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Volvo Ocean Race boats skirt pirates, set sail for China

Six Volvo Ocean Race boats set off for China from the Maldives on Sunday, January 22, to complete the second of the race’s three legs. The boats first set sail from Spain in early November 2011.

The boats–allegedly worth several millions of dollars–were brought to the Maldives by an armed ship from the United Arab Emirates in order to avoid the piracy threats of the Indian Ocean. It was the first time in the 38-year-old offshore race’s history that the boats had been shipped, reports Haveeru.

The choice of the Maldives as a safe port was kept secret until Saturday morning. Race staff and team members had previously signed a non-disclosure document to guarantee boats’ security, according to security experts’ advice.

The next leg takes competitors over 3,000 windy and hazardous nautical miles through the Malacca Strait and into the South China Sea. The crews expect to arrive in Sanya, Hainan Province in China next week.

According to local media the boats rankings are currently Telefonica (Spain) 71, Camper (Spain/New Zealand) 64, Groupama (France) 51, Puma (United States) 36, Abu Dhabi 31, and Team Sanya (China) 11.

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Lawyers forward Chief Judge’s case to International Criminal Court

A group  of lawyers have forward a case concerning the government’s arrest and detention of Criminal Court Chief Judge Abdulla Mohamed’s by military forces has been forwarded to the International Criminal Court (ICC).

The Maldives became a member of the ICC after acceding to the Rome Statute late last year.

According to the Rome Statute, “the jurisdiction of the [ICC] shall be limited to the most serious crimes of concern to the international community as a whole”, notably genocide, crimes against humanity, war crimes and crimes of aggression. The ICC does not deal with small cases, even if the victims may be in the hundreds.”

The case was forwarded by a group of lawyers contesting the conditions of the judge’s arrest and detention at a Maldives National Defence Force (MNDF) training facility on Girifushi.

Maumoon Hameed, a member of the legal team, said the case was submitted “as the continued detention of Judge Mohamed is in clear violation of the International Convention on the Protection of all Persons against Enforced Disappearance.”

Hameed told local media that ICC prosecutor, Luis Moreno-Occampo, would investigate the matter. Minivan News is currently waiting for a response from the ICC.

The judge was arrested by MNDF forces upon police request after he attempted to block his own police summons in the High Court. Allegations against him include corruption, political bias and poor professional conduct, such as requiring underage victims of sexual abuse to re-enact their experiences during court hearings.

MNDF did not release details of the judge’s whereabouts for 48 hours following his arrest, prompting the opposition to define the act as “enforced disappearance”.

The military has not complied with High and Supreme court orders to release the judge. Officials from the military and police forces were today questioned on the matter by Parliament’s 241 Committee for safety and security, and further hearings are pending.

Opposition parties have claimed the judge’s detention as a ‘crime against humanity’, leading to a string of increasingly violence protests since last week. Over 40 people have been arrested in the past four days, and several individuals have been sent to the hospital.

Opposition Dhivehi Quamee Party (DQP) President Ibrahim Shareef termed the arrest an inhumane “kidnapping”, while Vice President Dr Mohamed Waheed surprised the govenrment by expressing shame over the action calling it “the first possible violation since the dawn of democracy in our country”.

The European Union (EU) also expressed concern over the judge’s arrest in a statement in which it encouraged all parties to “act in accordance with these [democratic] principles and to refrain from inflammatory language or other action which could incite hatred.”

Acting on these and other concerns, Human Rights Commission of Maldives (HRCM) last weekend visited the judge on Girifushi and reported that he was in good health and conditions, drawing criticism from the opposition for allegedly “backing down” from its duties.

Meanwhile, the government has maintained that the judge’s arrest was lawful and that invoking the term ‘crime against humanity’ is only a political strategy.

“The government of Maldives is taking appropriate action in extraordinary circumstances involving allegations of serious corruption and gross misconduct by a senior judge. Public statements seeking to define his detention as a human rights issue are part of the web of protection which surrounds Judge Abdulla Mohamed,” said a government legal source.

Citing the ICC’s Rome Statute, the legal source has noted that “detention of a person can only be construed as a ‘crime against humanity’ if that detention is committed by a State as part of a widespread systematic attack on a civilian population, and if that detention is followed by the refusal to acknowledge the deprivation of freedom, and or to give information on the fate or whereabouts of that person with the intention of removing the person from the protection of the law for a prolonged period of time.

