Author: Ahmed Nazeer

Criminal Court suspends two senior police from appearing “on ethical grounds”

The Criminal Court has suspended two officers who spoke in court on behalf of the police during hearings concerning two opposition leaders.

Jumhoree Party (JP) leader Gasim Ibrahim and People’s Alliance (PA) leader Abdulla Yameen, both also high-profile businessmen, were detained last week on charges of treason and bribery.

Police Sub-Inspector Ahmed Shiyam identified the two officers as Inspector Mohamed Riyaz of Special Investigations and Superintendent Mohamed Jinah, Head of Drug Enforcement. Both officers have been suspended from appearing in court on behalf of police until December 2010.

When Minivan News contacted Jinah seeking to clarify the matter, he requested Minivan News contact Shiyam for information.

Shiyam claimed that police have been unable to determine the specific reason for the suspension of the two officers.

”The Criminal Court sent a letter signed by the Chief Judge of the court to Police Commissioner Ahmed Faseeh,” said Shiyam. ”The letter did not mention any specific reason [for the suspensions], only ‘ethical grounds’.”

Spokesperson of the Criminal Court Ahmed Riffath said that as police was not revealing details of the matter, the Criminal Court also did not wish to do so.

”There is a code of conduct that people representing in court should follow,” said Riffath. ”They were suspended due to a case relating to this code of ethics. It is for more than one reason.”

”This is the only information we can provide and I believe that it would be enough for co-operating with the media,” he added.

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Opposition joint coalition will deliver “shocking message” to government

The Dhivehi Rayyithunge Party (DRP) has announced it will hold a “special protest” this evening together with coalition partners, to deliver “a shocking message” to the government.

Ali Solih, DRP Media Coordinator, said that the protest would be held at the Artificial Beach tonight and that the leaders of the four opposition parties will be present at the protest.

”Leader of People’s Alliance (PA) , leader of Dhivehi Qaumy Party (DQP), leader of Jumhooree Party (JP) and leader of the Dhivehi Rayyithunge Party (DRP) will address the people at tonight’s protest,” said Solih, ”and they will deliver a shocking message to the government.”

JP leader Gasim Ibrahim and PA leader Abdulla Yameen, both high-profile businessmen, were recently accused by the government of vote buying and treason. However Supreme Court has since ruled that their arrest was unconstitutional, after a panel of five judges decided that there was not enough evidence to keep them under house arrest.

Solih claimed the protest would show the government “the unity of the opposition coalition.”

”Due to the weather, not many islanders will be able to participate in this protest,” he said, ”but it will be a mass protest.”

Solih said that the party had requested the municipality council provide a ground for it to hold meetings, but that the council had not given an appropriate answer.

Deputy Leader of the DRP, Umar Naseer, said tonight’s gathering would not be a protest “but a rally where the leaders of four parties will address to the people.”

”It will start at 8:45pm,” he said. ”This rally is to let the government know that they have failed and that they should resign now.”

He said that the rally was “not scheduled to turn into a protest.”

On May 13, DRP held a protest against hiked electricity tariffs, titled ‘Red Notice’. The protest was dispersed by riot police outside the State Electricity Company (STELCO) building, and several DRP MPs, protesters and police were injured in the scuffle.

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Supreme Court orders release of MPs

The Supreme Court of Maldives has overturned a High Court ruling to keep MPs Gasim Ibrahim and Abdulla Yameen under house arrest for 15 days, ordering the immediate release of the high-profile businessmen and minor opposition party leaders.

Yameen and Gasim were detained pending an investigation into alleged corruption, bribery and treason.

A legal team led by former Attorneys General Azima Shukoor and Dr Hassan Saeed, representing the MPs, appealed the High Court decision last week on the grounds that the arrest was unlawful as Gasim was taken to the police station “to clarify something.”

Today’s ruling invalidates both the Criminal Court order to keep the MPs under house arrest for three days and the High Court ruling to extend the period to 15 days.

Chief Justice Abdullah Saeed said there was no room to uphold the lower court rulings granting the police authority to arrest the MPs.

The panel of five judges on the interim court concurred that the evidence presented was not sufficient to keep Gasim and Yameen under house arrest or in custody.

Speaking to press after the verdict, former Justice Minister Dr Mohamed Jameel Ahmed and Dr Hassan Saeed said the ruling was “a victory for separation of powers in the Maldives.”

“Both of them were arrested in violation of the constitution and today this has been proven,” the Dhivehi Qaumee Party leader said.

Mulaku MP Yamin told reporters that the highest court of appeal in the country has ruled that police disregarded the law and the constitution in arresting the MPs.

