Author: Mohamed Saif Fathih

Three-month old Maldivian baby dies in Syria

Media sources have reported that a three-month old Maldivian baby has died in Syria after being taken their with her parents.

According to reports, the baby died as a result of respiratory difficulties around one week ago due to lack of adequate healthcare.

It was also reported that, after the child had fallen ill, the mother attempted to travel back to the Maldives but was prevented from contacting relatives due to the lack of cooperation from her husband and other jihadists.

Her parents are said to have travelled to Syria for jihad around two months ago, crossing into the country from Turkey.

Maldives Police Service media officials stated that the they had not yet received any information about the case.

Earlier this week, Commissioner of Police Hussain Waheed called it a cause of concern that Maldivian nationals are leaving the country to fight in wars abroad.

In a police function held on February 2, the Commissioner said it is necessary for all police officers to work together in order stop Maldivians joining wars abroad, instructing the intelligence department to immediately take preventative measures if the service receives any information regarding such a case.

Since the first reports of Maldivians travelling to ISIS-held territories for jihad were received last year, a steady stream of recruits have left the country, including couples and entire families.

The exact number of Maldivians abroad for jihad remains unclear, with Haveeru reporting a group of six having departed last week, as well as a dozen more said to have gone to Syria at the start of January.

Commissioner Waheed has previously estimated that around 50 Maldivians are working with foreign rebel groups, dwarfing figures suggested by Home Minister Umar Naseer in December.

Despite assurances that the activities of radicals are being monitored, the group said to have left in early January included a number of individuals known to police.

They included Azlif Rauf – a suspect in the murder of MP Dr Afrasheem Ali, and an individual arrested over the disappearance of Minivan News journalist Ahmed Rilwan.

Last month, four would-be jihadis were apprehended in Malaysia, with media reporting that they were brought back to the Maldives and released after the authorities seized their passports. A similar group were returned from Sri Lanka in November.


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MPs need more time for Ibthihaal investigation

The Majlis government accountability committee requires more time to determine possible state negligence regarding the death of three-year-old Mohamed Ibthihaal last week.

Committee member Rozaina Adam said that the committee first received documents and reports from the state institutions regarding the case when arriving at today’s sitting.

“The reports were not emailed to committee members before the sitting,” said Rozaina. “We had to read them while at the committee so we did not have adequate time to map out a course of action according to the contents of the documents”.

The Maldivian Democratic Party MP noted that the report sent by the police did not include any information relating to Ibthihaal before his death, only detailing the actions by the service afterwards.

“We have no choice but to ask representatives from police to come and clarify the information to the committee,” she said.

Local authorities and the police and gender ministry were both aware of the abuse prior to the child’s death, the island council has revealed, though the government has assured that Ibthihaal was in a safe environment when officials last visited the island.

However, Rozaina noted today that the Ministry of Law and Gender has no documents to substantiate these claims.

“The gender ministry says they handed the child over to a relative, but they have no records of doing so and the relative denies having been handed over guardianship. There are documents and forms that need to be filled if gender assigns guardianship of a child to another person,” said the Addu-Meedhoo MP.

Closed committee

Rozaina also accused pro-government MPs of hampering the investigation, stating they “do not want to reveal any information that might find the government guilty of negligence”.

She also accused committee chair Riyaz Rasheed of conducting today’s sitting in violation of the Majlis’ rules of procedure by refusing to allow members of the press to witness proceedings.

Responding to these claims, Progressive Party of Maldives (PPM) MP Riyaz said that neither a motion to hold a closed door session nor an open one was proposed by any member, with the meeting adjourned before any such deliberations were made.

“At first I did not let media personnel inside the meeting room as some of the institutions requested their reports and documents be kept confidential, and before any committee member proposed to hold a closed door meeting or an open one, I ended the committee as most members requested further time to analyse the documents,” Riyaz stated.

The Vilifushi MP also said that the committee members would receive until next week to analyse the documents, after which he would schedule a sitting to proceed with the issue further.

