Author: Zaheena Rasheed

Evacuation of Israelis demonstrates radical’s threat to guesthouse tourism

On July 28, an Israeli surfer on Thulusdhoo Island vandalised a protest placard featuring a swastika alongside an Israeli flag.

Within hours, an estimated 30 protesters from Malé travelled to the island to call for the expulsion of all Israeli tourists. The new arrivals were temporarily detained while the police evacuated 30 Israelis along with 4 tourists of other nationalities.

The incident has left several guest houses on Thulusdhoo empty and caused the cancellation of bookings, while nearby resorts have called off excursions.

Thulusdhoo, only 40 minutes away from Malé, is home to one of the country’s top surf breaks and – although Israeli arrivals amount to a small fraction (3,253) of the 1 million-plus tourist arrivals in Maldives each year –  Thulusdhoo’s nine guest houses rely heavily on Israeli surf tourism.

“Business will be down for the next three months. If incidents like this occur in the future, guest house tourism will suffer a lot of damage,” said Mohamed Hashim, who runs Batuta Maldives Surf View on Thulusdhoo.

Anti Israeli sentiment has been growing in the Maldives since the onset of the Israeli offensive in Gaza. The Maldives has announced plans to boycott Israeli imports, thousands have marched in solidarity with Palestine, and over MVR5 million has been donated to a humanitarian fund for Gaza.

Maldives luxury resorts – with one hotel on one island – are shielded from the local citizenry and society but they have offered islanders little benefit from its multi-billion dollar profits. Local tourism, on the other hand – while it offers hope of greater wealth distribution – is particularly vulnerable to unrest within the community.

Vigilante action of the sort seen on Thulusdhoo could pose serious risks for this emerging sector.

Real danger?

Interviews with protesters reveal that they had demanded police escort guests off the island through the protesting crowd in order to show tourists “they cannot provoke us”.

One man claimed the Israeli tourists were soldiers and described their actions as condescending. He further claimed the tourists had told locals, “We are Israelis. You cannot do anything to us.”

Condemning the police’s detention of the protesters while guests were evacuated, he said the police had treated the locals “worse than the Jews.” Israeli tourists must face the protesting locals, he argued, claiming even US President Barack Obama had gone to places where shoes had been thrown at him.

“This is a slap to Maldivian Muslim faces. After harming Muslims in that country, they come here, to a Muslim country, stay in a Muslim community and slap us in the face.”

“They have given Maldivians a warning. Just as they are killing children there, tomorrow they will kill your children,” he continued.

Another man said, “They cannot come to the Maldives on that passport. This is a 100 percent Muslim nation. Jew, Christian dogs cannot come into this country.”

No confrontation

Thulusdhoo Island Council President Ahmed Anees has denied the claim of confrontations between protesters and guests, saying that the community had in fact resolved the issue before those journeying from Malé arrived.

Batuta manager Hashim said that, though he did not believe that any of the protesters would have physically harmed guests, guest house owners could not agree to demands for guests to be escorted through the irate crowd.

“Escorting guests off through a crowd opens up opportunity for danger, for example someone in the crowd throwing a stone. We didn’t allow them the opportunity,” he said.

Rumors on social media and irresponsible media coverage had caused the situation to escalate, he said.

“Just as insults to our Prophet Mohamed riles us up, the swastika riles them up. It represents the Holocaust in which millions of Jews died. The guest shouldn’t have vandalised the placard. I do not support their actions. The boards were taken down. The issue was resolved,” he continued.

Protesters have gone on to hold a series of nightly demonstrations in Malé, calling for a ban on tourists from Israel. The Israeli and American flags were burned in front on Relax Inn and Mookai Hotel in Malé on Thursday.

Hashim said he did not see how banning Israeli tourists could have an economic impact on Israel.

“A ban on imports from Israel can cause an economic impact, but banning Israeli tourism is not that important. It affects our economy, not theirs,” he said.

Evacuation “heartbreaking”

Israeli citizen and tour operator Tom Niv – present on Thulusdhoo during the incident – described the evacuation as “heartbreaking.”

