Author: Ismail Humaam Hamid

Justice Ali Hameed appointed to the Judicial Service Commission

Supreme Court Justice Ali Hameed has been appointed to the Judicial Service Commission (JSC) by President Abdulla Yameen.

A media official from the judicial watchdog confirmed that Hameed would replace JSC President Justice Adam Mohamed, who resigned on Sunday (January 18) citing personal reasons.

Last year, the JSC cleared Hameed of misconduct charges, citing lack of evidence to support his alleged appearance in three sex tapes involving three different foreign women, which went viral in mid-2013.

Former JSC member and outspoken proponent of judicial reform Aishath Velezinee said Hameed’s “appointment to the JSC by the consensus of Supreme Court judges shows how low the courts have fallen”.

The commission voted against suspending Hameed last year, citing a lack of evidence, while the Maldives Police Service – which launched its own investigation – told the press that they been unable to determine if the man seen fornicating with the women was Hameed.

In its ruling last year, the JSC noted that the police had closed its own investigation into the case, and that the tape may constitute an act of espionage as it appeared to have been filmed by an unauthorised body, noting that it is against the Constitution to obtain evidence by unlawful means.

Corruption charges filed against the Supreme Court judge were also stalled last year after key documents were said to have been destroyed by a coffee spill at the Criminal Court.

Velezinee today described Ali Hameed as a puppet to the current regime saying: “Any judge who doesn’t deliver as directed will be subjected to action by the JSC. Ali Hameed has got a noose on his own neck – the sex tapes. The government can pull any time.”

“This compromises the independence of the judiciary as the old system would now prevail,” added Velezinee, stating that the current government would now be able to control the decisions of the courts.

The ten member JSC includes representatives from High Court, the trial courts, the People’s Majlis, the public (appointed by the Majlis), the attorney general, the chair of the Civil Service Commission, the Majlis speaker, a presidential appointee, a practising lawyer, and a Supreme Court judge nominated by his peers.

The appointment comes less than a month after the JSC found Hameed’s fellow judges on the Supreme Court – Chief Justice Ahmed Faiz and Justice Muthasim Adnan – unfit to continue to serve on the bench in a ruling made available to neither the public nor MPs.

The secrecy of the decision did not prevent the Majlis voting to remove the pair three days later (December 14), in a move described as having “severely jeopardised” the country’s judicial independence by Commonwealth groups.

The Civil Court and several prominent lawyers also condemned the JSC’s recommendation to remove the judges, saying that the People’s Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the bench without due process, through an “unconstitutional” amendment to the Judicature Act.

United Nations Special Rapporteur on Independence of Judges and lawyers Gabriela Knaul also expressed serious concern over the decision, saying that it would “have a chilling effect on the work of the judiciary at all levels”.

In a 2013 report, Knaul noted that political polarisation in the Maldives had meant that the “commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly”.


Related to this story

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Government had no choice but to increase teachers’ salary: MDP

The opposition Maldivian Democratic Party (MDP) has said today that the government decided to increase teachers’ salaries only because it was left with no other choice.

Speaking to the press today, the chair of the MDP’s education and training committee, former education minister Dr Musthafa Luthufee, said that the government had no intention of increasing teachers’ salary until the end of 2014.

“It was not included in the budget, and teachers demonstrated and threatened to strike. The salary increment was announced after even the government started providing wages for athletes,” said Luthufee.

The Ministry of Education announced the salary increases earlier this month, with some teachers’ pay jumping by up to 35 percent.

The salary increments came after repeated protests last year, with 90 percent of teachers protesting in September– wearing black clothing to raise awareness of poor pay, inadequate protection of teachers, and the failure to grant the Teachers Association of Maldives official recognition.

The MDP education committee also alleged today that since the government has decided to significantly increase the salaries of those teachers with a diploma, a degree or a Master’s degree, a lot of teachers who do not fall into these criteria are at a loss.

“1200 teachers have applied to study for diplomas at Mandhu college,” said Luthufee. “This will have negative social impacts on teachers who have certificate level qualifications, especially in small islands.”

Speaking to the press earlier this month (January 10), education minister Dr Aishath Shiham said President Abdulla Yameen had fulfilled his pledge to honour teachers, and that the government’s aim was to employ qualified teachers and provide them with adequate pay.

However, Vice Chair of the MDP education committee Shifa Mohamed – also a former education minister – argued that the structure of the increments was not properly planned or researched.

“For example, most Dhivehi teachers have a language degree, not a teaching degree. How will these teachers get increments?” asked Shifa.