“The detention of Judge Abdulla Mohamed is not part of a systematic attack on a civilian population and the government has acknowledged his detention to both his family and the public at large,” the source stated.

The source described the allegations against the Chief Judge as “of serious concern to the Maldivian government and community” and claimed to hold evidence of “gross misconduct” against the Judge.

In particular, the government claims that the judge exercised “undue influence” over at least one member of the Civil Court to prompt a ruling against the Judicial Services Commission’s (JSC) investigation of the Judge last year.

Observing that the High and Supreme courts remained silent during the affair, the government accused the judge of “tacit acceptance of a ploy to prevent the JSC from exercising is powers under the constitution.”

Furthermore, by accepting the Civil Court’s ruling the JSC indicated its own subscription to biased input, the source claimed.

Speaking today to Minivan News, in his own capacity, opposition Progressive Party of the Maldives (PPM) member Abdul Rasheed Nafiz endorsed the gesture of sending the case to the ICC.

“Right now, this is a legal argument. The opposition says the military cannot arrest judges, and the President says he has the authority as commander-in-chief. The Supreme Court tried to resolve the matter but it has had some problems. We need a mediator, and now it’s time for the international community to get involved”, he said.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Speaking to Minivan News in September, President’s Press Secretary Mohamed Zuhair said it was important for the Maldives to have access to an international judiciary

“This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said, while an ICC official hoped membership would help the Maldives proceed with judicial reform.

Towards that end, the Foreign Ministry has requested an international legal delegation from the United Nations’ Human Rights Commission to help resolve the current impasse in the nation’s judicial system.

Meanwhile, former President’s Member on the Judicial Services Commission (JSC), Aishath Velezinee, today told Minivan News “I would like it if the ICC were to accept this. Not because of Abdulla Mohamed, but because it will mean they will have to look into why he was taken.”

Velezinee has accused the opposition of subverting the judiciary for political purposes, with the aim of protecting their supporters from prosecution and retaining control over the judges as previously held by the former Ministry of Justice.

“It was a coup,” she told Minivan News today. “Now they are asking the Supreme Court to investigate – the same Supreme Court which has asked the authorities to investigate people who criticise the judiciary. No single person has criticised the judiciary more than me – and I say this because I have all the evidence, and all the papers.”

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PPM still asking for Chief Judge’s release as violent protests continue

Police and Maldives National Defence Forces (MNDF) last night arrested 19 people during a violent protest outside the Maldives Monetary Authority (MMA) building near Republic Square, in which four police officers received minor injuries.

“The protest became violent when people started throwing bricks and other things,” said police Sub-Inspector Hassan Haneef. “We tried to disperse them, and the protest spread throughout Male’ city.” Haneef said the protests continued until 1:25 am on Monday morning.

‘Sandhaanu’ Ahmed Ibrahim Didi, a council member of minority opposition Dhivehi Quamee Party (DQP), has been released. The other 18 individuals remain in custody.

However, Mulaku MP Abdulla Yameen was summoned to police headquarters this morning for questioning in regards in to an ongoing investigation. Local media reports that Yameen was due to leave for Sri Lanka this evening to meet foreign diplomats.

Police officials estimated that between 300 and 400 individuals associated with political opposition parties participated in last night’s protest, part of a trend which began when several opposition figures were detained for “hate speech” against the government nine days ago. Opposition-led protests demanding freedom of expression escalated when Chief Judge Abdulla Mohamed was arrested by military forces seven days ago, shortly after he declared the arrest of the politicians unlawful.

Sub-Inspector Haneef said the protests were “of a high concern to the Male’ police service”, observing that last night’s protest was part of a developing trend of increasingly violent demonstrations.

Stating that military forces are prepared to assist police upon request, MNDF spokesperson Major Abdul Raheem added that “anytime there is violence it is a big concern of ours. We are always on alert and want to make sure Male’ is safe for residents.”

Meanwhile, the Security Services Committee (241 Committee) questioned MNDF Chief Major General Moosa Ali Jaleel and Police Commissioner Ahmed Faseeh  regarding the detention of the chief judge and the string of protests.

Local media reported that further hearings will be held. However, Minivan was unable to confirm the report with members of the 241 Committee at time of press.

Concerns about the protests were raised at Parliament’s National Security Committee last week by PPM MP Ahmed Mahlouf.

According to Committee Chair and MDP MP Ali Waheed, Mahlouf subsequently withdrew the case “because he didn’t want (MDP MP) ‘Reeko’ Moosa Manik to be involved, and he didn’t like the way the investigation was going.”

