Author: Mohamed Naahee

Finance Committee proposes ceasing Aasandha scheme in private hospitals

Parliament’s Finance Committee has suggested ceasing the country’s universal health care scheme Aasandha in private hospitals, citing that the scheme would not be economically viable unless private hospitals were excluded.

The decision to do so will only be confirmed after parliament passes the committee’s report. If the parliament does pass the report, the Asandha service will only be  available in the government’s Indira Gandhi Memorial Hospital (IGMH) and other government health centers and health corporations around the country.

However, medical services that are not currently available in IGMH would still be available from private hospitals and clinics, but the new arrangements would require a doctor’s referral to use such services, according to the report.

The Finance Committee’s report, compiled last week, also suggests that in order to reform the scheme, all political positions including parliamentarians and those for which parliament sets the salaries be excluded from the scheme, and that Auditor General conduct a complete audit of the scheme to ensure the absence of any fraudulent transactions.

Earlier, the Health Ministry suggested to the Finance Committee that a co-payment mechanism be introduced to the scheme in order to mitigate the system’s spiraling costs.

However, members of the committee were keen not to impose any fee on the public, and insisted that the focus of efforts should be on reducing costs and introducing controls that will reduce demand over time.

The scheme came under fire after the new government of President Mohamed Waheed Hassan came to power in February 7, which claimed that the scheme’a current rate of expenditure threatened to reach Rf1 billion (US$64.8 million) on an approved budget of Rf720 million (US$46.6 million).

The government has anticipated its annual spending will be Rf2 billion (US$129.6 million) over budget this year, after the International Monetary Fund (IMF) warned that economic growth and stability in the Maldives were unlikely to be maintained “in the medium term” unless the government substantially cut its spending.

The President’s Office claimed two weeks ago that figures showing that 150,000 people had used the healthcare scheme a total of 250,000 times indicated that something must have gone wrong with the system.

Minivan News tried contacting Minister of State for Health and Family, Thoriq Ali Luthfee for his comments on the report, but did not respond at the time of press.

Health Minister Dr Ahmed Jamsheed was also not responding at time of press.

Opposition Maldivian Democratic Party (MDP) MPs, MP Mohamed Shifaaz, MP Ilyas Labeeb and MP Imthiyaz Fahmy criticised Finance Committee’s actions alleging that since the parties supporting the current government have a majority in the Finance Committee, the committee was trying to find excuses to stop the scheme.

The MPs stated that the party would take “all necessary measures” to prevent the government from manipulating the scheme.

Aasandha is a public-private partnership with Allied Insurance. Under the agreement, Allied will split the scheme’s shared 60-40 with the government. The actual insurance premium will be paid by the government, while claims, billing and public awareness will be handled by the private partner.

The service was initially intended to cover emergency treatment, including treatment overseas if not available locally, along with all inpatient and outpatient services, domestic emergency evacuation, medicine under prescription, and diagnostic and therapeutic services.

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Withdrawing US$1.2 million case against Meridian Services “a mistake”, says STO

A request to withdraw a US$1.2 million case against Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed’s Meridian Services Pvt Ltd was sent to the court “by mistake”, the State Trading Organisation (STO) has said.

Managing Director of STO Shahid Ali was quoted in local media as stating that the letter had been mistakenly sent, and they had intended to delay the hearings.

“We sent the letter to the court regarding the case, because there were decisions that had to be made by the board of directors, and since the company did not have the required legal number of board of directors on STO’s board, we had intended to ask the court to delay the hearings,” Shahid Ali told newspaper Haveeru.

“But in the phrasing of the letter sent to the court from the STO, we had mistakenly asked for the withdrawal of the case. That letter was sent to the court asking to withdraw another case,” he added.

In a press statement received by Minivan News today from the STO, the organisation stated that the letter sent to the court had “typing errors” and that due to these errors, the context of the letter had differed drastically from that of what the organisation had originally intended, which was to delay the hearings until the board members had  been appointed.

The statement also stated that the STO would resubmit the case again to Civil Court within a period of seven days, and the works were already underway in preparing the necessary documents that would be submitted to the court.

The case concerned an unpaid sum of money worth Rf 19,333,671.20 (US$1,253,804.88), regarding Meridian’s use of the STO’s credit facilities.

Civil Court Judge Abdulla Jameel Moosa on Sunday ruled that the case was dismissed, in response to a letter sent by the STO requesting the case be withdrawn.

Judge Moosa in his verdict stated that the court had received a letter from the STO requesting the court withdraw the case.

The letter sent to the Civil Court by STO stated that “there were decisions to be made by the STO’s board of directors, and that after the “change in government”, the board did not have a sufficient number of members left to meet quorum and hold a board meeting. Therefore, the board was unable to make the required decisions, the public company stated.

Initially, STO and Meridian Services made an oil trade agreement on 31 March 2010, which gave Meridian Services a credit facility worth 20 million rufiyaa (US$ 1,297,016.86) for purchasing oil from STO, and that payments had to be made within a period of 40 days.

