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MDP attempts to stop courts from preventing disciplinary action against judges

Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy today submitted a parliamentary motion aimed at blocking the country’s courts from issuing rulings preventing their own watchdog body from taking disciplinary action against judges.

The motion follows a recent decision by the High Court to uphold a civil court injunction preventing the Judicial Service Commission (JSC) from taking action against Criminal Court Chief Judge Abdullah Mohamed until a final verdict was reached at the Civil Court.

Judge Abdulla was a central figure in the downfall of former President Mohamed Nasheed after he was detained by the military.  Abdulla’s controversial detention was made after the government accused him of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

Abdulla Mohamed obtained the injunction against his investigation by the judicial watchdog in September 2011 after it produced a report stating that he had violated the Judge’s Code of Conduct by making politically biased statements in an interview he gave to private broadcaster DhiTV.

According to the motion submitted today by MP Imthiyaz Fahmy, it is unconstitutional for a superior court to rule on a cases pertaining to the JSC’s decisions, as well as to prevent the commission from performing its statutory obligation to investigate and take action against judges.

Fahmy argued that allowing the courts to defy the JSC’s decision contravened the purpose of establishing the court watchdog as an independent institution in the first place.  He argued that such a decision violated the system of checks and balances designed to ensure separate powers of state.

Fahmy also observed that the parliament cannot remove the judge from a bench while a case concerning the matter is at court and noted that it would be an obstruction to parliament’s duty as well.

Several pro-government MP’s challenged the motion, citing the judge had not been convicted of any offence and must not subjected to unfair treatment or intimidation.

Former President’s member on the JSC and whistle-blower Aishath Velezinee for several years contended that Abdulla Mohamed was a central, controlling “father figure” in the lower courts, answerable to former President Maumoon Abdul Gayoom.  She also claimed the judge was a key figure responsible for scuttling the independence of the judiciary under the new constitution.

Allegations against the judge, which date back to 2005, include misogyny, sexual deviancy, throwing out an assault case despite the confession of the accused, political bias, obstruction of police duty, disregarding decisions of high courts, deliberately holding up cases involving opposition figures and barring media from corruption trials.  He also stands accused of ordering the release of suspects detained for serious crimes without a single hearing, maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes, and releasing a murder suspect “in the name of holding ministers accountable” who went on to kill another victim.

In one instance, Abdulla Mohamed was accused of requesting that two underage victims of sexual assault act out their attack in court in front of the perpetrator.

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Increasing density of resort development threatens key tourism appeal, warns former tourism minister

The cabinet has decided to increase the development density of resort islands from 20 percent to 30 percent, in a move tourism authorities of the former government have claimed will impact a key appeal of the Maldives’ destination.

In a statement, cabinet said ministers noted that “opportunities for commercial expansion were limited due to unavailability of land area to develop tourist facilities on leased-out spaces.”

“Members also agreed that, raising the land area limit for construction of tourist facilities, to meet market demand, would largely contribute to the prosperity of the island,” the statement read.

Former tourism minister Dr Mariyam Zulfa said “one of the resort owners behind the [February 7] coup” had pressured her to change the density regulations.

“I privately consulted foreign [resort] investors and the advice I got was not to change this, because the Maldives’ ‘islandness’, a key product feature, would be lost,” she told Minivan News.

“Thirty percent is a huge amount of land to developed as a built up area, and islandness is what makes the Maldives competitive,” she said.

Mohamed Nasheed’s government had debated and provisionally approved increasing the development density to 25 percent, Dr Zulfa said, “but that was before the industry feedback that this was not something to play around with.”

“I can categorically say this is something [resort tycoon and Jumhoree Party (JP) leader] Mr Gasim Ibrahim wanted for a long time. If you do an eyeball inspection of his properties already they more than 20 percent,” Dr Zulfa alleged. “I knew this would happen the moment the regime changed. It doesn’t surprise me.”

Secretary General of the Maldives Association of Tourism Industry (MATI), ‘Sim’ Mohamed Ibrahim, said the density increase would “allow some resorts to develop more facilities, entertainment and staff amenities.”

