Author: Hassan Mohamed

PPM by-election campaign underway

The ruling coalition’s campaign for the upcoming parliamentary by-election for the Dhiggaru constituency is underway while the opposition alliance is yet to decide on fielding a single candidate.

A primary of the Progressive Party of Maldives (PPM) among four candidates seeking the ruling party’s ticket is due to take place on Friday. Former president Maumoon Abdul Gayoom’s eldest son, Ahmed Faris Maumoon, is among the contenders.

The by-election, triggered by the 25-year jail sentence handed down to former ruling party MP Ahmed Nazim, is scheduled to take place on June 6.

All candidates must inform the Elections Commission of their intent to contest the by-elections by the end of April.

The by-election is expected to be hotly contested amid heightened political tension following the jailing of former president Mohamed Nasheed and ex-defence minister Mohamed Nazim as well as the alleged unfair targeting of Jumhooree Party Leader Gasim Ibrahim’s business interests.

Faris is meanwhile in Dhiggaru on a campaign trip at present.

Other contenders in the PPM primary include Meemu atoll council president Moosa Naseer, deputy environment minister Mohamed Hanim and Dhiggaru island council president Imran Ismail.

The ‘Maldivians against brutality’ alliance, made up of the main opposition Maldivian Democratic Party (MDP), Adhaalath Party (AP) and senior members of the Jumhooree Party (JP), announced last week that discussions were underway on fielding a single candidate.

AP spokesperson Ali Zahir has since announced his intention of contesting in the by-election.

Meanwhile, former MDP chairperson MP Moosa Manik has criticised his old party for not holding a primary to select a candidate.

MDP Vice President Mohamed Shifaz told Minivan News today that the party has not yet decided whether to field a candidate.

But the MDP “will definitely hold primaries” if it chooses to contest the by-election.

“As a party we have to consider many factors including the independence of the independent institution and so on. The MDP has not yet decided to compete for the seat but if we do a candidate would be selected through primaries,” he said.

MP Moosa Manik, who was expelled from the MDP last year after repeatedly voting against the party’s whip-line, said the party must hold a primary if it is to respect its rules and founding principles.

“In the local council elections I decided not to hold primaries but the decision was opposed by a lot of members. So in the end we had to hold primaries,” he said.

“So if the MDP is not competing, not holding primaries in order to make way for the Adhaalath Party, it would be going against the party’s own norms as well as democratic values. Even though I have been removed from the party’s registry I have sacrificed a lot for MDP. I can’t let MDP drift away from democracy.”

In last year’s parliamentary polls, Nazim was elected with 60 percent of the vote from the Dhiggaru constituency after competing against an MDP candidate. The PPM also won a majority of the Meemu atoll council, which has four PPM members, one MDP member and one independent member.

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Supreme Court barred judges from penal code trainings

The Supreme Court barred judges and magistrates from attending trainings on the new penal code, Minivan News has learned.

The penal code was ratified a year ago and was set to come into force this month, but the ruling Progressive Party of the Maldives has delayed its enactment by three months.

According to judges and lawyers, the Supreme Court denied permission for judges and magistrates to attend trainings conducted by the attorney general’s office and UNDP at a special legal sector resource center, which was set up last year to train law enforcement agencies, judges, lawyers and journalists on the new penal code.

“The penal code is a large, extensive document with criminal proceedings that is new to the Maldives. I wanted to attend but the Supreme Court wouldn’t give us permission,” a judge who wanted to remain anonymous said.

The existing penal code was adopted in 1968 and has been criticised as draconian, outdated and not in line with the democratic constitution of 2008.

Former Deputy Prosecutor General Hussain Shameem, who has trained 1099 individuals on the new penal code, said the legal resource center had invited all judges and magistrates, but “none of them attended the trainings.”

Shameem says the legal resource center could train all of the 186 judges and magistrates in the country within two weeks.

Lawyers have meanwhile expressed concern over judges’ capability in implementing the new penal code without the required trainings.

“The penal code has a whole new section on sentencing. It is completely different from procedures used before,” said Hassan Shiyam Mohamed, who advised a parliament committee that had drafted the new penal code.