However, in August 2010, STO lowered its credit limit from Rf20 million to Rf10 million (US$648,508.43) and shortened the payment period from 40 to 30 days.

Meridian Services sued the STO for breach of contract claiming that STO had brought in the changes to the credit facilities without giving the required notice of one month, in the event that the STO decided to change the credit facility with regard to a policy change.

However, Meridian Services lost the case after Civil Court Judge Abdulla Jameel Moosa ruled in favor of STO, stating that the STO had not breached the contractual terms agreed between the parties and that the documents the STO had submitted to the court was evident that it had brought the changes in proper compliance with the agreement.

Speaking to Minivan News at the time, former legal director of President’s Office and lawyer Hisaan Hussain questioned whether such a big case could be withdrawn without even a board resolution.

“We are not speaking of an ordinary company. This is a public company and its making such a decision without a board resolution is a huge concern. STO has public share holders; they have to be answerable to the share holders,” she told Minivan News at the time.

With Regard to the withdrawal of the case by STO, opposition Maldivian Democratic Party (MDP) Spokesperson, MP Imthiyaz Fahmy alleged that it another attempt in “cleansing” all the “corrupt politicians” who had been involved in bringing about “the coup on February 7”.

However, STO in its statement denied such allegations made against the organization and its staff, citing it as false and untrue.

STO is a major supplier of general goods and pharmaceuticals to the Maldives, as well as fuel. It also supplies aviation fuel to Ibrahim Nasir International Airport (INIA).

The organisation was initially formed in 1946 as a fully state-funded business, in the name of Athireemaafannu Trading Agency (ATA), with the task of purchasing and importing essential food items in bulk to be distributed nationally via local traders and their own retail outlets. It was later expanded and rebranded as the State Trading Organisation.

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Auditor General accuses elections commission of misappropriation of funds

The Auditor General (AG) has said the annual audit report of the Elections Commission (EC) for the year of 2010 suggests that the members of the elections commission had misappropriated funds.

During a meeting with Parliament’s Financial Committee this Wednesday, the AG said the audit reports had identified that the commission failed to produce necessary documents over how its expenditure had been spent.

This included the failure to produce spending details of a sum of money worth Rf 15 million (US$972,762) out of Rf 54 million (US$3,501,945), which had been deposited to regional accounts across the country to facilitate elections.

Local newspaper Sun Online reported the AG as stating that there were several discrepancies found in the audit report, including that the members of EC had stayed in the residences of family members during official trips and the purchase of several electronic devices such as iPads and digital cameras against advice from the office of the auditor general.

The newspaper also reported the AG stating that the Ipads that were bought for each member of the commission had been given out to the family members of the commission members and the money taken as phone allowance had also been transferred to some member’s family members.

AG also alleged that the EC had spent excessively and irresponsibly from the budget that was allocated to the commission. He alleged that a digital camera worth Rf 200,000 (US$ 12,970.17) was bought along with three coffee makers worth Rf 60,000 (US$ 3,891).

The AG was stated quoting that “the Elections Commission is not a photo studio to buy a digital camera worth up to 200,000 rufiya. This shows how irresponsible the commission has been in spending the money.”

Answering questions posed by the members of the Financial Committee, the AG stated that commission members chose to each buy iPads, and that 250 laptops were not used. He also stated that the buying of iPads on state funds was illegal and against the Public Finance act.

The AG however reiterated that even though the commission had failed in producing the details of how the sum of Rf 15 million was spent out of the Rf 54 million allocated to facilitate elections, it was not embezzlement but negligence in overseeing and monitoring expenditure.

The elections commission stated in the Finance Committee that it had the details of how Rf 39 million out of the Rf 54 million was spent, but did not have the details of the remaining Rf 15 million.

Elections Commission response

Speaking to Minivan News earlier, Elections Commissioner Fuad Thaufeeq denied the allegations in the audit report citing that the commission did not have to be responsible for expenditure prior to when the commission was formed.

“None of the members in the present commission have done anything against the financial regulations or the constitution,” he said.

“We are very much ready to prove we are innocent. The present committee doesn’t have to be responsible before November 24, 2009,” he also said at the time.

The Auditor General also concurred at the time  with Thaufeeq that the period in question did pre-date the current Election Commissioner’s tenure.

When contacted, Deputy President of Elections Commission Ahmed Fayaz told Minivan News that Thaufeeq would be the best person to give information. However he was not responding to calls at time of press

Along with his assertions that the expenses concerned pre-dated the current incarnation of the EC, Thaufeeq previously told Minivan News that he had the impression that there were efforts being undertaken to discredit members of the commission.

The ousted Maldivian Democratic Party (MDP) has called for early elections after the party’s Mohamed Nasheed resigned on February 7 in an alleged “coup d’état.” The Commonwealth and EU have supported the call for early elections.

However State Minister for Foreign Affairs Dunya Maumoon – daughter of former President Gayoom – recently told the BBC that the state’s independent institutions including the Elections Commission, Human Rights Commission (HRCM) and the judiciary were not strong enough for early elections to be held.

