Category: Politics

PPM MP Dr Afrasheem found brutally murdered

Additional reporting by Mariyath Mohamed.

MP of the government-aligned Progressive Party of the Maldives (PPM), Dr Afrasheem Ali, was brutally stabbed to death outside his home on Monday night.

The member for Ungoofaaru constituency in Raa Atoll was murdered after returning home from appearing on the TVM show “Islamee Dhiriulhun” (Islamic Life) with Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

The show finished around 11:00pm, and Afrasheem’s body was discovered by his wife at the bottom of the stairs of their apartment building shortly after midnight.

The MP had been stabbed four times in the back of the head and a chunk of his skull was missing, according to reports on VTV. He also suffered stab wounds to the chest and neck.

The MP was rushed to ADK hospital where he was pronounced dead. The hospital was placed under heavy security.

Others present at the hospital in addition to police officers and citizens included former President Maumoon Abdul Gayoom, his daughter and State Minister for Foreign Affairs Dhunya Maumoon, his half-brother and People’s Alliance (PA) leader Abdulla Yameen, Speaker of Parliament Abdulla Shahid, Deputy Speaker Ahmed Nazim, Deputy of the PPM Umar Naseer, Defence Minister Mohamed Nazim, Tourism Minister Ahmed Adheeb, Dhivehi Rayithunge Party (DRP) Leader Ahmed Thasmeen Ali, Police Commissioner Abdulla Riyaz, Maldivian Democratic Party (MDP) Chairperson Reeko Moosa Manik, and a large number of MPs.

Much of the opposition’s senior contingent left for campaigning in the southern atolls yesterday, however the murder was widely condemned on twitter by its officials including Moosa, MP Sameer and the party’s UK Spokesperson Dr Farah Faizal.

In a live press conference shortly after 3:00am, Police Commissioner Riyaz called for restraint.

“I call on all to show restraint. I further call on all to not blame anyone at this time, and to not incite further acts in relation to this,” Riyaz stated.

Speaker Shahid – a DRP member – spoke from the hospital, announcing that parliament would be postponed until Wednesday.

“This will be observed as a national sorrow. I extend sincere condolences to Afrasheem’s family. I hope we can all act in unity in these sad times. I call on the investigative forces to solve this case and find those responsible for this heinous crime at the earliest possible time,” Shahid said.

“Dr Afrasheem Ali was very sincere in his work at the Majlis, and was honest and assertive. We always received his cooperation in the work of Majlis. We have lost a valuable son of the Maldives. May god bless his soul and grant him paradise.”

In a statement, the Ministry of Islamic Affairs noted Dr Afrasheem’s “valuable services”.

“The Ministry sends condolences to the family and prays the deceased is granted paradise. Minister Sheik Shaheem Mohamed Ali Saeed calls on the authorities to give the harshest possible punishment to those who have committed this brutal crime.”

President of the Human Rights Commission, Mariyam Azra, said she was “in complete shock”.

“I only heard of this when VTV called. I am in complete shock… I condemn this act. This should not at all occur in a society like ours. I pray that God blesses his soul and grants him paradise,” Azra told local media.

President Dr Mohamed Waheed Hassan has declared that the National Flag be flown at half-mast, from 2 October 2012 till the end of 4 October 2012.

There were unconfirmed reports that police had arrested a suspect in connection with the murder. Minivan News is trying to confirm this.

President’s Office Spokesperson Masood Imad meanwhile forwarded an SMS to foreign media declaring that “Nasheed’s strongest critic Dr Afrasheem has been brutally murdered.”

Background

Dr Afrasheem was elected to parliament in 2009 as a member of the then-opposition Dhivehi Rayithunge Party (DRP). Following the opposition’s split, Afrasheem sided with the Progressive Party of the Maldives (PPM) of former President Maumoon Abdul Gayoom, and faded into the political background.

Widely considered an Islamic moderate, Dr Afrasheem took outspoken and controversial positions on issues such as the permissibility of playing music, and praying next to the deceased.

Newspaper Haveeru reported on September 10 that Afrasheem had participated in a ‘scholar’s dialogue’ with Islamic Minister Sheikh Shaheem Ali Saeed, who had remarked on his conflicting positions on many issues compared to the majority of Maldivian scholars.

During his final television appearance last night, Dr Afrasheem spoke of there being no other God than Allah, and how he disagreed with some people who he claimed used different objects as a mediator.

Afrasheem insisted that he had never ever spoken of anything regarding religion which was not stated in the Quran or sayings of the Prophet (PBUH). He acknowledged that some people had raised questions about his stands, and said this could be due to misunderstandings.

As an example, he said he had been told recently by a local TV host that people were made kafir (non-believer) through certain acts, saying he had immediately responded that a believing Muslim could not be labelled a kafir just because he would not grow his beard or shorten his trousers, as long as he believed in the one God and the tenets of Islam.

Afrasheem also said that people in the Maldives and abroad who loved Islam sometimes made such statements, but said they did not really possess the knowledge of a scholar and that this position was wrong. Afrasheem stated 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.

