Lucy Lovell – Page 3 – Minivan News

State prosecutors end work stoppage

State prosecutors have ended a week long work stoppage following the Supreme Court’s ruling yesterday ordering them to return to work “without any further excuse.”

Although the Criminal Court scheduled trials as normal today, it was forced to cancel a majority of hearings, local media have reported.

In the absence of a prosecutor general (PG) and a deputy PG, prosecutors do not have documents authorising them to represent the state at trials.

President of the Maldives Bar Association Husnu Suood believes prosecutors may simply be paying lip service to the order, and that little progress can be made in cases during the current situation.

Both Criminal Court officials and Juvenile Court officials told local media that hearings would only proceed in cases where a prosecutor had a document signed by the PG or deputy PG assigning the specific case to them.

Suood told Minivan News that trials would be slow to pass through the Criminal Court as state prosecutors “cannot take any decisions.”

Suood also warned that the credibility of any trials in the criminal court will be hampered, and that the return to work may just be paying lip service to the Supreme Court’s order.

“They are appearing for the sake of appearing, there won’t be much progress in the trials,” he said.

In a letter to President Abdulla Yameen on Sunday, prosecutors had expressed similar concerns over accountability and integrity stating they were not legally authorized to make decisions in the absence of a PG.

However, the Supreme Court’s ruling yesterday said the country was in a “state of necessity” where extra legal actions designed to restore order could be deemed constitutional.

The apex court also said prosecutors must return to work to ensure the criminal justice system functions under the continuity of government principle.

Former PG Ahmed Muizz appointed Hussein Shameem to the position shortly before he resigned ahead of a no confidence motion in November 2013. Shameem had previously held the position from 2009 – 2012.

Although the Prosecutor General’s Act requires the appointment of a new PG within 30 days of vacancy, Shameem headed the office for over five months.

He resigned on May 5, criticising the Criminal Court’s obstruction of criminal justice.

President Yameen has said he is waiting until the new parliament, in which ruling coalition holds a majority, convenes on May 28 to submit a new nominee.

The current Majlis – in recess before the end of its term – rejected the president’s nephew Maumoon Hameed for the position in March.

Critics including Drug Court Judge Mahaz Ali have previously claimed the state of necessity argument to be invalid as long as the responsible authorities — president and parliament — are able to carry out their duties.

Any trials of criminal cases in the absence of a prosecutor general (PG) and a deputy PG violates the constitution, Drug Court Judge Mahaz Ali argued.

In his resignation statement, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

The Criminal Court spokesman refused to comment on the issue when contacted by Minivan News today.

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MMA denies US suggestion it has knowledge of terrorist funding

The Maldives Monetary Authority (MMA) has rejected claims by the US State Department that it has any knowledge of funds being used to finance terrorist activities abroad (May 11).

The MMA’s statement came in response to a report from the US government that the authority believed funds from the Maldives were being used to sponsor terrorist activities.

“The MMA has neither received nor communicated any information regarding confirmed operation of terrorist financing activities,” said the MMA.

The US Country Reports on Terrorism 2013 claimed that criminal proceeds were coming from hawala systems (informal money transfer networks) to transfer money between islands.

“Maldivian authorities believe that funds are currently being raised in Maldives to support terrorism abroad; however, there is no reliable information regarding the amounts involved,” read the US report.

“While no official studies yet have been conducted, the Maldivian Central Bank believes that criminal proceeds mainly come from domestic sources, as a large percentage of Suspicious Transaction Reports (STRs) are related to Maldivians,” it continued.

The Maldivian Democratic Party (MDP) has today cited the US report as evidence that the government is not doing enough to combat terrorism.

“The Maldivian Democratic Party strongly condemns the government’s failure to bring an end to terrorist and extremist activities as funds are raised in the Maldives to fund terrorism abroad,” read a press release today.

The party suggested that examples of Maldivians engaging in extremism and terrorism was on the rise, suggesting the government was not doing enough to resolve organised criminal activity in the country.

In response to the US report, the MMA has contended they have not received any confirmed suspicious transaction reports related to terrorist financing in the Maldives through formal or informal money transfer networks.

The authority also expressed confidence in the industry’s framework for preventing such operations, adding that any companies that are under their supervision are subject to the Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) obligations.

AML/CFT legislation drafted by the MMA was passed by the People’s Majlis last month and ratified by President Abdulla Yameen on April 13.

The new law introduced rules governing financial transactions and the inflow and outflow of money from the Maldives.

“We are pleased to note that most of these financial institutions have internal policies, procedures and programs to implement those obligations,” the MMA statement added.

