Author: Ahmed Naish

Policing not affected by reduction of ministerial powers, insists Umar Naseer

The restriction of the home minister’s prerogative to order individual police officers has not affected police effort’s to combat gang violence, Home Minister Umar Naseer insisted in parliament today.

Appearing for minister’s question time, Naseer explained that the home minister could no longer issue direct orders to police officers due to “changes” made to his mandate by President Abdulla Yameen, who exercised “his discretion under the law”.

“However, there has been no change to the role of police in this country. Police are fulfilling their responsibilities and will continue to do so,” Naseer insisted, adding that “special measures” were being taken to ensure security in the capital Malé.

The opposition Maldivian Democratic Party (MDP) alleged yesterday that “the present climate of fear in Malé and several islands began to escalate following [Naseer’s] constitutional powers as the minister in charge of police being reduced”.

Local daily Haveeru reported last week that President Yameen’s decision to reduce the home minister’s powers came after Naseer ordered police officers to investigate Tourism Minister Ahmed Adeeb – deputy leader of the ruling Progressive Party of Maldives (PPM) – for alleged unlawful activities.

Contrary to Naseer’s remarks today, President’s Office Spokesperson Ibrahim Muaz Ali had denied any changes to the home minister’s mandate.

Crime wave

Naseer meanwhile told MPs today that a “special police operation” was ongoing to curb gang violence in the capital following a spate of violent assaults during the past six days.

Naseer suggested that the problem was exacerbated by insufficient police resources, revisions required for “some laws”, and drug trafficking.

Crime in the Maldives stemmed from drug use, Naseer said, adding that efforts to combat drug trafficking have increased “manifold” under the current administration.

Efforts were currently underway to renovate and upgrade the rehabilitation centre in Himmafushi, he noted.

The government would continue “supply reduction” and “harm reduction” efforts, he added, reiterating that a period of 15 years would be needed with a “sustained effort” by successive administrations to address the country’s drug problem.

Asked by PPM MP Ahmed Nihan if there was any intelligence information suggesting that opposition politicians were behind the gang violence in a “deliberate attempt to incite unrest”, Naseer said he could not share confidential information at “an open forum”.

“But I would say that it is likely that scheming by some people might be involved in what’s going on now,” he said.

“Pestering”

Naseer was summoned to the People’s Majlis today after a question was tabled by MDP MP Eva Abdulla concerning his allegations made in the wake of losing the PPM presidential primary to Yameen in March 2013.

Naseer had contended that the election was “rigged” and alleged that criminal gangs, convicts and drug smuggling “networks” were part of Yameen’s campaign team.

The PPM subsequently expelled Naseer from the party after he refused to apologise.

Asked how far any investigation of the president’s links to gangs and drug trafficking had progressed, Naseer said he was not legally obliged to answer the question as the remarks preceded his appointment as home minister and was not related to his present duties.

Naseer had previously retracted the allegations and categorically asserted that there were no links between Yameen and criminal enterprises.

In an interview with Minivan News in January, Naseer had dismissed the allegation as “political rhetoric” borrowed from the MDP.

Moreover, in April, Naseer told state broadcaster Television Maldives that he was “not a political threat” to Yameen.

At today’s sitting, Naseer repeatedly alleged that former President Mohamed Nasheed encouraged drug use and had resigned in “a state of intoxication”.

Nasheed would test positive for drug use “even if his urine is tested right now,” Naseer said.

Moreover, Nasheed was responsible for attacks against police officers and their families following the transfer of power in February 2012, he claimed.

In followup questions, MDP MPs suggested that Naseer could not answer truthfully for fear of losing his job.

Naseer responded by saying that he would not hesitate to order investigations of senior government officials “if a case reaches me.”

MDP MP Imthiyaz Fahmy meanwhile argued that Naseer by his own admission must have been lying either in parliament or when he made the allegations against Yameen last year and asked whether he had apologised either to the president or the public.

Naseer said he had “nothing to apologise for” and suggested that MDP leaders should apologise for causing MVR200 million worth of damage by allegedly setting fire to police stations, vehicles and courts on February 8, 2012.

Asked by an irate MP ‘Reeko’ Moosa Manik – former MDP chairperson – if provoking the main opposition party was part of his mandate, Naseer said he was “responding in kind” to MDP MPs’ “pestering” questions.

