Author: Mariyath Mohamed

US calls for Maldives to address rights abuses, lift restrictions on religious freedom

The Maldivian government’s respect for freedom of religion has declined in the past year, according to the US State Department’s 2012 Report on International Religious Freedom.

The report highlighted “increasing reports of abuses of religious freedom, religious intolerance and governmental restriction of religious freedom and pressure to conform to a stricter interpretation of Islamic practices” in the Maldives.

The report concluded these concerns were especially relevant after the controversial transfer of power in February 2012.

The US State Department said it had emphasised during regular missions to the Maldivian government the importance of the right to religious freedom. It detailed that “the embassy advocated for the right of all residents of the country to practice the religion of their choice, and encouraged efforts to promote religious tolerance.”

Pointing out that the Constitution of the Maldives and other laws and regulations restricted freedom of religion, the report found the government to have enforced these in practice.

“The law prohibits citizens’ practice of any religion other than Islam and requires the government to exert control over all religious matters, including the practice of Islam. There were reports of societal abuses and discrimination based on religious affiliation, belief or practice,” the findings reported.

“There was an increasing trend among political leaders to call for greater limits on religious groups and activities. There was an increasing use of religion in political rhetoric, which led to derogatory statements about Christianity and Judaism, and harassment of citizens calling for a more tolerant interpretation of Islam. Anti-Semitic rhetoric among conservative parties continued.”

The report added that according to government records, all 350,800 citizens are required to be Muslim, with the majority of this number practicing Sunni Islam. Non-Muslim visitors to the country are only allowed to practice their religion in private, it added.

Increasing abuse of religious freedom

The US issued study claimed there was also an increase in reports of abuse of religious freedom, ranging from detention of individuals to pressure to conform to a stricter interpretation of the religion.

Pointing out that conversion to Islam from another religion can lead to the rescinding of the convert’s citizenship, the report stated that no such incidences were reported in 2012.

“The government subjected individuals who made public calls for religious tolerance to extended extrajudicial police detention”, the US State Department said in the report.  It added that the government had also “deported individuals found with Christian images” while detaining “several individuals for periods of several weeks on charges of ‘anti Islamic’ behaviour before releasing or deporting them”.

The report found that the government continued to control all religious matters, mainly through its Ministry of Islamic Affairs.

The State Department also stated that the Ministry published a weekly newsletter advocating a line of religion thought as that of the ministry itself.  The report added that government officials had said the newsletter was aimed at “maintaining a moderate Islamic environment.”

Banning ‘unauthorised gatherings’, state inaction against violence

The US State Department noted a number of incidences that occurred in 2012 to back its findings.

These included a government ban on discos and the deployment of police to conduct patrols to close down ‘unauthorised gatherings’. It also refers to the mob attack on the National Museum, which saw pre-Islamic artifacts destroyed. The attack occurred at the time of last year’s controversial power transfer on February 7.

“The ministry continued efforts to curb what it described as the ‘prevalence of un-Islamic practices’ in the country due to lack of religious awareness,” the US State Department claimed.

The report highlighted the case of a Bangladesh national who was kept in detention for 23 days prior to deportation, without being charged with any crime. According to the report, his employer alleged that he was deported after police discovered books on Christianity in his possession.

The report also accused the government of inaction over the attacks on local freelance journalist Ibrahim ‘Hilath’ Rasheed, who is described in the report as being “known for his moderate views on Islam.”

The report states that Hilath believes the “attack was carried out by violent extremists in the country.”

The report claimed that the blocking in the country of Hilath’s personal blog by the Ministry of Islamic Affairs in 2011, on the justification that it had anti-Islamic content, remained in effect.

Meanwhile, the US State Department said that one of the “more prominent theories” about the murder of moderate Islamic scholar and parliamentarian Afrasheem Ali October 2, 2012, was “that violent extremists viewed Afrasheem’s very public moderate approach to Islam as apostasy and killed him to send a message to moderate Muslims that a strict interpretation of Islam is the only acceptable approach.”

The report highlighted incidences of societal harassment and abuse targeted towards citizens, especially women, who do not conform to strict, narrow “acceptable guidelines”.

Religion in political rhetoric

The report claimed there had been an increased use and continuation of anti-Semitic rhetoric by public officials throughout the last 12 months.

One example given was a pamphlet titled “President Nasheed’s Devious Plot to Destroy the Islamic Faith of Maldivians”, authored by a former home minister of the current administration, Dr Mohamed Jameel Ahmed.

Dr Jameel was recently removed from his cabinet post by President Waheed over concerns of a potential conflict of interest after he became the presidential running mate for the Progressive Party of Maldives (PPM) – becoming a direct rival of the incumbent.

“The pamphlet received wide-spread attention upon it’s release and played a role in the events that eventually led to the February 7 transfer of power,” it read.

The report further refers to statements made by President Waheed, who came to office following last year’s transfer of power.

“During the year, President Waheed warned the nation that foreign parties were attempting to influence the country’s ideology and promote secularism; he urged citizens to resist these impulses,” the report read.

