Author: Ahmed Naish

Former police commissioner calls for independent inquiry into jailbreak

Former Commissioner of Police and Jumhooree Party (JP) MP Abdulla Riyaz has called on the government to form an independent commission of inquiry to look into the escape of two convicts from Maafushi jail on Friday (October 17).

“I believe the [escape] of those who should be kept apart from society was due to the failure of an institution to properly fulfil its legally mandated responsibility,” Riyaz said during debate on an urgent motion submitted by Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy at today’s sitting of parliament.

The MP for Kinbidhoo also advised strengthening the prisons department and ensuring that it is able to function professionally, claiming that the post of its highest-ranking official had changed three times during the past year.

Competent persons should be appointed to such posts, Riyaz continued, adding that he had confidence in the ability of the security services to find the escaped convicts.

In an appearance on state broadcaster Television Maldives on Sunday night (October 19), Home Minister Umar Naseer revealed that investigations were ongoing to determine whether prison guards were complicit in the escape.

“Nothing we have so far found in the investigation indicates any negligence or involvement of prison guards. However, if such a thing comes to our notice, we will take immediate action,” he said.

Debate

Opposition MPs meanwhile contended that the government’s “negligence and irresponsibility” allowed the dangerous criminals to break out from a high security prison.

Introducing the motion, Imthiyaz said the Maldives National Defence Force’s (MNDF) appeal for MPs to stay in at night was indicative of the prevailing state of fear and the government’s loss of control over “terror activity in the Maldives.”

“We believe this is an alarm bell for the loss of domestic security,” the MP for Maafanu North said.

Imthiyaz’s early day motion or motion without notice was accepted for debate unanimously with 53 votes in favour, which opened the People’s Majlis floor for a one-hour debate.

Public fears over personal safety and security was “a characteristic of a failed state.,” Imthiyaz continued.

Referring to the suspected abduction of Minivan News journalist Ahmed Rilwan, Imthiyaz noted Home Minister Umar Naseer’s acknowledgement of the involvement of gangs in Rilwan’s disappearance.

Weeks before Rilwan went missing, Imthiyaz said MDP had alerted the government to the actions of a vigilante group who abducted several young men in June.

The release of suspects who attacked an MDP rally in Addu City was a further sign of the state of the nation, Imthiyaz continued.

“But the government said at the time that the case would be investigated with the utmost seriousness. Police were also attacked,” he said.

“They were caught redhanded from the scene of crime with their faces covered and with wooden planks and iron rods in their hands. But they were all released in less than 24 hours.”

MDP MP Eva Abdulla noted that four murders and more than 30 violent assaults have taken place since the end of Ramadan.

“Death threats have been sent to about 15 journalists and 16 MPs as well as our families,” she said.

Moreover, she added, the main opposition party’s office was torched, crude oil was thrown on the residence of former President Mohamed Nasheed, and the car of MDP Chairperson Ali Waheed’s was vandalised.

“This is the state of the country today. This is one side of the news,” she said.

On the other hand, Eva continued, media reports have revealed that police are unable to identify the source of the death threats, a suspect arrested after a machete was buried in the Minivan News office door was released by the court, and eyewitnesses to violent assaults are scared to testify in court.

Pro-government MPs meanwhile criticised the MDP government’s track record and referred to the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed, the arrests of then-opposition MPs Abdulla Yameen and Gasim Ibrahim, and inmates setting fire to the Maafushi jail on two occasions in 2009.

Hoarafushi MP Mohamed Ismail claimed that the MDP government released 700 dangerous convicts.

MP Ahmed Nihan, parliamentary group leader of the ruling Progressive Party of Maldives (PPM), alleged that the MDP formed a “big cell” within the party to create ties with inmates following the prison riot in September 2003.

Referring to the arson attacks on February 8, 2012, Nihan alleged that the MDP had “sponsored terrorism”.

While the current administration should bear responsibility for the prison break, Nihan assured that the government would control jails.

