The Supreme Court’s ‘power grab’

The Supreme Court issued 11-point guideline dictating the human rights watchdog’s roles and responsibilities will force it to “work like a ministry or an extension of the government instead of an independent body,” a commission member who wished to remain anonymous has said.

The apex court yesterday declared a rights assessment submitted by the Human Rights Commission of the Maldives (HRCM) as unlawful and barred the office from communicating with foreign organizations without government oversight.

The 11-point guideline also orders the HRCM to protect unity, peace and order, and uphold Maldivian norms, faith, etiquette and the rule of law.

The main opposition Maldivian Democratic Party (MDP), civil society organizations and lawyers have also said the guideline undermines the commission’s independence, and have said the Supreme Court has infringed on the parliament’s mandate by “writing laws” for the HRCM.

The MDP noted the ruling was issued under controversial suo-moto regulations that allow the Supreme Court to prosecute and pass judgment.

“While the guardian of independent institutions is the parliament, the Supreme Court created a guideline and gave the verdict on charges the court itself brought against the HRCM, we note with concern that this verdict allows an independent institution created by the constitution to lose its independence,” the MDP said in a statement today.

Charges of treason were first pressed in September 2014 after the HRCM publicized a report it had submitted to the UN human rights council for the Maldives’ Universal Periodic Review.

Chief Justice Abdulla Saeed said the report was biased, encouraged terrorists and undermined judicial independence in the Maldives.

MDP MP Imthiyaz Fahmy said: “This is very concerning; this whole case was based on threatening an independent institution with unconstitutional charges because the commission fulfilled its constitutional and international obligations.”

Only the parliament can formulate guidelines for the state’s offices, he said. The guideline will bar the HRCM from investigating human rights violations without state approval as it requires the commission to cooperate with government offices and orders the HRCM not to overstep its mandate or “disrupt” the work of government offices.

Mohamed Thoriq Hamid, the program manager of advocacy NGO Transparency Maldives, said the verdict is part of “a continuing trend” in which the Supreme Court is undermining the work of the state’s independent institutions.

In March last year, the apex court sacked the Election Commission’s president and vice-president when they criticised a 16-point electoral guideline issued by the Supreme Court after annulling the first round of presidential elections in September 2013.

In 2012, the Supreme Court ruled that the Anti-Corruption Commission was not authorized to suspend contracts even if they suspected corruption. The ACC president Hassan Luthfee at the time said the ruling rendered the ACC powerless to stop corruption even if it was carried out on a large scale.

Shahindha Ismail. the executive director of Maldivian Democracy Network, said the Supreme Court is “imposing more serious problems” on HRCM rather than “allying with the commission to overcome existing challenges”.

“This verdict just destroys all the work done for the promotion of democratic principles and the protection of Human Rights all over the world,” she added.

A lawyer who wished to remain anonymous said the Supreme Court’s verdict was an “unconstitutional power grab.”

“What we see in other democratic countries is judicial activism, but this case shows that what is going on here is judicial extremism,” he said.

The guideline has sparked outrage on Twitter.

The former speaker of Majlis, MP Abdulla Shahid said: “Another sad and horrifyingly wicked day for democracy and Human Rights in the Maldives.”

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Underage murder suspect transferred to house arrest

The juvenile court has transferred a suspect in the murder of 19-year-old Ahmed Aseel to house arrest after the minor’s family said he has depression.

The court had previously ordered the minor to be kept in police custody until the murder trial ends.

The minor’s family submitted documents to prove he has depression, local media said.

Aseel was attacked in Malé in August last year and died as a result of his injuries. He was stabbed near Iskandhar School in the Machangolhi ward of the the capital on August 23 along with two others – aged 20 and 13-years-old – whose injuries were not critical.

Doctors had removed Aseel’s right leg in an attempt to save his life after he was stabbed six times.

Eyewitnesses said a group of masked men stabbed the two men in the back and struck the minor on the head before fleeing on motorbikes.

Some eight suspects, including two minors, have been charged over the murder.

 

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MP Mahloof questioned over June 12 sit-in

Opposition MP Ahmed Mahloof was summoned today to the police headquarters for questioning over a sit-in organized by the Maldivian Democratic Party (MDP) on June 12.

Police arrested Mahloof at 3:30am on June 13 from Majeedhee Magu, but he was released by the criminal court the following day. He was was accused of obstructing police duty.

The opposition is protesting over the imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim. Some 2000 people took part in the June 12 sit-in.

Mahloof was not available for comment at the time of going to press.

A police spokesperson said Mahloof was summoned to police over an ongoing investigation, but declined to comment further.

