Author: Mariyath Mohamed

Government must reward those who helped win presidency: Yameen

President Abdulla Yameen has refuted allegations that his administration was creating a high number of political posts, but said the government must provide incentives for those who helped him win the presidency.

“We are not creating useless political positions just to appoint persons to them,” Yameen told the press at a Wednesday event in which former President Dr Mohamed Waheed and senior members of his party joined his ruling Progressive Party of Maldives (PPM).

Yameen said members of the ruling coalition were only raised to political positions after the resignation or dismissal of those who currently filled the posts.

“What I want to tell all politicians and citizens regarding this matter is that in reality, it is the work of a united group that made it possible for us to get this presidential term for ourselves. And so even citizens will accept that this government must provide incentives for those who took part in that work and put in responsible work. That cannot be called partiality towards them,” Yameen said.

He went on to say that political positions must be filled with individuals who share the ideology of the government, and who will work to reach the same goals, adding that this must be inclusive of government coalition members.

Yameen pointed out that the coalition would not be complaining about failure to receive jobs if his government was increasing the number of existing positions.

However, he pledged to assign all promised positions under the coalition agreement to all the involved political parties.

He called on those who are currently filling political positions who are not part of the government coalition to leave their jobs and “make space” for those within it.

The current administration has 112 known political positions within the government; 15 cabinet ministers, 3 other ministerial rank positions, 33 appointees at the level of state minister, 50 appointees at the level of deputy minister and 11 high commissioners and ambassadors, as per the President’s Office website.

These 112 positions do not account for presidential appointees to the boards of state enterprises and other institutions.

Government coalition

Besides ruling party PPM, the government coalition consists of Maldives Development Alliance (MDA), Jumhooree Party (JP), Dhivehi Qaumee Party (DQP), Adhaalath Party (AP) and Gaumee Ihthihaadh Party (GIP).

With GIP leader former President Waheed and many of its senior members joining PPM on Wednesday, the party council has announced their decision to dissolve the party.

“I have not set any conditions in joining this party, and am doing so as I believe it will be most beneficial for the country at this time. I have neither asked for any political appointment nor have I asked for any share of the government,” Waheed said, speaking to media at Wednesday’s event.

Earlier in December, rumours arose that Adhaalath Party had left the government coalition, after the party announced it will be contesting in the upcoming local council and parliamentary elections separate from the coalition. The party later refuted the claims on December 8, asserting that although they will contest separately, the party fully supports the government. The party, along with a number of state and deputy minister posts, holds two cabinet seats.

On November 26, JP Leader Gasim Ibrahim said in a party rally that the government had thus far failed to allocate the promised state positions to the party, adding that he believed this could be due to the government being “hectically engaged in other government matters”.

“Our President Abdulla Yameen is an experienced man. Maumoon [Abdul Gayyoom, former President and Leader of PPM], too, is a person who has far more political experience than seen otherwise in the history of the Maldives. They will certainly not act in a way which will deprive us of benefits,” he said then.

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Former President Waheed dissolves GIP, joins PPM

Former President Mohamed Waheed has decided to join the ruling Progressive Party of Maldives (PPM) after his Gaumee Ihthihaad Party (GIP – National Unity Party) was dissolved by the party’s council.

Waheed signed for the PPM at a special event attended by President Abdulla Yameen held today.

Other members of the GIP’s leadership also signed for the PPM alongside Waheed.

This includes his political advisor Ahmed Thaufeeq, State Minister of Education Abdulla Nazeer, former President’s Office Spokesperson Masood Imad, Maldivian High Commissioner in Sri Lanka Hussain Shihab, former Immigration Controllers Dr Mohamed Ali and Ilyas Hussain Ibrahim, Adnaan Ali and Jaufar Easa Adam.

Waheed said his decision to join PPM is in the best interest of the nation at the current time. He praised PPM for winning “a very competitive and difficult election”, saying it is the PPM that is most capable of overcoming obstacles and facing up to challenges.

GIP Council member Thaufeeq informed local media that the council members had unanimously made the decision to dissolve the party as they did not believe it wise to continue running the party in the present political and economic circumstances.