“People escape from jail in all countries of the world,” he said, adding that he was pleased some MDP MPs were willing to assist and cooperate with the government.

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MDP MP Eva Abdulla raises concern over safety of MPs, journalist with IPU human rights committee

Maldivian Democratic Party (MDP) MP Eva Abdulla met the Inter-Parliamentary Union’s (IPU) human rights committee yesterday to raise concerns over the personal safety of MPs and journalists in the Maldives.

In a press release today, the main opposition party explained that the MP for Galolhu North met members of the committee during the IPU assembly in Geneva, Switzerland and highlighted security threats to opposition politicians, the media, and the community at large.

“[Eva] spoke about the lack of thorough investigations of these cases, perpetrators not facing trial, the failure of law enforcement in the face of atrocities committed out in the open, the failure of the People’s Majlis to look into the cases, and the creation of a culture of intimidation in the Maldives,” the press release stated.

“Eva also noted at the human rights committee the lack of any action taken so far regarding police brutality against MDP MPs on February 7 and 8, 2012 and later despite conclusive evidence.”

A hearing scheduled at the Criminal Court yesterday concerning the alleged assault of MDP Mariya Ahmed Didi on February 8 by a police officer was cancelled after the defendant failed to appear at court.

Referring to the cancellation of the hearing, Eva noted that “selective prosecution” of MDP MPs were ongoing at the Criminal Court.

A hearing of former MDP MP Hamid Abdul Ghafoor’s trial took place yesterday at the court, she noted.

Eva also accused the government and parliament of failing to investigate numerous death threats sent to MPs and failing to provide security.

The IPU has previously said that the government’s reaction to the death threats would be “a test of the country’s democratic credentials.”

On the disappearance of Minivan News journalist Ahmed Rilwan, Eva told members of the committee that an independent investigation uncovered evidence suggesting that Rilwan was abducted.

Eva criticised the police’s failure to properly investigate the disappearance and contended that the case was not a high priority for the government.

She noted that parliamentary oversight committees have refused to look into the case.

She noted the arson attack against private broadcaster Raajje TV, the near-fatal stabbing of Raajje TV journalist Ibrahim Waheed ‘Asward’, the attack on Minivan News last month where a machete was buried in the building’s door, and death threats sent to journalists via text message from unlisted numbers.

Despite clear evidence in some cases, Eva noted that the government has not taken any action against the perpetrators to date.

While police arrested a 32-year-old suspect on charges of stealing Minivan News’ security camera – who was clearly identifiable on the CCTV footage – the Criminal Court released the suspect with conditions the following day.

MDP MP Imthiyaz Fahmy told Minivan News last month that death threats have become too commonplace to publicise each incident.

Following a rally in September, MDP MP Eva Abdulla received a text message threatening a suicide attack at the next MDP gathering. The message also threatened to “kill off” MDP members and vowed to “fight to the last drop of blood.”

Eva revealed on social media that she had received a text threatening to kill the children of MDP members.

“Don’t bring out your children on the streets these days. Stabbing season is about to begin. [We] will kill you,” the message read.

Eva noted that the same message was sent to many MDP members while the “govt looks on”.

Several journalist were also sent a text message warning them not to cover “the incidents happening in Malé now”, which included the torching of the MDP’s office on September 26.

“This is a war between the laadheenee [secular or irreligious] MDP mob and religious people. We advise the media not to come in the middle of this. We won’t hesitate to kill you,” read the threat.

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President Yameen’s administration has failed, contends Nasheed

No additional reporting by missing journalist Ahmed Rilwan

President Abdulla Yameen’s administration has failed to deliver on campaign pledges to improve the economy and ensure public safety, former President Mohamed Nasheed contended last night (October 11).

Speaking at a Maldivian Democratic Party (MDP) rally in Fuvahmulah, Nasheed said the government was unable to explain or show how it would create the promised 94,000 new jobs after almost one year in office.

