Category: Society & Culture

Cabinet passes, ACC challenges Nexbis border control system

The Anti-Corruption Commission (ACC) has filed a court case against the Rf500 million Border Control System proposed by the Department of Immigration and Emigration and signed by the government in November 2010.

Malaysia’s Nexbis Limited has been contracted to develop the system.

ACC’s case follows yesterday’s Cabinet decision to resume the border control programme with Nexbis. ACC has not revealed details of the case, and had not responded to inquiries at time of press.

Officials close to the matter said corruption was a concern. Earlier this year, the ACC had asked the government to halt program proceedings on suspicion of corruption during the bidding process.

Immigration Controller Abdulla Shahid told Minivan News that the government maintains its aim to launch the system after Eid festivities and SAARC events have been concluded this month.

“It is common in most developed and developing countries to have an electronic border control system, such as this one,” said Shahid, noting that Sri Lanka, Malaysia and Thailand had already subscribed to similar programs.

Immigration Department had signed a 20-year build, operate, and transfer (BOT) concession contract with Nexbis on October 17, 2010 when the ACC requested the department adjourn the signing ceremony due to a “serious” public complaint.

Nexbis shares immediately plunged 6.3 percent on the back of the ACC’s announcement. The company subsequently issued a statement claiming that speculation over corruption was “politically motivated” and had “wrought irreparable damage to Nexbis’ reputation and brand name.”

President Mohamed Nasheed upheld the ACC’s request in January 2011, and in late May the Cabinet deliberated the matter and approved the programme, overruling the ACC’s reservations.

However, operations were stalled and in August, Nexbis threatened legal action against the Maldives’ Immigration Department if action on the border control agreement was not taken. The company had allegedly bought equipment and paid import duties to the government, and was incurring losses while waiting for a resolution from the Maldivian government.

The Rf500 million project would install an electronic border gate system in Male’s Ibrahim Nasir International Airport (INIA), bringing technological upgrades such as facial recognition, fingerprint identification and e-gates to the Maldives, which has struggled with loose immigration policies and reports of human trafficking.

The Maldives currently holds a 10-year contract for passport production and scanning services with an Austrian company, Shahid said.

Local media has reported that the Nexbis program does not include the expected technological upgrades including automated facial recognition, e-gates and passport production. Shahid confirmed today that those features are included in the program.

“The Nexbis system would make the immigration and security process simpler and more secure for everyone involved,” he said.

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Drug kingpin arrested in India

A Maldivian drug kingpin, who was among the top six dealers the President announced had been identified by the government, has been arrested in India on a joint special operation conducted by Maldives police and the Indian Drug Bureau.

Police Sub-Inspector Ahmed Shiyam confirmed that the man was arrested yesterday while he was in India.

“He was arrested in a joint special operation conducted by the police Drug Enforcement Department and India’s Drug Bureau,” Shiyam said. “He is currently being held in detention in India.”

Shiyam said that his name and other details of the operation will be provided later.

On February 28 last year, Criminal Court ruled that Adam Naseer of H. Reendhooge was innocent of dealing drugs. He was later named by the President as one of the top drug dealers in the Maldives.

Police searched Naseer’s home in Addu Atoll on 30 June 2009, where they found over Rf6 million (US$461,500) in cash and a tin containing drugs outside his house.

On June 26, police arrested an individual suspected of being one of the Maldives’ most high-profile drug dealers after spending several months collecting information about his procedures for importing narcotics.

The Head of the police’s Drug Enforcement Department (DED), Superintendent Mohamed Jinah, told members of the press that the alleged drug lord was arrested on June 24, along with several companions also suspected of being involved in supplying drugs.

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Police question Ibra over “unclear” offence

Police summoned President’s Advisor Ibrahim ‘Ibra’ Ismail for questioning last night after the Judicial Service Commission (JSC) requested the former Male’ MP be investigated for calling on the public to “rise up and sort out the judges” at a Maldivian Democratic Party (MDP) rally on September 2.

