Category: Politics

Police release two suspects in Afrasheem murder case

Police have released one man and a minor arrested in connection with the murder of Progressive Party of Maldives (PPM) MP and religious scholar Dr Afrasheem Ali.

Local newspapers have identified the man released as Ali Hashim ‘Smith’. Minivan News understands that a 17 year old boy was also  released last week, on condition that he not talk about the police investigation or face rearrest.

The Criminal Court extended the pretrial detention period of the suspects arrested in the Dr Afrasheem’s murder case.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Immediately prior to his murder Afrasheem had made his last public appearance on a live talkshow on TVM titled “Islamee Dhiriulhun” (Islamic Living).

In his last words, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance and disputed that there was any religious motivation in the death of the moderate scholar.

The Maldives Police Service (MPS) has sought assistance from the US Federal Bureau of Investigation (FBI) and the Singaporean police to analyse 200 items collected as evidence during the ongoing investigation.

Evidence gathered so far includes recordings of phone conversations, forensic samples and over 300 hours of CCTV footage, which were being analysed at the police forensic laboratory with the help of foreign experts.

Meanwhile, former President Mohamed Nasheed has publicly alleged that the people behind the MP’s murder have fled the country.

He made the remarks during a rally held in Haa Dhaal Atoll Vaikaradhoo Island in Maldivian Democratic Party (MDP)’s ongoing campaign trip ‘Vaudhuge Dhathuru’ (Journey of Pledges).

Nasheed said that two foreign intelligence agencies had informed him that the murder of Afrasheem was related to an incident that took place in a neighboring country and that the culprits had fled to a Middle Eastern nation after murdering the Maldivian MP.

“According to information I received, the person who murdered Dr Afrasheem fled the country on the same night the murder took place. This murder is related to an incident that took place in a neighboring country. This is an international issue. I was informed of this by the intelligence agencies of two friendly states,” he said.

Nasheed expressed his disappointment over the senior officials of the current government, including cabinet ministers, who had politicised the case, accusing the MDP of murdering the MP for political gain.

Despite the allegations, Nasheed contended that his party would neither commit such a gruesome act nor use it for political gain. He also said that despite all the false allegations, the party had won twice the number of votes it did in 2009, during the recently held by-election to elect a parliamentarian to the vacant seat.

After rigorous campaigning, PPM candidate Ibrahim Ameen won the by-election 1159 votes in polling held on the islands of Ungoofaaru, Hulhuduffaaru, and Maakurathu, all in Raa Atoll, as well as a special polling station in Male’. He defeated MDP candidate Dr Ahmed Ashraf who had 1078 votes.

The former president meanwhile also alleged that the police were trying to force out a confession from those currently under arrested in connection with the murder. This confession, he said, would be used to hold trials against the suspects to cover up the real case. Nasheed said the suspects should not be tried on confessions extracted in such a manner.

“Trial should not be held based on confessions. I urge the police to properly investigate the case. But even as I say this, I know that [Commissioner of Police] Abdulla Riyaz does not have the capacity to do this. That is because he is busy defending this government that was brought in through a coup, instead of being concerned for the general well being of the public,” he said.

“Highly concerning” – Home Minister Mohamed Jameel Ahmed

Meanwhile, Home Minister Mohamed Jameel Ahmed expressed concern over Nasheed’s remarks and said his statements “needed to be included in the investigation”.

Speaking to local newspaper Haveeru, Jameel claimed that Nasheed had been speaking about the murder differently in every island he had been visiting.  The Home Minister said that he felt that public remarks made on a case that is being investigated should be considered a criminal offence that needed to be addressed.

“From the day Afrasheem was murdered, the remarks made by Nasheed have been highly concerning. It is not a good thing for politicians to use the case for political influence. One should always consider the fact that it may involve a hidden motive,” he said.

“This not a practice that would be accepted anywhere in the world,” he added.

Jameel affirmed that Nasheed’s remarks which he claimed to have been following information from foreign intelligence agencies would be included in the murder investigations.  Jameel also called on him not to make  emarks that would hinder the ongoing murder investigations.

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Police covered-up involvement in death of bystander, suggests leaked CCTV footage

Leaked CCTV footage has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17.

Reporting the accident at the time, newspaper Haveeru stated that that according to police, two individuals on a motorbike had stolen a mobile phone from a foreigner on Majeedhee Magu and sped away on a motorcycle. Police had then ordered them to stop, but the two men had ignored the orders and fled from the scene at high speed.

Police said the speeding motorcycle hit the 43 year-old who was sitting on a parked motorcycle in front of the Justice Building, who was subsequently transferred to hospital with head injuries. The other two men were taken into police custody and charged with theft and speeding to avoid arrest, and the stolen phone was retrieved and returned to its rightful owner.