The US State Department had further noted growing concern since 2010 “about the activities of a small number of local violent extremists involved with transnational terrorist groups”.

“There has been particular concern that young Maldivians, including those within the penal system, may be at risk of becoming radicalized and joining violent Islamist extremist groups. Links have been made between Maldivians and violent extremists throughout the world,” the report stated.

The department also suggested that the Maldives has few laws which effectively control the movement of people and money into and out of the country, adding that due to its “sprawling island geography and insufficient technological capabilities” the coastguard could not effectively patrol the territory.

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India offered to build naval dockyard in Maldives, says Indian media

India’s Army Chief General Bikram Singh has offered to build a dockyard worth MVR 7.7 billion (US$ 500 million) in the Maldives in his ongoing visit, Indian media has reported.

According to the Deccan Herald, China had already offered to develop the Uthuru Thilafalhu lagoon in the archipelago’s north.

Reclamation work is already underway in the area. Once completed, it will serve as the Maldivian Coastguard’s primary operations base and will provide a much-needed berthing space to naval ships and ocean liners.

India’s Foreign Secretary Sujatha Singh, during a visit to the Maldives in February, visited the Uthuru Thilafalhu project site. Minivan News understands discussions are underway on Indian investment in the project, but it is not clear if a decision has yet been made.

In recent months, India has been steadily increasing defense cooperation with the Maldives including the gifting of two ‘Dhruv’ Advanced Lightweight Helicopters (ALH) and development of the military hospital Senahiya.

Ties with India came under strain during President Dr Mohamed Waheed’s administration in the aftermath of Indian infrastructure giant GMR’s abrupt eviction. The company had won a concession agreement to develop the main airport.

Waheed went on to strengthen military ties with China, sparking Indian concern over “a Chinese policy to throw a ‘string of pearls’ – or a circle of influence – around India.”

Speaking during an official trip to India earlier this year, new President Abdulla Yameen stated that while the Maldives has “close ties” with China, “nothing will precede ties with India, which are far more precious”.

“While we have had a slight rough patch with India, the time of good relations far outweigh the rough patches we had. I suppose it is easy for us to be on the right track again,” Yameen said, referring to the airport dispute.

Singh’s visit is the first by a serving Indian Defense Chief since General Deepak Kapoor’s visit in February 2010.

An Indian High Commission press release on Tuesday said Singh’s three day visit – set to conclude today – will “further enhance bilateral defense cooperation.”

“India’s commitment to Maldives defense has been growing with each passing year. Both countries have inter-linked mutual security interests which need to be protected for the safety and security of the South Asian region and the Indian Ocean,” the statement said.

During his visit, Singh met with President Yameen, Defense Minister Mohamed Nazim and the Maldivian Chief of Defense Forces Ahmed Shiyam.

Singh also discussed the possibility of supplying fast-attack craft, amphibious landing craft and small arms from New Delhi, reported the Deccan Herald.

Another potential project is to train 40-60 officers of the Maldivian National Defence Force (MNDF) in Indian training establishments, the article continued.

“All such topics were discussed. But we will reveal details at a later time,” said MNDF Deputy Spokesperson Captain Ali Ihusaan, when asked for a comment on reports by Indian news sources.

Chinese investments including a US$54 million for an IT infrastructure project sparked Indian concern in 2013, with Indian Ministry of Communications and IT saying Beijing’s state owned companies must be “kept at bay.”

According to Indian media, the ministry – in an internal government note – suggested “substantial investment in the Maldives on similar projects [as being planned by China] ensuring that the traffic between India and the Maldives is handled through the equipment installed and commissioned in the Maldives by India.”

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“Black rain” in Eydhafushi unsafe for use

The Public Health Unit (PHU) has warned Baa Atoll Eydhafushi Island residents against drinking or cooking with rainwater following a “black rain” shower on Tuesday.

Similar incidents of black colored rain were reported in Meemu Atoll Kolhufushi Island in 2011, and Haa Dhaal Atoll Kulhudhuffushi Island in 2006.

In 2013 there were further reports on Haa Dhaal Atoll Nolhivaram Island and Haa Dhaal Atoll Kurimbi Island, and in Dhaalu Atoll Meedhoo Island.

However, little seems to be known about the health implications of this occurrence. Islanders have speculated the phenomenon maybe acid rain.

“We advise people not to use the water for drinking or cooking, but they might be able to give it to their plants,” a Health Protection Agency (HPA) official told Minivan News.

The HPA said they have not observed any negative health effects from black rain yet.

