Author: Mohamed Naahee

Police decision to ostracise Raajje TV unconstitutional, rules civil court

The Civil Court has ruled that a decision by the Maldives Police Service to cease cooperating with opposition-aligned TV station Raajje TV was unconstitutional.

Police announced in July that they had stopped cooperating with the local broadcaster, alleging that the station was broadcasting false and slanderous content about the police which had undermined its credibility and public confidence. Raajje TV subsequently filed a suit in the civil court challenging the legality of the decision and requested the court to order police take back their decision.

Delivering the verdict, Civil Court Judge Mariyam Nihayath said the court was of the view that the police decision had been to completely suspend cooperation with the TV station, rather than just barring the channel from specific events and functions.

The judge added that the court believed such a decision was “extremely dangerous and significantly serious” and could result in “chaos and infringement of social harmony.”

Dismissing the police argument that it had the sole discretion to decide who to invite to press conferences and functions, the court stated that the action more resembled a deliberate attempt to limit the constitutional rights of freedom of expression, freedom of media and the right to information.

“Therefore, the court finds the decision by the Maldives Police Service to not to cooperate with Raajje TV a violation of the constitution of the Maldives and the Maldives Police Services Act, and orders the Maldives Police Service to provide protection for the employees and property of the station, and to not discriminate against the  TV station when providing information,” read the verdict.

Following the decision, police media official Superintendent Hassan Haneef told Minivan News that police would fully respect the court’s decision.

He further said that a police legal team would be reviewing the judgement and if the need arose, would appeal the decision in the High Court.

“We will come to a decision very soon. We will also be seeking advice from the attorney general and then seek a final decision on whether to appeal the case,” he said.

Meanwhile, Deputy CEO of Raajje TV Yamin Rasheed told the media that the judgement was a “huge achievement” for both the station and those working in the media.

“Raajje TV single-handedly stood up against the decision without support from any authority or organisation. We knew the police decision was wrong and that is why we filed the case. I believe this is a huge achievement for both Raajje TV and the media of the country,” he said.

Following the decision last year, police issued a statement claiming the channel had “deliberately and continuously broadcast false and baseless content with the intention to incite hatred [towards police].”

“Raajje TV’s broadcasting of false and baseless content about the police institution is seen to be carried out for the political benefit of certain parties and such actions neither fit with the norms of professional journalism or the principles followed by media outlets of other democratic countries,” read the statement.

The decision came just a day after Raajje TV broadcast CCTV footage of several police officers, whom the station alleged were “caught on video” while attempting to steal petrol from a motorbike parked in an alley in Male’.

Police later denied the allegations and condemned Raajje TV for spreading “false and untrue” information about them.

Superintendent of Police Abdulla Navaz in a press briefing at the time stated that the video footage was showing police carrying out their legal duty.

Raajje TV had twisted the details and information in their news report, Navaz alleged, claiming that police were confiscating a five litre container of petrol rather than stealing it.

Following the broadcast of the video, the Maldives Broadcasting Commission (MBC) sent a letter to the TV station accusing it of broadcasting the content without checking its authenticity and ordered it to apologise for its  actions.

However, speaking to Minivan News at the time, Yamin confirmed the incident took place and said the station would stand by its broadcast.

Raajje TV is one of the five private broadcasters in the country and is the only television station aligned with the opposition Maldivian Democratic Party (MDP). The TV station has come under substantial pressure and criticism from groups including the government and political parties aligned with it.  The station has also claimed to have faced outright sabotage.

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PPM membership tally overtakes DRP

Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) has overtaken the membership of the Dhivehi Rayyithunge Party (DRP), from which it split in 2011.

According to the latest political party membership statistics released on Tuesday by the Election Commission (EC), the PPM is now the second largest political party with 22,793 members, with 472 membership forms pending.

The DRP currently has a membership of 22,501 members.

The opposition Maldivian Democratic Party (MDP) of former President Mohamed Nasheed remains the largest political party by a substantial margin, with 46,321 members, with 1,234 membership applications are pending with the EC.

Business tycoon and presidential hopeful MP Gasim Ibrahim’s Jumhoree Party is the fourth largest political party in the country with 11,139 members.

Meanwhile, the religiously conservative Adhaalath Party’s membership stands at 5,877 members.

President Mohamed Waheed Hassan’s party Gaumee Ithihaadh Party (GIP)’s membership stands at just 3,217 members with 1,395 membership forms pending.

The Dhivehi Gaumee Party (DQP) membership has meanwhile fallen to 2099 members.