“It will give resort developers more flexibility,” he said. “We don’t think it will have an impact [on the competitiveness of the destination].”

Dr Zulfa has previously contended that pressure from several government-allied resort owners had led the new government to declare that 25 year resort island lease extensions could be paid in installments rather than upfront, a decision she claimed took US$135 million out of the budget overnight.

In March, the Maldives Inland Revenue Authority (MIRA) said it had anticipated receiving a total of Rf375 million (US$24 million) for lease extensions, however due the government’s recent decision to accept resort island lease extension payments in installments, the  income received dropped to Rf23 million (US$1.5 million). The government has meanwhile said it has a budget deficit of US$155 million.

Tourism Minister Ahmed Adheeb was not responding to calls at time of press.

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Six-year old girl dies of dengue shock syndrome

A six year-old girl died at Male’s ADK hospital on Tuesday shortly after being admitted with dengue fever complicated by respiratory difficulties.

Referred to as ‘Dengue Shock Syndrome’, ‘Dengue Haemorhaggic Fever’, or ‘severe dengue’, this type of complication greatly increases the risk of death in cases as blood pressure drops to dangerous levels.

“The girl was brought in at 4:00pm, gasping, blue, in a critical condition and was taken to the intensive care unit where she died,” said the hospital’s Managing Director, Ahmed Afaal.

Afaal was not yet able to confirm the girl’s home island, but confirmed that there would be a thorough investigation into the case as it involved dengue.

Her death is the first dengue-related death to have been recorded this year. A record 12 deaths last year were mostly children suffering from similar complications. Instances of the disease have been rising steadily both within the Maldives and globally.

Health Minister Dr Ahmed Jamsheed he was unable to comment on the issue, as he said he was engaged in SAARC meetings. He did, however, say that a communicable diseases paper would be discussed at the meeting.

The Centre for Community Health and Disease Control (CCHDC) issued its first warning of the year on March 20, blaming the large amount of construction work in the capital and pools of stagnant water, which serve as breeding grounds for dengue-carrying mosquitoes.

According to the World Health Organisation (WHO) the specific type of insect that carries dengue, the Aedes Aegypti Mosquito, is unusual in that it bites during the daytime. Once infected, humans are the most prominent carriers of the dengue illness, passing the strain on to other mosquitoes when bitten.

The organisation estimates that between 50 and 100 million people a year are infected, with 40 percent of the world’s population at risk. It advises that dengue should be suspected whenever a high fever is accompanied by any of the two following symptoms: severe headaches, pain behind the eyes, muscle and joint pains, nausea, vomiting, swollen glands, a rash.

It can be difficult to distinguish from the milder Chikungunya disease that can last for up to five days. Even healthy adults can be left immobile by dengue for several weeks while the disease runs its course.

Prevention rather than cure

The government has attempted to raise awareness of the disease in order to prevent the spread of what remains an illness without a specific cure.

After last summer’s outbreak was labelled an epidemic by the government, the Maldives National Defence Force (MNDF) was drafted in to assist with spraying breeding sites, although it did encounter difficulties in accessing some sites.

Such instances led to calls from the now Health Minister Ahmed Jamsheed, head of the CCHDC at the time, for the introduction of a Health Protection Bill that would provide “sufficient resources to ongoing efforts on community education, awareness and health promotion, access to premises with mosquito breeding and legal action against those who do not comply with the law or regulations.”

At the time of last month’s warning Public Health Programme Coordinator for the CCHDC, Dr Fathmath Nazla Rafeeq shared her concerns over the lack of public attention to the Centre’s alerts.

“Since December [2010] we had warned about the increase in dengue cases. But most of the people don’t even remember. They assume that mosquitoes should be controlled if there is a dengue outbreak and everything will be okay when authorities spray fog,” Nazla observed. “Therefore, on most islands, its [mosquito control] is highly neglected. Once dengue starts to spread, people panic”.

She also added that another epidemic would be inevitable if the authorities did not consistently eradicate breeding areas.