The deputy speaker advised Naseer to show more respect to a party with the support of over 105,000 people.

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Stabbing victim dies in hospital as police make 12 arrests

An 18-year-old victim of a violent assault in Malé died last night while undergoing treatment at the intensive care unit in the second fatal stabbing in the space of three days.

Local media identified the deceased as Mohamed Mazin, from Dhiggaamaage in Noonu Miladhoo, who was residing in Henveiru Shaiban in the capital.

Mazin was assaulted on Saturday morning around 9:50am near the Henveiru Park along with Ali Arif, 18, also from H. Shaiban.

Police said Mazin had three stab wounds on his back while Arif was stabbed in the ribcage.

A 34-year-old was also stabbed to death on the island of Thulusdhoo in Kaafu atoll on Thursday night (July 31).

Police have since arrested 12 suspects in connection with the spate of violent assaults in the capital during the past six days.

Police revealed yesterday that the Criminal Court has extended the remand detention of three suspects while the other nine remained in temporary police custody as of last night.

“Efforts are also underway to locate other suspects,” according to police media.

The serious and organised crime department was collecting CCTV camera footage from across the capital, police said, and searching for suspects based on information relayed by members of the public.

The stabbing of the 18-year-old pair yesterday brought the number of victims of violent crimes during the past week to nine.

On the previous night (August 1), a 19-year-old was stabbed near the Henveiru Park and hospitalised after sustaining head injuries.

Last week, four men and a woman were assaulted in separate incidents. While one man was mugged in the Maafanu ward, two men were stabbed in Hulhumalé, a woman was stabbed in the back in the Galolhu ward, and a fourth victim was stabbed in the Henveiru ward.

Prior to the recent fatal stabbings, there had been 29 murders in the Maldives since 2007.

Meanwhile, the Jumhooree Party has called on the government to take necessary measures to curb the escalating violence while former President Maumoon Abdul Gayoom called for “murderers” to be “caught and punished according to law.”

“Where are the killers of Afrashim, Muheeth, policeman Haleem and others?” the leader of the ruling Progressive Party of Maldives tweeted.

Task force

Police meanwhile revealed that Chief Inspector Ibrahim Naveen, head of the central operations command, together with commanders of relevant departments have commenced “special efforts” to curb the spike in violent crime “on the advice of Commissioner of Police Hussain Waheed.”

A task force committee has been formed to supervise and oversee the efforts, police said.

Similar task forces were set up in recent years to combat gang violence in the capital, most recently in May 2013 after four stabbings in 48 hours.

As part of the present efforts, police have been stopping and frisking individuals and searching residences based on intelligence information.

Police are also searching for individuals “suspected of committing violent assault with sharp objects”.

Moreover, the Specialist Operations (SO) department along with Malé City police and traffic police would be questioning and frisking individuals “loitering on the streets with no purpose” both after midnight and during the day.

Security operations have also been stepped up in Vilimalé and Hulhumalé.

As police were finding it hard to identify suspects due to “difficulties” obtaining information from eyewitnesses at crime scenes, police appealed for cooperation from members of the public.

“Those who share such information with police will receive due protection,” police assured.

A report by the Asia Foundation in late 2012 found that political and corporate elites financed gangs “to carry out a range of illegal activities that serve their political or business interests”.

Police statistics meanwhile reveal 95 incidents of assault reported in July alone, bringing the total number of assault cases to 697 this year. Approximately 1,500 cases of assault are reported annually in the Maldives, of which a majority occurs in Malé.

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Government’s respect for religious freedom declined in 2013: US State Department report

The Maldivian government’s “respect for religious freedom declined” last year, according to the US State Department’s 2013 International Religious Freedom Report published on July 28.

“The authorities did not recognise or respect freedom of religion and it remained severely restricted,” the report observed.

“Governmental pressure to conform to a stricter interpretation of Islamic practice increased, particularly in the lead-up to presidential elections.”

Moreover, press freedom was curtailed by the government using religious grounds, the report found.

“Some Muslims expressed concern about increasing ‘Islamic radicalism,’ though advocates of religious freedom generally believed the public was becoming more aware of the issue,” it added.