Laws governing religion

According to the findings of the report, the government interprets the Constitutional clause naming Sunni Islam as the official religion and the government regulations being based on Islamic law as imposing a requirement that all citizens must be Muslim.

Stating that Civil Law is subordinate to Islamic Law, the report points out that the law prohibits the making of public statements which are contrary to Islam, leaving offenders subject to a two to five year jail sentence.

Furthermore, all are prohibited to publicly discuss Islam unless by prior government invitation, and Imams are not allowed to prepare sermons without government authorisation.

Several constitutional articles declare the practice of Islam as mandatory, and all schools are required to “inculcate obedience to Islam” and “instill the love of Islam” in students.

The report said that any actions found to breach the country’s Religious Unity Act were subject to criminal penalties.

Specific crimes included in the act, which is highlighted in the US issued report, include “working to disrupt the religious unity of Maldivians”, “delivering religious sermons or engaging in public discussions in a way that infringes upon the independence and sovereignty of the country” and “propagating any religion other than Islam”.

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Police escort Sheikh from Maafushi after protesters accuse him of “distorting religion”

Police have escorted a sheikh from the island of Maafushi in Kaafu Atoll on Sunday, after 300 protesters gathered outside his private Quran and Tawhid classroom and demanded that he leave the island.

Multiple sources from the island previously expressed concerns about a Sheikh Ibrahim Rasheed, originally from the island of Thulhaadhoo in Baa Atoll, who has been preaching in Maafushi for just over a year.  He is alleged to have been “spreading hatred and strife on the pretext of preaching Islam”.

The Maafushi School and Pre-School voiced concerns that a number of students had been pulled from school by their parents over the playing of nursery rhymes and the lack of gender segregation. School officials have since said that some of these students had been made to attend the Sheikh’s private Quran and Tawhid classes instead.

After recent wide coverage of the issue in local media, residents of Maafushi staged a protest in front of Sheikh Rasheed’s private class “Thahseenul Quran” on Sunday evening.

Vice President of the Maafushi Island Council, Majdha Ibrahim said that approximately 300 people had joined the protest, demanding that the Sheikh “immediately leave Maafushi and stay away.”

According to Majdha, some of the chants the protesters shouted included “Stop creating strife with your twisted words”, “Stop distorting religion to take away our unity” and “Our daughters have a right to education”.

“Yesterday, the council received letters from both the preschool and the school, expressing concern that this man’s preaching was leading to parents who abide by him to take their children out of school. We haven’t received any official complaints about him previously, though we have heard residents voicing concern and disapproval about how his actions are leading to strife in a previously peaceful community,” she said.

Majdha confirmed that the Sheikh had been removed from the island around midnight on Monday with the assistance of a police response team from the capital Male’. Images on social media showed Rasheed wearing a helmet and police body armour.

“Sheikh calls us “ladhini” if we are not like him”

Maafushi Women’s Development Committee President Badurunisa Ibrahim alleged the Sheikh was creating a rift among the island’s citizens, claiming that he was converting more and more people to join his “more extreme version of religion” and forcing them to abide by rules he defined.

“He has been preaching to those who listen to him that playing nursery rhymes in preschool is the same as playing music, which he claims is haram. He has been advising parents to not let girls and boys mix together in school, saying it is anti-Islamic. This is leading to parents taking their kids out of school, which is so very worrying,” she said.

“He initially came to teach Quran at the Children’s Centre here, and then when he got fired, he started teaching private Quran and Tawhid classes. It seems ridiculous that he convinces parents to take children out of school as they are not gender segregated, and then himself proceeds to hold mixed classes for all ages,” she alleged.

Confirming that hundreds of angry protesters had gathered last night, Badurunisa asserted that people were voicing out against the Sheikh only because he was preaching a “twisted and misleading version of religion” and aiming “to create unrest” by forming factions among the people.

“Had he been just here teaching in his private Quran class or preaching actual Islam, none of us would have a problem with him. But when he is outright lying and distorting Islamic values, and brainwashing some people of our island, our community will not simply stand by and watch,” she said.

Stating that the protest had not been against “Islam”, but against abusing religion as a tool for discord, Badurunisa detailed some of what Sheikh Rasheed has been preaching on Maafushi.

“You’ve heard of his hypocritical stance against gender segregation. Besides that, he says that a man’s prayers will not be acceptable unless they are dressed in the Arabian style, salwar kameez. He also preaches that only kafirs do not grow their beards long, that it is haram to wear a necktie, and other such things which I don’t believe are in accordance with actual Islamic values,” Badurunisa said.

“When it comes to females, he speaks strictly against educating girls, or women having careers. He has also said that girls should not be able to participate in our local Quran recitation competition as a female’s voice itself is ‘aurah’ [Islamic term for parts of the body required to be concealed in order to maintain modesty],” she continued.

“He calls any of us who do not dress like him or act like him to be ‘ladini’ [irreligious] or kafir,” she said.