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Six Senses bought by Pegasus Capital Advisors

Luxury resort company Six Senses has been acquired by US-based private equity fund manager, Pegasus Capital Advisors, for an undisclosed sum.

Six Senses manages 10 resorts and 28 spas in 20 countries around the world, including Oman, Vietnam and Thailand, with another 15 under construction or development. Its brands include Soneva, Six Senses and Evason.

In the Maldives the group has operated the upmarket Soneva Fushi and Soneva Gili properties, and a new resort in Laamu that opened last year. Under the terms of the deal the Soneva-branded properties will be carved from the Six Senses portfolio and will continue to be held by Six Senses founder Sonu Shivdasani, who will remain as CEO, chairman and principle shareholder of the Soneva Group.

Pegasus Capital specialises on investing in middle-market companies facing financial distress, and has tended to focus on consumer products, technology, business services, energy, financial services, industrial manufacturing and the communications sectors.

“Going forward, the new Six Senses will be a debt-free company with committed capital for expansion into new and within existing international markets,” said Craig Cogut of Pegasus Capital Advisors, in a statement. “We are confident that our president Bernhard Bohnenberger and our strong management team will continue to build on its legacy as a recognised leader in luxury hospitality.”

Shivdasani said: “For myself and Eva, my wife, this means we can devote all our energies to our first love – the development of the Sonevas. Soneva will continue to operate its philanthropic arm, The Slow Life Trust, and remain dedicated to achieving environmental goals and a corporate commitment to sustainability.”

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President Waheed inaugurates National Awards Committee

President Mohamed Waheed Hassan today held the inaugural meeting of the newly reconstituted National Awards Committee.

The committee, which decides on public figures to honour for their work in societal development through fields such as health, agriculture and the arts, was reformed on Monday (April 9), after the previous body completed their allotted three year term.

According to the President’s Office website, the awards committee is to function independently from the government, which will respect any decision made.

The national awards were last held in November 2011 and conferred by former President Mohamed Nasheed.

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Tsunami watch alert cancelled after 8.6 earthquake and aftershock off Indonesia

An Indian Ocean-wide Tsunami Watch Bulletin was issued on Wednesday afternoon by the Pacific Tsunami Warning Centre after an earthquake measuring 8.6 on the Richter scale occurred off the coast of Indonesia, followed by an aftershock measuring 8.2 almost two hours later.

The Centre revised its initial update after sea level readings confirmed a “significant” tsunami was generated, and subsequently cancelled the warning five hours after. Any tsunami was predicted to hit the Maldives at 11:49(GMT) – 16:49 Male time, and 11:44(GMT) – 16:44, the Centre reported, but advised that waves could follow for up to two hours after this period. The first wave may not be the largest and further waves could follow in intervals of five minutes to one hour.

The Centre said that the initial shock generated a tsunami measuring 17 cm (6.7 inches), and advised authorities to “take appropriate action”

Such an earthquake had the potential to “generate a widespread destructive tsunami that can affect coastlines across the entire Indian Ocean basin”, according to the centre’s initial report.

Alerts were issued by the Maldivian meteorology department, which extended its alert period by two hours to 7:30pm, following the aftershock.

Residents in the capital Male’ reported feeling tremors with bottles and glass shaking when the first earthquake struck. Several tall buildings, including the government building Velanaage, and schools, were evacuated earlier this afternoon.

Tremors were also reported in the Indian cities of Kolkata, Chennai, Bangalore, Kochi and Thiruvananthapuram.

Bruce Presgrave of the US Geological Survey (USGS) told the BBC that the nature of this quake made it less likely a tsunami would be generated, as the earth had moved horizontally, rather than vertically, therefore had not displaced large volumes of water: “We can’t rule out the possibility, but horizontal motion is less likely to produce a destructive tsunami,” he said.

The 2004 tsunami inundated entire islands in the Maldives, but only caused minor damage in capital city Malé. The northern sea wall and buildings on city’s seafront were damaged. The waves caused minor flooding as well.

Minivan News will provide updates as the situation develops.

UPDATES:

14:30 – According to the BBC, the US Geological Survey has reported that the quake at Aceh quake was centred 33km (20 miles) under the sea about 495km from Banda Aceh.