Speaking to press outside police headquarters, Ibra’s lawyer Ahmed Abdulla Afeef said “it was unclear” what offence or crime Ibra was suspected or accused of committing.

“Police said it was to clarify information after a letter was sent from the Judicial Service Commission,” he explained, adding that the alleged offence, or under which specific penal provision the investigation was to be conducted, was not clearly stated.

The letter from the JSC referred to an article on newspaper Haveeru reporting Ibra’s remarks at the September 2 MDP rally at Kaafu Thulusdhoo, Afeef said, stressing that neither police nor the JSC letter referred to any violation of laws.

“Judges are issuing verdicts any way they please. The effort we have to make against this is not inconsiderable. It was citizens who came out and ousted Maumoon from power. The matter of judges too can only be sorted out by citizens rising up,” Ibra, who was also the first elected president of MDP, was quoted as saying in newspaper Haveeru.

Ibra said last night he had “complete assurance” that criminal charges could not be pressed against him “because I have not committed a crime specified in the law.”

The former chair of the Special Majlis’ constitution drafting committee urged police to conduct a full investigation.

Ibra added that he was “very happy” that “today we have police who brings the law to bear on people in high posts of the government.”

“I won’t [exercise the right to] remain silent to evade the law, I won’t obstruct police investigations and court trials through various means to evade the law,” he asserted.

“Runaway judiciary”

The JSC is constitutionally mandated to investigate complaints of misconduct by judges, take disciplinary action and recommend dismissal of judges by parliament (through a two-thirds majority). Last year, 143 complaints were filed at the commission; by its own statistics none were tabled and only five were ever replied to.

Outspoken whistle-blower and then-President’s member on the JSC, Aishath Velezine, was meanwhile stabbed in the street in January this year.

In late 2010, Velezinee launched an emotive appeal against “a runaway judiciary” and the constitutionally-mandated reappointment of judges after vetting by the JSC, despite a quarter of sitting judges possessing criminal records and many having only finished seventh grade.

The majority of the current bench was appointed by former President Maumoom Abdul Gayoom, who was “the highest authority on administering justice” under the old constitution, with powers to appoint and dismiss judges as well as grant pardons and amnesties.

In an interview with Minivan News in September, Ibra argued that the JSC had been “compromised” and “the Supreme Court and key elements within the judiciary are still controlled by Gayoom – directly or indirectly.”

Ibra’s criticism of the judiciary at a ruling party rally in September prompted the JSC to conduct an “emergency meeting” where it decided to ask the “relevant authorities” to carry out an official investigation.

The Supreme Court meanwhile issued a press statement contending that Ibra’s remarks encouraged “the illegal curtailment of the tasks of the judiciary” and could lead to “the loss of peace and security of the Maldivian state and plunge the nation into unrest.”

Supreme Court Justice Adam Mohamed Abdulla is also the chair of the JSC, which has three judges from three tiers of the judiciary, one lawyer elected by licensed lawyers, one member of the public, the Speaker of parliament, an MP elected by parliament, a member of the President, the Attorney General and the chair of the Civil Service Commission (CSC).

Ibra meanwhile sued the Supreme Court last month for defamation in light of its statement. Shortly after the case registered, the apex court issued a writ of prohibition and took over the defamation case against itself from the Civil Court.

As a result, Ibra said at the time, “I now have to go before the Supreme Court and say to them ‘You have defamed me, now please decide in my favour.’”

He suggested that the Supreme Court’s reaction “establishes what I originally claimed. We as citizens – the public – have to do something. We can’t let seven idiots hijack the justice system of the entire country.”

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PIC investigating police handling of MDP protest

The Police Integrity Commission (PIC) is investigating police handling of a ruling Maldivian Democratic Party (MDP) protest on October 20 outside the Supreme Court that spread to the residence of former President Maumoon Abdul Gayoom.

Speaking at a press conference today, PIC Chair Shahinda Ismail revealed that four people lodged complaints with the commission after the disturbances outside Gayoom’s residence Endherimaage.