Meanwhile, Kaafu Atoll Council member Ali Shaheen has said that it is of utmost importance that the state finds a solution for similar problems.

“I think a solution for this can be found only when the State begins to take action against people like this Sheikh through the Religious Unity Act. This Act says, in no uncertain times, that it is against the law to create disunity by using religion as a tool. I call upon all relevant actors to view this as a serious issue and take meaningful action to prevent further incidents of this kind,” he said.

“Not a Sheikh, we brought the teacher to safety”: police

“He is not a Sheikh, he is just a teacher who runs a private Quran class in Maafushi,” said a police media official, requesting to not be named.

“All that the protesters demanded was that the teacher be removed from the island. Keeping in mind the recent violent act against a teacher, we responded to the matter and safely brought him to Male’. He was not taken under our custody as such. Upon reaching Male’ we left him to his own resources,” the official stated.

“It’s his own words, we do not endorse them”: Ministry

Permanent Secretary of Ministry of Islamic Affair Mohamed Didi confirmed that they had knowledge of a sheikh creating problems in the island of Maafushi, and that the ministry had advised him against doing so.

“However, we cannot take official action against someone after hearing just one side of the story. We will need to find out what exactly he has been saying. This causes delays in taking action,” Mohamed Didi said.

“In the end, every Sheikh himself must take responsibility for the words he says. I don’t think anyone would have spoken against a Sheikh had they been preaching along Islamic principles. These preachings are his own words, and we do not endorse them,” he continued.

“For example, the issue of gender segregation. There are mixed co-ed schools across the country, even in Male’. The education system is under the Education Ministry. That is how things are and we do not involve ourselves in this,” he stated.

“Our ministry’s policy is to avoid any actions which may cause disputes.”

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Finance Minister rejects Family Court’s claim that government is holding child support money

Minister of Finance and Treasury Abdulla Jihad has rejected a statement from the Family Court alleging the ministry is delaying the release of child support money needed by single parents.

The money is paid to the court, which acts as an intermediary between separated parents. Jihad claimed the ministry has now begun to release the payments.

However, Family Court Registrar Ahmed Shafeeu told local media the court has been receiving complaints over delays in receiving the child support payments.

According to Shafeeu, once a parent submits child support money to the court the money is deposited in the state income account. The Finance Ministry is then supposed to return the money to the court, which issues it to the intended recipient.

Shafeeu states that this is under the order of the Finance Ministry, as defined in the Public Finance Act.

“However, I do not believe at all that there is any reason why this money has to be deposited in the state income account,” Shafeeu stated.

“Lots of people who deposit the money, and who are waiting to receive the money, continue to submit complaints about the delay repeatedly,” he said.

He further stated that no solution has been found to date, although discussions on the matter were held with the Finance Ministry three weeks ago.

Currently in cases of divorce among parents, if the mother applies for child support the father is required to provide a monthly contribution of MVR 1000 (US$65) per child.

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Maafushi parents pull students from preschool over playing of nursery rhymes, lack of gender segregation

A preschool on the island of Maafushi in Kaafu Atoll has alleged a number of parents have stopped students from attending school, claiming “differences in religious views.”

Parents have so far pulled six students from the preschool, while two more have been officially expelled on parental request. Parents of two older students attending the Maafushi School have also submitted letters informing the school management that their children will no longer be attending classes.

Maafushi Preschool’s Head Teacher Aminath Shiuna has expressed concern that the new trend is depriving children of their right to education.

“Two children, both from the same family, have been officially taken out of school. There are six more who have stopped coming. Although their parents have not informed us directly, we have heard through other mediums that they will not be sending them to school again,” Shiuna said.

“This is the only preschool on the island. We have 125 students aged between two and six years, some of whom are from other islands while some are non-Maldivians. If the students are taken out from this school, there are no other alternatives available on this island where these children can be sent,” she said.

“Therefore, we as the school management, are very concerned that decisions like this are depriving innocent children from the right to an education. We are doing all we can to hold discussions with these parents and find some sort of a solution where the children can be allowed to study again,” Shiuna stated.

A teacher from the preschool has told local media that although no official explanations had been given to the school, some of the parents had expressed disapproval after the school had held Children’s Day celebrations.

According to the teacher, a number of parents complained that the school had involved their children in Children’s Day activities in which music, in the form of nursery rhymes, had been played.

Parents have also further complained that the preschoolers were not taught in gender-segregated classes.

President of the Maafushi Women’s Development Committee (MWDC), which runs the island’s preschool, Badhurunisa Ibrahim has also expressed concern about the matter.

“They stopped sending their children to school without having discussed it with us at all. Depriving them from an education is an abuse of these children’s rights. This immensely worries us,” she said.

Badhurunisa suggested that parents try to find solutions through discourse rather than preventing children from attending classes. She said that arrangements could be made where parents so inclined can request teachers to not involve their children in activities they find inappropriate, such as the singing of nursery rhymes.