14:35 – Offices, school and governent buildings in Male’ and Hulhumale’ were evacuated as the people felt the tremors.

14:40 – MET Director Hussain Waheed told state broadcaster: “There is a potential tsunami risk to the Maldives in next two or three hours. But there has been no sign of a tsunami yet. However, he advised the people to be on alert.

14:52 – Deputy Tourism Minister Mohamed Maleeh Jamal told Minivan News that government bodies were now following the instructions of the coast guard and Maldives National Defense Force (MNDF). Resort management had been formed and the government was set to form its crisis management committee established following the 2004 Asian tsunami that struck many islands across the Maldives.

Jamal said he himself had been in the Velaanage Building, where he said that tremors as a result of the quake could be felt.

“All government employees in the building were evacuated to ground level,” Maleeh said of the situation at the time. “We are still waiting for exact details on the situation, but we are working with the military and coast guard.”

Report from the Pacific Tsunami Warning Centre:

“EARTHQUAKES OF THIS SIZE HAVE THE POTENTIAL TO GENERATE A WIDESPREAD DESTRUCTIVE TSUNAMI THAT CAN AFFECT COASTLINES ACROSS THE ENTIRE INDIAN OCEAN BASIN.

HOWEVER – IT IS NOT KNOWN THAT A TSUNAMI WAS GENERATED. THIS WATCH IS BASED ONLY ON THE EARTHQUAKE EVALUATION. AUTHORITIES IN THE REGION SHOULD TAKE APPROPRIATE ACTION IN RESPONSE TO THE POSSIBILITY OF A WIDESPREAD DESTRUCTIVE TSUNAMI.

ESTIMATED INITIAL TSUNAMI WAVE ARRIVAL TIMES AT FORECAST POINTS WITHIN THE WARNING AND WATCH AREAS ARE GIVEN BELOW. ACTUAL ARRIVAL TIMES MAY DIFFER AND THE INITIAL WAVE MAY NOT BE THE LARGEST. A TSUNAMI IS A SERIES OF WAVES AND THE TIME BETWEEN SUCCESSIVE WAVES CAN BE FIVE MINUTES TO ONE HOUR.”

15:07 – Mobile networks are suffering from congestion due to a sudden spike in usage, report major providers.

15:11 – Government spokesman Abbas Adil Riza said the Maldives was evacuating beaches. The National Disaster Management Centre is continuing to issue updated warnings and assess any potential threat: “Right now, we are seeing if there is a threat [from today’s Indonesian earthquake] to this side of the Indian Ocean.

15.18 – David Cameron tells Indonesian President that he is ‘hugely concerned’ about the earthquake, reports the BBC.

15:25 – Bruce Presgrave of the US Geological Survey (USGS), has told the BBC that the nature of this quake made it less likely a tsunami would be generated, as the earth had moved horizontally, rather than vertically, therefore had not displaced large volumes of water: “We can’t rule out the possibility, but horizontal motion is less likely to produce a destructive tsunami,” he said.

15:42 – Maldives National Defence Force (MNDF) spokesperson Colonel Abdul Raheem has said that no signs of a tsunami wave within the Indian Ocean have as yet been identified.

“At the moment we are monitoring areas around the country, but have not observed any tsunami,” he said. “We have been in contact with other countries like Sri Lanka and India and they have said the same thing.” Raheem concluded that at present, the Indian Ocean remained calm.

15:44 – Indonesia’s disaster management agency said power was down in Aceh province and people were gathering on high ground as sirens warned of the danger. “The electricity is down, there are traffic jams to access higher ground. Sirens and Koran recitals from mosques are everywhere,” said Sutopo, spokesman for the agency.

The quake was felt as far away as the Thai capital, Bangkok, and in southern India, residents said.

15:49 – Reuters news agency, quoting tsunami warning centre official, has reported the total vertical measurement of the tsunami wave, according to monitoring gauges, was 35 cm (13.8 inches), making the height 17 cm (6.7 inches).