The MDP also severely criticised the government for failing to consult with the relevant stakeholders regarding the new grade one to three syllabus.

“A new syllabus does not only mean new text books,” said Luthufuee. “The syllabus is very important as it holds the power to eventually shape these individuals in 18 years’ time.”

The education committee said that a new syllabus should only be implemented after holding consultations with students, teachers, parents, education experts, religious experts, and other relevant stakeholders.

The spokesperson for the ministry of education was not responding to calls at the time of publication.

The ruling Progressive Party of Maldives is trying to make it seem as though the syllabus is the creation of the current government alone, while in fact it is the product of numerous individuals over many years, argued the MDP committee today.


Related to this story

President Yameen announces rise in teachers’ salaries

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Education Ministry hikes teachers’ pay by 35 and 15 percent

Teachers’ Black Sunday protest prompts government talks, strike decision pending

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Police regulations do not adequately protect constitutional rights, says MDN report

Current policing regulations do not adequately address and protect the rights guaranteed to all citizens by the Constitution, says the Maldivian Democratic Network (MDN).

After reviewing the relevant laws, MDN’s ‘Review of the legal framework of Maldives Police Service’ found “worrying signs of an erosion of the democratic policing framework enshrined in the Constitution”.

“The police are being vested with greater powers and discretion without the prerequisite checks,” read the report released yesterday. “Alarmingly, these dangerous trends are being written into law.”

Speaking at the launch ceremony yesterday, Deyvika Prasad from the Commonwealth Human Rights Initiative (CHRI) did note that, even though there are problems with the Maldives’ police regulations, it was good to have such procedures in place.

Prasad said that the Maldives was the first in the South Asian region to come up with a policing strategic action plan, and that the 2008 Maldives Police Act is the only national police legislation in the region which is not a colonial-era Police Act.

The review’s stated intention is to “identify legal gaps” within the current legal framework to ensure compatibility with both the Constitution and international standards.

It noted that as the police regulation came only three months after the ratification of the new constitution in 2008, “there was a lack of practice or practical experience among the law enforcement agencies relating to implementation of these procedural rights and the boundaries of such rights”.

Among the issues described in the report, the procedures in the police regulation regarding the powers to arrest and detain without a court warrant were called “highly problematic” and in contradiction to Articles 46 and 49 of the Constitution.

The NGO recommended that regulations be reviewed and rewritten in order to “ensure safeguards in the constitution are maintained”, and to review the provisions relating to arrests and detention in light of the Supreme Court’s decisions and relevant interpretations provided by the judiciary.

MDN Executive Director and former President of the Police Integrity Commission (PIC) Shahinda Ismail said the report had been compiled after consultations with various stakeholders including the Human Rights Commission of the Maldives, Transparency Maldives, and the UNDP.

The Maldives Police Services and the Police Integrity Commission had been invited to participate in the consultations but the MPS did not respond to the invitations while the PIC declined to take part.

Police earlier this year labelled a report published by MDN into the disappearance of Minivan News journalist Ahmed Rilwan “politically motivated” and “irresponsible”.

The review was produced as part of the police reform project by Commonwealth Human Rights Initiative (CHRI) conducted in South Asia. Former Prosecutor General (PG) Ahmed Muizzu’s law firm Muizzu and Co LLP acted as the local consultation for the review.


Related to this story

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NGOs suggest government’s failure to engage is damaging civil society

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Opposition condemns Defense Minister Nazim’s apartment raid

The opposition Maldivian Democratic Party (MDP) has condemned the police raid on defense minister Colonel (retired) Mohamed Nazim’s apartment in the early hours of Sunday morning (January 18).

In a press statement released yesterday, the party expressed concern over the lack of information made available regarding the raid, noting that a “police raid on a defense minister’s house is not an issue which can be taken lightly”.

Media reports suggested that masked officers forcefully entered the premises in the Galolhu ward of Malé at around 3:30am, searching the apartment of Nazim’s wife and the apartment opposite.

After the President’s Office had expressed its continued confidence in Nazim yesterday, the minister announced via twitter that he was unaffected by the incident.

Meanwhile, former President Mohamed Nasheed has alleged that Nazim’s house was searched in order to confiscate a letter written by Minister of Tourism Ahmed Adeeb to the Department of Immigration and Emigration.

“I have received information that one of the items police was looking for was a letter written by Adeeb when he was temporarily in charge of the ministry when Nazim was on holiday,” said Nasheed before departing to Abu Dhabi to take part in Zaid Future Energy prize last night.