At the time of the accident, police told local media the accident had occurred due to the speeding motorcycle’s collision with Ibrahim’s motorcycle. They had made no mention of any police involvement in the collision aside from ordering the motorcycle to stop.

However, footage leaked on social media – which appears to be from a camera on the wall of the Presidential residence of Hileaage – shows a police officer stepping in front of the speeding motorcycle and appearing to hit the driver on the head with a baton as he rides past.

The driver loses control and collides with Ibrahim sitting on his motorcycle just in front of the Justice Building entry, causing both to fly off their vehicles. The police officer retrieves an object from the ground and wanders away, as other police and a military officer rush to the scene.

Ibrahim’s widow Naseema Khaleel at the time of the collision shared details of his condition with the media: “Doctor says he is 99 percent braindead. He has been kept on the ventilator from day one. The doctor said they’ll turn off the machine at 7:00pm tonight.”

Ibrahim was taken off the ventilator and died on August 20.

Letter to PIC

In a letter to the Police Integrity Commission (PIC) dated September 24 and obtained by Minivan News, Ibrahim’s wife expresses regret that police failed to reveal details of the incident.

“The ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle,” Naseema writes.

She calls on the PIC to investigate the incident in depth and look into whether the police, either as an institution or as individuals, acted in breach of the law.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Naseema refers to the Act in her letter and suggests that if the PIC had not been informed of the incident by police, it proved they were violating the law. She states that she intends to file the matter in court.

A police source told Minivan News that law enforcement officials were required to assess whether the application of force was justifiable, adding that the officer’s use of his baton on the fleeing suspect was “total negligence on his part”.

“They could have let them go and found them afterwards. They had the number plate, they could easily make out who it was, and there looks to have been plenty of eyewitnesses. What he did was totally stupid,” the source said. “There was also danger for the officer involved.”

The source said it was “very concerning” that police had not released to the public the true account of the circumstances which had led to the death of the bystander.

“There should be a thorough inquiry into police procedure and training in the proper application of force,” the source suggested.

After the footage began to circulate on social media, Police Sub-Inspector Hassan Haneef told Minivan News that police could not respond to allegations that officers were involved in Ibrahim’s death.  Haneef said it was unable to respond as the letter of complaint was addressed to the Police Integrity Commission (PIC) and not the Maldives Police Service.

“The PIC will investigate and take necessary steps if any police or the institution is found to have committed such an act. The investigation is still ongoing,” he claimed.

Warning – some viewers may find the following footage disturbing

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Jumhoree Party MP Abdulla Jabir jumps back to MDP, pledges to oust President Waheed

Ousted Jumhoree Party (JP) Deputy leader and MP Abdulla Jabir has rejoined the Maldivian Democratic Party (MDP), pledging to oust President Mohamed Waheed Hassan.

The MP for Kaashidhoo signed with MDP last night during the party’s ‘Vaudhuge Dhathuru’ (Journey of pledges) campaign tour near the island of Hulhudhufaaru in Raa Atoll.

After joining the MDP, Jabir told the local press that he had joined the party because he believed it was with MDP that he saw progress in politics. He also said that he would spend all his time committed to MDP and its success.

Jabir added that despite the MDP candidate losing the weekend’s by-election to a Progressive Party of Maldives (PPM) candidate, his joining the party meant an addition of one more parliamentary seat to MDP.

Meanwhile, MDP Parliamentary Group Leader MP Ibrahim Mohamed Solih said the party was working to remove President Waheed and hold early elections, adding that the addition of MP Jabir to the parliamentary group would further this goal.

Jabir’s signing to MDP comes shortly after he was removed from the position of Deputy Leader of the JP in what he described as “a coup” within JP. All members aside from two voted in favor of Jabir’s removal from his position following the vote taken by the JP council.

Previously speaking during an MDP rally held on Ungoofaaru during by-election campaigning, Jabir announced his support for MDP’s campaign to oust President Waheed, and promised to contribute in his personal and financial capacity.

Speaking to Minivan News, Jabir said that he joined the MDP to support its fight against torture and police brutality and to support its democracy movement. He alleged that current government was indulging in acts of corruption and nepotism.

“What we see today is that Waheed’s government is resorting to brutality and torture is run like a corrupt and nepotistic regime that dishonors business agreements,” he said.

Asked why he had left MDP previously, Jabir stated that there was “no need to talk about the past”.

“What happened in the past should stay in the past. This is a new chapter. I look forward to work with the MDP parliamentary group to liberate this country from Waheed’s brutality and his corrupt government,” he said.

Antagonism towards Waheed’s government

Jabir became an outspoken critic of President Waheed after he was arrested from the inhabited island Hodaidhoo and alleged police brutality.

Those arrested included MDP MP Hamid Abdul Ghafoor – also the party’s international spokesperson – along with former SAARC Secretary General and Special Envoy to the former President, Ibrahim Hussain Zaki, former Press Secretary Mohamed Zuhair and his wife Mariyam Faiz.

