Supreme Court to look in to High Court judges case

The Supreme Court of the Maldives has today announced that it will conduct a trial on the issue of appointing High Court judges that had originally been scheduled for the country’s Civil Court, amidst ongoing debate over the institution’s right to influence the workings of a higher authority.

The case was first filed in Civil Court last week by Criminal Court Judge Abdul Baary over concerns that there were policy and legal issues related to the Judicial Service Commission’s (JSC) appointment procedures, such as giving higher priority to appointees on the basis of gender.

Judge Baary claimed in Haveeru at the time that the JSC policy stated that if a female and a male scored even marks, higher priority should be given to the female when appointing judges for the High Court bench. This, he said, was against the Constitution and the Labour Act.

A Writ of Prohibition was issued by the Supreme Court last week in an unprecedented step against the Civil Court designed to order the institution to hand over the case to determine whether it had the authority to deal with the functions of a higher court.

The Supreme Court has today ruled that the issue was a constitutional matter and that the Civil Court did not have the authority to decide on constitutional matters such as the legality of appointing members to the High Court bench.

”If the matter was conducted in the lower court, the case would get appealed and would cause a delay in the appointment of High Court judges which will lead to a loss of basic rights for the administration of justice,” said the Supreme Court in a statement posted on their website.

High Court judges appointed by the JSC last week included Juvenile Court Chief Judge Shuaib Hussein Zakariya, former Law Commission member Dr Azmiralda Zahir, Civil Court registrar Abdu Rauf Ibrahim, lawyer of former President Maumoon Abdul Gayoom, Abbas Shareef and Civil Court Chief Judge Ali Sameer.

A JSC spokesperson was unavailable to comment on the issue at the time of going to press, though told Minivan News that the commission had not had any communication with the Supreme Court over today’s decision.

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UK medical experts to help manage IGMH

The Malé Health Services Corporation (MHSC) is expanding its senior management team with three health professionals from the UK, who have been recruited to support the health transformation agenda of the MHSC, accelerate quality improvements, and rigorously hone cost efficiency.

The volunteers were recruited with the assistance of UK-based NGO Friends of Maldives and the Maldivian High Commission in London who together,have selectively been placing health volunteers around the Maldives through the International Volunteer Programme (IVP).

The three volunteers will initially come for one year, extendable to two years, and say they hope to leave a lasting, positive legacy within the MHSC, by developing local leaders in the medical sector.

Cathy Waters will start as the new General Manager of IGMH at the beginning of February 2011. Waters has 17 years of senior health management experience, including eight years as a Chief Executive in the UK’s National Health Service (NHS), where she demonstrated exemplary management of staff, personnel issues and substantial budgets in the face of major financial challenges.

Waters has also worked effectively as a senior management consultant, achieving organisational change and strategic development targets. Amongst her many qualifications, she has two Masters Degrees (one in Business Administration), an Advanced Diploma in Coaching, a teaching certificate in further education and is a qualified nurse, midwife and health visitor.

Waters says she believes wholeheartedly in involving the public and service users in providing better health care, and in coaching and developing individual health professionals into new and sustainable roles.

Liz Ambler will begin in the role of Nursing Director for MHSC in mid-March. She currently works for the UK’s Department of Health, whilst her specialist clinical background is in blood disorders and cancer care. With significant senior management experience in UK, the Middle East and Africa, she has a proven track record of improving health care quality whilst reducing expenditure.

Ambler has a Nursing Degree, a Masters in Public Health and a postgraduate certificate in Global Development Management, and says she “can’t wait to get stuck in” training, auditing, and developing clinical guidelines with MHSC’s nurses.

Liz is passionate about nursing, improving patient safety and motivating others to achieve good governance.

Rob Primhak has been appointed as Medical Director of MHSC and will make an initial visit mid-February 2011, before starting in earnest in July when he retires early from his Consultant Paediatrician post to take up this new and challenging role.

