Category: Society & Culture

Maldives documentary makes waves at Toronto and North American film festivals

The Island President, a Hollywood-style documentary film featuring President Mohamed Nasheed, premiered at the Toronto International Film Festival (TIFF) today in Canada.

A grant-funded project, the film is one of the first to bring the Maldives’ fight against climate change to the international movie-going audiences. Starting with Nasheed’s initial vow to make the Maldives carbon-neutral, the film documents the president’s efforts to make climate change an important issue for politicians around the globe.

“The ability to sustain human life here is very fragile,” Nasheed says in the documentary. “The most important fight is the fight for our survival…. There is impending disaster.”

The film culminates in Copenhagen, where world leaders met in December 2009 for the United National Climate Change Conference. Although the summit was later reviewed as a failure, it did mark the first time that leading world powers agreed that the issue needed to be addressed.

Actual Films, an Oscar and Emmy-winning American documentary film company based in San Francisco, contacted the Maldivian government in early 2009 and asked for permission to film President Nasheed, members of the government and others as they prepared for the Copenhagen summit.

Director Jon Shenk, who directed the 2003 documentary “Lost Boys of Sudan”, followed Nasheed closely during his first year in office. Shenk told the Los Angeles Times that the documentary team hoped Nasheed would give a personal edge to a groundbreaking environmental and political topic.

“He was willing to be out there and say what a lot of politicians are afraid to say, which intrigued us,” said Shenk. “Climate change is so difficult to grasp and so difficult to generate world momentum around, but there are real people who are going to be affected really soon.”

The film looks inside previously unseen recordings of the Maldivian government’s preparations for the summit, and delivers behind-the-scenes footage from the event itself.

The filmmakers report having an unprecedented level of access to a head of state. Shenk said Nasheed’s candid behavior as a politician was a significant factor in the film’s success.

Nasheed said he was surprised at the film crew’s level of interest in his policies. “We had no idea what we were getting ourselves into at the start,” said Nasheed. “I thought they just wanted to do a longer interview than normal and would leave after a few days. I didn’t expect them to stay for a year!”

The Island President was screened at Colorado’s Telluride Film Festival (TFF) earlier this month, and made it’s debut in Canada yesterday at the Toronto International Film Festival (TIFF).

Reviews about the film vary from enthusiastic to technically critical. David D’arcy’s review on Screendaily.com calls the film “more entertaining and less didactic that An Inconvenient Truth,” and praises the filmmakers for making “visual richness” out of a contradictory story.

Reel Film Reviews criticises the movie’s length, but appreciates the content and leading man. “It’s ultimately Nasheed himself who compensates for the movie’s uneven atmosphere, as the remarkably even-tempered politician comes off as a tremendously likeable and engaging figure who seems universally beloved by his people (and with good reason).”

The review concludes that the film is “a stirring piece of work” that highlights an important issue.

President Nasheed delivered the keynote address on climate change yesterday at TIFF. Nasheed also attended a meeting on the possible Legal Form of New Climate Agreement yesterday, hosted by the Mary Robinson Foundation-Climate Justice (MRFCJ) at the Grantham Research Institute for Climate Change and Environment in London.

The Island President was produced by Richard Berge and Bonni Cohen. Actual Films have spent over two years and $1.5 million in grants making the film, which is due to be aired in the Maldives in early 2012. Reports state, however, that the film does not yet have a domestic distributor.

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Four students and principal drown on school excursion

Almost two-thirds of Male’ attended the funeral on Friday for the principal of Hiriya School and four female students, who drowned off Huraa in Kaafu Atoll during a school fisheries science trip.

The bodies of grade nine students Nash-ath Saeed, Mariyam Naza, Aishath Saniha, Mariyam Shaiha and Hiriya Principal Ali Nazim were brought to Male’ in the afternoon.

The group of students left Hiriya School at 5:45am on Friday morning for a fisheries science field trip. A component of the trip involved snorkelling in an area used regularly by the Maldives National Defence Force (MNDF) for training exercises.

Students entered the sea around 9:30am, accompanied by the school principal.

