Category: Society & Culture

JSC appoints high court judges, including the first woman to the post

The Judicial Service Commission (JSC) has appointed five judges to the High Court of the Maldives, including Shuaib Hussein Zakariyya, Dr Azmiraldha Zahir, Abdul Rauf Ibrahim, Abbas Shareef and Ali Sameer.

Dr Azmiraldha Zahir is first female judge to be appointed to the High Court, and the JSC said in a statement, was appointed despite the objection of Sheikh Shuaib Abdurahman on the grounds of her gender.

”The only commission member that did not vote for Dr Azmiraldha was Sheikh Shuaib Abdhulrahman,” said the commission. ”The reason he did not vote was that he said none one of the four sunnah sects of Islam allow females to judge in cases.”

However, the commission said Dr Azmiraldha had been appointed as one of the five judges during last night’s meeting, by the vote of eight among nine present members of the commission. All the members of the JSC were present at the meeting excluding the President’s Member Aishath Velezinee, who has contended that the commission is unfit to appoint the judiciary because the far lower standards of ethical and moral conduct it demands from judges, than is required by the Judicial Code of Conduct as passed by the JSC itself.

The Anti-Corruption Commission (ACC) is furthermore investigating the JSC for embezzlement of state funds. Last Thursday, Velezinee also filed criminal charges with police against six members of the JSC.

All judges appointed to High Court, excluding Dr Azmiraldha Zahir, were appointed by the majority vote of the commission, the JSC said.

Currently there are very few female judges in Maldivian courts.

”According to the policy of appointing judges to the High Court, which was approved by the JSC, any member that does not vote for a person among those who received the highest mark, shall explain the reason why he did not vote,” said the JSC.

Meanwhile, daliy newspaper Haveeru has reported that a judge at the Criminal Court has filed a case against the appointment of judges in the Civil Court, claiming that there were policy and legal issues in the appointment procedure.

Haveeru reported that Criminal Court Judge Abdul Baary Yousuf told the paper that there were issues with the High Court Judges Appointment Policy established by the JSC.

According to Haveeru he said that the policy states that if a female and male scored even marks, higher priority shall be given to the female when appointing judges for the high court bench, and that this was against the constitution and Labor Act.

Haveeru also reported that Ali Sameer was the chief judge of Civil Court, Shuaib Hussein was the Chief Judge of the Juvenile Court, Abdul Rauf Ibrahim was the registrar of the Civil Court and Abbas Shareef was the lawyer of former President Maumoon Abdul Gayoom.

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Noonu Atoll Office bans staff from Facebook

The Noonu Atoll Office has issued a notice to all staff members banning from using social networking services such as Facebook during office hours.

Online newspaper Manadhoo Live, based in Noonu Atoll, reported that the issue was raised when a female staff member working in the office published a comment against a candidate running for Manadhoo Council in the upcoming Local Council Elections.

However head of the Noonu Atoll Office, Abdulla Abdul Wahid, told Minivan News that the restriction on social networks was not related to the issue.

”We just want our staffs to follow the Civil Servants’ code of conduct,” said Abdulla. ”We have noticed that many staff working in the office have been ignoring office work by getting involved in social networks.”

He said that staffs were using social networks during office hours rather than getting involved with their work.

”Maybe whoever said [the ban] was related to the issue of publishing a comment relating to the candidate thought we restricted access social network because it happened at the same time,” he said, ”but it’s not really because of that. Staff have been spending too much time on Facebook instead of doing their work.”

He said the notice was issued according to the Civil Servants’ regulations, which stated that the internet access in the workplace should only be used for office purposes.

Receptionists and officials at the Human Resources department of the Noonu Atoll office refused to comment on the issue.

Social media adoption in the Maldives is prodigious, particularly Facebook, with almost a third of the country’s population signed up to the service. According to statistics from Facebook, the Maldives has 89,460 registered users – two thirds of whom are male. Almost half Maldivian Facebook users are aged under 18.

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Police statistics for 2010 show 11 percent fall in cases reported

Annual crime statistics released by the Maldives Police Service show an 11 percent decline in cases reported in 2010, compared with 2009.

The number of cases reached an all-time high in 2009 at 19,259 for the year, with a particularly dramatic spike in crime between 2006 (8560 cases) and 2008 (17674).

A comparison of crimes logged from 2008-2010 shows a general decline in drug offences from 2484 cases in 2008 to 1618 in 2010.

Assaults spiked in 2009 to 2000 cases, but 2010 was on par with 2009 levels with 1638 cases reported.

‘Theft’ remained one of the country’s most reported crimes, and was relatively consistent across the three-year period with 4000 cases reported in 2010.

Reporting of domestic violence cases remained extremely low at just 135 cases in 2010, marking a steady decline.

The number of cases fell across most offences from 2009-2010, with the exception of embezzlement and cheque-bounce offences.

Perhaps responsible for the overall fall in drug-related cases, the 2010 statistics show that the Drug Enforcement Department was one of the most active police bodies last year in terms of filing cases for prosecution, with 844 cases sent to the Prosecutor General – more than double that of any other department.

The North and Upper North Police Divisions filed the most prolific number of cases with the PG’s office at around 260 each, after the Southern Police division’s 437 cases.