“This is a victory for the Maldivian people, a complete victory,” said Gasim.

Crowds of PA and JP supporters gathered outside the former presidential palace Theemuge that houses the Supreme Court and High Court, to celebrate the ruling.

The leaders of the opposition People’s Alliance and Jumhoori Party (Republican Party) was arrested on 29 June in the wake of the en masse resignation of the cabinet, who claimed that opposition MPs were obstructing the government with the passage of laws intended to wrest executive power from the president.

The first hearing

At last week’s Supreme Court hearing, police requested that the court abolish provisions in the parliamentary rules of procedure that restrict the detention of MPs.

Ibrahim Riffath, Deputy Solicitor General advocating on behalf of the police in his personal capacity, argued the provisions were unconstitutional as article 88(a) of the constitution only grants authority to the People’s Majlis to formulate regulations for its administration and that MPs’ privilege could not be extended through such regulations.

According to local newspaper Haveeru, another point of contention at the hearing was interpreting article 45 of the constitution, which states everyone has the right not to be arbitrarily detained, arrested or imprisoned except as provided by law enacted by the People’s Majlis in accordance with article 16.

Article 16 restricts Majlis to enacting laws that could limit rights and freedoms to any extent only if demonstrably justified in a free and democratic society.

Grilled by the judge, Mohamed Jinah from police said the law referred to in article 45 was the Police Act, which grants police extensive powers for criminal investigation.

However, former AG Hassan Saeed said it refers to the Criminal Justice Procedures Act, which was being drafted at the same time as the constitution.

Hassan Saeed said the Police Act does not specify how arrests and detentions should be made.

Asked whether such a law existed, he answered no.

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Seventy-eight year-old man arrested for abusing 12 year old disabled girl

A 78 year-old man has been arrested for allegedly abusing a 12 year-old disabled girl last Friday on the island of Inguraidhoo in Raa Atoll.

Police Sub-Inspector Ahmed Shiyam confirmed that an elderly man was arrested in connection with a child abuse case in Inguraidhoo.

”We can’t provide further information regarding the case,” he said.

An islander familiar with the matter alleged that the girl’s mother sold her to the old man, “because the girl is a disabled girl and she cannot even attend to school,” he said.

”The islanders say that her mother gave her to the old man for some amount of money. Both of them were taken to Inguraidhoo police station, and police have now released her mother.”

He said the old man was not a man from the island but said he used to visit Inguraidhoo.

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Millions of rufiya and a 100 foot fiberglass fishing boat to join JP: leaked letters allege corruption

Letters sent by MDP MPs to President Mohamed Nasheed containing allegations of corruption against Jumhoree Party(JP) leader MP Gasim Ibrahim have been leaked to the press.

Gasim is currently under house arrest, charged with bribery and treason.

The documents are addressed to the President and signed by ruling Maldivian Democratic Party (MDP) MPs  Mohamed Nazim, Ahmed Easa, Mohamed Gasam, Mohamed Rasheed, Mohamed Shifaz and Ilyas Labeeb.

In one of the letters, Madaveli MP Mohamed Nazim claims that Gasim offered him a 100 foot fibereglass fishing boat and Rf4 million to join the JP, adding that the offer was unlawful and could be considered attempted bribery.

In his letter Kedhikolhudhoo MP Ahmed Easa alleges that Gasim offered him Rf5 million to defect from MDP to the JP.

The letter from Mohamed Gasam, MP for Thinadhoo, claims Gasim had offered him “many rewards” to recruit him away from MDP.

In a letter signed by Hulhu-Meedhoo MP Ilyas Labeeb, the writer mentions that Gasim offered him Rf5 million to buy and construct a house in Hulhumale’.

Press Secretary for the President’s Office, Mohamed Zuhair, said that he could not confirm whether the letters were genuine, or that the letters were the same as those received by the president.

‘’Similar complaints were forwarded to president by several MPs,’’ said Zuhair. ‘’I cannot confirm whether the [leaked] letters are the actual letters.’’

Zuhair said that police were currently investigating the allegations of corruption against the opposition leaders.

Spokesperson for the MDP parliamentary group, Baarah MP Mohamed Shifaz, one of the MPs whose name was on one of the leaked letters, revealed that the leaked letter in his name was an edited version of the letter he actually wrote.

Shifaz said that the middle paragraph of the leaked document in his name was edited.

‘’I did not mention any amount of money Gasim offered me,” Shifaz said. “I wrote that he had offered me different amounts on different occasions.”

‘’I did send a letter to president last month, because of a rumor that circulating in those days that I was about to join the JP,” he said. “It dragged me into a situation where MPs almost lost confidence in me, and I thought the president might feel the same way. So I sent him a letter to make him confident that I would not leave MDP.”