“While protests around the area of the Supreme Court are definitely prohibited, I believe that police failed to carry out their responsibilities by allowing people to gather there,” she said.

In a press statement last week, the PIC questioned whether police had done enough to control the protest and prevent damages to private property. The commission said it would investigate the events of the day and recommend legal action.

After a wooden plank allegedly thrown from Gayoom’s residence critically injured a 17-year-old, MDP activists threw rocks at the building, clashed with Gayoom supporters blocking the entrance and tried to knock down the door of adjoining residence Maafanu Endherigas.

Police Sub-Inspector Ahmed Shiyam explained last week that demonstrations in certain areas, including courts and army gates, are prohibited by the Regulation on Assembly, put in place by executive decree under the previous government.

“Members of the Maldivian Democratic Party and Dhivehi Rayithunge Party (DRP) have both gathered in these areas though, even though we have requested them not to. Some of them have gone to the army gates and the President’s gate as well, so occasionally we have to address the issue,” he said.

Police meanwhile issued a press statement last night defending its actions on the day of the MDP protest, claiming that “some people are trying to blame police and relentlessly spreading misinformation to mislead the public.”

Prior to the protest, which was announced to begin at 3.30pm, the statement noted that police put up security lines and road blocks at 2.45pm around the Supreme Court and cordoned off the area.

“The area was closed off to prevent people from gathering there and to ensure there was no hindrance to the hearing to be conducted at the Supreme Court,” the police statement said.

However, while police made way for MP Mohamed Musthafa to enter the Supreme Court, “others entered into the cordoned area saying they had registered for the hearing.”

“As police had not been provided with information about those authorised to observe the hearing, while they entered the area others who had not been registered also came in,” police said.

As the Supreme Court had requested security and police believed that attempts to arrest protesters and disperse the crowd could have led to disturbances and affected the hearing, “police tried to control the protest and prevent more people from coming into [the cordoned area] until the hearing was concluded.”

The statement noted that in similar circumstances police used its discretion to restrain from using force to ensure that “the work of state institutions are not disrupted.”

When the crowd marched to Endherimaage after Musthafa emerged from court, police officers remained outside the Supreme Court.

Police officers were dispatched to the area around Endherimaage shortly after clashes erupted, the statement noted, and the officers were able to control the disturbances and disperse the crowd.

Minivan News journalists at the scene noted that police arrived after several MDP activists attempted to knock down the door of Endherigas and Endherimaage. Some protesters had briefly entered Endherigas but were kept out by a young man wielding a metal cone.

Police officers however blocked the entrance of both houses after they arrived at the scene, some 10 or 15 minutes after the violence erupted.

The police statement meanwhile criticised the PIC for putting out its statement last week allegedly without clarifying the matter with police.

“As the Police Integrity Commission is a commission formed to investigate with fairness complaints against police, this service deeply regrets [the commission] releasing such statements based on false information being spread in the media by political parties for political reasons without completing its investigation and unlike how it acts in similar cases,” it reads.

The statement alleged that individual police officers were facing intimidation from politicians, which was “unacceptable.”

At today’s PIC conference, Shahinda however denied that the commission acted any differently in the wake of the controversial MDP protest.

The purpose of the statement was to assure the public that it was investigating the incidents, she continued, noting that the four complainants were not all political parties with a political motivation.

“We have released statements regarding other serious cases as well where we wanted to appeal to the police,” she said.

Asked if police were subject to undue political influence, Shahinda said she could not comment on the present case before the inquiry was over, “but generally I don’t believe there is political influence over police.”

Shahinda also said that the police explanation for not dispersing the crowd was not a valid reason.

“After people had already gathered, not dispersing the crowd saying the hearing could be affected is not an acceptable excuse,” she said. “I don’t believe people should have been allowed to gather there in the first place.”

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New bug kills young to stop dengue

An experiment by British biotechnology company Oxitec Limited has yielded mosquitoes genetically engineered to prevent the spread of dengue fever by killing their own offspring.

The mosquitoes, formally termed aedes aegypti RIDL strain, transmit a lethal gene to their offspring which kills them before they reach maturity. Only male mosquitoes carry the gene.