“We agreed that the current political and economic situation makes it difficult for small parties to function here. We believe that dissolving the party would be beneficial to the nation and citizens as the state spends large amounts from its budget on funding small political parties,” Thaufeeq said.

Waheed himself led the meeting attended by all ten council members of the party.

Thaufeeq confirmed that the party would complete sending in all formal documentation needed to dissolve the party to the Elections Commission by Thursday.

According to the Elections Commission (EC) website, the GIP – which was officially registered on September 4, 2008 – currently has 5864 signed members.

The EC has sent a letter to all parties comprising less than 10,000 members notifying them that they will be dissolved within three months after the ratification of the Political Party Act in September.

In March, when the draft of the political party bill was being discussed, several smaller parties began membership drives to reach the limit of 10,000 members, including the GIP, business tycoon MP Gasim Ibrahim’s Jumhooree Party and the religious conservative Adhaalath Party.

Waheed’s GIP was accused of trying to induce people to join throughillegitimate means, in a bid to shore up the party’s membership base. The inducements included offering “music equipment and a place to play for free” as well as “hosting shows and parties” for young people.

Apart from luxurious parties and entertainment, the GIP also allegedly promised highly paid government jobs and promotions in return for joining the party.

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Government seeks developer to build, manage multi-speciality hospital in Hulhumale’

The government has announced a plan to open an international standard multi-speciality hosipital in Hulhumale’, and asked for submission of proposals to develop and manage it for a minimum period of 35 years.

The Hulhumale’ multi-speciality hospital will be the first of its kind in the country, offering specialist treatment for a variety of ailments. The government intends to run it as a public private partnership project, where the developer must design and finance the project themselves.

President Abdulla Yameen Abdul Gayoom’s administration has held separate weekly press conferences on its economic, education and social policies. The government has announced a raft of ambitious plans, including the building of a bridge between Malé  and Hulhumalé and developing regional airports.

The hospital will have 337 beds, and will be of a standard which can cater to both local and foreign patients, Economic Minister Mohamed Saeed said in a press conference held today.

Minister of Gender and Health Mariyam Shakeela provided details; 309 of these beds will be reserved for in-patients, with the remaining 28 beds being used in the Intensive Care Unit. She stated that it is a key objective of the government to ensure that citizens are able to obtain quality healthcare at inexpensive rates.

She further stated that one reason a multi-speciality hospital is located in Hulhumale’ is to avoid probable over-crowding in capital Male’ City’s state-owned hospital IGMH upon introduction of new and better services. She said that this would lead to a decrease in the number of citizens seeking medical services abroad.

While the government has not yet decided on a particular site to build the hospital, Shakeela said that all efforts will be put in to attempt to find a location agreeable to both the state and the party developing the hospital.

Meanwhile, the Maldives National Defense Forces (MNDF) has said it will upgrade the military hospital Senahiya and open it up for the public.

Plans for a similar hospital in Hulhumale’ were first discussed in 2004 during former President Maumoon Abdul Gayyoom’s administration.

In 2009, then President Mohamed Nasheed’s administration also held discussions on the matter in the National Planning Council.

The previous government headed by former President Mohamed Waheed also announced for proposals twice in 2012, with just one applicant the first time, and none during the second. The government will provide them with a plot of land as state equity.

Economic Minister Saeed expressed confidence that although previous governments could not find interested companies to develop the hospital, he believed that “the current government will successfully achieve this as investor trust is rapidly increasing in recent days”.

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Inmates to work on Thilafushi road construction

Fifty inmates are to start work on a road construction project on industrial Thilafushi Island on Saturday as part of a re-integration program, the Ministry of Home Affairs has said.

Speaking at a Monday night event on President Abdulla Yameen Abdul Gayoom’s policies on youth development, Home Minister Umar Naseer said 70 percent of Maldivian prisoners fit into the youth demographic.

“There is no country in the world where detainees are not made to work. This administration’s aim is to make detainees in our jails work in various government projects. To bring them out of their current situation,” the Home Minister said.

