Author: Zaheena Rasheed

Supreme Court uses Majlis testimony in EC contempt trial

Elections Commission (EC) testimony given during a People’s Majlis committee has been used in today’s Supreme Court trial to implicate the four commission members for contempt of court and disobedience to order.

The Supreme Court is prosecuting the EC under new ‘Sumoto’ or ‘Suo motu’ regulations that allow the apex court to initiate hearings and act as both plaintiff and judge in a trial.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

But, claiming establishing justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi today said the EC’s testimony at the independent commissions oversight committee obstructed justice and could be used in a court.

EC President Fuwad Thowfeek has denied the charges against the commission: “Testimony provided at the People’s Majlis committee was not given to hold the court in contempt, but to be held accountable to the EC’s actions – these testimonies are privileged information.”

The Supreme Court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

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 a Supreme Court order by dissolving eight political parties earlier this month.

Surprise Trial

The four members of the EC were summoned to an unannounced trial on Wednesday. After being given case documents just minutes before the trial began, the commission was granted an opportunity to respond today.

Case documents included newspaper articles and testimonies provided at the Majlis, but did not include any documents outlining specific charges. The charge sheet was handed to the commission only minutes before today’s trial began.

At today’s hearing, EC lawyer Hussein Siraj asked the Supreme Court to specify charges, arguing that the commission could only respond if the court clarified which statement made – at which location, time, and date – amounted to contempt of court.

Siraj also asked the court to specify which of the commission’s actions constituted a disobedience to which order.

Chief Justice Ahmed Faiz then asked Siraj to respond to the charges to the extent that he understood them.

After a short break, all four members returned to the court room and separately denied the charges.

At today’s hearing, judges accused the EC of administrative failures and irresponsibility. They said the EC does not have the authority to raise doubts regarding the court’s decisions or to complain over the practicality of the electoral guideline.

Judge Abdulla Saeed also questioned whether the EC was now a legal entity, claiming the constitution stipulated that the committee must hold five members instead of four. The fifth member of the commission – ‘Ogaru’ Ibrahim Waheed – resigned in October 2013, citing health complications.

Four of the five judges who presided over today’s hearing are the four judges who voted to annul the election in October and strip two MPs of their Majlis membership in November. Among these four is Ali Hameed who has been implicated in a series of sex tapes last year.

EC response

Denying charges, Fuwad said any response given to questions posed by MPs in the People’s Majlis is privileged information. The EC is constitutionally bound to answer such questions, he said.

Vice President Ahmed Fayaz said there were only two things Muslims cannot challenge – the Qur’an and Prophet Mohamed’s Sunnah. Fayaz said he had not disobeyed the Supreme Court’s decisions, but had spoken to the media regarding the implications or outcomes of the court’s verdicts.

Meanwhile, Ali Mohamed Manik said the commission must answer questions posed by the media in order to be accountable to the public and said he was ready to swear on Allah’s name that he had not disobeyed a Supreme Court order.

Member Mohamed Farooq said he had never spoken to the media at a press conference because he had seen many individuals being prosecuted for speaking the truth before

“There are people ready to sacrifice themselves for democracy and freedom. I am not one of them,” he said.

However, he said he was obliged to provide truthful testimony at the People’s Majlis and that such a testimony must be held within the four walls of the parliament.

Contempt of court

Judge Didi said that labelling the Supreme Court’s electoral guideline to be onerous or suggesting a Supreme Court verdict should not be obeyed amounted to contempt of court.

Didi said the Supreme Court had in its possession a letter sent by the EC to the Attorney General (AG) “complaining” of the difficulties in implementing the court’s guidelines, and asking for advice on whether to abide by them.

Judge Ali Hameed said the EC had no authority to seek a second opinion on a Supreme Court verdict.

Judge Abdulla Saeed said the Supreme Court’s verdict could not be questioned, as it is the last word on any issue.  He said the Supreme Court’s verdicts are similar to a law passed by the People’s Majlis and members of the public cannot disobey or complain about the law.