Documents regarding Ibthihaal were requested from Rakeedhoo Island Council, the Maldives Police Services, the Human Rights Commission of the Maldives, the Ministry of Law and Gender, and the Family Protection Unit.

Multiple investigations into potential state negligence have begun after the authorities’ prior knowledge of the abuse became apparent.

Meanwhile, the 26-year-old mother of the child, Afiya Mohamed, was arrested in the afternoon hours of January 30, with media reporting that Rakeedhoo Magistrates Court had remanded her for 15 days.

Ibthihaal’s two siblings are currently in the care of family members, local authorities have said.


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Nasheed’s request for halt to Hulhumalé court appointments denied

The High Court has ruled that there are no legal grounds under which a stay order can be granted against the Judicial Service Commission (JSC) regarding the appointment of judges to the Hulhumalé Magistrates Court.

The order was requested by former president and opposition Maldivian Democratic Party (MDP) leader Mohamed Nasheed during Tuesday’s (February 3) hearing into his case against the JSC over the legality of the appointment process.

Hassan Latheef, a member of Nasheed’s legal team, told Minivan News that the High Court gave its decision with no further explanation or reasoning.

“It just said that the court finds no legal ground on which such an order can be granted,” said Latheef.

Further, he revealed that representatives of Nasheed have been asked to attend the High Court to sign the statements given in relation to the case challenging the legality of the Hulhumalé Magistrates Court bench,

The case was first raised in 2012, and challenges the legality of the bench assembled to try the opposition leader for the detention of Criminal Court Judge Abdulla Mohamed during his presidency.

Meanwhile, Tuesday’s hearing saw presiding judges ask Nasheed’s representatives to submit the request for a stay order in writing despite their insistence that the court allow the request to be presented orally.

Nasheed lawyer Hisaan Hussain commented while speaking to the press after the hearing that the court must provide opportunities for the points to be presented orally, facilitating the illustration of connections between laws and facts of the case.

Expressing discontent over the time limits placed by the presiding judge and the refusal to allow the points to be raised in court, Hisaan said: “If the court is not providing enough time to orally present the case in detail, both parties involved can send the relevant documents to court and the court can deliberate on the matter”.

Responding to the request during Tuesday’s trial, JSC lawyer Hussain Ibrahim said he was unable to respond as he was not aware the process of appointing new judges to the Hulhumalé Magistrates Court bench was underway.

Nasheed and the MDP have suggested the case is being rushed through after a near two-year delay in order to conduct his trial before the introduction of the new Penal Code in April, which they argue does not include the offence under which he is being charged.

Hearings will resume next week.


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We will change the government according CoNI report, says Nasheed

Former President Mohamed Nasheed has said the opposition will change the government in the manner which was authenticated by Commission of National Inquiry (CoNI) report.

Speaking at a street rally in Malé held last night (January 3) by Nasheed’s Maldivian Democratic Party (MDP) and its new ally the Jumhooree Party (JP), Nasheed said all political parties had agreed that the findings of the report would be accepted even before it had begun.

“This very report stated that the transfer of power on February 7 was made in accordance with the laws – President Yameen, we are also going to change your government in that very path deemed legal,” he said.

After the Commonwealth-backed inquiry ended the MDP’s hopes of overturning the new administration, Nasheed described the final report as a setting a legal precedent for the overthrow of an elected government through police or mob action.

The Maldives was left “in a very awkward, and in many ways, very comical” situation, said the former president at the time of the report’s release in August 2012, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

The report into the circumstances surrounding Nasheed’s controversial resignation found that the change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed”.

“The resignation of President Nasheed was voluntary and of his own free will. It was not caused by any illegal coercion or intimidation,” the report claimed.

“[I]t is evident that President Nasheed lost the support of the coalition supporting the MDP which had brought him to power and it is an irrefutable fact that MDP never enjoyed a clear majority in the Parliament,” read the document, pointing to factors that led to his departure from office.

