Author: Ahmed Nazeer

President commutes sentences of 24 inmates

President Abdulla Yameen has commuted the sentences of 24 inmates under the authority vested in the president by the Clemency Act of 2010.

According to a President’s Office statement, sentences were commuted based on the inmate’s age; time spent under house arrest, jail, or banishment; medical condition; and discipline. Conditions were attached to the commutation, the statement said.

The president considered the following criteria in commuting sentences:

  • Inmates must not have committed a disciplinary offense in the past two years
  • Inmates must not have received an presidential pardon or commutation of sentence, or drug rehabilitation through the Drug Court or been granted parole in the past five years
  • Inmates must not have been sentenced in 2013

Individuals who were convicted of murder, terrorism, disturbing the peace – including attacking or threatening a security officer or vandalising public property, child abuse, rape, homosexuality, drug trafficking involving an amount more than four grams, or a hadd crime were not considered, the statement said.

The president did not include anyone that could be determined as dangerous to the society. Yameen will grant clemency to an additional group of convicts on April 1, the statement said.

Article 115 of the constitution states that the president has the authority “to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal.”

On January 9, police cleared the police records of 1,023 young persons who were arrested for various criminal offenses, as part of the government’s pledge to facilitate youth employment.

At the time, Commissioner of Police Hussain Waheed urged all young persons to make the best out of this “golden opportunity” and to leave the crime environment and become useful individuals to society.

In March 2012, current Vice President Mohamed Jameel Ahmed shut down former President Mohamed Nasheed’s flagship Second Chance program set up to reintegrate convicts into society.

Jameel, who was Home Minister at the time, said that Nasheed’s administration had used the program “to release unqualified criminals under political influence and without any clear procedure “.

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Leading Swiss retail group opens training centre for Maldives fisherman

Switzerland’s retailing group Migros and the International Pole and Line Foundation (IPNLF) have opened a training centre for Maldivian fishermen.

The fishing industry news source ‘Fish Site’ reported that the aim of the newly opened Fishermen’s Community and Training Centre (FCTC) was to provide long term support for the country’s pole and line fishing communities through fisheries training and education.

According the website, the FCTC will provide free training courses for active fishermen and school leavers.

The source quoted Chairman of the IPNLF John Burton, who described the training centre as “an important milestone for the Maldivian fishing industry, an industry we are all part of, an industry that is at the heart of Maldivian way of life.’’

Government records show that, in 2012, over 120,000 metric tons of fish were caught in the Maldives, with over 10,000 fishermen registered.

“The opening of this centre marks our collective and considerable efforts in building a stronger and commercially competitive pole and line fishing industry for this country, while directly supporting the local fishermen and their communities,’’ said Burton.

Also present at the ceremony, Maldives Fisheries Minister Dr Mohamed Shainee sincerely thanked everyone supporting the program in the name of the ministry and local fishermen for partnering in the development of the fishing industry, keeping pole and line fishing a sustainable method as well as promoting it to other countries.

The FCTC is based in Gan in Laamu Atoll, and will be run by Maldives Fishermen Association.

In November 2013, The European Union declined to extend the duty-free status of imported fish from the Maldives, following the country’s failure to comply with international conventions concerning freedom of religion.

The Maldives exports 40 percent of its US$100 million fishing industry to the EU – its single largest export partner by value.

However, in an interview with Minivan News, Fisheries Minister Dr Shainee stated that this issue could be solved through bilateral relations between the countries in EU.

“The European market or consumer will be affected from this as well. There will a lot of pressure from the consumer’s side, as when prices of fish go up, it’s not just us carrying the burden, but also the consumers. So I think there will be a lot of pressure,’’ he told Minivan News.

Shainee noted that there would be a lot of pressure from the consumers in Europe, with the minister suggesting that people were more educated and wanted these types of niche products.

“Maldives is the only country that doesn’t catch by-catch fish. We are dolphin free. We are catching one by one. We are the most green fisheries industry in the world, in fact. So I am sure the consumers in the European market would like to get something from this side of the world which is more green and environmental friendly,’’ he added.

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Philippines national sentenced to life for smuggling drugs into Maldives

The Criminal Court yesterday (January 26) ruled that Philippines national Jenerosa Pancho Mapula was guilty of smuggling 3Kgs of cocaine into the Maldives, fining her MVR100,000 and sentencing her to life imprisonment.

The Criminal Court ruling stated that on April 24, 2013, Jenerosa arrived in the Maldives at arout 8:50am and that police searched her luggage after receiving intelligence reports that she was carrying illegal narcotics.

The court said that the drugs were discovered inside a handbag in her luggage.

