Zaheena Rasheed – Page 17 – Minivan News

STO hands over biomedical equipment worth US$900,000 to the health ministry

The State Trading Organisation (STO) has handed over biomedical equipment worth US$900,000 to the health ministry.

Yesterday (December 20) STO Managing Director Adam Azim handed over 1500 pieces of equipment including patient monitors, ECG machines, defibrillators, and vital sign monitors to acting health minister Mohamed Nazim at a ceremony at Nasandhura Palace Hotel.

The shipment is the first in a US$4million venture to provide all necessary equipment to all the hospitals and health centers in the Maldives.

As the STO marks its 50th anniversary this year, the company has expanded its services in the islands, launching an ambitious programme along with the health ministry to provide ambulances and establish pharmacies on every island.

The government intends to establish ambulance services in all 196 inhabited islands by June 2015, Nazim has said. The STO has been commissioned to buy 54 ambulances worth US$2.5 million.

Basic Services

Speaking to the press on the STO’s anniversary yesterday, Azim said the company’s most significant success is that it has consistently provided Maldivian citizens with fuel, staples, and pharmaceuticals.

The state-owned STO is the country’s primary wholesaler, responsible for bringing in the vast majority of basic foodstuffs such as rice and flour, as well as other imported commodities such as electrical goods.

Azim told Haveeru last week that the STO’s US$114 million (MVR1.7 billion) debt was unprecedented, but that US$51 million had been paid off during his tenure as a result of reductions in expenditure. He pledged to pay off the remaining debt within three years.

According to quarterly reports, the STO earned MVR325.6 million in profits in this year’s third quarter from MVR2.1 billion worth of sales after earning MVR64.2 million in the second quarter.

Documents were confiscated from the organisation’s head office late last month, however, with the Anti Corruption Commission alleging illegal payments for advertising.

In September, Azim also launched a programme to increase national spirit among his staff. The STO workday now starts with the national anthem. The national flag is to be hoisted at all STO buildings and now adorns STO uniforms and staff cards.

The company has announced a sale in all of its 13 stores on the occasion of it’s 50th anniversary. A lucky draw with MVR200,000 worth of prizes will also be held.

Pharmaceuticals, construction materials, oil

Under the programme to establish pharmacies on every island, the STO opened up its 48th pharmacy in Kaafu Atoll Guraidhoo last month. Customers will get Aasandha healthcare coverage at all the pharmacies.

Over 1000 pharmacists – or five individuals from each island – will be trained for the newly opened facilities under an agreement with the education ministry, Azim has previously announced.

President Abdulla Yameen, speaking in Haa Alif Horafushi in November, said the new pharmacies would provide medicine at controlled and reduced prices, acknowledging that the move would affect private businesses selling medicine.

Yameen’s comments came in response to a complaint filed by Shaviyani Atoll Council at the People’s Majlis in which councillors said the STO’s pharmacies would shutdown pharmacies run by the island councils in various islands in the atoll.

The councils’ pharmacies had been established through an atoll trust fund and were among the most profitable businesses in the atoll, said the council, arguing that their closure would impact the atoll council’s MVR1.3 million social sector programme.

The Majlis threw out the petition, however, asking councilors to resolve the matter with STO.

The STO decreased oil prices for the second time in response to falling global prices last week. A litre of petrol was reduced by MVR1 and 75 laari was reduced from a litre of diesel.

The Housing Development Corporation has awarded the company with an 800 square foot plot of land near the ferry terminal in Hulhumalé for the establishment of a fuel shed, making Malé rates available to residents from next year.

The STO closed the popular Al-Fresco café at the STO Trade Center in early November to expand its supermarket, while the company also held a career guidance fair for youth in mid-November to increase awareness of opportunities available at the STO and its subsidiary companies.

In September, an agreement was signed with Maldives Association of Construction Industries to provide cut-price construction material for government projects in an attempt to restart stalled work.