“I am fully against ugly behavior. When ugly behavior occurs, whether it’s from Israelis or locals, the police should get involved. As a travel agent, I am not accepting any kind of unwelcome behavior. We are guests in this country and we should respect rules.”

Thulusdhoo is “no longer safe for us,” Niv continued. “That a few extremists can impact a whole nation is crazy.”

Both Niv and Hashim maintained that Thulusdhoo was tourist friendly up until the evacuation.

“The guests mixed with the locals, frequented local businesses such as souvenir shops and went fishing on local boats,” Hashim said.

“There was a really good vibe, even clients posted on social media, look these are Muslims, we are Jews, see how good friends we are and see how much fun we have together,” Niv said.

“Almost everyone who came to Thulusdhoo got really connected with the locals. They weren’t like in resorts, like servants. It was not about money or tips. They really became good friends.”

Anees said residents continue to welcome tourists of any nationality, though he admitted he was now apprehensive of having Israeli tourists on Thulusdhoo.

Repercussions

Hashim fears businesses might now be wary of investing in Thulusdhoo in the future.

“Any act that may harm tourism worries us. Tourism is a very vulnerable industry. Burning flags in front of hotels in Malé and calling for tourism bans will scare off tourists,” he added.

Deputy Minister of Tourism Hussein Lirar said the safety of tourists is the government’s first priority, and that it is holding discussions on preventing similar incidents in the future.

Meanwhile, the Ministry of Tourism and Ministry of Home Affairs are in the process of establishing Tourist Police to deal specifically with tourist affairs.

“This is quite important as the number of tourists coming to Malé is also increasing,” he said.

For Niv, the evacuation will have far-reaching consequences for guest house tourism in the Maldives.

“Israelis are not the only one who went away, Australians, French – not too many – but they will tell their friends that local islands are not safe anymore.”

“Now it is against Israel. But tomorrow it could be against Europeans or against Americans. It shows what can happen in certain conditions. This will definitely damage tourism in local islands and tourism in general,” said Niv.

Demands for a ban on tourists from any country should be directed at the government, while disagreements with any state’s actions ought not to translate into direct threats against tourists.

The incidents on Thulusdhoo reveal the risks radicals could have on guest house tourism. Local disputes over the actions of an Israeli – or a tourist of any nationality – should be taken up with police and local government.

Failure to do so could cause irreparable harm to the guest house sector.

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Transparency Maldives concerned over “stagnation of democratic consolidation”

An assessment of the effectiveness of Maldivian institutions in preventing and fighting corruption points to a “stagnation in democratic consolidation and a reversal in democratic gains,” anti-corruption NGO Transparency Maldives (TM) has said.

Institutions of the National Integrity System (NIS) – consisting of the three branches of the state, public sector agencies, and non-government actors – were evaluated on their resources and independence, mechanisms to ensure transparency, accountability and integrity, and extent to which each institution fulfilled their assigned role in preventing corruption.

The Elections Commission (EC), the Anti- Corruption Commission (ACC) and the Auditor General’s Office were ranked the strongest pillars, while political parties and civil society received the lowest scores.

“The findings show that most institutions do not fully adhere to the legal framework, meaning there is a gap between practices and mandates afforded by the law, and that oversight mechanisms are not working as intended,” TM’s Advocacy and Communications Manager Aiman Rasheed said.

Noting the erosion of the separation of powers and the judicial attempts to undermine the independence of the EC and the ACC, Aiman said he was concerned over the lack of public outcry in instances where the powers of key democratic institutions are undermined.

“What is most worrying is the culture of impunity in the Maldives. There is no outcry from civil society, meaning those who undermine democratic consolidation can get away with almost anything,” he said.

A strong and functioning NIS serves as a bulwark against corruption and as a guarantor of accountability, while a weak system harbors systemic corruption and produces a myriad of governance failures, the report said.

Politicisation

Although the 2008 constitution established a mechanism for separation of powers, the period between 2008 and 2013 saw the legislature and judiciary curbing the powers of the executive and independent institutions, the report noted.