The recently established Maldives Development Alliance (MDA) led by tourism magnate Ahmed ‘Sun travel’ Shiyam has a membership of 3,441 with 161 new membership forms pending.

DRP concerns

Following the release of party membership statistics, the government-aligned DRP expressed alleging that the Elections Commission was being politically influenced by fellow government party, the PPM.

Speaking to local media after a meeting with the commission, DRP Spokesperson Ali Solih said it was “very clear” that the Elections Commission was working in favor of PPM while verifying membership forms.

Solih alleged the decision by the elections commission to cease the practice of fingerprinting for membership forms was to enable the PPM to rapidly increase its membership.  The decision was made by the Parliament’s Independent Institutions Oversight Committee last November.

“Even if a committee decides on it, the Elections Commission should not stop the practice immediately. They have to check the forms that were submitted with fingerprints. But what we saw was when people from a specific party come to the Elections Commission, they stopped checking for fingerprints. This is something done to please a certain political party,” he said.

He further alleged that the EC had updated the party membership statistics ahead of PPM’s presidential primary, and suggested that something was taking place behind the scenes. He also claimed the commission had been negligent in assessing the membership forms from his own party.

“When we submit 800 forms, they don’t update them. But we see membership of parties that have  not submitted any forms continuously updating. We have doubts over how the Elections Commission carries out the process,” he added.

Human error

Speaking to Minivan News, Vice President of Elections Commission Ahmed Fayaz dismissed the allegations of party bias.

“We can assure that that Elections Commission is not working in favor of a certain group of people or certain political party,” he said.

Regarding the decision to not include fingerprints in membership forms, Fayaz said it was made by the parliamentary select committee and was not based on the request of a specific political party.

“When we make a decision, there will always be people who are not content with it. I believe that is the case with the DRP. They are expressing their views and we respect that,” he said.

Fayaz acknowledged that the commission had received complaints from the DRP regarding discrepancies in its membership forms submitted, and said the matter was being addressed.

“I do not deny the fact that there could be mistakes. We are all human beings. We use our human senses to verify membership forms, so it is subject to human error. It is also important to note we are not processing a few hundred forms, but thousands of forms from different parties. So there could possibly be errors,” he said.

According to Fayaz, if the current Political Parties bill in parliament becomes law, it would solve a lot of issues that the commission is currently facing.  The bill was passed by parliament and sent for ratification, but was rejected by President Waheed claiming that it bill compromised the constitutional right of freedom of association, by requiring parties to have a minimum of 10,000 members.

The number of political parties in the country currently stands at 16. That is expected to increase in the days to come as yjr Elections Commission has granted permission for ex-servicemen and current Minister of State for Home Affairs Mohamed Fayaz to create a new political party, which the local media has identified as the ‘Maldives Industrial Alliance’.

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High Court ruling “clearly means I will not be allowed a fair trial”: former President Nasheed

The High Court has ruled in favour of the legitimacy of the Hulhumale’ Magistrate Court rejecting an appeal filed by former President Mohamed Nasheed.

Nasheed is being tried in the Hulhumale’ Magistrate Court for the controversial detention of Chief Judge of the Criminal Court Judge Abdulla Mohamed in January 2012.

The former president had contested the Hulhumale’-based court’s ruling on three procedural issues raised during an initial hearing of his case in October 2012.

Among these issues, Nasheed’s legal team argued that the Hulhumale-based magistrate court could not hold hearings on a nearby island – in this case the capital Male’.  Moreover, a summoning order issued to Nasheed by the court on September 26, 2012, was inconsistent with existing laws, his lawyers claimed.

Finally, Nasheed’s representatives claimed Hulhumale’ Magistrate Court was formed in contrast with the Judicature Act.

Issuing a verdict today, the three member judges panel overseeing the appeal ruled that there were no “legal grounds” to declare the Hulhumale’ Magistrate Court and its decisions illegitimate.

“Therefore, based on the points highlighted remains as such, the sitting judges unanimously agreed that the High Court had no legal grounds to declare the decisions made by Hulhumale’ Magistrate Court in its ruling no. 397/HMC/2012 on October 9, 2012 illegitimate,” read the verdict.

Responding to the first procedural point raised by Nasheed, the High Court stated that holding a hearing in a spacious venue in Male’ was essential to achieve the purpose of articles 42(c) and 42(d) of the constitution, demanding transparent and open court hearings.