He was attacked several times in 2008, including being hit in the head with a stone on May 27 on his way home from work, and was assaulted after he finished Friday prayers as an Imam in the Ibrahim Mosque in January. His car window was smashed while he was driving through Male’ on March 18, 2012.

The murdered MP was also formerly Parliament’s member of the Judicial Services Commission (JSC), until he was replaced in mid-2011 by Jumhoree Party (JP) Leader, resort tycoon Gasim Ibrahim.

The MDP had campaigned for Afrasheem’s removal from the judicial watchdog, after he dismissed Article 285 of the Constitution – demanding that all judges who do not meet its newly stipulated qualifications be dismissed after two years of it coming into force – as “symbolic”.

Afrasheem is the second member of the JSC to be stabbed in the street, following an attack on former President’s member on the commission, Aishath Velezinee, in early 2011.

Dr Afrasheem is to receive a State funeral and will be buried after Asr Prayers.

Dr Afrasheem’s final TV appearance prior to his murder:

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Nasheed fails to appear in court, defies travel ban

Additional reporting Daniel Bosley, Mariyath Mohamed and Mohamed Naahii.

Former President Mohamed Nasheed departed Male’ today to participate in his party’s ‘Vaudhuge Dhathuru’ (Journey of Pledges) campaign in the southern atolls, defying a court order that he remain in the capital.

Nasheed’s departure contravenes an order from the Hulhumale Magistrate Court last week that Nasheed be confined to Male’ ahead of his court trial, which was to be conducted at 4:00pm today.

Journalists in the courtroom were required to undergo heavy security screening and were stripped of mobile phones, recording equipment and notepads. However, 20 minutes later a court official stated that the hearing was cancelled as the defendant and his lawyers had failed to appear. A new date was not set.

Nasheed meanwhile held a rally from atop a yellow flagged dhoni in front of 500 demonstrators near the petrol jetty in the south of Male’, before departing with five vessels and hundreds of supporters. Minivan News observed no police presence in the area.

“Once they started to set up a fabricated court, bring in judges who are not judges of that court, and the whole structure of it is so… politically motivated, it is very obvious it is not meant to serve justice,” Nasheed told the BBC.

“We intend to find out in this trip to what extent we were able to fulfil our pledges during this party’s period in government,” Nasheed told his supporters. “This is a journey of pledges. This is a journey for justice. This is a journey where we become one with the citizens.”

The party and its senior leadership will visit over 30 islands during the 14 day trip, taking in the atolls of Gaafu Alif, Gaafu Dhaalu, Fuvahmulah and Addu.

Meanwhile, the court hearing was to be the first in the case concerning Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, while in office.

Nasheed also faces charges of defaming Police Commissioner Abdulla Riyaz and Defence Minister Mohamed Nazim as “traitors”, following February 7’s controversial transfer of power. The first hearing in Riyaz’s case has been postponed indefinitely.

Nasheed’s Maldivian Democratic Party (MDP) has expressed deep concern over the legality of the court’s procedures regarding the trials, which it contends are a politically-motivated attempt to convict the former president and prevent him from running in future Presidential elections.

Following the court-ordered travel ban on Nasheed ahead of the party’s southern atoll election campaign, the MDP announced that it would no longer recognise the authority of the courts in the Maldives until changes proposed by international entities were brought to the judicial system.

“This all looks very ‘Myanmar’ – using the courts and administrative manipulation to restrict political party activity,” said MDP MP and Spokesperson Hamid Abdul Ghafoor at the time.

“While President Waheed was lobbying the Commonwealth to remove the Maldives from its human rights watch-list, his regime had detained the leader of the opposition.”

The concerns were echoed by Canadian Foreign Minister John Baird, a member of the Commonwealth Ministerial Action Group (CMAG) who recently downgraded the Maldivesfrom its formal agenda to a ‘matter of interest’.

“Canada is deeply troubled by the reported September 25 travel ban of former President Nasheed in Malé,” said Baird.

“The recently adopted Commission of National Inquiry (CNI) report has raised substantial concerns about the independence of the judiciary. That too causes Canada grave concern as we strive to assure independent open elections in the Maldives,” he added.

“President Waheed offered no substantial defence of these questions, which is a telling response in itself,” said Baird. “Canada finds the declining state of democratic values in the Maldives alarming and deeply troubling.”

The court has maintained that the travel restriction is normal procedure for defendants ahead of court trials.

The case

Nasheed’s controversial decision to detain Judge Abdulla in January 2012 followed the judge’s repeated release of former Justice Minister – and current Home Minister – Dr Mohamed Jameel, in December 2011, whom the government had accused of inciting religious hatred over the publication of his party’s pamphlet, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

Nasheed’s government further accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” so as to protect key figures of the former dictatorship from human rights and corruption cases, among other allegations.

Nasheed justified the judge’s arrest based on his constitutional mandate to protect the constitution. Judge Abdulla had in September 2011 received an injunction from the Civil Court preventing his investigation by the Judicial Services Commission (JSC), the watchdog tasked with overseeing the judiciary, which complied with the ruling.

Parliament’s Independent Commissions Committee, the body mandated with holding the judicial watchdog accountable, took no interest in the matter.