It specifically cited an amendment to the Public Finance Act in 2010, which curtailed the powers of the executive with regard to public finance management and state assets. The revision allows an opposition-dominated parliament to prevent the exercise of governmental policy.

A Supreme Court in September 2012 also limited the ACC’s powers to halt projects or issue binding orders and injunctions, it noted.

‘The verdict has made the commission toothless. We believe the ACC must at the very least have the power to suspend actions perceived as corrupt,” Aiman said.

He also said the 16-point guideline imposed by the Supreme Court on the EC in October is a blow to the commission’s independence.

“There are questions on how much authority the commission has in making decisions on electoral processes and the conduct of elections. The events of the past cycle of elections had had a tremendous negative impact on the Election Commission’s independence,” he said.

Systemic failure

Political parties associated with powerful individuals dominate the People’s Majlis, and their self-serving political practices have constrained the legislature’s ability to function with independence, the report noted.

Although there are provisions to hold the executive in check through budget review, appointment of cabinet, and questioning ministers on policies, in practice, the extent to which the executive was held accountable depended on the level of support the president’s political party enjoyed in the Majlis.

Meanwhile, allegations of political influence within the judiciary, and concerns over the qualifications and suitability of serving judges have raised questions over the independence of the judiciary, the report said.

But key oversight institutions, such as civil society organisations and the media, lack adequate resources and the professionalism necessary to effectively influence government policy for the betterment of society, the report continued.

Systemic weakness in upholding democratic institutionalism was demonstrated by the controversial transfer of power in February 2012, the report said, arguing that former President Mohamed Nasheed’s resignation under questionable circumstances created doubts over the political system’s ability to guarantee democratic governance.

“Although the Constitution of 2008 created a democratic Constitutional Government, the traditionally transmitted undemocratic political practices are also embedded in the new politico-institutional framework, thus weakening the overall institutional framework, and leaving room for misgovernance and political malpractices,” a press statement accompanying the report said.

Recommendations

The report recommended the enforcement of a comprehensive code of conduct for MPs, political appointees, and judges, with penalties for non-compliance.

MPs and political appointees must declare their assets and business interests, and legislation that limits party cross-over in the Majlis must be established, it said.

The executive must be granted more independence in determining public spending, albeit with strong measures to ensure integrity and transparency in decision-making.

Qualification and experience requirements of judges stipulated in legislation need to be enforced and the Supreme Court must exercise greater judicial restraint in interpreting its powers, it said.

The report also called on greater powers to be granted the ACC, Police Integrity Commission, and said that financial and human resources must be provided for the efficient functioning of all political, economic and social institutions.

Read the report here

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Protestors continue call for Israeli tourism ban

With additional reporting by Ahmed Rilwan

A group of 30 people have held a motorbike rally for the fourth consecutive night in Malé urging the government to ban tourists from Israel.

The group – consisting mostly of men – set off from the Social Center on Majeedhee Magu at 11:00 pm on Thursday night. They carried megaphones and black flags with the Shahadha or the Islamic creed declaring the oneness of Allah and the acceptance of Mohamed as Allah’s prophet.

“Expel Israeli tourists!” they chanted and also called for the expulsion of anyone who assists Israel.

The serial protests come in the aftermath of a tourist vandalizing an anti-Israeli placard featuring the swastika along with the Israeli flag on the island of Thulusdhoo on Monday night.

A few hours later, a group of men from from Malé went to Thulusdhoo to demand Israelis be expelled from the country. Subsequently, the Maldives Police Services had to evacuate 34 tourists from the island.

Anti Israeli sentiment has been growing in the Maldives with the mounting death toll in Gaza. Over 1400 people have been killed in the war, Palestinian officials have said.

Protestors in Malé have vowed to continue rallying until the government bans tourists from Israel.

Rally organizer and religious NGO Jamiyyathul Salaf’s President Sheikh Abdulla bin Muhammad refused to speak to Minivan News, alleging irreligious content on the website – a claim Minivan News has consistently denied.

On previous nights, Israeli flags were burnt and protestors gathered in front of Islamic Minister Dr Mohamed Shaheem Ali Saeed’s residence. However, police have now set up barricades infront of the minister’s house and protestors were prevented from accessing the area on Thursday.