“It is imperative that judges be trained on its application. We don’t want to see a situation where everyone else is more fluent in it than the judges. I really don’t understand the Supreme Court’s decision.”

The Department of Judicial Administration, which functions under the Supreme Court, says it is now planning a separate training for judges next month, but an official from the DJA said the apex court has not yet approved the trainings.

“There will be a seminar on the penal code for selected magistrates next month. The seminar will be headed by the Commonwealth,” he said.

The Supreme Court was unavailable for comment at the time of going to press.

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President Yameen remains defiant as calls grow for Nasheed’s release

President Abdulla Yameen has said he has no role in releasing jailed opposition leader Mohamed Nasheed, despite growing calls for negotiations over the imprisonment of political rivals.

“I cannot do anything. A verdict has been issued. I would like to encourage former president Nasheed and his party officials to seek an appeal. There are two more appeal stages, the matter should be resolved through the courts,” President Yameen said at a rare press conference on Thursday.

Nasheed was convicted of terrorism last month and sentenced to 13 years in jail in a trial widely criticized by foreign governments for its apparent lack of due process.

The former president has refused to seek an appeal stating he has no faith in the judiciary.

Thousands of opposition supporters have signed an ongoing petition requesting the president Yameen to release Nasheed, and are continuing daily protests in the capital.

International NGOs, businessmen and environmental activists have called for sanctions on the Maldives, while some 15 religious scholars last week pleaded with the president to heed the calls for dialogue.

The opposition Maldivians Against Brutality coalition has meanwhile called for a mass protest on May Day in the hopes of forcing president Yameen to initiate talks.

The coalition has also called for the release of ex defence minister Mohamed Nazim, who was jailed last month for 11 years on smuggling illegal weapons. The coalition accuses the government of breaching the constitution and unfairly targeting the businesses of rival politicians.

But reiterating the claim he has no power over the judiciary, Yameen said Nasheed will be released immediately if the courts overturn his sentence.

“The President’s Office did not rule on this case,” he said, noting Nasheed was first charged over the judge’s arrest in 2012 before he assumed power.

Yameen maintained that the opposition was unable to prove allegations of constitutional breaches or brutality.

“These politicians cannot point out how this government has been brutal. [They say] it’s by punishing offenders through the courts. If that is brutality, then this government is indeed enforcing their sentences,” he said.

Yameen said Nazim must also appeal his sentence. The ex defence minister’s lawyers filed an appeal at the High Court last week.

The opposition’s campaign is aimed at obstructing the government’s agenda, he alleged, but said he believed the campaign was proving to be unsuccessful.

The opposition coalition is made up of the main opposition Maldivian Democratic Party (MDP), former ruling party ally Adhaalath Party, members of Nazim’s family, and members of Jumhooree Party (JP).

JP leader and tourism tycoon Gasim Ibrahim has ceased his vociferous criticism of president Yameen after his Villa Group was slapped with a US$90million fine.

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Judicial watchdog criticised over 12-member trip to Thinadhoo

A former member of the judicial watchdog has called a 12-member trip to the south for training purposes “unnecessary and for personal interests.”

The Judicial Services Commission (JSC) team, which includes six commission members and a criminal court, Judge Abdulla Didi, left to Gaaf Dhaal Thinadhoo on Wednesday for a training session for magistrates and to investigate several cases, a JSC official said.

The total number of people in the delegation is nine, the JSC has said. But the Thinadhoo council confirmed that a total of 12 people with the JSC delegation met with the council yesterday.

A former JSC member, Shuaib Abdul Rahman, said the commission’s decision to leave Malé with a 12-member delegation despite hundreds of pending cases was “unacceptable.”

“A substantive number of people are saying the criminal court has handed out unfair verdicts [against ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim],” he said.

“The commission has the power to investigate issues on their own initiative. So ignoring what is important and leaving with a 12 member team to an atoll is unacceptable.”

The criminal court has been criticised for lack of due process in the sentencing of Nasheed to 13 years in jail and Nazim to 11 years in jail on terrorism and illegal weapons charges, respectively.

In 2014, the JSC conducted four trips to the atolls to present appointment letters to magistrates. Members also went on two international trips to Zambia and China.