The then-opposition began nightly protests over the judge’s detention, while the government sought assistance from the UN and Commonwealth for urgent judicial reform.

However, Nasheed resigned on February 7 amid a police and military mutiny the day after the Commonwealth team arrived.

Judge Abdulla was released, and the Criminal Court issued a warrant for Nasheed’s arrest. The warrant was not acted upon.

Former Defence Minister Tholhath, former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are also facing charges for their role in detaining Judge Abdulla in January 2012.

The charges include a breach of article 81 of the Penal Code: “Arresting an innocent person intentionally and unlawfully by a state employee with the legal authority or power vested to him by his position is an offence. Punishment for a person guilty of this offence is imprisonment or banishment for 3 years or a fine of MVR 2000 (US$129.70).”

“The full story”

Former President’s Member on the JSC, Aishath Velezinee, has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

That moment at the conclusion of the constitutional interim period marked the collapse of the new constitution and resulted in the appointment of a illegitimate judiciary, Velezinee contends, and set in motion a chain of events that ultimately led to President Mohamed Nasheed’s arrest of Abdulla Mohamed two years later.

According to Velezinee, “the assumption that Abdulla Mohamed is a constitutionally appointed judge is based on a false premise, a political creation [which] ignores all evidence refuting this.”

“Judge Abdulla Mohamed is at the centre of this story. I believe it is the State’s duty to remove him from the judiciary. He may have the legal knowledge required of a judge; but, as the State knows full well, he has failed to reach the ethical standards equally essential for a seat on the bench.

“A judge without ethics is a judge open to influence. Such a figure on the bench obstructs justice, and taints the judiciary. These are the reasons why the Constitution links a judge’s professional qualifications with his or her moral standards,” she wrote.

“There is no legal way in which the Civil Court can rule that the Judicial Service Commission cannot take action against Abdulla Mohamed. This decision says judges are above even the Constitution. Where, with what protection, does that leave the people?” Velezinee asked.

“The Judicial Service Commission bears the responsibility for removing Abdulla Mohamed from the bench. Stories about him have circulated in the media and among the general public since 2009, but the Commission took no notice. It was blind to Abdulla Mohamed’s frequent forays outside of the ethical standards required of a judge. It ignored his politically charged rulings and media appearances.

“Abdulla Mohamed is a man who had a criminal conviction even when he was first appointed to the bench during President Maumoon Abdul Gayoom’s time. Several complaints of alleged judicial misconduct are pending against him. The Judicial Service Commission has ignored them all. What it did, instead, is grant him tenure – a lifetime on the bench for a man such as Abdulla Mohamed. In doing so, the Judicial Service Commission clearly failed to carry out its constitutional responsibilities. It violated the Constitution and rendered it powerless.”

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Majlis reconvenes with elections and legislative reforms atop agenda

The People’s Majlis reconvened today with both opposition and government-aligned parties claiming elections and legislative reforms were among the key focuses of their respective parliamentary agendas following an extended break.

According to the Majlis’ Counsel General Fathmath Filza, today’s opening session saw debates take place on two declarations and eight bills, including the repeal of a motion to remove the Maldives’ membership within the Commonwealth.

The session was also said by the official to include the distribution of the Commonwealth-backed Committee of National Inquiry (CNI) report to all MPs and the respective parliamentary committees dealing with security services, independent institutions and national security.

“These committees will review the report and report to the Majlis on the actions that then need to be taken,” added Filza.

Despite reconvening temporarily for an emergency session to pass the General Regulations Act in August, the Majlis has not reconvened since July after Speaker Abdulla Shahid suspended the institution, deciding a safe environment could not be ensured in the chamber after heated exchanges on the floor.

This suspension led straight into the Majlis traditional recess period, although parliamentary committees have resumed their work as of last month.

Parliamentary Speaker Shahid told Minivan News today that the recess period had provided sufficient time for tensions between leaders on both sides of the country’s political divide to “calm”.

“This has allowed for dialogue between party leaders and for me to set up agreement to have the current third parliamentary session begin on time,” he claimed. “This is important to ensure parliamentarians were part of the process to address their respective agendas.”

The speaker said that in line with a number of reports from independent institutions, the decision had been taken – in line with parliament’s minority and majority leaderships – to pass the findings of the Commonwealth-backed Commission of National Inquiry (CNI) onto the relevant regulatory committees.

Function undisturbed

Abdulla Yameen, Parliamentary Group Leader of the government-aligned Progressive Party of Maldives (PPM) told Minivan News by SMS that with parliament resuming today, he expected the Majlis to function undisturbed despite ongoing tensions relating to February’s controversial power transfer.

From the perspective of the PPM, which presently holds minority leadership in the Majlis with the second largest number of MPs after the opposition Maldivian Democratic Party (MDP), Yameen said he believed passing pending legislation was his party’s foremost concern.

“[The PPM] hopes to see all pending legislative agenda addressed in order to ensure free and fair presidential elections,” said Yameen, who is the half-brother of former President Maumoon Abdul Gayoom.