“We offered dialogue, because we don’t want to stop work, we want to be democratic. In a committee we should be able to have dialogue and make a solution. But the opposition is trying to disrupt the process and make trouble everywhere in the country so the government can’t focus,” Waheed claimed.

Stating that the protests “are an issue of national security”, Waheed warned that disrupting committee procedures were “a means to an end.”

“Right now there are many ways to terrorise a country. Some use guns and bombs, some use language, and even now the way [former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives] is acting is a type of terrorism – they are trying to stop the whole system”, he said, observing that as the protests carry on with blocked roads and vandalised homes, “Male’s roads should not be used only by PPM.”

PPM MP Mahlouf had not responded to phone calls at time of press. However, party member Abdul Rasheed Nafiz said he understood that Mahlouf’s case was voted down during a committee session when MP Yameen was absent, and did not believe that the National Security Committee had the mandate to address the protests.

Nafiz said the protests were important for public expression however he believed the response was overblown.

“Police and military forces are both involved, which is a concern. Force is not required, when these people are gathering they keep silent until the police decide to disperse the crowd,” he claimed.

Acknowledging that a regulation prohibits demonstrations after midnight and at certain locations – such as Republic Square, located next to the MMA building – Nafiz pointed out that “neither side has obeyed that regulation, and even a small regulation can’t limit the freedoms granted in the Constitution.”

During his time as a Parliament member, Nafiz said, he suggested regulations on public protests “because Male’ is a small place and people are saying things that are hard for families and small children to hear. We have a culture and a religion to respect as well. But at the time the proposal was attacked and now people can hold protests when and where they like.”

Nafiz said he believed restoring peace “depends on the chief judge’s release.”

“Opposition parties are willing to bring an end to the protests through negotiation, but the government should release the judge first,” he said, noting that a group of lawyers had today forwarded the case to the International Criminal Court (ICC), of which the Maldives recently became a member.

“This is really a legal issue, and a mediator is needed. The question is ‘who’. Now is the time for the international community to get involved”, he said.

Yesterday, the Ministry of Foreign Affairs announced that it had requested an international legal delegation from the United Nations’ Human Rights Commission to assist the Maldives.

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MDP vows to pressure Supreme Court if it fails to investigate Abdulla Mohamed

Maldivian Democratic Party (MDP) Vice President and MP Alhan Fahmy met on Sunday with Chief Justice of the Supreme Court, Ahmed Faiz, presenting two cases against Chief Judge of the Criminal Court Abdulla Mohamed and demanding the cases be concluded in 48 hours.

Before going to the meeting Alhan met with the press and said that he will present two cases relating to Abdulla Mohamed: one regarding the Civil Court’s ordering the judicial watchdog – the Judicial Service Commission (JSC) – to delay taking action in a judicial misconduct case against the chief judge, and a second regarding the High Court’s ruling that he did not have to obey police summons on January 16.

The latter ruling led to police requesting the Maldives National Defence Force (MNDF) assist in the arrest of Abdulla Mohamed, and his subsequent detention on the MNDF training facility of Girifushi where he remains.

Alhan told press outside the Supreme Court after meeting with the chief justice that the MDP would put pressure on the Supreme Court if it did not conduct the cases.

He then told a group of MDP supporters waiting for him outside that if the Supreme Court did not conclude the case in 48 hours, the MDP would “raise its voice”.

The whereabouts of Criminal Court Chief Judge Abdulla Mohamed following his arrest were not revealed until January 18. The MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz has joined the High and Supreme Courts in condemning the MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

According to government officials, military assistance was sought for reasons of national security. Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged.

Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

Defence Minister Tholhath Ibrahim Kaleyfan has said police had sent a letter to the armed forces on Monday, January 16, “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

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Chamber of Commerce VP stabbed by two men on motorcycle

A pair of men have stabbed the Vice President of the Maldives National Chamber of Commerce and Industries (MNCCI),  Ismail Asif, near private Radio Station SunFM.

Speaking to Minivan News from ADK Hospital, Asif said the two men came up on a motorbike and stabbed him twice in the back.

‘’They were two very young persons, they just stopped and stabbed me. I was shocked to see there was no fear on their face, they were not covering their faces or anything, I mean it was broad daylight,’’ Asif said. ‘’They did not say anything to me and I have not received any threats or warnings, so I do not what it is about.’’