Related to this story

STO to import oil, staples and pharmaceuticals only

STO launches campaign to cut operational costs by MVR 50 million

STO’s Hulhumalé hotel to be completed in one year

State Trading Organisation bankrupt: President Yameen

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MDP calls on six MPs absent from Supreme Court vote to answer disciplinary charges

The opposition Maldivian Democratic Party’s (MDP) disciplinary committee has ordered the six MPs who violated the party’s three whip-line against dismissing two Supreme Court judges to answer to charges on Friday evening (December 19).

The party’s national council on Monday asked the committee to take disciplinary action against Vaikaradhoo MP Mohamed Nazim, Velidhoo MP Abdulla Yamin Rasheed, Mulaku MP Ibrahim Naseer, Felidhoo MP Ahmed Marzooq, Kurendhoo MP Abdul Bari Abdulla, and Hulhuhenveiru MP Reeko Moosa Manik within seven days.

Disciplinary committee Chair Mohamed Shifaz said the committee would only decide on penalties after reviewing why the six MPs failed to turn up for the vote.

The MDP’s parliamentary group had issued a three-line whip ordering all 23 MPs to be present at the Majlis to vote against dismissing former Chief Justice Ahmed Faiz and former Justice Muthasim Adnan.

The two judges were removed with 53 votes at an extraordinary sitting on Sunday (December 14). Four Jumhooree Party (JP) MPs and 17 MDP MPs opposed the vote.

Bribed?

Opposition leader and former President Mohamed Nasheed has suggested MPs may have been bribed. Reliable sources told Minivan News that opposition MPs were offered MVR2.5 million (US$162,000) each to be absent from the Majlis during the vote.

MP Yamin has since apologised for his absence on Twitter, saying he had left the country for Thailand before the vote was scheduled.

The MDP secretariat, however, said Yameen had initially promised to make arrangements to be present for the vote, but later said he had not been able to get a seat on the flight.

The Judicature Act amendments which reduced the seven-member Supreme Court bench to five judges, and subsequently resulted in Faiz and Muthasim’s dismissal, was first proposed by MDP MP Ibrahim ‘Mavota’ Shareef.

The MDP immediately rejected the proposal, and Shareef voted with the party line against both the amendments and the dismissal of Faiz and Muthasim.

MDP members have urged the party to penalise Shareef for proposing the bill, but the disciplinary committee said it has not received a complaint requesting action on the matter.

Shareef was expelled from the MDP in 2007 on allegations of sexual harassment. He went on to join the Dhivehi Rayyithunge Party (DRP) before rejoining the MDP in 2013 when the DRP decided to back Nasheed during November’s presidential polls.

Reeko Moosa Manik – who has also declared he would contest MDP’s 2018 presidential primaries – said the MDP must first take action against the national council members who voted for a previous MDP resolution to help JP Leader Gasim Ibrahim assume the presidency.

Speaking to Haveeru, Moosa said he would accept any disciplinary action taken against him “with respect” but said the party must treat all members equally.

History of disciplinary action

In January, the MDP’s disciplinary committee suspended MPs of the former Majlis Zahir Adam and Abdulla Abdul Raheem for three months for contravening a three-whip line against approving President Abdulla Yameen’s cabinet.

Four other MPs who breached the whip – MPs Mohamed Rasheed, Ahmed Rasheed, Abdulla Jabir, Ali Riza, and Ahmed Easa – were also penalised. Easa later told Minivan News that his vote in favour of tourism minister Ahmed Adeeb had been the biggest mistake of his political career.

Riza was reprimanded and asked to issue an apology by January 30, and the party decided not to take any action against Easa, stating that his actions on December 30 only constituted a first offense.

Mohamed Rasheed and Ahmed Rasheed, who had left the party at the time, were told that if they intended to rejoin MDP, they must apologise to the party’s membership and submit 50 new membership forms each.

Jabir was stripped of his position as deputy parliamentary group leader, while the party retracted his ticket for the Kaashidhoo constituency and asked him to issue a public apology.

The party’s appeals committee later re-awarded Jabir the MDP ticket claiming the the disciplinary committee could only issue a warning, levy a fine, and suspend or revoke party membership. It could not revoke a party ticket, the ruling said.