Primhak has 35 years of clinical and research expertise, primarily in the fields of respiratory medicine and treatment of children and newborn babies, both in UK and Papua New Guinea. He has successfully introduced innovative services and demonstrated a life-long commitment to the education and training of doctors, through the establishment of new curricula and training programmes. He aspires to leave a lasting impression on clinical governance at MHSC through development of health professionals and clinical quality standards.

“We look forward to working with the UK experts in revamping health care quality at MHSC, and are very optimistic about their successful team efforts in turning around IGMH”, said Mr Zubair Muhammad, Managing Director of MHSC.

Lucy Johnson is the Health Lead for UK-based NGO, Friends of Maldives.

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Significant increase in drug charges against juveniles last year, says Juvenile Court

The Juvenile Court has observed a “significant increase” in the number of juveniles charged with drug offences last year.

”In 2009 there were 22 drug-related charges in the court concerning juveniles, while 34 such cases were presented to the court last year,” said the Juvenile Court in a statement.

The court said it had also observed a rising number of charges of drug dealing against minors, with nine cases sent to the court in 2010, an increase of three on 2009. Of the nine cases, three youths were found guilty.

‘The court added that 10 juveniles were brought to the court for extension of detention on charges of possessing illegal drugs for dealing, suggesting that this was “very concerning ” as it was “a sinister crime in nature that serves high penalties.

Juvenile Court said that it was very important for parents to prevent their kids from committing such crimes and urged everyone to pay more attention to juveniles.

Furthermore, the Juvenile Court said, that there were people in society “who are behind the crimes committed by juveniles.”

Police statistics for 2010 showed that most arrests made across the Maldives in 2010 were for drug offences (1153), assault (941) and theft (773), and that most of these were first time offenders.

While the bulk of those arrested were young men aged between 17-23, key crimes committed by minors (aged under 18) were assault, theft and drug offences – albeit with an overall decline in 2010 on 2009.

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Petition against Education Ministry permanent secretary unprofessional, says CSC

The Civil Service Commission (CSC) has questioned the professionalism of civil servants who circulated a petition against the Education Ministry’s permanent secretary Dr Aamal Ali, around the media.

The petition, signed by 44 civil servants, includes a ream of complaints against Aamal including allegations that she was misusing her power and taking actions against the Constitution.

The CSC said that the Civil Servant’s Act required civil servants to work according to the Act, follow the code of conduct and work without prejudice: “It is necessary to follow professional manners in a working environment,” said the Commission.

It called on civil servants to report cases regarding permanent secretaries or other civil servants in a professional manner, as required by law.

“Civil servants have the right to file complaints against the permanent secretary if they were unsatisfied by any decision they make, according to the Civil Servant’s Act,” said CSC. ”If any such case was presented to the commission, the commission will always proceed the case and look in to the matter and take necessary measurements.”

Minivan News attempted to contact Dr Amaal Ali, however she was in a meeting and unavailable for a comment at time of press.

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Lithuanian ‘island of blondes’ to be shaped like giant high-heeled shoe

Ambitious plans by Lithuanian mega-brand Olialia to develop an ‘all blondes’ resort – in the shape of a gigantic high-heeled shoe – have entered phase two, after the company reported that a delegation had visited the Maldives and selected three islands suitable for the project.

Olialia did not reveal the name of the islands, but did publish CGI images of the planned resort, designed by “famous Lithuanian architect” Valerijus Starkovskis, and claimed it that construction would begin “in a few years” with a grand opening in 2015.

Tenders for operators of the hotel, restaurants and serivce providers “would be announced soon”, the company said, also claiming that it would hold a “worldwide competition” to select the manager of the blonde island, “which every citizen in the world will be able to participate in.”

Aside from reclaiming an island in the shape of women’s footwear, the present draft includes an initial 61 guest villas, several restaurants, a nightclub, a beauty salon and spa centers, a marina, a boardwalk, mall, helipad and a “centre of harmony and psychology”. Olialia said it intends to eventually increase the resort to 500 rooms.

The central gimmick of the proposal is to staff the resort entirely with blondes and ensure all buildings “comply with the spirit and the worldview of blondes”, because, according to Olialia’s managing director Giedre Pukiene, “blondes are a great power that should not be underestimated. We are smart, beautiful, reckless and purposeful.”