Asif said the two men must have been following him for a long time, because he said he was not stabbed at a place he goes to regularly.

‘’I came out from a meeting at the Maldives Monetary Authority (MMA) and went to drop this friend and right before I turned to leave they came up and stabbed me,’’ he said, adding that it was a “complete shock”.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News that the incident was reported to police at about 3:25pm.

‘’We have information that Asif was attacked with a sharp object and that he is currently at the hospital,’’ he said, adding that investigation was ongoing and declining to provide further information.

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MBC requests police protection for media personnel and property

The Maldives Broadcasting Commission (MBC) has requested police protection for broadcasting stations, media equipment and journalists following recent attacks during political protests on capital Male’.

MBC has discussed the issue directly with police officials and has submitted an official letter detailing the request, reports local media.

MBC President Badhuruh Naseer condemned the threats and attacks made on media personnel last weekend, citing the rights of journalists as guaranteed under Article 28 of the Constitution in defense.

Maldives National Broadcasting Corporation (MNBC) staff and property were also attacked during the protests.

A press release from the President’s Office today declared the government’s commitment to a free media “absolute and unwavering”.

Last week, Maldives media authorities raised alarms when the Minister of Transport and Communication Adhil Saleem claimed that broadcasting licences of media stations “misleading the public” would be revoked.

Adhil later said he only meant to advise the media on the matter, not to issue a threat.

Rejecting accusations that the “advice” was a threat, President’s Press Secretary Mohamed Zuhair noted that Saleem merely pointed out that certain TV news channels had acted unprofessionally when airing footage of recent protests.

“President Nasheed’s administration never has and never will do anything to undermine the independence, integrity or professionalism of the media,” he said.

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Government requests international legal assistance to clean up judiciary

Following a protest-packed weekend during which politicians were attacked and journalists threatened, the Foreign Ministry has requested a senior international legal delegation from the United Nations Human Rights Commission (OHCHR) to help resolve the current judicial crisis in the Maldives.

“We have been working to improve the judiciary since we came to power, but we have not succeeded. We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” said Foreign Minister Ahmed Naseem.

The request was made following conversations with UN officials last week. According to a press statement, the delegation would be asked to help resolve “the immediate issues surrounding the detention of Justice Abdulla Mohamed, the Chief Judge of the Criminal court, and also the longer-term problems facing the Maldives’ judiciary and the failure of judicial accountability mechanisms under the Constitution.”

Following the detention of minority opposition Dhivehi Quamee Party (DQP) leaders, who had accused the government of behind-the-scenes dealings with Israel and Christian priests, and the arrest of Judge Abdulla Mohamed by military forces after he attempted to block his own police summons in the High Court, opposition party members took the streets last week in protest. DQP meanwhile approached various foreign embassies claiming their freedom of speech was being impinged.

In a statement released on Friday the European Union (EU) Heads of Mission in Colombo expressed concern over the judge’s arrest and “[called] on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

In response the Foreign Ministry cited the government’s efforts to reform the judiciary and oppose the use of hate speech, reiterating its interest in continued relations with the EU.

Stating that “the diplomatic community has received inaccurate information” regarding the political situation in Male’, the Foreign Ministry said it had delivered “accurate information” to foreign missions last week. Officials say those missions had received the news positively, had asked that “racial rhetoric” be stopped, and had not expressed concerns over the judge’s arrest.

Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Naseem said the commission’s shortcoming are “now an issue of national security.”

In its statement the Foreign Ministry contended that “since its establishment the JSC has been unable to fulfill [its] constitutional mandate. For example, during the whole of 2010 the JSC failed to take action on any of the 143 complaints submitted to it. On the one occasion in late 2011 when the JSC did find that a judge (Justice Abdulla Mohamed) had failed to comply with the required standard of conduct and had been acting in a manner amounting to gross misconduct, the Civil Court issues an order (26 November 2011) preventing the proceedings.

“With that order, the Civil Court effectively removed the constitutional powers of the JSC. The JSC was made powerless by the very same people (judges) that it is supposed to oversee.”

In communications with the OHCHR the Foreign Minister said the Civil Court’s action highlighted “a systemic failure of the judicial checks and balances foreseen in the Constitution. This systemic failure led directly to the President’s decision [to arrest the judge].”

Parliament’s Independent Institutions Committee has been tasked with investigating the JSC’s “failings”. According to committee member Independent MP Mohamed Nasheed, hearings and interviews have been concluded and possible reformation of the JSC has been discussed.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he said.

