Author: Ahmed Nazeer

Supreme Court to hold first hearing on cabinet controversy

The first hearing of the case filed in the Supreme Court against the government regarding the cabinet endorsement controversy is scheduled to be held tomorrow at 10:30 pm.

The case was filed in the court by Dhivehi Rayyithunge Party (DRP) MP Ali Waheed and by Dhivehi Qaumee Party (DQP), according to the Supreme Court.

The parties filed a case seeking a court order to declare that ministers who did not receive parliamentary consent should be removed from  their posts.

Former Attorney General and DRP Council Member Azima Shukoor will argue the opposition’s case in court. The present Attorney General’s office will act as the defendant in the case.

Following weeks of political stalemate, parliament voted last week to approve five out of 12 cabinet ministers reappointed by President Mohamed Nasheed in July.

After MPs of the ruling Maldivian Democratic Party (MDP) boycotted the sitting before voting began, the remaining MPs voted against the nominees Finance Minister Ali Hashim, Education Minister Dr Musthafa Luthfy, Foreign Minister Dr Ahmed Shaheed, Fisheries Minister Dr Ibrahim Didi, Home Minister Mohamed Shihab, Defence Minister Ameen Faisal and Attorney General Dr Ahmed Ali Sawad.

The government however insists that as none of the ministerial appointees received 39 votes against – the majority required to pass a no-confidence motion – all cabinet members shall remain in their posts.

Recently MDP Parliamentary Group leader and MP Moosa Manik has said that the Supreme Court have no authority to remove ministers from their position and said ”I can assure that the court will not even issue such an order.”

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Website leaks ticket reservation for Speaker and DRP Leader’s alleged trip to Delhi

The Dhivehi Post website has leaked a document it claims is the ticket reservation for leader of the Dhivehi Rayyithunge Party (DRP) Ahmed Thasmeen Ali, and Speaker of the Parliament Abdulla Shahid, to fly to India for “secret talks” with GMR.

The website last week alleged that Thasmeen and Shahid had received US$1 million from Indian infrastructure giant GMR to cease opposition to the firm’s take over of  Male’ International Airport.

The booking, apparently made in the name of the two DRP MPs, appears to have been reserved by ‘FCM Travel Solutions India Ltd GMR’ and was issued on October 26 for travel on October 30 to Delhi, via Colombo on Sri Lankan Airlines. The cost of each ticket was 42,749 Indian rupees (US$934).

Minivan News can confirm that air travel arranged by GMR for Maldivian journalists visiting the opening of Delhi Terminal 5 in July was booked by the Indian corporate travel firm ‘FCM Travel Solutions(India)Ltd’, and is seeking to clarify the legitimacy of the tickets.

Last week Managing Director of GMR Male International Airport Limited, P Sripathy, told Minivan News the allegations were “totally false and baseless, and very disappointing and damaging to our reputation. We have never met any members of the opposition to date.”

Thasmeen and Shahid likewise dismissed the allegations as ”baseless and false”.

”Out of all the articles published by the Dhivehi Post so far, most of them are untrue,” Thasmeen told Minivan News. ”Like I said before, I did not go to India and I have never met anyone from GMR.”

Thasmeen said that the website was operated by “political figures” and their intentions was to split the DRP leadership and “smear its respect.”

”They are doing this for political gain. If you look at the articles very carefully and try to understand who runs it, it becomes very clear,” he said. ”I do not want to tell the media yet.”

Shahid n”I have not even been to India lately, they are all lies and false accusations,” Shahid said. ”It is a website that publishes false allegations very often, it is operated by some persons who stay hidden.”

Shahid said the aim of the website was to split the DRP and ferment aggression inside parliament.

The Dhivehi Post claimed that it was possible Shahid and Thasmeen would not have an Indian immigration stamp in their passports if they waited at the airport as a transit passenger, “and therefore could be considered as they did not go to India”.

Showing a rather detailed understanding of protocols attached to diplomatic passports, the website speculated that “as all the MPs have the red diplomatic passport, and any diplomat waiting as a transit passenger will be provided services from the VIP lounge, it would be very easy for anyone waiting in the lounge airport to meet senior officials of the company [without passing through immigration].”

The website threatened that “more proof awaits”, should Thasmeen and Shahid continue to deny the allegations.

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Supreme Court has “no authority to dismiss ministers”, claims Reeko Moosa

Maldivian Democratic Party (MDP) parliamentary group leader and MP ‘Reeko’ Moosa Manik has claimed that the Supreme Court has no authority to dismiss ministers from their positions.