Related to this story

MDP votes to discipline MPs absent from Supreme Court vote

Abdulla Saeed appointed as new Chief Justice, dismissed Justice Faiz laments “black day”

MDP suspends MPs Zahir and Abdul Raheem

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Malé City Council helpless as housing ministry takes over all land, public services staff

The housing ministry has taken control of 13 plots of land belonging to the opposition dominated Malé City Council, and transferred the majority of the council’s public services division staff to the ministry.

According to a housing ministry announcement, all of Malé City’s streets, the Artificial Beach area, Plot 211, Usfasgandu, the T-Jetty area, Dharubaaruge Convention Center, Sultan Park, Maafannu round-about, Adi Park, Alimas Carnival, Fishermen’s Park and all other parks now belong to the ministry.

Any individual wishing to make use of these lands must now seek permits from the ministry. The State Electric Company (STELCO) and Maldives Police Services would not provide services for any events unless a housing ministry permit is obtained, the announcement said.

The move continues a steady removal of powers from the council, in what has been characterised by its officials as an attempt to destroy decentralisation in the country.

Malé City Mayor Mohamed Shihab has condemned the government’s systematic abrogation of the council’s powers and said it constituted a breach of the powers afforded to the council under the Constitution and the Decentralisation Act.

“We are now only in charge of facilitating construction in Malé, issuing death and birth certificates and cleaning mosques. But the constitution clearly states the Maldives must be administered through decentralised councils,” he said.

The government must respect Maldivian laws to attain development, he contended.

“The powerful are now abusing their powers in the Maldives. This is very sad. Ultimately, it is the ordinary Maldivian citizen who will suffer the most. Investors will not invest here. No one knows what will happen tomorrow or the day after. We have to uphold the law if we want to develop at the same levels as developing countries,” he said.

Deputy Mayor Shifa Mohamed said the council has challenged the transfer of council staff to the housing ministry at the Civil Court.

In addition to transferring council staff, the ministry had also illegally taken over the council’s assets, including dustbins and trees for a greening programme, in the public services section, she said.

Shifa has described the government’s actions as a plot “to destroy decentralization”.

On November 26, the council declared it was close to shut-down after the Maldives Police Services confiscated documents and computer systems at the Malé City Council offices under a court warrant on allegations of corruption.

The warrant, signed by the Criminal Court Chief Judge Abdulla Mohamed, said that “some council staff had shared and gained unlawful advantages from some PDF files sent to the council by Maldives Land and Survey Authority.”

The survey authority and the land registration project fall under the authority of the Ministry of Housing and Infrastructure.

The council has denied receiving such files, stating that any surveys on Malé lands would have originated from the council.

The cabinet in early November announced it had removed the council’s jurisdiction over the city’s roads after disagreements over the replanting of vandalised trees.

Opposition leader and former President Mohamed Nasheed has said the trees were uprooted by masked policemen. Police have dismissed the claims.

Local media have since reported that the ruling Progressive Party of the Maldives believes the trees were being used to curse President Abdulla Yameen.

The roads are now under the control of the housing ministry and the Maldives Road Development Corporation (MRDC) which has started cleaning the drains, bringing some alleviation to persistent flooding.

The government had suggested that the council had failed to adequately maintain both Dharubaaruge Convention Center and the roads of the capital, though the council has maintained that state funds allocated for the work was not released by the finance ministry.

The government in October also scrapped an agreement made with India–based Tatva Global Renewable Energy to provide waste management services in the capital Malé and nearby areas.

Related to this story

Malé City Council close to shut-down after police confiscate documents and server system

Newly planted areca palms uprooted on housing ministry orders

Government terminates Tatva waste management deal

Can decentralisation take root in the Maldives?

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Judicial independence, rule of law “severely jeopardised” in the Maldives, says Commonwealth organisations

The sudden removal of former Chief Justice Ahmed Faiz and Justice Muthasim Adnan has “severely jeopardised” the independence of the Maldives judiciary and the rule of law, three Commonwealth bodies have said.