Constitutional amendments

Nasheed claimed last night that as stated in the CoNI report, President Abdulla Yameen’s government had also lost legitimacy after JP leader Gasim Ibrahim – who backed Yameen in the 2013 presidential run-off elections – pulled out of the coalition.

“There is no support for President Yameen’s presidency. The support he received even with President Maumoon is 25 percent,” Nasheed stated.

He argued that the spirit of the Maldivian Constitution is aligned with the presidential system of governance, which demands that one individual gains over 50 percent of the voting population’s support.

This support failed to materialise in either the 2013 presidential elections, or in his own 2008 victory, noted Nasheed.

“The result is that the new government in its infancy loses legitimacy after coalition partners pull out”.

Nasheed also stated that the Maldivian people do not wish to create a dictatorial ruler with a super majority, but rather wish “to find a way in which the Maldives is ruled under the principle of dialogue and discussion”.

He subsequently claimed that constitutional changes needed to be brought in order to facilitate a system of democracy in which the government can function without a super majority, through discussions and dialogue between political figures and parties.

The MDP and the JP held a third round of discussions at Maafannu Kunooz on Sunday (January 1) night, agreeing to officially sign a document concerning their joint efforts to defend the Constitution.

The document, scheduled to be signed at a special ceremony on Thursday (January 5), will be followed by a joint rally that evening at the Carnival area in Malé.

Although the Adhaalath Party has decided against joining the alliance, the Maldives Trade Union has joined the opposition, claiming that the government’s persistent violations of the constitution have “eroded crucial checks and balances and accountability mechanisms”.


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Treasury bills and bonds rise to MVR17.6 billion, MMA reveals

The Maldives Monetary Authority (MMA) has revealed that the outstanding payments for treasury bills and bonds had risen to MVR17.6 billion at the end of 2014.

According to the Monthly Economic Review of December 2014, published yesterday (February 3), stocks of government securities comprising T- bills and T-bonds increased 22 percent and 55 percent, respectively, comparing monthly and yearly terms.

“As for the outstanding amount of T-bonds, it increased significantly in both monthly and annual terms and reached MVR6.4 billion compared to MVR3.1 billion recorded in November 2014,” the review stated.

The MMA’s economic review revealed that 103,744 tourists arrived in the Maldives in December 2014, which is 1 percent lower than the arrivals of the same period in 2013, due to the “decline in arrivals from Asia and Europe”, but an increase of 16 percent compared to November 2014.

Among Asian countries, China contributed the most tourists, with 363,000 of the 1.2 million visitors in 2014 – a year-on-year rise of 9.6 percent.

It was also noted that the occupancy rate of the Maldivian tourism industry as a whole decreased by two percent, from 76 percent in December 2013  to 74 percent in December 2014 due to the decrease in total bed nights by 3 percent, and the average duration of stay to 6 days.

Comparison of figures from November and December of 2014 suggest that there was a 12 percent increase in international reserves and a 17 percent increase in state revenue, leaving international reserves at US$614.7 million by the end of last year.

Reserves held at the end of November equated to 3.3 months of imports, compared to 2.3 months recorded at the end of November 2013, said the MMA.

“The increase in total revenue during December 2014 was largely due to a 32% growth in tax revenue (mainly contributed by the increase in T-GST receipts),” stated the monthly review.

Trade balance worsened by 42 percent in December 2014 compared to corresponding the same period in 2013, as imports rose by 34 percent while exports only increased by 11 percent.

“The growth in imports was mainly due to the increase in imports of transport equipment, while the growth in exports can be attributed to the rise in re-exports”.

According to a statement from Maldives Customs Services on January 14, imported goods in 2014 amounted to MVR30.7 billion – a 22 percent increase compared to 2013.

Customs figures also showed that the decline in exports saw the total value of goods leaving the Maldives in 2014 valued at MVR2.24 billion, compared with MVR2.56 billion in 2013.