“MPs have the power to dismiss Supreme Court judges, and the Supreme Court will understand that the panel consists of judges we appointed,” Moosa said. ”Parliament does not know how to remove ministers from their position,” he claimed.

The matter saw parliament proceedings derailed for three weeks on points of order. Eventually the MDP boycotted the endorsement process during the vote last Monday, and seven ministers were ‘disapproved’.

The government meanwhile contends that the only way to remove a minister from their position is through a no-confidence motion.

However, the opposition believes that the procedure of cabinet appointments remains incomplete without the consent of parliament, and that ministers should not remain in office after the parliament disapproves them.

After disputes last week, the opposition filed the case in the Supreme Court.

Referring to the opposition’s refusal on Finance minister presenting the budget, Moosa said that if the opposition MPs obstructed Finance Minister Ali Hashim from entering the parliament ”he will enter the parliament with the citizens of the nation.”

Moosa also alleged that DRP MPs planned “to attack” Hashim if he entered the parliament to present the budget.

”If DRP committed any such actions, no ministers will remain silent. I – Moosa Manik – and MDP activists will go to their houses.”

However, DRP MP Dr Abdulla Mausoom said that Hashim was a ‘former’ minister and former ministers cannot present the state’s budget in parliament.

”A person becomes a minister only after the person successfully passes the three procedures: presidential appointment, parliamentary consent and taking the oath,” Mausoom said. ”[Moosa] Hecannot say that the courts have no authority – courts have full authority to make the best decision to resolve every issue.”

Mausoom said Moosa’s remarks reveals how much the government disregards the constitution and laws.

”This issue should have long been resolved if some people did not have these issues of stubbornness,” he said.

He also said that parliament speaks the citizen’s words and ”participation of citizens is required in sincere good governance.”

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Police search Hulhumale hospital during investigation of abandoned baby

The police yesterday searched Hulhumale’ hospital to investigate the circumstances around the discovery of an abandoned infant found last week.

An abandoned newborn female baby was discovered in some bushes near the Wataniya telecommunications tower in Hulhumale’ last week. The baby was first taken to Hulhumale’ hospital for treatment and now has been transferred to Indira Gandi Memorial Hospital (IGMH).

Initial reports in the media said the baby appeared to have been born prematurely and discarded by the mother. The umbilical cord was still attached to the infant.

Police Sub Inspector Ahmed Shiyam said police had collected “necessary information” for the investigation from Hulhumale’ hospital.

”The baby is now in a good condition at IGMH,” Shiyam said, adding that ”no further information can be disclosed yet.”

Head of Hulhumale’ hospital Dr Ahmed Ashraf told Minivan News that the infant’s condition was “very weak” when she was first brought to the hospital.

“Her condition was very weak when she was brought here that day in the afternoon,” Dr Ashraf said. “We treated the infant and her condition was stable when she was referred to IGMH that evening.”

He said police officers searched the hospital after obtaining a warrant from the Criminal Court, and “collected information they needed for the investigation.”

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Opposition parties seek Supreme Court order to remove ministers

Opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) coalition has filed a case in the Supreme Court seeking a court order to declare that ministers who did not receive parliamentary consent should be removed their posts.

The case was filed at the Supreme Court by DRP Deputy Leader MP Ali Waheed and PA Deputy Leader Moosa Zameer.

Former Attorney General and DRP Council Member Azima Shukoor will argue the opposition’s case in court.

PA Secretary General Ahmed Shareef told Minivan News today that the constitution was very clear on the matter: ”Parliament’s consent is required for cabinet ministers to remain in their position. It is the spirit of the constitution.”

He added that the minutes of the Special Majlis debates on the issue adds weight to the opposition’s position.

”It is unlawful for those in the cabinet who did not get consent of parliament to remain in their positions,” he added.

Following weeks of political stalemate, parliament voted this week voted to approve five out of 12 cabinet ministers reappointed by President Mohamed Nasheed in July.

After MPs of the ruling Maldivian Democratic Party (MDP) boycotted the sitting before voting began, the remaining MPs voted against the nominees Finance Minister Ali Hashim, Education Minister Dr Musthafa Luthfy, Foreign Minister Dr Ahmed Shaheed, Fisheries Minister Dr Ibrahim Didi, Home Minister Mohamed Shihab, Defence Minister Ameen Faisal and Attorney General Dr Ahmed Ali Sawad.