Police claimed they found large amounts of “suspected” drugs and alcohol upon searching the island with a court warrant. The arrests were made “based on information received by police intelligence,” police said.

Recently, resorts owned by Jabir were issued with final warning notices for non-payment of rent. The move came days after he turned against the government, and was described by Jabir as the government’s effort to destroy a political opponent.

“I know following the recent political developments and due to my new opposition to the current government, [President] Waheed has now ordered the tourism minister to issue the repayment notice so as to threaten his political opponents,” declared Jabir.

“This is highly politically motivated. He knew I was the one behind submitting the amendment to parliamentary regulations to make the impeachment vote a secret ballot. It was I who in the first place drafted that amendment and gave it to MP Ahmed Amir. They know this but I will still continue to work for that,” he explained.

Since then, Jabir openly declared his support to MDP’s efforts to make parliamentary impeachment votes a secret ballot.

The first amendment proposed to the parliamentary regulations to bring the change by MDP was defeated on the parliament floor. However, a second amendment has been proposed and the parliament is to take a vote on the amendment on Monday.

Defection history

Jabir is well known for his frequent defections from party to party. His first political party was Dhivehi Rayithunge Party (DRP) during the presidency of Maumoon Abdul Gayyoom. He then joined former party of PPM Parliamentary Group leader MP Yameen Abdul Gayoom, the People’s Alliance (PA).

Jabir defected to the JP ahead of the 2008 presidential elections and backed JP leader and business tycoon Gasim Ibrahim.  Jabir was appointed as the party’s deputy leader.

He then went on to join the MDP and hold senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

However, during the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed, Jabir once again declared that he had defected from MDP back to the JP.

In the meantime Jabir’s wife, former SAARC Secretary General Dhiyana Saeed, also resigned from her position in SAARC and joined the opposition movement against former President Mohamed Nasheed.

Jabir became an MP after winning the by-election held to elect an MP to the vacant seat of Kaashidhoo constituency on a JP ticket. He was backed by President Waheed and a coalition of parties supporting his government.

THe PPM who initially had its own candidate for the election also backed Jabir.

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Comment: India’s inconsistent commitment to Maldivian democracy cost the GMR deal

The Maldives and India have always shared strong bilateral relations in terms of strategic, economical and military cooperation. The diplomatic bond has remained firm despite the vast difference between the two states in size, population and economy. India remains a major destination for many Maldivians who travel abroad for education, medical and business purposes.

A significant number of Maldivians reside in Indian cities such as Bangalore, Thiruvananthapuram, Mysore and several others. Similarly, a large portion of the Maldives’ expatriate workforce including teachers, doctors, engineers and other technical expertise are Indians, who have contributed to the country’s economy.

If not for the timely decision by the Indian government to intervene, the 1988 terrorist attack on the Maldives’ national defense force base by the mercenaries of the Sri Lanka-based terrorist organisation People’s Liberation of Tamil Elam (PLOTE), would have cost the Maldivian people their civilian government.

19 Maldivians lost their lives, but if not for the successful ‘Operation Cactus’ led by the Indian armed forces, the death toll could have been more, and a possible military junta could have taken control over the affairs of the state. Neither the Maldives nor its history will forget this brotherly act by India that symbolised the strong bilateral bond between the two states.

However, India’s decision to recognise the regime that took charge of the country after it toppled the Maldives’ first democratically elected government on February 7 shocked many. Of course, it would have been completely irrational to expect another ‘Operation Cactus’, but on diplomatic grounds India could have done better.

Having had a diplomatic office established in the Maldives and the rebellion broadcast live on television, the decision showed India’s failure in grasping the local political environment of the country, despite it being a base to large Indian investments worth millions. This failure did not only bring dismay to the local populace, but to international spectators as well.

For instance, Indian journalist Sumon K Chakrabarti in his article in the South Asia Monitor described the misstep as India losing “the mango as well as the sack”.

“With lost credibility and a history of dumping friends – from Burma to Bangladesh and now Maldives, the reality is stark – India has, as the saying goes, lost the mango as well as the sack in the Maldives,” he wrote.

Another journalist, B Raman for the Eurasia Review, put it as “badly damaging” to India’s “traditional position as the sole arbiter of political fortunes”.

He writes – “the government of India’s traditional position as the sole arbiter of political fortunes in the Maldives has been badly damaged and a number of international actors from the UK, the US, the European Union and the United Nations have rushed to the Maldives to try their hand in internal peace-making, thereby marginalising the traditional role of India. Only China and Pakistan have not yet entered the political fray in the Maldives. If they do, that will be ultimate humiliation for Indian diplomacy at its southern door-step.”

For a regime installed through illegitimate means, an assent from the region’s major player would obviously be the perfect gift. A gift that took the country back three years  in terms democratic progress it achieved following the transition from a remorseless dictatorship. A gift that brought back the culture of state-sponsored torture, intimidation and harassment.