Shuaib said only one or two members were sent to the atolls for investigation during his term at the JSC.

“It is totally unnecessary to put together a team that large. This probably includes personal interests,” he said.

JSC’s media officer Hassan Zaheen dismissed the criticism and said: “The commission is conducting training programs to magistrates about some criminal proceedings.”

He also defended Judge Didi’s presence on the training trip, saying “Judge Didi was a former member and a Criminal Court Judge. I see him to be fit for the purpose and there are no legal barriers.”

Didi was the presiding judge in Nasheed’s trial, and sat on the three-member panel in Nazim’s trial.

The judicial watchdog, formed in 2008, has 111 cases pending, a majority of which relates to the integrity of judges. Complaints over criminal court Judge Abdulla Mohamed’s misconduct and an alleged sex scandal of Supreme Court Justice Ali Hameed are still pending.

Hameed was recently appointed as the president of the JSC.

The main opposition Maldivian Democratic Party has accused the JSC of failing to fulfil its mandate of ensuring ethical conduct among judges.

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Religious scholars warn of God’s wrath over corruption and injustice

A group of religious scholars have warned of God’s wrath on the Maldives due to rampant corruption, brutality, and injustice.

Prominent scholars including former Islamic minister Dr Abdul Majeed Abdul Bari and former member of the judicial watchdog Sheikh Shuaib Abdul Rahman described the Maldives as a country “drowning in a sea of atrocities” and pleaded with president Abdulla Yameen to heed the opposition’s calls for dialogue.

“The Maldives is on the verge of an imminent God’s wrath. The executive and the judiciary have lost its powers and trust while the nation has forgotten that God has handed down justice,” read the joint statement by 15 scholars.

President’s office spokesperson Ibrahim Muaz Ali welcomed the statement, but said there were no specific allegations to respond to.

“Everybody including the religious scholars has the right to voice their opinions and I welcome it. But if they are accusing the government of something there has to be specifics,” he told Minivan News today.

Religious scholars have not spoken out as a group against corruption in the judiciary and independent institutions so far despite low public confidence and a sex scandal in mid-2013 involving a Supreme Court justice.

The religious conservative Adhaalath Party (AP) has meanwhile come under fire for its use of religious rhetoric for political campaigning.

The opposition-aligned scholars in Tuesday’s statement also criticised the trials of former president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

The accused are required to prove their innocence in some cases while in others defendants are cleared of charges because the state fails to establish guilt with sufficient evidence, they noted.

“This is not accepted even in human laws let alone the Islamic sharia,” the scholars said.

While the executive power boasts of its focus on youth development, the scholars said the government is paving the “path to ruin” for young people. Institutions that should serve the people are “rotting with corruption”, they contended.

Corruption in all ranks of the government has become commonplace, accepted, and even necessary for advancement, the scholars said.

The ministry of Islamic affairs last month issued an incendiary sermon warning corrupt judges of hellfire.

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Government to stop flow of Maldivians joining jihad

The government is working on a new law to deter a growing number of Maldivians seeking to join radical Islamic movements in Iraq and Syria.

Home minister Umar Naseer told Haveeru the attorney general’s office had drafted legislation that would criminalize the act of leaving the Maldives to participate in foreign wars.

However, the attorney general’s office said only “discussions had been held on drafting a law.” Naseer was unavailable for comment as he is currently in Qatar for a UN congress on crime prevention and criminal justice.

The police chief in January said there are over 50 Maldivians fighting in foreign wars, but the main opposition Maldivian Democratic Party estimates the number to be as high as 200.

At least seven have reportedly died while fighting in Syria in the past year.

Another seven Maldivians were arrested in Srilanka and Malaysia on the suspicion of attempting to travel to Syria for jihad, but were released in Malé as the law does not recognise the act as an offence.

Prosecutor general Muhthaz Muhsin welcomed the move, but said Maldivians going abroad to fight in foreign wars could be prosecuted in provisions in the new penal code.

The penal code was due to come into force on Monday, but the ruling party delayed it by three months claiming more time was needed to raise awareness on its provisions.

“I believe putting a stop Maldivians going abroad to fight is very important. The new penal code would be helpful in these kinds of cases,” Muhsin told Minivan News.