The government however insists that as none of the ministerial appointees received 39 votes against – the majority required to pass a no-confidence motion – all cabinet members shall remain in their posts.

Meanwhile, Independent MP Mohamed Nasheed, Legal Reform Minister under the former government, told Minivan News yesterday that the dispute over cabinet endorsement highlighted “defects” in the process.

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Islamic Foundation calls on government to sever diplomatic ties with Israel

The Islamic Foundation of the Maldives has called on the government to break off all diplomatic ties with Israel, a day after Indira Gandhi Memorial Hospital (IGMH) announced that a team of seven Israeli doctors is due to arrive in the country to treat patients at the government hospital for a week.

The Foundation requested the government terminate all ties with Israel saying ”we do not want any sort of assistance from Jews.”

President of the Islamic Foundation Ibrahim Fauzy said that the organisation did not support accepting “any sort of assistance from Israel as long as they are in the lands of Palestine. We should fear that we might have to face the wrath of God.”

Fauzy explained that the Islamic Foundation does not recognise Israel as a state as “they have stolen the lands of Palestine by power and force,” adding that “it also against our religion to have relationships with Jews.”

In November last year, Foreign Minister Dr Ahmed Shaheed narrowly survived a no-confidence motion for his role in deciding to normalise relations with the Jewish state.

Dr Shaheed told Minivan News today that the “government does not have diplomatic relations with Israel” and has not signed any agreements to that effect.

He added that he was not aware of the visiting Israeli team as “doctors don’t come through the Foreign Ministry.”

Fauzy also claimed to have information that Israel was attempting to influence the education policy of the government, which has come under fire from religious NGOs for plans to make Islam an optional subject in A’ Levels and change four secondary schools in Male’ to single-sex schools.

”There will be cunning plans of them behind the scenes, they will not wish any good for Muslims, inside their heart,” Fauzy alleged.

In a press release yesterday, IGMH invited interested patients to register at their customer relations counter between November 28 and December 2 for appointments with the visiting Israeli doctors.

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Kuredhoo staff allege female worker dismissed for wearing headscarf

Staff working at Kuredhoo Island Resort have alleged that the resort five months ago issued a notice stating that it would not be renewing the contracts of female staff members wearing the headscarf, and had since dismissed at least one staff member over the matter.

A staff member currently working at the resort told Minivan News that a notice regarding the matter was issued by the resort five months ago.

“There was a female staff member who wore the headscarf who was asked to leave her job two months ago because the resort’s management refused to renew her employment contract [because] she wears a headscarf,” he claimed.

A second staff member Minivan News spoke to also claimed the resort had notified staff that it would not renew the contracts of staff wearing the headscarf.

The allegation first appeared on the Dhivehi Post news blog, which quoted a female staff member at the resort as saying that elderly women living on a nearby island, employed by the resort for cleaning jobs, were issued the same notice.

Human Resources Manager at Kuredhoo Khadeeja Adam said she did not wish to comment on the matter and referred Minivan News to the resort’s General Manager.

Kuredhoo’s General Manager Andrea Nestle also refused to comment on the matter, but said the allegations she had read in her translation of the Dhivehi Post report were incorrect. She referred Minivan News to the head of Champa Trade and Travels in Male’, Abdulla Saleem.

Saleem told Minivan News that the resort policy was established by the resort’s management team, and said he had nothing to do with the policy.

”The management team works very independently and we have no influence on them,” he said.

Secretary General of the Maldives Association of Tourism Industry (MATI), Mohamed ‘Sim’ Ibrahim, told Minivan News that the issue was a “very sensitive” one, “because some [guests] get a bit taken aback. Some are a bit worried about it because they associate the dress with fundamentalism and militant Islam.”

“We don’t want to encourage people to wear the full burqa when they are serving tourists at the front desk, the first line of contact with guests,” he said.“But we don’t have a problem with them working in the office, or in general. It’s up to the resort owner.”

He noted that the right to wear the headscarf was a fundamental right, but that it was also a legal right for a resort to designate its own uniform and dress code.

The issue of discrimination, he noted, had led to “huge problems” in countries such as France.

A French law passed in 2004 banning the display of religious affiliation in schools, including dress and iconography, sparked protests across the Muslim world and also in countries such as the United States which expressed concern that the restrictions violated the France’s international human rights commitments.

In September 2010, the French Senate passed a bill 246 to 1 making it illegal to wear veils covering the face, with fines of €150 for women and €30,000 for men who forced their wives to do so, doubled in the case of minors.