“One of the most important reasons for the bleakness we are seeing is the lack of employment opportunities. And we cannot see a plan or project from this failed government to increase employment opportunities,” the opposition leader said.

Referring to the Special Economic Zone (SEZ) Act, Nasheed claimed foreign multi-national companies were reluctant to invest in the Maldives.

President Yameen has hailed the SEZ Act as a “landmark law” that will “transform” the economy through diversification and mitigate the reliance on the tourism industry.

The government maintained that SEZs with relaxed regulations and tax concessions were necessary to attract foreign investors and launch ‘mega projects’ for economic diversification, which would create jobs and elevate the economy to a “new production frontier.”

On the government’s pledge to provide MVR10,000 a month to fishermen during lean periods, Nasheed said fish purchasing prices have declined since the new administration took office in November.

“We are saying the [Progressive Party of Maldives’] government has failed because they are not practicing what they preach at all,” he said.

A campaign pledge to provide financial assistance to local farmers has also not been fulfilled, Nasheed added.

While the government pledged to ensure security and rehabilitate wayward youth, “we are seeing that the job uniform of youth has become balaclavas and masks,” Nasheed said.

Criminal gangs were roaming the streets of Malé, Nasheed continued, and the security services were unable to curb gang violence.

Failed centre

As the “central government has failed”, Nasheed suggested that development should be sought through local councils.

“I for one am certain that we, the people of the Maldives, cannot reach a safe shore without empowering councils,” he said.

“While President Yameen and the PPM government is failing, we are seeing the Maldivian state failing as a result. The Maldivian state is not just their government. We are also part of the Maldivian state. We cannot let this state fail.”

The system of decentralisation should be strengthened to avoid becoming a failed state, Nasheed argued, noting that the MDP had majorities in many local councils.

The MDP could serve the public through councils while remaining the opposition party, he said, by undertaking efforts to create jobs and develop infrastructure.

Of 30 councillors in Fuvahmulah, Nasheed noted that 24 councillors were elected on MDP tickets.

Nasheed observed that the fiscal deficit has ballooned to MVR4 billion (US$259 million) while the projected deficit agreed upon last December as part of a record MVR17.96 billion (US$1.16 billion) budget was MVR1.3 billion (US$84 million).

The deficit was plugged with the public’s savings at banks, he contended, expressing concern with the impact on the financial sector should the government find itself unable to pay back treasury bills.

“Third hand”

Referring to the PPM expressing concern with the arson attack on the MDP Hithadhoo South office on Friday night, Nasheed said the MDP believed either the PPM or senior government officials were behind the attacks.

If the PPM and former President Maumoon Abdul Gayoom were telling the truth about the ruling party’s involvement, Nasheed said a third party should be responsible.

“[President Yameen] is saying it is not his party or ministers that are attacking our rallies and attempting to harm us. And we are saying we are very worried about this. So there is a third party,” he said.

“Who is the third party? Who killed Afrasheem? Who abducted Rilwan? Who are sending us texts once a day threatening to kill us? Who is torching our offices and disrupting our rallies?” he asked.

Nasheed said the MDP was concerned that “the third hand” could overthrow the government.

“We are ready to remain as the opposition sincerely for five years. We are not impatient to come into government,” he said, calling on President Yameen to reveal who “the third hand” is to the public.

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Asia Pacific Forum urges president to preserve independence of HRCM

No additional reporting by missing journalist Ahmed Rilwan

The Asia Pacific Forum of National Human Rights Institutions (APF) has urged President Abdulla Yameen to ensure the independence of the Human Rights Commission of Maldives and guarantee immunity from prosecution for its members.

All five members of the HRCM are currently on trial at the Supreme Court, which has initiated suo moto proceedings against the commission on charges of undermining the constitution by allegedly including false information in its Universal Periodic Review (UPR) submission to the UN Human Rights Council.