Nasheed said the letter had requested the immigration department allow some individuals to travel to Syria for Jihad, and that Nazim had obtained the documents after arriving back at the ministry.

However, Adeeb told Minivan News today that there was no such letter, saying “all government letters are passed through computerised system”.

“If there was such a letter, it would be impossible to hide it,” he added.

The same day on which Adeeb was appointed as acting defense minister (January 4), reliable sources told Minivan News that Azlif Rauf – a suspect in the murder of MP Dr Afrasheem Ali – left the country for jihad in Syria with six members of Malé’s Kuda Henveiru gang.

Earlier this month, however, the Criminal Court told Minivan News that there were no pending charges against Rauf, and so no reason for immigration to have held his passport.

Police have told Minivan News today that they have no further information to give regarding the raid on Nazim’s apartment.

Elsewhere yesterday, crowds gathered outside Jumhooree Party leader Gasim Ibrahim’s home after rumours of an imminent police raid on his house in Maafannu ward.

“I am not trembling,” Gasim told press gathered outside his home. Flanked by senior MDP members, Gasim said that he was willing to work with anyone who stands to defend the Constitution and that he will stand firm in spite of intimidation.


Related to this story

Police raid Defence Minister Nazim’s home in early hours

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JSC President Justice Adam Mohamed Abdulla resigns

Judicial Service Commission (JSC) President Justice Adam Mohamed Abdulla has resigned from the commission (January 18).

A JSC press statement released today explained that the Supreme Court justice had submitted his letter of resignation, saying that Adam Mohamed had requested to be excused, citing personal circumstances.

He has been a member of the JSC since 2010, when he joined as a High Court judge.

The resignation comes less than a month after the JSC found Adam Mohamed’s fellow judges on the Supreme Court, Chief Justice Ahmed Faiz and Justice Muthasim Adnan, unfit to continue to serve on the bench, in a ruling made available to neither the public nor MPs.

The secrecy of the decision did not prevent the Majlis voting to remove the pair three days later, in a move described as having “severely jeopardised” the country’s judicial independence by Commonwealth groups.

The Civil Court and several prominent lawyers also condemned the JSC’s recommendation to remove the judges, saying that the People’s Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the bench without due process, through an “unconstitutional” amendment to the Judicature Act.

United Nations Special Rapporteur on Independence of Judges and lawyers Gabriela Knaul also expressed serious concern over the removal of the judges saying that the decision will “have a chilling effect on the work of the judiciary at all levels”.

In a 2013 report, Knaul observed that the JSC had a “complicated” relationship with the judiciary due to competing claims with the Prosecutor General’s Office over jurisdiction regarding complaints against judges.

Knaul noted that political polarisation in the country had meant that the “commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly”.

Adam Mohamed himself faced a number of challenges from within the commission during his tenure as president, with commission member Shuaib Abdul Rahman filing no-confidence motions against him in 2013.

Rahman accused Mohamed of failing to back the JSC’s investigation of Supreme Court Justice Ali Hameed’s sex-tape scandal, and of abusing his power to release press statements on behalf of the commission.


Related to this story

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The Island President producer rubbishes claims of state expenditure for film crew

San Francisco based Actual Films has rubbished suggestions that its travel and accommodation expenses were paid for by the President’s Office when filming ‘The Island President’ in 2009.

Producer Richard Berge said the claims were “completely and categorically untrue”, describing them as “a thinly-veiled attempt to discredit the Island President”.

“Actual Films demands that President Yameen’s office makes a full and public apology for misleading the Maldivian and wider public,” he continued, in press statement from the film company.

The award-winning film was based around Nasheed’s presidency and his efforts to garner diplomatic support to combat climate change during the 2009 United Nations Climate Change Conference at Copenhagen.

In an article titled ‘Excessive government spending on President Nasheed’s film and media crew!’ published on January 14, Haveeru said it had obtained documents showing that the President’s Office had borne some expenses of the Actual Film crew during filming.

The paper claimed that the crew was included in the presidential delegation for three of Nasheed’s trips: a UN meeting at New York in February 2009, a high level climate change conference at New Dehli in October 2009, and the Copenhagen conference itself in December 2009.

The paper noted that the documents obtained did not reveal the amount spent on the crew.

The claims, in numerous media outlets, emerged shortly after Nasheed had demanded details regarding the expenses of President Abdulla Yameen’s frequent visits to Singapore, stating that the details were a public right under the Information Act.

Speaking to Minivan News last week, President’s office spokesperson Ibrahim Muaz said that he would gladly comply with the spirit of the Information Act: “even if President Nasheed’s travel expenses and information on how many foreigners he employed, by the state, was requested.”