The engineered mosquitoes were first released in the Cayman Islands in 2009 in a 25-acre area. A report published yesterday (October 30) revealed signs of success.

According to the traps, genetically engineered male mosquitoes accounted for 16 percent of the total male population in the test area, while 10 percent of the larvae contained the lethal gene. Scientists concluded that although genetically engineered males were half as successful at mating as normal mosquitoes, their activities would still suppress the population in dengue-endemic areas.

A larger trial on Grand Cayman island in 2010 reduced the targeted mosquito population by 80 percent for three months, Oxitec has reported.

“The results, and other work elsewhere, could herald an age in which genetically modified insects will be used to help control agricultural pests and insect-borne diseases like dengue fever and malaria,” the US’ New York Times reported today.

The insects have also been released in Brazil and nearby Malaysia.

Dengue is reported in between 50 and 100 million cases each year, and accounts for an estimated 25,000 deaths. According to Oxitec, dengue threatens 50 percent of the world’s population and costs the global economy US$4 billion annually.

The new bug could prove useful to the Maldives. Though it ranks number one on South-East Asia’s list of malaria-free zones, the Maldives continues to combat dengue fever annually.

This year, hospitals documented the highest number of fatalities when Ahmed Shinah of Vaadhoo in Gaaf Dhaal Atoll succumbed to the disease in July. An Oxitec report shows a steady increase in cases weekly since 2009.

Director General of Health Services Dr. Ibrahim Yasir said health officials are aware of Oxitec’s experiment but are awaiting confirmation that the mosquitoes are a valid solution.

“We have heard about it, but we are not discussing the experiment at a policy level right now,” Yasir said. “We are waiting to see how it works in other countries first.”

Yasir was unable to say if the Maldives would be able to genetically modify its own mosquitoes, but noted that the environmental parallels between Malaysia and the Maldives gave officials confidence in Malaysia’s results.

“We will not pilot the experiment here, but I think the way they are exploring it in Malaysia will help us decide if it safe for the Maldives. It could certainly be a cutting edge solution to dengue,” Yasir said.

The Maldives is particularly vulnerable to the impact of dengue. Using Maldives as an example, Oxitec reported that dengue cases had occurred more frequently this year than in the two years previous in tourism-dependent countries. Travel warnings were issued by various government and international health organisations for these areas.

The economic impact of even a warning can be significant for tourism-dependent countries such as the Maldives, Oxitec claims. A paper by Mavalankar et al. found that French Réunion lost 40 percent of its tourism traffic in the year following the 2005-2006 chikungunya oubreak. The paper estimated that a country such as Thailand could lose US$363 million annually for every four percent drop in tourism traffic.

Deputy Director General of Tourism Hassan Zameel said dengue had never been reported on resorts in the Maldives, and was not expected to become a concern.

“Of course dengue is a problem if it becomes widespread and cannot be controlled, but the government has given this lots of thought and emergency mechanisms are in place,” he said, adding that emergency procedures were carried out effectively for the outbreak in July and August.

“Cases are mostly reported on local islands. Resorts have their own methods involving sprays and smoke to counter the spread of mosquitoes. They’re doing very well at controlling it. But I don’t think it will be an issue moving forward,” Zameel added.

Oxitec lately opened a new facility to serve further experiments in Brazil and Malaysia. However, the program is also being criticised for possible health and environmental risks.

Unlike an antibiotic, mosquitoes cannot be recalled once they have been released. Some scientists interviewed by the Times said the insects could develop a resilience to the gene and survive. Todd Shelly of Hawaii’s Agricultural Department said 3.5 percent of the insects in a lab test survived the gene and matured into adulthood.

The mosquitoes are also sorted by hand according to gender, leaving room for error which could be signficant when thousands are released over an area.

One possible solution is modifying female mosquitoes, which do not carry the lethal gene, to stay grounded.

Chief Scientist at Oxitec Dr. Luke Alphey deemed the new approach safe because it releases only males, while only females bite people and spread the disease. He said it should have little environmental impact, reports the Times.