Olialia's MD Giedre Pukiene

In addition to the resort, a specially designed charter airline staffed only by blondes, ‘Olialia airlines’, will deliver tourists to the island, Pukiene claimed.

Investors apparently include interests in Lithuania, Russia, UK, Germany, the United Arab Emirates and an as-yet undisclosed Maldivian travel company.

Olialia is a highly recognisable brand within Lithuania with a reported income of $US10 million. It claims to be an Eastern European version of Richard Branson’s Virgin company, and is well known for its gratuitous use of blonde women in its marketing. The company now markets an assortment of products ranging from Cola and Italian pizza restaurants to luxury limousines, a nightclub and a (blonde) modelling agency.

Olialia made headlines worldwide in September after it first proposed the Maldives resort concept, sparking heated debate over whether such a resort would be discriminatory or too controversial for the country’s conservative self-image – or even whether the whole idea was a devious marketing gimmick.

If legitimate, the resort faces several practical obstacles – the first being that so far, the Maldivian Tourism Ministry knows nothing about the project.

“I’m sure I would have heard about this,” said Minister of Tourism Mariyam Zulfa, adding that such project would eventually pass through the tourism ministry, be subject to the Tourism Act and ultimately require cabinet approval “and debate over the various merits and demerits.”

However, she said, the government “promoted private enterprise, and was not in the [business] of either killing or encouraging ideas. What a private party does is their prerogative and we do not interfere in how resorts are run.”

After lowering cabinet’s raised eyebrows, a second challenge for Olialia would be Maldivian employment regulations, which state that resorts must employ a minimum of 50 percent Maldivian staff – few of whom are naturally blonde.

Thirdly, several local marine biologists contacted by Minivan News who were shown images of Olialia’s resort pronounced it “ridiculous”.

“I couldn’t comment until I see the shape of the original island,” said one, “but there’s no visible beach protection and the island would suffer from huge erosion – the beach would just disappear – while sedimentation could kill the surrounding reef.”

“I don’t know if I should laugh about it or cry about the degradation of human species,” said another, after seeing the images.

Nonetheless should the Maldives hesitate in its embrace of the concept, “we have received offers of cooperation from the owners of islands in Greece and the Carribean,” Pukiene noted.

“Currently, the experts are studying the benefits of 12 islands. We do not exclude the possibility of opening several blondes resorts, because the interest in the project is huge.”

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17 year-old claims he was beaten by 22 police officers behind stadium

Police are investigating reports of a person being beaten in police custody, after a 17 year-old boy told Minivan News he was arbitrarily arrested on Boduthakurufaanu Magu on Saturday night before being driven in a police vehicle to a dark spot near Male’s artificial beach where he was violently beaten by officers with batons.

The 17 year-old told Minivan News that he had been on the phone in front of a police officer’s house earlier that day, before the officer came out of the building and confronted him.

“I did not answer him and asked him to wait, as I was on the phone,” he said. “Later that night, while I was on Boduthakurufaanu Magu near the ‘Ekuveni Stadium’ in Galolhu, I saw police officers searching for me with a picture of me in their hands.”

As soon as he neared the stadium, all the police officers jumped on him and locked him inside police vehicle, he claimed.

”They said I had tried to attack a police officer by waiting near his house, and said I was not to threaten the police. They took me near artificial beach,” he said.

”It was around midnight when we reached the beach. All of the officers got out of the police bus and took me to a dark area near ”Andhiri Stage” [literally ‘Dark Stage’- a stage formally used to perform music shows but now unused].

The 17 year-old said the squad, consisting of “around 22″ police officers then started beating him simultaneously with their batons.

”They kept saying that it was what someone would get for trying to attack police,” he explained. ”They kept beating me until they received an urgent call to attend a fight that was occurring near Bandeyrikoshi, so they took me with them to the crime scene in the police bus.”

He said that one of the groups involved in the fighting had fled before the police arrived, but that the other group attacked police while he was kept inside the vehicle.

”They arrested some of the boys and drove to drop them off to police custodial,” he said. ”They were planning to drop them off and take me back to the artificial beach to beat me again.”