Having met personally with former President Mohamed Nasheed late last month – without providing direct details of their discussions – Yameen said there had been agreement that the Majlis should function “smoothly”.

Meanwhile, MDP MP and Spokesperson Hamid Abdul Ghafoor claimed that in order to try and facilitate early elections, the party’s national council had asked for the Commission of National Inquiry (CNI) report to be distributed in the Majlis in attempts at having its recommendations implemented.

These recommendations, according to the MDP, include the need for reforms to strengthen the country’s independent institutions like the judiciary, as well as bringing senior defence force figures accused of mutinying against the former government to justice.

According to Ghafoor, the speaker has sent the CNI report to the relevant parliamentary committees to review recommendations made.

He claimed the request was part of a wider process to enact early elections within the Maldives – a key focus of the MDP since former President Mohamed Nasheed’s controversial resignation back in February.

Nasheed, who is presently the MDP’s presidential candidate, has continued to claim he was forced to resign under duress.

However, the party’s claims that the former government was removed from office in a “coup d’etat” were dismissed by the CNI report published in August.  The report was later accepted by the MDP, albeit “with reservations”.

These reservations were first raised by Ahmed ‘Gahaa’ Saeed, former President Nasheed’s appointee on the CNI panel, who alleged there had been a failure to take into account certain key evidence and witness accounts compiled by the panel regarding the transfer of power.

The MDP has claimed that despite its reservations, the CNI report has provided the party with a “way forward” to push for institutional reform.

Just last month, the MDP’s national council had called on the party’s parliamentary group to back a boycott of the Majlis over allegations that working within the present political process was failing to secure reforms highlighted in the Commission of National Inquiry (CNI) report.

The proposed boycott was criticised strongly at the time by parties serving within the coalition government of President Dr Mohamed Waheed Hassan.

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Tourism Ministry hits back at MIRA accusations over failure to collect resort rents

The Ministry of Tourism has hit back at claims made last week that it was failing in its duty to collect rents and associated non-tax revenue from the country’s largest industry.

Following claims made by the Commissioner General of Taxation at the Maldives Inland Revenue Authority (MIRA) that the tourism ministry was failing perform its duty of collecting such revenue, State Minister for Tourism Mizna Shareef has called the accusations “baseless and unfair.”

“Under the new tax regime, MIRA can go after those who don’t pay rent,” said Mizna. “It is very unfair and inappropriate for MIRA to make these statements.”

Mizna argued that the authority had been pressuring the tourism ministry to suspend operating licenses for late-payers without considering the wider implications for the industry as a whole.

“There has to be balance – the industry must be protected while rents are collected,” she continued.

Tourism is by far the largest industry in the country, contributing over 70 percent of GDP via associated industries and 90 percent of all foreign exchange receipts.

Allegations by groups in support of the now-opposition Maldivian Democratic Party (MDP) linked several prominent Maldivian resort operators with February’s disputed transfer of power.

A travel advisory created shortly after the transfer rated resorts on a traffic-light system, urging against travel to resorts marked ‘red’ – being linked with the alleged coup-makers. The site has since been taken down.

The recently completed Commission of National Inquiry (CNI) ruled that the transfer of power had occurred within constitutional boundaries – a decision over which the MDP has registered strong reservations.

Tourist arrivals have continued to rise this year, with the Asian (largely Chinese) market taking up the slack from a downturn in European holiday-makers, although growth has slowed considerably in comparison with last year.

Director General of Revenue Service at MIRA, Fathuhulla Jameel, was not responding to calls at the time of press.

Lease extension

MIRA’s figures for August showed that ‘Tourism Land Rent’ collected last month was only 19 percent of the amount collected in the corresponding period last year.

Tourism land rent for the year so far is shown to be only three quarters of that collected by the same point on 2011.

The importance of this revenue stream can be seen in the share of overall revenue tourism land rent alone contributes to the authority’s figures – making up 10 percent of MIRA’s income this year.

Another important source of tourism revenue comes from lease extension payments from resort operators – islands are ultimately the property of the state and are leased to the operators on long term bases.

Mizna took issue with the suggestion that the government had re-interpreted the lease extension payments with detrimental effects for the state’s annual budget.

MIRA’s figures show that revenue from lease period extension fees has been US$11million (MVR 168 million) so far this year, compared to US$20million (MVR 273 million) at the same point in 2011.

Mizna argued that the initial arrangement for the collection of lease extension payments had not been fully elucidated by the courts prior to the current government’s assumption of office.

A High Court ruling last December ruled in favour of the 2010 second amendment to the Maldives Tourism Act after it was said to contradict article 8 of the original legislation, pointed out Mizna.

The second amendment states that fees of US$100,000 for every year extended should be paid over a period of between 18 or 36 months depending on operator’s status when the act was published in the government gazette.

The Nasheed government had requested that the payments be made in a lump sum.

Former Tourism Mariyam Zulfa, speaking shortly after the new government took office, explained the Nasheed government’s reading of the system.

“The second amendment to the tourism law came into place it gave the option for resorts to extend the existing 25 year leases to 50 years. A time period was given and there is a clause that stipulates that the payment must be done in completion before the lease period can be extended,” she said in March.