When criminals remain in detention without work, society is deprived of major youth contribution, and forces the government to employ foreign laborers, Naseer said. Further, the state spends a high amount on prisoner care, while families of prisoners are driven to financially difficult situations, he said.

While the labour program is voluntary, detainees will be selected based on their disciplinary records while in prison and suitability for the work. They will be paid a stipend; half of which will be taken for development of the detention centers, and detainees will be given the choice to either save the remaining earnings or to send it to their families.

Naseer predicted that by the end of 2014, 400 out of 730 detainees will be working on some project, thereby preparing them for reintegration into society.

In order to prepare detainees for such work, vocational training programs will be introduced in Maafushi Island prison in the near future, he also said. The program will desensitize them to work environments, and hone a number of skills.

“Through these trainings we will be able to create electricians, air conditioning unit repairmen, and many other skilled workers. Our hope is that someday, society will benefit from services by those currently in our prisons,” he said.

DPRS to oversee detainee workers

According to the Home Ministry, the Department of Penitentiary and Rehabilitation Services (DPRS) are to oversee the program.

State Minister for Home Affairs Hussain Manik Dhon Manik said DPRS guards will keep watch over inmates and emphasized that special focus would be given to ensure that detainees do not have any opportunity to smuggle in illegal drugs or other contraband into the prisons.

“We will not be negligent in any aspect of guarding detainees. We will not allow any illegal acts to be carried out even in their work environments,” he asserted.

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“Poor financial record keeping” poses challenges to audit state enterprises: AG

The Auditor General Niyaz Ibrahim has expressed concern over poor record keeping at State Owned Enterprises (SOEs), and said the public is entitled to know how much the state makes from an enterprise it owns or if the enterprise is making a profit or loss.

Speaking to Minivan News today, Niyaz said the independent audit office faces severe challenges in auditing SOEs, especially those in which the state is a minority share holder.

In some cases, even when a company is liquidated, there are no financial statements or audits, he said.

“As you know, there are over 80 companies in which the government owns shares, including minority share holding enterprises. While we don’t have adequate legal authority to appoint external auditors to the companies in which the state is a minority share-holder, the Audit Act allows us to do so with majority State-owned enterprises,” Niyaz explained.

It was the norm of the board of directors to appoint an external auditor, inhibiting the auditor’s work as they are bound to follow instructions from and report to the company’s board. However. starting in 2011 the Auditor General’s Office (AGO) has begun appointing external auditors to SOEs, thereby giving auditors more protection and independence.

The AGO will have auditors at all SOE’s except for Island Aviation for the 2013 accounts, Niyaz said.

Annual audits

The Company Act mandates audits be conducted annually, however there is no way to see how many SOEs are faring as they do not even produce financial statements, Niyaz said.

“Many of the companies which have been formed recently are in this very poor state of financial record keeping,” he continued. Even while some of these companies are now to be liquidated, there is no record of financial statements, nor has there been any audits. This is state resources we are speaking of. The people have a right to know what is being done with this money. Usually, public listed companies get more attention as they sell shares to people. How we see it, though, is that every citizen has ownership of state enterprises, and thereby public interest is much higher in such companies,” he said.

SOE’s must be far more transparent and accountable than listed companies, Niyaz stressed

The AGO has now commenced work on preparing a report documenting the status of all SOEs, he added.

“The public is entitled to get the basic information as to how much the state makes from an enterprise it owns, whether the enterprise is making profit or loss, whether it is accountable and transparent.”

Unexplained share-holding

Niyaz said there were many unexplained cases where the state owned minority shares, especially in the tourism industry.

“There is room to suspect that the legal provision within tourism laws of special provisions in the assignment of islands for tourism sector if the state owns some shares of the company or island is being abused,” Niyaz alleged.

Challenges in auditing state enterprises

Niyaz said that the Auditor General’s office has a practice of submitting a detailed work plan of all programs planned for the upcoming year with their budget proposal, and that the special audit of state-owned enterprises has not been included in the submitted proposal.