The Commonwealth Lawyers Association (CLA), the Commonwealth Legal Education Association (CLEA) and the Commonwealth Magistrates’ and Judges’ Association (CMJA) in a statement on Tuesday said the judges’ removal was unconstitutional and constituted a clear breach of the Commonwealth Principles to which the government of Maldives has subscribed.

Faiz and Muthasim were removed by a two-third majority of MPs present and voting at an extraordinary session on Sunday following amendments to the Judicature Act that reduced the seven-member Supreme Court bench to five judges.

Expressing concern, the CLA, CLEA and CMJA said the removal contravened Article 154 of the Maldives Constitution that says a judge can only be removed if the watchdog Judicial Services Commission (JSC) find the judge guilty of gross misconduct or incompetence.

The JSC did in fact rule the two judges unfit, but the ruling has not been made available to MPs or the public, despite repeated requests by opposition MPs.

In passing the revisions to the Judicature Act and removing the two senior judges, the Government of Maldives have breached the Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government (2003), said the statement.

“As a result the independence of the judiciary and the Rule of Law have been severely jeopardized”.

The Principles state that “Judges should be subject to suspension or removal only for reasons of incapacity or misbehavior that clearly renders them unfit to discharge their duties.”

They further state that disciplinary procedures must be fairly and objectively administered and should include appropriate safeguards to ensure fairness.

“The Associations urge the Government and Parliament of the Maldives to respect the independence of the judiciary and to comply with the relevant constitutional provisions, Commonwealth Principles and other relevant international standards,” the statement urged.

President Abdulla Yameen appointed Justice Abdulla Saeed as the new Chief Justice on Sunday. Faiz has condemned the Majlis vote as unconstitutional, and said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives

Three lawyers mounted a challenge to the Judicature Act’s amendment at the High Court on Sunday, but the court’s registrar has thrown the case out claiming it has no jurisdiction over the matter.

Acting registrar Mariyam Afsha said the complaint’s original jurisdiction lay with the Supreme Court.

Critics have pointed out the High Court registrar’s decision effectively means only the Supreme Court can now hear the challenge and have pointed to a Supreme Court’s conflict of interest in the case.

The opposition Maldivian Democratic Party had also lodged a complaint with the Civil Court challenging the legality of the JSC ruling, but the Supreme Court on Sunday took control of the case minutes after the first hearing began.

The Supreme Court’s writ of prohibition ordered the Civil Court to “to hand over case files, with all relevant documents, to the Supreme Court before 20:45 tonight, 14 December 2014, and to immediately annul any action that may have been taken on the matter.”

The decision followed a declaration by Civil Court Chief Judge Ali Rasheed Hussein, and Judges Aisha Shujoon, Jameel Moosa, Hathif Hilmy, Mariyam Nihayath, Huseein Mazeed, and Farhad Rasheed in which they declared the move to dismiss the two judges to be against principles of natural justice and several international conventions, and could “destroy judicial independence” in the Maldives.

“We believe we are obliged to comment on the issue for the sake of the democratic and judicial history of the Maldives, and we believe keeping silent at this juncture amounts to negligence” the bench said.

Related to this story

Supreme Court takes control of MDP’s Civil Court complaint on Faiz, Muthasim dismissal

High Court claims “no jurisdiction” in Supreme Court bench reduction challenge

Abdulla Saeed appointed as new Chief Justice, dismissed Justice Faiz laments “black day”

Civil Court condemns move to dismiss Chief Justice Faiz and Justice Adnan

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High Court claims “no jurisdiction” in Supreme Court bench reduction challenge

The High Court on Tuesday threw out a challenge to Judicature Act amendments that reduced the seven-member Supreme Court bench to five judges and resulted in the sudden removal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan.

High Court Registrar Mariyam Afsha said the complaint’s original jurisdiction lay with the Supreme Court, and not the High Court.

The case lodged by Lawyers Shaheen Hameed, Hassan Ma’az Shareef and Mohamed Faisal, contended the revisions to the Judicature Act were unconstitutional as they forced the removal of sitting Supreme Court judges without due process.