Unless the institutions are strengthened, elections cannot be held in the country in “the foreseeable future,” Dunya told the BBC.

The US government subsequently pledged US$500,000 (Rf7.7 million) for an elections programme to assist Maldivian institutions in ensuring a free and fair presidential election. The assistance will be made available from July 2012.

“We have already held three successful elections in the past: the country’s first multi-party election in 2008, parliamentary elections in 2009 and local council elections in 2011,” Thaufeeq has said.

“There were more than 1180 seats for the island councils, atoll councils and city councils. That was a very large and complicated election. It was very successful. So I don’t see how anyone can raise questions regarding the Election Commission’s capacity,” he added.

Recently-held by-elections for the seats of Thimarafushi and Kaashidhoo were decided in favour of MPs affiliated with the new government.

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MPs debate leaving Commonwealth

Members of parliament backing President Mohamed Waheed Hassan have called on the state to withdraw the country’s membership from the Commonwealth, during a debate on a resolution forwarded today.

The resolution that sparked the debate was forwarded by Maldivian Democratic Party (MDP) MP Ibrahim ‘Bonda’ Rasheed, “condemning” the current government’s failure to adhere to the calls of Commonwealth Ministerial Action Group (CMAG) concluding statement on the Maldives, notably the call for early presidential elections in 2012.

The CMAG statement also noted that it will consider “further and stronger measures” against the Maldives unless the composition of its Committee of National Inquiry (CNI) was revised in the next four weeks.

Withdrawing Commonwealth membership

Speaking in the debate, Dhivehi Qaumee Party MP Riyaz Rasheed called for the Maldives to withdraw membership from the Commonwealth “for now”.

“We don’t want to, but there is no reason to have international relations with a group like this, who don’t even know to ensure justice,” he said. “I propose to disassociate  ourselves from the Commonwealth for now,” The MP said.

MP Rasheed has been highly critical of the Commonwealth and also Queen Elizabeth, who is the ceremonial head of the Commonwealth.

During a diatribe on DhiTV in March, he argued that the British public had funded the Maldivian Democratic Party (MDP) in return for the establishment of churches in the Maldives, and also alleged that the UK hated the Maldives for gaining its independence.

Rasheed went onto criticise Queen Elizabeth stating, “After 50 years, the English Queen, she is physically challenged. But she is still the Queen, and if she wants she can remove the Prime Minister. Where is democracy? Where is democracy? That is not a democracy.”

Also speaking in the debate, MP Muththalib from the government-allied and religiously conservative Adhaalath Party, said that international organisations should ensure that their calls fitted with the constitution of the country and Islamic virtue.”

“CMAG should not be a weapon used to destroy the religion [Islam] of this country. The United Nations and all the other international organisations including the United States and India have accepted this government, “ he claimed.

“I do not believe CMAG has any right to demand our country hold early elections. Also, we should consider those [countries] that do things for us,” he added.

Muththalib said he would fully support the Maldives’ withdrawal from the Commonwealth if the government of President Waheed Hassan felt it was in the best interests of the county.

“If the current government feels that disaffiliating with CMAG or the Commonwealth is what is best for this country, I am in full support for this Majlis to pass such a motion,” he reiterated.

Deputy Parliamentary Group leader of former president Maumoon Abdul Gayyoom’s Progressive Party of the Maldives (PPM), Ilham Mohamed, stated that there were no stipulations in the Constitution calling for an early election, and that one could only be held after amending the constitution.

He argued that that the Maldives should “immediately” withdraw its membership with the Commonwealth.

“I am saying this very clearly. I call on President Mohamed Waheed Hassan, who is in charge of this state, to carry out what ever necessary measures that needs to be taken to disaffiliate from the Commonwealth. We are ready to part with Commonwealth,” MP Mohamed said.

MP Mohamed sent a warning to the current government stating that the the government decides to hold early elections, his party would withdraw its support to the government.

“Elections will be held on 2013. Or else we won’t be supporting the government. [No one] can hold an election before 2013. I am saying it very clearly. Be it Commonwealth or any other country that calls for it, no one can hold an early election,” he said.

MDP response

MDP MPs argued that the government should adhere to the calls of CMAG and that early elections should be held in 2012.

The opposition MPs also expressed concern that an inter-governmental organisation such as the Commonwealth had said that it would consider taking action against the Maldives.

Speaking in the debate, MDP MP Eva Abdulla, who was recently elected to the Inter Parliamentary Union (IPU)’s standing committee on Women Parliamentarians, stated that CMAG did not represent the foreign ministers of just nine countries but rather the entire 54 countries of the Commonwealth.

MP Abdulla also stated that when government officials said that the members of CMAG did not even know the “skin colour” of the Maldivians, such a statement was also directed at individuals such as the Foreign Minister of Bangladesh.

“When we make such statements we are not harassing the Ministers, but our own peaceful relations with neighboring countries,” she said.

She also reiterated that if the Commonwealth suspended the Maldives, it would have a great impact on the ordinary citizens of the country.