(PICTURE: MMA MONTHLY ECONOMIC REVIEW – JANUARY 2015)


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Opposition alliance a “waste of time”, says Gayoom

Former President, and leader of the ruling Progressive Party of Maldives (PPM), Maumoon Abdul Gayoom has described the opposition’s alliance to defend the Constitution as a “waste of time”.

Gayoom told reporters that the current government has in no way violated the Constitution and that there is no reason for any party to talk about defending it.

“Therefore, when some people have come out claiming to defend the Constitution, it makes me laugh,” Gayoom told reporters before travelling to the Delhi Sustainable Development Summit (DSDS) this morning.

The former 30-year ruler, who will participate in the summit as a panelist and a speaker, also questioned the intentions of the opposition, stating that “our President Abdulla Yameen pays special attention to follow the Constitution”.

Gayoom’s comments are the first from a high level member of the ruling party since the Maldivian Democratic Party (MDP) and Jumhooree Party’s (JP) decision to work together in defending the Constitution.

The parties are alleging that the government is narrowing civil liberties, intimidating political opponents, and destroying state’s checks and balances.

PPM spokesman MP Ali Arif told Minivan News that the opposition parties were unable to specify which part of the Constitution the government has violated.

“We have asked them which specific part or article of the Constitution the government has violated. They cannot seem to answer the question. This is just noise, all these claims are baseless,” stated Arif.

He also said that amendments to the Judicature Act – which saw the removal of two Supreme Court judges, and amendments to the Auditor General’s Act – which saw the reappointment of the auditor general, were all legislative changes brought by parliament.

Former Auditor General Niyaz Ibrahim has suggested his removal – just days after an audit report implicated the tourism minister in a US$6 million corruption scandal – was not legal without changes to the Constitution.

The Civil Court has, meanwhile, said the People’s Majlis had “forced” the Judicial Services Commission to deem Chief Justice Ahmed Faiz and Justice Muthasim Adnan unfit for the Supreme Court bench without due process, through an “unconstitutional” amendment to the Judicature Act.

“In a democratic society the parliament brings changes to laws,” Arif told Minivan News today. “If the president does not wish to gazette the law, he can send it back but then again if the parliament passes the bill, it automatically becomes law. How is the president or government at fault?”

Meanwhile, the MDP and the JP held a third round of discussions at Maafannu Kunooz on Sunday (January 1) night, agreeing to officially sign a document concerning their joint efforts to defend the Constitution.

The document, scheduled to be signed at a special ceremony on Thursday (January 5), will be followed by a joint rally that evening at the Carnival area in Malé.

Although the Adhaalath Party has decided against joining the alliance, the Maldives Trade Union has joined the opposition, claiming that the government’s persistent violations of the constitution have “eroded crucial checks and balances and accountability mechanisms”.

The MTU was inaugurated in May 2014, with 180 members aiming to provide an independent voice for the protection of small and medium sized businesses.

Zahir formed the group after clashing with authorities over the new tax regime – introduced by the MDP government. He was investigated the the Prosecutor General’s Office last year for tax evasion.

(PHOTO: PRESIDENT’S OFFICE)


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Nasheed requests reappointments to Hulhumalé court be stopped

Former President Mohamed Nasheed’s legal team have requested that the appointment of new judges to the vacant positions on the Hulhumalé Magistrate Court bench be halted.

The stay order was submitted at today’s High Court hearing in Nasheed’s case against the Judicial Services Commission (JSC) over the legality of the appointment process to the magistrates court.

Despite Nasheed’s representatives insisting that the court consider the request during the hearing, presiding judges asked that it be submitted in writing, saying that the court will deliberate on the issue in a timely manner.

Responding to the request, JSC lawyer Hussain Ibrahim said he was unable to respond as he was unaware that the process of appointing new judges to the Hulhumalé Magistrate Court bench was underway.

Nasheed’s lawyers attempted to add new points to the original case, but the judges again asked that the new point to be submitted in writing, in spite of further protests.