According to Article 11 of the Judicature Act, the Supreme Court has original jurisdiction in controversies that may lead to a constitutional void, cases where two branches of the state or two institutions of the state disagree on interpreting the constitution, and in constitutional matters that affect public interest.

Article 37 of the Judicature Act gives the High Court original jurisdiction in controversies where a law or part of a law is unconstitutional or where regulations or part of a regulation is against laws and the constitution.

Removal of judges

According to Article 154 of the Constitution, a judge, once appointed, can only be removed if the watchdog Judicial Services Commission (JSC) found the judge guilty of gross misconduct and incompetence, and if the Majlis subsequently removed the judge by a two-thirds majority of MPs present and voting.

Within hours of the amendment’s ratification on Thursday (December 11), the JSC in an emergency meeting recommended the two judges unfit for the position.

However, the JSC’s reasons were not made available to the public or MPs when the vote to dismiss the two judges proceeded on Sunday.

Shaheen, also President Yameen’s nephew, told local media that the JSC had failed to afford Faiz and Muthasim the opportunity to speak in their defense.

“[The JSC] is saying that it is alright to dismiss these first two judges by flouting all procedures, but that due process must be followed in dismissing other judges. This is gross violation of equality before the law,” he said.

The MDP had also lodged a challenge to the JSC decision with the Civil Court, but the Supreme Court took control of the case on Sunday minutes after the first hearing started.

The Judicature Act amendments will also divide the nine-member High Court into three branches, with three members each.

The two regional branches in the North and South will only be allowed to hear appeals in magistrate court verdicts. Only the Malé branch will be allowed to hear challenges to laws and regulations.

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Supreme Court takes control of MDP’s Civil Court complaint on Faiz, Muthasim dismissal

Abdulla Saeed appointed as new Chief Justice, dismissed Justice Faiz laments “black day”

Civil Court condemns move to dismiss Chief Justice Faiz and Justice Adnan

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President Yameen welcomes restrictions on right to silence and legal counsel

Expressing concern over the rise of dangerous crime in the Maldives, President Abdulla Yameen has welcomed restrictions on the constitutional right to remain silent and right to retain a lawyer.

“The constitution guarantees many rights for citizens. But to my interpretation, these rights are only afforded if they do not obstruct the other’s rights. If they abuse their rights and violate those of others, their rights must be narrowed,” he said speaking at a ceremony to inaugurate a link road to be built by China in Laamu Atoll.

At least five people have been stabbed to death this year alone. Today also marks the 130^th day since Minivan News journalist Ahmed Rilwan disappeared.

The People’s Majlis on Monday amended the 2010 law banning threats and possession of dangerous weapons and sharp objects to curb the right to remain silent of any suspect arrested for assault with sharp objects.

Suspects who are accused of murder, or of causing death or loss of limb and organ by assault, cannot exercise the right to remain silent “to any extent” and would only be able to speak to their lawyer for the first 96 hours of arrest in the presence of the police.

Further, suspects would only be allowed six hours to appoint a lawyer. If the suspect fails to appoint a lawyer or if the lawyer is not able to present a valid reason for absence from interrogations, police are authorised to question the suspect without a lawyer.

The amendments also relax requirements courts must consider in extending pre-trial detention.

“The most important aims of this administration is to ensure the streets of Malé and the islands are safe. Today, the strongest bill required for this task has been passed,” Yameen said.

Safety and security are crucial for investor confidence, Yameen said.

“If foreign investors are to invest, start mega projects here, they will first consider if they would be able to work in a secure and peaceful environment.”

“Then they will consider if their assets would be safe here. Third, if they would be able to take back the benefits of their work to their countries. Fourth, if any issue they may have can be resolved speedily, free and fairly through the courts,” he added.

Law enforcement agencies would not take undue advantage of their new powers, Yameen pledged.

The amendments passed with 47 votes. Two MPs abstained while 17 opposition Maldivian Democratic Party (MDP) MPs voted against the revisions.