MDP’s Council adopted a resolution late last month to terminate its coalition agreement with JP.

Gasim did not respond to Minivan News at time of press.

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Police arrest deputy speaker after 12 hour siege

Police today arrested Deputy Speaker of the Parliament and People’s Alliance (PA) MP Ahmed Nazim, after laying sieging to his house for half a day.

According to the warrant issued by the court this afternoon, police are seeking to question Nazim on matters concerning bribery, attempting to influence and threaten independent commissions, and attempting to physically harm political figures.

Police waited outside Nazim’s house from 11:00pm last night in an attempt to take him into questioning, but he remained inside. After several attempts by police to obtain a warrant, the court this afternoon issued a warrant for police to enter Nazim’s house without his permission.

Newspaper Haveeru reported that Nazim was taken to Dhoonidhoo police custodial.

A police spokesman said that police have been trying to summon Nazim for days regarding the investigation of a case reported to police.

”We last night informed the Speaker of the Parliament (Abdulla Shahid) that police needed to summon Nazim and had tried to take him [in for questioning], but Nazim did not co-operate with the police,” he said. ”He is now under police observation.”

He said that Nazim was “not arrested but summoned”.

Police recently arrested People’s Alliance (PA) leader Abdulla Yameen Abdul Gayoom and Jumhoory Party (JP) leader Gasim ‘Buruma’ Ibrahim on charges of bribery and treason, after the case was reported to police by the President’s Office.

Days afterwards, several recordings believed to be of MPs discussing the sale of political influence and obstruction of bills were leaked to the media.

”The leaked audio clips were edited versions of the real clips,” claimed DRP MP Ahmed Nihan. ”They edited it in a way that they can achieve what they wanted.”

Local media have claimed that one of the voices in the leaked audio clips was Nazim’s.

DRP MP Ahmed Nihan however condemned the arrest of the PA MP.

”This is what the government does to threaten the opposition,” said Nihan. ”He threatens the opposition leaders and MPs physically and mentally.”

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf said he ”always knew that dictator’s Nasheed’s actions would be like this.”

”Right after the peace talks [mediated by US Ambassador Patricia Butenis and more recently, Sri Lankan President Mahinda Rajapaksa] concluded, police went to arrest Nazim,” said Mahlouf. ”President Nasheed tries to solve problems by creating them.”

Mahlouf said that arresting Nazim “was like arresting the Vice President.”

”President Nasheed is very dangerous. I would do not think he would be afraid to shoot people either,” Mahlouf added.

Nihan claimed the government was now expecting opposition parties to hold demonstrations that would deteriorate the situation of the country further, in order to charge more opposition leaders and MPs.

”President Nasheed will be behind everything,” Nihan said. ”MDP is a party that never respects their words and their pledges.”

He said that the ‘new’ cabinet reinstated yesterday was unlawful and that the parliament would not approve some of the ministers.

Yesterday the President’s Press Secretary Mohamed Zuhair claimed the wording of the constitution was such that parliament was only required to assent to a cabinet as a whole, and was not required to endorse individual ministers.

In a joint press statement this morning, the Nasheed and Sri Lankan President Rajapaksa said the government and the opposition had agreed to constitute a six member Majlis committee “to carry forward a dialogue addressing such pressing issues as the appointment of the cabinet of ministers and the smooth functioning of the legislative process.”

Nazim chairs the parliamentary finance committee, which was at loggerheads with the Ministry of Finance over additions parliament made to the budget, such as the restoration of civil servant salaries.

Nazim also put forward a motion to dismiss former Auditor General Ibrahim Naeem, after he was accused of corruption by the Anti-Corruption Commission (ACC) for using the government’s money to buy a tie and visit Thulhaidhu in Baa Atoll.

Naeem claimed the charges were an attempt to discredit his office and prevent him from reclaiming the government’s money stored in overseas bank accounts.

“A lot of the government’s money was taken through corrupt [means] and saved in the banks of England, Switzerland, Singapore and Malaysia,” Naeem had claimed two weeks prior, announcing a financial audit of all current and former ministers.

Nazim the previous week had pleaded not guilty to charges of conspiracy to defraud the former ministry of atolls development while he was Managing Director of Namira Engineering and Trading Pvt Ltd.

Both Nazim and Speaker of the Parliament DRP MP Abdulla Shahid did not respond to Minivan News at time of press.

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HRCM “expresses concern” that media is disrespecting people’s privacy

The Human Rights Commission of the Maldives (HRCM) has expressed concern that the media has been publishing “personal telephone calls” and “other types of private conversation” between people.