Meanwhile, authorities in Florida, United States hope to conduct an experimental release of the bugs in December.

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Reported increase in practice of female circumcision raises alarm

Claims that female circumcision is rising in practice in the Maldives have triggered alarm across the government and NGO sector.

“We are beginning to hear reports of this occurring, and I have heard on radio and television people justifying the practice. It is quite disheartening,” said Vice President Dr Mohamed Waheed Hassan, speaking at a UN event last week.

Then-Attorney General Husnu Suood raised concern in December 2009 that female circumcision in the name of Islam had been revived in Addu Atoll, claiming that religious scholars “are going around to midwives giving fatwas that girls have to be circumcised. They’re giving fatwas saying it is religiously compulsory. According to my information, the circumcising of girls has started and is going on with a new spirit.”

Minivan News subsequently traveled to Addu to investigate the matter and meet with sources, but was unable to determine if the practice was indeed occurring.

Speaking last week, Dr Waheed did not pinpoint a specific area where female circumcision was taking place, but attributed the “general trend” to “rising conservatism and traditional values imported from other parts of the world.”

“Mostly this is a failure of education – there are not enough opportunities for higher education and many students receive free offers to go to madrassas in places like Pakistan, where they learn very traditional values,” Dr Waheed said.

A source from the Health Ministry’s Department of Gender and Family Protection told Minivan News that while female circumcision was widely known to have occurred in the Maldives, it stopped in the 80s and 90s but “now we are hearing media reports that it is happening again.”

The Ministry was not aware where the practice was occurring, but said it intended to investigate.

“There is no formal reporting happening in the islands,” she said. “We have been trying to get reports but health facilities are not aware of the situation.”

Deputy Health Minister Fathimath Afiya meanwhile confirmed that the Ministry was sufficiently concerned to launch a study seeking to identify where female circumcision was occuring.

“There are no reports but NGOs have been talking about it,” she said, stating the Ministry had held a series of meetings on the subject after it received a letter voicing concern from NGO ‘Hope for Women’.

Interim President of that NGO, former Gender Minister Aneesa Ahmed, confirmed to Minivan News today that “some Islamic organisations are advocating this and people are having girls circumcised. I don’t know where and when, but I have heard people say on various programs including Raajje radio.

“I heard two Islamic scholars speaking, and this woman called the radio station and asked two Islamic scholars on the program what Islam said about [female circumcision], and the scholar said yes, that the Prophet Mohamed advocated that girls be circumcised. My concern is that scholars are advocating this has to be done according to Islam, people will not question it and start circumcising girls.”

Aneesa said a representative from the NGO had met with State Minister for Islamic Affairs, Sheikh Hussein Rasheed, who said there was “no question about it: that girls had to be circumcised.”

When Minivan News spoke to Sheikh Rasheed today, he said he did not wish to comment on the matter as he had a meeting scheduled with the Health Ministry regarding the issue.

”If I say anything people might assume it was said on behalf of the Islamic Ministry, or that it was the ruling of the Ministry, so I will not say anything for the time being,” he said.

According to Aneesa, the concern was not whether female circumcision was indeed Islamic.
“I am not a scholar, I am not arguing whether it is right under Islam. If that is the case, we should not stop talking about it. We must undo conventions to which the Maldives is party.
“I don’t want girls to go through the negative complications such as infections and bleeding. I am not questioning whether it is Islamic, but if it is, then people need to be properly trained to do it. Some people are asking if boys are circumcised, why not girls? I am not questioning Islam, my concern is the negative [health] impact.”

According to information from the World Health Organisation (WHO), female genital mutilation is divided into four types: “clitoridectomy, the partial or total removal of the clitoris; excision, partial or total removal of the clitoris and the labia minora; infibulation, the narrowing of the vaginal opening through the creation of a covering seal by cutting and repositioning the inner or outer labia, with or without removal of the clitoris; and all other harmful procedures to the female genitalia for non-medical purposes.”

