evidence related to the crime, police said.

According to local media, the three arrested in the apartment included Sharufan’s brother Ibrahim Shafaz of Lonumidhilige in Maafannu ward. Shafaz was arrested in 2011 after police labelled him a drug lord.

Shafaz and the 20 year-old woman were released yesterday when they were taken before the Criminal Court for extension of detention. The court however granted a 15-day detention period for Sharufan.

Police said the operation to arrest the suspects was conducted by its special task force recently established to combat the rise in gang related crimes in Male’.

Police had earlier appealed for public assistance in locating Sharufan, alleged that on May 18 at 3:25 pm he stabbed two people near the junction where Chanbeyly Magu meets Haveeree Hingun.

Local newspaper Haveeru reported that the two people injured in the attack were still in a serious condition.

Razzaq has a prior criminal record, according to local media, after he allegedly entered Nalahiya Manzil House in Henveiru Ward in January 2010 with a companion and stabbed a person inside the house.

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Comment: One of Maldives’ biggest killers entirely preventable

It is indeed sad that one of the biggest killers of people in Maldives is an addiction that is entirely preventable, but requires a good will to act from everyone.

In 2010, the Government of Maldives, in a commendable move, passed a Tobacco Control Law and in January 2013 introduced its first regulation to reduce the amount of public real estate on which smokers can indulge in their harmful habit – it banned smoking cigarettes inside all government buildings, private restaurants, cafes and other public places.

It further bans smoking tobacco at rehabilitation centres, children’s parks and spaces often visited by children, aboard transport vehicles and at any area where residents have to wait in a line to receive services. Individual violators can be fined MRF500 and proprietors MRF1000 for not enforcing the law on their premises.

Of course, with any law, enforcement is key and we know that the government is aware of the need to encourage law enforcement to not only uphold the law but to become better educated on the details. WHO has suggested incentivising law enforcement so that they will take a more active role in upholding this crucial piece of legislation. There is work to be done to gazette certain provisions, and provide support for more training and awareness-raising activities.

The statistics themselves are alarming enough:

  • According to the 2009 Maldives Demographic and Health Survey (DHS), 42 percent of people in the between the ages of 20-24 are smokers in the country, one of the highest in the region.
  • Although importation figures are showing some decline, in 2011 about 454 million cigarette sticks were imported. This represents a retail value of about MVR 910 million.
  • Globally – tobacco kills nearly 5.4 million people each year; and by 2030 it will kill more than 8 million people each year.
  • If no serious action is taken, up to 1 billion people could die from tobacco use in the 21st century.

There is well-established evidence: tobacco kills and its use carries many negative effects on health and quality of life.

However, despite efforts globally by governments, NGOs and individuals to curb tobacco smoking, it is no secret that the opposition backing the tobacco industry is well-organised and well-funded. Some of the firms will stop at nothing to silence the anti-tobacco lobby. Even for small nations such as Maldives, introducing anti-tobacco legislation and measures can face fierce resistance from those who promote their commercial interests.

The theme of World No Tobacco Day 2013 is “Tobacco advertising, promotion and sponsorship.” The WHO position is clear: all forms of tobacco advertising, promotion and sponsorship should be banned – full stop. We believe that banning tobacco advertising, promotion and sponsorship is one of the most effective ways to reduce tobacco use. In fact, this is a requirement under Article 13 of the WHO Framework Convention for Tobacco Control (FCTC), the international treaty that was developed in response to the globalisation of the tobacco epidemic.

Why is this measure so important? Nearly three in four children between the ages of 13 and 15 are exposed to pro-cigarette ads on billboards and to pro-tobacco messages at sports and other events.

The link between such messages and the uptake of the habit are indisputable. Our figures show that a comprehensive ban on all tobacco advertising, promotion and sponsorship could decrease tobacco consumption by an average of about 7 percent, with some countries experiencing a decline in consumption of up to 16 percent.

I commend the Government of Maldives for introducing a total ban on tobacco advertising, promotion and sponsorship. The Tobacco Control Law (Law15/2010), with the first regulation introduced in January 2013 and more underway, provides a base for reinforcing such a ban.