The new penal code criminalizes participation in a criminal organization and contributing money to such an organization.

A counter-terrorism expert, who wished to remain anonymous, welcomed the government’s plans, but cautioned: “As we have seen so many times, legislation alone does not always solve the problem. The government also needs to put together a cross-governmental plan of action to tackle the wider issue incorporating the aspect of prevention.”

The law must criminalize financing and membership of terrorist organizations, and recruiting members and training in such organizations, they said.

The Police Commissioner Hussain Waheed earlier this year said that the police are tracking individuals associated with foreign militant groups.

“We know who the foreign militants are. We are monitoring their activities. My hope is, I believe we will be able to monitor them to the extent they are not able to [present a threat] in the Maldives.”

Maldivians who have reportedly left the country for Syria include immigration officers, hospital workers, members of Malé’s criminal gangs, and entire families including infants.

Suspects in the murder of an MP and the disappearance of Minivan News journalist are also reported to have left for jihad.

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Defence minister acquitted of terrorism

The criminal court has acquitted defence minister Moosa Ali Jaleel of terrorism charges related to the detention of a judge, an incident over which former president Mohamed Nasheed has been jailed for 13 years.

The court said there was insufficient evidence to prove Jaleel’s involvement.

Jaleel, who headed the army during the 2012 military detention of criminal court chief judge Abdulla Mohamed, maintains he had no role or influence in the arrest. He said the post of chief of defence forces had been reduced to a ceremonial position.

Five senior state officials were charged with terrorism and tried separately over the judge’s arrest.

The criminal court on March 13 sentenced Nasheed to 13 years in jail in a trial widely condemned for a lack of due process.

Verdicts in the trials of ex-defence minister Tholhath Ibrahim Kaleyfaanu, ex-colonel Mohamed Ziyad and MP Ibrahim Mohamed Didi, who was the Malé area military commander at the time, are still pending.

Judge Abdulla’s arrest sparked 22 nights of violent anti-government protests, culminating in a police and army mutiny on February 7, 2012. Nasheed resigned on the same day, but later said it was under duress.

Jaleel also resigned as chief of the defence forces then, but in 2014 joined the ruling Progressive Party of Maldives and took on the role of Maldives Ambassador to Pakistan. He was appointed as defence minister in January.

Verdicts in Tholhath, Jaleel and Ziyad’s trials were initially scheduled to be delivered at the same time, but were repeatedly cancelled, and the criminal court finally delivered a verdict only in Jaleel’s trial last night.

Opposition MP Didi’s case did not progress beyond a few hearings as he had to be flown abroad for medical treatment half-way through the trial. He has not yet returned.

The criminal court last night said despite Nasheed’s conviction, there was no evidence to suggest Jaleel’s involvement in the arrest.

During past hearings, Jaleel said he had taken part in meetings between the heads of the police and military at which they discussed challenges posed to law enforcement and domestic security by the criminal court’s alleged release of dangerous criminals and refusal to grant search and arrest warrants to police.

However, Jaleel said that the issue of arresting the chief judge of the criminal court was not raised during any of the meetings.

He also admitted to attending a meeting to discuss the issue with the Supreme Court.

President Abdulla Yameen appointed Jaleel to the cabinet on January 20 shortly after sacking former defence minister Colonel (Retired) Mohamed Nazim, who was recently sentenced to 11 years in jail over weapons smuggling.

On March 8, Jaleel led a motorcycle rally by the PPM calling for a speedy judgment in Nasheed’s case.

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Power subsidy deadline extended amid public anger

The government today extended a deadline for households to seek subsidies for electricity by a month as hundreds queued up for hours to submit forms.

Shops in Haa Dhaal Vaikaradhoo shut down today to join growing protests against the government’s decision to cut subsidies for businesses, and Gaaf Dhaal Gahdhoo council said it will now seek rent on lands leased to the state owned electricity company.

The government says the current blanket electricity subsidy benefits the affluent over the needy, and targeting subsidies will rein in expenditure and increase aid to the poor.

But many who queued up to submit forms today were unsure whether they would receive the subsidy as the government has not yet revealed the criteria for a successful application.