The accession of Vice-president Waheed Hassan resulted in a rudderless, clueless and mandate-less regime which neither entertained the popular support of the people nor had a contemplated plan to run the affairs of the state.

The unprecedented alteration to the dynamics of local politics saw the return of elements of past dictatorship back to power, which had previously been voted out in the country’s first free and fair presidential election in 2008.

Cabinet portfolios were divided among political parties with diverse political thinking, each of which had its own ambitions to come to power. Most of them do not carry any political weight or have any representation in parliament, including those with an religious element such as the Adhaalath Party.

Similarly ex-president Gayoom had his daughter and son appointed as state-minister level positions in the regime, much to the disappointment of those who had voted him out in 2008. But in Waheed’s words this was a “national unity government”.

A national unity government, whose elements while in opposition had made their antagonism towards Indian investments public, especially against infrastructure giant GMR, which was awarded a concession agreement to manage and develop Ibrahim Nasir International Airport (INIA) but was declared an economic enslaver.

India should have foreseen the consequences its investments would later face in endorsing a regime consisting of elements that had previously shown its disapproval towards major Indian investments. India should have taken its time to assess the political situation of the country and should have confirmed the legitimacy of the controversial regime before accepting it.

However, failure to do so resulted in the scrapping of its single largest investment by the very government it had recognised.

India’s concerns over the Maldives should have come earlier. Not when senior officials of the regime it give assent to nine months previously mocked, insulted and even accused its High Commissioner of indulging in bribery. Not when its largest investment in the country was evicted. None of which would have taken place had India taken a ‘prevention than cure’ approach towards the Maldives.

One must hesitantly agree to the point raised by the very ambitious Special Advisor to Waheed, Dr Hassan Saeed in his ‘candid’ letter to Indian Prime Minister Manmohan Singh.

He observes: “The Indian Foreign Secretary’s visit to our country in February [2012] failed to resolve the political crisis largely because India is no longer seen as a friendly and fair neighbour who could broker an honest and fair deal.”

Hailed as the world’s largest democracy, India’s inconsistency in its commitment towards democracy in the Maldives not only cost the eviction of its single largest investment in the country, but also gave rise to noisy anti-India rhetoric led by religious fundamentalists and politicians sided with the current regime.

In nine months time, the Maldives will hold its second multi-party presidential elections. Perhaps it these will be the country’s last chance in the near future to overcome what it lost in terms of democracy. It might also be a golden opportunity for India to reassure its commitment towards the democratic process of the country, by pressuring Waheed’s regime towards a free and fair ballot.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Indian hackers take down MACL website as lenders, Malaysian government seek to resolve GMR crisis

Indian hackers have taken over the website of the Maldives Airports Company Limited (MACL), the government company that has ordered the GMR-Malaysia Airports Holdings Berhad (MAHB) consortium to hand over the airport by the end of next week.

The hackers, calling themselves the “Indishell Defacers Team”, replaced the MACL homepage with a black background and a pair of eyes Thursday (November 29) evening, demanding that the Maldives “stop defaming Indian Reputed Companies & learn how to run a website and secure it first.”

“If you don’t know how to secure a website, can you run an Airport securely, MACL?” the hackers added, along with a promise to “do anything for India”.

As of Saturday afternoon, the MACL website remained suspended. MACL CEO Mohamed Ibrahim declined to comment, stating only that he was in a meeting and that the company would “issue media statements from time to time”.

Following the government’s announcement last week that its contract with GMR was void and it would therefore be issuing a seven day ultimatum for the investor to leave the country, MACL claimed that local employees who applied for jobs with the state operator would “have their present basic salary, allowances and other benefits, and training and development opportunities maintained under MACL management.”

The same day, the Immigration Department announced that it would cease renewing the work permits of GMR’s 140 foreign employees, while the Civil Aviation Authority (CAA) sent GMR a letter stating that the operator’s aerodrome certificate – the regulatory authority to operate an airport – would be withdrawn at 11:59pm on December 7.

MACL has also filed a complaint with the Maldives Police Service, alleging that the contract was given to GMR in 2010 “unlawfully”.

GMR has meanwhile stated that it has no intention of leaving without exhausting the legal process and seeking due compensation – the company has stated that it has already invested between US$220-240 million of funds set out for the US$511 million airport development project.

Arbitration proceedings over the contentious airport development charge were already ongoing in Singaporean courts prior to the government’s declaration that the contract was void.

GMR is currently seeking an injunction against its eviction in the Singapore courts, with the next hearing reportedly set for Monday.

Malaysian visit

Meanwhile, Malaysian Foreign Minister Anifah Aman and MAHB Managing Director Basir Ahmed visited the Maldives on Friday to try and resolve the situation.