The police, in a statement on Wednesday, called on the public to refrain from any acts that may cause anxiety to tourists.

Noting the growth of guesthouse tourism on Thulusdhoo, police said any unrest on the island will affect local businesses. Tourists’ safety must be assured, the police said, adding that unrest may cause irreparable damage to the country’s economic mainstay.

Nine guesthouses have now been registered in the Thulusdhoo. The island – just forty minutes from Malé – is home to one of the countries’ top surf breaks, with a majority of bookings coming from Israeli surfer.s

Mohamed Hashim, a local guesthouse owner, said approximately 60 percent of his bookings came from Israelis.

“It is a big blow for our business. There are three months of surfing left. I don’t know what we will do now,” he told Minivan News on Tuesday.

President’s Office Spokesperson Ibrahim Muaz Ali was not responding at the time of press.

Minister at the President’s Office Mohamed ‘Mundhu’ Shareef told the AFP on Thursday that Israelis must remember they are visiting a 100 percent Muslim country.

“We have not banned them, but Israeli tourists must remember that they are visiting a 100% Muslim country,” Shareef said. “We unequivocally and unconditionally support the Palestinian cause.”

On July 21, the government announced a boycott – admittedly symbolic – of Israeli products and the annulment of all cooperation agreements signed since the resumption of diplomatic ties in 2009.

“I do not think Maldivians want any help from Israel or want to keep up relations with Israel,” said Foreign Minister Dunya Maumoon who has described recent attacks on UN shelters in Gaza as “cowardly and shameful”.

During last week’s meeting of the UN Human Rights Council, the Maldives joined 28 other member states in calling for an independent inquiry into Israel’s violations of international humanitarian and human rights laws in Palestine.

An estimated 13,000 marching through the capital Malé in solidarity with Palestinians earlier in July. Smaller demonstrations were held throughout the country.

Maldivian citizens have also donated over MVR2million (US$130,000) to the Gaza Fund which will be distributed via the Qatari Red Crescent after August 17.

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Man stabbed to death in Thulusdhoo

A 35-year-old man has been stabbed to death on Kaafu Atoll Thulusdhoo Island.

Local media has identified the man as Ali Shiham of Thaa Atoll Kimbidhoo Island. The father of two is married to a Thulusdhoo woman.

According to the Island Council President Ahmed Anees the attack occurred tonight at 7:00 pm near Shiham’s house. He died from his wounds at the Thulusdhoo health center.

One man has been arrested in connection with the murder, the Maldives Police Services have said. The man handed himself in voluntarily and confessed to the murder.

The police have declined to reveal further details.

Vnews have identified the suspect to be a Thulusdhoo man called Niyaz. Citing sources from the island, Vnews said the suspect has a previous record of theft, assault and drug abuse.

A large crowd has gathered at the police station calling on the police to hand the suspect over. “Things are quite heated up here,” Anees said.

According to Vnews, Shiham had broken his fast was smoking a cigarette on the beach near his residence when he was attacked.

There have been 29 murders recorded in the Maldives since 2007.

On Monday, 34 tourists were evacuated from the island after a group of protestors from Malé arrived on the island to call for the expulsion of Israeli tourists after a guest destroyed an anti – Israeli sign.

The sign featured a swastika alongside the Israeli flag in protest of the war in Gaza.

Thulusdhoo – just forty minutes from Malé – is home to one of the countries’ top surf breaks, with a majority of bookings coming from Israeli surfers.

It is too early to say whether there is any connection between the protest and the stabbing, police said.

Meanwhile, five people sustained serious injuries in a spate of street violence in Malé on Monday and Tuesday.

The first incident took place near the Eid Mosque in Maafannu ward around 7:40pm. Muggers attacked a pedestrian from the back and demanded he hand over his mobile phone. The man was hit on the back of his head, police said.

Minutes later at 7:45pm, two men were attacked in Malé’s suburb Hulhumalé Island near Flat no. 60. One of the men was stabbed in the shoulder and the other was stabbed in his head, the police said.