He said that his office will need to find means to fund the process in other ways, as plans for this were made after the budget proposal had already been submitted in late October.

Niyaz further noted the lack of cooperation extended to external auditors from the management and board of some state owned companies.

“Jobs for politicians”

The management of SOEs need to be strengthened, especially that of the board of directors, Niyaz said. SOEs must not be formed to create jobs for politicians, Niyaz said.

“As evident, if the top management of a company, enterprise or even an institution keeps being changed every now and then, it proves to be a strategical loss to that entity. Each of these management will have plans for its development, but if this keeps changing frequently, there will be no stability there. Therefore, there really needs to be a change in how the state runs the enterprises it holds shares in or owns,” he continued.

The state must end the appointment of individuals to management level jobs at SOEs on the basis of their political affiliation, Niyaz said.

“Even the board must consist of financially literate people who understand what it means to run a business, if the company’s governance is to be improved. I will give you an example of the level some current board members have, and this doesn’t change no matter which government is in place. A team from my office met with a company’s board members recently, after multiple attempts to meet them previously. For purposes of auditing, they asked the board for the financial statement. Members of the board then said at my staff members, ‘who do you think you are to come here and question us? We don’t have to give you any financial statements’ and then threatened to throw them out of a window. This is the calibre of some appointees to the boards of state enterprises. It is way beyond their authority to speak in that manner to a team of auditors who are their to fulfill legally stipulated duties,” Niyaz said.

Parliament initiative to run audits

Parliament’s Public Accounts Committee Chair Abdulla Jabir told Minivan News today that the committee has rescheduled the initial debate on the matter from Sunday to Tuesday, for which both the Auditor General and Attorney General Mohamed Anil will be summoned.

According to Jabir, the objectives of conducting a special audit are to have all state companies operating under a single holding company and to find a way to liquidate companies that fail to make profit.

Attorney General Mohamed Anil was not responding to calls at the time of press.

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EC to seek AG advice on following Supreme Court guidelines

The Elections Commission (EC) has decided to seek advice from the Attorney General on whether the commission must follow the Supreme Court’s 16 point electoral guideline in the upcoming local council and parliamentary elections.

The Supreme Court had issued the guidelines in October in its verdict annulling the first round of presidential polls held on September 7. EC President Fuwad Thowfeek has previously slammed the guidelines as “restrictions”

EC member Ali Mohamed Manik told local media the commission is abiding by the Supreme Court’s guidelines in preparations for the upcoming elections. However, the EC may face the same challenges if the commission were to follow the Supreme Court’s requirements, Manik said.

The guidelines effectively give candidates veto power over polls as they state the EC must obtain the signature of all candidates on the voter registry and mandates the commission ensure that reports on the voting process are compiled in the presence of candidates’ representatives.

The EC has previously said obtaining the signatures of the 4000 candidates contesting local council elections will be “impossible.”

“While some of the points in the guideline state it applies to all elections, we can see that the complete guideline is actually intended for presidential elections when we look at it in its entirety. Most of what is in the full verdict is also about the presidential election. Furthermore, it will be very difficult to follow some of the points in it in other elections,” Manik said.

The Supreme Court’s requirements caused major delays in this year’s presidential elections with three contestants. The parliamentary election will have hundreds of contestants for the 85 constituencies, while the local council election will have over 4000 of contestants running for 1118 seats in island, atoll and city councils in 20 atolls.

LGA and MMA call to merge elections

The Local Government Authority (LGA) – chaired by Defence Minister Mohamed Nazim – has on Thursday announced it will work with the government to organize simultaneous polls for the local council and parliament.

LGA has also requested the government to include the proposal in the planned amendments to the Decentralisation Act.

“When all the elections are held together, it will decrease the economical cost caused by holding separate elections, while also lessening the tearing up of the national social fabric, which happens as a result of elections”, a statement from the LGA reads, as reported by local media Haveeru.

The statement further said that the funds spent on councils cannot be used productively unless the councils are developed and strengthened. The authority said the proposed amendments to the Decentralisation Act  will assist in cutting costs.