“Even in the other school, which is attended by students age 7 to 16 years, parents have recently prevented two from attending classes. The parents of one of these girls has even submitted a letter informing the school of their decision,” Ibrahim said.

An official from Maafushi School confirmed that the letter requesting dismissal had been submitted by the parent of the current school captain, a girl studying in the tenth grade.

The other student is currently in the second grade, and eight years of age.

“They are no longer being sent to school, and we are very worried that their own parents are taking away a constitutional right from them. There are no other schools in this island, so it’s not like they are just changing them from one place to another. We have heard, unofficially, that the parents intend to educate them at a private Quran class run by a Sheikh instead,” the official said.

Following the Sheikh

Multiple sources from the island of Maafushi have expressed concerns about a “Sheikh” from another atoll who has been preaching in the island for just over an year, which they allege is leading to events such as the increase in children being deprived of standard education.

“Keeping children away from school and blaming it on religious differences is certainly worrying. We are seeing that there is a separate faction that is being formed within the population of Maafushi, a faction that is growing at alarming speed. This factor, or group, adheres to a much more conservative form of Islam that contradicts with our traditional ways. More women are donning the niqab now, and more men are growing their beards longer,” said Ali Shaheen from the Kaafu Atoll Council.

MDWC President Badurunisa Ibrahim alleged the Sheikh was creating a rift among the island’s citizens, alleging he was converting more and more people to join his “more extreme version of religion” and abide by rules he defined.

“He calls himself Sheikh Ibrahim Rasheed, and originally comes from the island of Thulhaadhoo in Baa Atoll. He stayed in Thulusdhoo before but was sent off for creating problems similar to what we are seeing here on this island now,” Badurunisa explained.

“He has been preaching to those who listen to him that playing nursery rhymes in preschool is the same as playing music, which he claims is haram. He has been advising parents to not let girls and boys mix together in school, saying it is anti-islamic. This is leading to parents taking their kids out of school, which is so very worrying,” Badurunisa said.

“He initially came to teach Quran at the Children’s Centre here, and then when he got fired, he started teaching private Quran and Tawheed classes,” she said.

“It seems ridiculous that he convinces parents to take children out of school as they are not gender segregated, and then himself proceeds to hold mixed classes for all ages,” she alleged.

Another source from the island, on condition of anonymity, said the Sheikh’s preachings were leading to a lot of dissent among the previously unified people of the island.

He said that Sheikh Rasheed “acts as though he owns the island’s mosque”, and that he has been verbally harassing mosque-goers with taunts like ‘laadheenee’ (irreligious) and ‘kafir’.

He said that a group of islanders had approached the Islamic Ministry asking for action against the Sheikh.

A Maafushi school official said that it was known that both the students who were being kept away from school were now attending the Quran and Tawhid classes run by Sheikh Rasheed.

Government response

Abdulla Ibrahim from the Minister of Education’s Bureau said the ministry is “highly concerned as this will negatively effect the education of these children.”

He however said that the ministry has not yet decided on a way to address the specific incidents.

“Preschools are run by women’s development committees or councils. However, we will soon be discussing how to address this matter,” he said.

Minivan News was unable to contact Sheikh Ibrahim Rasheed at the time of press.

Minister of Islamic Affairs, Sheikh Shaheem Ali Saeed, was also not available for comment.

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UN Special Representative calls for abolition of degrading and capital punishment against children

The United Nations Special Representative of the Secretary General on Violence Against Children, Marta Santos Pais, has called on the government to find an alternative for, or abolish, capital and degrading punishment against minors.

Pais made the comments at a press conference held on Wednesday, together with Acting Minister of Gender, Family and Human Rights Azima Shakoor, at the conclusion of a six day visit to the Maldives to “support national efforts to address concerns” about the case of a 15 year old female rape victim sentenced to a 100 lashes on charges of fornication.

“My visit was sped up because of the case of this 15 year-old. As you know, the whole world is following this very closely with concern, for a number of reasons. The most important one is that we are talking about someone who is very young, who has been the victim of a sequence of situations that are very traumatic, and which has certainly affected her well-being. And which should not put at risk the way she looks at her future,” Pais stated.

“We have been concerned naturally about the opportunities that seem to have been missed in the process, in the first stages of the judicial procedures that were carried out. At the same time we feel encouraged by the fact that not only were there expressions of condemnation by the President, the government and the Maldivian civil society, but there is an appeal for her now,” she continued.

“We are very confident that the situation will be globally assessed in the light of the best interests of the child, and the assumptions made about the capability of a girl of 15 years of age to channel such decisions about one’s life will be taken into consideration,” Pais said.

“In her case, as well as the other case mentioned of capital punishment, as you know, there is a very important trend across the world. The first is to recognise that the Convention on the Rights of the Child and other international treaties in fact consider that these forms of sentencing are not in conformity with human rights. And these are treaties ratified by the Maldives, and as you know, the Constitution of the Maldives recognise the primeness of these, providing guidance to act in line with these treaties including when courts are applying or interpreting laws and constitution,” the Special Representative continued.

