Author: Zaheena Rasheed

Bar Association calls for Ali Hameed suspension

The Maldives Bar Association has called for the suspension of Supreme Court Judge Ali Hameed pending an investigation into allegations over the judge’s appearance in a series of sex tapes.

Hameed’s continued presence on the Supreme Court bench contravenes the Islamic Shariah and the norms of justice, the organisation said in a press statement on Monday.

“Given the serious nature of the allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

Three videos showing Hameed engaging in sexual relations with foreign women in a Colombo hotel room first surfaced in May 2013. The judicial oversight body Judicial Services Commission (JSC) set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation. In July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

JSC member Shuaib Abdul Rahman and former member MP Ahmed Hamza have accused JSC President and Supreme Court Judge Adam Mohamed of stalling the investigation into the scandal.

The JSC’s four-month delay in a decision undermines public trust in the judiciary, the Bar Association said.

President of the Bar Association Husnu Suood, and former member of the second JSC committee set up to investigate the scandal has suggested his suspension from practicing law – handed down by the Supreme Court in January – was related to his role in the investigation.

The Supreme Court withdrew the suspension on Sunday on the condition he refrains from engaging in any act that may undermine the courts.

The Maldives Police Services had completed an investigation into Suood’s alleged contempt of court, but the Prosecutor General’s Office decided not to press charges.

Meanwhile, the police in December said it still could not ascertain if the sex tapes are genuine. Local media have claimed the Maldives Police Services have been unable to proceed with investigations due to the Criminal Court’s failure to provide two key warrants.

The Bar Association has said the JSC must expedite a decision on Hameed’s suspension to uphold public trust.

“Judgments by judge who’s integrity has been questioned is not acceptable under the Islamic Shari’a, given that even testimony from an unreliable source is not accepted,” the statement said.

Hameed contributed to a majority verdict in a series of controversial Supreme Court judgments in recent months, including the annulment of the first round of presidential polls in September 2013, stripping two opposition MPs of their Majlis membership over decreed debt, and the removal of Elections Commission president and vice president.

In May 2013, the Supreme Court requested the Ministry of Home Affairs look into the procedures by which the Bar Association was established, claiming the use of the word ‘Bar’ in the association’s name had lead to “confusion” among international legal and judicial groups.

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Government warns of dengue and scrub typhus risk on World Health Day

Minister of Health and Gender Dr Mariyam Shakeela has noted an increase in the incidence of mosquito-borne dengue and mite-borne scrub typhus in the Maldives.

In a televised address to mark World Health Day, Shakeela said increased travel, trade, migration and climate change is leading to an increase in insect-borne diseases worldwide.

Dengue fever has become endemic in the Maldives since 2004, she said.

“I am deeply saddened to note that individual level action to control diseases spread by small insects is not being taken. The result is the increase in dangerous diseases such as dengue and scrub typhus and deaths,” said the minister.

There were 680 reported cases of dengue in the Maldives in 2013, a decline from 2006 peak of 2,788 cases, the Health Protection Agency (HPA) said.

The year 2011 also saw a relatively severe outbreak of dengue in the Maldives, with fatalities reaching a dozen – a record high in the country’s history. In 2012 there were a total of 1,083 dengue cases in the Maldives. Construction workers face an increased risk, the HPA has said.

Deaths have also been reported from scrub typhus due to failure to seek healthcare and improper diagnosis, epidemiologist at the HPA Dr Aishath Aroona told Minivan News.

The Health Ministry runs a yearly campaign called ‘Madhiri Rulhi Rulhi’ (‘Unfriendly to Mosquitoes’) to limit mosquito breeding during the rainy season.

Waste management and cleanliness are the most effective methods of controlling mosquito breeding grounds, Aroona said.

The Maldives eradicated malaria in 1984, making it the only country in the region to have done so. The last case of mosquito-borne filariasis was recorded in 2003, and the Health Ministry will complete a screening and surveillance project by October to determine the eradication of the filariasis vector, the ministry has said.

According to the World Health Organisation (WHO), mosquito-borne dengue has spread from nine to over a hundred countries, making it the most rapidly spreading vector-borne disease. Over 40 percent of the global population is at risk from dengue, the organisation said.