“This hearing will only take arguments from both sides regarding the procedural issue raised by JSC. We will only allow this trial to be conducted as scheduled”, stated Abbas Shareef, the presiding judge.

The case was first raised in 2012, and challenges the legality of the bench, which was assembled to try the opposition leader for the detention of Criminal Court Judge Abdulla Mohamed during his presidency.

JSC’s procedural issue

The JSC lawyer stated that he had no points to add to the arguments made prior to the case’s suspension in April 2013. These included claims that the Hulhumalé bench had been appointed on the orders of the Supreme Court, meaning that the High Court could not deliberate on the decision.

Ahmed Abdulla, member of Nasheed’s team, noted that the letter regarding the appointment of the bench was sent by the Supreme Court in the capacity of the Judicial Council, despite it having been written under a Supreme Court letterhead.

Therefore Nasheed’s lawyers contested that the decision cannot be interpreted as a Supreme Court ruling but must be regarded “an administrative decision by an administrative body”, which would enable the High Court to deliberate on its legality.

The Judicial Council was created under the 2010 Judicature Act to oversee administration of the courts, but its duties were soon absorbed by the Supreme Court in what has been described as a centralising of judicial power.

Hisaan Hussain and Abdulla Shairu also spoke on behalf of Nasheed today, while Hassan Latheef also represented the Maldivian Democratic Party (MDP) leader in court.

Conclusion

The hearing was concluded after a brief statement by Nasheed in which he requested that the High Court grant him the permission to travel freely during the period in between hearings.

Nasheed also expressed his hope that the court had not expedited his case because “we are moving towards the shade of the new penal code, which does not include the article under which I have been charged”.

The presiding judge ended the session with the announcement that a hearing will be held next week in which the court will deliver its verdict on the procedural issues raised by the JSC, explaining to Nasheed that he will be granted permission to leave Malé after making requests in writing.

The MDP yesterday described Nasheed’s trial as the government’s attempt to eliminate President Abdulla Yameen’s political opponents and to prevent them from contesting in the 2018 presidential elections.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.

(PHOTO: MINIVAN NEWS ARCHIVE)


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Nasheed trial part of drive to eliminate President’s opponents, says MDP

The Maldivian Democratic Party (MDP) has accused President Abdulla Yameen of manipulating the judiciary to remove opponents, as court proceedings related to former President Mohamed Nasheed’s trial resume tomorrow.

In a press conference held ahead of the High Court trial challenging the legality of the Hulhumalé Magistrates Court’s bench, MDP spokesman Imthiyaz Fahmy suggested that “a very unpopular government” was trying to “invalidate the candidacy of all of President Yameen’s competitors”.

The case will consider Nasheed’s appeal against the assembly of the court’s bench, appointed to try him for the detention of Criminal Court Judge Abdulla Mohamed in January 2012.

Fahmy today suggested that the government’s attitude towards the judge’s detention – which stoked anti-government protests before Nasheed’s controversial resignation on February 7 – was reflected in the recent appointment of a fellow defendant in the case as defence minister.

“If the government believes that the case against President Nasheed is serious; if the case has any substance, why would the government appoint Moosa Ali Jaleel as the defence minister?” asked Fahmy.

Formerly the chief of defence forces, Jaleel retired after 32-years of service following Nasheed’s resignation, later telling parliament’s government oversight committee that he believed the MDP leader had “resigned under duress”.

Court proceeding

Fahmy today also suggested that the Supreme Court’s recent decision to reduce the period allowed for legal appeal was an effort to hastily sentence Nasheed before the implementation of the new penal code in April.

The court’s decision reduces the time allowed to file appeals in the higher courts from 90 days (180 for cases from the atolls) to ten, prompting legal experts to accuse the court of infringing upon the constitutional right to an appeal.

“The new penal code does not have the article under which President Nasheed is being prosecuted nor does it have a specified punishment,” continued Fahmy.