“In expressing its considered opinion to the UPR, the HRCM is fulfilling its official and legal mandate,” reads a letter from APF Chairperson Dr Ali Ben Smaihk Al-Marri sent to President Yameen on September 24.

“With the greatest respect, we urge you to preserve the independence of the HRCM and guarantee the immunity of members of the HRCM. The APF is willing to provide you any assistance you think fit on this matter.”

The APF is a member organisation of national human rights bodies of the Asia Pacific region with a membership of 22 institutions.

In its letter, APF noted that the HRCM was “a highly valued and respected member” of the organisation and expressed “gravest concern” over the Supreme Court’s actions.

The ongoing trial was “a concerning threat to the independence of the commission,” the organisation said.

The APF referred to Article 27(a) of the HRCM Act, which grants members immunity from prosecution for “committing or omitting an act in good faith”.

Moreover, Article 27(b) states that the commission could only be sued regarding published reports following an inquiry which establishes the falsehood of a component of the report.

“In addition, the UN international standards relating to NHRIs, the ‘Paris Principles’ set out, that in terms of a NHRIs independence, competence and responsibilities a NHRI is able to ‘contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence,'” the APF letter stated.

At last week’s second hearing of the suo moto trial, Chief Justice Ahmed Faiz Hussain slammed the commission for basing its observation – that the Supreme Court controlled and influenced the judiciary to the detriment of lower courts – on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul.

Faiz said the judiciary had rejected Knaul’s report as invalid. In June 2013, the government accused Knaul of undermining the Maldives’ sovereignty and jurisdiction.

On Tuesday (September 30), the European Union (EU) delegation in Colombo and EU member states expressed concern with the Supreme Court trial undermining the HRCM’s independence.

Meanwhile, former Justice Minister Ahmed ‘Seena’ Zahir called on the public last week to speak out for judicial reform and warned of a burgeoning “judicial dictatorship.”

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Former justice minister slams “judicial dictatorship”

No additional reporting by missing journalist Ahmed Rilwan

The Maldivian judiciary is not functioning as envisioned in the revised constitution adopted in August 2008 and should be reformed, former Justice Minister and former Speaker Ahmed ‘Seena’ Zahir has said in a scathing critique of the justice system.

“If we don’t want an executive dictatorship from a dictatorship, we don’t want a judicial dictatorship either,” the former speaker of parliament reportedly said at a ceremony held on Monday night (September 29) to inaugurate an association of former students of the private Malé English School (MES).

Zahir’s criticism follows the Supreme Court initiating suo moto proceedings against members of the Human Rights Commission of Maldives over its Universal Periodic Review (UPR) submission to the UN Human Rights Council.

The Special Majlis constitutional assembly convened to amend the constitution – of which he was a member – did not envision the judiciary “meddling” in executive affairs, Zahir said.

Judges were offered tenure, job security and high pay, he noted.

He added that the judiciary was misinterpreting constitutional provisions while the mandate of judges was limited to conducting trials.

“That should be brought to an end. It won’t come to a halt by jailing those who talk about this. Someone has to raise their voices on behalf of the people,” he said.

Zahir called on the public to exercise the constitutional right to freedom of expression and raise their voices for judicial reform.

The MES senior student association could take up the call as it should be done in an academic and unbiased manner without politicisation, he advised.

Zahir – who served as justice minister in the cabinet of former President Maumoon Abdul Gayoom and participated in the ruling Progressive Party of Maldives’ (PPM) presidential campaign last year – suggested that political parties were unwilling to speak out for judicial reform.

He also noted that the judiciary would have to arbitrate and settle commercial disputes under foreign investment laws.

Such laws, however, would not serve its purpose of attracting foreign investment if the judiciary remained unreformed, Zahir contended.

Zahir advised a bipartisan effort to amend the constitution, noting that the ruling PPM and coalition partner Maldives Development Alliance had a comfortable majority in the People’s Majlis.