The court also declared that holding such a hearing in Male’ did not compromise the rights of any party and that there existed no law barring a court from holding a hearing in a different venue.

The court also noted that the holding of trials in different venues was a practice carried out by other courts of law.

Regarding the legitimacy of the magistrate court, the High Court said it did not have the authority to overrule a decision by the higher court, despite an appeal by Nasheed’s legal team to the contrary.

The High Court claimed additionally that as per the constitution, the Supreme Court remains the highest authority in deciding legal matters – therefore its decisions are final and binding.

The Supreme Court has previously declared that the Hulhumale’ Magistrate Court is legitimate and can operate as a court of law, following a request by the Judicial Service Commission (JSC) that it clarify the court’s legality.

Highlighting the third procedural point, the High Court ruled that the Hulhumale’ Magistrate Court has the legal authority to issue a summons and that no barrier existed to issuing such orders.

The High Court also stated that principles followed by both itself and the Supreme Court did not limit the magistrate court from issuing such an order.

Immediately following the ruling, President Nasheed was served a summons to attend the Hulhumale’ Magistrate court on February 10.

MDP response to verdict

In a statement following the verdict, Nasheed said the decision “clearly means I will not be allowed a fair trial.”

Former MDP Chairperson MP Mariya Didi noted that the High Court concluded the case after only two successive hearings, adding that it seemed the Hulhumale’ Court “had prepared summons before the High Court judgement was even delivered.”

“Today was a travesty of justice and demonstrates how much President Nasheed’s case is a politically motivated trial,” she said.

Home Minister Dr Mohamed Jameel – formerly Justice Minister during President Maumoon Abdul Gayoom’s 30 year government – has meanwhile told local media that swift prosecution of Nasheed before the Presidential Election was necessary to protect the “political and social fabric of the Maldives”.

“Every single day that passes without a verdict will raise questions over the justice system of the Maldives in the minds of the people,” Jameel told newspaper Haveeru.

Background

The Prosecutor General (PG) pressed charges against the former President in the Hulhumale’ Magistrate Court on the grounds that holding the trial in Male’ at the Criminal Court represented a conflict of interest on behalf of Chief Judge Abdulla Mohamed, whom the case concerned.

The Judicial Services Commission (JSC) appointed the three-member panel of judges to oversee the trial of the former president. The Commission’s members include two of Nasheed’s direct political opponents, including Speaker of Parliament Abdulla Shahid – Deputy of the government-aligned Dhivehi Rayithunge Party (DRP) – and Gasim Ibrahim, a resort tycoon, media owner, MP and leader of the Jumhoree Party (JP), also a member of the governing coalition.

While maintaining the trial was a politically-motivated attempt to block Nasheed from contesting the election – scheduled now for September 7 – the former president’s legal team raised procedural points challenging the legitimacy of the Hulhumale’ Magistrate Court.

They argued that the court was created by the JSC in violation of the Judicature Act, and had no legal or constitutional authority.

The team raised the issue during the first hearing of the trial held on October 2012, along with other procedural inconsistencies, but all were rejected.

The former President’s legal team subsequently lodged an appeal in the High Court challenging the Hulhumale’ Magistrate Court’s ruling on the procedural points.

Despite its initial rejection of the points, the High Court later accepted the appeal. It therefore issued an injunction ordering the magistrate court to suspend Nasheed’s trial until a decision on the procedural points raised by Nasheed’s legal team was reached.

Nasheed’s legal team said it was prepared to appeal the case in the Supreme Court depending on the outcome.

Nasheed’s legal team were not responding to calls at time of press.

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Presidential prospect Gasim Ibrahim also backs drilling for oil

Leader of the government-aligned Jumhoree Party (JP), business tycoon MP Gasim Ibrahim, has vowed to find oil in the Maldives should he be elected president of the country later this year.

Gasim – who owns television station VTV and the Villa group of companies and resorts – has already announced that he would be contesting in 2013 presidential elections. The Presidential candidate is also a member of the Judicial Services Commission (JSC), responsible for appointing a three-member panel of judges to oversee the criminal trial of fellow presidential candidate, former President Mohamed Nasheed.

Gasim is currently campaigning under the slogan ‘Tharaggee Gaimu’ (‘Development Guaranteed’).

Oil exploration has emerged as a key policy for several candidates aligned with the current government, including Progressive Party of the Maldives (PPM) presidential prospect, Abdulla Yameen.