A total of 12 people were arrested in the early hours of the morning, but were all released by the criminal court.

The police cracked down on the protest after protesters refused a police order to stop using megaphone and go home by midnight.

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Gasim to retire from politics

The leader of the opposition Jumhooree Party (JP) Gasim Ibrahim has announced he will retire from politics once his five-year term as Maamigili MP expires in 2019.

The philanthropist and tourism tycoon, who contested the 2008 and 2013 presidential polls, told newspaper Haveeru today that he plans to resign as the JP leader. He also said he no longer wants to run for the presidency.

“My experiences of the two [presidential] elections I’ve contested are clear. It has damaged my businesses. Now I want to step down and serve the people. There is a lot I can do to serve. I have served many people for the sake of humanity,” he said.

Gasim’s announcement comes weeks after the government slapped a US$90.4million fine on his Villa Group and froze the accounts of several subsidiary companies.

The claim was issued after the JP split from the ruling coalition and allied with the main opposition Maldivian Democratic Party (MDP) in a campaign against President Abdulla Yameen’s alleged authoritarianism.

The JP is meanwhile in disarray with two senior officials facing terrorism charges.

Gasim is in Germany at present, Haveeru said. He has been abroad since late April. In a tweet in May, he said he was in Thailand.

Party over

Gasim on Tuesday also appealed to the 10-member JP parliamentary group to support a ruling coalition-proposed constitutional amendment that would bar him from the presidency.

“The JP’s constitution states the leader of the party is its presidential candidate. I fill that position today. But with my decision to support that [the constitutional amendment] I cannot hold that position. So I will hold a congress and hand over the leadership to someone else,” he said.

The ruling coalition wants to set an age limit of 30 to 65 years for the presidency. The constitution at present says that presidential candidates must be 35 years of age.

Gasim will be 66 in 2018.

The MP said he would not abandon the party even if he stepped down from its leadership. “This is a party of 30,000 members. I do not want to destroy the Jumhooree Party. So I will settle the party debts to zero and hand over to a new leadership.”

The JP is currently the only opposition party in talks with the government.

The JP’s last-minute backing was key in President Yameen’s 2013 presidential win. The ruling Progressive Party of the Maldives (PPM) and the JP formed a coalition government, but tensions arose within months after JP accused the ruling party of failure to honor provisions in the coalition agreement including awarding JP members’ jobs.

Gasim had also backed ex-president Mohamed Nasheed in 2008 against the president of 30 years, Maumoon Abdul Gayoom.

The JP and Nasheed’s MDP had formed a coalition with several smaller parties, but the coalition, too, fell apart within its 100 days. Gasim went on to play a key role in Nasheed’s 2012 ouster.

Economic sanctions

According to Haveeru, Gasim is in Frankfurt to save his ailing company.

The Villa Group – which operates businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport and education – has faced difficulties in paying its 5000 staff due to the tax authority’s decision to freeze company accounts.

The Villa Group is contesting the US$90.4million claim at the civil court.

The claim has cost the company a US$80million loan, Villa has said.

“We are in dire straits, unable to pay salaries. With the accounts freeze, we are facing difficulties in sending money to students we provide scholarships for. Tourism occupancy is also very low. So I am looking for ways to improve the company’s financial situation,” Gasim said.

The Villa Foundation is currently supporting some 350 students’ higher education in the Maldives and abroad. The foundation says it has provided some 5000 students with full or partial scholarships.

Since the tax authority issued the US$90.4million claim, Gasim has not been seen at opposition protests and has remained silent on the ongoing political crisis triggered by the jailing of several politicians including Nasheed.

MPs and senior officials of the JP, however, went on to form a new coalition with the MDP and the religious conservative Adhaalath Party in March.

Gasim served as Minister of Finance from 2005 – 2008 and served as the Speaker of the special parliament set up to draft the Maldives’ new constitution in 2008.

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19-year-old man stabbed to death in sixth murder in 2015

A 19-year-old victim of an assault in Addu City last night died this morning while undergoing treatment for injuries.

Local media has identified the deceased as Hussain Shiar from the Atheena house in the Hithadhoo ward. He was stabbed in the back and the head.

A police media official said the assault victim passed away around 10:45am. He was being treated at the intensive care unit of the Hithadhoo regional hospital.

The media official said the hospital had reported the assault to police.

No arrests have been made yet. According to local media, Shiar was attacked by masked men who entered his home around 11:00pm last night.

But the police media official said the assault occurred on the street.

In November last year, masked men forcibly entered a home in the Maradhoo ward of Addu City and assaulted a father and son. The incident followed the arrest of a 23-year-old from Maradhoo on suspicion of attacking a 34-year-old with a machete the previous night.