Aman told local media at the airport that his discussion with Maldivian Foreign Minister Dr Abdul Samad Abdulla was “fruitful”.

“As we are two friendly nations, there is no reason why this matter cannot be resolved,” Aman was reported as stating by Haveeru.

The reaction from the Indian government and industry groups has been substantially less prosaic.

The Associated Chambers of Commerce and Industry of India (ASSOCHAM), expressed “serious concern over the unilateral decision of the Maldives government” and the “violation” of the country’s concession agreement with GMR.

The chamber of commerce group urged the Indian government “to take immediate steps as may be necessary to protect the interests of GMR, its people working in Male’ as well as the Indian banks against such irrational moves.”

Lenders to GMR, including the lead underwriter Axis Bank, Indian Overseas Bank and the Indian Bank have meanwhile written to the Maldives government demanding that their interests be protected. US$368 of the US$511 million project is a loan component, most of it financed by Indian companies.

The Indian government is meanwhile reported to be reconsidering its bilateral aid assistance to the Maldives.

A succession of Indian loans have been crucial to the Maldives’ ability to pay its operating costs, including civil servant salaries.

Days prior to the government’s decision to void the GMR agreement, India had requested repayment of US$100 million in treasury bonds by February 2013.

A further US$25 million state loan from India was found to have been delayed after the Maldivian government failed to submit the requested paperwork, according to an Indian diplomatic source.

Overall Indian aid to the Maldives has totalled MVR 5 billion (US$324 million) over the last three years, according to official statistics from the Indian High Commission released in May.

In additional to credit facilities, purchase of bonds and provision of equipment and financial assistance, India provided the government substantial aid to hold the SAARC Summit in Addu Atoll last year.

In the last three years, India funded the construction of the Faculty of Tourism and Hospitality, provided US$4.5 million for the development of Indira Gandhi Memorial Hospital (IGMH), US$25 million for a police academy, US$9 million for police vehicles, US$1.5 million for a coastal management centre, US$1 million for the purchase of pharmaceuticals and sports equipment, US$5.3 million for the Institute of Information Technology, and most recently, the construction of a military hospital for the Maldives National Defence Force (MNDF).

Credit facilities of US$40 million were provided for the construction of 500 housing units, while the State Bank of India (SBI) had spent US$100 million of treasury bonds (with a further US$100 as standby credit). India also provided US$28 million for the development of human resources in the Maldives.

Moreover, a substantial amount of private lending to the resort industry development takes place through Indian banking institutions active in the country, most notably SBI, and a significant quantity of food to the import-dependent Maldives (including basics provisions such as eggs) is supplied through trade concessions with India.

India has also provided extensive military support to the Maldives, including supplying vehicles and a helicopter.

“An impact on ties is inevitable,” Indian newspaper The Hindu reported a senior Indian government source as stating, after last week’s decision by the Maldivian cabinet to evict GMR.

“For the time being, we have to consider how things stand and how to proceed,” an official source told the paper, “when asked whether India would continue assisting the Maldives in combating its financial difficulties, including paying salaries to civil servants and shoring up the surveillance and reconnaissance ability of its security forces.”

“Stability can come only after elections. All of them [political parties] are looking for some cause célèbre. GMR has unwittingly become a major political issue in the Maldives,” an official source told the paper.

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PPM candidate Ibrahim Ameen takes parliamentary seat in Ungoofaaru by-election

The Progressive Party of Madives (PPM) candidate Ibrahim Ameen has secured the parliamentary seat representing the Ungoofaaru constituency in Raa Atoll that was previously held by his brother, the murdered MP Dr Afrasheem Ali.

According to provisional results from the Elections Commission (EC), Ameen took the seat with 1159 votes in polling held on the islands of Ungoofaaru, Hulhuduffaaru, and Maakurathu, all in Raa Atoll, as well as a special polling station in Male’. He defeated Maldivian Democratic Party (MDP) candidate Dr Ahmed Ashraf who had 1078 votes.

There was some polling success however for the MDP during the day. The party’s candidate, Ashiya Hussain took the vacant island council seat for Keyodhoo in Vaavu Atoll with 221 votes, narrowly beating the Dhivehi Rayyithunge Party’s (DRP’s) candidate Ahmed Fayaz, who had 219 votes.

With 15 minutes left before polling booths were closed around the country, EC President Fuad Thaufeeq said an estimated 83 percent of eligible voters had turned out to cast their ballots. Voters in the queue to vote before the polls closure at 4:00pm this afternoon were still allowed to vote, according to the EC.

Thaufeeq claimed that voting had gone “quite smoothly” at all the corresponding polling stations, with the majority of complaints it had received concerned with campaigning tactics being used the previous day.

“We had received some complaints that campaigning was continuing to take place past 6:00pm yesterday,” he said, referring to a practice outlawed under elections rules. “Other than that everything is going smoothly in the atoll.”