“It doesn’t look like a major tsunami,” Victor Sardina, a geophysicist on duty at the Hawaii-based Pacific Tsunami Warning Centre said. “But we are still monitoring as tsunamis come in waves.”

16:14 – The Centre revised its initial update and said that if generated, the tsunami was likely to hit the Maldives at 11:49(GMT) – 16:49 Male time, and 11:44(GMT) in Gan local time 16:44

16:16 – Sea level reading confirm a tsunami was generated, reports the Pacific Tsunami Warning Centre.

16:21 – Met Office Director Hussain Waheed has said that the country has not decided to updated the severity of its warning since the tsunami warning was first raised earlier this afternoon, but will be extending the period of the tsunami watch for at least an hour and a half.

The Met Office said it continues to issue a yellow bulletin, which requires authorities to keep a watch on potential tsunami development.

“Any earthquake of a  magnitude of over 8.0 results in a yellow bulletin being issued,” he said.

With the yellow bulletin in place, Waheed said that the Met Office would be continuing to run a tsunami watch regarding the situation in the Maldives for at least the next hour and a half due to aftershocks that have occurred in Indonesia.

16:25 – The latest (4th) bulletin from the Pacific Tsunami Warning Centre advises that when no major waves have occurred for two hours after the estimated arrival time (16:49 for Male, 16:44 for Gan, local time), authorities can assume the threat is passed.

“Danger to boats and coastal structures can continue for several hours due to rapid currents. As local conditions can cause a wide variation in tsunami wave action the all clear determination must be made by local authorities.”

16:29 – UNICEF worker Edward Carwardine in Jakarta, Indonesia, told Al Jazeera: “People are quite rightly moving to higher ground, moving away from the coastal areas as fast as they can. I think it’s an indication of how much people have learned from the terrible experiences of a few years ago. We haven’t yet heard of things like structural damage … right now people are looking after themselves and that’s the best thing they can do.”

16:30 – The 2004 tsunami inundated entire islands in the Maldives, but only caused minor damage in capital city Malé. The northern sea wall and buildings on city’s seafront were damaged. The waves caused minor flooding as well.

Following the Indonesia geophysics agency’s extension of a tsunami warning in Aceh province, the Pacific Tsunami Warning Centre has issued a new warning for the Indian Ocean following aftershocks off the Indonesian coast.

16:35 – The Maldives MET Office has extended the alert for Maldives until 5:30pm local time, following the latest after-shock which measured 8.2 on Richter scale.

16:46 – The Tourism Ministry activated its disaster management policy at 14:15 today, Minister Ahmed Adheeb has said on Twitter. All resorts were informed, tourist recalled to the island and head counts taken.

16:25 – Trans Maldivian Airlines (TMA) Managing Director Edward Alsford said the company is not making any changes to its scheduled activites at the moment. He said that the company did have back up systems in place when necessary. At the moment the sea plane operator was taking a precautionary stance while awaiting further information, he said.

16:45 – Ibrahim Nasir International Airport (INIA) CEO Andrew Harrison has said that management were currently monitoring the situation as it developed at the airport, and enacting countermeasures to protect vehicles in the event of a tsunami.

Harrison added that airport management was currently talking to sea plane operators and other airline operators to potentially move some aircraft to protect against any adverse impacts from a tsunami or irregular tidal pattern.

16:54 – People from coastal areas in Indonesia have been evacuated, police have told an Al-Jazeera correspondent. There are no reports of damages or casualties.

16:57 – India’s National Disaster Management Authority (NDMA) has played down tsunami reports in the region. The organisation had initially issued a warning for Andaman and Nicobar Island, and an alert to coastal areas of Andhra Pradesh and Tamil Nadu.

“There is no specific threat. It was a watch and alert. There is no likelihood of any tsunami in the Indian Ocean region,” NDMA Vice President Sashidhar Reddy told the Press Trust of India.

“It is the kind of strike and slip earth quake which does not trigger tsunami. There was no vertical displacement of water under the sea,” he said. “Tsunami possibility is virtually ruled out.”