Dr Akjemal Magtymova of the WHO’s Maldives country office told Minivan News that from her limited research into the practice in the Maldives, “it looks like this is not a very intrusive form practiced here. It is more just a following of tradition, a show to a higher power that something has been done about it and the responsibility has been fulfilled.”

Unlike male circumcision there was, she said, “no health benefit to female circumcision.”

“There are risks including infection, infertility, and complications during pregnancy and birth when the wounds are not healed or where there is scar tissue,” she explained.

According to the WHO, girls undergoing the procedure also risk cysts and recurrent bladder and urinary tract infections, as well as more immediate complications including severe pain, shock, haemorrhage, tetanus or sepsis, urine retention, open sores in the genital region and injury to nearby genital tissue.
It was, observed Dr Akjemal, an ethical dilemma around whether to train doctors to perform the operation safely.

“I am not sure about it – if you train doctors to perform the operation, you open it up to business and supply-induced demand. Rather than a practice isolated to traditional healers, it becomes a lucrative business,” she suggested.

Female genital mutilation is widely practiced in Africa with an estimated three million girls undergoing the proceedure each year, the WHO reports. Across Asia only Indonesia reports the practice although it is also believed to be performed in Malaysia.

In 1997, the World Health Organisation (WHO) issued a joint statement with the United Nations Children’s Fund (UNICEF) and the United Nations Population Fund (UNFPA) against the practice, and in February 2008 received wider UN support to increase advocacy against it.

“Female genital mutilation is recognised internationally as a violation of the human rights of girls and women,” the WHO advises. “It reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children. The practice also violates a person’s rights to health, security and physical integrity, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.”

Former State Islamic Minister Sheikh Mohamed Shaheem Ali Saeed, now the Dean of Villa College’s Faculty of Islamic Sharia, said he had studied the issue and determined that there was no valid hadith demanding females be circumcised.

”All scholars who say it is something that Muslim females should do are citing invalid hadiths,” Sheikh Shaheem said, calling for the practice to be stopped.

”Currently it is uncommon in the Maldives. When I was young I used to hear that it was something done, but now it is very uncommon and I think it was carried to this generation more as a cultural thing,” he said.

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Employment Tribunal members took unrecorded overtime pay worth 45 percent of their salaries: audit report

Members of the Employment Tribunal received 45 percent of their salary as overtime pay every month from December 2008 to March 2010 without records of overtime hours, according to the tribunal’s audit report for 2010 made public by the Auditor General’s Office last week.

“Members took a total of Rf275,904 (US$17,892) as overtime pay,” the report found. “While as a rule overtime pay is given based on records of work done after official hours and since overtime pay is not part of the salary, this office believes that the overtime pay should not have been given to members without maintaining records.”

The audit report noted that the Employment Tribunal was asked by the Auditor General in March 2010 to clarify the issue of overtime pay with the President’s Office.

The President’s Office informed the tribunal on March 23, 2010 that the overtime pay should be given based on extra hours worked and not exceeding 45 percent of members’ salary.

After the Auditor General raised the issue of the overtime pay granted from December 2008 to March 2010, the President’s Office designated the payments made as fixed overtime pay.

Among other issues noted in the audit report, the tribunal incurred fines for late payment of utility bills and the responsible staff member did not reimburse the office budget.

In addition, attendance records for part-time members of the tribunal were not kept for the period between December 2008 and March 2009.

Moreover, records dating after March 2009 showed that some part-time members worked only three days a month and minutes of tribunal hearings revealed that part-time members did not attend a number of hearings.

Some hearings were meanwhile cancelled because part-time members on the panel could not attend due to other commitments.

Minutes of meetings also revealed that discussions were held upon request by complainants to reconstitute panels with part-time members due to long delays in resolving disputes.

“While adequate services were not received from part-time members, we note that they were given a total of Rf350,271 (US$22,715) as salary during their time as members [of the tribunal],” the report noted.