The Ungoofaaru by-election had been scheduled earlier this year following the murder of PPM MP Dr Afrasheem in Male’ in early October.

Earlier this week, Commissioner of Police Abdulla Riyaz said the Maldives Police Service (MPS) believed it was “not the right time” to reveal the details behind the murder of Dr Afrasheem.

Speaking to Minivan News today, EC President Thaufeeq said that despite the circumstances behind the by-election for the Ungoofaaru constituency, the polls had been conducted in “more-or-less the same manner” as had been seen with two other parliamentary by-elections held since February’s controversial transfer of power.

“We have been getting the same types of complaints that we received with previous by-elections in Kaashidhoo and Thimarafushi. I would say it has gone a bit smoother than these,” he said. “There have been no major issues with the polls.”

The election itself was initially scheduled to be contested by three candidates after the PPM’s partners in the coalition government of President Dr Mohamed Waheed Hassan, such as the DRP, opted against fielding candidates.

However, an independent candidate, Najih Jinah, registered to stand against the PPM and MDP made a late withdrawal from the contest to lend support to Ameen’s campaign, according to local media.

Previous contests

In the local council elections of February 2011 for two atoll council seats in the Ungoofaru constituency, the MDP candidate Ibrahim Zayan received 1,024 votes while then-opposition Dhivehi Rayyithunge Party (DRP) candidate received 1,790 votes.

Meanwhile, in the May 2009 parliamentary election, then DRP candidate Dr Afrasheem Ali received 573 votes while MDP candidate Dr Ahmed Ashraf came second with 533 votes.

In Vaavu Keyodhoo, all five island council seats were won by DRP candidates in February 2011 with the first placed candidate garnering 267 votes.

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MPs can be arrested at crime scene, High Court rules

The High Court on Thursday ruled that MPs could be arrested at crime scenes despite a provision in the parliamentary rules stipulating that MPs could not be arrested while there was a pending no-confidence motion.

The ruling (Dhivehi) was made after the Prosecutor General’s Office (PGO) appealed a decision by the Kulhudhufushi Magistrate Court to release MPs Abdulla Jabir and Hamid Abdul Ghafoor, who were arrested on an uninhabited island on charges of alcohol consumption.

While it overruled the magistrate court decision to release the suspects, the High Court however ruled that there were no grounds to detain the MPs any further.

In its appeal, the state had requested authority to arrest the MPs again. But the High Court noted that the only reason police had given for requesting extension of detention was that the suspects might attempt to influence witnesses, ruling that such a possibility no longer existed.

In separate rulings referring to the constitution, the Police Act and Islamic Shariah, the High Court determined that despite the provision in the parliamentary standing orders, MPs could be arrested from crime scenes or if the arresting officer observes a crime being committed.

The article in the parliamentary rules was intended to protect MPs against arbitrary arrest, the High Court noted, but did not preclude arrests under any circumstances.

Section 202(d) of the house rules state that MPs cannot be arrested while there is a no-confidence motion before parliament to impeach the president or remove a cabinet minister, judge or member of an independent commission from his or her post.

Parliament on Wednesday meanwhile approved amendments to section 202 with 27 votes in favour and 18 against.

“The amendment proposed to Article 202 (b) states that if in the event of the arrest of a Member of Parliament under a circumstance that excludes allegations of criminal offense, and where immediate interrogation is not possible, then either the Speaker or the Secretary General of the People’s Majlis must be notified of the arrest in 15 minutes at the most,” according to the Majlis secretariat.

At the time of their arrest on November 16, no-confidence motions were submitted against President Dr Mohamed Waheed Hassan Manik and Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan.

While Speaker Abdulla Shahid had instructed police to abide by the rules and release the MPs, police had refused and contended that it was up to a judge to determine the legality of the arrest.

During the hearings on the appeal, the High Court rejected a request by the state to abolish the provisions in the parliamentary rules as the appeal concerned extension of detention and not the constitutionality of a clause in a specific regulation.

Following an emergency meeting in the wake of the arrests, parliament’s Privileges Committee passed a motion to ask the Prosecutor General to press charges against Police Commissioner Abdulla Riyaz for arresting the MPs in violation of the law, and disregarding the Speaker’s instructions to release them.

The committee also passed a motion to ask the Human Rights Commission of the Maldives (HRCM) to investigate allegations of police brutality against the MPs.

Meanwhile, in a statement at the time, police said 10 people were arrested during a ‘special’ operation on the island of Hodaidhoo in Haa Dhaal Atoll.

In addition to ruling coalition Jumhoree Party (JP) MP Abdulla Jabir and Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor – also the party’s international spokesperson – those arrested included former SAARC Secretary General and Special Envoy to the former President, Ibrahim Hussain Zaki, former Press Secretary Mohamed Zuhair and his wife Mariyam Faiz.