17: 10 – The tsunami alert period has been extended in the Maldives to 19:30 local time, reports Haveeru.

17:13 – Safari boat operator Danielle Clayton, currently on her vessel in Dhaalu Atoll, said that she and her crew had not experienced any adverse conditions since the country issued a tsunami warning this afternoon.

“We first found out about the situation from Facebook, but since then we have come into the atoll with a number of other [live-aboard] boats,” she said.

Clayton added that they had been visited by the coastguard and remained in touch with other vessels for updates on the situation.

“Our crew are local guys and they have been getting in touch with people too.”

17.15 – Director General of the Department of Meteorology, Hassan Waheed, has confirmed that due to the aftershock the tsunami warning has been extended until 7.30pm local time.

17:16 – The airport has issued a statement noting that a tsunami watch “means there is the potential for a tsunami, not that one is imminent”. The airport continues to be on amber alert and “all seafarer vessels are advised to keep distance from the jetties and moor in the mooring areas located in the outer harbour area.

17:23 – The Pacific Tsunami Warning Centre has issued a fifth notification following the earthquake, scaling back the tsunami watch area to Indonesia, India, Sri Lanka, the Maldives and Diego Garcia. Estimate arrival times for a tsunami in the Maldives have now passed, but the watch period continues for two hours past the estimate (11:49GMT/16:49 local for Male’, and 11:44GMT/16:44 local for Gan).

17:29 – Indonesia’s Jakarta Post reports “small tsunamis” reaching upto 80 centimeters high have hit Meulaboh and Sabang cities in Aceh.

17:59 – The Pacific Tsunami Warning Centre has cancelled the tsunami watch alert for both the 8.6 earthquake at 1339 Male time, and the 8.2 aftershock at 1543. “Sea level readings now indicate that the threat has diminished or is over for most areas”, the centre reported.

19:45 – Director General of the Meterological Department confimed the cancellation of the tsunami watch saying: “The danger has passed. The wave was recorded mostly affecting Indonesia. There was only a small rise in our tsunami gauge.”

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Domestic violence bill “good example” of cross-party cooperation: UN

The United Nations has congratulated the passing of the bill to address domestic violence in the country, describing it a “good example” of how dialogue among different groups and cross-party cooperation can yield beneficial results to the country.

According to a statement released by the UN office based in capital Male’, “The successful vote on the Domestic Violence Bill is a testament to the passion, optimism and dedication of the political parties, ministries, non-government organisations and grassroots activists who actively worked to reach this goal.”

UN Resident Coordinator Andrew Cox meanwhile said in the statement: “The enactment of the Domestic Violence Bill into law is urgently needed in the Maldives which has a high rate of gender-related violence, particularly affecting women and girls.”

“The passage of the bill is a good example of how dialogue among different groups and cross-party cooperation can yield beneficial results to the country,” Cox noted.

A national survey on “Women’s Health and Life Experiences” conducted with the support of UNFPA, UNICEF, and WHO showed that one in every three Maldivian women aged 15-49 reported experiencing some form of physical or sexual violence at least once during their lifetime.

Meanwhile, information from Family Protection Units indicates a high prevalence of gender based violence including child abuse, and that 87% of the perpetrators are known to the survivors.

“The passage of the DV bill is in line with Maldives’ international obligations under the Convention on the Elimination of Discrimination Against Women (CEDAW). The last CEDAW Report on the Maldives underscored the urgent need to address gender-based violence in the country, to put in place the appropriate legislative frameworks for prevention and protection, and the building of stronger protective services for women and children. ” the statement reads.

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Hopes of victims renewed as parliament passes domestic violence bill

The Maldives parliament yesterday passed a much awaited Domestic Violence Bill which for the first time will provide legal provisions to protect victims from domestic abuse through protective orders and improved monitoring mechanisms.

The bill received broad cross party support when it was submitted by then opposition Dhivehi Rayithunge Party (DRP) in October 2011.  It was submitted in an attempt to enact  key changes to existing legislation and address societal attitudes to violence committed against women and girls within domestic circles.