If convicted under the old legal code, Nasheed could face imprisonment or banishment for three years – leaving him ineligible for the 2018 presidential race, under Article 109 (f) of the Constitution.

Nasheed’s MDP has recently formed an alliance with the Jumhooree Party (JP) in defence of what it regards as persistent breaches of the Constitution. The eligibility of the JP’s leader, Gasim Ibrahim, is also under threat after the ruling Progressive Party of Maldives proposed constitutional amendments that would deem him too old to contest the presidency for a third time in 2018.

During tomorrow’s hearing, Nasheed’s legal team and the Judicial Services Commission – which assembled the Hulhumalé Magistrate Court’s bench – will be given ten minutes each to summarise arguments and raise further points regarding procedural issues raised before the case was halted in April 2013.

The judicial watchdog has raised a procedural issue claiming that the High Court does not have the jurisdiction to oversee the case.

After the announcement of the trial, Nasheed’s legal team had requested a one and a half month delay in the trials as further time was required to “review and research the case after recent developments in the judicial system”.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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Maldives Trade Union joins opposition’s defence of Constitution

The Maldives Trade Union (MTU) has joined with opposition parties in defence of the Constitution, suggesting that persistent violations have “eroded crucial checks and balances and accountability mechanisms”.

“The government’s actions have undermined the Constitution, allegations of corruption are left un-investigated, the auditor general has been removed along with two Supreme Court judges,” said MTU President Fuad Zahir.

“All of this is ruining the business confidence and is eroding the guarantees for justice and order.”

The MTU was inaugurated in May 2014, with 180 members aiming to provide an independent voice for the protection of small and medium-sized businesses.

Zahir formed the group after clashing with authorities over the new tax regime – introduced by the Maldivian Democratic Party (MDP) government. He was investigated the the Prosecutor General’s Office last year for tax evasion.

The opposition MDP and the Jumhooree Party (JP) held a third round of discussions at Maafannu Kunooz last night, agreeing to officially sign a document concerning their joint efforts to defend the Constitution.

Speaking to press after the discussions, JP deputy leader Ibrahim Ameen said an official agreement would be signed by the two parties on Thursday (January 5) at a special ceremony, while a joint public rally will be held that night.

He also thanked MTU for its council’s decision to join the parties in the “cause of defending the constitution”, inviting all individuals, NGOs, and political parties “willing to sincerely work for the cause”.

Ameen also thanked the Adhaalath Party for “expressing willingness” to join the MDP and JP and expressed hope that the party would join the “all-party talks”.

“Adhaalath Party has always played a crucial role in all national issues that this country has faced”, Ameen said.

Adhaalath’s council this week announced it had decided against joining discussions, claiming “no such talks were found to be of use for the time being”.

The party, which has just one MP in the 85-seat Majlis has been considered an unofficial partner in the ruling Progressive Coalition, which now directly controls 49 seats in the house after MDP MP Yamin Rasheed defected to Progressive Party of Maldives (PPM).

Last night MDP Chairperson Ali Waheed stated that the activities that would be carried out under the new agreement which would be revealed to the public next week, while the agreement itself would be accessible to the public.

“This is the point at which Maldivian people should cross the border of fear and come out,” said the MDP chairperson, claiming that this government’s intention was to narrow civil liberties like the freedom of speech and expression.

He also condemned the arrest of the editor of the MDP’s ‘Moonlight’ newsletter editor, Lucas Jalyl, who was arrested by police near Kunooz yesterday.

Jalyl was released earlier today after having allegedly obstructed police officers from carrying out their duties.

Meanwhile, the Maldives Development Alliance MP Mohamed Ismail has released a statement calling on the JP and its leader MP Gasim Ibrahim to “save yourselves from President [Mohamed] Nasheed’s deceitful web of lies”.

The 2008 alliance between Nasheed’s MDP and the JP lasted less than one month, while the JP’s involvement in the ruling Progressive Coalition lasted around six months.


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