The others arrested were Jadhulla Jaleel, Hamdan Zaki, two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk as well as a Bangladeshi named Suhail Rana.

While Hamdan Zaki – son of Ibrahim Hussain Zaki – was detained on orders of the magistrate court, he was released to house arrest on Wednesday after being taken to hospital. Hamdan’s family told local media that he suffered a seizure when he was taken to the hospital and accused police of ill treatment and negligence.

Hamdan Zaki was admitted at the ADK hospital and reportedly suffered another seizure on Thursday morning.

MP Jabir meanwhile alleged that police used excessive force during the arrest. Jabir previously told Minivan News police actions resembled “a terrorist killing operation.”

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Male’ City Council accuses government of sabotaging Tatva Global waste management project

The government has announced is it in the process of renegotiating a waste management contract for the Male’ area with India-based Tatva Global Renewable Energy – leading to criticism by the opposition-dominated Male’ City Council (MCC) that the state is trying to sabotage the agreement for political gain.

Former President Mohamed Nasheed’s administration signed the original waste management agreement with Tatva in May 2011 in a deal that was supposed to have generated power from recycling waste. The scheme was also said to be part of attempts to improve the overall standards of waste management in Male’ and the nearby “garbage island”, Thilafushi.

The deal, like the airport development agreement with India-based GMR declared void by the government this week, was been backed by International Finance Corporation (IFC), an affiliate organisation of the World Bank, according to the Inter Press Service news agency.

However parts of the agreement were ordered halted by the country’s Anti-Corruption Commission (ACC) in August this year over alleged concerns about the contract, which was also signed under the former government.

The ACC received concerns that the project would lead to an anticipated loss of MVR 1 billion (US$64.8 million) in government finances over a 20 year operating period, according to local news service Haveeru.

ACC President Hassan Luthfee had phone switched off at the time of going to press.

In correspondence sent to Minivan News this week, Dr Mariyam Shakeela, who has served as Environment Minister for the last few months and was most recently appointed acting Human Rights Minister, announced that a previous contract agreed with Tatva was expected to be replaced with a “mutually beneficial” agreement.

“Provided they perform within the time frame given, the contract will remain with Tatva,” she said in response to whether the company would retain its role on the waste management project.

Dr Shakeela, who did not respond to a question on the nature of the government’s concerns with the previous contract, said the time frame for the deal was “under negotiation”.

“[The] whole agreement is being formulated,” she added.

A spokesperson for Tatva Global Renewable Energy was not responding to calls from Minivan News at time of press.

MCC criticism

However, the MCC has claimed that following a visit of senior officials from Tatva Global Renewable Energy between November 18 to November 20, a failure by the government to involve its councillors in the process and ongoing delays to commencing the project had let it to conclude that the deal would be eventually cancelled. The MCC said it expected the project to eventually be cancelled, despite increasing problems with waste management in the capital.

MCC councillor Mohamed Abdul Kareem told Minivan News that he had been informed senior Tatva executives had been invited to the Maldives for several days earlier this month to meet with ministers and stakeholders involved in the energy project.

“However, I don’t know what the discussions were focused on. Many groups were there; the Finance Ministry, other government departments, the Attorney General’s Office and the State Electricity Company (STELCO) were all there,” he said.

However, Kareem questioned why the MCC – as a major stakeholder in its own waste management project – had also not been invited to the discussions to express its concerns over the need for the waste management project.

“The issue has been continually delayed and the waste management problem is getting worse, while we don’t have the budget to meet our waste management needs,” he claimed.

Kareem alleged that while the government was providing small amounts of funding for waste management, he believed attempts were purposely being made to exacerbate the capital’s refuse problems in order to undermine the municipal council’s work. Kareem added that he was presently consulting lawyers over where the MCC stood on the waste management project.

“We don’t have enough budget to collect the waste, meanwhile the collection centres in Male’ are full and waste is openly being burnt on Thilafushi,” he claimed. “I think this is a game [for the government], I am certain they will cancel this contract.”

Kareem claimed that with an estimated 150,000 inhabitants in Male’ each generating a kilogram of waste per day on average, managing the capital’s waste management was the largest logistical operations in the entire country on a daily basis.

“We are dealing with 150,00 kg of waste everyday, we don’t have efficient enough operations for this. We don’t have enough boat fuel and the excavators we use are 20 to 30 years old. “[Wednesday] even, the starter motor failed on one of these,” he said.

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Immigration halts work permits to GMR, aviation authority to revoke aerodrome certificate

Additional reporting by Mariyath Mohamed.

The Department of Immigration has declared that it will cease renewing the visas of foreign employees working under GMR Male International Airport Limited (GMIAL), the Indian infrastructure giant’s side of the deal to manage and operate Ibrahim Nasir International Airport (INIA) signed with the former government.