Jenerosa denied the charges, the court said, though according to witnesses produced in court the drugs were found inside her luggage,which was searched in her presence.

The ruling stated that Jenerosa had told the court that the drugs did not belong to her, though she was unable to convince the court of this.

According to the ruling, Jenerosa will have to pay the fine within one month.

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MDP invalidates Jabir’s place on party ticket for Majlis election

The Maldivian Democratic Party’s (MDP) disciplinary dommittee has invalidated MDP MP Abdulla Jabir’s place on the party ticket for the Majlis elections in March.

MDP disciplinary committee chair and MP Hamid Abdul Ghafoor today told Minivan News that the decision was made after he had repeatedly voted against the party whip.

“The disciplinary committee is not giving out details of it but we can only confirm that the decision was made and the committee has asked the party secretariat to implement the decision,’’ he said.

He said the decision was made last Thursday,with the party secretariat being informed the same day.

The MDP parliamentary primaries are ongoing, though Jabir was uncontested for the Kaashidhoo constituency seat.

When queried about other MPs that had voted against the party line, Hamid said that there was no documentation that other MPs had repeatedly voted against the party whip.

“The MDP’s parliamentary group has a policy that says that an MP’s case should be filed in the disciplinary committee only when the MP repeatedly works against the party stand,’’ he added.

MP Jabir’s mobile phone was switched off and Minivan News was not able to obtain his comment regarding the matter.

During the December 30 endorsement of President Abdulla Yameen’s cabinet, a three-line whip was issued by the MDP’s parliamentary group ordering the rejection of eight nominees.

The eight cabinet members include Defense Minister Mohamed Nazim, Tourism Minister Ahmed Adheeb, Islamic Minister Mohamed Shaheem Ali Saeed, Minister of Health and Gender Maryam Shakeela, Minister of Transport and Communication Ameen Ibrahim, Finance Minister Abdulla Jihad, and Housing Minister Mohamed Muizzu on the grounds they were “coup ministers” having served in the administration of President Dr Mohamed Waheed.

The MDP also rejected Home Minister Umar Naseer saying that various speeches given by him at political rallies made it “evident that he will not be loyal to Yameen”.

MDP MPs Abdulla Jabir, Zahir Adam, Ahmed Rasheed, Mohamed Rasheed, Abdulla Abdul Raheem, and Ahmed Easa were the six MDP parliamentarians who breached the three-line whip on that day.

Easa told Minivan News earlier this month that his breach of party instructions with regards to the tourism minister had been a mistake, describing it as the biggest of his political career.

On December 29, parliament scheduled the passing of the penal code, with MP Jabir voting against the legislation after the MDP had already decided to pass it – describing the bill as “too harsh”.

Jabir is well known for his frequent party defections. His first political party was Dhivehi Rayithunge Party (DRP) during the presidency of Maumoon Abdul Gayoom, before switching to the People’s Alliance.

Jabir then defected to the Jumhooreee Party (JP) ahead of the 2008 presidential elections, backing JP leader and business tycoon Gasim Ibrahim.  Jabir was 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.

Jabir became an MP after winning the by-election for the vacant Kaashidhoo constituency seat on a JP ticket. 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.

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Supreme Court suspends prominent lawyer pending investigation for contempt

The Supreme Court has today suspended former attorney general and high profile lawyer Husnu Suood from all courts, accusing him of violating lawyers regulation’s article 3.2[a][c].

Husnu Suood has shown the Supreme Court notice he has received to the media. It states that his comments regarding Supreme Court ruling number 42/SC-C/2013 constituted contempt of court.

The Supreme Court’s notice stated that it has asked the police to further investigate the case and that Suood is to be suspended from all the courts until this investigation is concluded.

Speaking to Minivan News today, Suood said that he believed this was related to the issue of Supreme Court Justice Ali Hameed’s sex scandal case.

Suood suggested that the Supreme Court had suspended him because he is in the committee investigating the judges alleged appearance on the tape.

‘’[Former Youth Minister] Hassan Latheef and Hisan Haseen were also both lawyers accused of the same thing, but the court gave them advice and did not take action against them, but I am suspended so it is not fair,’’ Suood said.

He noted that the Supreme Court ruling in question was the verdict that invalidated the first round results of presidential election first round.

“They [Supreme Court] told me that the suspension was regarding a tweet I posted on twitter which says that I believe that the Supreme Court’s ruling was in violation to the constitution,’’ he said.

“I deny that I was the one who tweeted it, but even if it was me I do not think that expressing one’s opinion is a crime.’’

He also said that there was nothing in the case for the police to investigate.