“So, the Nasheed government had interpreted that clause as the payment to be paid in full for the period extended. So, because the wording is such that the payment must be complete before the extension is granted, we interpreted it as the full payment,” she continued.

“But there is another clause which says the manner in which the payment is calculated is on an annual basis. This government has over-interpreted that clause and has said that the payment has to be made annually,” argued Zulfa.

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Judicial statistics show 90 percent of those convicted for fornication are female

Almost 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female, according to new statistics published by the Department of Judicial Administration last week.

A total of 129 fornication cases were filed last year and 104 people sentenced, out of which 93 were female. This includes 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

It takes four witnesses or a confession to prove the offence in court based on Islamic Sharia. The Maldives’ legal system consists of elements of both common law and Sharia.

Earlier this year, the Maldives made international headlines when a 16 year-old girl was sentenced to 100 lashes and eight months house arrest by Hulhudhufaaru Magistrate Court in Raa Atoll, for fornication while the 29 year-old man  was sentenced to 10 years imprisonment after finding him guilty of sexually abusing the girl.

Being a minor, the court stated that the girl’s sentence would be implemented when she turned 18.

After visiting the country in November last year, UN Human Rights Chief Navi Pillay called for a moratorium on corporal punishment, describing it as “inhumane and degrading.”

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” said Pillay.

However, her statements and calls for discussion on the issue were met with outrage from the opposition and religious Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry itself dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

Minivan News could not verify if all the people sentenced last year had been flogged at the time of the report’s release, although former Former Minister of Gender and Family Aneesa Ahmed confirmed that the sentences were being carried out.

The Judicial Sector Statistics Report 2011 highlights the sheer scale of the long-known and unaddressed issues of gender bias in the justice system.

A 2004 UNICEF study titled “Gender issues in the Maldives Criminal Justice System” raised serious concerns over cases of ‘Zina’ – both consensual and non-consensual alike.

As rape was at the time and is still defined as “forced fornication”, as with any other fornication case, four witnesses or a confession is still required by the court to prove rape.

“In these cases a woman’s accusations need to be verified by two men or four women, thus, rape and sexual violence remain impossible to prove in virtually all cases,” the 2004 study noted.

The prosecutor general’s office had earlier confirmed that as these two necessary elements are almost impossible to find, in all rape cases the suspects are charged with forced sexual misconduct, which carries a lesser punishment.

However if the victim is a minor, the PG says that such cases are tried under the 2009 Act on Stipulating Strict Punishment for Child Abusers.

This is the major reason why no rape cases were found in the new statistics revealed by the judiciary despite the high number of reported rape cases. It is also likely that rapes involving minors have fallen into the category of child abuse while others have been categorised under forced sexual misconduct.

However, its also noteworthy that in 2010, eight men were convicted for forced sexual misconduct but the following year the sentenced decreased by 50 percent. Out of the men charged with forced sexual misconduct in 2011, six walked free while only four were sentenced.

The 2004 study further added at the time the current law establishes a minimum age limit of 18 for a person to receive adult punishments, but one of the three exceptions is “if the woman has had a child.”

The Judicial report 2011 says that 10 females were convicted for “giving birth outside a wedlock”, including a minor – a criminal offense which explicitly is directed at women and carries a sentence of maximum one to two years house arrest.

The UNICEF study explained that the current law allows for a young woman under the age of 18, who has been a victim of sexual abuse and is consequently pregnant, to receive lashings in a public setting.

“The victim must then endure the pain and public humiliation of her situation, both the illegitimate pregnancy and the public lashings, which have significant ramifications for her subsequent life opportunities. The perpetrator, on the other hand, is likely to remain publicly unidentified.” it noted.

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Case against Nasheed for defamation of Police Commissioner postponed indefinitely

Former President Mohamed Nasheed’s legal team on Sunday stated they had not been officially informed by the civil court of the rescheduling of the defamation case filed by Commissioner of Police Abdulla Riyaz against Nasheed.

A member of Nasheed’s legal team, Hisaan Hussain, said they had seen local news reports that the hearing had been postponed on Riyaz’s request, but had not been officially informed. Hussain said they had no information as to when the hearing had been rescheduled to.

“The procedure is that the person who filed the case has to request for postponement at least one hour before the hearing. We don’t know when Riyaz sent in the request, we saw it in the news around 11:15pm,” Hassan said.

In addition to this, the legal team noted that they had so far not received details of the case and were not aware which action or words of Nasheed had prompted Riyaz to file the defamation case against him.

“We haven’t had any official word as to why the case has been filed. Again, through local media we have heard it was because Nasheed had called Riyaz a ‘baaghee’ (traitor). What we have heard through official means is only that it is a case for defamation, and that Riyaz wants compensation for a loss that this alleged defamation has caused him,” Hassan said.

Another member of the legal team, former Minister of Youth and Sports Hassan Latheef, pointed out that while Riyaz had filed the defamation case in the civil court, the police were continuously arresting people for calling them ‘baaghee’ (traitor) on the streets, and that the criminal court was continuing to provide extensions of detention periods for people arrested under the charges.