“And their supporters also support amending the constitution,” he said, adding that the opposition Maldivian Democratic Party (MDP) would also back such an effort as it has been advocating for judicial reform.

However, Zahir said he did not see efforts to reform the judiciary through parliament.

The purpose of amending the constitution should not be “removing A from the post and appointing B,” he added.

Suo moto

Less than two weeks before the parliamentary polls in March, the Supreme Court charged Elections Commission Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz with contempt of court and dismissed the pair under unprecedented suo moto proceedings.

Subsequent changes to contempt of court regulations made in June authorised courts to penalise individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

At yesterday’s trial against the HRCM members, Chief Justice Ahmed Faiz Hussain slammed the commission for basing its observation – that the Supreme Court controlled and influenced the judiciary to the detriment of lower courts – on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul.

Faiz said the judiciary had rejected Knaul’s report as invalid. In June 2013, the government accused Knaul of undermining the Maldives’ sovereignty and jurisdiction.

Meanwhile, in 2012, the United Nations Human Rights Council, of which the Maldives is a member, said it was “deeply concerned about the state of the judiciary in the Maldives.”

“The state has admitted that this body’s independence is seriously compromised.  The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification,” a statement read.

The Supreme Court in particular needed “radical readjustment,” the committee said. “As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment.  This must be done to guarantee just trials, and fair judgments for the people of Maldives.”

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Nigerian quarantined in Hulhumalé has no symptoms of Ebola, assures health ministry

No additional reporting by missing journalist Ahmed Rilwan

A Nigerian tourist quarantined today as a precautionary measure has no symptoms of the Ebola virus, the Ministry of Health has said.

The health ministry and Health Protection Agency (HPA) briefed the press this afternoon following media reports of a Nigerian man taken from the foreign ministry in Malé to a quarantine facility in Hulhumalé by Maldives National Defence Force (MNDF) officers in protective suits.

HPA Epidemiologist Dr Aishath Aroona Abdulla explained that the foreign ministry informed the health authorities because the Nigerian was “sick looking”.

“After inspection, the doctor at the Hulhumalé hospital said he did not have fever. He is not taking medication for anything at the moment,” she said, noting that the most important symptom of Ebola was high fever along with fatigue, headaches, and aching joints.

Dr Aroona said she questioned the patient and took his history at the Hulhumalé hospital.

“He told me that he did not have a fever or any symptoms, but said ‘I am sick because I have nothing to eat,'” she said.

As the Nigerian did not have a fever, Dr Aroona said there was no risk of people he came into contact with catching the Ebola virus.

“However, he will be observed for the next 24 hours to see if he gets a fever,” she said, adding that both the MNDF officers who transported the suspected patient and the doctor were wearing personal protective equipment.

As the Nigerian could not be considered an Ebola patient, Dr Aroona said samples would be sent to a laboratory in Pune, India for testing only if he exhibits symptoms of a fever in the next 24 hours.

Under protocols put in place in accordance with World Health Organisation (WHO) guidelines, she said if he develops a fever the patient would be treated as a suspected case until the test results return negative.

The authorities had the resources needed to treat a suspected Ebola case, she said, adding that the patient would be released with surveillance if he did not develop a fever.

Precautions taken

The Nigerian was screened upon arrival in the Maldives and entered into the HPA database, revealed Dr Aroona, explaining that visitors from countries facing an Ebola outbreak were placed under surveillance if they had been in the country for 21 days, which is the incubation period for the virus.

While 109 individuals from countries where the virus has been detected have visited the Maldives so far, Dr Aroona said 78 were placed under surveillance, of which 27 were presently in the country.

The resort or guesthouse where the tourist is staying are told to inform the authorities if a guest exhibits symptoms of Ebola, she explained.

She noted that Nigeria and Senegal were “low-transmission” and “low risk” nations with no new cases reported in the past 21 days.

“It’s very unlikely for someone who has traveled to Nigeria to contract Ebola,” she said, adding that visitors from the country were placed under surveillance as a precautionary measure.