MDP MP Abdul Ghafoor Moosa, of the Kulhudhuffushi North constituency, said that the Maldivian people had come to a “fork in the road” over the issue of early elections. He also stressed on the importance of adhering to the calls of Commonwealth.

“We don’t have the capacity to stand up against international bodies such as the Commonwealth, ASEAN and the SAARC. If we stay ignorant [of the calls of Commonwealth] in our greed for power, the ordinary citizens of this country will suffer,” Ghafoor said.

MDP MP Mohamed Riyaz during the debate expressed concern that some parliamentarians were accusing the Commonwealth of trying to destroy the Islamic faith of the Maldives. He also expressed concerns about possible impending Commonwealth action against the Maldives.

Earlier, President Waheed’s spokesperson Abbas Adil Riza told Minivan News that although the government was not currently seeking to reassess its Commonwealth membership, it was concerned over the language in the CMAG statement.

“We condemn the language used and the foreign minister has conveyed this as well,” he said. “If this language continues, we will look to consider our position [in the Commonwealth],” said Riza at the time.

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STO withdraws US$1.2 million case against DQP MP Riyaz Rasheed’s Meridian Services

The government-owned State Trading Organisation (STO) yesterday withdrew a case worth more than a million US dollars lodged against Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed’s Meridian Services Private limited.

The case concerned an unpaid sum of money worth Rf 19,333,671.20 (US$1,253,804.88), regarding Meridian’s use of the STO’s credit facilities.

Civil Court Judge Abdulla Jameel Moosa ruled that the case was dismissed, in response to a letter sent by the STO requesting the case be withdrawn.

Judge Moosa in his verdict stated that the court had received a letter from the STO requesting the court withdraw the case.

The letter noted that there were decisions to be made by the STO’s board of directors, and that after the “change in government”, the board did not have a sufficient number of members left to meet quorum and hold a board meeting. Therefore, the board was unable to make the required decisions, the organisation stated.

The sum of money the STO sought from Meridian Services included a sum of Rf 18,949,473.20 (US$ 1,228,889.31) for the use of STO credit facilities in payment for fuel oil, and a sum of Rf 384,198 (US$ 24,915.56) as a fine for the failure to make the payments on the date agreed in the contract made between the companies.

Initially, STO and Meridian Services made an oil trade agreement on 31 March 2010, which gave Meridian Services a credit facility worth 20 million rufiyaa (US$ 1,297,016.86) for purchasing oil from STO, and that payments had to be made within a period of 40 days.

However, in August 2010, STO lowered its credit limit from Rf20 million to Rf10 million (US$648,508.43) and shortened the payment period from 40 to 30 days.

Meridian Services sued the STO for breach of contract claiming that STO had brought in the changes to the credit facilities without giving the required notice of one month, in the event that the STO decided to change the credit facility with regard to a policy change.

However, Meridian Services lost the case after Civil Court Judge Abdulla Jameel Moosa ruled in favor of STO, stating that the STO had not breached the contractual terms agreed between the parties and that the documents the STO had submitted to the court was evident that it had brought the changes in proper compliance with the agreement.

Speaking to Minivan News, former legal director of President’s Office and lawyer Hisaan Hussain questioned whether such a big case could be withdrawn without even a board resolution.

“We are not speaking of an ordinary company. This is a public company and its making such a decision without a board resolution is a huge concern,” she said.

“STO has public share holders; they have to be answerable to the share holders,” she said.

The STO is a major supplier of general goods and pharmaceuticals to the Maldives, as well as fuel. It also supplies aviation fuel to Ibrahim Nasir International Airport (INIA).

“Political Motive”

MP Riyaz Rasheed was a very vocal critic of Nasheed during his tenure as president. He at the time alleged that Nasheed’s government had attempted to ruin his business, and when the STO had initially reduced the credit facilities in August 2010, his business suffered significant losses and forced him to fire several employees.

Riyaz was not responding to calls at time of press.

With regard to the case, Maldivian Democratic Party (MDP) Spokesperson MP Imthiyaz Fahmy alleged that the decision to drop the case was politically motivated and that the STO’s making such a decision without a board resolution was part of an ongoing campaign to “cleanse” political figures affiliated to the current “coup regime”.

“They are now cleansing all the corrupt politicians who were involved in bringing about the coup on February 7. They started doing this from day one. At first it was MP Ahmed Nazim [Deputy Speaker of Parliament], then MP Ahmed ‘Redwave’ Saleem and now it is MP Riyaz,” Fahmy said.

In late February the Criminal Court dismissed four cases of fraud against Nazim – an MP of the People’s Alliance formerly headed by Gayoom’s half brother, Abdulla Yameen – stating that his “acts were not enough to criminalise him”.

All four cases against Nazim concerned public procurement tenders of the former Atolls Ministry secured through fraudulent documents and paper companies, and included setting up several paper companies to win a bid worth US$110,000 to provide 15,000 national flags for the atolls ministry in 2003, and a similar tender worth US$92,412 to provide 15,000 national flags in 2005. A third count – conspiracy to defraud the ministry in 2003 in a similar manner to win a public tender for procuring US$115,758 worth of mosque sound systems – was also dismissed.