Haveeru reported sources as saying that Nazim died trying to single-handedly rescue the students, who were allegedly unable to swim when they were caught in eight feet of water in a lagoon north-east of Huraa. The area is known for having very strong currents.

Sun Online reported that Nazim attempted to rescue eight students who found themselves in trouble, and was able to save four before he died.

Sources at the funeral told Minivan News that the panicked students grabbed the principal when he reached them and he was unable to rescue the remaining children.

Relatives who attended the funeral said that the students were not asked whether they knew how to swim, and blamed the school management. No life jackets were taken on the trip, one source claimed, although this was unverified.

Haveeru reported that eight teachers accompanied the school trip of 32 to Huraa, and staff had the necessary first aid requirements.

The bodies were brought to Male’ in a speedboat around 10:40 from nearby Four Seasons resort. Meanwhile, the rest of the students returned yesterday afternoon and parents were summoned to attend the school.

The bodies were first brought to Aasahara cemetery in Galolhu, but due to the large number of mourners attending the funeral, their bodies were moved to the Islamic Centre.

The bodies were scheduled to be laid to rest after Isha prayer at 7:30pm, but of the large numbers the faces of the deceased were only covered at 10:30pm.

Hiriya school principal Ali Nazim

News of the tragedy quickly spread around Male’ and had a profound impact on the city, with reports of many parents ringing their children and begging them not to go in the water.

President Mohamed Nasheed telephoned the families of the deceased, and later announced that the national flag would be flown at half mast for three days.

Education Minister Shifa Mohamed is returning early from her trip to Australia and is expected to arrive in Male’ tomorrow.

Police Commissioner Ahmed Faseeh said a joint investigation into the incident had been launched by the police and Maldives National Defence Force (MNDF).

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Lawyers contest legality of JSC appointment process

A group of lawyers filed a case at the Civil Court today contesting the legality of the Judicial Service Commission’s (JSC) evaluation criteria for selection of judges to superior courts, requesting a court order to halt the appointment process.

On August 29, the JSC announced that 17 shortlisted candidates have been invited for interviews on Saturday (September 10).

The group of lawyers, represented by Ali Hussein and Ismail Visham, contend that regulations drafted by the JSC containing the evaluation criteria conflicted with both the constitution and article 15 of the Judges Act. The lawyers requested that the regulations be abolished and the shortlist be cancelled.

In addition, the lawyers claimed that two shortlisted candidates had close ties – as a spouse and a business partner – with two members of the commission, suggesting a clear conflict of interest as neither had recused themselves from voting in the JSC panel.

Briefing press today, Ali Hussein argued that the evaluation criteria formulated by the JSC unfairly favoured graduates of the College of Islamic Education (Kulliya).

While article 15 of the Judges Act stipulate that candidates for superior courts must possess a first degree in “either Shariah or law,” Ali Hussein explained that under the regulations drafted by the JSC, a candidate with a masters degree and a graduate of Kulliya both receive 25 marks for educational qualification.

“We are saying this is not fair,” he said. “We especially note that the Faculty of Sharia and Law teaches shariah subjects to the same extent as Kulliya [Islamic College], but graduates of the faculty receive 20 marks while students from Kulliya receive 25 marks.”

Kulliya graduates also received higher marks than graduates of the Islamic University of Malaysia, he said.

As 25 marks are to be awarded for the interview, Hussein noted, candidates who were not shortlisted would not receive any marks: “They should also have the chance to receive those 25 marks,” he said.

Moreover, he continued, the JSC criteria also conflicted with the academic rankings of the Maldives Qualification Authority (MQA), formerly the accreditation board, which places Kulliya certificates below those of overseas institutions.

The lawyers noted that shortcomings of the judiciary and lack of public confidence were tied to the lack of qualified judges on the bench.

“One of the main points of concern is that the JSC is the independent statutory body with a legal mandate to develop and improve the judiciary,” said co-counsel Ismail Visham. “But their actions so far suggest that they are trying to service the existing judiciary instead of introducing foreign elements or trying to develop the judiciary.”

As judges are appointed for life, said Visham, “they should be screened better” to ensure necessary academic qualifications, integrity and competency.