The WHO’s World Health Day campaign this year – ‘Small Bite, Big Threat’ – focuses on the risks of diseases spread by mosquitoes, flies, ticks, and freshwater snails.

The International Federation of Red Crescent and Red Cross Societies (IFRC) has called on governments for a shift in approach, from responding to isolated dengue outbreaks to investing in long-term programmes for behavioral change.

“This can be done by empowering communities with essential knowledge concerning hygiene and environmental sanitation, training and engaging community health volunteers to identify and refer suspected dengue cases and improving community-based disease surveillance,” the IFRC said in a recent report

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Inmate suffers serious head injuries in Maafushi Jail fight

A Maafushi Jail inmate is currently undergoing surgery in Malé’s Indhira Gandhi Memorial Hospital (IGMH) following a fight at the jail.

Ibrahim Azar of Maafannu Dhodhilge was brought to Malé at around 9:00pm with serious head injuries. He was serving a five year drug abuse sentence. Eyewitnesses say he was unconscious at the time.

Speaking to local broadcaster Raajje TV, Azar’s mother said she had rushed to the hospital after she received reports that her son had been injured in a fight.

“They [police] told me there is no danger. It was just a fist-fight. He does have head injuries. He is talking with his hands. But I asked if he is not injured, why is he talking with his hands?” she said.

Following a CT scan, doctors later told her Azar had suffered several injuries to his skull and needed major surgery.

“My hands were shaking so a relative had to sign the consent forms for surgery,” she said.

Azar is currently serving his second year in jail. His mother said she has not spoken to him in over a month.

“I have not received the six minute phone call I should get from jail,” she said.

Speaking to local newspaper Sun Online, Azar’s brother said: “Even when he was taken out from the emergency room to the operation theater, he was bleeding heavily from his head. The bandage around his head was soaked in blood.”

The fight reportedly occurred between Azar and another inmate.

A Maldives Police Services team is currently at Maafushi Jail to investigate the case.

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Deputy PG slams Criminal Court over new regulations

The Criminal Court has usurped a Supreme Court power in issuing new regulations outlining procedures to be followed in submitting cases, Deputy Prosecutor General Hussein Shameem has said.

The Criminal Court today rejected 60 cases submitted by the Prosecutor General’s (PG) office, claiming cases did not fulfill criteria specified in regulations publicised on February 19.

However, Shameem said the Judicature Act only allows the Criminal Court to compile regulations administering internal affairs, and does not allow the court the authority to issue regulations governing external affairs.

It is the Judicial Council or the Supreme Court which has the power to issue such regulations, he said.

The Supreme Court abolished the Judicial Council in March 2011 claiming the council is unconstitutional and assumed its powers, including the power to compile regulations and policies on administration of the courts.

The Criminal Court’s regulations issued unilaterally also allows other courts to compile their own regulations, which may result in different procedures for each court and affects the right to equality guaranteed by the constitution, Shameem said.

“For example, the Criminal Court says cases involving serious crimes must be submitted within 45 days. What if the Maakurathu island court decides cases must be submitted in 15 or 60 days? This impacts the investigation process and means prosecutors must change procedures depending on which court they want to submit cases to,” he said.

The Criminal Court and PG’s office have been at odds over criminal proceedings following former PG Ahmed Muiz’s resignation in November.

The court suspended all ongoing cases and refused to accept new cases citing parliament’s failure to appoint a new PG within 30 days of Muizz’s resignation.

The Supreme Court, on Shameem’s request, ordered the Criminal Court to restart trials, but the court only began hearings in ongoing cases and refused to accept new cases.

The Supreme Court on February 18 released a new ruling ordering the court to continue with ongoing cases and accept new cases to ensure the criminal justice system continues.

Shameem said the Criminal Court’s new regulations had been applied retroactively.

“There are a 153 people in pre-trial detention. There are many others who are unable to find employment due to ongoing criminal cases. The Criminal Court’s actions are affecting a public service,” he said.

The PG office has a backlog of over 500 cases ready for prosecution, he added.