On February 28 the Criminal Court ruled that MP ‘Red Wave’ Ahmed Saleem – a member of Gayoom’s Progressive Party of the Maldives (PPM) – was not guilty in a corruption case filed by the state, accusing him of paying Neyza Enterprises Private Limited 50 percent of the money given to the former atolls ministry to buy sound systems for mosques in the islands.

Nasheed’s Maldivian Democratic Party (MDP) has alleged that key parts of the judiciary were in the hands of the supporters of former President Gayoom, “and now we are seeing the truth of that claim,” said the party’s spokesperson Hamid Abdul Ghafoor, following Saleem’s case.

“Dr Waheed’s regime is using the courts to settle old scores, to reduce MDP’s parliamentary majority and to wipe the slate clean for government supporters,” he claimed.

Fahmy today alleged that the courts were now “turning down cases against these people, even when the cases have been submitted by an independent auditor general.

“This is clear infringement of free and fair justice system. Now Riyaz is released from owing millions of rufiyaa to a public company, with public shareholders,” Fahmy said.

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PG receives charges against Former President Nasheed in Chief Judge arrest

The Maldives Police Service has today sent the case of the arrest of Criminal Court Chief Judge Abdullah Mohamed to the Prosecutor General’s Office.

Minivan News understands that under the submitted case, Former President Mohamed Nasheed could stand to face charges for his alleged role in ordering the detention of the judge earlier this year.  Any final decision to press charges will then be down to the prosecutor general.

The country’s judges and their conduct became a major focus for former President Nasheed in the run up to him being replaced by Dr Waheed in February, leading to eventual calls for international assistance on the matter.

Nasheed had at the time raised concerns over allegations of perjury and “increasingly blatant collusion” between senior judicial figures and politicians loyal to the former autocratic President, Maumoon Abdul Gayoom.

Charges

However, it is the former president who now himself faces criminal charges relating to the detention  of the judge.

According to sources linked to the case, the charges levied against Nasheed relate to the violation of article 46 of the Constitution of the Republic of Maldives, and for violation of Article 12 clause (a) of Judges Act (Act no 13/2010).

Article 44 of the Maldives Constitution states: “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Article 12 clause (a) of the Judges Act states that a judge can be arrested without a court warrant, but only if he is found indulging in a criminal act. The same article also states that if a judge comes under  suspicion of committing a criminal act or being about to commit a criminal act, they can only be taken into custody with a court warrant obtained from a higher court than that of which the judge presently sits on.  This warrant has to be approved by the prosecutor general.

A police official today confirmed that the case regarding the judge’s attention had been submitted to the Prosecutor General’s Office today.

“Today at around 9:30 am, we have submitted the case [the arrest of Judge Abdulla] to the prosecutor general. We have completed all the necessary investigations required,” the police official said.

An official from the Prosecutor General’s Office also confirmed to Minivan News that the charges sent to it by police were against Nasheed.  However, the official refused to explain the exact nature of the charges, stating that the case was still being assessed by their legal team.

Spokesperson for Nasheed’s Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy said that he would not comment on the issue until after a party meeting scheduled to discuss the issue was held

Judge arrest

Judge Abdulla was arrested by the MNDF on January 16 this year, in compliance with a police request. The judge’s whereabouts were not revealed until January 18.  The MNDF had acknowledged receipt but not replied to Supreme Court orders to release the judge.

As Judge Abdulla continued to be held, Prosecutor General (PG) Ahmed Muizz later joined the High Court and Supreme Court in condemning the MNDF’s role in the arrest, requesting that the judge be released.

According to Muizz, police are required to go through the PG’s Office to obtain an arrest warrant from the High Court.

“They haven’t followed the procedures, and the authorities are in breach of law. They could be charged with contempt of the courts,” he said at the time.

However, following the controversial resignation of  former President Mohamed Nasheed on February 7, Judge Abdulla was released that evening after incumbent president Mohamed Waheed Hassan took over the presidency.

A second case involving Nasheed has also been sent to the prosecutor general by the police that involved the confiscation of bottles of alcohol allegedly found at his residence shortly after his presidency ended.

In a press conference, Deputy Head of the Drug Enforcement Department, Sub-Inspector Ismail Fareed, noted that all  people questioned regarding the case had fully cooperated.

However, Nasheed maintained that he had no part to play in the confiscated liquor bottles.

HRCM

Just last month, Nasheed became the first president to be summoned before the Human Rights Commission of the Maldives (HRCM) regarding his role in the arrest of Judge Abdulla.

Nasheed used his testimony to claim that he had been informed at the time by the Home Ministry that the judge allegedly posed a “national threat” – prompting his eventual detention.

The former president additionally claimed that the Home Ministry had communicated with the Defence Ministry on the situation, which in turn led to the decision to arrest the judge after watchdog bodies like the Judicial Service Commission (JSC) has raised alleged concerns over his ethical conduct.