However, when the bus reached police custodial, the 17 year-old said he jumped out of the bus and ran inside the building, where he begged for help from a Serious and Organised Crime (SOC) officer who was on duty at the time.

”He told me to stay inside the interview room, then went outside and shouted at the police officers who had attacked me and told them that they couldn’t touch me again,” he said.

The boy said he went to meet President Mohamed Nasheed last night during the launch of a campaign office for an MDP candidate ahead of the local council elections, and told him what had happened to him.

”He was shocked to hear what the police officers told me inside the vehicle – they said they would make the people turn  against ‘Anni’ (the President’s nickname) and would make citizens run after him with swords,” the boy alleged.

The boy said he had attended hospital for treatment and an X-ray of his injuries, where doctors discovered his spine had suffered internal injuries.

Sub-Inspector Ahmed Shiyam confirmed that police had received reports of a person who was tortured while in police custody, and were now investigating the incident.

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Supreme Court enters legal wrangle over High Court appointments

The Supreme Court of the Maldives has ordered the Civil Court to halt its case regarding the Judicial Services Commission (JSC)’s appointment of five High Court judges last week, and hand the matter to the Supreme Court.

The Judicial Service Commission appointed five judges, Shuaib Hussein Zakariyya, Dr Azmiraldha Zahir, Abdul Rauf Ibrahim, Abbas Shareef and Ali Sameer to the High Court bench last week. Zahir is the first woman to be appointed to the High Court bench in the Maldives.

However once the appointments were concluded, Criminal Court judge Abdul Baary filed a case in the Civil Court against the appointment of the new judges, claiming that there were policy and legal issues in the JSC’s appointment procedure.

Judge Baary told Haveeru that there were issues with the High Court Judges Appointment Policy as established by the JSC itself.

He claimed that the JSC’s policy stated that if a female and a male scored even marks, higher priority should be given to the female when appointing judges for the High Court bench. This, he said, was against the Constitution and the Labor Act.

The Civil Court issued an injunction halting the appointment of the High Court judges prior to taking their oath.

However the Supreme Court today stated that it had issued a Writ of Prohibition to the Civil Court, ordering it to hand over the case file to the Supreme Court before 4:00pm tomorrow.

Six JSC members have been accused of criminal charges by the President’s Member on the Commission, Aishath Velezinee, while the Commission as a whole is under investigation by the Anti-Corruption Commission for allegedly embezzling money by paying itself a ‘committee allowance’.

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‘Telemedicine’ tackles geographic challenges of medicine in the Maldives

The government will introduce ‘telemedicine’ services to three islands this week, according to Health Minister Dr Aiminath Jameel, while the Ministry is also training healthcare staff in the use of the technology in conjunction with the Maldives College of Higher Education (MCHE).

Telemedicine is a combination of medical and telecommunication equipment that allows doctors to examine patients hundreds of kilometres away, usually with the assistance of a trained nurse at the patient’s end.

The Maldives’ first telemedicine facility was donated by Dhiraagu in late December 2010, and installed on Thinadhoo in Gaaf Dhaal at a cost of Rf 2 million (US$155,000). Further services are to be rolled out to Kudahuvadhoo (Dhaal Atoll), Eydhafushi (Baa Atoll), Naifaru (Lhaviyani Atoll) and eventually the southern atoll of Fuvahmulah, in a Rf 5.8 million (US$450,000) joint project between the government and the UAE-based Khalifa Al Nahyan Foundation, and will ultimately service 35 islands across the country.

Technologically ‘telemedicine’ ranges from two laptops and a webcam with a consulting doctor at one end and nurse at the other, to set-ups involving remote diagnostic equipment capable of compressing and sending complex medical imaging data across low-bandwidth connections – a challenge in many isolated areas with poor connectivity. Such deployments are seen as a practical application for unified communications technology developed by networking giants such as Cisco and Polycom, and is used all over world to supply medical expertise in remote and isolated communities in places such as Africa and Australia.