Gasim unsuccessfully contested in the 2008 presidential elections finishing the race in fourth place with 15.2 percent of the total vote. He finished behind candidates including then President Maumoon Abdul Gayoom, eventual winner former President Mohamed Nasheed and political advisor of President Dr Mohamed Waheed, Dr Hassan Saeed.

Gasim announced his plans to try and uncover oil during a press briefing held Sunday (February 3), after concluding a trip to France to buy a new aircraft for his company, Villa Air.

Speaking to the media, he claimed there was evidence to suggest oil could be located in Maldives and that technology was now sufficient to make drilling for fuel financially viable.

The chairman of Villa Group added that previous oil expeditions ended in failure because of “lack of technology” at the time and it would still be impossible if Maldivians tried to dig for oil “eighties style”.

“I was the first one who brought the idea to the government. I even spoke of this during the 2008 presidential elections,” Gasim said.

Blessing

Gasim, stressing the importance of seeking oil in the Maldives, said it was wrong to turn away from a blessing given by Allah.

He went on to dismiss claims made by former Deputy Leader and a PPM presidential prospect Umar Naseer, who has claimed that digging for oil could destroy the tourism sector and the country’s economy.

“It is very wrong to turn ourselves away from a blessing given by Allah. On the other hand, with current technological advancements, that oil can be extracted safely without causing any harm to tourism sector,” he said.

During a PPM Rally, Umar Naseer claimed that digging for oil is “too risky” and it would take one oil leak into the sea to ruin the Maldives.

Gasim further said that it was a “baseless and irrational” to suggest that drilling for oil could harm the tourism sector. He added that if the drilling process is carried out within proper standards and with international expertise, such risks are unlikely to take place.

“There will always be a way to get things done. When you know that you have to get the technology to do that. We don’t have to use the technology that was used 70-100 years ago to find oil in the world,” he said.

“The way I see it, it is something we should pursue. If I get to be the President, it would be the first thing my government would turn towards,” he added.

Tested and trusted

Speaking to Minivan News, Spokesperson for the Jumhoree Party Moosa Rameez said his party’s presidential candidate Gasim Ibrahim was a “tested and trusted” candidate and that he was “100 percent sure” Gasim would be successful in seeking oil.

“Gasim Ibrahim is very experienced in the field of business. He is very familiar with almost all kinds of industries in the world including the oil industry. He was the first one who pledged to find oil in the country in 2008,” Rameez said.

With the announcement, Gasim becomes the second presidential hopeful who has expressed desires to search for oil within the country.

Earlier, PPM Parliamentary Group Leader and contender in the party’s presidential primary Abdulla Yameen also announced that he would attempt to seek oil in the country if he gets elected.

During a rally held to kick off his presidential primary campaign, Yameen proclaimed that “when the PPM comes to power” it will conduct oil exploration, attract foreign investment and create 26,000 tourism jobs.

“It is very possible oil might be found in the Maldives,” Yameen said at the time.

Referring to Yameen’s pledge, JP’s Spokesperson said that when Gasim first announced that he would drill for oil, it was Yameen’s supporters who “mocked him” and made a joke out of it.

“Now when [Yameen] claims oil can be found in the country, it shows that Gasim was telling the truth from the very beginning,” he said.

Meanwhile, Tourism Minister Ahmed Adheeb – who is backing Yameen in the primaries – has told Minivan News that Maldives’ environmental image and commitments are no obstacles to developing of an oil industry.

Adheeb told Minivan News last month the Maldives was “a big nation, and places not in marine protected zones or tourism areas could be explored for oil, like in the less developed north.”

“Oil exploration is a term and [we] cannot conclude something with out the details. Regulations and more planning need to be done,” he said.

Previous oil exploration attempts in 1980 found the cost of retrieving the oil was too high compared to the US$20 (MVR 308) price per barrel at the time. However the present price of US$125 (MVR 1925) per barrel made further exploration feasible.

Yameen was not responding to calls at time of press.

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EC schedules presidential elections for September 7, but warns of funding shortfall

President of the Elections Commission (EC) Fuad Thaufeeq has said the commission will be unable to hold a presidential election this year without sufficient funding.

Speaking to Minivan News, Thaufeeq said holding the nationwide elections would cost between MVR 55-60 million (US$3.57-3.89 million). However, he expressed concern that the commission’s current budget would be insufficient.

“With the current budget given to the Elections Commission, I am afraid we may not be able to hold the elections. The commission has raised concerns with the Finance Minister, the President’s Office and Parliament’s Public Finance Committee,” he said.