The letter to the AG questioned the Supreme Court’s mandate in issuing a guideline, Saeed said. The guideline was imposed to uphold the constitution and enhance the electoral process, he claimed.

Fuwad said the EC had asked the AG for advice with good intentions and maintained the commission had always abided by the Supreme Court’s decisions. He pointed out laws are subject to review and argued Supreme Court decisions can be revised.

Saeed also censured the EC’s criticism of the evidence used by the Supreme Court to annul the verdict. In response, Fuwad said there were “glaring irregularities” in the police forensic report used to invalidate the election.

Analysis of the report showed that voters listed as dead were in fact alive and voters listed as minors were in fact eligible. But Saeed said the Supreme Court had also relied on witness statements in issuing the verdict.

The UN has dismissed the police forensic report after conducting an expert review with UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco stating that the election was inclusive and met international standards.

Meanwhile, the Commonwealth Observer Group who monitored all rounds of the presidential election said the Supreme Court guideline “appeared to undermine the authority of the Election Commission, were inconsistent with or contrary to electoral law, and were at odds with the Constitution,”

Dissolution of political parties

The EC is also being charged with violating a January 9 Supreme Court order, which invalidated an EC order to smaller political parties requiring them to raise their membership to 10,000.

The EC had sent the letter as per Article 27 of the Political Party Act that states that it must give political parties a three-month deadline to increase party membership to 10,000.

The Supreme Court on January 9, however, ruled that the letter was invalid as the apex court had in September struck down Article 11 of the act, which states that a political party must have 10,000 members for registration. The Supreme Court then stated that the EC must consider minimum requirement for membership to be 3,000 members as per previous political party regulations.

The Supreme Court today said any article referring to 10,000 members was no longer functional with the invalidation of Article 11.

Judge Adam Mohamed repeatedly questioned the EC over whether any court order or verdict allowed them to dissolve any party with less than 3000 members.

EC members argued the Supreme Court had not expressly forbidden the dissolution of political parties with membership less than 3,000 in any verdict or order, arguing that the Political Party Act afforded the EC the authority to dissolve political parties.

Manik said the EC had not dissolved any party with membership higher than 3,000. Some parties among the eight dissolved did not even have 500 or 600 members, and had not submitted audit or annual reports and were a financial drain on the state’s resources, he said.

Manik also pointed out none of the annulled parties had complained over the commission’s decision.

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ACC to probe Civil Court Judge bribe claim

Read this article in Dhivehi

The Anti- Corruption Commission (ACC) is to launch an investigation into a Civil Court judge’s claim that she was offered a US$5 million bribe.

Speaking on Maldives Broadcasting Corporation’s (MBC) Friday afternoon show ‘Heyyambo’ Judge Aisha Shujoon Mohamed said there was some truth to the belief judges accepted bribes in the Maldives, revealing that she had been offered a US$5 million bribe herself.

“I became angry and shouted at them. Then they left,” she said.

Speaking to Minivan News, ACC President Hassan Luthfy said the ACC had decided to launch an investigation as Article 4 of the Anti Corruption Act requires the penalisation of anyone offering bribes to judges. Any individual convicted faces a 10-year jail term.

Luthfy said that judges must inform the ACC of bribe attempts immediately and that keeping such a case hidden is in itself a crime.

“Concealing bribe attempts is an offense, even by the code of conduct for judges. It is an offense not to inform this commission,” Luthfy said.

According to a study conducted by governance NGO Transparency Maldives in December, the judiciary is perceived to be among the most corrupt institutions in the country.

Approximately 55 percent of those surveyed believed the judiciary to be most corrupt, while 60 percent and 57 percent believed the parliament and political parties to be most corrupt, respectively.

Bribery

Speaking on ‘Heyyambo’, Shujoon said she could not say whether judges had or had not accepted bribes, but that it may happen given the salaries allocated to judges.