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MDP members in Thinadhoo protest inaction over 17 year-old injured by wooden plank

Members of the ruling Maldivian Democratic Party (MDP) in Gaaf Dhaal Thinadhoo conducted a protest march Friday calling on the authorities to bring those responsible to justice after a 17 year-old from the island, Hussein Hassan, was severely injured by a wooden plank allegedly thrown from Maafanu Endherigas.

Hussein Hassan was struck on the head by a wooden pole during an MDP protest on October 20 outside Maafanu Endherimaage, residence of the former President Maumoon Abdul Gayoom.

The injury left the 17 year-old with skull fractures and paralysis down one side of his body.

According to the MDP website, about 300 participated in the protest, carrying party flags as well as placards and banners condemning the release of Gassan and calling for the perpetrator to face trial and answer for the crime.

While Police arrested Mohamed Gassan Maumoon, son of the former President, on suspicion of hurling the wooden block last week, the Criminal Court ruled that his arrest was unlawful as due process was not followed and ordered his release.

Following his release and media reports suggesting the incident took place, police exhibited video footage of the wooden pole striking the 17 year-old victim on the head while MDP protesters were outside Endherimaage.

Gassan’s lawyer, Mohamed Waheed Ibrahim ‘Wadde’, claimed to local media that the plank was thrown by a protester.

At the police briefing, Superintendent Mohamed Jinah said police wished to “reveal the truth” about the incident as “deliberately false allegations have been made against police using the media” and “relentless efforts” had been made to cast aspersions on police and its senior officers.

“We had reasons to implicate Gassan Maumoon in this matter,” Jinah said, adding that police had statements from eight witnesses who saw Gassan on the balcony as well as photos taken by a police forensic team of wooden poles inside the Endherimaage building Thursday night.

In addition to eyewitness testimony and forensic evidence, said Jinah, the “most important reason” for suspecting Gassan was his admission upon questioning that he did step out to the balcony.

Following his admission, said Jinah, “after a gesture from his lawyer he then exercised the right to remain silent.”

Upon request by police, the Criminal Court has since imposed a travel ban on Gassan for one month.

“Trial by media”

In a statement released to local media on Thursday, Gassan denied the allegations and insisted he would prove his innocence in a court of law.

Gassan accused Superintendent Jinah of using his statements during questions for “political purposes,” explaining that he chose to remain silent out of concern that the investigation was politically-motivated and could be used to harm his family.

Gassan said he exercised the constitutional right to remain silent after police appeared to “casting a net” around him for political ends.

The former President’s son concluded his statement by accusing police of attempting to conduct “trial by media” and making misleading statements to the public.

In interviews with local media outlets, Gassan claimed police senior officials were motivated by a desire for promotions as a reward for his arrest and detention.

“Double-standards in double-quick time”

Gassan’s release was meanwhile condemned by the ruling party as testament to the “open double-standards” and “politicisation” of senior judges.

“When former President Gayoom’s son is arrested – for an extremely serious offence, namely leaving a young man with brain damage – the court convenes extraordinarily at 16:00hrs the same day and, after ignoring materials provided by the police to support his detention, is able to hand down a judgment of unlawful arrest that evening,” noted Chairman ‘Reeko’ Moosa Manik in a statement. “Compare this with the treatment of Ilham, an MDP activist who was arrested for damaging private property and who the very same Criminal Court decided, at the same time as freeing Ghassan, to remand in custody for a further five days pending investigations.”

“Senior members of the judiciary are no longer even offering the pretence of due process or rule of law; they are acting according to their own personal interests and allegiances, with complete contempt for justice. A young man is lying in hospital paralyzed down one side, and the chief suspect in the attack last night walked free from court and went with his friends and family to celebrate their “victory”. On the same day, a ‘normal’ citizen, who lacks Ghassan’s family connections, has his detention – on far less serious charges – extended by five days. This is double-standards in double-quick time.”

Last Wednesday, the MDP’s national council approved a resolution submitted by Thinadhoo MP Mohamed Gassan to condemn “the Criminal Court’s obstruction of police efforts to investigate this brutal act” and call on the authorities to take action.