‘’Now there is nothing I can do about it I just have to wait for the police to finish the investigation. But what is there to investigate,’’ he asked.

Previously, the Supreme Court suspended Suood for alleged contempt of court.

On September 28, Suood said the dispute regarding the presidential elections had left the country’s ongoing democratic transition in “limbo”. The former AG had represented the Elections Commission (EC) in the election annulment case before being thrown out for ‘contempt of court’.

“I am of the view that all institutions have a duty to uphold the constitution,” he said at the time, in response to the EC’s efforts to conclude presidential polls within the legally mandated – article 111 of the constitution.

“According to the constitution, the Supreme Court’s word is final only in respect of the interpretation of provisions of constitution and law. Here, the Supreme Court had not given an interpretation on Article 111. However, Judicature Act says that all state institutions must abide by the rulings made by courts.”

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Deputy PG seeks Supreme Court assistance in Criminal Court dispute

Deputy Prosecutor General Hussain Shameem has written to the Supreme Court regarding a decision made by the Criminal Court to halt all pending cases until a new prosecutor general is appointed.

Shameem said that the letter was sent last week but that the Supreme Court had not responded to it.

“It was a complaint letter we sent because the Supreme Court had previously ordered the Criminal Court to continue its functions as normal,’’ he said. “But the Criminal Court had not implemented the order, and is refusing to accept new cases.’’

According to Shameem, the Criminal Court’s decision was appealed at the High Court but the court’s registrar decided not to accept the appeal, asking the High Court’s Judges panel to review the decision.

Shameem reported that, thus far, no progress had been made on the issue.

He said that there were more than 150 cases pending in the Prosecutor General’s Office which are to be sent to the Criminal Court, some of the cases concerning people held in pre-trial detention until their case is concluded.

Shameem said that he was expecting a response from the Supreme Court before this week ends.

“If they do not respond by then, then we will have to look for other ways to solve this issue,” he added.

On November 25, former Prosecutor General (PG) Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

On January 8, the Criminal Court decided not to accept any cases submitted by the PG’s Office and to halt all existing cases because the position of PG has been vacant for over 30 days

At the time, Shameem said that the laws did not prohibit the Deputy PG from taking over the responsibilities of the PG in a case where a new person is not appointed within 30 days.

He also expressed concern that there were people held in pre-trial detention who are to be kept there until their trials were concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s independent commissions committee and the committee decided to seek public opinion before sending his name to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

On January 9, the Supreme Court had ordered the Criminal Court to continue pending trials in the court.

The Supreme Court said it had told the Criminal Court that the criminal justice system must proceed in order to maintain constitutional rule.

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Police arrests drug lord during special operation

Police have this morning conducted a special operation, raiding the house of an individual alleged to have been supplying the illegal drugs trade in the Maldives.

The police issued a statement today revealing that the operation was conducted this morning at about 8:20am, with officers raiding the premises of Woodpecker house in Maafannu ward – the home of the alleged drug lord.

According to police 500 grams of suspected illegal drugs were found inside the house.

Police did not reveal the identity of the suspect arrested in the case, but stated that he was 23 years old and involved in a wide network of drug business in the Maldives.

Official statistics reveal drug-related offences reported to police had risen by 84 percent between 2012 and 2013.

On December 5, police searched the premises of Henveiru Fahaageaage after obtaining a search warrant, on suspicion that the house was related to a local drug network operating in Male’.

During the operation police discovered drugs and money inside the house.

Police said that persons believed to be involved in the network were apprehended inside the house during the operation.

According to police, a total of four persons have been arrested in connection with the case including a Pakistani and a Sri Lankan national.

At the time, police said that more places involved in the drug network were being searched.

No further details of the operation were provided in the statement, though it was said that further details will be divulged later.

Yesterday, police told local newspapers that a special operation had been conducted in Male’ to reduce criminal activities conducted by gangs operating inside cinamale’ flat area and its surroundings – discovering four knives and suspected illegal drugs.

The raid was reported to have followed numerous complaint from residents. Police dismantled huts and bird cages inside the premises that had been built without permission from Male’ City Council, on suspicion that these areas may have been used by the gang members to store drugs.

During an interview with Minivan News last week, Home Minister Umar Naseer said that the main targets of his ministry for the next five years would be to curb the drug-related crimes occurring in the country.

Umar Naseer said that due to the increase in drug related offenses the criminal justice system has been overloaded – as had the work of police and customs.

He told Minivan News that the main cause of this overload was the increase in drugs being smuggled and the amount of drug abusers and peddlers.

Naseer said that he intended to give high priority to enhancing the customs services in order to stop illegal drugs and other contraband from being brought in to the country.