The Maldives Monetary Authority (MMA) has meanwhile recommended combining presidential, parliamentary and local council elections in order to reduce state expenditure and improve governance.

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Government continues plans for first 100 days

Twenty-six days into the administration of President Abdulla Yameen, state institutions have been unveiling plans to commence or to resume projects within a 100 day period of the government’s November 17 inauguration.

A number of ‘roadmaps’ have emerged in the transport, health, and immigration. Similar lists of projects have also been devised for customs, the police, and the military.

Transport and communication

On December 8, the Transport and Communication Ministry revealed that it would finish drafting plans and begin the groundwork within a 100 days to develop the Ibrahim Nasir International Airport (INIA) to be able to cater to 5 million passengers.

Plans were also made to introduce the nighttime landing of flights in Thimarafushi and Fuvahmulah airports within this period.

In the field of land transportation, the ministry pledged to improve local ports, connect islands via seaplane transport and to improve ferry services between atolls.

There are further plans to establish a broadband internet policy and to provide fast-speed internet to all inhabited islands. Besides this, the plan also includes the introducing number portability between the two telecom service providers currently available in the country.

Transport Minister Ameen Ibrahim said that the government’s object was to make the Maldives the most advanced among the SAARC countries in the field of communication.

The government has also announced its intention to build a bridge between Hulhule’ – the airport island- and capital Male’, and have requested proposals from interested companies.

Health

Just a week after the new administration was established, Vice President Dr Mohamed Jameel Ahmed announced that the government had begun to solve issues in providing health services to the people.

Visiting the sole state-owned hospital – IGMH – in capital city Malé on November 24, Jameel announced that the government would begin fulfilling its health policies “as soon as we get the budget for it”, adding that this would include revamping the Aasandha insurance scheme and training nurses and doctors.

Early in December, prior to the appointment of a health minister, President’s Office Minister Abdulla Ameen announced that chemotherapy treatment for cancer patients would be introduced within the first one hundred days.

Stating that the lack of the service forced many Maldivians to live abroad for medical purposes, Ameen said that the introduction of chemotherapy facilities in the country was crucial. He added that screening to diagnose cervical cancer would also be introduced -both under a government insurance scheme.

Echoing Ameen’s assurances of fast development to IGMH, Health Minister Mariyam Shakeela said at a press conference held today that the government was drafting a policy to “bring major development to IGMH in a very short period of time to an extent never before seen”.

She said that this included a complete renewal of the management figures at the hospital.

The minister further revealed that the government had decided to transfer specialist doctors to the atolls for a period of time which would be allocated by the ministry.

Shakeela stated that funds for development are included in the budget, and that the government is also seeking aid from international donors for some of the projects. She hoped that such developments would  lead to “decreasing the burden on Aasandha”.

Shakeela promised that the full 100 day programme would be revealed next week.

Immigration

Immigration Controller Hassan Ali announced on December 5 that the institution’s biggest focus in the first 100 days of Yameen’s government would be to control the issue of illegal immigrants.

The plan itself includes work to offer illegal immigrants a chance to change employees, and increasing the number of illegal immigrants who will be deported in 2014.

The immigration controller also revealed plans to establish an online system of obtaining work visas from Kulhudhuhfushi, establishing a single office to deal with all migrant related work, and a mechanism where e-passports can be issued from two areas of the country.

Customs, Police and Military

The Maldives Police Services has also created a roadmap of goals they will work to achieve in the first 100 days of the Yameen administration.

On December 9, police revealed that the foremost goal in this roadmap is to complete investigation of 80 per cent of ongoing cases – the total amount of which was not specified – and to forward them to the Prosecutor General’s office.

Other goals include completion of investigation into small and petty crimes within a 30 day period, pre-emptive identification and intervention in cases of intention to commit crimes, and the setting up of additional security cameras in Male’ and Addu City.

Police will also be working to eradicate sexual abuse of children, and to establish what they have termed ‘be ready camps’ to achieve this goal in two atolls.

Facilitating youth employment by helping to get sea vessel driving licences, increasing women’s employment in the policing field to 50 percent, and the establishment of a juvenile detention centre is also included among the listed aims.