According to the EC president, Finance Minister Abdulla Jihad told the commission to carry out its work with the current budget allocated, claiming that the government would “somehow find a way” to provide financial support to the commission.

However, the commission is yet to receive any additional funds, Thaufeeq added.

“The constitution is very clear. It is a constitutional duty to hold presidential elections every five years. I really do hope the authorities would somehow be able to support us in fulfilling this constitutional duty,” he said.

Thaufeeq confirmed reports circulating in local media that presidential elections would be held on September 7, and that preparations were under-way under finance provided from within the currently available budget. If required, a second round of elections will be held on September 28.

“ The decision to hold presidential elections in September was agreed by the members of the commission,” he said.

Asked if budget difficulties threatened the fairness of the election, Thaufeeq acknowledged a shortfall may “slightly have an impact”, but said the commission would do everything it could to ensure the elections were free and fair.

“We have set standards and procedures. We will go in accordance with those. But yes, the budget difficulties may slightly impact the elections. But we assure the public that we will do everything we can to ensure that elections are free and fair,” he said.

“Fully committed”, tweets President Waheed

Following his meeting with UK Parliamentary Under-Secretary of State Alistar Burt, President Mohamed Waheed Hassan announced his commitment towards a free and fair election on Twitter.

In his tweet he called upon the elections commission to “declare the election date as soon as possible”.

“I am fully committed to a free and fair election this year. Urge the Election Commission to declare the election date ASAP,” Waheed tweeted.

Asked about Thaufeeq’s concerns, Finance Minister Abdulla Jihad told Minivan News that the government was “working on it”.

“We will provide sufficient funds to hold elections. There is no question about it,” he said.

In April 2012, the US government pledged to provide  US$500,000 (Rf7.7 million) as assistance for an elections program intended to support Maldivian institutions in ensuring a free and fair presidential election.

Chargé d’Affaires of the US Embassy in Colombo, Valerie Fowler, said at the time that the funding would be made available from July 2012.

The US would lend any support, including technical assistance, to ensure the next presidential election in the Maldives is conducted “smoothly and observed the rule of law”, Fowler said.

“Through USAID we are in the process of starting an election program that will assist Maldivian institutions in ensuring a free and fair presidential election. We have allocated US$500,000 to start that process and anticipate that we can begin as soon as July 2012,” she noted at the time.

Asked about the US assistance program, Thaufeeq said that he had only heard of it through the media, and that no government authority had discussed it with the commission.

President’s Office Spokesperson Masood Imad was not responding to call at time of press.

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Opposition condemns “arbitrary arrest” of 15 protesters during anti-government demonstration

Police on Friday have arrested 15 Maldivian Democratic Party (MDP) activists at the party’s protest site ‘Usfasgandu’, during an anti-government demonstration.

Police said the demonstrators were arrested on charges of “breaking the police barricades” and “obstructing police duty”.

The police had previously cordoned off the party’s protest site  after the High Court ordered police to repossess the area until it delivered a verdict in an ownership dispute between Male’ City Council (MCC) and the Housing Ministry.

Over a thousand MDP demonstrators took to the streets of Male’ on Friday, calling for President Mohamed Waheed Hassan to immediately step down along with other government figures including Defense Minister Mohamed Nazim and Commissioner of Police Abdulla Riyaz.

The demonstration was led by senior figures of the party including former Chairperson MP Mariya Ahmed Didi and several ministers of the former government, who repeated the call for a caretaker-administration prior to scheduled presidential elections on September 9.

“The Maldives Police Service on strictest terms condemn the act of obstruction of police duty while this service was executing the order of High Court to cordon off the area,” read the police statement. Police said that out of the 15 arrested, two had been female protesters.

Speaking to Minivan News, police media official sub-Inspector Hassan Haneef said police had only arrested protesters who broke through police lines.

“We only arrested the people who broke the police line and entered the area. We did not target any political figures nor did we see which party the arrested individuals belonged to,” he said.

The arrested demonstrators were presented to court this afternoon, which extended the detention period of the protesters by five days.

Minivan News understands that among those currently in police custody include Male’ City Councilor Mohamed Falah and MDP Youth Wing President Aminath Shauna.

A protester who was present at the time disputed police allegations that demonstrators broke through police lines.

“We were just standing behind the barricades when they came in, we didn’t even move or run. We just stayed there, we didn’t even call them ‘baaghee’ (traitor) but we kept on telling them they should give a proper reason for arresting a person, they just can’t take people for no reason,” the protester told Minivan News.