Islanders are heavily dependent on rainwater for cooking and drinking, but many are now turning to store-bought mineral water as reserves run low in the dry season.

Senior Community Health Officer at Baa Atoll Hospital Sidqi Abdulla told Minivan News islanders were not concerned about threats posed by polluted water to their water supplies as the black rain was only seen on some parts of the island.

“This is the first time we’ve seen black rain in Eydhafushi,” he said.

However, he noted increased water insecurity in the island due to intrusion of saltwater into groundwater.

Although state officials have yet to confirm the reason for the black rain, research carried out by University of California’s Professor Veerabhadran Ramanathan indicates there is ten times more pollutants in the air mass north of the Maldives compared with the south.

The Cloud Aerosol Radiative Forcing Dynamics Experiment (CARDEX) carried out in 2012 suggests that soot and carbon from India are captured in ‘brown clouds,’ which drift over the North of the archipelago.

This pollutant layer, he argues, is an insidious mixture of soot, sulphates, nitrates and ash, Ramanathan has said.

Only the southern tip of the long island chain enjoys clean air coming all the way from Antarctica.

“The stunning part of the experiment was this pollutant layer which was three kilometre thick, cut down the sunlight reaching the ocean by more than 10%,” Ramanathan said in a BBC interview.

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Health Ministry seeks to protect mothers and infants from HIV “time bomb”

New guidelines on preventing the transfer of HIV from mother to child will come into effect from Wednesday (May 7 2014), Ministry of Health and Gender has said.

The national guideline on prevention of mother to child transmission of HIV is underpinned by a need to equip the Maldives for what the Health Protection Agency has termed an HIV “time bomb.”

Programme Coordinator for the Reproductive Health Unit Naseera Nazeed has urged all pregnant women to get tested in their first semester.

“There is very high chance of saving the baby – 90% – if they are checked,” she said.

The guidelines aim to protect women of childbearing age from HIV, advise women with HIV against pregnancy, protect HIV positive mothers from infecting their children and providing support to HIV positive mothers and their families.

The Maldives identified the first infant with HIV in 2012. In February this year, the Indhira Gandhi Memorial Hospital (IGMH) transfused a pregnant women with HIV positive blood due to a technical error. Meanwhile, local media have alleged a 19-year-old HIV patient had given birth at IGMH in early April.

Programme Manager for the National HIV AIDS programme Abdul Hameed said the spate of HIV incidents this year had raised awareness on HIV and provided a boost to healthcare efforts.

“We are sending out the public a clear message, always to be sure of their status. HIV is everywhere, you don’t have to give your name, you just have to go and get tested. The result will be in 10 minutes,” he urged.

Not prepared

Lack of prevention programmes and specialized care for population groups at risk facilitate an HIV outbreak in the Maldives, Hameed said. Sex workers, gay men and intravenous drug users are particularly at risk, he said.

“We are sitting on a time bomb. We know those key populations exist [in Maldives],” stated Hameed. “At any time it can explode.”

The Maldives does not offer prevention services for gay men or sex workers, he said.

HIV patients prefer treatment abroad due to high levels of stigma and discrimination, he said, adding: “Even in the healthcare system itself there is ingrained discriminations.”

The healthcare system is ready for an outbreak, Hameed claimed, but said there are deficiencies that could hinder response to a crisis.

“The health system is ready, but we don’t have the civil society or organization networks. We may not be prepared,” he said.

A prevention workshop—the second of its kind—is underway from Tuesday to Wednesday (May 4 to May 6) to train health professionals on the new guidelines. A total of 31 participants from regional hospitals, populous atolls, Malé, Villimalé and Hulhumalé are taking part.

The Ministry also plans to hold a series of phone conferences to all atolls to further disseminate the information.

Former Minister of Health Dr Ahmed Jamsheed Mohamed said it was only through “incredible luck” the HIV virus had not spread throughout the country.

“All the habits that may lead to the spread of HIV is excessively in practice,” he claimed referring to sexual promiscuity and intravenous drug use in the Maldives.

Since the first case of HIV was detected in the country in 1991, 19 cases of HIV have been reported among Maldivians. However, the Health Ministry estimates numbers of HIV positive persons could be between 70 and 100.

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Maldives journalism awards celebrates free press

The first Maldives Journalism Awards took place in Dharubaaruge, Malé last night (May 3). The ceremony presented “Journalist of the Year” awards to journalists working in print and radio in the Maldives.

Fazeena Ahmed, 26, of Haveeru won in the online print category, and Ahmed Naushad, Voice of Maldives, won in the radio journalism category.