The roadmap also includes internal work like the establishment of a new system to address complaints against police officers, the creation of a police clinic for health support to officers and their families, and the compilation of a four-year strategic plan on professional development of the force.

Police, together with customs, have also initiated programs to tackle the illegal import and abuse of narcotics and serious and organised crimes.

Customs – which has also revealed a roadmap for the same period – have on December 12, expressed concern that budget limitations may prove to be an obstacle in the realisation of their goals.

Commissioner General of Customs Ahmed Mohamed stated that the budget cuts would affect the institution’s reaching of its objectives, including the provision of more convenient online services.

Maldives National Defence Force (MNDF)’s 100 day strategic plan includes the submission of various amendments to relevant laws – including the Armed Forces Act and Narional Security Act – to the parliament, and the establishment of a ‘justice system’ within the force.

The plan further consists of a variety of other projects, including the addition of a helicopter and landing crafts to its fleet, and the establishment of fire stations in the islands of Kahdhoo and Naifaru.

The military intend to lay the foundation for a new eight story building where the current Coast Guard offices are, to conduct additional international training for officers – especially with the Indian Army, to provide medical care at low fees for general citizens at the Senahiya military hospital, and the establishment of a day care centre for the use of officers and families.

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Government and civil society highlight work needed to safeguard human rights

State institutions have both celebrated the current progress in the protection of human rights in the Maldives, as well as expressing concern about certain violations and restrictions in the field.

A series have statements accompanied the 63rd International Human Rights Day – December 10.

With this year’s Human Rights Day aligning with the Human Rights Commission of the Maldives (HRCM)’s 10th Anniversary, the independent commission held an event on Tuesday night, attended by several cabinet ministers, alongside political and civil society actors.

“It is crucial to overcome obstacles in the protection of rights guaranteed to Maldivians through the constitution and the international treaties, and for all institutions to work justly and equitably to reach this goal,” said HRCM President Mariyam Azra at the event.

Furthermore, in a statement released on Tuesday, the HRCM president stated that while the commission is pleased that human rights has become a topic openly and often discussed over the past decade, there still remains much work that needs to be done in the country to adequately protect human rights.

“What leads to the violation of rights is the lack of respect for rights. The abuse of rights committed by those in high positions oftentimes as a show of power most often affects the most vulnerable persons who are already in need of special protection. That is to say, people who are sidelined by society itself,” the statement read.

While there are state institutions mandated to protect citizens from harm and to bring perpetrators to justice, Azra commented, “as it is humans working in these institutions, a culture of treating others in a manner you would wish yourselves to be treated needs to be better established”.

She also noted that, when intervening in the case of a 15 year old rape victim being charged with fornication and sentenced to 100 lashes by flogging, the commission realised the importance of interventions even at the court proceedings stage.

“When after we intervened, the High Court overruled the Juvenile Court’s sentence on the child, we realised the importance of intervention even at the stages of court hearings. Therefore, we have now planned to conduct further work in the field after seeking cooperation from the judiciary,” she revealed.

“President Yameen has an unwavering commitment to establish a consolidated democracy”

Meanwhile, Minister of Foreign Affairs Dunya Maumoon stated that the Maldives has given “greater impetus and focus to strengthening our systems and institutions to better safeguard human rights and fundamental liberties” since former President Maumoon Abdul Gayoom began the introduction of democratic governance in the country in 2004.

While acknowledging that much work needs to be done to safeguard human rights in the country, Dunya stated, “I am pleased to reiterate the unwavering commitment of His Excellency President Abdulla Yameen Abdul Gayoom to continue the country’s journey, with greater vigour and determination, to its destination of a consolidated democracy.

She asserted that the government will focus on completing its human rights treaty reporting obligations and reducing the gaps that exist within the framework, among other related work.

She further spoke on the Maldives’ role in the UN Human Rights Council (UNHRC), emphasising among other points that the country had “always pledged to defend the Constitution, to strengthen our judiciary and independent institutions and to uphold the rule of law”.