Demonstrators kept questioning the police as to why they were making the arrests when none of them had crossed the police line.

“We kept on asking what the [the arrested protesters] had done. After taking in a few protesters, they came towards us and took Shauna. They came towards her and said she had to come with them whether she liked it or not. Two to three of us were holding her when they took her,” she added.

Meanwhile, the MDP in a statement called for immediate release of its members claiming the activists were arrested for their “illustrious work to defend freedom of assembly and freedom of expression” in the country.

“The MDP condemns in the strongest terms the police swoop into the rally as a politically motivated and premeditated illegal incursion to arrest a specific target list of highly dedicated party workers.

“Eyewitness reports have established that today’s foray also was characterised by high-handedness and needless force typical to the Police Special Operations squads in the clutches of a usurper police commissioner and usurper government,” read the statement.

The party also condemned “false reporting” of the incident by some local media outlets, who claimed that protesters “had breached police lines”, which the party alleged were “outright lies”.

Speaking to Minivan News, MDP Spokesperson MP Imthiyaz Fahmy suggested the arrests were a result of lack of a mechanism to hold the police officers accountable for arbitrary arrests.

“There is absolutely no way to hold the police accountable,” he said. “They know that everything will be settled once they take the protester to court. The Human Rights Commission of Maldives (HRCM) and the Police Integrity Commission (PIC)’s failure to hold the officers accountable means they can take full advantage of their impunity.”

Fahmy also dismissed claims made by police that those arrested had broken police lines.

“While I was there a group of police barged into the protest and randomly arrested a few people after looking at their faces. We did not break the police line. That is an outright lie,” he added.

If police can be held accountable for their actions, Fahmy said such arrests would not take place and freedom to carry out peaceful political activities would not be compromised.

After weeks of quiet in Male’, the MDP resumed their protests against the government on January 22,  led by former President Mohamed Nasheed.

Nasheed during the demonstration called on parliament to create an interim, caretaker administration “which can lead the country towards a genuinely free and fair presidential election in which all candidates are able to freely compete.”

MDP Spokesperson MP Hamid Abdul Ghafoor told Minivan News at the time that the party planned to hold more assemblies and protests in next coming months around Male’.

“The MDP have been off the streets some time, we have taken a break. Now we are back. We have too many options and ideas opening up and people need to know what’s going on,” Ghafoor said.

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High Court brings forward Nasheed’s appeal case

The High Court has brought forward former President Mohamed Nasheed’s appeal case, now scheduled for Sunday.

Nasheed is being tried in the Hulhumale’ Magistrate Court for the controversial detention of Chief Judge of Criminal Court Judge Abdulla Mohamed in January 2012.

The former President’s legal team lodged the appeal challenging the Hulhumale’ Magistrate Court’s ruling on three procedural issues raised during the court’s first hearing held October 9.

Speaking to Minivan News, MP Mariya Ahmed Didi confirmed the legal team had been informed of the decision to move the hearing.

“I understand from President Nasheed’s lawyers that they have received summons for February 3, as Nasheed had requested to depart the country the afternoon after the hearing. As far as I understand no particular reason was cited,” she said.

Didi however expressed concern over the High Court taking decisions on such short notice, stating that as Nasheed received legal council from abroad, such sudden changes in scheduling were inconvenient.

“These are Queens Counciler’s and their schedules are set in advance.  It is not possible to reschedule at such short notice. We have requested the High Court to bear with us on that,” she said.

Didi contended it was imperative that Nasheed be given “all opportunities to defend himself as a defendant in a criminal trial”. Nasheed “should not be an exception to that,” she said.

Spokesperson for the Department of Judicial Administration (DJA) Latheefa Gasim was not responding.

Meanwhile, Nasheed’s legal team has also sought an opportunity to highlight in court the Supreme Court’s ruling concerning the legitimacy of the Hulhumale’ Magistrate Court.

The Supreme Court has declared that Hulhumale’ Magistrate Court is legitimate and can operate as a court of law, following the Judicial Service Commission (JSC)’s request that it clarify the court’s legality.

MP Mariya said Nasheed’s legal team was of the opinion that the issue decided in the Supreme Court was different from the issue put before the High Court by the legal team.

“We hope the High Court will give our lawyers the opportunity to explain the distinction and consider all issues before they give a judgment on the matter,” she said.

Following the Prosecutor General (PG)’s decision to press charges against Nasheed in the Hulhumale’ Magistrate Court instead of Criminal Court, Nasheed’s legal team initially challenged the legitimacy of the Hulhumale’ court arguing that it was created in violation of the Judicature Act.