Advocacy NGOs the Maldivian Democratic Network and Commonwealth Human Rights Initiative (CHRI) on November 30 said the amendments “absolutely violates rather than limits fundamental rights of the people” and that, if passed, “will seriously hinder the democratic system Maldives has transited to”.

Opposition leader and former President Mohamed Nasheed has recently expressed concern over deteriorating public safety and said the government’s failure to investigate and prosecute serious crimes are tantamount to “deliberate state-sponsored terrorism.”

He also accused senior government officials and elements of the police of complicity in abductions, murder, arson attacks, and gang violence.

“I note that the government has not investigated such incidents that have occurred throughout the year and serious criminals are on the loose. The state has not pressed charges against them.”

Related to this story

Failure to prosecute serious crimes tantamount to “state-sponsored terrorism,” says Nasheed

Civil society groups condemn proposed restrictions to constitutional rights

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28-year-old man stabbed to death in gang-related violence

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MDP votes to discipline MPs absent from Supreme Court vote

The opposition Maldivian Democratic Party (MDP) has asked its disciplinary committee to take action against six MPs who failed to turn up for the parliamentary vote to dismiss former Chief Justice Ahmed Faiz and Judge Muthasim Adnan.

All 36 members present at the party’s National Executive Council at the Malé City Hall voted for the resolution submitted by Mohamed Ibrahim Manik.

The six MPs are Vaikaradhoo MP Mohamed Nazim, Velidhoo MP Abdulla Yamin Rasheed, Mulaku MP Ibrahim Naseer, Felidhoo MP Ahmed Marzooq, Kurendhoo MP Abdul Bari Abdulla, and Hulhuhenveiru MP Reeko Moosa Manik.

Yamin has since apologised for his absence on Twitter, saying he had left the country for Thailand before the vote was scheduled. The MDP secretariat, however, said Yameen had initially promised to make arrangements to be present for the vote, but later said he had not been able to get a seat on the flight.

MDP members of Vaikaradhoo constituency issued a statement last night condemning MP Nazim’s absence from the vote, claiming he had prioritised personal interest and betrayed his constituents.

Critics have described Faiz and Muthasim’s dismissal as unconstitutional and said the move allows President Abdulla Yameen to assume total control of the judiciary and destroy the system of separation of powers.

The two were voted out with a two-thirds majority of MPs present and voting. 53 MPs of the ruling Progressive Party of the Maldives (PPM), coalition partner the Maldives Development Alliance and Jumhooree Party (JP) MPs voted for the move.

Four JP MPs and 17 MDP MPs voted against the dismissal. The ruling party would have required 57 votes to dismiss the judges with all 85 MPs present and voting.

Opposition leader and former President Mohamed Nasheed said organised political party activities were key to development.

“A dignified life for Maldivian citizens is possible when we are able to get organised and conduct peaceful political activities. The majority of people who support this principle are with the MDP,” he said.

He also condemned Prosecutor General Muhuthaz Muhsin’s order on the Elections Commission to take all legal action possible against the MDP for its recent resolution calling on the government to hand over the presidency to Jumhooree Party (JP) leader Gasim Ibrahim.

“The prosecutor general has spoken on a party resolution to have Gasim Ibrahim assume the presidency. This was done as per fundamental rights afforded to citizens such as freedom of expression, freedom of assembly and right to conduct peaceful political activity. No institution, including the prosecutor general, can infringe on our decision,” he said.

Internal unrest

Moosa – who has also declared he would contest MDP’s 2018 presidential primaries – said the MDP must first take action against the members who voted for the transfer of power resolution.

Speaking to Haveeru, Moosa said he would accept any disciplinary action taken against him “with respect” but said the party must treat all members equally.

He has also called on MDP to reprimand the ministers who had recommended detaining Criminal Court Chief Judge Abdulla Mohamed in January 2012, pointing out Nasheed had last month said the move was “wrong”.

“I believe first things must come first. Then only can you take action against other matters. I will accept any [disciplinary] action with respect. But I call on [on the party] to treat everyone equally in taking disciplinary action,” he said.

MDP’s disciplinary committee meeting held last night, following the national executive council’s request.