Haveeru journalist Ahmed Hamdhoon censured President Abdulla Yameen’s failure to attend the ceremony, saying: “[We] feel we, journalists are not important to the government.”

The event, organized by the Maldives Media Council, selected winners based on discipline, richness of content, adherence to proper journalistic practices, quality of presentation and inclusion of photos and videos.

Winners of the Maldives Journalism Award were selected by an independent panel of judges consisting of Maldives Broadcasting Commission Chairman Ibrahim Umar Manik, former Minister of State for Information Thoyyib Mohamed, former Aafathis editors Abdulla Naeem Ibrahim, Mohamed Nazeef and Ahmed Zahir

There was an additional TV journalism category for which seven journalists applied. However, the judges said that none were selected due to lack of material.

Winner of the online journalism category Fazeena has been working at Haveeru for the past five years, and won recognition for her profile of former President Mohamed Nasheed during the presidential election of 2013, and her coverage of the Villingili children’s orphanage.

“I am very happy. Not just because I won the award, but because the Media Council has introduced such an award for the first time. This is a very important step and an encouragement for new journalists,” Fazeena told Minivan News.

She went on to identify access to information as the biggest obstacle to media freedom, and said that she had received threats because of her work.

No government officials present

In an op-ed today, Haveeru journalist Ahmed Hamdhoon expressed disappointment over President Abdulla Yameen and his ministers’ failure to attend the ceremony.

“All those working in the media are deeply saddened by President Yameen’s refusal to attend a landmark ceremony held by an independent state institution’s to recognize and encourage journalists,” wrote Hamdhoon.

Hamdhoon also criticized President Abdulla Yameen’s failure to make a statement on the World Press Freedom Day (May 3).

President’s Office Spokesperson Ibrahim Muaz Ali has said Yameen was unable to attend the ceremony because the invitation –which was delivered a week ahead of the event – came “at the last minute.”

In a statement, Muaz said the government will treat all journalists equally, and pledged to do all possible to protect media in the Maldives. He went to say that the government will enact the Right to Information Act within the period specified in the act.

The government welcomes responsible journalism, and will stop any journalism outside of acceptable borders, or attempts to create chaos or defame individuals, he added.

He recognized threats media has faced over the past two years, including the vandalism at Villa TV, the Raajje TV arson attack, and the murder attempt on Raajje TV reporter Ibrahim ‘Asward’ Waheed.

Speaking at the event last night, MMC member Mohamed Abdulla Shafeeq identified threats to journalists as a growing problem.

“Threats from public to media outlets are increasing. There have been no efforts to stop this. This is something that all journalists agree,” he said.

A landmark “Threat Analysis Report” carried out by the Maldives Broadcasting Commission last week found that 84 percent of journalists surveyed reported being threatened at least once, while five percent reported being threatened on a daily basis.

Journalists identified political parties to be the top source of threat. Gangs, religious extremists and parliament placed second while the government were rated third.

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HRCM urges state to ease access to information

In conjunction with World Press Freedom Day, the Human Rights Commission of the Maldives (HRCM) has called on the state to ease journalists’ access to information.

Journalists have rated difficulty in access to information as the second biggest obstacle to media freedom in the Maldives, according to a recently published report by the Maldives Broadcasting Commission (MBC).

The HRCM today called on the state to implement January’s landmark Right to Information (RTI) Act. The RTI act (Dhivehi) aims to widen and improve the scope for the citizen’s rights to information in order to increase transparency and accountability.

Noting increased threats to press freedom, the HRCM said: “[Reporters must] be able to work with independence, without intimidation or threat to bring stakeholder attention to social issues.”

In addition, the HRCM also called on all reporters to practice ethical journalism: “[M]edia reports must stay within social norms and respect everyone’s rights.”

The RTI act was ratified by President Abdulla Yameen earlier this year in January 2014, and must come into effect within six months of ratification.

At the time, the move was hailed by advocacy NGO Transparency Maldives as a “major step forward for good governance and transparency.”

Under the act, an appointed Commissioner has the power enforce a fine on information officers who deliberately refuse access to information. Such a fine may not exceed MVR5000 (US$324).

The Commissioner may also fine any individual who destroys requested information, obstructs a public authority or the Information Officer’s from providing access to information. Such a fine may not exceed MVR25,000 (US$ 1621).

The act also provides protection to whistleblowers if the whistleblower publicises information regarding corruption or breach of the law.

Despite positive steps forward, in February 2014, the Maldives dropped to 108th place in the Reporters Without Borders (RSF) Press Freedom Index for 2014, marking a decline in press freedom for the third consecutive year.