“The articles in the penal code against defamation has been removed. Defamation is now considered a civil offence, and yet police continue to arrest people for expressing their opinions on the police force under what can only be perceived as charges of defamation,” Latheef said.

A second  case regarding similar defamation allegations against Defence Minister Mohamed Nazim is also pending.

Hassan added that they believed the police were arresting people under the directives coming from the Commissioner of Police. Emphasizing the contradiction, Hassan further said, “We believe this is something Riyaz needs to answer to the people for. This is because people are continuing to be arrested, jailed and charged for the matter. The Police Commissioner needs to make up his mind whether he perceives defamation as a civil or criminal offence.”

In response to a question posed by Minivan News, Latheef said that Nasheed would respect the decisions reached by the National Executive Council (NEC) of the Maldivian Democratic Party (MDP), referring to the NEC’s decision to not abide by court orders until the changes proposed by international community are brought to the Maldivian judicial system.

“Since President Nasheed is MDP’s presidential candidate, he accepts that a decision by the NEC is one that he, too, would wish to abide by in principle. The NEC, after much consideration, came to that decision. Hence President Nasheed believes that he will act in accordance with it,” Latheef said.

The legal team stated that Nasheed would decide whether or not to attend the hearing once he is officially notified of the rescheduling by the civil court.

MDP International Spokesperson Hamid Abdul Ghafoor told Minivan News today that the MDP would go ahead with the scheduled trip to the atolls, although the Hulhumale’ Magistrate Court has placed Nasheed under island arrest with regard to a case against him for the arrest of Criminal Court Chief Judge Abdulla Mohamed.

“We will be leaving tomorrow for the southern campaign. We will not budge,” he said.

Minivan News tried contacting Commissioner of Police Abdulla Riyaz, but he was not responding to calls.

Maldives Police Services Media Official Sub Inspector Hassan Haneef was also not responding to calls.

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Canadian Foreign Minister “glad that Maldives remains on CMAG agenda”

“Canada with others fought to keep Maldives on the Commonwealth Ministerial Action Group agenda, and we are glad it remains there,” said Canadian Foreign Minister and member of the Commonwealth Ministerial Action Group (CMAG), John Baird.

“We will continue to focus on anti-democratic activities in the Maldives, especially in terms of police brutality, and intimidation of opposition parliamentarians,” said Baird in a statement released by the Canadian government.

“Canada is deeply troubled by the reported September 25 travel ban of former President Nasheed in Malé,” he added.

Baird’s statement evinces a level of confusion following CMAG’s decision yesterday to revoke the Maldives’ suspension from participation in the group’s affairs, whilst retaining it under the ‘matters of interest’ on its agenda.

Local media immediately ran with the headline “CMAG removes Maldives from official agenda” whilst the Home Minister Mohamed Jameel Ahmed tweeted, “Congratulating Maldives, CMAG has removed Maldives from its Agenda, it proves that the current government is for Rule of Law.”

Baird, present at yesterday’s meeting alongside President Dr Mohamed Waheed Hassan, expressed his concern at Waheed’s response when he was asked “about the persecution of 19 Maldives Democratic Party (MDP) politicians and party officials.”

“President Waheed offered no substantial defence of these questions, which is a telling response in itself,” said Baird. “Canada finds the declining state of democratic values in the Maldives alarming and deeply troubling.”

“The recently adopted Commission of National Inquiry report has raised substantial concerns about the independence of the judiciary. That too causes Canada grave concern as we strive to assure independent open elections in the Maldives,” he added.

The MDP last week documented such instances of perceived harassment in a press release titled “Immunity Watch Maldives”.

The CMAG meeting coincided with a nationwide demonstration by Nasheed’s Maldivian Democratic Party (MDP) in protest against Nasheed’s travel ban which the courts have defended as standard practice.

MDP spokesman Imthiyaz Fahmy told Minivan News that the 7,000 people marched around the island yesterday afternoon what he described as “one of the biggest [protests]  in recent times.”

He stated that there had been no confrontations with police, a fact confirmed by Police Spokesman Sub–Inspector Hassan Haneef who confirmed that there had been no arrests.

At the MDP’s National Executive Council, local media reported former Minister of Housing Mohamed Aslam as saying that Nasheed would not comply with the court-issued travel ban following the party’s decision to reject the authority of the courts.

“We are prepared to do the necessary to get him onboard. We are willing to sacrifice, to ensure that Nasheed does not lose his presidential candidacy. We will not give in. We are prepared follow Nasheed to prison,” Aslam is reported as saying.

Nasheed’s legal team expressed its deep concerns over the legality of the court’s procedures regarding Nasheed’s multiple trials regarding defamation of cabinet ministers and the detention of Chief Judge Abdulla Mohamed.

Nasheed was scheduled to travel to the Southern atolls as part of his campaign for the constitutionally mandated elections in 12 months time.

Imthiyaz confirmed that Nasheed would be travelling with the party on Monday although he was unsure as to whether the former president would be in court tomorrow for the first of his two defamation cases.

Nasheed had previously requested that the criminal case regarding Abdulla Mohamed be expedited and was reported as being keen to have his day in court.