The eight claimants against the JSC include Abdul Hameed Abdul Kareem, Hassan Fiyaz, Mohamed Fareed, Husnu Suood (former Attorney General), Anas Abdul Sattar, Mohamed Nizam, Mohamed Iyaz and Ahmed Abdulla Hameed.

In March this year, two senior judges accused the Supreme Court of violating due process and unfairly dismissing a case challenging the legitimacy of the JSC’s appointment of five judges to the High Court.

Criminal Court Judge Abdul Bari Yousuf – an applicant for the bench – filed a case at the Civil Court in January claiming procedural violations in the JSC vetting process.

The Supreme Court however transferred the case from the lower court a day later and conducted two hearings before dismissing it without issuing a verdict. The highest court of appeal had announced on January 21 that it was taking over the case as it involved “a matter of public interest”.

In a letter sent to President Mohamed Nasheed at the time, Chief Judge of the Family Court, Hassan Saaed, claimed that “the fact that the case was dismissed in violation of legal principles and procedures came as a shock to the judiciary.”

Saeed added that as a result of the incident, “the growing confidence that I and ordinary citizens had in the judiciary is lost,” urging the President to “stop this process continuing unlawfully.”

President Nasheed meanwhile appointed former MP Hussein Ibrahim as the President’s member on the JSC yesterday.

In August 2010, the JSC’s controversial reappointment of judges – the majority of whom were appointed by former President Maumoon Abdul Gayoom, who was the highest authority on justice under the old constitution – was characterised by the President’s former representative on the commission, Aishath Velezinee, as “nothing less than treason to rob the nation of an honest judiciary.”

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Garbage floats freely from “impatient” boats

The Environment Protection Agency (EPA) has blamed a surge of garbage floating in Thilafushi lagoon on “impatient” trash boats; trash which is now flowing into the sea.

In 2009, the UK’s Guardian newspaper reported that 330 tons of waste are transported in Thilafushi island for processing. Thilafushi is commonly known as ‘garbage island’.

Head of the EPA, Ibrahim Naeem, said a “huge amount of garbage” has been collecting in the ocean, due partly to a change in tides. Speaking to Minivan News today, Naeem did not want to say whether the trash was coming from resort boats, but did say the problem “involves everyone”.

“The mechanism for waste collection and disposal needs to be improved,” he said. “The EPA has to do some work on the matter, and the people who are bringing in the garbage and contributing to its buildup also need to take responsibility.”

Naeem said the EPA had photographs and names of several boats that had been dumping garbage into the sea. The agency is now investigating 10 cases.

Naeem said legal action will be taken against boats caught dumping garbage, which would affect fishing and tourism, two of the country’s largest economic contributors.

Yet there are signs that both the garbage and a lack of regulation may already be affecting tourism. In a recent interview with Minivan News, French tourist Marie Kivers noted a lack of waste bins on Male and Guraidhoo.

“It’s funny because we who live abroad think that Male’ will be an example for the world about pollution and everything, since global warming is important here. But when you see the inhabitants in the Maldives, they put anything into the sea,” she said.

Some boat captains have claimed that boats from islands, safaris and resorts dump garbage into the lagoon instead of anchoring near Thilafushi, reports Haveeru. An earlier rule stating that garbage had to be dumped before six in the evening likely contributed to the rushed habit.

Reports indicate that the waste exceeds the capacity of Thilafushi. Naeem says some boats are getting impatient.

“The facility at Thilafushi is designed so that only two or three boats can dock and dump at a time,” said Naeem. “If the waste is not removed from the area, however, or the boats take a while, other boats won’t be able to get in and dump their waste.”

The EPA has said that arrangements are being made to ensure that waste is only dumped on the island under the supervision of a council employee – a thing earlier practiced, reports Haveeru. An official also said that boats traveling to Thilafushi will be charged according to waste weight.

Thilafushi is currently the only island designed for waste disposal in the Maldives. Naeem told Minivan News that there are plans for a new site to be developed in Raa Atoll.

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Baa Atoll to host Bodu Beru tournament

Baa Atoll and Four Seasons will host a Bodu Beru tournament in honor of Baa Atoll’s recent designation as a UNESCO World Biosphere Reserve.