I know that the Government of Maldives is taking this matter very seriously and continues to place an importance on introducing a full set of regulations, coordination of efforts in multiple sectors and educating small traders and communities on the provisions of the law.

The evidence is clear: such bans work and help us to protect our youth from this deadly addiction.
The time to act is now.

Dr Magtymova is the World Health Organisation (WHO) Representative to the Republic of Maldives.

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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JSC suspends Chief Judge of the High Court

The Judicial Service Commission (JSC) has indefinitely suspended Chief Judge of the High Court, Ahmed Shareef, over a complaint filed against the judge last year.

JSC Chair and Supreme Court Justice Adam Mohamed Abdulla insisted at a press conference today that the disciplinary action had no relation to the ongoing High Court case filed by former President Mohamed Nasheed contesting the legitimacy of the Hulhumale’ Magistrate Court bench appointed by the commission.

The suspension was a “precautionary” measure while investigation of the complaint was proceeding, he claimed.

“There are no legal grounds to stop looking into a complaint submitted [to the commission] or halt proceedings,” he said, adding that ongoing court cases and disciplinary proceedings at the JSC were “two completely different systems.”

High Court Chief Judge Shareef was summoned to the JSC earlier this month almost a year after the complaint was lodged.

Meanwhile, a hearing of Nasheed’s case scheduled at the High Court today was cancelled after one of the judges took a leave of absence.

The chief judge – who is among the three judges presiding over the Maldivian Democratic Party (MDP) presidential candidate’s case – was suspended over a complaint filed by seven other High Court judges, Justice Adam Mohamed revealed.

The decision was approved at a JSC meeting today with three votes in favour and one against.

According to local media, Attorney General Aishath Bisham, President’s Member Mohamed ‘Reynis’ Saleem and Criminal Court Judge Abdulla Didi voted in favour while Public Member Shuaib Abdul Rahman voted against the motion.

Lawyers’ Representative Ahmed Rasheed and Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan reportedly abstained while High Court Judge Abdulla Hameed did not participate in the vote.

Speaker Abdulla Shahid and Majlis Member MP Gasim Ibrahim did not attend the meeting.

Shuaib told private broadcaster Raajje TV following the meeting that the decision was made in violation of due process and JSC procedures as a report regarding the allegations against the chief judge was not presented to the commission members.

The motion or petition to suspend Shareef was proposed by Attorney General Bisham, who is yet to receive parliamentary consent for her appointment.

Meanwhile, at the press conference this evening, Justice Adam Mohamed refused to reveal either the details of the vote or the members in attendance despite repeated queries from reporters.

He also refused to state which High Court judge would take over the chief judge’s administrative functions.

In June 2012, the Anti-Corruption Commission (ACC) was asked to investigate allegations that Chief Judge Shareef met officials of Nexbis in Bangkok, Thailand while a case concerning the controversial border control project awarded to the Malaysian mobile security firm was scheduled at the High Court.

According to newspaper Haveeru, Shareef had applied for a leave of absence from May 30 to July 1 before the JSC made its decision today.

The local daily also reported that today’s hearing of the former president’s case was cancelled after Judge Abbas Shareef took a last minute leave.

Former President Nasheed’s office said in a statement today that the hearing was “unexpectedly cancelled three hours prior” to the scheduled time.

“We condemn the actions of the Maldivian courts, which violate the electoral rights of nearly 50,000 Maldivian Democratic Party members. Today’s disruption to President Nasheed’s campaign trip to Raa atoll is an unnecessary, politically motivated challenge. The JSC continues to try and cover up the unconstitutional manner in which they appointed the Hulhumale’ Magistrate Court bench through attempts at influencing the judiciary, while the Courts create logistical challenges such as today’s.  However, it does not stop affect the spirit of President Nasheed’s campaign,” MP Mariya Ahmed Didi, Nasheed’s spokeswoman, said after the cancellation.

Nasheed meanwhile returned to Raa Atoll today to resume his presidential campaign.