The President’s Office was not responding to calls at the time of publication.

Revealing details of the New York trip in February 2009, the company said that it had not entered into an understanding with Nasheed at the time of the New York trip in February 2009, and that the company did not meet Nasheed until late June that year.

Regarding the New Delhi trip in October 2009, Actual Films said that the plane was provided and paid for by the Indian Prime Minister’s Office, and that two Actual Film employees accompanied the delegation in seats that were otherwise empty, saying: “there was no cost to the Maldives government”.

Turning to the Copenhagen trip, the film company said its records showed it had paid approximately US$12,000 for all crew to travel to and from Copenhagen.

Furthermore, the film company said it had spent close to US$18,000 for hotel expenses during the trips. It also dismissed claims that Nasheed had travelled to the US on the Maldivian state’s budget to check and edit the documentary, adding that Nasheed first saw the film at its premiere during the Toronto International Film Festival in September 2011.

Haveeru also reported that Nasheed’s government had spent excessively on PR during his term, claiming the President’s Office had spent MVR2.86 million (US$185,000) on three British employees.

However, members of the team defended the expenses, saying that during Nasheed’s term the Maldives had enjoyed an enviable international reputation on democracy, human rights and the environment.


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Oceans new – Maldives’ first female boat captain

Aishath Rizna maneuvered Kurumba Maldives’ two tiered speed boat out of the Malé harbour with an expertise surprising for a young captain who’d just gotten her license.

We were sailing against the wind, but her command of the vessel rivaled that of any seasoned captain – a post traditionally held by men. Rizna is the Maldives’ first active female boat captain.

“I feel confident on a speed boat. It’s really cool,” the 24-year-old told us 15 minutes later at Kurumba Maldives’ café lounge. She is sun-tanned, clad in a blue shirt and white shorts.

Rizna, also known as Rizu, joined Kurumba at the Children’s club three years ago, but jumped at the chance to train as a boat captain after Kurumba fleet manager Shameem offered the opportunity.

“The fleet section is traditionally an all-male section. This is very inspirational for the management team,” said a beaming Jason Kruse, Kurumba’s General Manager.

Inspirational Family

Rizu draws inspiration from her family which she says has a history of strong, self-sufficient women – proudly describing her mother’s skills for electrical work and how her grandmother still climbs trees at the age of 67.

She had grown up swimming, fishing, and driving boats as a child on northern Funadhoo Island in Shaviyani Atoll, before moving to Malé for secondary education.

“My father is a fisherman while my mother is a housewife,” said Rizu as she sipped orange juice. “When I was small I used to go fishing with my father on a small boat.”

Rizu said that her family is very proud of her becoming the country’s first active female captain, especially mentioning her father, who is very happy about his daughter’s achievements, encouraging her to move forward.

While school bored her, she always enjoyed snorkeling, diving, water sports. For her, working at Kurumba – and combining captaincy and recreation – is now a “vacation, more than work”.

Journey to captaincy

“When Rizu came, she was very quiet and shy, but you can see her confidence build throughout and now, she leads her own crew,” said Jason.

Rizu described her journey to captaincy as one of difficulty – training for a few hours every day during her free time – while recounting her very first boat lesson in which she spent over two hours practicing how to bring the boat to a perfect stop.

“The first few days were very challenging,” she explained. “It was very difficult but I always thought next time I will do better.”

Along with the practical aspects of boating – acquired from experienced captains working in the Kurumba fleet, she also had to learn the national regulations on seafaring and navigational theory.

“The crew was very helpful. They do not get angry at me even if I make mistakes, but instead they would give me a couple of lessons on how to correct my mistake,” said Rizu of the all-male crew under her captaincy.

Speaking of Rizu’s achievements, fleet manager Shameem shows great pride: “This is something I thought I’d never see.”

Opportunity for women in hospitality

Meanwhile, Rizu rejected rumours regarding female employees in the tourism industry.

“Resort managements have very good rules and regulations and local employees are not allowed to do whatever they want,” she said.

“People think that local employees would start drinking or go the wrong way, but we are not allowed to do any such thing,” said Rizu. “Instead, there are plenty of recreational activities to keep us occupied.”

Jason also highlighted the importance of increasing the female ratio of Maldivian employees in resorts, saying that there is increasing demand from female Middle Eastern clients for all female services.

“We are trying to increase our Maldivian female ration in the resorts. It’s a certain area we are making some changes in order to encourage more Maldivian girls to join the resort.”