The team raised the issue during the first hearings of the trial, along with other procedural inconsistencies, but all were rejected. They later appealed the case in the High Court along with other procedural issues.

Despite its initial rejection of the procedural points, the High Court later accepted all points made by Nasheed’s legal team except that concerning the legitimacy of the Hulhumale’ Magistrate Court. It later issued an injunction ordering the magistrate court to suspend Nasheed’s trial until a decision on the procedural points raised by Nasheed’s legal team was reached.

Controversies

The case has been subject to controversy after Nasheed’s party  claimed the trial was a politically motivated attempt to bar Nasheed from contesting in the next presidential elections.

The UK Bar Human Rights Committee (BHRC) in a recent report concluded that the charges against Nasheed appeared to be a politically motivated attempt to bar the Maldivian Democratic Party (MDP) candidate from the 2013 presidential elections.

“BHRC is concerned that a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives,” the report stated.

The report observed that the detention of the judge was “not a simple case of abuse of power”.

“Rather, the underlying narrative of the situation is that of a president desperate to bring change to a new democracy after decades of oppression, and finding himself thwarted by the inability of the organs of state set up by the constitution to deliver much needed reform,” the report stated.

Referring to “the large number of international reports” that have found the Maldivian judiciary to be flawed, the BHRC noted that the Judicial Service Commission (JSC) “failed in its twin tasks of ensuring that the judiciary has the appropriate experience and qualifications, and in bringing to book the judges who fail to fully and fairly implement the rule of law”.

“Implicit in these criticisms is that Mr Nasheed cannot be guaranteed a fair trial,” the report concluded.

Arrest of the judge

Chief Judge of the Criminal Court Abdulla Mohamed was taken into military detention of January 16, 2012 at the request of then Home Minister Hassan Afeef on the grounds that the judge posed a threat to national security.

The judge had successfully blocked investigation of his misconduct by the judicial watchdog and quashed his own police summons.

Abdulla Mohamed had “taken the entire criminal justice system in his fist,” Afeef said, accusing him of obstructing high-profile corruption cases, releasing murder suspects, colluding with drug traffickers, and barring media from corruption trials.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef contended, and had arbitrarily suspended court officers.

The arrest triggered series of anti-governmental protests that eventually led to the sudden resignation of then President Nasheed on February 7, 2012.

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Laamu Atoll councilors dismiss JP’s claims they had joined the party

Two councilors from Laamu Atoll have expressed concern over business tycoon MP Gasim Ibrahim’s Jumhoree Party (JP) falsely announcing they had joined the party.

During a rally held last Friday on Gan in in Laamu Atoll, the JP announced that Laamu Atoll Councilor Mumthaz Fahmy, Laamu Atoll Kunahandhoo Island Councilor Lirgam Saeed and several others had joined the party during a membership drive.

However, both councilors denied the claims saying they never had any interest in joining the party.

Speaking to local media, Mumthaz Fahmy – who is also a member of Local Government Authority (LGA) – said although he welcomed Gasim’s contribution to the country, he had not decided to join the JP or support Gasim’s presidential campaign.

“When they announced that I was to join the party, I left the rally. I condemn the act of announcing my name,” he told local media outlet Sun Online.

When Fahmy did now show up on stage, JP Vice President Ameen Ibrahim told the media that due to travel difficulties, some of the “new members were unable to join the rally”.

“I took part in the rally following an invitation by Gasim Ibrahim. I never joined or planned to join the party,” Fahmy said.

Laamu Atoll Kunahandhoo Island Councilor Lirgam Saeed made similar comments.

“Even though I was in Gan, I did not even attend the rally. I have not decided to join the party. I was very disappointed when they announced my name without my consent,” Saeed said.

Ahmed Hussain, a key activist of Progressive Party of Maldives (PPM) in the region, also claimed that despite his name being announced, he had never intended to join the JP.

“I have always been behind President Gayoom. Since the formation of Dhivehi Rayyithunge Party (DRP) and later PPM, I have been like that. I condemn JP’s act of announcing my name,” he said.

Hussain also said that JP announced the names of several other people who had not joined the JP.

Hussain further said that he plans to sue JP for their “fraudulent announcement” of names from PPM members when they had no knowledge of such an announcement.

“They have to accept that they have committed a wrong and they should apologise. Due to this, people have questioned my sincerity, therefore I plan to consult with senior people of PPM and take the matter to court,” he added.