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AG appeals Criminal Court ruling on arrest of Gassan Maumoon

The Attorney General’s (AG) Office has appealed the Criminal Court’s ruling that the arrest of Gassan Maumoon was unconstitutional.

The AG’s Office told local media that it appealed because the court’s ruling contained “legal issues” and was delivered in a case that the police had not filed.

Gassan Maumoon, son of former president Maumoon Abdul Gayoom, was arrested on Monday, October 23 for allegedly throwing a wooden plank that struck and critically injured a 17-year-old boy during a protest outside of the family’s household, Endherimaage.

The protest was held by the ruling Maldivian Democratic Party (MDP) on October 20. Gassan was subsequently summoned twice by police, and later taken to Dhoonidhoo prison for further enquiry.

The Criminal Court however released Gassan under the claim that his arrest violated procedures established by the Supreme Court for operating article 46 of the constitution.

The ruling came after Gassan’s lawyers applied for a writ of ‘habeas corpus’, or release from unlawful detention. They argued that due process was violated as the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.

Article 46 states that, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

President’s Office Press Secretary Mohamed Zuhair added that the court had cited a precedent set by the Supreme Court on a similar case, stating that a suspect should be arrested at the scene of the crime. Otherwise, said Zuhair, a suspect should be arrested at the scene where evidence is found.

Zuhair observed that the court’s policy on article 46 restricts the due course of justice.

“The police had investigated the case and detained Gassan when they thought they had enough evidence. They submitted the evidence to the court and followed the procedures in place. What other procedures should they use, especially in a time-sensitive case such as a case of violence?” he said.

Zuhair added that if the court’s claim against the police’s arrest procedures went undisputed, all individuals arrested during the protest would have to be released.

Police Superintendent Mohamed Jinah insisted at the time of the court’s ruling that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

On October 26, police released 11 suspects who had been arrested without a warrant on suspicion of having committed an offence.

When asked if the appeal was expected to overturn the court’s ruling against the police. Zuhair was optimistic.

There are two key points of argument, he said. “How was a private member of Gayoom’s family able to launch a case in the Criminal Court without first going through the Civil Court, as is the usual course of action, and secondly, how else were the police supposed to submit their evidence, other than the procedure in place, which they used?”

Gassan’s case involves another first: after the police were allegedly summoned to and “thrown out” of the Prosecutor General’s (PG) office, the PG publicly stated that it was seeking legal advice from the Supreme Court. “This is unprecedented, usually these cases are appealed to the High Court,” Zuhair said.

“I hope this is resolved quickly because there is a growing concern among a wide section of society over the impartiality of the judiciary,” he concluded.

Recently, MDP requested international assistance in overcoming the “increasingly blatant collusion between politicians loyal to the former autocratic President, Maumoon Abdul Gayoom, and senior members of the judiciary.”

The request was made in relation to a Supreme Court case in which Gassan has contested MP Mohamed Musthafa’s election to parliament in May 2009.

“The Supreme Court case is the latest installment of an ongoing attempt by Gayoom to secure a parliamentary seat for his son, Gassan Maumoon,” a statement sent by MDP and subsequently forwarded to diplomatic missions and United Nations offices by the Foreign Ministry alleged.

Recent actions in the judicial system have indicated a deep and tangled history of politically biased judicial rulings.

The Judicial Services Commission (JSC), the watchdog body charged with overseeing the judiciary, abolished its Complaints Committee citing “efficiency”, with complaints against judges subsequently forwarded for review by the legal section and Chair Adam Mohamed Abdulla, a Supreme Court Justice.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to.

Chair of the former complaints commission, Aishath Velezinee, was meanwhile stabbed in the street in January this year.

The JSC also failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

In the wake of these developments, Zuhair said lawyers have begun forums to openly discuss allegations against the judicial system. “They are active and getting a fair amount of media coverage, I think they may formulate reforms for two laws concerning judges and the judiciary,” he said.

The laws involve the process of appointing judges to the Supreme Court, and the qualifications required of a Supreme Court judge.

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