Jason shared ideas of developing an all female crew speed boat which would be able to take such clients on excursions where they could confidently enjoy the full Maldivian experience by disrobing before a swim.

He shared Kurumba management’s ethos of breaking boundaries by getting more females into the industry, while pointing out that the resort currently employs two local women as trainee chefs and that the spa department was also headed by a woman.

Heading out from the resort back to Malé, Rizu said that becoming a boat captain is just one step towards her ultimate dream: “travelling to every island in the Maldives in my own boat”.

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Civil court rules against Yacht Tours over West Park dispute

The Civil Court has issued a sentence stating that the Malé City Council is not liable to pay damages to Yacht Tours Pvt Ltd after the company filed a case accusing the council of breaching the terms of the West Park Cafeteria lease.

The sentence issued today (January 13) said that “as it was not proved to the court that the city council had breached the agreement between the council and Yacht Tours, the court does not find the council liable of any damages to Yacht Tours.”

Yacht Tours – owned by former Kaashidhoo MP Abdulla Jabir – filed the case after the city council leased out West Park to former professional tennis player Amir Mansoor in September 2012.

Jabir accused the council of breaching a contract made in 2005, when the city council was known as the Malé Municipality.

The company had accused the council of breaching Article 11 of the contact which stated that the company should be granted the opportunity to extend the contract before it expires, while requesting the court to issue a temporary order prohibiting it from handing West Park to another party.

However, the court sentence today stated that the company was unable to prove it had formally requested an extension to the contract six months prior to the termination as required under Article 11 of the contract.

The Civil Court had previously thrown out the case after the then Yacht Tours Lawyer Mohamed Anil refused to accept a chit handed to him by the court, in which the council accused the company of trying to drag out court proceedings in order to garner profit from the café.

Speaking at the court the second time the case the was filed, former Attorney General Diyana Saeed – also Jabir’s wife – represented Yacht Tours, saying that Anil had refused to accept the chit without consulting the company.

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City council dismisses allegations of MDP favouritism at City Hall

Malé City Council (MCC) has dismissed suggestions made by the housing minister that it favours the opposition Maldivian Democratic Party (MDP) when renting out Malé City Hall.

An MCC press statement released yesterday (January 11) said the council rents out the hall in accordance to the constitution, laws, and relevant regulations, and that the council does not give preference to any party or individual when renting out the public space.

In a tweet posted on Saturday (January 12) housing minister Dr Mohamed Muizzu alleged that the council premises were “not being used to serve the public”, but instead as an MDP headquarter.

The council’s response condemned the remarks, assuring the public that all private and public events were held at City Hall without discrimination.

The council – dominated by MDP members – also noted that in 2014 alone the council received MVR158,150 (US$10,300) from renting the hall, and that the entire sum has been transferred to the finance ministry to be added to state reserves.

Speaking to Minivan News yesterday, Malé City Deputy Mayor Shifa Mohamed said that the “government is coming up with lies and excuses to take over the building from where MCC is run, after it has already transferred all public spaces and roads under the Council’s authority.”

Shifa has previously suggested that the government was plotting to “destroy decentralization” after the housing ministry seized numerous plots of land from the council including two parks, the artificial beach, carnival area, south harbor, Usfasgandu, Dharubaaruge, and land near the T- Jetty.

With the removal of road maintenance duties in the capital late last year, the council has said it remains in charge only of facilitating construction, issuing death and birth certificates, and cleaning mosques.

Last month, the council expressed concern after 377 of its employees were transferred to the Ministry of Housing and Infrastructure without prior notice – constituting over a third of its workforce.

Speaking at the time, Mayor Mohamed Shihab said that the council has only been operating within the powers granted to it by the Decentralisation Act, adding that the government has been persistently making its work difficult.

In November 2014, nearly all services at the council came to a halt after police confiscated important documents and several hard drives, including the server system necessary for daily operation.

Police searched and confiscated the council’s office on the night of November 26 after a search warrant was requested from the Criminal Court regarding a corruption case against council staff.

However, the council denied the corruption allegations, which had alleged staff had used documents sent by the housing ministry to gain unlawful advantages.

Speaking at the time, Maafannu Hulhangu Constituency Councillor Shamau Shareef said the incident was one of many intended to intimidate the council and to prevent it from providing the services to the people of Malé.

October also saw masked individuals wielding machetes cut down over 30 council-owned areca palm trees along the capital’s main thoroughfare, Majeedhee Magu  – an attack former President Mohamed Nasheed alleged was carried out by off duty special operations officers.


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