“It [bribes] can be very appealing if its sets you up for life, given our pay and the amount of work we have to do. So I cannot say there is no truth to that. That is because something like that happened to me,” she said.

There will always be individuals who are unhappy with verdicts, but judges can only decide on what is presented in the courtroom, Shujoon said.

“Verdicts are delivered on what is presented. Sometimes I wonder if I have truly delivered justice. But that is the way it is in front of the law and in front of me,” she said.

Shujoon is among the first female judges in the country. She said she had accepted her appointment in 2007 to prove women too can serve in the judiciary.

Shujoon further revealed that she considers her purpose fulfilled and is now deliberating on retiring from the judiciary.

The UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in March 2013 expressed concern over the gap in equal representation of women in the judiciary, stating that the country’s eight female judges had “reached their positions through sheer determination and dedication since there is no policy or strategy to increase women’s representation on the bench.”

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Maldives slides on Press Freedom Index for third consecutive year

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

The index reflects the degree of freedom that journalists, news organisations and netizens enjoy in each country and the efforts made by authorities to ensure respect for this freedom.

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

Maldives is ranked between Fiji and the Central African Republic. Fiji, at 107, experienced a coup in 2006, and the Central African Republic, at 109, is in the midst of a civil war following a coup in 2013.

Speaking to Minivan News, the President of the Maldives Journalist Association Ahmed ‘Hiriga’ Zahir said he did not understand why the Maldives’ ranking should decline as compared to 2013, claiming there have been no “extra-ordinary” changes in media freedoms.

However, the ex Maldives Media Council (MMC) President Mohamed Husham said the Maldives has seen a sudden decline in press freedom following the ousting of the country’s first democratically elected government in 2012. Journalists have been experiencing physical and psychological intimidation, he said.

Husham accused the newly elected President Abdulla Yameen Abdul Gayoom and his administration of not being responsive to the press and said he had resigned from the MMC last week in protest.

Asward is the second journalist who survived a murder attempt in the country’s recent history. In June 2012, two men slashed freelance journalist and blogger Ismail ‘Hilath’ Rasheed’s throat with a box cutter. Hilath is currently seeking political asylum abroad.

Two men wielding steel bars on a motorcycle severely beat Asward and left him for the dead. He was airlifted to Sri Lanka to undergo major surgery, and returned to the Maldives after three months of medical treatment.

He has not yet regained full sight in his right eye. Two men have been charged with assaulting Asward in the ongoing case.

In October, six masked men set fire to Raajje TV’s headquarters and destroyed the station’s offices, control room, computer systems, broadcasting and transmission equipment. The attack came hours after the station sent a written request to the police seeking protection having received reports of an impending attack.

The RSF issued a statement condemning the Maldives Police Services failure to defend the station.

“This criminal act is a direct blow to freedom of information, and we deplore the attitude of the police, who failed to do what was necessary to prevent the attack although the head of the TV station requested protection a few hours before it took place,” the statement read.

The Police Integrity Commission has recommended charges be filed against two police officers for negligence in preventing the attack.

Further, the police and President Dr Mohamed Waheed’s administration continued a boycott of Raajje TV despite a Civil Court ruling stating media boycotts to be unconstitutional. Meanwhile, the Supreme Court has ordered the police to launch an investigation against the station for alleged contempt of court.

Prior to the country’s first multi-party democratic election in 2008, the Maldives was ranked 104th – an improvement on its 2007 ranking of 129th, and 2006 – 144th. The country’s ranking in 2009-2010 reflected dramatic improvements in press freedom, rising to 51st and 52nd respectively. The ranking slipped to 73rd in 2011 and 103rd in 2012.

Despite its plunge in 2013, the Maldives is still ranked higher than regional neighbours India (140th), Sri Lanka (165th), Pakistan (158th), Bangladesh (146th), and Nepal (120th).