At 8pm, two masked men on motorbikes stabbed a 23-year-old woman in the back in front of a known gang hangout at the junction of Kalhuhuraa Magu and Husnuheena Magu in Malé. The ADK Hospital in Malé said the woman had suffered serious injuries.

An 18-year-old was also stabbed in the back in Heinveiru ward of Malé at 8:40pm on Monday.

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Three dismissed in ongoing strike at Palm Beach Resort

Three senior staff at Palm Beach Resort in Lhaviyani Atoll have been dismissed after 50 staff staged a strike over alleged discriminatory polices at the resort.

According to a staff member on strike at Palm Beach, 50 housekeeping and food and beverage personnel at the resort stopped work at 10:00pm on Tuesday night following a public dispute between General Manager Fabrizio Dani and Restaurant Manager Ali Ashraf.

“We are calling for the removal of general manager from the resort also calling for an end to discriminatory policies between the European and Maldivian staff here,” Ahmed Abdulla told Minivan News.

He claimed the Maldivian staff were fed poor quality food compared to their European colleagues and said the management had failed to provide adequate arrangements for breakfast during Ramadan.

“We were not even given dates to break our fasts,” he said. “We will continue with our strike until demands are met.”

There have been no negotiations between the workers on strike and the management yet, Abdulla said.

In addition to Ashraf, Assistant Manager Ilyas Ibrahim and Supervisor Abdulla Mohamed were dismissed last night. The three have now left the resort.

Speaking to Minivan News, Ashraf said his dismissal had been “unfair.” He alleged the management of Palm Beach resort employed Russians, Italians, and Bangladeshi workers without work visas.

He also claimed the resort’s management had failed to sign employment contracts with the staff and were not paid for overtime work.

Minivan News was unable to contact either Fabrizio Dani or Palm Beach Resort despite repeated attempts.

In March, 18 members of staff at Vilu Reef Resort were fired after a petition detailing grievances. Workers at Maldives Airports Company Limited (MACL) also staged a strike in the same month over low quality of food and cuts to annual bonus pay outs.

Maldivian staff at One and Only Reethi Rah also held a strike in January over alleged ill-treatment by the management.

In a similar case in September 2013, staff at Irufushi Beach and Spa resort reported a “firing spree” affecting staff members professing to support the Maldivian Democratic Party.

According to the Freedom of Peaceful Assembly Act 2013, tourist resorts, ports, and airports fall into a category of places in which protests are prohibited.

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Army ordered the use of expired tear gas and pepper spray on protestors, says dismissed captain

The Maldives National Defense Forces (MNDF) ordered soldiers to use expired tear gas and pepper spray on protestors during the presidential polls of November, dismissed Captain Abdul Muizz Musthafa told the Civil Court on Tuesday.

In a third hearing into an unfair dismissal case, Musthafa claimed he had been dismissed from the army for exercising a constitutionally enshrined right to refuse obedience to unlawful orders.

Musthafa is the first of the nine officers dismissed after President Abdulla Yameen assumed power in November to press charges against the dismissal. The nine were fired for allegedly sowing discord within the military.

The former captain said he had sent photos proving expiration of the tear gas and pepper spray canisters to his superiors via instant messaging service Viber.

But the photos were deleted immediately and the canisters were sent to the armory where razor blades were used to scratch off the expiration dates. The canisters were then sent back for use, Musthafa claimed.

He also claimed he was dismissed in a personal dispute between former Vice Chief of Defense Forces Brigadier General Farhath Shaheer and Chief of Defense Forces Major General Ahmed Shiyam.

MNDF Lawyer and First Lieutenant Mohamed Naseem said the MNDF does not trust Musthafa. The former captain does not uphold military obedience and had spoken out against his superiors on social media, said Naseem.

In response, Musthafa noted the MNDF has not carried out any investigations into misconduct against him to date.

He is seeking reinstatement and has asked the Civil Court to order MVR6 million (US$389,105) in compensation for damages.

In June Brigadier General Ahmed Nilam – dismissed along with Musthafa – also filed a case with the Human Rights Commission (HRCM) relating to his suspension and eventual dismissal from service.