The report also noted incidents of “societal abuse and discrimination” based on religion, “including incidents against Maldivians who did not want to conform to a strict, conservative interpretation of Islam.”

“There was an increasing trend among political leaders to call for greater limits on religious groups and activities, and impose criminal punishments in accordance with Islamic law,” the report stated.

“The use of religion in political rhetoric increased substantially, which led to derogatory statements about Christianity and Judaism and harassment of citizens calling for a more tolerant interpretation of Islam. Anti-Semitic rhetoric among conservative parties continued.”

Religious freedom in the Maldives is restricted by law and the constitution, the report explained, which was enforced by the government.

“Restrictions were not enforced for foreign tourists on ‘uninhabited’ resort islands,” it added, noting that foreign workers were allowed to practice their religion in private while congregations, however, were banned.

Officials from the US embassy in Colombo meanwhile emphasised the importance of religious freedom to the authorities, the report noted.

“The embassy advocated the right of all residents of the country to practice the religion of their choice in the manner of their choosing, and encouraged efforts to promote religious tolerance.”

“Government practices”

Among incidents from 2013, the report highlighted the case of a 15-year-old rape victim sentenced to 100 lashes for fornication, which Amnesty International called the “tip of the iceberg” of the country’s treatment of victims of sexual abuse.

The Ministry of Islamic Affairs exercised control over religious matters, the report noted, and set standards for imams to “prevent ‘extremist’ teachings from gaining ground.”

The report referred to Islamic Minister Dr Mohamed Shaheem Ali Saeed claiming in February 2013 that Islam was threatened by a “strong psychological war” conducted by Christians and Freemasons.

In his Eid sermon last week, Shaheem reportedly warned of efforts by elements within and without to “destroy” the Islamic ideology of the Maldives through psychological tactics.

The report also noted the Maldives Media Council’s investigation of Minivan News in late 2012 at the behest of the Islamic ministry concerning an alleged breach of the religious unity law by allowing a comment deemed anti-Islamic.

Meanwhile, during 2013, “discrimination, intolerance, and harassment of individuals calling for any discussion of a different kind of Islam increased,” the report observed.

“Politicians manipulated the public discourse by calling into question the Islamic values of political rivals and effectively stopped constructive discourse on social issues,” it explained.

“This created a culture of self-censorship and fear as politicians, civic figures, and journalists were unable to initiate discussions on Islamic values or basic human rights.”

The NGOs Jamiyyathul Salaf and the Islamic Foundation of Maldives “worked closely with the country’s political parties to promote strict, conservative Islam” while the Adhaalath Party (AP) “further limited the civil, political, and religious space for any outlook that did not align closely with Sunni Islam.”

The report referred to street protests in April led by the self-titled ‘National Movement‘ – comprised of NGOs and the AP – “calling for presidential candidate and ex-President Mohamed Nasheed of the Maldivian Democratic Party (MDP) to be ‘hanged’ for apostasy.”

It noted that former Foreign Minister Dr Ahmed Shaheed observed at the time that anti-Semitism, racism, xenophobia, and religious intolerance were “deeply entrenched” in the political discourse.

Moreover, a group of religious scholars issued a pamphlet in October urging Nasheed to “repent” for his alleged anti-Islamic policies, the report noted.

“The religious/irreligious rhetoric grew wider in the lead-up to presidential elections,” the report continued, referring to “laadheenee (irreligious) graffiti targeting MDP supporters” spray-painted on walls across the capital.

“Public pressure for women to conform to a narrow standard of appropriate dress intensified, and women who did not wear a veil were reportedly harassed,” the report observed.

“On the other hand, those who wore a full face-covering veil were subjected to public harassment and derogatory comments.”

Press freedom NGO Reporters Without Borders meanwhile labelled local extremists groups “predators of freedom of information,” the report noted. Such groups were accused of “misusing free expression to promote a religious agenda, using religious arguments as a ‘political and social weapon,’ and ‘resorting to violence, and even murder, to silence dissenting opinions.'”

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President Yameen’s Independence Day address “cartoonish,” says Nasheed

President Abdulla Yameen’s address to the nation on Independence Day was “cartoonish,” former President Mohamed Nasheed said on opposition-aligned private broadcaster Raajje TV Saturday night (July 26).