The particular system donated by Dhiraagu includes a cart consisting of a general exam camera, digital electronic stethoscope, dermascope, ENT otoscope, telephonic stethoscope, digital spirometer, 12 lead interpretive ECG, and digital vital signs monitor.

A statement from the company noted that the equipment would allow doctors to remotely check blood pressure, pulse rate, diagnose and follow-up respiratory illnesses as well as see the patient over the webcam.
The donation allows the telecom firm to show of its connectivity as well as fulfill its corporate social responsibility objectives, said Dhiraagu spokesperson Mohamed Mirshan Hassan, while the technology itself was a natural fit for an island nation such as the Maldives.

“Many patients currently need to travel to their regional hospital or Indira Gandhi Memorial Hospital (IGMH) in Male’. With telemedicine, a health assistant and a consulting hospital can mean the patient avoids having to travel long distances and gains increased access to medical care. And the doctor at the other end can be anywhere in the world.”

Image: An example of a common telemedicine cart.
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The bright stars of Islam

It is a little known fact that many of the brightest, well-known stars in the sky have Arabic names.

The luminous Aldebaran of Taurus, the majestic Rigel of the Orion constellation… the night sky is studded with shining reminders of an age where the early Muslim astronomers mapped the heavens and the Earth, and committed the knowledge to thousands of paper manuscripts and stored them in the world’s first public lending libraries.

In the early centuries following the Prophet’s death, Muslims made tremendous intellectual and scientific breakthroughs in areas as varied as astronomy, arts, science, math, philosophy and literature: a period accurately portrayed as the ‘Golden Age’ of Islam.

Referring to what he called “civilization’s debt to Islam”, US President Barack Obama said in his famous speech at Cairo University in June 2009, “It was Islam… that carried the light of learning through so many centuries, paving the way for Europe’s Renaissance.”

From the pinnacle of scientific and intellectual achievement 800 years ago, the downward spiral of Muslims to outcasts of the knowledge society has been spectacular, and devastating.

Astronomy, like other scientific disciplines, is today largely the dominion of Western scientists. The Soviets fired man into space in 1961. NASA landed man on the moon in 1969.

Nearly five decades later, only one Islamic nation, Iran, has managed to even launch a domestic satellite – in 2009. Meanwhile, the Voyager 1 spacecraft, that left the Western hemisphere 33 years ago, continues to send back images from the farthest edges of the Solar System.

Statistics paint a bleak picture.

Out of every 10 students who attempt the O’Levels in the Maldives, only three achieve passing grades. Maldivian citizens have an average of a mere 4.7 years of schooling.

The Sachar Committee Report, commissioned by Indian Prime Minister Manmohan Singh in 2006 to evaluate the social status of Indian Muslims, revealed that 25 percent of Muslim children under 15 didn’t attend schools, or dropped out early, despite free public education. Muslims were way behind the curve in literacy as well.

By the 10th century, Islamic centres like Baghdad, Cairo, Cordoba and Tripoli boasted great libraries containing between 600,000 and 3 million volumes, but the UN Human Development Report 2010, which weighs in literacy as a development factor, records only five Muslim states among the top 50 countries on its index, and none in the top 30.

Muslims take pride in the fact that the Guinness Book recognises Al-Qarawiyyin University in Fez, Morocco as the world’s first university to issue degrees. Ironically, not a single university from a Muslim country figures in the top 100 Times Higher Education world university rankings for 2010.

Only nine Muslims have ever won a Nobel Prize. Out of a population of 1.57 billion, exactly two have won the science prizes. In comparison, Jewish scientists and intellectuals have racked up 178 Nobels.

Some insight into this dismal performance can perhaps be gleamed from the reception to Nobel laureates at home.

Dr Abdus Salam, who won the Physics Nobel in 1979, was deemed a heretic in his home country of Pakistan. Dr Salam was certainly devout – he quoted from the Qur’an in his acceptance speech – but he subscribed to the Ahmadi sect which was declared un-Islamic in Pakistan in 1974. Consequently, the epitaph on his grave was defaced, by court order, to remove the word ‘Muslim’. His tombstone now reads, quite inaccurately, ‘the first Nobel Laureate’.