The Human Rights Commission of Maldives last week called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

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Supreme Court’s contempt trial against Election Commission “unjust”, says Nasheed

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The Maldivian Democratic Party (MDP) is “extremely concerned” over the Supreme Court’s contempt of court charges against the Elections Commission (EC), former President Mohamed Nasheed has said.

Speaking at a press conference today, Nasheed said the trial is “unjust” and is against the spirit of the constitution. He pledged to use all means to stop the case.

The Supreme Court on February 12 summoned the four members of the EC to an unannounced contempt of court trial under new ‘Suo motu’ regulations that allow the apex court to initiate trial and act as plaintiff and judge.

“If Election Commission members are removed, then there cannot be a fair election. MDP will not participate in such an election,” Nasheed told the press today.

The Supreme Court has accused the EC of contempt, claiming it had criticised the verdict which annulled the first round of presidential elections held in September 2013, as well as disobeying the court’s orders by dissolving eight political parties earlier this month.

During the second hearing in the case, EC lawyer Hussein Siraj said the commission had not received a document outlining charges and asked the five presiding judges to clarify and specify charges against the commission, but Chief Justice Ahmed Faiz asked the lawyer to respond to the charges to the extent he understood them.

The four commission members denied the charges, and expressed concern over the use of privileged testimony given at the People’s Majlis independent institutions oversight committee as evidence for contempt.

The constitution protects testimony provided at the Majlis unless it contravenes an Islamic tenet. Judge Ahmed Abdulla Didi claimed establishing justice to be an Islamic tenet and said the EC’s testimony at the People’s Majlis obstructed justice.

Nasheed said the if the MDP received a parliamentary majority it will add judges to the Supreme Court bench by amending the Judicature Act. Increasing the number of judges would “dilute harsh ideologies” on the bench, he said.

“Reforming the judiciary is essential for development and to protect Maldives’ sovereignty,” Nasheed said.

If the MDP receives a two-thirds majority, the party could impeach Supreme Court judges, he noted.

The MDP will also revise legislation governing the judicial watchdog body – the Judicial Services Commission (JSC) Act – to ensure the organisation’s decisons cannot be reviewed through the courts and to limit the powers of the JSC president.

In 2012, the Civil Court issued an injunction halting disciplinary action against Criminal Court Chief Judge Abdulla Mohamed. Mohamed is a key figure in the events leading up to Nasheed’s ouster in February 2012.

Meanwhile, JSC members have alleged JSC President and Supreme Court Judge Adam Mohamed had stalled an investigation into Supreme Court Judge Ali Hameed’s sex-tape scandal.

In addition to initiating proceedings against EC members, the Supreme Court has in the past ordered police to investigate MDP-aligned private broadcaster Raajje TV over a report the station aired comparing the Maldivian justice system to that of ancient Sodom, suspended lawyers for publicly criticising the judiciary, and sought criminal charges against MPs for allegedly defaming the court.

Fair administration of justice was essential for a just society, Nasheed has said previously, pledging to complete the MDP’s ‘journey to justice’ campaign to reform the judiciary.

“Our government was toppled because we began this journey. All the obstacles we are facing is because of this reason. Nonetheless, we will not back down and, God willing, we will succeed in this task,” he said.

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MDP wants parliamentary majority to oust government, says President Yameen

President Abdulla Yameen has called on the Maldivian public to grant the ruling coalition a majority to fulfill its campaign pledges, and said the opposition Maldivian Democratic Party (MDP) is seeking a parliamentary majority in order to oust the government.

Speaking at a campaign event for Gemanafushi candidate Jameel Usman held last night, Yameen said Majlis approval is essential for development projects and said the government cannot bring development without Majlis cooperation.

Former President Mohamed Nasheed, while campaigning on behalf of the MDP this weekend, denied that his party would seek to obstruct development should it win a majority in the house.

The ruling Progressive Party of the Maldives (PPM) and its allies the Jumhooree Party (JP) and the Maldives Development Alliance (MDA) are contesting the March parliamentary elections as a group, with 50 of the 85 seats allocated to the PPM, 28 to the JP and 8 to the MDA.