Responding to the president’s claim that opposition parties were inciting unrest and sabotaging the economy, the opposition leader contended that Yameen’s intention was to deflect attention from his administration’s failure to “fulfil the hopes of the people”.

Yameen’s remarks were “uncivilised, outmoded, and unacceptable,” the Maldivian Democratic Party’s (MDP) acting president said.

At a time when the Maldives was facing a sovereign debt crisis and the president’s mandate was in doubt following the dissolution of the coalition with the Jumhooree Party, “I hear such talk as very cartoonish,” Nasheed said.

Nasheed added that the public would not be intimidated by veiled threats and insisted that democratic progress achieved in the present multi-party system could not be reversed.

Yameen had said the government would not allow the country to be plunged back into turmoil and accused opposition parties of “deliberately trying to disrupt stability by creating a spirit of unrest in society.”

If Yameen was implying that he would restrict the rights to free expression, assembly and peaceful political activity, Nasheed said the Maldivian people would “once again rise up”.

“Bleak” economic outlook

In addition to compensation owed to GMR for the premature termination of a concession agreement to develop the Ibrahim Nasir International Airport – which he predicted would not be lower than US$500 million – Nasheed said the Indian EXIM bank was also seeking between up to US$150 million.

Moreover, the State Trading Organisation has incurred a debt of US$150 million in unpaid bills to the Emirates National Oil Company, Nasheed claimed.

The economic situation was “bleak” with dwindling foreign currency reserves, a stagnating fisheries industry, and declining tax revenue, Nasheed contended, adding that the government could not afford to pay compensation to GMR.

The current administration might be planning to “settle the economic and financial system of the Maldives” with “large amounts of black money” from suspicious foreign investors, Nasheed continued, but such plans could not succeed due to domestic and international oversight.

Reiterating criticism of the government’s flagship special economic zone (SEZ) legislation, Nasheed said the Maldivian government would have less authority in the SEZs than the authority it exercised in Gan during British occupation.

The SEZs would be used for illegal businesses and “money laundering” by international criminal organisations, he claimed.

Nasheed had previously dubbed the legislation the ‘Artur Brothers bill’, referring to an infamous pair of Armenians linked with money laundering and drug trafficking who made headlines last year after they were photographed with cabinet ministers.

A system of decentralisation with local councils granted ownership of land was necessary for increasing home ownership, Nasheed continued, which was was essential for individual liberty.

The SEZ bill would, however, remove land from the jurisdiction of island councils, he explained.

The government maintains that SEZs with tax breaks and other incentives were necessary both for foreign investors to choose the Maldives over other developing nations and to launch ‘mega projects.’

“Castles in the air”

Referring to the Ihavandhippolhu Integrated Development Project or ‘iHavan’ – which President Yameen said would be undertaken once the SEZ bill is enacted into law – Nasheed said an assessment conducted by the World Bank at the request of former President Maumoon Abdul Gayoom’s administration found that it posed “very delicate problems”.

Development of a transhipment port in the northernmost atoll and carrying out activities there that were “contrary to Indian foreign policy” would adversely affect Maldivian independence and sovereignty, Nasheed warned.

Nasheed also argued that guest houses businesses on inhabited islands were more beneficial to the populace than luxury resorts on uninhabited islands.

The direct benefit to island populations from SEZs would be even smaller, he added.

The SEZs and the touted mega projects were “castles in the air,” Nasheed said, “[but] if you plant a small tree in your home, you will see it grow.”

Asked about several MDP MPs voting in favour of approving Muhthaz Muhsin as the new prosecutor general, Nasheed said he does not give instructions to the parliamentary group.

MPs did what they believed was right based on political considerations, he added, insisting that the MDP was too “resilient” with its ability to “absorb shocks” for the party to be split over the issue.

Division and strife within the ruling Progressive Party of Maldives, however, would reach “extreme” levels, Nasheed suggested, after its MPs voted for Muhsin in defiance of Gayoom’s appeal for them to vote for his nephew Maumoon Hameed.

Nasheed predicted that President Yameen will force his half-brother Gayoom into exile abroad, which had happened to former rulers in the past.

“Maldivian history is repeating again,” he said.

