Category: News in Brief

Maldives facing serious constitutional crisis: Eurasia Review

There is no doubt that the judiciary in the Maldives is in a mess with many unqualified and incompetent people having made it into the judiciary in the void created during the transition period, writes Dr S. Chandrasekharan for the Eurasia Review.

“The ICJ report of July 2010 pointed out the legacy of an authoritarian past in which the President was the supreme judicial architect that has tested the transition.

“Another factor which inhibited proper selection was that the Judicial Service Commission failed to fulfill the constitutional mandate of properly vetting and reappointing the judges. Even the composition of the commission was questionable. Imagine Gasim Ibrahim being a member – he is a politician and leader of one of the active political parties. He has extensive business interests and there will be an unavoidable clash of interests.

“In the year 2005, the then Attorney General and now a leader of the DQP has himself reported against the judge and the allegations included misogyny, sexual deviance, throwing out an assault case despite the confession of the accused. The Judicial Commission took its own time to enquire into the allegations and meanwhile the judge approached the civil court and stopped the enquiry!

“The judge would have got away with all this but what triggered the anger of the government was that he issued orders for immediate release of two persons from custody – Dr Jameel, the Vice President of DQP and Sandhaanu Didi for asserting in a private broadcasting station that the government was working with the Jews and Christian priests and encouraging vice. Didi went further and made personal attacks against President saying that the President was a madman and a Christian!

“Confronted by the police, the two were not able to substantiate the allegations and were therefore taken into custody under 125 of penal code which said that a ‘person can be punished for making a fabricated statement or repeats a statement whose basis cannot be provided.’

“The Chief Judge of the Criminal Court Abdulla Mohamed ordered the immediate release of the accused and the Police with the help of the MNDF in turn arrested the judge of the criminal court.
Police Sources say that the Judge was arrested for unethical conduct in obstructing the Police in exercising their responsibilities to preserve law and order in the society.

“The High Court ordered the release of the judge stating that the arrest was illegal. The Chief Justice Ahmad Faiz and the Prosecutor General also issued orders for the immediate release of the judge.

“The JSC (Judicial Service Commission) also issued a press note that it is not in the jurisdiction of the armed forces or the Police to take action against the judge.

“The Vice President has in his blog has said that the arrest is against article 319 of the “Universal Declaration of Human Rights. Further it is against the international covenant of civil and political rights and international convention for the protection of all persons from enforced disappearance. He suggested that the judge should be released and then make the JSC fulfill its responsibilities.

“The Secretary General of SAARC and a former attorney General Fathimath Dhiyana Saeed, the youngest and the first female Secretary General, condemned the arrest in a television programme and said that it is a “violation of individual human rights, a violation of independence of the judiciary and a violation of the constitution.” She has put in her resignation papers after the broadcast.

“A team of lawyers filed a case against MNDF in the High Court over the illegal arrest of the judge. A case has also been filed in the International Court of Justice over the arrest.

“President Nasheed appears to be unrelenting and has justified the arrest. He has separately approached the UN for help in cleaning up the judiciary- immediate issues and the long term issues that includes the failure of the judicial accountability mechanism in the constitution.

“It looks that President Nasheed has over reached himself in firstly arresting and in refusing to release the judge when the overwhelming public opinion is against taking such a drastic action. He should have taken this strong stand last year during the transition when some of the judges appointed by the previous regime were found not having “high moral character, educational qualifications or competence.”
One of the charges against the judge now arrested was that in 2005 he was alleged to have requested the under age victim of molestation to re enact her abuse in court. The charge could not be enquired into by the judicial service commission as the judge got a stay order from the civil court.

“By this one act of arrest, President Nasheed is likely to antagonise all his admirers and sympathisers. Earlier it is undone, better it would be for all concerned.”

Full story

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Amana Takaful opens shares for trading Feb 8

Amana Takaful has announced that its initial public offering (IPO) of 800,000 shares will open for trading on the February, along with a further 11,441,187 bonus shares.

The Sri Lanka-based sharia-compliant insurance company had previously announced an IPO of 800,000 shares in September last year.

General Manager of Amana Takaful, Hareez Sulaiman, said in a statement that the total number of shares issued were 20,241,987.

“The Maldives economy, no doubt, has huge potential for growth, but needs foreign and local investments,” Sulaiman said.

“An active stock market is what will attract this investment. Therefore, we expect not only our valued shareholders but also other individuals and corporates to actively take part in the stock market.”

The company had previously shared its hopes of generating Rf16 million (US$1.4 million) in proceeds through the IPO, by selling shares at a low issue price of Rf20 (bundled in packages of 25).

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Government will not yield to “small groups who terrorise and vandalise public spaces”: President

President Mohamed Nasheed has said the government will always respect the people’s voice but will not cave under the pressures of small groups who terrorise and vandalise public spaces.

Speaking a ceremony informing islanders of upcoming development projects in Laamu Atoll Gan, the President declared that street violence will not bring down the government – a statement he claimed was especially clear to himself and his party (Maldivian Democratic Party/MDP).

Referring to the series of anti-government protests which have persisted on Male’ for nearly three weeks, the President said the protesters’ call to release Criminal Court Chief Judge Abdulla Mohamed from Special Forces custody stemmed from their frustration with losing power.