While the countries where Ebola was rapidly spreading were Guinea, Liberia and Sierra Leone, Dr Aroona said there have been no visitors from any of these countries.

While passport holders from the three African nations have visited the Maldives, she noted that none had traveled to these countries for 21 days prior to arriving in the Maldives.

State Minister for Health Hussain Rasheed said the Maldives was following international best practices in accordance with WHO recommendations and efforts were underway to improve surveillance capabilities.

He appealed to the media to correct initial reports and provide information responsibly, noting that the Maldivian economy was dependent on tourism and could be adversely affected by alarmist news headlines.

Director General of Health Services Dr Sheeza Ali revealed that the Nigerian was in the Maldives on a tourist visa but had attempted to find work in the country.

“So we will be consulting with the immigration [department] and the tourism ministry,” she said.

The Nigerian arrived in the Maldives on September 13, she added.

Dr Aroona meanwhile said the incident would be reviewed to improve the process of isolating and testing.

The Nigerian had gone to the foreign ministry for “personal purposes,” Dr Aroona said, declining to reveal details.

According to the WHO, more than 3,000 people have died from the Ebola outbreak in West Africa while a total of 6,574 cases have been reported so far.

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Maldives backtracking on democracy, warns MP Imthiyaz Fahmy

No additional reporting by missing journalist Ahmed Rilwan

The Maldives is facing an authoritarian reversal with a corrupt judiciary, impunity for human rights abuses, and growing religious extremism, opposition Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy has warned.

In a lecture titled ‘The Maldives backtracking on democracy: human rights violations, impunity, and increasing religious extremism’ delivered last Friday (September 26) at the University of Western Australia in Perth – organised by the Centre for Muslim States and Societies – Imthiyaz stressed that the country’s problems “have nothing to do with Islam.”

“But our fear is that authorities are using few extremist individuals for their short-term political gain. This gives these few extremists a voice and influence in politics that they don’t deserve,” he explained.

“Our fear is that the lack of actions by the authorities against these few individuals could increase their influence in the society. This can be one of the biggest long-term challenges to our hopes for democracy.”

While “pundits and some ill-informed Western policy makers conclude that Islamic civilisation is in a clash with Western civilisation,” Imthiyaz argued that the “actions of a few extremists” did not warrant concluding that Islam was not compatible with democracy.

“Extremism of these individuals is not only incompatible with democracy, but most importantly for Muslims like Maldivians, Islam is not compatible with extremism,” he said.

Referring to reports of Maldivian jihadists fighting in Syria, Imthiyaz stressed that the vast majority of Maldivians were peaceful and remained “committed to the moderate values of Islam.”

Transitional justice and impunity

The turning point for the Maldives journey to democracy was the custodial death of Evan Naseem in Maafushi jail and subsequent prison shootings in September 2003, Imthiyaz observed.

Prior to the first multi-party democratic election in October 2008 following the adoption of a revised liberal constitution, Imthiyaz said the country was “ruled with an iron fist” by former President Maumoon Abdul Gayoom, whose 30-year reign was characterised by oppression, censorship, and torture.

“The judiciary used to be the instrument which endorsed all those human rights violations and injustices that took place in the country,” he contended.

The Maldives became a forerunner to the Arab Spring, Imthiyaz continued, with the defeat of the “Egyptian-like dictatorship” in the October 2008 presidential election.

The challenges faced by the first democratically-elected government included the absence of a “transitional justice mechanism” to address human rights violations of the past, an unreformed judiciary, and incompatibility of coalitions with a presidential system, he explained.

Consequently, the MDP government was toppled in a “coup d’etat” on February 7, 2012 when former President Mohamed Nasheed was “forced to resign by mutinying police and army generals backed by politicians associated with the former dictatorship.”

Imthiyaz noted the police brutality in the aftermath of the transfer of power, particularly the heavy-handed crackdown on an MDP protest march on February 8, 2012.