Meanwhile local newspaper Haveeru reported that former national football team member Shamweel Gasim’s name was included in the JP’s membership list without his knowledge.

“When I checked with elections commission I came to know I was listed as a member of JP. But I have never joined the party. I have never even thought of doing so,” Shamweel was quoted in Haveeru.

“I am really surprised. My name should not be in a party list unless I signed up to join,” he added.

However, Vice President of JP Ameen denied the allegations claiming that the party had announced names of people who had promised to join the party.

“We announced a list of people who gave their word to us. That included those who had already joined the party and those who were planning to join,” he told Haveeru.

“When the rally concluded, some people came and complained to us for not mentioning their names during the rally. A large number of people have joined the party and others agreed to join the party,” he said.

Responding to the allegations, JP Spokesperson Moosa Rameez said that they had not deceived anyone and the announcement of councilors’ names who had not joined the party was an “error made by the party secretariat” while compiling the list.

Rameez said the list was compiled from names of councilors and other people who had given word that they would join Jumhoree party.

“During our trip to Laamu Atoll, a minimum of 25 councilors joined our party. I think the problem came up with two names. It is an error made by the person who had compiled the list,” he explained.

According to Rameez, the party has already sent apologies to the councilors who had expressed their disappointment and he said the party was willing to apologise in the future as well.

“I don’t think we can bring anyone to our party by force. It was a genuine mistake. Anybody can make one. Even in universities, sometimes there are mistakes made in printing certificates. Such mistakes happen with GCE O’level certificates too,” he added.

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JSC discusses probing bribery allegations against two judges by former Adhaalath Party President

Members of the state’s judiciary watchdog the Judicial Service Commission (JSC) have discussed probing allegations of bribery levied against two sitting judges by former President of the Adhaalath Party, Sheikh Hussain Rasheed.

During an opposition Maldivian Democratic Party (MDP) rally held last Thursday, Sheikh Rasheed said that last year he had met a Maldivian businessman in Saudi Arabia who had alleged to him that two Maldivian judges had accepted a sum of MVR 12.3 million (US$ 797,148.41).

A JSC spokesperson told Minivan News that after the allegations were made public, members of the commission had discussed an investigation.

“The matter was discussed during the last JSC meeting,” the spokesperson said. Asked whether a decision was reached, he replied “there were many items on the agenda.”

Rasheed alleged the businessman had paid one judge a sum of US$700,000 while other was paid US$50,000 on two different occasions.

The businessman gave the money to prevent his rights being harmed by the other party in the case, whom he alleged had also bribed the judges, Rasheed said.

Rasheed was not available for a comment when contacted.

President of the Anti Corruption Commission (ACC) Hassan Luthfee said he had also heard of Rasheed’s allegations and would giving the matter a high priority.

“The ACC will for sure look into any cases of corruption, regardless of whom it involves. We too have heard of the allegations through the media. We will in the coming days look into this,” he said.

Luthfee said there were no legal barriers to the ACC’s investigation of judicial misconduct, and that the ACC had the jurisdiction to look into any corruption matter even if it involved judges.

“The case will officially be investigated by the ACC,” he said.

Former President’s Member on the JSC, Aishath Velezinee in her book The Failed Silent Coup: in Defeat They Reached for the Gun extensively highlighted the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

In her book, she recounted her experience as the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

That moment at the conclusion of the constitutional interim period marked the collapse of the new constitution and resulted in the appointment of a illegitimate judiciary, Velezinee contended, and set in motion a chain of events that ultimately led to President Mohamed Nasheed’s arrest of Chief Criminal Court Judge Abdulla Mohamed two years later.

Current Home Minister Dr Mohamed Jameel Ahmed – himself a former judge and Justice Minister – has admitted the quality of services delivered by the judiciary remains disappointingly gloomy while writing in an op-ed article in Haveeru.

“Our judiciary has some bright minds, but that does not exempt it from scrutiny; the judiciary in the Maldives, with the exception of few courts and judges, the judiciary as a whole has earned a deservedly bad reputation for its inconsistent judgments, lack of leadership, lack of competency and being out of touch with modern laws and views of the society,” he wrote.

In 2004, a report by judicial expert Professor Paul Robinson assessed the country’s criminal justice system, and found in his report that “serious efforts” were required to increase the quality of judges.

“Serious efforts must be made to provide substantial training to current judges in order to ensure that all have the background they need in both law and Shari’a. Perhaps more importantly, no judge should be hired who does not already have the needed training,” he wrote.

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