The ‘Baa Youth Bodu Beru Challenge’ will take place on 17 and 18 November 2011 on Kamadhoo. The competition is open to Bodu Beru groups with 16 to 26 members aged 15 to 25 from the 13 islands of Baa Atoll.

Four Seasons has teamed up with Male-based cultural arts institution Varutha for the event. The institution was founded in 2007, when the ‘Meenaz’ bodu beru group noticed the need for a formal, organised means of sustaining Maldivian arts culture.

Varutha dancers will lead a 10-day workshop from September 23 to October 3. Two drummers from each competing group will have the opportunity to hone their skills and explore new bodu beru beats and methods.

Bodu beru is said to have made its first appearance in the Maldives in the 11th century AD, allegedly by sailors in the Indian Ocean. Bodu beru groups typically consist of 15 performers, including three drummers and a lead singer. Using a small bell, a set of drums known as the ‘bodu beru’, and an onugandu – a small piece of bamboo with horizontal grooves, which is scraped – performers create a lively rhythm for dancing.

Varutha’s co-founder, Sham’aa Abdullah Hameed [Anna], expressed appreciation and support for the youth arts event.

“The tournament reflects our shared mission to reconnect local youth with their rich cultural heritage by restoring, developing and incorporating tradition into the rapidly evolving Maldivian music scene. We’re looking forward to a successful workshop and an exciting two days of competition.”

Landaa Giraavaru’s General Manager and Regional Vice President, Armando Kraenzlin, said UNESCO’s recognition of the environmental value of Baa Atoll inspired the competition.

“UNESCO World Biosphere Reserves rely on optimum social, economic, and cultural conditions for environmental sustainability. We’re delighted to be working with Varutha to help strengthen the respect for cultural values amongst the Baa Atoll youth, while giving them an opportunity to contribute to their home island’s own sustainability.”

The winning team will receive Rf 100,000 (US$6485) towards a community project, and Rf 10,000 (US$650) for themselves. The team will also be invited to an awards ceremony on Landaa Giraavaru island on 28 December.

Team Application Forms and full Tournament Rules and Regulations can be downloaded at www.facebook.com/baa.boduberuchallenge.

All applications must be submitted via email by 30 September 2011 to [email protected].

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Wataniya launches Blackberry service in the Maldives, enabling secure private communications

Mobile operator Wataniya last night launched the Blackberry service in the Maldives, at a ‘black suit’ event held in the National Art Gallery.

Beyond just a range of smart-phones allowing for ‘push’ email connectivity, the Blackberry service is one of the world’s largest private networks with 67 million subscribers and 14.8 percent of the global smartphone market.

The device, produced by Canadian technology company Research in Motion (RIM), grew in popularity on the back of business and corporate users, attracted by its security features, reliability and strong encryption.

The event last night opened with a dance by a man in a glow-in-the-dark jumpsuit, and a band playing the Beatles tune ‘All you need is love’.

Vice President of the Maldives Dr Mohamed Waheed remarked that RIM’s decision to enter the market in the Maldives “is a vote of confidence in the business environment of our country, and for that we are grateful.”

Dr Waheed also noted that the introduction of consumer and business-grade secure communications in the Maldives was “an indication of how our country has matured”, and “an indication that our country is comfortable with the freedoms that we have; particularly the freedoms of expression and democracy.”

“This is an important step towards the improvement of commerce and business in the Maldives,” Dr Waheed said, adding that the country’s “dynamic, highly literate and IT savvy youth” would ensure “a bright future” for Blackberry in the Maldives.

Chief Operating Officer of Wataniya Stephen Smith said the company was proud to enter in partnership with RIM, “to provide the highly anticipated service to customers in the Maldives for the first time. Blackberry provides a meaningful and secure connection to enterprise email and other important systems, and we’re glad to be able to provide this capability to our customers.”

Canadian High Commissioner to Sri Lanka and the Maldives, Bruce Levy, meanwhile observed that without their Blackberries, the Canadian government “would shut down overnight.”

“The first thing I saw when I landed in the Maldives was a fleet of twin otter seaplanes, many of which are piloted by Canadians. The delegation tonight is staying at Four Seasons, an eminient Canadian hotel chain, and the President is off to the Toronto International Film festival this weekend,” Levy said.