Shiar’s fatal stabbing meanwhile marks the sixth murder this year.

In late March, the police launched a joint security operation with the army following the the murder of a 29-year-old man in Malé.

Police officers and soldiers began patrolling the streets of the capital, checking vehicles, and stopping and searching individuals in an effort to curb gang violence.

A 23-year-old was stabbed to death outside his home in the Henveiru ward of Malé on February 21, whilst a 29-year-old was killed in Laamu Mundoo on March 20.

Two were Bangladeshis also murdered and four expatriates stabbed in a spike in violence against expatriates in March.

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First resort under luxury brand St. Regis to open in 2016

International hotel developer Starwood Hotels and Resorts has announced the opening of the Maldives’ first resort under its luxury brand world St. Regis next year.

The new resort  is being developed in Dhaa Atoll Vommuli Island, a 40-minute seaplane ride away from the capital Malé, by the Chennai-based Appaaswamy Group

Starwood Hotels currently operates the W Retreat & Spa and Sheraton Full Moon Resort & Spa.

The new Vommuli Resort will feature 77 luxurious private villas, a spa with six private treatment rooms, an infinity swimming pool, and a state of the art fitness centre along with a dive and activity center.

“This signing further fuels Starwood’s strong growth momentum in South Asia, where we continue to see strong demand for high-end hotel accommodations,” said Sudeep Jain – Starwood’s Vice President of Acquisitions and Development.

“The upcoming arrival of the St. Regis brand in the Maldives underpins our commitment to Starwood’s luxury portfolio in this dynamic market.”

The St. Regis brand operates more than 30 hotels and resorts around the world.

“We are pleased to partner with Starwood to bring this hotel to life: marrying the bespoke service of the St. Regis brand with the ‘barefoot luxury’ mentality of the Maldives,” said Ravi Appasamy Managing Director of Residency Resorts Male Private Limited.

“The brand’s allure, coupled with Starwood’s powerful loyalty program, is sure to entice affluent travelers to visit this enchanting destination.”

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Five staff arrested from Shangri-La Villingili for alleged theft

Five employees from Shangri-La Villigili have been arrested on suspicion of stealing from the luxury resort’s jewellery store.

The suspects were brought to the capital from the southernmost atoll yesterday, local media reported, and the criminal court has extended their remand detention to 15 days.

According to the resort, the suspects broke a glass window of the shop and stole a large amount of expensive jewelry. All suspects are Maldivian.

The police are also investigating the alleged theft of $68,000 by a Shangri-La employee working at the finance section.

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Bangladeshi woman arrested on prostitution charges

A Bangladeshi woman was arrested from a residence in Malé around 8:00pm last night on charges of prostitution.

Three Bangladeshi men were also arrested after police officers raided Machangoalhi Zeefiyaz based on intelligence information.

The suspects were engaged in prostitution when officers entered the residence, the police said in a statement. Some of the men are suspected of being the woman’s agents.

The police also searched a room in the house and found cash in local and foreign currencies as well as unspecified “items used for sexual activities.”

Last night’s raid follows the arrest of eight suspects, including three foreign women, four foreign men, and one Maldivian man, from a brothel in Malé last week.

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Amendments propose registering plots smaller than 600 square feet

The parliament has accepted for consideration amendments proposed to the land law to allow registration of plots of land smaller than 600 square feet.

Progressive Party of Maldives (PPM) MP Riyaz Rasheed’s amendment bill was accepted unanimously with 56 votes in favour at today’s sitting of parliament and sent to committee for further review.

Under the current law, plots of land smaller than 600 feet cannot be separately registered.

In cases where children inherit a small parcel of land upon division of a parent’s property, Riyaz said the new owners were unable to obtain loans or mortgage the property as it was not registered under their names.

During today’s debate, most MPs favoured the proposed changes, noting that the problem was especially acute in the congested capital.

Meanwhile, amendments proposed to the Decentralisation Act by main opposition Maldivian Democratic Party MP Rozaina Adam to change the eligibility criteria for local council candidates was rejected with 40 votes against and 21 votes in favour.

Rozaina proposed allowing individuals who have been convicted for a criminal offence to contest elections five years after serving the sentence. Under the current law, a person convicted of a crime with a punishment specified in Islam, drug abuse or trafficking, or bribery cannot contest in elections for island, atoll, or city councils.

During the debate on the amendments at today’s sitting, several MPs noted that individuals convicted of crimes can contest in parliamentary elections five years after serving their sentence. A harsher criteria for council candidates is unfair, the MPs argued.

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