“We have not minced our words in our calls to protect the rights of all Muslims around the world. We have stood up against Islamaphobia and risen to build the fallen bridges of tolerance and respect,” the statement read.

The minister pledged to continue the work through the country’s membership in the UNHRC and at the local level.

State must take initiative to provide justice to those who suffered HR violations: MDN

Local Human Rights NGO Maldivian Democracy Network (MDN) commended the current stability in the country, maintaining that it is the result of having an elected government in place after a politically turbulent period.

Thanking the Elections Commission for its work to defend the right to vote and the losing candidate Maldivian Democratic Party (MDP)’s Mohamed Nasheed and his supporters for their ready acceptance of electoral defeat, the NGO called on security forces and the general public to ensure that the stability in the country is maintained as a peaceful one by refraining from committing acts of violence or injustice against any persons.

“This organisation believes that it is a responsibility of the government to take the initiative to ensure justice for all those who have suffered different manners of abuse and HR violations in these past days,” the statement read.

“It is crucial that state institutions act in accordance with the recommendations put forth by the Commission of National Inquiry,the HRCM and the Police Integrity Commission after concluding investigations into the events of February 7 and 8, 2012. This will be the most important and initial step towards establishing justice,” it continued.

“It is also important to learn of the injustices against separate persons being committed by the judicial, political and social sectors currently, and to ascertain that they proceed in a just manner. We call on the government and concerned state authorities to ensure this.”

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JSC’s transfer of superior court judges termed “unlawful” by Chief Justice

Chief Justice Ahmed Faiz Hussain has stated the Judicial Service Commission (JSC)’s transfer of superior court judges to other courts is unlawful.

Following the JSC’s decision to transfer Judge Abdulla Mohamed from his post as Criminal Court Chief Judge to the same position in the Drug Court on Monday, Faiz sent a letter to the president of the judicial watchdog Adam Mohamed on Tuesday stating that the commission did not have the legal authority to carry out such transfers.

Faiz subsequently deemed such decisions made by JSC to be “unlawful”.

The letter states that although Article 159(a) gives the JSC the authority to appoint, promote or transfer judges other than those from the Supreme Court, it “must not be interpreted as an absolute right”.

He then stated that the Judges’ Act mandates any transfer of a judge from his appointed court can only be carried out following deliberation with the Judicial Council.

The Judicial Council, meanwhile, is compiled of the seven judges sitting on the Supreme Court bench. Faiz stated in his letter that no judge should be transferred without consulting the Supreme Court first.

The Senior Legal and Complaints Officer Hassan Faheem Ibrahim – acting head at the JSC – confirmed to Minivan News that the commission had received the letter today.

“Since it is the Chief Justice who has sent this letter, we will not have any views on it or comments to make about it. It is the commission who will decide after they have deliberated on the matter. No meetings for the matter have been scheduled yet,” Faheem said.

Article 159(a) of the Maldives Constitution states that “The Judicial Services Commission is entrusted with the responsibility and power to appoint, promote and transfer Judges other the Chief Justice and Judges of the Supreme Court, and to make recommendations to the President on the appointment of the Chief Justice and Judges of the Supreme Court.

Article 49 of the Judges’ Act refers to temporary transfer of judges from one court to another and states “Temporary appointment of a Judge to preside over cases in a court will be decided upon by the Judicial Services Commission under the advice of the Judicial Council”.

Speaking to Minivan News on Monday, appointee from the Parliament to the JSC, Maldivian Democratic Party MP Ahmed Hamza said that about eight judges have so far been transferred from the courts they previously presided over. He added that the decision to transfer Judge Abdulla Mohamed was made to strengthen the courts by transferring experienced judges to different courts so as to spread knowledge and expertise.

Judge Abdulla Mohamed has previously been under investigation from the JSC, for allegations of ethical misconduct and obstruction of corruption investigations among others.

The decision of President Mohamed Nasheed to detain Mohamed in January 2012 fuelled a series of protests by then-opposition political parties, eventually leading to a police and military mutiny and Nasheed’s resignation.

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