According to the RSF, the Indian sub-continent is the Asian region with the biggest rise in violence for journalists for the second year running.

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Supreme Court initiates contempt charges against EC, begins surprise trial

Read this article in Dhivehi

The Supreme Court has pressed contempt of court charges against the Elections Commission (EC) and held an unannounced hearing today under new regulations that allow the apex court to initiate charges and hold trial.

“The [Supreme Court] judges believe comments made by the Elections Commission in various forums on the court’s decisions and orders are contemptuous of the court. Today’s hearing is on our own initiative,” Chief Justice Ahmed Faiz said.

In addition to allegations of contempt of court, the EC is being charged with allegedly violating a Supreme Court order by dissolving eight minor political parties.

All four EC members were handed summons yesterday to attend the Supreme Court. However, Minivan News understands EC members and lawyers were not informed the Supreme Court would hold trial today. Case documents were only given to the commission a few minutes before trial began.

EC lawyer Hussein Siraj requested the Supreme Court to allow the commission an opportunity to research case documents and respond accordingly.

After a five-minute discussion break, Faiz agreed to the commission’s request and adjourned the hearing. He said a date for the next hearing would be announced later.

Five of the seven Supreme Court judges presided over today’s hearing, including Chief Justice Ahmed Faiz, Judge Ali Hameed, Judge Abdulla Saeed, Judge Ahmed Abdulla Didi, and Judge Adam Mohamed Abdulla.

Sumoto regulations

New regulations, titled ‘sumoto’ and publicised on February 6 allow the Supreme Court to initiate trials against any organisation or individual.

The defendants must be allowed the right to defend themselves, the regulations state.

The seven-member judge panel will preside over sumoto cases unless the Supreme Court decides otherwise.

“[The Supreme Court] must refer to how free and democratic countries act in such cases, in a manner that does not contradict the constitution of the Maldives,” the regulations state.

Contempt of court

Faiz said that the EC had made remarks in various press conferences that amounted to contempt of court, and which violated Article 145 of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution.

EC President Fuwad Thowfeek has previously criticised evidence used by the Supreme Court in annulling the first round of September’s presidential elections.

Four of the seven judges claimed that dead and underage voters had been allowed to vote, though it later emerged that several of those listed as deceased were in fact alive while several individuals listed as minors were in fact eligible to vote.

The EC has also said a 16-point electoral guideline imposed by the Supreme Court was “impractical”.

A leaked report by the Human Rights Commission of the Maldives has also questioned the evidence, noting that the Supreme Court does not have the authority to delineate guidelines.

Political Parties Act

The EC is also being charged with violating a January 9 Supreme Court order, which invalidated an EC order to smaller political parties requiring raising their membership to 10,000.

The EC had sent the letter as per Article 27 of the Political Party Act that states that it must give political parties a three-month deadline to increase party membership to 10,000.

The Supreme Court on January 9, however, ruled that the letter was invalid as the apex court had in September struck down Article 11 of the Political Party Act. Although the Supreme Court had not expressly struck down Article 27 in its initial verdict, the January 9 order said Article 27 was no longer functional.

Speaking to Minivan News before today’s trial, Fuwad said the EC had not disobeyed the Supreme Court’s order, saying that he believed the court may be referring to the EC’s decision to dissolve eight parties on February 6 for failing to reach the mandatory minimum of 3,000 members.

“While most of these parties are not active at all, the Elections Commission made a public announcement in 2013 to find out where their offices were located as letters and other documents sent to the parties were not being delivered,” the EC stated in a press release at the time.

“We also note that these parties to whom funds have to be released every year from the state budget have not been regularly submitting audit reports to the Elections Commission.”

As inactive parties were provided large amounts of state funding, the EC noted that dissolving the parties would alleviate the strain on the state budget.

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Government pension plans reliant on MVR1 billion investment return

The cabinet’s economic committee has announced President Abdulla Yameen will hand out the promised MVR5000 (US$ 324) to an estimated 17,000 pensioners starting in March.