PPM parliamentary group leader Ahmed Nihan said the party would not take any action against Kulhudhuffushi MP Mohamed Nasheed from abstaining from the vote.

“This is the second time he voted against the whip line. But he did not run away, he is with us,” Nihan told CNM.

The ruling party is still in the process of compiling regulations for the 43 member parliamentary group, Nihan said. He claimed the PPM’s parliamentary group was unified, unlike the MDP’s.

All PPM MPs, except Nasheed, voted for Faiz and Muthasim’s dismissal.

Meanwhile, PPM’s Deputy Leader and Tourism Minister Ahmed Adeeb thanked Gasim for allowing a free whip in the vote to elect Saeed “as agreed”.

Gasim has rejected Adeeb’s claim in a tweet saying, “the whip line for the vote to remove former Chief Justice and Supreme Court Judge was based on consensus reached by JP PG group only.”

The MDP has submitted 14,500 new membership forms to the Elections Commission this year.

Related to this story

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PG orders Elections Commission to reprimand MDP for resolution on transfer of power

Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

JSC recommends dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan

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PG orders Elections Commission to reprimand MDP for resolution on transfer of power

Prosecutor General Muhuthaz Muhsin has ordered the Elections Commission (EC) to take all legal action possible against the opposition Maldivian Democratic Party (MDP) for its “irresponsible” resolution calling for Jumhooree Party’s Gasim Ibrahim to assume the presidency as an interim leader.

In a letter to EC President Mohamed Sulaiman, Muhuthaz said MDP’s call “is not the best for public order” as the Constitution clearly states how a head of state is elected and how the president’s powers may be delegated.

The decree proposed by MDP leader and former President Mohamed Nasheed during a severe water shortage in the capital Malé called on President Abdulla Yameen to hand over the reigns to Gasim.

Speaking to the MDP’s national council on December 7, Nasheed said: “The country is under a very dark cloud at the moment. The president is not fulfilling presidential duties and ruling in absentia. So it is better for him to handover governance to Gasim Ibrahim.”

Gasim polled third twice in last year’s presidential elections – successfully requesting the first vote be annulled before again finishing behind Yameen and Nasheed in a rescheduled poll. Gasim eventually threw his support behind Yameen, forming a coalition that saw the latter win the presidency before relations soured earlier this year.

President Yameen had been out of the country during when a fire at Malé’s desalination plant cut off water to the city’s 130,000 residents on December 4. He returned from Malaysia two days into the crisis.

Nasheed has repeatedly suggested Yameen’s frequent trips out of the country may be due to ill health and has called on the President to inform the public of his health.

Yameen’s Progressive Party of the Maldives (PPM) on December 8 said the MDP’s resolution “irresponsible and cowardly.”

“At a time when the government is carrying out urgent efforts to resolve the water shortage in Malé, this party believes that the [MDP resolution] is an activity planned by the MDP leadership to disrupt the country’s peace and security as well as the unity among Maldivians,” read the statement.

The PPM also characterised the national council decision as an “undemocratic and uncivilised” attempt to topple a legitimately elected government.

When asked about the MDP council’s resolution, Yameen on December 7 responded by saying “I do not pay much attention to what Nasheed’s says on such matters.”

Nasheed has also highlighted deteriorating public safety – with at least five fatal stabbings this year, and the disappearance of Minivan News journalist Ahmed Rilwan as a further reason for a changing the government.

The government’s failure to investigate and prosecute serious crimes is tantamount to “deliberate state-sponsored terrorism,” he contended in a statement on the occasion of International Human Rights Day on December 10.

He has also accused senior government officials and elements of the police of complicity in abductions, murder, arson attacks, and gang violence.

“I note that the government has not investigated such incidents that have occurred throughout the year and serious criminals are on the loose. The state has not pressed charges against them,” the statement read.

Nasheed argued that the government’s inaction has caused harm and undermined fundamental rights, calling on the public to “find courage from each other for justice and stand up against inhumane torture.”