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Supreme Court enacts new contempt of court regulations

The Supreme Court has enacted new regulations authorising courts to initiate legal proceedings and punish individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

The contempt of court regulations (Dhivehi) promulgated on July 24 states that its purpose is “establishing justice, removing obstacles to trials, and upholding the honour and dignity of courts.”

“Contempt of court is a crime. And holding courts and its judges in contempt, and committing any act that could diminish the honour and dignity of courts is against Article 141(c) and (d) of the Constitution,” states section three of the regulations.

Spoken or written words as well as deeds and gestures that constitute contempt of court include portraying the judiciary in a negative light, an utterance or action that demeans a court, a judge, or court officer, “criticising or berating a court or a judge, or committing any act that causes loss of respect and dignity of a court or a judge, or attempting to bring the court into disrepute.”

Other actions include obstruction of ongoing trials, non-compliance with court orders or verdicts, refusal to provide testimony at a trial, refusal to answer summons to appear at court or flying overseas without permission, and use of obscene language inside a courtroom.

Additionally, causing physical harm to a judge or a court officer, damaging court property, bringing cameras or recording devices into courtrooms without permission, leaving a courtroom during ongoing proceedings, causing disorder at a trial, and using a public forum or the media to unduly influence an ongoing trial would also be considered contempt of court.

Initiating proceedings

While judges could immediately take punitive measures for contempt of court either during trials or within court premises, the regulations stipulate that the state must press charges and initiate criminal prosecution for words or deeds constituting contempt of court outside a courtroom.

However, the Supreme Court, High Court, and lower courts could initiate proceedings if either is the target of the contemptuous remark or action.

The apex court meanwhile has the discretion to initiate proceedings in cases involving contempt towards any court or judge.

If an institution exhibits contempt of court, the regulation states that its most senior official must bear responsibility and face charges.

The accused party in contempt of court trials would have the right to seek legal representation and defend themselves verbally or in writing. An odd number of judges must preside over such trials.

The accused could avail themselves of legal defence arguments used in criminal trials while evidence presented at such trials “with good will or intention to assist in the dispensation of justice” would not be considered contempt of court.

While providing information to the public regarding ongoing trials “truthfully and impartially” is permissible, the regulation states that courts could prohibit dissemination of information at its choosing.

Punishment

Persons found guilty of contempt of court during proceedings at a hearing or trial could be sentenced to up to 15 days in jail, placed under house arrest for up to one month, or fined up to MVR10,000 (US$649).

For other cases of contempt of court during proceedings or inside court premises, the regulations state that persons could be sentenced pursuant to Articles 85 through 88 of the penal code.

However, section 13 – which deals with punishment – does not specify the punishment for instances of contempt of court outside the courtroom

Moreover, sentences passed during proceedings or following a contempt of court trial cannot be appealed at a higher court. However, the Supreme Court has the authority to take measures or issue orders while a contempt of court trial is ongoing at a lower court.

‘Sumoto’

On March 9, less than two weeks before the parliamentary elections, the Supreme Court stripped former Elections Commission (EC) Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz of their membership in the independent commission over contempt of court charges.

The Supreme Court had summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations – promulgated in February – that allow the apex court to initiate proceedings and act as both prosecution and judge.

Meanwhile, in January, the Supreme Court suspended former Attorney General Husnu Suood and ordered police to investigate the lawyer for alleged contempt of court. The Prosecutor General’s Office, however, dropped the charges in March.

The former AG had represented the EC in an election annulment case before being ejected and barred from proceedings.

Moreover, the court also sought criminal charges against opposition-aligned private broadcaster Raajje TV over a report criticising the judiciary while Chief Justice Ahmed Faiz Hussain threatened legal action against media organisations or journalists who disseminate false or inauthentic information concerning the judiciary.

Opposition Maldivian Democratic Party MPs Alhan Fahmy and Imthiyaz Fahmy were meanwhile charged with contempt of court for criticising the apex court on Raajje TV.

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JSC clears Criminal Court Judge Abdul Bari Yousuf of ethical misconduct

The Judicial Service Commission (JSC) has cleared Criminal Court Judge Abdul Bari Yousuf of allegations of ethical misconduct and lifted his suspension after more than one year and five months.

The judicial watchdog revealed in a statement on Thursday (July 24) that the commission decided there was “insufficient concrete evidence” to prove wrongdoing following consideration of a report prepared by an investigating committee.