The former MP for Mulaku constituency, Yameen also launched a scathing criticism of the first democratically elected parliament, claiming the Maldivian public had lost confidence in the current Majlis.

Salaries and allowances of MPs do not match their work, he said and called on the public to elect courageous and educated individuals who are willing to work against corruption.

“Maldivian citizens do not want the People’s Majlis to be a place where people who have committed huge crimes or committed offenses against the law go to get immunity,” he said.

At a separate campaign event also held last night for Laamu Atoll Isdhoo candidate Ahmed Rasheed, former President Dr Mohamed Waheed requested that the public give the coalition a majority.

The public had elected Yameen to the presidency and must now grant the coalition a majority so that the government can fulfill its pledges, he said.

Meanwhile, former President Maumoon Abdul Gayoom asked independents who are contesting Majlis elections to withdraw their names and support coalition candidates instead.

“A PPM member or any other party member must not run against a coalition candidate. If you do so, it will be very sad for us. That is because it will divide votes of those who hold the same ideology. If votes are divided, we will lose the seat,” he said.

Speaking at MP ‘Red Wave’ Ahmed Saleem’s campaign launch ceremony in Malé, Vice President Dr Mohamed Jameel Ahmed said the PPM candidates would bring peace and stability to the Maldives.

“Let us not provide an opportunity for those who call to take the law in our hands, for fear and citizens to be weakened every time there is a disagreement,” he said.

The current government had allocated MVR400 million to provide recreational facilities and vocational training for youth, he said.

The government will introduce unlimited health care under the Aasandha scheme on Monday to mark the PPM’s 100 days in government, Jameel promised. Unlimited Aasandha will end begging for financial aid for chronic illnesses, he said.

In Addu City, Defense Minister Mohamed Nazim inaugurated the campaign for the Hithadhoo Uthuru constituency, and pledged to establish a 100 bed hospital in the city.

“We will build a 100 bed hospital in this island, god willing, as a pledge by this government. This hospital will not go elsewhere,” he said noting the current 50-bed hospital is not sufficient to cater to Addu City’s population.

The PPM government will also establish water and sewerage systems in Addu City by the end of the year, he promised.

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Majlis removes MP Hamza from judicial watchdog

The People’s Majlis has removed MP Ahmed Hamza from the judicial watchdog body – the Judicial Services Commission (JSC).

Speaker Abdulla Shahid sent a letter to the JSC President and Supreme Court Judge Adam Mohamed informing him that Hamza is no longer a member of the commission following his decision to contest parliamentary elections.

Hamza is standing in the March 22nd election for the Bilehdhoo constituency in Faafu atoll.

Shahid said Hamza had lost his seat as Article 10 of the JSC Act states that a commission member will lose their seats if they stand for a political position elected under the constitution or a law.

Speaking to Minivan News, Hamza said he did not believe Shahid’s interpretation is accurate.

“But I accept the decision since Article 14 of the act states that the parliamentary representative can only be removed by the People’s Majlis,” he said.

Hamza has previously said that the speaker and Majlis representative should be exempted from Article 10 “as it creates a legal vacuum.”

Meanwhile, Shahid has also announced he will contest the Majlis elections. Hamza said his removal from the JSC meant that Shahid might also lose his seat.

Judge Adam Mohamed sent a letter to Hamza and President Abdulla Yameen earlier this week claiming Hamza’s position was now vacant.

Hamza responded by stating his belief that Adam Mohamed’s attempt to remove him was intended to reduce the number of members who advocated for judicial reform and an investigation into Supreme Court Judge Ali Hameed’s alleged involvement in a series of sex tapes.

Similarly, former Attorney General Husnu Suood has suggested his suspension from practicing law – handed down by the Supreme Court last month – was related to his role in the JSC’s investigation into the Hameed tapes.

Sheikh Shuaib Abdul Rahman – the public’s representative on the JSC  – has also accused Judge Adam Mohamed of stalling the JSC’s investigation into the Hameed scandal.