In Iran, religious conservatives criticized Nobel Peace prize winner Shirin Ebadi, a Human Rights lawyer, for not covering her hair during the ceremony, and alleged that the award was a conspiracy to “ridicule Islam”. Following attacks and raids on her home and office, Ebadi fled Iran and now lives in exile in UK.

These are reasons, perhaps, why President Musharraf of Pakistan, observed in February 2002, “Today we are the poorest, the most illiterate, the most backward, the most unhealthy, the most un-enlightened, the most deprived, and the weakest of all the human race.”

Egyptian scientist Dr Ahmed Zewail, who won the Nobel Prize for Chemistry in 1999, said in an interview that it was not Islam that prevented progress in the Muslim world, but “politicised Islamic scholars who profess that knowledge is restricted to the study of scriptures.”

Indeed, a study by the Sustainable Development Policy Institute of Pakistan found that the Curriculum Wing of the Ministry of Education, which is controlled by Deobandi Islamists, had altered school textbooks to include material that allegedly glorified war and incited violence against minorities.

A government proposal to introduce science subjects in Pakistani madrassas was met with hostility. The five madrassa boards formed an umbrella organization – the Ittehad Tanzimat-e-Madaris-e-Deenia (ITMD), which vowed to defy all government attempts at reforms.

Likewise, religious conservative parties in the Maldives objected strongly to plans by experts in the Ministry of Education to make Dhivehi and Islam subjects optional to senior Secondary students.
The Ministry argued that students should be free to focus on subjects that would help them get enrolled into Universities. Religious groups, however, accused the Ministry of “anti-Islamic” policies.

In September 2010, the Adhaalath party condemned government plans to introduce co-education in 4 schools. They claimed co-education was “a failed concept”. Incidentally, all of the Top 10 universities of 2010 were co-educational institutes.

Similar objections were raised by clerics in Saudi Arabia towards the inauguration the King Abdullah University of Science and Technology – a vast, new $10 billion dollar, co-educational institution.

Maulana Syed Kalbe Sadiq, a senior Indian Muslim cleric and Vice President of the All India Muslim Personal Law Board rejected this view. Noting that even co-worship was permissible during the Hajj, he stated there was no basis to deny co-education to Muslim students.

Speaking at Aligarh Muslim University in 2010, he said, “In the 21st century, only those who adopt high-level modern education will survive”.

The late Sheikh Tantawi, Egypt’s top cleric and the influential head of Al-Azhar University, ruled that Muslim girls in France should obey French Law and continue their education despite the ban on Hijabs, because sacrificing one’s education would be ‘the greater evil’.

Nevertheless, young Muslim girls continue to be kept at home by religious conservative families in Muslim countries, including the Maldives.

“Read!” -the archangel Gabriel’s first words to an illiterate prophet sparked the beginning of a movement which led to one of the greatest periods of human cultural achievement and enlightenment.

Muslims have a legacy of generating a volume of knowledge that, historians say, outweighs the combined works of ancient Greece and Rome.

That legacy of reason and science appears to have been overwhelmed by dogma in the 21st century. A culture that produced intellectuals of the calibre of Al-Farabi and Ibn Rushd is today more closely identified by gun-toting militants.

In the Maldives, it appears increasingly implausible that Islam might someday be represented less by Islamist preachers and more by scientists like Dr Hassan Ugail. But such a day, if it were to come, would pay rich obeisance to the legacy of learned Muslim ancestors.

It could be argued that such intellectuals are equally, if not more, deserving of the title ‘ilmuverin’, or ‘Scholars’.

Perhaps what it takes to fire up the uninspired young Muslim generation is a set of healthy intellectual role models to finally step in to inspire and guide them.

Alternatively, they could look up at the same Arabic stars that fascinated their cultural ancestors, and be inspired by the distant, faintly-glowing reminders of their fiery intellect from an age gone by.

Image: An astrolabe made in Yemen in 1291, an ancient ‘computer’ used to calculate time and triangulate location, relative to the sun and the stars. They were also used to determine the time for Salah (prayers).

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