Out of the 54 MPs present at Monday’s parliamentary session, 50 voted in favour of the bill, while two members, including Jumhoory Party MP Ibrahim Muththalib and MDP MP Mohamed Gasam voted against it. Two MPs abstained from the vote.

The passage to endorsement took over an year longer than anticipated, mostly due to the resistance from several MPs who had argued the bill was “un-Islamic” and criticised it for “unduly favouring” women while at the same time making life “extremely difficult” for men, who they said, were wronged by women.

Independent MP Mohamed Nasheed, who re-drafted the bill during the committee stage, noted in an interview with Minivan News today that several MPs had proposed amendments during the committee stage to revise clauses they deemed were in contravention to Islam.  However, these proposed amendments failed due to the lack of support, he added.

Nasheed insisted that the bill is actually “gender neutral” and provided equal protection to “everyone in a domestic relationship” including husband and wife, family and non-family members such as house-helps.

He added, “The argument for women is generated as a larger segment of the vulnerable victims include women and girls”.

A Ministry of Gender and Family study – the first comprehensive nationwide survey of domestic violence in the Maldives – showed that one in every three women between the ages of 15-49 has been a victim of domestic violence.

The study suggested there was general acceptance of domestic violence across the country and among both sexes, who perceived it as being ‘normal’ or ‘justified’.

Seventy percent of Maldivian women believe, for example, that there are circumstances under which a man is justified in beating his wife. Infidelity and disobedience, most women accept, are valid reasons for taking a good beating from the husband.

A majority of women also accept that they have a subordinate role to men, the report stated among it’s conclusions.

The survey added that one in every three Maldivian men who commit acts of domestic violence against women do so for ‘no reason’. One in four does it to punish the woman for disobedience, and one in five does it because he is “jealous”.

One in every ten men beats up his partner because she refuses him sex, and the rest of them do it for any number of reasons  – lack of food at home, family problems, because they are broke or unemployed, because they are having problems at work, or because the woman is pregnant

The new legislation passed this week is designed to offers a holistic and effective legal framework for addressing domestic violence in Maldives. It aims to do this by providing sweeping powers to regulatory authorities to expedite investigations of abuse within private spheres, makes provision for protection orders and legal remedies for victims; punishments to perpetrators who violates the court orders; psychological and rehabilitative services for victims or perpetrators, and processes for promotion of reconciliation.

Offences and Protective Remedies

According to the legislation, sexual, physical and emotional abuse of victims, economic and psychological abuse, intimidation, stalking and harassment, deliberate damage to property of the victims are all considered offences and perpetrators are subjected to the punishments and court orders under this legislation.

A husband who deliberately impregnates a wife seeking a divorce from an abusive marriage, or impregnates her despite the known health risks will also be committing an offence under the legislation.

However, MP Nasheed observed the stated offences in the Domestic Violence Law are considered “civil offences”, but it does not prevent the criminal prosecution of the perpetrator under penal code and other relevant legislations.

The legislation also offers several civil remedies for alleged victims to protect themselves and families from further abuse from assailants through protective orders, restraining orders and custody/maintenance orders.

The protective orders include “certain things that cannot be done or acts from which the victims are protected,” Nasheed explained.

The restraining order meanwhile prohibits an alleged perpetrator from committing specific acts pertaining to the complaints. For instance, where the perpetrator and the victim share the same household, the court can restrict the victim from “entering and exiting their private dwelling, place of work, employment, teaching, learning or any other commonly visited place.”

Meanwhile, in the event a wife applies for a protection order, the bill gives courts the authority to evict the husband from the residence, if the need arises.

The court can grant a three-month provisional order without a trail or to the knowledge of the alleged perpetrator while he or she is given the right to challenge the order during the trial to make the order permanent.

Violations of these orders are constituted as a criminal offence and the perpetrator is subjected to a maximum fine of Rf50, 000 and maximum three years of imprisonment.

Police and Family Protection Authority

Under the legislation, in cases where the police has reasonable evidence to believe a person is a victim of domestic abuse, the police can enter the place of crime without a court order and arrest perpetrators.