“And secondly there is a trend visible in many countries, including muslim countries, to abolish this form of sentencing and also to find alternatives to deal with children and young people who are in such situations. So we are very hopeful that these options will be taken under consideration in Maldives in these particular cases, and other similar cases that may come up,” she stated.

Former Attorney General and Acting Gender Minister Azima Shakoor admitted that “there were a lot of misses in the 15 year old’s case”, adding that the matter could have been better handled if the state had acted earlier, and if the necessary systems were more strongly built.

Action by the state

The Special Representative welcomed the establishment of a Child Protection Committee by President Mohamed Waheed Hassan, noting the importance of pushing for change to prevent similar cases from happening again, calling the girl’s case a “paradigmatic of the wider situation of violence against children.”

Pais said that she had conducted discussions with government officials, parliamentarians from across the political spectrum, other political actors, members of the judiciary, national institutions and relevant civil society organisations during her brief visit.

While noting that she had observes a common “reaffirmation of the international commitments undertaken by the Maldives to safeguard the rights of the child and ensure the implementation of the CRC” and other ratified conventions, she added that the country “now has before it a critical opportunity to translate these commitments into tangible legal, policy and programmatic action”.

Pais also emphasised that “incidents of violence still remain hidden and concealed, and are sensitive to be raised as a public concern, and difficult to report.”

She noted that in the recent past, significant tools and studies have been developed to address cases of violence, abuse and exploitation, including pieces of legislation like the Domestic Violence Act.

“Steady action is of essence”

Special Representative Pais said that despite the current action being taken by the state, a lot more steady action needs to be taken in the country to protect the rights of the child.

She recommended that awareness campaigns be carried out to prevent social acceptance of violence against children. Additionally, she stated that it is crucial to focus on capacity building programmes for teachers, social workers, law enforcement officials, judges, prosecutors and other child protection actors as they are in a unique position to safeguard children’s protection from violence and intervene in case such incidences occur.

Also among her recommendations is the importance of building upon the country’s Constitution and passing progressive legislation for the protection of human rights and children’s rights.

“It is imperative to improve in the legislation a clear legal prohibition of all forms of violence against children, including in the home, in care and justice institutions, as well as a form of criminal sentencing,” Pais stated.

In conclusion, Pais referred to the upcoming September 7 presidential elections, and called on all political actors to refrain from involving children in politics and from sidelining children’s right issues.

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Sheikh Ilyas again summoned to Parliament Committee; says MPs “ignorant of Islamic ways”

Parliament’s Penal Code draft committee has once again decided to summon Chair of Adhaalath Party Religious Council and member of Maldives Fiqh Acadamy Sheikh Ilyas Hussain, after he failed to attend the committee’s previous summons.

The committee stated that it has asked Sheikh Ilyas to attend a committee meeting on May 15 regarding a sermon he gave at the Furugan Mosque in March titled “The Purpose of Islamic Shariah”.

In the sermon, Ilyas swore to God that the Penal Code was intended to destroy the religion of Islam. Calling the penal code “a trap made by the West” to eradicate Islam in the name of Muslims, Ilyas alleged that it did not have penalties for fornication, theft, corruption, forgery, or robbery. He further claimed the code stipulated that if a person claimed they were intoxicated when committing a crime, then they would not be subjected to punishment.

After the initial decision to summon Ilyas, Penal Code Committee Chair Maldivian Democratic Party (MDP) MP Ahmed Hamza rejected the Sheikh’s claims and stated that “[Sheikh Ilyas] has told the public that there are some provisions in the Penal Code that are not in it. We want to bring him and have a chat and inform him about the provisions that are there in the Penal Code.”

“MPs summon me as they are ignorant of the ways of Islam”: Ilyas

Upon being summoned to parliament again, Sheikh Ilyas told local media that the committee continued to summon him only because they were ignorant of the Islamic way regarding the matters he had raised.

Ilyas stated that the parliament members who sat in the committee had insisted that the Penal Code did not have any clauses against Islamic principles, but only because none of them possessed sufficient religious education to understand the reality. He added that he will would explain the matter to the MPs through verses of the Quran and the sayings of the Prophet when he attends the committee meeting.

Ilyas further stated that the bill has a number of clauses which contradicted the penalties defined in Islamic Sharia, and that it had many “deceptive clauses”.

“I will strip the MPs naked”: Ilyas

Sheikh Ilyas was also reported in local media as stating that he would “strip the MPs naked” if he is summoned to the Penal Code Committee.

“I am willing to attend the committee. I will not be called Sheikh Ilyas if I fail to strip them naked. What will they prove? Who gave these people the right to take out the penalties defined in the Quran and categorise them into Part 1 and Part 2?” Ilyas stated.

Ilyas also called on all Maldivian media to broadcast the committee meeting which he is to attend live on TV.

Ilyas made the comments at the gathering held by Adhaalath Party and the National Movement at the Artificial Beach on April 30.