“I was told Abdulla Mohamed would not comply with the police’s summons to investigate allegations [against him],” Nasheed later stated at a press conference following the meeting with the HRCM.

“The Home Minister wrote to the Defense Minister that Abdulla Mohamed’s presence in the courts was a threat to national security. And to take necessary steps. And that step, the isolation of Abdulla Mohamed, was what the [Defense] Ministry deemed necessary.”

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PPM submits amendment to make enforcement of death penalty mandatory

Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) has proposed an amendment to the Clemency Act (Act no 2/2010) which would make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

The amendment was submitted by PPM MP Ahmed Mahloof, the third MP to submit an amendment to put the death penalty into practice.

Mahloof’s amendment would require the President to enforce any death penalty if the Supreme Court issues the verdict of death, or if the Supreme Court supports the ruling of the death penalty made by either the Criminal court or the High Court. The move would halt the current practice of the President commuting such sentences to life imprisonment.

Mahloof, in a press conference held in his party head quarters on Monday, stated that he had proposed the amendment in an effort to stop crimes of murder and violence.

He claimed people were of the view that if death penalty or capital punishment is enforced it would bring down crime, and that he had decided to propose the amendment in consultation with several people including fellow parliamentarians.

“I believe nobody would want to die. So if the death penalty is enforced, a person who is to commit a murder would clearly know that if he carries out the act, his punishment would be his life. I believe this will deter him from committing such acts,” Mahloof said.

However, Mahloof admitted that enforcement of capital punishment would not be the sole solution to the problem. He reiterated that in order to achieve a solution, the new penal code and the criminal evidence bill had to be passed.

He also stated that he has been working on drafting a separate bill which is intended to prevent ongoing violence, murder and other criminal activities.

Mahloof has proposed to amend the article 21 of the Clemency Act.

The article 21 of the existing Clemency Act states: “Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President has the authority to relieve the sentence into a life imprisonment, after consideration of either the state of the guilty, the legal principles behind the issue, consensus of the state or the values of humanity. But once such a sentence is being relieved to a life imprisonment, the guilty shall not be eligible for pardon, under any clause of this act.”

Mahloof’s amendment to the same article reads: “Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President shall enforce the sentence.”

In Islamic Sharia, death penalty is the punishment of a murderer (one who kills deliberately) and that he is to be killed in retaliation (Qisaas) unless the victim’s next of kin let him off or agree to accept the ‘Diyah’ (blood money).

Previously, Maldivian Democratic Party (MDP) MP Ahmed Rasheed and later MP Ibrahim Muthalib submitted similar amendments to the clemency act but both subsequently withdrew these.

MP Rasheed at the time said that he felt he had to present the amendment because of the increase in assaults and murder cases, which had “forced the living to live amid fear and threats.”

After the preliminary debate was concluded and he was given the opportunity to say the last word on the amendment, MP Rasheed withdrew the changes he had originally submitted to parliament citing that he withdrew the amendment because other necessary bills related to curbing criminal activities, such as the Penal Code and Criminal Justice Procedure Bill, had yet to be passed.

In April 2011, MP Ibrahim Muthalib became the second MP who had proposed amendments to Clemency act requiring the state to enforce death sentence.

MP Muthalib at the time told Minivan News that the purpose of the amendment was to uphold Islamic Shariah in the Maldives.

“[The amendment aims] to avoid human beings from changing the verdict determined by Islamic Shariah,” said Muthalib. “It’s the same bill as presented last time. [Referring to MP Rasheed’s amendment]”

On November 2010, Criminal court sentenced Mohamed Nabeel to death for the murder of Abdulla Faruhad, after reviewing the statements of witnesses and finding him guilty of the crime, making it first such sentence to be issued in a case related to gang murder.

The Judge issuing the sentence stated that article 88 clause (d) of the Penal Code of the Maldives stated that murders should be dealt accordingly to the Islamic Shariah and that persons found guilty of murder “shall be executed” if no inheritor of the victim denies the murderer to be executed, according to Islamic Shari’ah.

Previous death sentences issued in the Maldives have included (in 2005) those found to be involved in the death in custody of Evan Naseem, and the perpetrators of 1988 coup.

However none of these sentences were implemented and the guilty were given sentences of life imprisonment.

“An attempt to conceal the real truth”

Aishath Velezinee, formerly the President’s appointee to the Judicial Services Commission (JSC), said the amendment was another attempt by the MPs to avoid “the real issue” and to “deceive the public”.

“The real issue for thriving crime is corruption. The constitution has recognised this and required the judiciary be checked and cleansed.  The JSC breached the constitution, and those MPs are proposing this to cover up the JSC,” Velezinee said.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she added.

Velezinee also stated that she had earlier sent a letter to the Parliament highlighting the incapacities of the judiciary and the question of public trust upon the the courts and the JSC, when the amendment had earlier been proposed by MDP MP Ahmed Rasheed.