“We have stopped issuing visas to GMR for the time being. This was decided since the cabinet has terminated the contract, and GMR has been given a seven day ultimatum to leave. If we went on processing visa requests, it would just be pointless work,” Deputy Chief Executive Officer of Immigration, Mohamed Khalid told Minivan News.

“We are just going along with the decisions made from the top, the President’s Office,” he said.

The Maldivian cabinet declared the agreement with GMR void on Tuesday evening, and gave the company a seven day ultimatum to leave the country.

“The government has given a seven day notice to GMR to leave the airport. The agreement states that GMR should be given a 30 day notice but the government believes that since the contract is void, it need not be followed,” said Attorney General (AG) Azima Shukoor at the time.

Deputy Controller of Immigration Hamid Fathuhullah told Minivan News that immigration had not yet made any decisions on how to proceed on dealing with the visas and permits obtained by GMR that were still active after the government’s seven day ultimatum.

However, Fathuhulla added that they would be making provisions in accordance with existing regulations to allow ample time for the employees to make arrangements to leave.

“Right now, we are not going to provide visas, quotas or work permits to any company associated with GMR. This is in line with the Immigration Act 1/2007 and International Law,” Fathuhulla stated.

President’s Office Spokesperson Masood Imad declined to comment on the matter.

“It is not part of our mandate to cancel visas, deport or arrest people. The President’s Office will do no such thing. The immigration department will decide this issue,” Imad said.

CEO of GMIAL, Andrew Harrison, said the company had received no communication or memo from the immigration department, as stated in several media reports, and had contacted the immigration to try and clarify the matter.

Of the company’s total 1760 staff, 140 are foreign employees on work permits, Harrison said.  He stressed 17 of there work permits were due to be renewed before the end of December.

“Our people are committed. They will stay and work until otherwise notified,” Harrison said.

He said it would be “premature” to discuss the implications of the Immigration Department’s announcement, given that GMR disputes the legality of the government’s termination of its contract, and that there was “still work to be done before statements are made”.

However, he said it was surprising that the notice was issued to the media before any discussion with the company.

“I don’t know why they are doing it this way,” Harrison said. “People are asking us about this, but we have no information apart from the conflicting reports in the media.”

“One report says the visas are being cancelled, another says they have not been cancelled, just the renewals,” said Harrison.

Minister of State for Home Affairs Mohamed Fayaz stated Thursday that the foreign employees of GMR would be “given protection” until they could arrange to leave the country.

Fayaz said that the ministry had extended an invitation to the management of GMR for a meeting following the termination of the contract.

Accepting the invitation, Harrison and Managing Director P Sripathi had met with the ministry representatives, he said.

“At the meeting, we requested that in these seven days, they proceed in a manner which would not disrupt any of the services being provided at the airport. We also assured them that they would remain safe and secure during their time in the country,” Fayaz said.

“We also told them that should they require it, we can provide security services through the police force,” he added.

The government-owned Maldives Airports Company Limited (MACL) has meanwhile issued a circular “opening opportunities for GMIAL staff who are keen to join the MACL team.”

In a statement, the company said it provided “assurance to employees that their present basic salary, allowances and other benefits, and training and development opportunities will be maintained under MACL management. MACL also guarantees that the employees currently sponsored by GMIAL will have the same opportunity to continue and complete their courses.”

CAA withdrawing aerodrome certificate

The Civil Aviation Authority (CAA) has meanwhile sent GMIAL a letter informing the company its aerodrome certificate will be withdrawn at 11:59 pm on December 7.

“That is the regulatory authority that permits us to operate an airport,” explained Harrison, “We cannot operate an airport without the certificate.”

Harrison emphasised that the withdrawal of the certificate did not mean the end of the company’s effort to seek legal redress.

“Reckless”

The government’s decision to declare GMR’s concession agreement void and evict the developer from the Maldives comes after a tough year for tourism, the sector indirectly responsible for up to 70 percent of the country’s economy. According to the 2013 budget presented to parliament on November 27 – the same day as cabinet announced GMR’s eviction – tourism growth in the Maldives has fallen from 15.8 percent in 2010 and 9.1 percent in 2011, to an expected 0.7 percent in 2012.

In a statement today, former President Mohamed Nasheed, under whose administration the GMR contract was signed, said the government’s “reckless decision to terminate GMR’s contract will scare off investors”, with “serious ramifications for the economy, at a time when we can ill-afford to see it falter.”

“Right across the board we are witnessing positive trends being dangerously reversed. Growth in tourism – the bedrock of our economy – has flat-lined; our GDP, which was 7 per cent last year, is projected to be just 3.4 per cent this year; and our deficit, which we had brought under control at the start of the year, is now ballooning at an alarming rate,” Nasheed said.

“If this continues, we risk setting back every aspect of our development. It is not those in government but the Maldivian people who stand to lose most from President Waheed’s economic mismanagement.”

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