Baird’s statement pledged Canada’s intention to “forcefully” raise its concerns at subsequent CMAG meetings in order to ensure the Commonwealth’s values of democracy, human rights and the rule of law are not violated.

CMAG’s power to protect these values was strengthened during a meeting of the Commonwealth Heads of Government (CHOGM) in Perth in 2009.

During a speech made during the United Nations General Assembly (UNGA) earlier this week, President Waheed made aimed a thinly veiled attack at the Commonwealth, questioning the 54-member organisation’s commitment to equity and the rule of law.

Previous expressions of concern regarding politicisation of the legal process made by Baird at the beginning of August were condemned by the Maldivian government as “one-sided” and “misleading”.

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Maldives’ suspension from CMAG lifted, remains on agenda as “matter of interest”

The Maldives is to remain on the Commonwealth Ministerial Action Group (CMAG)’s agenda under the item “Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has been revoked.

The decision means Foreign Minister Abdul Samad will be able to able to participate in CMAG affairs following the Maldives’ suspension in February over concerns about the nature of the transition of power.

A Commonwealth-backed Commission of National Inquiry (CNI) claimed in August that the transfer of power was legitimate, that former President Nasheed was not under duress, and that there was no police mutiny.

Despite significant reservations regarding evidence and witness statements that had not been considered, Nasheed said he was accepting the findings for political expediency. However it had, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

In the CMAG statement, “Ministers noted the report’s conclusion that the change of President in the Republic of Maldives on 7 February 2012 was legal and constitutional, but also that certain acts of police brutality had occurred during that period which should be further investigated. They looked forward to advice from the Government of Maldives on progress with those investigations.”

CMAG also “underlined their concern that all parties in Maldives needed to work towards resolving the climate of division and discontent in order to bring about lasting national reconciliation.”

“Ministers noted the importance of ensuring that the Majlis worked purposefully on critical legislation, without further risk of disruption. Ministers again urged against any actions that might provoke or incite violence.”

Nasheed is this week facing trial for defaming the Defence Minister Mohamed Nazim for describing him as a “baghee” (traitor), and detaining Chief Judge of the Criminal Court Abdulla Mohamed during his administration. Nasheed’s party have dismissed the charges as an attempt to convict and disqualify Nasheed from the upcoming Presidential elections, using courts loyal to the former 30 year regime.

“Ministers urged party leaders to commit to dialogue, paving the way to credible elections. Ministers emphasised the need to ensure that all parties and leaders are able freely to conduct election campaigns,” the CMAG statement read.

“In accordance with CMAG’s enhanced mandate, as agreed by leaders at the 2011 Commonwealth Heads of Government Meeting, Ministers further agreed that they would continue to engage with Maldives positively and constructively to support Maldives in advancing the Affirmation of Commonwealth Values and Principles, in particular in strengthening the judiciary, in the process of democratic consolidation and in institution building. In this context, Ministers asked the secretary-general to continue to brief the Group on progress in Maldives, including at CMAG’s next meeting,” read the statement.

“Accordingly, CMAG agreed to continue to monitor the situation in Maldives, and to move consideration of Maldives in future to its agenda item “Matters of Interest to CMAG”. Ministers looked forward to Maldives’ resumption of full participation at CMAG’s next meeting, in the absence of any serious concerns.”

On the agenda

The CMAG placed the Maldives on its formal agenda in February although President Waheed’s government has maintained that the group “lacked the mandate“ to to so.

Waheed’s government also spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, in a bid to challenge what they deemed was the Commonwealth’s “biased” stance on the Maldives, and has continued to express disapproval at what it terms “interference” by the Commonwealth.

“It is my belief that the Commonwealth and its institutions have treated us very badly,” wrote President Waheed’s Special Advisor Dr Hassan Saeed in a newspaper column.

“I would now argue that if CMAG does not remove the Maldives from its agenda, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world.”

The Hulhumale Magistrate Court has meanwhile confined Nasheed to Male’ ahead of his trial this week. His legal team have expressed concern over a host of irregularities, such as the appointment of a panel of three judges not from the Hulhulmale court – that they say will deny the former President a fair trial.

The matter is likely to come to a head this week, after Nasheed’s party decided that it would no longer follow any orders given by the courts of the Maldives until the changes proposed by international entities were brought to the Maldivian judicial system.

The party said the decision was reached as to date, they had observed no efforts to improve the judicial system based on the recommendations put forward in reports released by numerous international organisations.

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GMR dispute not putting off foreign investors, claims Chamber of Commerce

The Maldives National Chamber of Commerce and Industries (MNCCI) has claimed legal wrangling between the government and India-based developer GMR over a multi-million dollar airport development will not harm confidence in the country’s “challenging” investment climate.

Under the terms of the Ibrahim Nasir International Airport (INIA) agreement – the largest ever foreign investment in the Maldives’ history – GMR signed a 25 year concession agreement to develop and manage the site, as well as redevelop the existing terminal by the end of this year.