Upheaval and dissent

In a statement on Musthafa’s dismissal, the MNDF accused the captain of collaborating with former Brigadier General Abdulla Shamaal in collecting signatures from MNDF officers on a letter which had been prepared “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

A copy of the letter leaked on social media expressed concern over delays in the presidential elections in 2013, and the repercussions should a president-elect not be determined by the end of the presidential term on November 11.

A statement by the military said Shamaal had leaked the letter on social media “in order to reveal dissent within the military,” and accused Musthafa of aiding Shamaal and planning “to commit dangerous acts using the troops under his captainship”.

The presidential elections of 2013 were marred by repeated delays after the Supreme Court annulled the first round of polls held in September.

Following the MNDF’s first letter of concern, the force amended its regulations to punish officers who promoted “upheaval and chaos.” Several officers were suspended and Shamaal was removed from his position as the commandant of training and doctrine.

In mid-November, as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay the second round of election, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by then President Dr Mohamed Waheed and his political appointees.

Shortly after President Abdulla Yameen was inaugurated, nine senior-ranking officers were dismissed.

On November 25, Chief of Defense Force Major General Ahmed Shiyam called for “100 percent loyalty” from the MNDF.

“Soldiers must have absolute loyalty. Every single man and women working in this institution must have this characteristic. Otherwise, they are lacking the most important characteristic of a soldier,” Shiyam said.

In September 2013, the Civil Court ordered the Maldives Police Services to reinstate former Head of Intelligence Mohamed ‘MC’ Hameed who had been dismissed by the police’s disciplinary board for unspecified offenses.

Local media at the time said Hameed dismissal was related to a report published by the opposition on the controversial transfer of power in February 2012. The police have appealed the case.

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Civil Court protects ballot secrecy in JSC lawyer election

The Civil Court has ruled against setting up polling mechanisms on every inhabited island to elect a representative from the legal community to the Judicial Services Commission (JSC), arguing the move would violate the secrecy of the ballot.

A regulation compiled by Attorney General (AG) Mohamed Anil states ballot boxes can only be placed in islands where more than five lawyers are registered to vote. However, Gaaf Dhaal Fiyori Island Magistrate Abdul Razzak Mohamed asked the court to annul the requirement and asked for a voting mechanism to be established on every island.

An estimated 700 lawyers are eligible to vote in the election. These include 136 magistrates stationed throughout the Maldives.

Judge Ali Rasheed Hussein on Tuesday said the regulations require the vote to be by secret ballot and said voting mechanisms on every island, where only one lawyer casts the vote, would compromise secrecy.

Mohamed had lodged the complaint a day ahead of polls on July 13. Subsequently, the Civil Court issued an injunction delaying the vote.

Former Deputy Prosecutor General and JSC candidate Hussein Shameem who has long criticised judicial interference in the election has welcomed the Civil Court verdict.

“The verdict yesterday proves the Fiyori magistrate had no case. He has caused an undue delay to the process. An election involves the rights of a group of people, not just one individual. I hope the courts consider this in the future and that there are no more delays,” he said.

The Attorney General’s Office has said a new poll date will be announced in August.

Despite ruling against polling systems on every island, the Civil Court said the AG had contravened procedures in the voter registration process. The regulations state eligible voters must be given a four day period for registration once polling date is announced.

However, the call for registration came before the finalised voter list was published, the ruling said.

Magistrate Mohamed did not attend the hearing. But Judge Hussein delivered the ruling in absentia on the wishes of the AG’s office. Judges are authorised to throw out complaints if the complainant fails to attend a hearing.

Four candidates are contesting in the vote. They are Hussein Shameem, Anas Abdul Sattar, Mohamed Faisal, and Latheefa Qasim.

Lawyer Mohamed Fareed withdrew his name on July 10, expressing concern over judicial interference in the election following the Supreme Court’s ruling allowing all licensed lawyers, including sitting MPs and judges, to vote in the election.

“The belief that an election in the Maldives may proceed without Supreme Court interference is against the facts, reality. This is the reality now,” he said at a press conference.