Velezinee claimed that Mahloof’s amendment was an attempt to hide what her letter had highlighted about the Criminal Court and the Judiciary as a whole.

Speaking to Minivan News, MDP MP and spokesperson, Imtiyaz Fahmy stated that the amendment was a “childish act” from MP Mahloof and that it could be a popularity stunt, especially at a time when a very “complete” and “relevant” Penal Code is about to be passed by the Parliament.

The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republican President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

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“No Islamic fundamentalism in the Maldives”: Foreign Minister

The Indian government’s biggest concern is the internal stability of the Maldives,  Foreign Minister Abdul Samad Abdulla said today.

In a press briefing to brief media about his official visit to neighboring India, and his recent meeting with Sri Lanka’s Minister of External Affairs, Dr Samad, said the Indian government was eager to know how the Maldives had been progressing after the transfer of power that took place on February 7.

“The officials of the Indian government were concerned with the country’s internal stability after the events that unfolded on February 7,” he said.

Samad also said that India was concerned about whether the events that unfolded on February 7 involved Islamic fundamentalists, but he said he assured them that Islamic fundamentalism had no part to play in the events.

He expressed disappointment over statements made by officials of Nasheed’s government that the Maldives had a growing issue with Islamic radicalism and fundamentalism.

Samad further went onto dismiss such claims and said that religious fundamentalism did not exist in the country, and said he had assured Indian authorities that neither the transfer of power nor the vandalism of Buddhist relics in the National Museum on February 7 had involved any religious sentiment.

Speaking to Minivan News at the time, a museum official said that a group of five to six men stormed into the building twice, and “deliberately targeted the Buddhist relics and ruins of monasteries exhibited in the pre-Islamic collection”, destroying most items “beyond repair”.

A journalist asked Samad about the 2007 bombing of Sultan Park and the government’s subsequent clash with radical Islamists on the island of Himandhoo – footage of which later appeared in an Al Qaeda training video – to which the foreign minister replied “That was in the past.”

Dr Samad stated that he had met all key officials of Indian foreign affairs including the Minister of External Affairs, S M Krishna, and Indian Foreign Secretary Ranjan Mathai. Samad said he briefed them about the events of February 7, the works of the Commission of National Inquiry (CNI), and the all party talks.

Samad also acknowledged support from Indian High Commissioner to the Maldives, Dnyaneshwar Mulay.

“I especially thank Indian High Commissioner Mulay for briefing them about what happened in Maldives. Mulay, who was there during my meetings with Indian officials, observed the events very closely and even former President Nasheed was talking to him,” Samad said.

Samad also stressed that the Indian government was a “reliable and loyal” neighbor which had always been there for the Maldives, regardless of which government was in power.

He said that the main purpose of the trip was to get assurance of Indian support for the current government, which he claimed had been “very positive”.

India was initially concerned of the safety of Indian investments in the country, Samad said – Indian infrastructure giant GMR is currently redeveloping Ibrahim Nasir International Airport (INIA), the single largest foreign investment in the Maldives. Samad  said he had assured Indian officials that the current government of the Maldives will give the “utmost priority” in protecting Indian investments.

“Several Indian companies have huge investments in the Maldives. They have been involved in housing projects and as well as the privatisation agreement of INIA with GMR. The Indian government was concerned about these investments and we assured them that it remains safe,” Samad added.

Last week, Finance Minister Abdulla Jihad declared that the Maldives Airport Company Limited (MACL) would be unable to pay the disputed airport development tax (ADC) without risking bankruptcy – a US$25 fee that was to be charged to outgoing passengers, as stipulated in the contract signed with in GMR in 2010. The government was to pay the fee from airport revenues after its collection was blocked by the Civil Court.

Samad also said that the safety of the Indian ocean was a priority for India.

“We are at the center of a very internationally strategic area and the Indian Ocean is a huge shipping lane as well.  The recent hijacking of a foreign vessel by Somalia pirates is a concern as well. India is highly concerned about the security of the Indian Ocean.”

Samad said he had discussed strengthening bilateral relations with India and had discussed in finding solutions the difficulty in obtaining visas for Maldivians travelling to India.

He also claimed that India would soon provide the Maldives government with land in Delhi to build a Maldivian Embassy, in the heart of diplomatic area.

Sri Lanka

Regarding the meeting held with the Minister of External Affairs of Sri Lanka, Professor GL Peiris, Samad said that he had briefed the Sri Lankan minister regarding the events of February 7.

He also said that the ministers had discussed resolving visa issues and complications faced by Maldivians travelling to Sri Lanka, particularly students, to which he said the Sri Lankan minister had been very positive.

Regarding the transfer of power in February 7, Samad claimed that the government had not changed on February 7 and that “technically” it was the same government and that only the president had changed.

“If you look at our constitution, we have a presidential system. This is not a parliamentary system to say that the government belonged to the Maldivian Democratic Party (MDP). People voted both Nasheed and Waheed in the elections. Nasheed did not win the election on his own. Nasheed and Waheed got less than 25 percent of the votes in the first round [of the presidential elections 2008]. He won the presidency with the support of Gasim Ibrahim and Dr Hassan Saeed,” Samad contended.