The JSC had suspended Bari in February 2013 pending the outcome of an investigation after a complaint was submitted the previous month.

Bari has reportedly been receiving full pay and allowances since his suspension.

Although the commission did not reveal any details regarding the complaint, local media reported that a female attorney from the Prosecutor General’s Office had alleged that Bari sexually assaulted her.

While the JSC refused to confirm the allegations at the time, JSC Spokesperson Hassan Zaheen told Minivan News last week that the commission only provides information to the media after concluding a case.

The JSC is tasked by the Constitution with investigating complaints and taking disciplinary action against judges.

Judge Bari has presided over a number of high-profile cases at the Criminal Court in recent years.

In February 2010, he acquitted Adam Naseer Aboobakuru, whom the administration of former President Mohamed Nasheed had labelled one of the country’s “top six” drug kingpins.

Naseer was arrested in June 2009 with over MVR6 million (US$461,500) in cash while police also found a tin containing drugs outside his house.

Judge Bari, however, ruled that the prosecution was unable to establish that the money was earned from dealing drugs and that the narcotics could have been placed outside Naseer’s house.

In 2011, Bari also ordered the release of Abdul Latheef, who was suspected of involvement with a high-profile drug cartel.

Despite initially ordering Latheef be kept in detention, the Criminal Court changed its first decision in a letter sent to the police asking for the suspect to be transferred to house arrest.

Latheef had been taken into custody with over 1,000 grams of cannabis in the trunk of his car.

Judicial oversight

Last week, the JSC denied media reports alleging that an investigating committee had found former Criminal Court Judge Muhthaz Muhsin – who was appointed as the new prosecutor general on Tuesday – guilty of ethical misconduct.

Muhsin had allegedly attempted to save a suspect arrested for theft from being held in remand detention.

According to the JSC’s annual report for 2013, the commission has yet to conclude investigations or make a decision regarding 106 cases, which were pending at the end of last year, including one complaint dating back to 2008 and four complaints from 2009.

Other pending cases included 13 complaints from 2010, 16 complaints from 2011, 17 complaints from 2012, and 55 complaints from 2013.

The complaints against judges involved allegations of bias, lack of integrity, behavioural misconduct, discrimination, incompetence, procedural violations, inordinate delays in concluding cases, and breach of law and the constitution.

In a comprehensive report on the Maldivian judiciary released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, noted that there was consensus on the view that the current composition of the JSC was “inadequate and politicised”.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” she wrote.

Moreover, a lack of transparency regarding proceedings over complaints, the criteria used to initiate proceedings, and JSC decisions “nourishes serious allegations of selectivity in the management of complaints.”

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President Yameen accuses opposition parties of inciting unrest, sabotaging economy

President Abdulla Yameen has accused opposition parties of attempting to foment unrest and sabotage the economy in his address to the nation on the occasion of the 49th Independence Day.

Speaking after a flag-hoisting ceremony at Republic Square last night, Yameen said the government would not allow the country to be plunged back into turmoil while it was enjoying a period of calm and stability.

“Opposition political parties are deliberately trying to disrupt stability by creating a spirit of unrest in society,” he said, adding that incitement of such fervour in the past had repeatedly threatened the country’s independence.

“I do not believe that failing to achieve the love and consent of the public should be a reason to plunge the nation into a deep pit of hatred and strife.”

Opposition parties were pushing for a tourism boycott and attempting to convince fish importers to cease purchasing Maldivian fish in a “deliberate attempt to create distress and anxiety,” Yameen alleged.

He added that “attempts to weaken the country economically” was tantamount to threatening independence.

Yameen also condemned alleged “efforts to create doubts” in the minds of foreign buyers of Maldivian fish and an alleged campaign to boycott tourism.

The current administration would “defeat all efforts to impoverish Maldivian citizens, build a peaceful generation of youth, and go forward in securing prosperity for Maldivians,” he said.

Speaking at a press conference on July 16, Fisheries Minister Dr Mohamed Shainee had accused the Maldivian Democratic Party of attempting to “destroy” the fisheries industry after the main opposition party issued a statement condemning President Yameen’s fisheries policy.

Shainee dismissed the party’s contention that the industry was stagnating and appealed against spreading “false information” to international media, suggesting that the fisheries industry was “too fragile” to be made the subject of adversarial politics.