He added that the opposition’s attempt to regain power by taking to the streets is a hindrance to national development, further stating that the protests are an abuse of the people’s constitutional right to free expression.

Instead, he requested constructive criticism from disgruntled parties.

Observing that many of the Maldives’ sectors are comprised of educated professionals, he regretted that the judicial courts had not been established along similar lines.

President Nasheed also indicated that all the institutions in every sector of the country comprised of well educated and trained professionals, but expressed his regret stating that he has been unable to elevate the judicial courts to similar standards.

“Our aim is to appoint qualified and responsible Judges to our court houses similar to the standards of the social and economic institutions in the nation,” Nasheed said.

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Chief of Defence Force not responsible for Judge’s arrest: AG

The Attorney General’s (AG) office has said Chief of Defence Force Moosa Ali Jaleel can not be held individually responsible for the arrest of Criminal Court Chief Judge Abdulla Mohamed.

The AG had appealed the Criminal Court summons of Jaleel, who never appeared as per the court’s original summons.

Presenting the AG’s appeal at the High Court Deputy Solicitor General Ahmed Usham reminded those present that Judge Abdulla’s lawyers had filed the case against Jaleel at the Criminal Court, citing the judge’s arrest by Maldives National Defence Force (MNDF) on the request of Maldives Police Service, local media reports.

Usham contended that the decision to arrest the judge was made by MNDF, which therefore should be summoned to the court. As Chief of Defence Force, Jaleel cannot be summoned over a case with which he has no direct affiliation.

Usham said the Attorney General’s office would represent the MNDF at court in the event that it is summoned.

When asked to specify the reasons why the Chief of Defence Force could not be summoned to court over the matter, Usham referred the court to the AG’s office.

Observing that the constitution requires every person and institution to comply with court orders, the court next inquired why Jaleel had not presented himself at the Criminal Court.

Usham responded that the High Court had issued a counter-stay order.

According to local media, the court will announce its verdict at the next hearing.

Meanwhile, Police Commissioner Mohamed Faseeh has also been prevented from appearing at the Criminal Court by a counter stay order on appeal at the High Court.

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MDP islanders protest failure of justice on Thinadhoo

Gaaf Dhaal Atoll Thinadhoo island court was held under locked conditions by supporters of ruling Maldivian Democratic Party (MDP) for failing to administer justice within the courts.

After entering the court room to protest their grievances the islanders were escorted outside by a court official who locked the door. The crowd subsequently grabbed the court keys from the official and later handed them over to police, one islander said.

Gaaf Dhaal Atoll Gadhdhoo court magistrate Mohamed Ragib Ahmed was also prevented from coming to the island today, where he was to rule on a defamation case against MDP council member Mohamed Hassan Didi.

According to local media, Ragib was transported by police on a gulf craft launch to Thinadhoo where approximately 200 MDP supporters prevented him from coming ashore. Meanwhile, five men boarded the launch and several others tailed him back to Gadhdhoo.

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Maldives UK’s most desirable travel destination: Kuoni

The Maldives has topped a poll of most desirable travel destinations among its UK customers, according to a study by tour giant Kuoni. The country has held the rank since 2005.

The Maldives was followed by Thailand, Sri Lanka, the United Arab Emirates (Dubai) and the USA, including New York holidays.

“The Maldives also retained its top slot for honeymoon destinations and topped the wish list for digital natives, better known as Generation X, Y and Z. Sri Lanka holidays retained ‘Number one Destination for Weddings’, Kuramathi Island Resort in the Maldives kept the top slot for ‘Family Destinations’, as did Thailand holidays for solo travelling,” read a statement from the tour operator.

Specific trends in demand identified in the customer survey were, according to Kuoni, “a thirst for discovery, authenticity of experience, social responsibility, and face to face contact with a travel expert when booking.”

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President surveys schools, sewerage and courts in Laamu Atoll

President Mohamed Nasheed today met with Isdhoo Island Council while visiting the island, one of several stops on his tour of Laamu Atoll.

Among the topics addressed was improving educational standards by making the island school a single-session school.

The President also discussed linking Isdhoo and nearby Dhanbidhoo with a causeway, and inspected the island’s health centre, school and the construction site of the magistrate court.

Today, the President also launched the Fonadhoo Sewerage System.

This evening, islanders are invited to the presentation “Kolhumadulu Hadhdhunmathi – Tharaqqee ge Kulavaru” on Gan island, which intends to inform the people of the government’s plans for atoll development.

The Laamu tour is scheduled to include meetings with the local island councils and the opening of a mid-market resort and diving village on Gan.

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First national sports awards presented in Maldives

National sports awards were presented to gold medal winners of international sports events by President Mohamed Nasheed during a ceremony at Dharubaaruge last evening.

This is the first year that the awards have been given.

The award program is designed to give national recognition to winners of various international sports events.

Speaking at last night’s function, the President said sports make valuable contributions to the formation of a national identity. In this regard, the role of sports in the lifestyle of Maldivian youth is important, he explained.

The President further said that expanding opportunities for citizens to engage in sports and increasing sport program funding is a government priority.

Between 2012 and 2013 the government currently plans to spend Rf600 million (US$38.9 million) on sports.

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