Amnesty International condemned the French bill as a violation of freedom of expression.

“States have an obligation under international law to respect the human rights of everyone without discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status; to protect them against abuses of those rights by third parties, including by private actors within their families or communities; and to ensure they are able to exercise those rights in practice,” the international humanitarian organisation claimed.

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Criminal Court summons DRP MPs Ali Waheed and Mahlouf

The Criminal Court has ordered main opposition Dhivehi Rayyithunge Party (DRP) MPs Ali Waheed and Ahmed Mahlouf to appear before the court to face charges of obstruction of police duty.

Mahlouf told Minivan News today that the case was most likely regarding a DRP protest held outside the presidential residence Muleeage earlier this year that led to violent confrontations with riot police.

”Yesterday Ali Waheed and I received a chit from the Criminal Court saying that a hearing would be conducted on the 29th [Monday],” he received. ”It stated that the charges were ‘obstructing police duty’.”

The DRP MP for Galolhu North added that ”unlike president Mohamed Nasheed, we do not go breaking laws one after the other.”

”That night we were not obstructing police duties and we were not engaging in any unlawful activities,” he insisted. “We were exercising our right to free expression and freedom of assembly.”

Mahlouf said that he was “very pleased” that President Nasheed decided to prosecute him because ”the international community would understand how democratic Nasheed is.”

”He says he would never arrest [opposition] politicians, but he is arresting and charging young politicians and MPs in the country,” he said.

The DRP protest in January that marched to Muleeage turned violent, resulting in injuries to both police officers and demonstrators.

Following the unrest, Ali Waheed and Mahloof were summoned to police headquarters and questioned about their role in the protest.

At the time, Mahloof and Ali Waheed, also DRP Deputy Leader, exercised their right to remain silent.

Regulations currently in place on public gatherings, enforced by presidential decree under the former government, prohibits demonstrations outside certain designated areas, including Muleeage and the Maldives National Defence Force (MNDF) headquarters.

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Criminal Court issues death sentence in gang murder case

The Criminal Court of the Maldives yesterday sentenced Mohamed Nabeel to death for the murder of Abdulla Faruhad, after reviewing the statements of witnesses and finding him guilty of the crime.

The Judge said that article 88[d] of the penal code of the Maldives stated that murders should be dealt accordingly to the Islamic Shariah and that persons found guilty of murder ”shall be executed” if no inheritor of the victim denies the murderer to be executed, according to Islamic Shari’ah.

The Criminal Court identified the murderer as Mohamed Nabeel, G. Reef and the victim as Abdulla Faruhad of Hulhudhoo in Seenu Atoll. As no inheritor of the victim opposed his execution, Nabeel was sentenced to death.

This is the first such sentence to be issued in a case related to gang murder. Previous death sentences issued in the Maldives have included (in 2005) those found to be involved in the death in custody of Evan Naseem, and the perpetrators of 1988 coup. None of these sentences were implemented.

The Prosecutor General’s office filed the case against Nabeel after the police arrested him on charges of deliberately killing Faruhad in revenge for harassing his sister Aiminath Niuma. The case report did not mention what kind of harassment occurred.

The judge said that during the police investigation Niuma admitted that her brother Nabeel attempted to attack Faruhad with a six inch box cutter on March 8, 2009.

In her statement to police, Niuma said she attempted to stop her brother from attacking Faruhad as he tried to flee, the judge stated.

However Niuma was unable to control her brother from throwing the box cutter at Faruhad which lodged in his back. Faruhad died the next day from his injuries.

The PG’s office presented CCTV footage of the incident and three witnesses.

The judge said that although Niuma had later in court dismissed her statements to police, which were fingerprinted by her father as she was underage at the time, ”it is unbelievable that her father read the statement and would fingerprint a false statement given regarding his own son.”

Sub-Inspector Ahmed Shiyam said he did not know how the sentence would be carried out,  but police would implement the verdict if requested by the court.

Attorney General Dr Ahmed Ali Sawad said he had not yet seen the ruling and would be unable to comment before going through the case.

Press secretary for the president Mohamed Zuhair said the the government would comment on the matter only after the judicial procedure was over, ”otherwise it could be considered as an influence on the verdict.”

He said that the accused had a 90 day term to appeal at higher courts if he felt the judgment was unfair.

Correction: An earlier version of this article stated that the last death sentence issued in the Maldives was following the 1988 coup attempt. This has been corrected to reflect the verdict in the trial over the death in custody of Evan Naseem.

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