Had voting mechanisms been set up on every island, magistrates would have been forced to vote for the judiciary-backed candidate Latheefa Qasim, he suggested.

Latheefa is a public relations staff at the Department of Judicial Administration and served on the JSC for a year as former President Dr Mohamed Waheed’s appointee to the commission. Latheefa did not respond to calls at the time of press.

Meanwhile, former AG Husnu Suood has accused businessmen and judges of influencing the JSC lawyer election, suggesting Latheefa is backed by Jumhooree Party leader Gasim Ibrahim.

“We have to do a lot to protect the integrity and independence of the legal profession. We, lawyers, can only uphold independence and integrity of the legal profession if we minimise the influence of judges and businessmen in such elections. I think businessmen actively influencing and actively campaigning for individuals who stand for the election obstructs the independence of both the judiciary and the legal profession,” he said.

Suood has also accused the ruling Progressive Party of the Maldives of attempting to fix the composition of the new JSC.

Although he is skeptical of reform through the commission, Suood urged lawyers to back Shameem in order to ensure transparency within the JSC.

“If there is a single effective candidate, I believe they can give us information and work to make the JSC more transparent. There is a huge difference between one person being there and none being there,” he said.

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President pardons former MP Abdulla Jabir

President Abdulla Yameen on Wednesday pardoned former opposition MP Abdulla Jabir who was serving a one-year jail term for refusal to provide urine.

The former Maldivian Democratic Party (MDP) MP and tourism tycoon was pardoned under powers granted to the president by the Clemency Act.

Jabir was arrested during a police raid on Hondaidhoo Island in November 2012. The police claimed they found large amounts of narcotics and drugs.

The ten individuals arrested from Hondaidhoo also include former MDP MP Hamid Abdul Ghafoor and former President Mohamed Nasheed’s Special Envoy Ibrahim Hussein Zaki.

Jabir claimed he had been tortured during the arrest and that the police did not follow due process in asking for a urine sample. But the Criminal Court said Jabir was unable to substantiate his case and sentenced him to one year in jail in February.

Subsequently, Jabir’s lawyers said the sentence “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives.”

Lawyers suggested that Criminal Court Judge Muhuthaz Muhusin had failed to consider procedural issues raised by Jabir’s defence, thereby failing to observe the principles of natural justice.

The statement also suggested that the Jabir’s constitutional rights to adequate time and facilities for his defence – also guaranteed under the International Covenant on Civil and Political Rights (ICCPR) – were not met.

Jabir’s legal representatives noted that the police’s mistreatment of the MP at the time of arrest had been confirmed by the Police Integrity Commission but had not been taken into account by the judge.

After investigating the case – which involved medical records showing injuries sustained by Jabir as well as a video of one officer kicking the MP in the head – the PIC said it could not forward the case to the prosecutor general as the identity of the officer could not be determined.

During the trial, Jabir had claimed testimony given against him by arresting officers was inadmissible, alleging that the officers in question had been responsible for his mistreatment.

“It is regrettable that the Judicial process that we are to respect and obey has shown such a blatant disregard for the principles of justice and the rule of law,” concluded the statement.

Political career
Jabir ran for the Kaashidhoo constituency from jail, but lost the election in March. He asked the High Court to invalidate the polls claiming his right to campaign had been restricted. But the court rejected the appeal.

In April, Jabir was temporarily released from jail for a period of three months to obtain medical treatment in Malaysia for respiratory difficulties. He was jailed on his return on July 10.

The prosecutor general also pressed charges against Jabir for alcohol and cannabis possession. But the Criminal Court in February acquitted him of cannabis charges in February and alcohol charges on July 10.

Hamid was also acquitted of alcohol possession on the same day.

Jabir was elected to the People’s Majlis on the Jumhooree Party (JP) ticket in a by election in 2012 after the former Kaashidhoo MP Ismail Abdul Hameed was sentenced to one year and six months of banishment for corruption.

He is well known for his frequent party defections. His first political party was Dhivehi Rayithunge Party during the presidency of Maumoon Abdul Gayoom in 2005. He switched to current President Abdulla Yameen’s People’s Alliance in 2007.