However, the coalition government of President Dr Mohamed Waheed Hassan since coming to power has continued to press to “re-nationalise” the airport, with the country’s Deputy Tourism Minister this week confirming in Indian media that the administration wouldn’t “rule out the possibility of cancelling the award [to GMR]”.

Both parties are presently involved in an arbitration case in Singapore over the airport development as several government coalition parties including the country’s religious Adhaalath Party (AP) held a gathering in Male’ on Thursday showing a “united stand” on opposing the GMR deal until the airport was “liberated”.

MNCCI Vice President Ishmael Asif contended that ongoing legal disputes linked to both the GMR agreement and another high-profile contract to manage a border control system with Malaysia-based Nexbis were not among concerns foreign investors had raised with the chamber.

“GMR has nothing to do with the investment climate here, at the end of the day it is a personal concern for the company and more a matter of local politics,” he claimed.

When questioned on the perceived financial factors behind the “quite challenging” investment climate, Asif pointed to political unrest in the country in the build up ad aftermath of February’s controversial transfer of power.

“A second factor is that in major investment markets like Europe, the economy is not doing very well, which does have an impact,” he said. “Locally of course, the problem is politics.”

Asif added that among the key concerns raised by foreign investors to the MNCCI about doing business in the Maldives were concerns about locals laws and regulations, particularly regarding depositioning and withdrawing funds.

The MNCCI also questioned the current importance of Sri Lanka and India for investment and trade opportunities in the country, compared to markets like Australia and the Middle East. Asif claimed that India and Sri Lanka mainly traded certain local foodstuffs with the Maldives, rather than providing large-scale investment projects.

“In terms of the affects to the investment climate, I don’t think there will be much of an impact on other investors from the GMR issue,” he said.

Conversely, Asif said that the MNNCI had been concerned about the impact of the GMR deal on local businesses, alleging that a planning council related to the infrastructure group’s bid had not been open to the public or its members.

“The public was kept in the dark over this matter,” he said, adding that local workers were concerned about the pact of GMR’s airport development. “All local businesses had to move out of the airport and were shut down.”

Asif pointed to the case of local enterprises such as MVK Maldives Private Limited, which in December last year was ordered by the Civil Court to vacate the Alpha MVKB Duty Free shop based at INIA after its agreement had expired.

GMR officials began to physically remove the Alpha MVKB Duty Free Shop at INIA after “several notices” to vacate the area were “ignored”.

On December 14, company CEO Ibrahim Shafeeq held a protest “to demonstrate our opinions and dislike of what GMR has done to us, and to get public responses.”

Speaking to private broadcaster Raaje TV this week, former Economic Development Minister Mahmoud Razee, who had worked with the previous government and international partners on the GMR agreement denied that the deal had resulted in local enterprises being kicked out.

“The privatisation policy does not itself kick others out. It is about honouring the contract. No one has actually been kicked out, but private parties have opportunities to participate. The issue that has always existed is getting cheap capital for small scale businesses,” he claimed.

Razee claimed that the GMR deal reflected a commitment by the former government to pursue privatisation as outlined in the Maldivian Democratic Party’s (MDP’s) manifesto.

“Firstly, if or when anything is run like a business, private people are more skilled and efficient. They are far more competent and they work for profit unlike the government,” he claimed.  “This means it requires less cost for the government, but needs more outside investment or capital. Private people are more skilled and efficient in terms of managing. The end product thus is more beneficial.”

Addressing criticisms from some local politicians that privatisation provided no benefits to the nation, Razee conceded there was an element of truth to the assumption, but stressed it did not reflect longer-term economic benefits.

“Because the investment is huge, the project is big; the first beneficiaries are always the investors. True. The benefits go to the foreigners,” he said. “In foreign countries, they make a consortium, which means the profits are being shared within multiple parties. For example, if a Turkish company is investing here, it doesn’t mean they do everything themselves. If they are developing a property, the construction, or other necessary work is done through local companies.”

Despite the claims, local media reported that a gathering at Male’ artificial beach area went ahead on Thursday (September 27) as part of a protest under the name “The Maldivians’ airport to Maldivians”.

According to local media, of the government-aligned parties represented, only the leaders of the Adhaalath Party such as were witnessed in attendance during the gathering.

“The protest… was not participated [in] by large numbers of people,” according to the Haveeru newspaper.

During the demonstration, a number of speakers reportedly called for action to “regain” the airport from GMR and annul the current development agreement, while claiming the estimated US$700 million required by the company in compensation would be lower.
The gathering is expected to be the first in an ongoing series of events to push for the airport to be “renationalised”.

Both AP President Sheikh Imran Abdulla and Minister of State for Islamic Affairs Mohamed Didi were not responding to calls from Minivan News at the time of press.

Despite these commitments, the Dhivehi Rayyithunge Party (DRP) has said it would not join its fellow government coalition partners in protests to oppose the airport privatisation contract, claiming any resolution to the dispute must be made through the courts.

DRP Spokesperson Ibrahim Shareef has told Minivan News this week that while the party itself questioned if the GMR deal was in the best interest of the public, “due process” had to be followed through proper legal channels in order to establish if any wrong doing had occurred with the airport contract.

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