Nasheed added that a provision allows for the appointment of foreign judges during the first 15 years of the new Constitution. Naseem said the requested delegation did not necessarily fall under the provision, but rather was expected to provide guidance according to the local situation.

Specifics of the delegation are unknown as the request was only recently made, however Naseem explained that “the planning and appointment process takes time, as we need individuals qualified to stay here for a long period of time.”

“We hope that with the help of Islamic judges the Maldives judiciary would be improved”, he said.

While representatives from opposition Progressive Party of the Maldives (PPM) could not be reached at time of press, Mulak MP Abdulla Yameen yesterday said the President has no authority to “meddle with” or enforce the nation’s judicial system, local media reported.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ibrahim ‘Mavota’ Shareef today said “DRP will welcome any international participation to solve the situation at the moment.”

Shareef asserted that the Constitution is not in crisis, “only that President Nasheed has violated it. We’re very sure that the international delegation would hold him accountable because there is no way that President Nasheed is justified in what he is doing.”

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JSC is the right authority to investigate Chief Judge: Vice President

Vice President Dr Mohamed Waheed has requested the Judicial Service Commission (JSC) suspend Criminal Court Judge Abdulla Mohamed from the bench while complaints against him remain standing.

“Male’ is in crisis and many are being affected, property is being damaged,” he said during a press conference today at the President’s Office, requesting opposition parties and politicians end their political bickering and “give time” to sort out the judiciary.

Judge Mohamed was arrested on Monday, January 16 by the Maldives National Defence Force (MNDF) following a request by police, and is being held in a military training facility on Girifushi. The Vice President this weekend expressed his discontent with the government’s detention of the judge drawing complaints from public officials.

“[I am] ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President,” Dr Waheed wrote on his blog.

“Besides all the international legal obligations, the government of the Maldives is bound by the Maldives Constitution 1988 which prohibits arbitrary arrest and forced disappearance. We have just witnessed the first possible violation since the dawn of democracy in our country. I cannot understand why this is not an issue for everyone in this country,” he explained.

The European Union has also chosen to “reiterate their support for the process of democratic transition in the Maldives and note the importance of the principles underlying that transition, including respect for the constitution, due process, independence of the judiciary, the rule of law and freedom of expression are central to this process,” read a statement.

The President’s Office maintains that the arrest was made lawfully, and that constitutional reform is not a major concern. “At the moment the Constitution is not in crisis, the President is fulfilling his role as a guardian to uphold the Constitution,” said Press Secretary Mohamed Zuhair.

President Nasheed yesterday urged the JSC to investigate complaints against members of the Judiciary and take due disciplinary actions, including recommendations for dismissal, as obstructions to justice are a threat to national security and public safety.

While Dr Waheed’s position came a surprise to the ruling party, he said he has “had discussions with President [Mohamed] Nasheed and expressed my views. I am very sorry if my comments have disappointed anyone,” he said, but insisted that they were “sincere and impartial”.

Judge Mohamed was last year charged with professional misconduct, and was consequently to be investigated by the JSC. However, the Civil Court ruled against the JSC’s investigation.

Minivan News asked whether this raised concern that the JSC could not be depended on to carry out a fair investigation.

“I believe the JSC is the right authority to investigate this case”, he said, indicating that suspending the judge would prevent a repeat of last year’s events, “because as you can see [keeping him on the bench during questioning] has created more disruption than we all had bargained for.”

Urging cooperative dialogue and noting that “conflict resolution is not a new thing”, Dr Waheed made three recommendations to resolve the current political crisis: release the judge, end the ongoing opposition-led protests in Male’, and require the JSC to fulfill its duties.

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MDP to file cases against Abdulla Mohamed with Chief Judge Supreme Court

The Maldivian Democratic Party (MDP) has said it will file two cases with Chief Justice of the Supreme Court Ahmed Faiz, against Chief Judge of the Criminal Court Abdulla Mohamed.

One case appeals the High Court injunction against the summoning of Abdulla Mohamed by police last week, which led to police requesting the military conduct the arrest of the judge.

MDP MP Alhan Fahmy was reported as saying in Haveeru that the Supreme Court had authority to investigate the issuing of that High Court injunction.

He claimed to have been turned away from meeting the Chief Justice this morning and told to return in the afternoon to file the cases, while lawyers Azima Shakoor and Shaaheen Hameed were granted meetings late at night without prior appointment.

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