The Adhaalath Party has previously alleged that the parliament committee had added a clause to the Penal Code after Sheikh Ilyas gave the sermon in the Furugan Mosque, and accused the committee of orchestrating a cover up.

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Nasheed contests JSC’s claim that Supreme Court ‘ruling’ and ‘counsel’ carry equal legal weight

The High Court has granted former President Mohamed Nasheed additional time to respond to procedural matters raised by the Judicial Services Commission (JSC) in the case submitted by his defense counsel, challenging the legitimacy of the three-member bench appointed by the JSC to his trial at the Hulhumale’ Magistrate Court.

The JSC, raising procedural issues, stated that the High Court does not have the jurisdiction to preside over the case submitted by the former president’s legal team.

Nasheed and his counsel stated several times during today’s hearing that the JSC’s procedural points were not completely clear.

The High Court judges panel gave Nasheed’s lawyers the opportunity to ask the JSC’s legal representation for clarifications, while posing additional questions regarding the same issue themselves.

They then stated that it was unclear why the JSC had asked for the counsel of the Supreme Court in deciding the composition of the bench, and the justification under which the JSC considered the Supreme Court’s counsel to be of the same legal weight as a ruling of the court.

In responding to the questions posed to them, the JSC revealed that the names of the magistrates they had sent to the Supreme Court for their counsel were not the names nominated by the Hulhumale Magistrate Court.

The High Court bench questioned JSC if there it is a procedure in place which allows the assignment of judges for specific cases.

The JSC responded that there were certain circumstances in which judges can be assigned for specific cases, adding that the commission had done so previously in certain cases.

The bench further asked the JSC several times as to whether they considered the Supreme Court’s ‘counsel’ a ‘ruling’. The JSC’s legal team confirmed that they did.

The JSC’s legal representation stated that the Hulhumale’ Court Bench had been established under the counsel of the Supreme Court, and that this held the weight of a Supreme Court ruling.

Nasheed’s legal team contested this, stating that ‘counsel’ and a ‘ruling’ of the Supreme Court cannot be considered to hold the same strength.

Upon receiving answers for some of the questions posed, Nasheed’s lawyers requested for more time to prepare a response, which the bench granted.

In concluding the hearing, the High Court judge’s bench stated that the next hearing of the case would be arranged in the near future, at which Nasheed’s legal team is expected to respond to the procedural matters raised by JSC.

The bench added that in an additional hearing which will be held closely following the next one, the High Court will reveal its ruling on the same matters.

JSC’s request to expedite case

In April, the JSC sent a letter to the High Court requesting that the case be expedited.

The letter was signed by JSC Vice Chair Criminal Court Judge Abdulla Didi, and it was later revealed that it had been sent without consultation with other members of the commission.

JSC member appointed from among the public, Sheikh Shuaib Abdul Rahman, told media that he believed the letter was sent under orders of JSC Chair Adam Mohamed, adding that the Chair did not have the authority to make such decisions without consulting the commission members.

“I believe that whoever advised for this letter to be sent has done so with the intention of influencing Nasheed’s case to be concluded in a particular way,” he had said at the time.

Shuaib’s contention was later backed by Speaker of Parliament Abdulla Shahid, who also sits on the commission.

However, JSC media official Hassan Zaheen stated that he did not believe that sending the letter would exert any undue influence or pressure, even though the JSC is currently looking into disciplinary matters concerning the Chief Judge of the High Court. He added that similar letters had been sent in the past at the discretion of the JSC Chair.

The case in question is one filed by the defense counsel of Nasheed, challenging the legitimacy of the panel of judges presiding over the case against him for the arbitrary detention during his administration of Criminal Court Chief Judge Abdulla Mohamed.

Nasheed and his party contend the case is a politically motivated attempt to convict and prevent him from contesting in the upcoming September 7 presidential elections.

Lawyers representing the JSC has even previously requested the High Court dismiss the case, contending the court did not have the jurisdiction to preside on the matter.

Upon accepting the case, the HIgh Court issued a stay order on Hulhumale’ Magistrate Court to suspend all criminal trials concerning the arrest of the judge until a ruling on the legitimacy of the bench is issued.

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Spray-painting “irreligious” on people’s homes risks sparking hate crimes: former police intelligence chief

Former Police Intelligence Chief Mohamed Hameed has expressed concern that a recent outbreak of graffiti, in which dozens of homes and public buildings have been spray-painted ‘laadheenee’ (‘irreligious’), could trigger hate crimes in the capital.

Hameed said the “highly provocative act”  required precautionary action from the police.

“The ‘laadheenee’ graffiti on many walls in Male’ is a serious issue, possibly leading to hate crimes. This has come up at a time when politicians are often speaking of religion, and [former President] Gayoom has himself just recently said that there are two ideologies in the country: religious and anti-religious,” Hameed stated, referring to a recent speech by the autocratic leader of 30 years.