The MBC’s “Threat Analysis Report,” found that 84 percent of journalists surveyed reported being threatened at least once, while five percent reported being threatened on a daily basis.

Journalists identified political parties to be the top source of threat. Gangs, religious extremists and parliament placed second while the government was rated third.

Previous attacks on the press that illustrate these findings include prominent Maldivian blogger and journalist Ismail ‘Hilath’ Rasheed, who survived a murder attempt earlier in June 2012, suffering stab wounds to the neck.

Furthermore, opposition aligned broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed nearly beaten to death in February 2013, whilst the station’s offices and equipment were destroyed in an arson attack in October.

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“Highly politicised and corrupt” judiciary unfit to decide life and death: Maldivian Democracy Network

The Maldivian Democracy Network (MDN) has condemned the Maldivian government’s decision to implement the death penalty in a press release issued on Wednesday.

The MDN expressed “great concern” over the move to break a sixty-year de facto moratorium on the death penalty in the country. New regulations allow for children as young as seven to be sentenced to death.

“Given the state of the Maldivian judiciary, which is also perceived to be highly politicised and corrupt, it is most concerning that as grave a matter as life and death of humans is to be decided by it,” the MDN stated.

Adopted on April 27, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

The MDN’s statement closely follows a statement by the Office of the High Commissioner for Human Rights (OHCHR) in which the organization called for the practice to be abolished.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the OHCHR.

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters.

A step backwards

The regulation on the implementation of the death penalty and the penal code pushes the Maldives backwards in an age when several countries in the world, including Muslim nations, are moving away from it, the MDN said.

The lack of legislation on evidence, witness protection and criminal procedures lead to a systematic failure to do justice and as a result innocent lives may be lost, the organization noted.

“The Maldivian criminal justice system lacks crucial legislation on evidence, witness protection and criminal procedures, leading to structural gaps and systematic failures to do justice as independent observers have noted in the past.

“A catastrophic result of this may be the loss of an innocent life, which is neither replaceable nor correctable.”

The MDN also highlights the possibility for minors to be sentenced to death as a major concern, and violation of the minor’s rights.

“We are also deeply concerned the regulation violates the rights of the child. Under the Convention on the Rights of the Child and International Covenant on Civil and Political Rights, a death penalty may not be imposed for a crime committed by a person under 18 regardless of his/her age at the time of the trial or sentencing or of the execution of the sanction.

“In addition to this, research shows that capital punishment does not deter murder any greater than the threat and application of lesser punishments. Maldivian Democracy Network implores the government to reconsider the decision to implement the death penalty in the Maldives, and make meaningful efforts towards prevention of crime and the protection of human life,” the statement concluded.

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Maldives should repeal the death penalty – UN Human Rights office

The United Nations Human Rights Office (OHCHR) on Tuesday voiced deep concern about a new regulation in the Maldives that effectively overturns a 60-year moratorium on the use of capital punishment in the country and allows for children as young as seven to be sentenced to death.

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters in Geneva.

Adopted on 27 April, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

“According to the new regulation, minors convicted of intentional murder shall be executed once they turn 18. Similar provisions in the recently ratified Penal Code, allowing for the application of the death penalty for crimes committed when below the age of 18, are also deeply regrettable,” Shamdasani said.

Under international law, those who are charged and convicted for offences they commit while they are under 18 years of age should not be sentenced to death or life imprisonment without possibility of release, the spokesperson added.

Government support

Speaking at a press conference last week, Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation – titled “procedural regulation on investigating and penalising the crime of murder” – was “far-fetched” and “almost impossible”.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court, Naseer noted.

Although the death penalty has proven to be a contentious issue, Naseer assured the international community that the Madlives has a firm reason to continue with the ruling.

“There will be some parties who will be concerned about this. Concerned countries, concerned NGOs. Some counties are not too pleased with it [death penalty, but we will know about the issue of executing people in this country, the overcrowding of prisons in this country, how much the criminal environment is more lively in this country. And we are a hundred percent Islamic country and there are certain values that we all believe in,” Naseer said.

Meanwhile, President Abdulla Yameen Abdul Gayoom has called for the death penalty to be put into practice in the Maldives from as early as July 2013.

The half brother of former autocratic ruler Maumoon Abdul Gayoom, first told media of his “change of heart” while speaking on the program Voice of Maldives on July 22 2013.

Yameen explained that although he had not been not an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from commonplace murders that have become too commonplace.

“Murder has to be punished with murder,” Yameen said.

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