Meanwhile, Tourism Minister Ahmed Adeeb told Minivan News last month that the government’s “total focus” was on the economy.

“We are not running behind our political opponents and we have stopped political rhetoric now – we have stopped responding to that but we are responding to economic issues,” he said.

Development projects

President Yameen went on to outline his administration’s development plans, referring to the special economic zone (SEZ) legislation currently before parliament as integral to the government’s economic policy.

An SEZ law would ensure investor confidence, increase foreign direct investment, create job opportunities, and mitigate the dependence on the tourism industry, Yameen explained.

Once the SEZ bill is enacted into law, he continued, one of the first projects to be undertaken would be the Ihavandhippolhu Integrated Development Project.

The ‘iHavan’ project would become “the main gateway” for development and prosperity in the northernmost atolls.

Plans for Addu City includes development of both the Gan international airport and the Hithadhoo regional harbour to spur economic activity, Yameen said.

A ‘mega project’ for development of the southernmost airport was in the pipeline while the government has decided to transfer the regional harbour under the Maldives Ports Limited (MPL) for modernisation, he revealed.

MPL would also take over the regional port in the island of Kulhudhufushi in Haa Dhaal atoll, he added.

The formulation of a master plan for the development of the Ibrahim Nasir International Airport (INIA) was meanwhile ongoing in collaboration with Singapore’s Changi airport, Yameen noted.

The changes envisioned in the master plan include a new terminal and a new runway, he said.

Moreover, a contract has been awarded for dredging and reclamation of Hulhumalé for development of a ‘youth city‘ in the artificial island as pledged during last year’s presidential election, Yameen said.

He stressed that the government would ensure that development projects would not threaten the country’s independence and sovereignty following criticism of the SEZ bill.

Yameen also revealed that criminal records have been cleared for 3,588 youth since he took office in November, adding that he has asked the newly appointed Prosecutor General Muhthaz Muhsin to introduce a new procedure to not prosecute first time offenders under an agreement signed with offenders.

Last night’s ceremony was meanwhile attended by former presidents Maumoon Abdul Gayoom and Dr Mohamed Waheed as well as senior statesmen – Abdul Sattar Moosa Didi and Ibrahim Rasheed – who worked with former President Ibrahim Nasir to secure independence from the British in 1965.

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Court overrules government on lagoon development joint venture

The Civil Court has ruled in favour of Prime Capital Maldives Pvt Ltd in a contract dispute with the government over a joint venture agreement to develop a special tourism zone in Kaafu Atoll Fushidhiggaru lagoon.

In September, Prime Capital sued the government after the Ministry of Economic Development refused to register the joint venture company (JVC) citing lack of authorisation from the president as required by law.

In a verdict (Dhivehi) delivered on July 15, Civil Court Judge Ali Naseer ordered the government to register the JVC within a seven-day period, sign a master lease agreement within five days of registration, “and [to] make all arrangements undertaken by the government in accordance with the agreement”.

An agreement was signed between Prime Capital and the Maldivian government on January 18, 2013 – under the administration of former President Dr Mohamed Waheed – to lease the Fushidhiggaru lagoon for a 50-year period to a JVC with a 25 percent stake for the government.

According to local media, the government was to receive 30 percent of the profits from the tourism venture in the lagoon south of the capital Malé.

Prime Capital is reported to be a Singaporean company.

Denials

Following media reports last year suggesting that the JVC agreement was signed secretively, both Finance Minister Abdulla Jihad and Tourism Minister Ahmed Adeeb initially denied the existence of an agreement to lease the lagoon.

Less than two weeks before the first round of last year’s presidential election on September 7, Jumhooree Coalition campaigner Umar Naseer – now Home Minister – leaked documents to the media purported to be an agreement to sell the lagoon.

Naseer was campaigning for candidate Gasim Ibrahim, while Adeeb was deputy leader of the Progressive Party of Maldives whose candidate – now President Abdulla Yameen – was facing severe criticism from the Jumhooree campaign.

Yameen eventually won the race with Gasim’s endorsement in a run-off with former President Mohamed Nasheed.

The documents leaked by Naseer showed that Finance Minister Jihad had signed the agreement on behalf of the government while Adeeb – also Tourism Minister under President Waheed – had signed as a witness on behalf of Prime Capital.