“The graffiti came up shortly after that, and is mostly in yellow paint. It can be said it is targeting a specific group of people. This can lead to retaliatory acts from the target groups,” Hameed contended.

“With the looming elections, this might be an act deliberately orchestrated by a particular group of people to attempt to create chaos and delay elections, saying the country does not have a conducive environment in which a free and fair election can be carried out,” he said.

“It seems like the graffiti was put up late at night. Now, since there are no shops or cafe’s open 24/7, there are only a minimal amount of people out late. The police are out patrolling the streets at all hours so it should not be too much of a task for them to find out who is responsible for this. I think they probably already have an idea. I believe it’s very important the police investigate this matter and take precautionary measures,” Hameed stated.

The graffiti has since been altered to form a variety of other phrases ranging from “MullahDheen” (‘Mullah religion’) to “BinLaadheenTha?” (‘Is it Bin Laden?’).

“Political activism doesn’t strip me of religion”

Minivan News spoke to people living in some of the houses who woke up to see the label “Laadheenee” scrawled over their walls.

“We are not a high profile family, and usually just stay to ourselves, so I was very surprised to see this derogatory word on our wall. Perhaps it is because one of my sisters is very active in the anti-coup protests,” said the eldest son of one such house.

“None of us, even my sister, is intimidated by this. Why can’t people with opposing political views be like us? That’s what my Dad said too. We don’t run around vandalising the property of those sheikhs who preach hate, or their followers.”

A small street in Maafannu ward had the graffiti on a quarter of the houses along it.

“This street definitely has a lot of people living on it who support the MDP, but that doesn’t make us anti-religious in any sense,” said one resident, a 53 year-old housewife. “Political activism doesn’t strip me of my religion. This just displays their lack of maturity and political ineptitude.”

Another resident, a 24 year-old man, called the act ‘childish’, adding, “Seeing the graffiti, it was mostly anger I felt. This is obviously politically motivated. What right do they have to go around damaging the property of people they do not know at all?”

A 38 year-old man who lives alone in a house in Henveiru said he felt the graffiti was the start of something “larger and more menacing.”

“It’s like they have marked down the houses of people they mean to attack. The saddest thing is, although the word refers to religion, I doubt their intentions are anything but political. I hope the police look into this and ensure that none of us come to physical harm.”

“‘Laadheeneee’ is an old song, no one’s interested”: MDP MP

MDP Spokesperson Imthiyaz Fahmy described the painting of the graffiti as “a desperate political move” and “an old song that  people simply are no longer interested in listening to.”

“All this talk of religion and being anti-religious is a politically-motivated ploy used by a handful of politicians who have nothing else to come to the public with. They have no pledges, no manifesto, no policies: and because they have nothing to speak of, they resort to labelling those who do with derogatory terms,” Fahmy said.

“This particular instance is a crime according to both international law and the local law; I refer to the ICCPR (International Covenant on Civil and Political Rights) and the Religious Unity Act respectively. Because of the state our law enforcement system is in at the moment, we see no action being taken against crimes like this,” Fahmy said.

“It is this failure to act that led to the February 7 coup d’etat. The sad thing is that both the law enforcement forces and the judiciary are not working to deal with serious matters like this,” he continued.

“Religion does not belong to any man. It is between God and oneself. There is no justification for abusing religion in the competitiveness of politics,” he said.

Police Media Official Chief Inspector Hassan Haneef was not responding to calls at time of press.

Religion and politics

During an address given in Denmark, former President and MDP presidential candidate Mohamed Nasheed stated that the Maldivian people had largely rejected Islamic extremism, and, in a veiled reference to the Adhaalath Party – the only local political party which claims to be based on a religious ideology – noted that “the Islamists were never a credible electoral threat.”

“The Islamic extremists also didn’t like the Maldives’ new democracy because they were unpopular. They failed to win the presidential elections in 2008, they failed to win local government elections – in 2011 they won less than four percent of the vote. But now, after the coup, extremists have been rewarded with three cabinet positions in government, and in many ways set the tone of the government communications. They are busy trying to indoctrinate people with a misguided version of Islam,” Nasheed said.

“There is idea of wanting to return to Hejaz as it was in the 7th century. This is Wahhabism in principle. And it is difficult and worrying,” he had said at the time.

The religion based political party condemned Nasheed’s comments, alleging that “Nasheed misled them about the party he fears and envies most: the Adhaalath Party.”

The next night, the National Movement – comprising of Adhaalath Party and a number of NGOs – organised a several hundred strong march around Male’ calling on authorities to penalise Nasheed, with some calling for him to be hanged. They alleged that Nasheed had mocked Islam, the Sunnah of the Prophet and verses of the Quran.

Meanwhile, the MDP has released a statement condemning the use of “irresponsible and misleading” political rhetoric against Nasheed over his remarks on Islamic radicalism.

The party said “misleading” statements were made in the media by political parties and “those wearing the hats of sheikhs to use religion as a weapon.”