He also referred to Amnesty International warning that “any attempt at political reconciliation in the Maldives would be meaningless” without accountability for human rights abuses.

Imthiyaz added that hundreds of MDP members as well as leaders were facing “selective prosecution” by the state.

Despite numerous calls by the Inter Parliamentary Union (IPU) for the government to investigate arbitrary arrests, attacks and harassment of MDP MPs, Imthiyaz said “the perpetrators have been enjoying complete impunity.”

He also observed that the Supreme Court’s repeated interference in last year’s presidential polls was criticised by the UN, the European Union, and the Commonwealth.

While the apex court dismissed the chair and deputy chair of the Elections Commission less than two weeks before the parliamentary elections in March, Imthiyaz noted that the court is currently conducting suo moto proceedings against members of the Human Rights Commission of Maldives.

Referring to the UN Special Rapporteur on the Independence of Judges and Lawyers questioning the court’s independence and impartiality, Imthiyaz said the Supreme Court was widely perceived as “as an instrument of partisan revenge than as a forum for impartial justice.”

Threats to MPs

The “growing threat” to MPs was another challenge for democracy, Imthiyaz continued, referring to the brutal murder of MP Afrasheem Ali – which police investigated in a “politicised” manner – and the stabbing of former MDP MP Alhan Fahmy.

“Death threat messages have been pouring on MDP MPs mobile phones. Yet the authorities do not seem to care at all,” he said.

The IPU has said that the government’s reaction would be “a test of the country’s democratic credentials.”

Imthiyaz noted that the Maldives dropped to 108th place in the RSF Press Freedom Index for 2014.

While the perpetrators behind the arson attack on Raajje TV last year have not been prosecuted, Imthiyaz said police have not conducted “a proper investigation” into the disappearance of Minivan News journalist Ahmed Rilwan and were “unable to establish whether they are now investigating a missing person case, or an abduction case or a murder case.”

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President Yameen pledges 24-hours electricity to all inhabited islands during 2015

Reliable electricity for 24 hours will be provided to all inhabited islands during 2015, President Abdulla Yameen pledged at a ceremony held last night to inaugurate the distribution of 77 generators by government utility company Fenaka to the atolls.

In addition to the 77 generators, President Yameen said the Fenaka Corporation has procured 60 generators.

“God willing, all these engines will be commissioned next year and all the equipment needed for the engines and the distribution network has now been brought,” Yameen said.

When distribution of the power generators is complete around mid-2015, President Yameen said electricity for 24 hours would be assured for the entire country “for the first time in Maldivian history”.

Aside from the 170 islands covered by Fenaka, Yameen noted that the State Electricity Company (STELCO) was already providing electricity to other inhabited islands with larger populations.

Assuring electricity service across the country was “not a small accomplishment,” he added, expressing gratitude to the Fenaka management team and CEO Mohamed Nimal.

Fenaka was established in June 2012 by former President Dr Mohamed Waheed after dissolving seven provincial utility companies formed by his predecessor.

The 77 new generators were procured for US$5.9 million from China’s FuJian Yanan Power, including 40 generators of 160 -200 kilowatts, 24 generators of 250-300 kilowatts and 13 of 500 -1000 kilowatts.

Cables required for the project were purchased from Sri Lanka’s Kelani Cables Company for US$33.9 million

A contract for the distributional boxes for the project was awarded to local Power Engineering company for approximately US$ 16.9 million in July.

In July, opposition Maldivian Democratic Party MPs objected to frequent power cuts in their constituencies, including Addu City, Noonu Velidhoo and Laamu Gan.

Yameen meanwhile said efforts were underway to provide electricity services at an affordable price, which includes making arrangements for purchasing oil and generating electricity from renewable sources.

Following a visit by Indian Foreign Minister Salman Kurshid in February, the Indian government pledged to supply petroleum products “on favourable terms.”