Tourism Minister Ahmed Adeeb told the media during a press conference this afternoon: “I announce the happy news that the elderly will receive MVR5000 instead of MVR2000 at the end of this month.”

The government had allocated MVR470 million (US$ 30.5 million) in the state budget to give out an MVR2,300 (US$ 149) in cash handouts to individuals over the age of 65. These funds will now be invested in the retirement pension fund or in financial instruments such as T-bills to generate the monthly MVR5000 stipend, Adeeb said.

The government will need to generate an ambitious MVR1 billion (US$64.9 million) from investments this year to sustain the venture.

Although the government has not yet begun investments to generate the additional income for pensions, it will begin disbursing MVR5000 at the end of February as it is “certain” the required funds can be generated through future investments.

In the meantime, money will be redirected from within existing budgetary resources using “innovative methods” to pay out the pension this month, Minister of Fisheries and Agriculture Mohamed Shainee told Minivan News.

“This will not require additional expenditure from the budget. This will be done through investments made outside of the budget,” Adeeb told the press today.

“When we invest in the pension fund, this allowance will be given out without any breaks in the next five years. Even in the worst-case scenario, we will be able to generate that money. We can do this without any issues,” he said.

The cabinet’s economic committee is to meet tomorrow to discuss the most viable method of investment, Shainee told Minivan News.

Former President Mohamed Nasheed introduced the old age pension in 2008, while President Yameen pledged to increase the pension during last year’s presidential election campaign. On assuming office, Yameen said the government would not give cash handouts, but would provide the promised money through an insurance scheme.

The People’s Majlis subsequently passed a record MVR17.95 billion (US$ 1.6 billion) budget for 2014 with a deficit of MVR1.3 billion (US$84.3 million).

The deficit is expected to grow after the People’s Majlis failed to approve revenue-raising measures as proposed by the Ministry of Finance and Treasury.

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Drug kingpin appeals sentence from Sri Lanka

The ringleader of a nationwide drug network who is currently in Sri Lanka for medical treatment has asked the High Court to review his 18-year jail term.

Ibrahim Shafaz ‘Shafa’ Abdul Razzaq, 32, of Maafannu Lonumidhilige was sentenced to 18 years in prison and fined MVR75,000 (US$4,860) for drug trafficking in November.

Shafaz’s departure to Sri Lanka caused a furor in local media last week with newspaper Haveeru claiming the Maldives Correctional Services (MCS) were not informed of a date for the inmate’s return. An MCS officer did not accompany Shafaz, the local daily reported.

Opposition aligned broadcaster Raajje TV alleged Shafaz was not listed in the immigration control system as a convict when he boarded the midnight flight with his family.

But High Court procedures say appellants in criminal cases must be present in the courtroom for trials to proceed.

Meanwhile, Commissioner of Prisons Moosa Azim said all due procedures had been followed in allowing Shafaz to leave to get medical treatment.

Article 70 and 110 of the new Jails and Parole Act states the Commissioner of Prisons may release an inmate to seek medical treatment abroad, on the advise of a medical board, if such care is not available in the Maldives.

“A medical officer does not have to accompany the inmate. He was allowed to leave under an agreement with his family. Family members will be held accountable for his actions, including failure to return,” Azim told Minivan News.

Although an inmate is given a maximum three-month period for treatment, the duration may be extended if documents prove further care is required.

“Shafaz’s family is required to keep us informed through daily reports,”Azim said.

Operation Challenge

Shafaz was arrested on June 24, 2011 with 896 grams of heroin from a rented apartment in a building owned by PPM MP Ahmed ‘Redwave’ Saleem.

Former head of the Drug Enforcement Department (DED), Superintendent Mohamed Jinah, told the press at the time that police raided Henveiru Fashan based on intelligence information gathered in the two-year long “Operation Challenge.”