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JSC Chair asked to expedite Hulhumale’ Bench case without counsel of members: Sheikh Rahman

The Judicial Services Commission (JSC)’s request that the High Court expedite a case concerning the legitimacy of the Hulhumale’ Magistrate Court bench overhearing the trial of former President Mohamed Nasheed is an attempt to unduly influence the court, JSC member Sheikh Shuaib Abdul Rahman has stated.

“As I see it, a letter like this can only be sent after seeking counsel of commission members in a formal meeting,” Sheikh Rahman said, referring to the request sent by the JSC to the High Court on Sunday.

“However, I only heard about this letter in the media. The next day, I raised the issue at the commission’s meeting, and that is when they finally showed it to me,” he said.

“The letter was signed by the Vice Chair of the JSC [Criminal Court Judge] Abdulla Didi. Abdulla Didi would not send such a letter of his accord. I believe that what has happened here is that he has sent this letter under the orders of JSC Chair [Supreme Court Judge] Adam Mohamed,” he said.

Sheikh Rahman added that the JSC’s Chair was only granted authority to autonomously answer letters concerning administrative matters.

“This letter, however, is certainly not to do with an administrative issue, nor is it a response to a letter. They have taken the initiative and sent a letter to a court concerning an ongoing case, speaking of the case outside of court proceedings. There are already lawyers appointed for this. Such decisions must be made in commission meetings,” he stated.

“I believe that whoever advised for this letter to be sent has done so with the intention of influencing Nasheed’s case to be concluded in a particular way,” Sheikh Rahman declared.

“The JSC, even prior to the sending of this letter, is looking into a number of complaints against the Chief Judge of the High Court and some concerning him or other judges of that same court. The fact is that the JSC has the mandate to appoint or remove the High Court Chief Judge, therefore it is very likely going to exert pressure and influence when this oversight committee sends such a letter,” Sheikh Rahman explained.

The case in question is one filed by the defense counsel of former President Mohamed Nasheed, challenging the legitimacy of the three member bench appointed by the JSC to the case against him for the arbitrary detention of Criminal Court Chief Judge Abdulla Mohamed.

Nasheed and his party contend the case is a politically-motivated attempt to convict and prevent him contesting the presidential elections in September.

Lawyers representing the JSC previously requested the High Court dismiss the case, contending the court did not have the jurisdiction to preside on the matter.

Upon accepting the case, the High Court issued a stay order on Hulhumale’ Magistrate Court to suspend all criminal trials concerning the arrest of the judge, until a ruling on the legitimacy of the court’s bench is issued.

“Far more concerning cases”

Sheikh Rahman stated that there were other “far more concerning cases” pending in the country’s courts, which the JSC had not sought to expedite.

“There is a case concerning matters relating to the appointment of judges to the superior courts. The JSC has then appealed it at the Supreme Court. This case has been pending for over an year. Within this period, the JSC has sent only two letters regarding the matter,” Sheikh Rahman said.

“The appointment of judges to the superior courts is at a standstill until a verdict is reached on this case. This is a far more pressing matter.”

Not the first time such a letter is sent: JSC

JSC Media Official Hassan Zaheen initially declined from commenting on the issues raised by Sheikh Rahman.

“Shuaib is a member, right? Now when a member has said something, I do not know what to say with regard to that. As I have told media before, this is not the first time we have sent such a letter. I don’t know what has to be said.”

Approached for comments, JSC Vice Chair Abdulla Didi requested that Minivan News contact the JSC’s media official instead.

When informed that the media official had declined from commenting on the matter, Abdulla Didi stated that as media officer, Zaheen was mandated to respond to media.

“Just this week we decided in a commission meeting that Zaheen will answer all media queries regarding this matter, under the counsel of JSC Chair or myself. If he asks me for counsel, I will definitely not stop him from providing explanations. However, I am not the media person, so I do not want to comment on the matter to any media,” Didi said.

Under counsel from the Vice Chair, Zaheen later responded to Sheikh Rahman’s statements.

“I don’t know what Shuaib means by that. We [JSC] believe this is an administrative step taken in order to carry out our work in a more timely manner. The law says the chair, as the highest authority, can take administrative decisions,” he stated.

“It does not matter to us whether the case has to do with [former President Mohamed] Nasheed or whoever. As respondents, we have the right to make this request,” he continued.

“Remember the case of Abdulla Ghazi [Criminal Court Chief Judge Abdulla Mohamed]? When there was a case concerning him in Civil Court, this commission sent a letter asking it to be expedited. Even that letter was sent as an administrative letter under the Chair’s orders, not after a decision made in a commission meeting,” Zaheen explained.

Regarding the allegation that the letter may have exerted undue influence, Zaheen replied, “I do not believe that any influence will be exerted. JSC will look into disciplinary measures of any judges, as it is our mandate. That does not mean that we can’t send a letter when a case concerning us in being tried in one of these courts. Who else will come to raise that point? If, as you all claim, there is a conflict of interest, then there are policies the JSC has shared with the judges on how they can abstain from such cases. I trust the judges will do so if need be.”

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