“So if you say its Nasheed’s government that means its Gasim’s government as well, it’s even Umar Naseer’s government,” he claimed.

The MDP has contended that nearly all political appointments have been replaced with supporters of former President Maumoon Abdul Gayoom, who was voted out in 2008.

He also revealed that former government had not built any ‘special’ diplomatic relations with Israel.

“I don’t think what some people speak on political podiums is the real foreign policy. From the documents that I have, Naseem [referring to former Minister of Foreign affairs, Ahmed Naseem] did not build any special diplomatic relations with Israel like he has been saying,” Samad claimed.

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MDP National Council votes to investigate manipulation of party’s constitution

The Maldivian Democratic Party (MDP)’s Gaumee Majilis (National Council) has passed a resolution to investigate an alleged ‘manipulation’ of its constitution on Tuesday.

In the National Council meeting held on Tuesday, the report of the committee formed within the party to investigate the matter was presented to the meeting by the chair of the committee Mohamed Waheed, who was also the former Minister of State for Health and Family during Nasheed’s administration.

Presenting his report to the council, Waheed stated that the committee found that the constitution had been manipulated as it differed from the original version of the party constitution that had been passed in the Party’s last congress, held on October 2010.

According to Waheed, there were two significant changes brought to the party constitution, both to the advantage of the two senior positions of the party – President and Vice President.

The amendments allegedly included in the constitution involved article 40 concerning about the party (shadow) cabinet. The second involved article 78, concerning the highest authority of the party when in opposition.

Waheed said that the committee had found that two articles were not included in the original version of the party constitution.

The article 40 of the allegedly manipulated constitution states: “The policies set by the Congress shall be executed by the Party Cabinet. The Party Cabinet shall be appointed by the Party President.”

The article 78 of the same document reads: “The President of the Party is the highest position of the party. He shall also be the highest authority in politically representing the party and carrying out the political activities of the party. However, he shall execute his duties within and in accordance with the principles of the party, which includes that his actions be in a democratic and transparent matter. He shall not execute his authorities in contrary to the party principles. The term of the Party President is five years.”

Speaking to Minivan News on Tuesday, Waheed briefly outlined what he described as a scandal.

“I remember very clearly that the version originally passed in the congress did not include a party cabinet, and did not include the phrase that the party president was the highest authority when the party was in opposition,” Waheed said.

“During the congress the powers of the Party President and Vice President were delegated to the Chairperson and the Parliamentary Group leader. But the amendment to remove the post of party president and vice president did not pass, therefore the two positions remained as ceremonial positions since their powers had been delegated.

“But the party constitution has been manipulated and now includes stipulations that were not originally included in the party constitution. For instance, see the powers that are included for the party president in the version available on the party website. It contradicts with the powers of the chairperson,” he said.

Vice President of the Party and MP Alhan Fahmy was the only member in the council who spoke against the report, citing that the findings  presented by the committee were untrue and that no changes had been brought to the party constitution.

He also stressed that the matters involving the party constitution and that the party congress was  the only body vested with the power to bring any changes to it.

Speaking in support of the report, the re-elected Parliamentary Group Leader and MP Ibrahim Mohamed Solih, said  the valid party constitution the party has to follow should be the one that was passed in the last congress of the party.

He also claimed that the findings in the report were true and that  article 40 and 78 had not been included in the original constitution of the party when it was passed.

There were also calls from some members of the council, including MP Mohamed Shifaz,  for an extraordinary congress, however debate did not materialise in the meeting.

With regard to the submission of the report, two resolutions were passed.

The first resolution was presented by the former Legal Director of the President’s Office Hisaan Hussain, which was passed by majority of 36 votes.

The resolution stated that the MDP shall view the party constitution that was passed during the last Congress as its official constitution and that this be submitted to the Elections Commission as the official constitution of the Maldivian Democratic Party.

The second resolution was presented by the former Minister of Human Resources, Youth and Sports, Hassan Latheef, which passed with a majority of 39 votes.

The resolution stated that the matter of ‘manipulation’ of the party constitution be looked into by the relevant organs of the party, and action taken by the party against those who were found guilty.

Another resolution was forwarded by Waheed, proposing to delay the previously agreed Presidential Primary of the Party in preparation for the ‘potential’ early elections that may take place in 2012.

The resolution also proposed that the election of the vacant positions of Party Chairperson and Deputy Chairperson (Administrative) be held on 16 June 2012.

However, Waheed withdrew the resolution after newly elected MDP Deputy Parliamentary Group (PG) leader MP Ali Waheed suggested that the matter be decided after former president Nasheed concluded his trip to the United States.

MDP also yesterday held its Parliamentary Group elections for this year, electing the current PG Leader MP Ibrahim Mohamed Solih for another term while MP Mohamed Aslam and MP Ali Waheed were elected as Deputy Leaders.

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