Jihah labeled Shafaz a high-profile drug dealer suspected of smuggling and supplying drugs since 2006.

The traffickers had been using an authorised money changer called A J Emporium to transfer funds to Sri Lanka, Jinah revealed.

The drugs were believed to have been smuggled via Sri Lankan Airlines.

Jinah claimed that the network smuggled drugs worth MVR1.3 million (US$84,306) to the Maldives between February and April 2011.

Police also discovered that Shafaz had bought a shop named ‘Charm’ for MVR150,000 (US$9700) that was sold in June 2011 for MVR200,000 (US$12,970).

Moreover, Shafaz was renting three apartments in Malé and owned a tailor shop bought for MVR200,000 (US$13,000), a shop in Kaafu Atoll Maafushi, and a Suzuki Swift car worth MVR180,000 (US$11,673), later sold for MVR170,000 (US$11,025).

As Shafaz was not in the room with the drugs at the time of the raid and his fingerprints were not found on the confiscated drugs, the Criminal Court ruled last year that there was not enough evidence to convict Shafaz on one count of the drug charges.

However, he was found guilty on the second count based on recorded phone conversations and financial transactions with a contact in Colombo, believed to be the supplier.

Three of Shafaz’s accomplices who were caught with the opiates and packing equipment – Ismail Shaheem, Mohamed Meead, and Anas Anees – were meanwhile found guilty of possession and trafficking and sentenced to ten years in prison.

In a speech a few days after the drug bust, former President Mohamed Nasheed said he found it “quite shocking [that] 800 packets of heroin a night were getting sealed in the house of an honourable member of parliament.”

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Gasim slams Adhaalath for fielding candidates in Jumhooree Party seats

Jumhooree Party (JP) leader Gasim Ibrahim has slammed the religious conservative Adhaalath Party (AP) over its decision to field candidates in People’s Majlis constituencies reserved for the JP.

Speaking to local media on Sunday, Gasim said Maldivians would not accept the AP’s “unethical” decision.

“Their actions are not in the general interest, in the name of Adhaalath (justice) they are doing everything in the wrong way. This is what I believe. This is the truth. There is no deception in this,” said the JP leader.

“We gave them four seats. They did not accept it. There is nothing we can do,” he said.

The AP was excluded from the governing coalition’s seat allocation. The ruling coalition agreed to contest the People’s Majlis elections as a team and initially allocated 49 seats to the Progressive Party of the Maldives (PPM), eight to the Maldives Development Alliance (MDA), and 28 to the JP.

The AP held a series of discussions with the PPM and JP on the possibility of allocating constituencies to its candidates.

However, negotiations with the JP ended unsuccessfully after it refused to cede the Vaikaradhoo and Makunudhoo constituencies. The PPM also refused to cede five constituencies to the AP.

The AP subsequently announced it would field candidates in all constituencies reserved for the JP, but eventually decided upon seven candidates in PPM reserved constituencies and six in constituencies reserved for the JP.

The AP was among the coalition of parties that backed Gasim during November’s presidential election. After placing third in the re-run of the first round of presidential polls, the JP initially said it would remain neutral and would not support either the PPM or the opposition Maldivian Democratic Party (MDP).

After the AP pledged its unconditional support for the PPM, just days before the second round, Gasim announced that his party had decided to back the PPM in exchange for a 30 percent stake in government and local and parliamentary elections.

Gasim went on to say that any agreement between his party and Adhaalath was invalidated as the two had decided to support the PPM separately.

He said the JP would have fielded candidates for all 85 constituencies if not for the agreement within the coalition.

“Success will not be within reach unless we work together,” he said, calling on coalition supporters vote only for coalition candidates.

The AP’s candidates include Ali Zahir for the Inguraidhoo constituency, Ibrahim Ahmed for the Madduvari constituency, incumbent MP Ibrahim Muttalib for the Fares-Maathoda constituency, Abdulla Ibrahim for the Kendhikolhudhoo constituency, Hassan Rasheed for the Kudahuvadhoo constituency, and Abdulla Haleem for the Isdhoo constituency.