HRCM issued a press release noting that article 24 of the constitution says that ‘everyone has the right to respect for his private and family life, his home and his private communications, and that every person must respect these rights with respect to others.’

‘’We have noted that this causes people to hesitate before conducting private conversation,’’ said the statement.

“[Furthermore] article 52 of the constitution says that no evidence shall be obtained by unlawful means.’’

The statement said that under article 18 of the constitution it was the responsibility of the state to protect the rights and freedom of the people.

“All the medias should provide information in a manner that will not disrupt the humanitarian sanctity and honor of any person,’’ the commission said. “We call on the media to use the freedom of press according to the laws with responsibility.’’

Recently telephone conversations believed to be voice of MPs discussing the sale of votes for political influence were promulgated through the local media.

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“Here’s some cash”: Kulhudhufushi islanders open charity box for MP Nasheed

Kulhudhufushi islanders have launched a charity fund box to help their elected MP Mohamed ‘Kutti’ Nasheed, an independent member of parliament, after he admitted it was his voice saying ”I need some cash” to Jumhooree Party (JP) leader Gasim ‘Buruma’ Ibrahim in a leaked audio clip.

Gasim is currently under house arrest while he is investigated by police for vote-buying and treason.

”We felt pity for our MP Mohamed Nasheed after hearing the leaked audio clip,” said Mohamed Naeem, a Kulhudhufushi islander who heads the group that opened the charity box.

”When he first asked Gasim about his financial condition, we thought that Nasheed was about to help Gasim. But then we heard he was running low financially himself and was in need of some cash.”

Naeem said the group of islanders did not wish their MP to be begging people for money, and had set up a charity box on the beach of the island for everyone to put money in to help Nasheed.

”We do not like the way he begged,” he added. “We heard him saying that he would send someone somewhere to pick up the money in case people might see.”

”We will keep the box open until 6:00pm on Saturday, and then we will open it and count the money,” Naeem said. ”Then we will hand all the money to Nasheed’s office, and if they refuse to deliver the money to him, we will send it to him directly.”

Many people on the island had already walked down the beach to the box and were putting money in it, Naeem said.

”We are not a NGO, not even anybody from the island office – we’re just normal islanders,” he added.

As an elected member of parliament, Nasheed receives Rf62,500 (US$4864) per month from the State.

Nasheed was not responding to calls at time of press.

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241 committee cancels confidential meeting with police and defense chiefs

Parliament’s ‘241’ security services oversight committee has canceled a confidential meeting that was to be held today, after summoning Police Commissioner Ahmed Faseeh and Chief of Defence Force Major General Moosa Ali Jaleel for questioning over their handling of the current political deadlock.

Commissioner Faseeh was to be summoned at 4:30pm and the Major Jaleel was to be summoned at 6:30pm, but the the committee concluded its meeting the moment it started.

Maldivian Democratic Party (MDP) MP Ahmed Shifaz said that the committee meeting was cancelled on a request by MDP MPs.

“Because there are two MPs charged with criminal offences, we recommended the committee cancel the meetings,” said Shifaz. “It does not make much sense when two MPs accused of criminal offences summon the Police Commissioner and Chief of Defense in order to question them.”

Jumhooree Party (JP) MP Gasim Ibrahim and People’s Alliance (PA) MP Abdulla Yameen were charged last week for bribery and treason and are currently under house arrest while police investigate the matter.

Parliamentary regulations state that detained MPs must be released to attend parliamentary proceedings and committee hearings, and initial attempts by police to retain them in custody were overruled in the High Court last week.

As Gasim and Yameen are members of the opposition-led parliamentary committee, they can thus be temporarily freed to question their captors, who, according to article 98(a) of the Constitution, “must respond under oath truthfully to questions put to them and to produce documents, required by the People’s Majlis relating to the due performance of the obligations and responsibilities of such person.”

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf said MDP MPs invaded the meeting and disrupted it.

“They first removed the board on the outside wall of the committee room,” said Mahloof. “Then they all went inside the room and disrupted the meeting.”

Mahlouf said that most of the MDP MPs who disrupted the meeting were not members of the committee.

A small gathering of MDP supporters gathered outside the parliament prior to the start of the the meeting.

Members of the committee include DRP MPs Ali Waheed and Yousuf Naeem, People’s Alliance (PA) MPs Abdulla Yameen and Moosa Zameer, Jumhooree Party MP Gasim Ibrahim, Independent MP Ibrahim Riza, and MDP MPs ‘Reeko’ Moosa Manik, Alhan Fahmy and Mohamed ‘Colonel’ Nasheed.

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