“It is a great time to be Canadian in the Maldives.”

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Antibiotics “most misused drug in the Maldives”: ADK COO

Over-prescription and sale of over-the-counter antibiotics is leading to a rise of resistant super-bugs, the World Health Organisation (WHO) has warned, with the Maldives no exception.

“Antibiotics are the most misused drugs in the country,” ADK Chief Operating Officer Ahmed Jamsheed told Minivan News today. “People are becoming resistant, and in certain cases they might not even need the antiobiotics.”

The WHO is discussing the overuse of antibiotics and growth of superbugs at the 64th meeting of the Regional Committee for South-East Asia, in Jaipur this week.

Director General Dr Margaret Chan said, “we have taken antibiotics and other antimicrobials for granted. And we have failed to handle these precious, yet fragile medicines with appropriate care. The message is clear. The world is on the brink of losing its miracle cures.”

Jamsheed said he has seen patients with headaches prescribed with powerful antibiotics, such as ciprofloxacin. He says a lack of systematic supervision allows pharmacists, who are not educated in medicine, to give antibiotics to anyone who asks regardless of a prescription.

“We have a very rudimentary diagnostic capacity in the Maldives,” said Jamsheed. “Hospitals and physicians are not properly monitored, and patients have a lot of independence to choose the drug they want. There are few national guidelines.”

According to Jamsheed, hospital diagnoses are compromised by inadequate facilities. He said that as organisms  mutate, doctors are not able to keep up. Bacteria samples are usually outsourced, and communication can take weeks. “In some cases, we may not be able to recognise and diagnose a disease until we’ve already lost a few patients,” he said.

Superbugs, or super bacterium, are bacteria that carry several resistant genes and are difficult to treat. When a disease is inappropriately or excessively treated with antibiotics, the body develops an immunity which encourages the bacteria to grow stronger.

Dr Chan said many non-communicable diseases, such as heart disease and cancers, are triggered by “population ageing, rapid unplanned urbanization, and the globalisation of unhealthy lifestyles.”

Chan also noted that “irrational and inappropriate use of antimicrobials is by far the biggest driver of drug resistance.” As communities become more drug resistant, treatments could become more complicated and costly.

ADK Managing Director Ahmed Affal said education was important. “There is an increasing number of antibiotics being prescribed in the Maldives, and we need to talk more. Research shows that there will be problems, as organisms become more resistant.”

Affal said that the majority of cases at ADK are fevers and infections, although heart disease, hypertension, and renal infections are on the rise. “Antibiotics are commonly used for lung infections, and sometimes are given as a preventative measure,” he said.

Speakers at the WHO conference suggested that climate change could accelerate the growth of superbugs. Jamsheed told Minivan News that Maldivians could be more at risk for dengue fever and chikungunya, as well as viral diseases. He predicted that if these diseases were to become more common, the misuse of antibiotics would increase as well and people would become more drug resistant.

“The Maldives is not isolated,” Jamsheed said. “We import almost everything, and any bacteria that is growing elsewhere in the region and the world will certainly be transmitted here.”

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Prisons burdened with small crimes and poor management, report finds

The Maldivian prison population could be reduced by up to two-thirds if the government would “de-criminalise the offence of drug usage and propose mandatory rehabilitation”, according a report by the government and the United Nations Development Program (UNDP). The reform could reduce the number of youth incarcerated for minor offences, the report suggested.

The report also found that “the existing legislative framework and the current penal system does not support the human rights guaranteed under the Constitution, nor is it compatible with best practices outlined in the UN Standard Minimum Rules on Treatment of Prisoners.”

The “Prison Assessment and Proposed Rehabilitation and Reintegration of Offenders Report“, published on September 5, was conducted by Dr Aishath Ali Naaz and UNDP program specialist Naaz Aminath. The report surveyed 60 percent of the prison population as of February 2011 to assess current prison conditions and make recommendations.

It is the first report of this scope to be done in the Maldives.