Yameen also said state-owned enterprises (SOEs) should be “integrated with the government’s mainframe policy,” which would ensure that government-owned companies cooperate, work towards common goals and implement the Progressive Party of Maldives’ (PPM) manifesto.

The new administration sought to identify “inherent problems” with the government companies and improve interfacing and networking.

While the boardroom would have autonomy to manage the company, Yameen revealed that a group of ministers have been tasked with coordinating among the companies.

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UPR report shared with judiciary before submission, says HRCM at Supreme Court trial

The Human Rights Commission of Maldives (HRCM) shared its Universal Period Review (UPR) report with the Department of Judicial Administration (DJA) and sought feedback ahead of submission to the UN Human Rights Council, the commission’s lawyer told the Supreme Court today.

The DJA – which functions under the direct supervision of the Supreme Court – did not respond to the request for commentary on the report or object to its content, the lawyer noted at the first hearing of the trial.

All five HRCM members are on trial after the apex court initiated suo moto proceedings in relation to the UPR report, which suggested that the Supreme Court’s control over the judiciary was undermining powers of lower courts.

At the beginning of the hearing, Chief Justice Ahmed Faiz Hussain reportedly said that the HRCM’s report contained false and misleading information concerning procedural matters of the judiciary.

The suo moto proceedings – which allows the court to act as both prosecution and judge – were initiated to hold the commission’s members accountable under Article 141 of the Constitution, Article 9 of the Judicature Act, and Supreme Court regulations, the chief justice said.

Article 141(b) states, “The Supreme Court shall be the highest authority for the administration of justice in the Maldives.”

Article 141(c) states, “No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts,” while section (d) states, “Persons or bodies performing public functions, through legislative and other measures, must assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.”

The commission’s attorney Maumoon Hameed explained that each UN member state was required to submit a report for the UPR.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs and human rights commissions. The Maldives’ review is scheduled to take place in April or May 2015.

In a press release today, the HRCM said it submitted as evidence information regarding the UPR process as well as commentary received from various state institutions.

“At today’s hearing, the commission requested an opportunity to submit further information and evidence,” the press release stated.

“The Supreme Court adjourned today’s hearing. The commission has not yet been informed of a date for the next hearing.”

The next hearing has since been scheduled for 1:30pm on Sunday, September 28.

Noting that Supreme Court decisions could not be challenged as it was the highest court of appeal, Hameed had, however, asked for five working days to prepare a defence.

Control of judiciary

Less than two weeks before the parliamentary polls in March, the Supreme Court had charged Elections Commission Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz with contempt of court and dismissed the pair under unprecedented suo moto proceedings.

Subsequent changes to contempt of court regulations made in June authorised courts to penalise individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

Meanwhile, in a press statement yesterday, the opposition Maldivian Democratic Party noted that under Article 27 of the HRCM Act a case could only be filed against the commission regarding published reports following an inquiry which proves components of the report to have been false.

In its UPR report, the HRCM stated that the Supreme Court’s control of the judiciary was weakening judicial powers vested in lower courts.

“Supreme Court issued a circular ordering all state institutions not to communicate to individual courts regarding any information relating to the judiciary except through the Supreme Court. HRCM is facing difficulties in gathering information related to judiciary due to lack of cooperation,” the report stated.

Moreover, the report noted that “due to shortfalls in judicial system, functioning of the judiciary is often questionable on various grounds including independence, transparency, interference, influence, competency, consistency, and accessibility.”

Through a raft of regulations enacted in recent months, the Supreme Court has sought to consolidate control over administrative affairs of the judiciary.

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that centralising administrative decisions in the hands of the Supreme Court “has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes.”

The Maldives representative to the UNHRC subsequently accused the special rapporteur of undermining the sovereignty of the country.

Criticism of the Supreme Court’s role in the electoral process by United Nations High Commissioner for Human Rights Navi Pillay last October was meanwhile described as “ill-informed” and “irresponsible” by former President Dr Mohamed Waheed.

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