Local NGO Transparency Maldives (TM) earlier this week, however, included the MDP’s call for Yameen’s replacement in a list of what is considered a growing trend of instances undermining democratic practices and institutions.

The other issues cited by TM were the removal of two Supreme Court judges this week, and the reappointment of the auditor general in November.

Related to this story

MDP calls on the government to hand power to JP leader Gasim

PPM condemns MDP’s “unlawful” resolution for handover of presidency to JP Leader Gasim

Transparency Maldives notes “grave concern” over undemocratic trends

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Supreme Court takes control of MDP’s Civil Court complaint on Faiz, Muthasim dismissal

The Supreme Court last night took control of a complaint lodged with the Civil Court regarding a judicial watchdog resolution recommending the removal of Chief Justice Ahmed Faiz and Supreme Court Judge Muthasim Adnan.

The opposition Maldivian Democratic Party (MDP) had filed the complaint with the Civil Court on Sunday morning, ahead of an extraordinary Majlis sitting to vote out Faiz and Adnan.

The first hearing was scheduled at 8:30pm, but the Supreme Court’s registrar Mariyam Sham’a Ismail sent a writ of prohibition at 8:40 pm ordering the Civil Court to halt proceedings on the case.

The writ ordered the Civil Court to “to hand over case files, with all relevant documents, to the Supreme Court before 20:45 tonight, 14 December 2014, and to immediately annul any action that may have been taken on the matter.”

MDP had requested the Civil Court to review the legality of the watchdog Judicial Services Commission’s (JSC) letter to the Majlis declaring the two judges guilty of misconduct and incompetence. The complaint also asked the court to issue an injunction against the Majlis vote.

However, a two-third majority of MPs voting removed the two judges before the Civil Court could examine the request for a stay order.

A lawyer who wished to remain anonymous questioned the legality of the writ of prohibition, claiming such an order could only be issued following a sitting of the Supreme Court bench led by the chief justice.

At the time of the writ’s issue, the position of chief justice was vacant. The Majlis only approved Supreme Court judge Abdulla Saeed to the position at an extraordinary vote at 9:30pm.

The apex court’s registrar cannot issue orders on the Civil Court in the absence of a chief justice, the lawyer claimed.

The Supreme Court also had a conflict of interest in the case as it asked for the review of a JSC ruling on the removal of two Supreme Court judges, the lawyer said. Further, Supreme Court Judge Adam Mohamed heads the JSC – the defendant in the case, leading to further conflict of interest, the lawyer said.

Faiz and Muthasim’s dismissal follow amendments to the Judicature Act reducing the seven-member Supreme Court bench to five judges. The revised law ordered the JSC to recommend two judges for dismissal within three days of its enactment.

Judicial independence

The Civil Court had on Saturday night condemned the move and said the Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the Supreme Court bench without due process.

The Civil Court Chief Judge Ali Rasheed Hussein, and Judges Aisha Shujoon, Jameel Moosa, Hathif Hilmy, Mariyam Nihayath, Huseein Mazeed, and Farhad Rasheed said the move was against principles of natural justice and several international conventions, and could “destroy judicial independence” in the Maldives.

However, the ruling Progressive Party of the Maldves (PPM) maintains the bench reduction would facilitate judicial reform and strengthen the judiciary.

Faiz and Muthasim often formed the dissenting opinions in several controversial cases including the decision to annul the first round of elections held in September 2013. Muthasim was the only judge with a background in common law on the bench.

Faiz has since called his dismissal unconstitutional, and said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives.

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he said.

The Human Rights Commission of the Maldives has also sent a letter to Speaker Abdulla Maseeh and Attorney General Mohamed Anil expressing concern over the sudden dismissal of Faiz and Muthasim

How the state acts in the case sets an important precedent in establishing public trust in the judiciary, the commission claimed.

President Yameen’s nephew Shaheen Hameed and two lawyers have also asked the High Court to annul the amendments to the Judicature Act.

Related to this story

Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

MDP asks Civil Court to halt Majlis decision on judges’ removal

Majlis to vote on Chief Justice Faiz, Justice Muthasim dismissal on Sunday

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