Naseer alleged at the time that the economic development ministry stopped the project as the cabinet had not officially approved it.

Moreover, the agreement was signed without seeking legal advice from the attorney general, he claimed.

Adeeb denied the existence of an “official” lease agreement and dismissed the allegations as a “political assassination” attempt in the days preceding the presidential election.

He did say, however, that the Waheed administration was in talks with a foreign company as the previous administration had decided to lease the lagoon.

The Anti-Corruption Commission was meanwhile asked to investigate the deal.

Adeeb also suggested that Naseer was upset after the government refused to lease a lagoon called “Gaafalhu” for his whale submarine business.

In its lawsuit, Prime Capital had reportedly submitted a letter signed by Tourism Ministry Deputy Director Hassan Zameel sent to the economic development ministry requesting approval of the JVC registration.

The Civil Court ruled that registering a joint venture with a government stake was the legal responsibility of the government and ordered the relevant ministries to fulfil all contractual obligations.

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Home Minister Umar Naseer’s trial concludes at Criminal Court

Home Minister Umar Naseer’s trial at the Criminal Court on charges of disobedience to order after calling for protesters in January 2012 to storm military barracks has concluded today.

After hearing closing statements, Chief Judge Abdulla Mohamed reportedly said the verdict would be delivered at the final hearing if there were no further matters for clarification.

The Prosecutor General’s (PG) Office is charging Naseer with violating Article 8 (a) of the General Laws Act of 1968 for calling on anti-government protesters in January 2012 to storm the military headquarters with 50 ladders.

The clause prohibits speech or writing contravening Islamic tenets.

According to local media, the prosecution presented video footage of Umar’s remarks as evidence at today’s hearing, while Naseer contended that his remarks were open to interpretation and could not therefore be the basis for pressing charges.

If convicted under Article 88 of the penal code, Naseer faces imprisonment, banishment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

Judge Abdulla Mohamed had taken over the case after Naseer requested a change of judge in letters to both the chief judge and Chief Justice Ahmed Faiz.

The request came after Judge Abdulla Didi refused to accept a procedural point raised by Naseer in the previous hearing in June.

Naseer had asked Judge Didi to annul Article 8 (a) of the General Laws Act on the grounds that it contradicted the right to freedom of expression guaranteed by the constitution.

Didi ruled, however, that Naseer’s claim does not classify as a point of procedure. Naseer’s lawyer Adam Asif meanwhile refused to proceed with the trial until Didi’s decision on the procedural matter was issued in writing. Didi then said he took Naseer’s refusal to proceed with the trial as a refusal to speak in his own defence.

He adjourned the hearing after allowing the state to present video evidence of Naseer’s speech, and said he would hold one more hearing for concluding statements and issue a verdict in a final hearing.

On June 12, Didi had also issued an arrest warrant ordering the police to present Naseer at the court after he missed three consecutive hearings while overseas on official business.

A similar request for a change of judge was granted to Maldivian Development Alliance (MDA) Leader Ahmed ‘Sun’ Shiyam in May after the resort tycoon objected to the manner of the presiding judge in his alcohol smuggling trial.

Disobedience charges

On January 23, 2012, Naseer told anti-government demonstrators in front of the Maldives Monetary Authority building that they should use tactics to tire out the soldiers on duty before climbing into the military barracks, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer had said.

“We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

After he was questioned by the police in September 2012, Naseer told the press that “there will be no evidence” to prove he committed a criminal offence.

Naseer was appointed Home Minister on a cabinet slot allocated for the Jumhooree Party (JP) on a now defunct coalition agreement with ruling Progressive Party of the Maldives (PPM).

Two other ministers appointed on JP slots have switched to the PPM and its ally MDA following the dissolution of the coalition.

Meanwhile, following this defeat in the PPM primary to Yameen last year, Naseer held a rally in which he alleged widespread vote rigging and accused the PPM presidential candidate of illicit connections with gangs and the illegal drug trade.

Naseer also implicated Yameen in MP Dr Afrasheem Ali’s death, claiming he had witnessed a meeting between Yameen and an individual who was under investigation for Afrasheem’s brutal death.

The PPM expelled Naseer after he refused to apologise for his comments.

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