Adam Mohamed had refused to schedule a vote on whether to suspend Hameed following his refusal to cooperate with the investigation, Hamza said.

“The JSC cannot be productive as long as Adam Mohamed remains the president,” he said. “I call on the public to pressure the JSC to table the motion to suspend Ali Hameed,” he said.

Hamza has previously accused judges of using legal loopholes to preventing the JSC from functioning.

The Supreme Court in January prevented a JSC attempt to shuffle judges in the superior courts, stating that the authority to do so was reserved by the Judicial Council – a body which had previously been annulled, and whose powers have been assumed, by the Supreme Court.

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Criminal Court accepts cases from PG after second Supreme Court order

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The Criminal Court has today started to accept new cases submitted by the Prosecutor General’s (PG) office after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

“It is essential that the criminal justice system proceeds as it has done to uphold the rule of law as per the constitution. Hence, we order the Criminal Court to continue trials in ongoing cases, to continue to rule on essential issues such as pre-trial detentions within the criminal justice system as before, and to accept cases submitted by the Prosecutor General’s Office,” the Supreme Court order read.

The Criminal Court in December suspended all ongoing cases and decided not to accept new cases filed by the PG office, claiming the court cannot proceed with trials in the absence of a PG.

Former PG Ahmed Muizz resigned from his post in November shortly before the parliament was due to vote on a no confidence motion.

The Supreme Court on deputy PG Hussein Shameem’s request ordered the Criminal Court to restart trials. The court began hearings in ongoing cases, but refused to accept new cases.

The lower court argued that the order had stated cases must be accepted as per regulations – which it suggested could be breached by beginning trials in the absence of a new PG.

With the new order, the Criminal Court subsequently accepted 20 new cases today.

Shameem has said the backlog of cases pending at the PG office has now reached 533 with the Criminal Court’s recent stance. This figure includes 196 cases of suspects in pre-trial detention.

Speaking to Minivan News today, Shameem said it would now take over a month to clear the backlog.

“We will together work with the Criminal Court and hope for greater cooperation in the future,” he said.

The Human Rights Commission of Maldives on Monday called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

The Supreme Court is at present holding trial over the Elections Commission (EC) claiming the commission has disobeyed the court’s orders by dissolving political parties.

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Human Rights Commission concerned over delay in PG appointment

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The Human Rights Commission of the Maldives (HRCM) has called on the People’s Majlis to expedite the appointment of a Prosecutor General (PG) stating the delay violates citizens right to justice.

The commission has said the delay in appointing a PG affects a citizen’s right to seek justice, especially criminal justice, and has called on all three branches of the state to uphold the Constitution.

Former PG Ahmed Muizz resigned from his post in November shortly before the parliament was due to vote on a no-confidence motion against him.

A month later, the Criminal Court suspended all ongoing cases and decided not to accept cases filed by the PG’s Office, claiming that the constitution stipulates a new PG must be appointed within 30 days of vacancy.

The Supreme Court ordered the Criminal Court to restart trials, but the court has refused to accept new cases, only resuming those already started. Deputy PG Hussein Shameem then sought a second Supreme Court order, with the Criminal Court again refusing to cooperate.

The lower court has argued that the order stated that cases must be accepted as per regulations – which it suggests would be breached by beginning trials in the absence of a new PG.

Shameem has responded to the court’s claims by pointing out that it had failed to specify which regulations the PG’s Office has violated.

“There is no such regulation. I have not seen a regulation that says so,” he told Minivan News.

He has argued that the Majlis’ delay in appointing a PG must not obstruct a citizen’s right to seek justice.

The backlog of cases pending at the PG office as a result of the Criminal Court’s refusal to accept cases has now reached 533, Shaheem has revealed – this figure includes 196 cases of suspects in pre-trial detention.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party (MDP) to the government-aligned Jumhooree Party – told newspaper Haveeru shortly after the Supreme Court issued its order that the vetting process was stalled due to lack of cooperation from political parties.

While one committee meeting, scheduled to take place during the ongoing recess to interview the nominee, was canceled upon request by pro-government MPs, Sameer said a second attempt to meet was unsuccessful as MDP MPs had opposed it.

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