It also mandates the police to transfer the victim from the abusive environment to a secure location, if necessary with their own expenses.

“Once the legislation is ratified, the police must decide and announce protocols to address domestic violence cases, assess the level of damage to the victims and if necessary remove the victim from abusive environment and give shelter,” Nasheed noted. “Once these protocols are activated, [police] don’t wait to decide who takes care of the expenses.”

Police media official Hassan Haneef said today that the police will comment on the legislation after a thorough study.

Health professionals and care workers are subjected to statutory obligations to report and act on suspected domestic violence cases.

Meanwhile, an institution named “Family Protection Authority” (FPA) must be established under the legislation with the primary mandate to implement the legislation and create awareness.  The authority must establish easy mechanisms among other responsibilities, to allow victims to report abuse, provide psychological and rehabilitative services for victims and perpetrators, and processes for promotion of reconciliation.

According to Nasheed, the existing Department of Family and Child Protection Unit under the Health Ministry is likely to “ripen into the full fledged institution [FPA]”.

The Gender Department had earlier echoed concerns over the lack of a budget required to implement the legislation and asked the parliament to pass it with the necessary budget.

However, Nasheed responded although a budget has not been allocated under the legislation it does not” prevent the legislation coming from into being” and added that once the law is passed, it “gives the authority the right to charge the consolidated fund.”

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Judge declares previous defence statement a “confession” in Kuredu quad-bike case

The Criminal Court has held the third hearing into the trial of 23 year-old Swedish national Filip Eugen Petre, who stands accused of crashing a quad bike on Kuredu Island Resort that resulted in the death of a young newlywed British couple during their honeymoon vacation.

Petre faces charges of disobedience to order for his alleged role in driving the quad bike at the resort on August 6, after it crashed into a tree whilst carrying British nationals Emma and Jonathan Gray.

As the trial resumed today, the prosecution argued that Petre’s lawyer had confessed during the last hearing that his client had been driving the quad bike as it crashed – a view backed by presiding judge Judge Abdul Baary Yousuf.

According to Article 88 of the Penal Code, disobedience to order is a crime and according to Article 88(c), if the result of violating the article is linked to a death, the case shall be dealt accordingly to Islamic Sharia.  The prosecution has previously contended that under Islamic Sharia, if an offender’s action is found to caused the death of a person, the offender shall be punished.

Judge Abdul Baary Yousuf declared in court today that Petre’s lawyer had himself confessed during the trial’s first hearing that his client had driven the quad bike carrying Emma and Jonathan Gray as it crashed on the tourist property.  As a result of this confession, the judge said the state did not have to produce any evidence to prove Petre was the driver of the vehicle during the collision.

Representing the prosecution, State Attorney Aishath Fazna also contended that because Petre had “confessed” to driving the Quad Bike, she did not believe the state had to produce evidence to support this assumption.

However, Petre’s lawyer Areef Ahmed responded that his client had not directly confessed to driving the quad bike and argued that his client continued to deny the charges against him.  Areef additionally claimed that the judge could not declare a verdict regarding the alleged confession during the previous hearing.

Areef contended that his confession could be withdrawn before the case reached to a conclusion, but the state attorney argued that after confessing in the trial there was no way it can be withdrawn.

Previous hearing

In the previous hearing of the trial, Petre’s lawyer told the court that the couple requested Petre drop them at their room, and that the court had to determine the responsibility of Petre in the incident.

However, the state attorney said at the time that witnesses saw Petre asking the couple whether they wanted a ride.

Petre suffered injuries in the accident and was brought to Male’ for medical treatment.

The first hearing of the case was held last Thursday.  During the intial hearing, Petre’s lawyer Areef Ahmed contended that his client could not be charged under Islamic Sharia because his client is non-Muslim.

He told the judge that the crime Petre was accused of committing was carrying people on a vehicle which was not intended to carry passengers, and that his criminal actions started from that moment.

Judge Abdul Baary Yousuf asked Areef to explain this action of his client, to which Areef replied that this was the normal procedure at the resort.

Under the Maldivian constitution, Sharia is turned to by the courts in areas established law does not cover.

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