Speaking about reducing drug-related crimes, he said that he would focus more on major drug dealers, rather than those further down the criminal hierarchy.

The home minister also pledged to find ways to enforce Maldivian law on the drug lords abroad who are involved in the drug trafficking cases occurring in the Maldives.

According to Naseer, the police intelligence department has been widened by training more intelligence officers

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Police clear criminal records of 1,023 young persons

Police have cleared the police records of 1,023 young persons who were arrested for various criminal offenses, as part of police work to provide job opportunities for young people.

In a statement issued today the police said Commissioner Hussain Waheed had urged all young persons to make the best out of this “golden opportunity” and to leave the crime environment and become useful people to society.

Police reported that they had cleared the criminal records of 564 cases where young people were involved.

Furthermore, the police statement noted that they were trying to conclude the investigations into at least 80 percent of the cases submitted to police before the first 100 day of the new government ends.

A lack of jobs was cited as one of the major reasons for young people to join gangs in a 2012 report made by Dr Aishath Ali Naaz for the Asia Foundation.

The report, which collected data through 20 focus groups and 24 in-depth interviews with gang members, highlighted problems with the legal process, which produces a criminal record – which cannot be cleared for five years –even for minor offences.

“Due to police record, we can’t get a government job,” said one interviewee. “When government does this, the private sector usually does the same.”

“Hence it’s hard to get a job if a person has a police record…so join a gang to earn money,” a gang member interviewed by Dr Naaz’s team said.

Meanwhile, the day before yesterday (7 January) the Juvenile Court released the statistics from last year showing the number of convicted minors that applied to participate in the Correctional Center for Children, revealing that 21 had applied to take part in the programs and only six completed it successfully.

Escaping gang culture

In March 2010, Minivan News interviewed three gang members who spoke about the gang culture in Maldives, describing being stuck with the gangs because they could not get a job as they had criminal records which could be cleared only after five years.

The gang members told Minivan News they wanted jobs, but felt unable to get them because of the stigma attached to their police records.

One of them said he now prefers selling drugs instead of looking for a job “because it pays more”, while another said he was compelled to stay in the gang until his police record was cleared.

“In five years when my police records are cleared I will get a job,” one gang member said.

A senior gang member said his family forced him to earn money but that he was unable to get a job – again because of his police record.

“I would like to be like other people, going to work and earning money,” he said, adding that the government “must provide more job opportunities for the people.”

Earlier this month, in a speech given at the inauguration of the police organised camp “Blues for Youth” by the Commissioner of Police Hussain Waheed he said that there was a crucial need to increase participation of adolescents in the work to create a responsible youth generation.

“There is no pleasure any one can reap from frequenting scenes of crimes. It is by strongly staying away from crime and being responsible that real happiness can be achieved,” Waheed said.

He assured that the police force is ever willing to be of assistance to “bring youth to the right path” and to work for youth development.

Speaking at a National Day event, the Youth Minister has also unveiled plans to find employment for all youth by the end of the coming year, 2015.

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Criminal Court stops accepting cases from PG’s Office

The Criminal Court has today decided not to accept any cases submitted by the Prosecutor General’s Office and to halt all existing cases because the position of Prosecutor General (PG) has been vacant for over 30 days, the PG’s Office has confirmed.

On November 25, former PG Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

Speaking to Minivan News today Deputy Prosecutor General Hussein Shameem said that as soon as he receives the court’s decision he will appeal it at the High Court.

Shameem stated that the laws do not say that the Deputy PG cannot take over the responsibilities of the PG in a case where a new PG is not appointed within 30 days.

He also said that it was for the parliament to appoint a new PG, noting that the Criminal Court had not discussed the issue with the parliament before making the decision.

Shameem expressed concern that there were people held in pretrial detention who are to be kept there until their trial was concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

“That is one of my biggest concerns over this issue, it is a responsibility of the PG office to uphold constitutional rights of the people.’’

He said the court had not approached the PG’s Office before making this decision.

“And also, this morning the court made the decision but today afternoon we received a chit from the court stating that two cases have been scheduled for tomorrow,’’ he said, adding that “maybe the two cases are concerning someone close to them.’’

Furthermore, Shameem said that there were no laws stating that the Deputy PG cannot fulfill the responsibilities of PG in the case of the position being vacant. He argued that the work of PG’s Office should not come to a halt because the parliament had failed to appoint a new PG.

He also said that the court had informed the PG that it will continue the extension of detention trials for those under arrest.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s Independent Commissions Committee and the committee decided to seek public opinion on him before sending it to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

Criminal Court Spokesperson Ahmed Mohamed Manik did not respond to Minivan News at time of press.

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