Anara Naeem will contest the Makunudhoo constituency in Haa Dhaal atoll, Aishath Haleela for the Vaikaradhoo constituency, Ahmed Zahir for the Komandoo constituency, Asadhulla Shafie for the Kaashidhoo constituency, and Hisham Ahmed will contest the Meedhoo constituency in Addu City.

The party also named the Fiqh Academy Vice President Dr Mohamed Iyaz Abdul Latheef for the Hulhuhenveiru constituency. Dr Iyaz last week sparked controversy as he endorsed the practice of female genital mutilation in an online forum.

The AP also announced that State Minister for Home Affairs Abdulla Mohamed was awarded the party’s ticket for the Nolhivaram constituency.

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Environmental regulations amended to allow dredging for Kulhudhuffushi airport

The government of Maldives has amended environmental regulations to allow dredging in protected areas in order to facilitate the development of an airport in the protected mangrove site on Kulhudhuffushi island.

Speaking at a press conference today, Minister of Transport Ameen Ibrahim said the government would seek advice from environmental specialists to decide to dredge all or part of Kulhudhuffushi’s only remaining mangrove.

“We have to dredge the mangrove. We will determine whether it will be part or whole of the mangrove later,” he said.

Amendments to the regulations on dredging islands and lagoons will allow the government to dredge protected areas for development projects on the condition that an area with similar geographical characteristics is designated as protected.

The government must also determine if dredging in an environmentally protected area would cause flooding or damage underground fresh water aquifers – a critical water resource in inhabited islands.

Establishing an airport on the most populous island in the north was a key campaign pledge of President Abdulla Yameen, although with a regional airport on Hanimadhoo Island – just 16.5 km or a 30 minute dhoni ride from Kulhudhuffushi, critics have questioned the feasibility and economic viability of the venture.

The government has said airport developers will be given a contract of 25 years and will be awarded an island for resort development for 50 years in order to subsidise the airport.

“It may not be profitable to only serve Kulhudhuffushi residents. But it will become a profitable investment when islands nearby are developed as resorts,” Ameen told the media today.

Environmental NGO Ecocare has expressed concern over the government’s plans to abrogate its constitutional responsibility to protect the environment as long as the proposed plans are termed ‘development’.

“Though the constitution itself calls for sustainable development, it is sad and absurd when politicians care less about the vulnerability of the Maldives and its ecological diversity,” Ecocare has said.

The group pointed out that – following the complete reclamation of the island’s southern mangrove for the construction of housing -the northern mangrove had been designated to be an environmentally protected zone.

Marine biologist with local environmental consultancy Seamarc, Sylvia Jagerroos, has explained the importance of such wetlands, describing them as “one of the most threatened ecosystems on earth”.

“Mangrove support the seabed meaning they prevent erosion on beachline and also enhance protection of the island in case of storm and higher sea levels,” she said.

“They support a nursery for fish and marine fauna and aid and the reef and seagrass in the food chain. The mangrove mud flats are also very important in the turnover of minerals and recycling.”

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February 9 detainees in Addu “forced to walk on smoldering coals”, says former PIC chair

Detainees arrested in Addu City after the controversial transfer of power on February 7, 2012, reported being “forced to walk on smoldering coals,” former Police Integrity Commission (PIC) chair Shahindha Ismail has said.

Police stations and courthouses were set ablaze in Addu after a brutal police crackdown on opposition Maldivian Democratic Party (MDP) protesters in Malé.

Shahindha said that a four member PIC team visited the southernmost atoll from Februay 10- 13 on the request of then Commissioner of Police Abdulla Riyaz, interviewing police officers and over 75 detainees.