Jabir then defected to the JP ahead of the 2008 presidential elections, backing JP leader and business tycoon Gasim Ibrahim.  Jabir was also appointed as the party’s deputy leader.

He subsequently switched to the MDP, holding senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

During the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed in early 2012, however, Jabir once again declared that he had defected from the MDP back to the JP.

Following his arrest and charges of alcohol possession in late 2012, Jabir became an open critic of the Waheed government, eventually reverting back to the MDP in December the same year.

The MDP’s disciplinary committee in January this year invalidated Jabir’s ticket for the Majlis election after he repeatedly breached the party’s whip by voting for President Yameen’s cabinet in December.

Jabir had won the ticket by default due to a lack of contenders.

However, an appeals committee overruled the decision stating that the disciplinary committee could only issue a warning, levy a fine, and suspend or revoke party membership.

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Candidates threaten boycott after judicial interference in JSC lawyer election

Four of the five lawyers competing in an upcoming poll to elect a lawyer to the Judicial Services Commission (JSC) have threatened a boycott after judicial interference.

Lawyers Hussein Shameem, Mohamed Fareed, Anas Abdul Sattar, and Mohamed Faisal expressed concern over reports the Supreme Court may allow judges in magistrate courts in the islands to vote via fax on July 13 – a move, which would violate the secrecy of the ballot.

The attorney general had initially compiled regulations barring judges who have lawyer permits from voting to elect a representative from the lawyer community.

But the Supreme Court on June 23 ruled that all licensed lawyers, including judges and MPs, would be eligible to vote in polls.

Lawyers have said the decision allows judges undue influence in electing a representative from the legal community, pointing out judges already have three representatives on the ten-member commission.

AG Mohamed Anil then extended the initial deadline for candidates to submit applications from June 24 to June 30.

Subsequently, a public relations staff member at the Department of Judicial Administration (DJA), Latheefa Qasim, applied for the position. Latheefa worked at the DJA until she was appointed as President Dr Mohamed Waheed Hassan’s representative to the ten-member commission.

Latheefa was replaced when new President Abdulla Yameen took oath of office in November 2013.

The four candidates have said Latheefa appears to be backed by the judiciary.

“There is a conflict of interest when an individual employed with the judiciary to improve its image is running for an oversight body,” Shameem said.

Fareed said Latheefa running in the election is like disgraced Supreme Court Judge Ali Hameed standing for the position.

Meanwhile, both Anas and Faisal have raised questions over Latheefa’s eligibility, noting JSC regulations state no JSC member can run for consecutive terms.

Faisal said he believed Latheefa had completed a term as she had sat in the commission as a presidential appointee in the current term.

If Latheefa is eligible to run, any current member could resign now, and run again claiming they have not completed a full term, he said.

“There is doubt over whether Latheefa Qasim is standing on her own initiative or is being fielded by other interests. I say this because she submitted her application after the Supreme Court ruling, when the deadline was extended,” he added.

Latheefa was not responding to calls despite repeated attempts at the time of press.

All four candidates insisted the criticisms were not a personal attack on Latheefa.

The four met last week and discussed whether to field a single candidate against Latheefa, but decided to run separately, claiming they still stand a fair chance of winning elections as long as the secrecy of the ballot is protected.

Polling booths are to be set up in Arabiyya School in Malé and in islands where more than five eligible voters are registered to vote. They are Haa Alif atoll Ihavandhoo, Haa Dhaal atoll Kulhudhuffushi, Thaa atoll Veymandoo, Laamu atoll Fonadhoo and Gaaf Alif atoll Villingili.

“There is no point of contesting elections if the secrecy of the ballot is affected. There are approximately 136 magistrates court judges – a number than can significantly change the election outcome. If there is a perceived judiciary backed candidate, they will be forced to vote for the candidate endorsed by the judiciary, if the secrecy of ballot is violated,” Faisal said.

Fareed said the four candidates are still ready to field a single candidate or boycott the election if necessary should the judiciary interfere in election procedures.

“We will not blindly obey the Supreme Court’s decisions,” Fareed said.

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