Aminath said the report took five months to prepare. “It involved very consistent record-taking and visits to prisons. About part way through we realized that we needed a legal framework to make a more comprehensive report, so we met with MPs across the board to understand the strengths and weaknesses.” The team had met with government officials throughout the project.

Aminath said timing the release of the report was difficult after the release of prisoners from Maafushi prison in July.

Key issues identified in the report were a lack of legislative framework to support rehabilitation and reintegration programs; widespread accusations of corruption and inappropriate political influence among institutions; poor prison design; and inadequate budgeting and human resources.

The report’s first recommendation for reform was to “de-criminalise the offense of drug usage” and require rehabilitation, according to the offender’s criminal record.

A second recommendation to “establish a restorative justice program to minimize offenders being incarcerated for minor offences” would regulate the currently heavy flow of Maldivian youth into the prison system.

Of prisoners in the Maldives, the majority are males under 30 years of age who are educated below O-levels. At the time of the report, 66 percent of inmates polled were in jail for drug use or possession.

“There are small time drug users of 23 years of age who are being being sentenced for 70 years in prison,” said Aminath. “When you visit other countries, the jails are divided between minimum and maximum security according to the sentence. You know that criminals in maximum security areas are really hard-core. You also find that drug trafficking is a serious offense in most countries, and traffickers do the most time in jail. But here, traffickers get 25 years while small-time users get 60 to 80 years. These are not hard-core criminals, but they’re put away for almost their entire lives.”

Aminath noted that in the past, drug users who test positive for drugs were given two charges: one for using drugs, and another for testing positive. At present, only individuals in possession of a prohibited drug are prosecuted.”

“I’m not condoning drugs,” said Aminath, “but I think we need to help.”

The report criticised Maldivian prisons for being understaffed and poorly managed.

“The problem in the Maldives is that there aren’t proper prisons,” said Aminath. “It’s hard to even say what the capacity of these facilities is.”

After the fires in 2009, Maafushi prison in March and October 2009, Aminath said that basic living equipment like mattresses were not replaced. Maafushi and Male prisons do not have kitchens, and “there is no structure to support the prisoners who are there,” she said.

Asseyri prison was originally designed as a juvenile rehabilitation center. But Aminath noted that it remained empty until this past year, and since then has been filled with inmates of all ages. She said individuals she asked regarding it’s changed purpose were uniformed.

Inmates surveyed said medical services were inadequate. An investigation found that Maafushi prison compensated by sending an average of ten people to Male each day for medical purposes–an excursion which opens opportunities for smuggling good into prison.

Inmates also complained about a lack of structure in prison life. The report lists claims of torture, inhumane treatment, drug availability and false messages of hope from politicians as examples.

Prison regulations also make it difficult for inmates to develop their own structure. Aside from the Qur’an, inmates are not allowed to have any reading material. Only Asseyri and Maafushi prisons have ‘libraries’–rooms with a few books located outside the gated complex. “It’s risky to go there because it’s not within a protected area, and there simply aren’t enough staff to organise daily library trips,” said Aminath. “Plus, there isn’t much to read there. Really, I wouldn’t even call it a library.”

Naaz and Aminath asked prisoners to describe the types of rehab programs they felt were needed. Most recommended religious education (86.4 percent), counseling therapies (76.1 percent) and life skills (75.1 percent).

Among the report’s recommendations for reform is the development of a Mental Health act. It also encourages Parliament to pass legislation that was proposed 3 years ago, including a criminal procedure code, a penal code, an evidence act, and a parole bill.

Another suggestion is to establish a prison industry to train prisoners in vocational skills, a program that would directly support rehabilitation and reintegration programs.

Aminath said the research team is in conversation with the State Minister, and the Home Minister supports the recommendations.

Speaking at a press conference yesterday, Home Minister Hassan Afeef said, “the Government is committed to improving the rehabilitation system, given
how large a problem drugs are for our community.”

But change won’t happen overnight, Aminath cautioned. She said all institutions “need to strengthen the legal framework and get more involved with the community to make these changes. This applies to all institutions across the board here.”

Correction: A previous version of this story stated that the UNDP team had “‘met with government officials across the board to understand the strengths and weaknesses.'” It should have stated that the UNDP team had “met with MPs across the board to understand the strengths and weaknesses and advocate passing legislative framework bills.” The UNDP team had been in correspondence with government officials from the beginning of the project.