“I really don’t know if I will get subsidies. But I’m applying in the hope the government will be fair about it,” applicant Abdul Latheef said.

In an interview with Haveeru last week, the chief executive of the National Social Protection Agency, Mujthaba Jaleel, said that “everyone who applies for subsidy will get it.” But yesterday he said that “the criteria have not yet been set”.

Mujthaba was unavailable for comment today.

People in queues today complained of the extensive documentation required for the application, which includes rent contracts, wage details, and the number of household appliances that use power.

“This application form is a hazard. We have to get a lot of unnecessary documents. It would have been better if they set up an online system instead of making us wait in queues for hours, only to later reject my application,” Mohamed Yoosuf said as he waited in a queue.

The new deadline for form submission has been moved from April 9 to May 9, Ahmed Nihan, an MP for the ruling Progressive Party of the Maldives, said in a tweet.

However, the government has stood by its decision to cut subsidies for businesses, despite critics claiming the move would destroy small and medium-sized enterprises on rural islands. Some businesses say their bills have doubled or tripled.

After closing shops earlier this week, businesses in Haa Dhaal Kulhdhuffushi, Gaafu Dhaal Thinadhoo, and Addu City have set up committees to negotiate with the government.

Gahdhoo in Gaaf Dhaal asked state electricity company Fenaka to pay the council MVR 506,840 (US $39,585) for plots of land rented to the company.

“Fenaka has never cooperated with us. Once we got lights to put in the harbour area but Fenaka refused to give power. Then this issue has come up with subsidies. So we have also severed ties with them,” councilor Mohamed Shujau said.

Businesses in Vaikaradhoo are also preparing a petition after a one day shop shut down, while those on southern Fuvahmulah have already submitted a petition demanding a fair price for electricity.

Shop owners have also taken issue with the higher electricity prices in the atolls as compared to Malé City.

Electricity prices are up to 72 percent higher in northern Haa Alif , Haa Dhaal, and Shaviyani Atolls and up to 37 percent higher in Addu City and Fuvahmulaku than in Male’ City, according to figures from Fenaka.

 

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Politicians line up to replace jailed MP

Would-be candidates are already setting out their stalls for the parliamentary by-election in Meemu atoll Dhiggaru after the seat’s previous incumbent was jailed for 25 years yesterday.

Ruling party MP Ahmed Nazim, a former deputy speaker of parliament, was found guilty on Monday of defrauding the state of MVR 1.4 million (US $91,400) and sentenced to 25 years.

Members of both the ruling Progressive Party of the Maldives (PPM) and the opposition have expressed an interest in replacing him in the Majlis (parliament).

Among these are Maldivian Democratic Party (MDP) member and Meemu atoll Muli island councillor Ibrahim Zaki, ruling party member and Meemu atoll councilor Moosa Naseer, and Adhaalath Party spokesperson Ali Zahir.

“I have decided to run for Dhihgaru constituency and I will apply as soon as the elections commission gives notice,” said Ali Zahir.

Elections must be held to fill parliamentary vacancies within 60 days under the constitution.

Meanwhile, the MDP has condemned Nazim’s conviction, saying several aspects of the process violated his rights.

“The lower court and the High Court threw out the case. So the state had appealed to the Supreme Court to overturn the ruling. But instead the Supreme Court ruled on the case,” said MDP MP and spokesperson Imthiyaz Fahmy.

“So literally Nazim did not have a chance to defend himself,” Imthiyaz added.

He noted that former defence minister Mohamed Nazim, accused of plotting to assassinate President Abdulla Yameen, and ex-president Mohamed Nasheed, accused of terrorism over the arrest of a judge, received shorter sentences than Ahmed Nazim.

“[They] were charged with more serious crimes. So I don’t see the fairness in this conviction,” he said.

“It seems that the courts had all ruled in favor of Nazim when he was in favor with the government. But after his spat with [Tourism Minister Ahmed] Adeeb, the courts had turned against him,” Imthiyaz said.

Nazim, an ex-deputy speaker of parliament, was found guilty of defrauding the state by submitting bids on behalf of non-existent companies to supply 15,000 national flags to the now-defunct atolls ministry.

He faces three more outstanding corruption charges.

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