“Almost everyone who was arrested said they were taken to the Gan Police station. Police officers took them through the burnt down buildings and accused them of arson. They said were pushed onto the coals and forced to walk over smoldering coals. We saw burns on various parts of their bodies. They also said they were tortured and pepper-sprayed. Some of the detainees said the police had threatened to burn them and their houses,” Shahindha told Minivan News.

Shahindha has called on the PIC to expedite investigations and expressed concern over “intentional negligence” on the part of both the PIC and People’s Majlis.

Meanwhile, police officers in Addu City said they had not received any instructions or help from their superiors, and had to sleep on the street after protesters burnt down their accommodation block along with most of their personal belongings.

“The police officers we spoke to were very traumatised and angry. They had no clothes, they were sleeping on the street. They did not even have toothbrushes, and were obviously not fit to do any policing,” she said.

In instances where a complaint is not filed at the commission, a majority of the PIC has to agree to launch an investigation. Shahindha said she had completed a report on the Addu City findings and asked the commission to investigate. But the PIC had not reached a decision on the issue when she had left the commission in October 2012.

New PIC chair Abdulla Waheed was not responding at the time of press.

“I have informed the People’s Majlis independent commission oversight committee on multiple occasions of the existence of the report. An Addu MP is on the committee. While the PIC must investigate such serious allegations, the Majlis has a responsibility to ensure the PIC does its job,” Shahindha said.

Torture

Arson in Addu City destroyed the police stations in the Hithadhoo and Gan districts, and the police accommodation block and training center in the Hithadhoo district.

On February 9, police officers arrested over 85 people from their houses, cafes and from boats on the sea. Detainees said police officers had relied on information provided by certain members of the public and had been quite arbitrary in who they arrested.

According to Shahindha, some detainees told the PIC team the police had handcuffed them and thrown them into a military truck. Afterwards, the police sat on them and beat them with batons.

With police facilities destroyed in the fire, detainees were not given access to sanitary facilities and were forced to sleep on the ground. They reported not being given the right to appoint a lawyer and said they were not brought in front of a judge to extend detention.

“In one instance, there was one man who had a medical condition and he had asked to see a doctor. He said that four police officers took him and two other men in the police van. But instead of taking them to see the doctor, the police officers drove around and parked the van in the sun,” she said.

“The detainees said their hands were cuffed to the back and that it was very hot inside the van. They said they became very thirsty in the heat. After an hour, they were taken to the burnt remains of the police station and the police officers threw ash over them. We saw remains of ash in the pocket of one of the detainees.”

An Amnesty International report in February 2012 alleged the Maldivian National Defense Forces (MNDF) attacked a group of peaceful female protesters in Addu during the unrest.

“We were left for dead”

The torching of the police buildings destroyed many police officers personal belongings including motorcycles, phone, laptops and clothes. What was not burnt was looted, officers told the PIC.

When protesters in Addu City confronted the police, they had no tear gas to control the crowd and did not have sufficient armor or shields.  They could not reach their superiors and did not receive any instructions or help, Shahindha said.

“One officer told me ‘we were left for dead there’ ”, she said.

“The PIC conducted an initial assessment on state funds. There is a report on all of these findings. The PIC must investigate and the People’s Majlis must oversee the PIC.”

“Police officers who were responsible for the torture must be investigated and prosecuted, and their superiors must be investigated for negligence and failure to provide protection to the police,” she said.

In August 2012, the Human Rights Commission of the Maldives (HRCM) recommended that the police, PIC, and MNDF should investigate the failure to contain unrest in Addu and take legal action against security service personnel who were deemed negligent or responsible for the inaction.

The police and PIC should also “immediately investigate” allegations of torture in custody and inhumane treatment of detainees from Addu City and take action against the responsible police officers, the HRCM recommended.

In addition, the commission stated that legal action should be taken against police officers who were negligent in providing medical treatment to detainees as well as against officers who “violated the dignity of private households and infringed upon the rights of residents” during the arrest of suspects from their homes.

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