The previous version of the story also stated that, “Aminath noted that drug users who test positive for drugs are given two charges: one for using drugs, and another for testing positive.” It should have stated that “Aminath noted that in the past, drug users who test positive for drugs were given two charges: one for using drugs, and another for testing positive. At present, only individuals in possession of a prohibited drug are prosecuted.”

The previous version also stated that “Asseyri prison was originally designed as a juvenile detention center.” It should have stated that “Asseyri prison was originally designed as a juvenile rehabilitation center. Also, individuals who Aminath asked about its current use as a standard detention center were uninformed. Minivan News apologises for any confusion.”

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Supreme Court reprimands Ibra for criticising judiciary

The Supreme Court has reprimanded President’s Advisor Ibrahim ‘Ibra’ Ismail for reportedly calling on the public to “rise up and sort out the judges” at a Maldivian Democratic Party (MDP) rally Friday night in Kaafu Thulusdhoo.

A press statement issued by the Supreme Court yesterday claimed that Ibra’s remarks “encouraging the illegal curtailment of the tasks of the judiciary” could lead to “the loss of peace and security of the Maldivian state and plunge the nation into chaos and unrest”.

While article 299(a) of the constitution demands “obedience to the constitution” and compliance with all its provisions, the statement noted, article 144(c) states that, “No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.”

Moreover, article 144(d) states that, “Persons or bodies performing public functions, through legislative and other measures, must assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.”

The Supreme Court asserted that “making such statements in a free, democratic society under lawful governance goes against the principles of civilisation” and “the constitution of the Republic of the Maldives does not allow any such illegal activity”.

The court’s statement concluded by assuring the public that the highest court of appeal “as the parent of the constitution and laws of the country” would not tolerate “any action that could undermine established democratic institutions and the rights of the Maldivian state and the Maldivian people.”

The Judicial Service Commission (JSC) – oversight body for the judiciary – meanwhile conducted an “emergency meeting” Sunday night prompted by Ibra’s remarks and decided to request “relevant authorities” to carry out an official investigation.

Ibra’s remarks came after the Criminal Court barred journalists from observing the corruption trial of Deputy Speaker Ahmed Nazim on August 25.

“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, former Male’ MP and first elected president of MDP, was quoted as saying in newspaper Haveeru.

Speaking to Minivan News today, Ibra argued that criticism of the judiciary did not constitute a criminal offence or could be considered unlawful.

Responding to the Supreme Court claim that his remarks could “plunge the nation into chaos and unrest”, Ibra noted that ensuring law and order was “out of the Supreme Court’s jurisdiction.”

“Before making such serious allegations against a person they should at least attempt to find out the truth or see if any law was violated,” he said. “It is like the Supreme Court believes they are above the law or a law unto themselves.”

Ibra, who also served as chairman of the drafting committee of the Special Majlis – the special assembly convened to revise the constitution in 2004 – noted that according to article 16 of the constitution fundamental rights and freedoms could only be limited by a law passed by parliament and “only if demonstrably justified in a free and democratic society.”

“I know of no law passed by the Majlis that says it is illegal to criticise the judiciary,” he said.

On the Supreme Court’s contention that he violated article 144(c) and (d), Ibra pointed out that he had not said anything about an ongoing case that could be construed as “interference or influence.”

Ibra went on to criticise the JSC for deciding to investigate his remarks: “It has nothing to do with the mandate of the JSC. What law says their job is to take measures against people who criticise the courts?”

Moreover, he added, the JSC could only ask police to investigate if there was a criminal offence involved.

“Whether it’s the executive, legislature or judiciary, if anyone is acting dictatorially and harming citizens, I will come out and I will do everything I can to stop it,” he said.

Former President’s member on the JSC and outspoken whistle-blower, Aishath Velezinee, told Minivan News that Supreme Court Justice Adam Mohamed had in his capacity as JSC President asked that police investigate Ibra, and then had the Supreme Court issue its statement.

“What are the police going to do? It sounds like the highest court in the land has already issued its verdict,” she said.

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