“Undue influence”

The MDP organised a march against the JSC on Saturday (May 25) to protest JSC Chair Adam Mohamed’s alleged attempts to unduly influence the trial of former President Nasheed.

The party contended that Justice Adam Mohamed was abusing his power and authority as head of the judicial watchdog body to intimidate judges on the High Court bench.

On April 1, the High Court ordered the Hulhumale’ Magistrate Court to suspend Nasheed’s trial pending a ruling on the legitimacy of the panel of judges appointed by the JSC to preside over the case.

In the first hearing of the High Court case, the JSC contested the High Court’s jurisdiction to rule on the legality of the Hulhumale’ Magistrate Court bench constituted by the commission.

The JSC has sent letters to the High Court requesting expedition of Nasheed’s case, the party noted in a press release.

The MDP objected to the judicial oversight body summoning the Chief Judge of the High Court for questioning over a complaint filed a year ago.

The move amounted to intimidation of judges and undue influence on judicial processes, the party contended, calling on the JSC to cease its “dirty and cowardly” efforts as the commission was the adverse party or respondent in the High Court case.

“Actions such as these are seen as thinly veiled attempts at influencing the Judiciary,” the former president’s office said today.

The JSC responded to the protest march with a statement of its own the following day, appealing against “obstruction” of the commission’s constitutional and legal responsibilities.

The JSC noted that the constitution and Judicial Service Commission Act of 2008 mandated the commission to investigate complaints against judges and enforce disciplinary measures.

The commission was entrusted with powers to summon and question persons and take witness testimonies, the JSC stated.

There were “no legal or constitutional grounds” to interpret carrying out the commission’s legal responsibilities as intimidation or exerting undue influence on judges, the statement added.

The JSC statement concluded by calling on all parties to “not commit any act or participate in any activity that could obstruct the constitutional and legal responsibilities and duties of the commission.”

Meanwhile, in her report to the United Nations Human Rights Council following a visit to the Maldives in February 2013, UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul wrote that “the trial of the former President raises serious concerns regarding the fairness of proceedings.”

Knaul questioned the constitutionality of the Hulhumale’ Court and the appointment of the three-member panel of judges, “which seems to have been set up in an arbitrary manner, without following procedures set by law.”

She also expressed concern with “the significant backlog of complaints with the Judicial Service Commission that are not dealt with or at least are perceived as not being dealt with. Some judges that have several complaints and cases for misconduct against them are still sitting.”

Moreover, Knaul wrote that according to several judges, “disciplinary procedures before the Commission lead to public humiliation and damages to their reputation.”

“Some even said that, when summoned by the Commission, the principle of presumption of innocence is not respected and they do not have appropriate time and access to information to prepare for their cases. Judges are also often not told for what allegations they are being investigated. It is common that, after an appearance before the Commission, judges are not informed if their case was dropped, if a decision was taken, or if it is still pending,” Knaul wrote.

“The Special Rapporteur is worried that disciplinary proceedings before the Judicial Services Commission are not in line with international law and principles, and may sometimes be used to expose and question the integrity of judges and magistrates before the media and the general public before the conclusion of a proper investigation into the allegations. She wishes to underline that, according to the Basic Principles on the independence of the judiciary, judges are entitled to a fair hearing under an appropriate procedure, which should be subject to an independent review.”

Among a number of recommendations to reform the Maldivian justice system, Knaul suggested taking “appropriate measures to enforce the code of conduct of judges in a transparent and consistent manner, with full respect for the fundamental guarantees of fair hearing and bearing in mind the importance of the reputation of judges and magistrates.”

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President Waheed meets with Sri Lanka’s inspector general of police

Sri Lankan Police Inspector General N. K. Illangakoon today met with President Dr Mohamed Waheed during a visit to the country.

According to the President’s Office website, Illangakoon discussed methods of strengthening collaborations between the respective police forces of both countries at a meeting in Male’ this morning.

President Waheed also thanked the inspector general for the ongoing support he said Sri Lanka had provided to help strengthen policing in the Maldives.

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