Of the atoll police stations, Haa Dhaal Kulhudhufushi filed vastly more cases than any other police station at 574 cases, followed by Seenu Hithadhoo (444) and Seenu Gan (391).

According to the police statistics, stations at Hulhumeedhoo, Rathafandhoo, Faresmaathoda, Guraidhoo, Rasdhoo, Dhuvaafaru, Milandhoo and Hanimaadhoo did not log a single case in 2010.

Crime reported in Male’ was split evening cross the main districts, however at 36 percent of cases Heniveru was recorded as the most crime afflicted.

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

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

Interestingly, only 138 women were arrested in 2010 compared with nearly 4000 men – 3.5 percent of arrests made. 42 of these women were arrested for ‘sexual offences’.

Overall conviction rates appeared rather low – of the 17854 cases closed, 3323 were sent to the Prosecutor General’s Office. Of these 1108 were sent back, and 776 ended in convictions. Only 75 convictions were recorded from cases begun in 2010.

Read the police annual report (English)

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Chinese tourist found dead near Sun Island Resort

A 36 year-old Chinese tourist was found dead off the coast of Sun Island Resort and Spa yesterday afternoon, police have reported.

Police did not identify the tourist but stated that he was last seen snorkeling with other tourists staying on the island.

”His body was discovered by another tourist on the island,” police said in a statement. ”He was declared dead by the resort’s health centre.”

Tourists snorkeling with the man reported his disappearence to the reception. Resort staff searched for the man before his body was discovered by another tourist.,

Police Sub-Inspector Ahmed Shiyam said the body had been brought to Male’, and police were now investigating the incident.

The resort had not responded to enquiries at time of press.

Chinese visitors last year numerically constituted one of the largest tourism markets for the Maldives, with off-season arrivals from China compensating for the impact of the economic crisis in traditional European markets.

However last year Chinese tourists also made up a disproportionate number of tourist fatalities, usually while snorkeling.

In September 2010 a 48-year old Chinese woman who had been snorkeling at Paradise Island Resort and Spa was pronounced dead after she was pulled from the water and rushed to ADK hospital.

In mid-August 2010 a Chinese couple holidaying in the Maldives disappeared from their resort after they went for a swim.

The 38 year-old woman and 40 year-old man were holidaying with their 13 year-old daughter on the Hilton Irufushi Beach and Spa Resort in Noonu Atoll.

On March 14, police received a report that a Chinese national, Rui Dai, died while snorkelling at Holiday Inn Kandooma Resort, South Malé Atoll.

Earlier that same month another Chinese man died while snorkeling at Chaaya Lagoon Hakurahura Island Resort, less than a day after a German tourist died in a snorkeling accident at Embudu Village Island Resort.

A top UK transplant surgeon, Ali Bakran, also died in the water while snorkeling at the Adaaran Meedhupparu Resort in Raa Atoll last year.

Mohamed Ibrahim ‘Sim’ from the Maldives Association of Tourism Industry (MATI) last year stated that Chinese guests in particular needed to be made more aware of the dangers of snorkeling in the Maldives, “because it is a totally different environment than what they are used to.”

While UK tour operators passed on advice and information to tourists, China was a relatively new market “and the operators need to be made aware also,” Sim added.

“Few resorts have reception staff or guides who speak Mandarin.”

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Two years and 25 lashes for sexual assault of Japanese music teacher

The Criminal Court of the Maldives has sentenced a man to two years imprisonment and 25 lashes for sexually assaulting a Japanese woman on Kulhudhufushi in Haa Dhaalu Atoll.

The Criminal Court, which identified the victim, said she was walking down the ‘Giolhilaashi Hingun’ street in Kulhudhufushi on November 6, 2010, when she was approached by Adam Shareef who sexually assaulted her.

“Adam Shareef stopped [the victim] and [sexually assaulted] her according to his own admittance.”

An authority at Kulhudhufushi told Minivan News that the Japanese citizen was a volunteer music teacher at Kulhudhufushi school.

”Whatever took place happened on that street,” he said. ”It is a very narrow street where people do not walk very often.”

”Another islander reported the incident to police, not the Japanese citizen,” he said, adding that the incident occurred during broad day light in the afternoon.

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Adhaalath Party condemns ”false allegations” made by government officials to Indian magazine

The Adhaalath Party, led by State Islamic Minister Sheikh Hussein Rasheed, has hit back at unnamed government officials who described Sheikh Illyas and Sheikh Fareed as “hate preachers” in an interview with India’s magazine ‘The Week’‘.

The party claimed that senior officials of the current government, including former Foreign Minister Dr Ahmed Shaheed and Home Minister Hassan Afeef, made false allegations against a number of the country’s religious leaders, including the vice leader of the Adhaalath Party’s religious council, Sheikh Ilyas Hussein.

Afeef is not acknowledged as a source in the current version of the  article, and Shaheed’s comments to The Week concern the potential involvement of Maldivians in the attacks of Mumbai by Pakistani terrorist group Laskar-el-Taiba (LeT).

In the article Ahmed Muneer, Deputy Commissioner of the Maldives Police, acknowledges that “our radical preachers are enjoying street credibility and radicalisation is visible at the street level. It’s a problem for us, but things would aggravate if the radicals get integrated into Maldivian politics.”

The Adhaalath party claimed that during the interview, “Dr Shaheed said that scholars were delivering lectures with the intention of earning money, and that only a few people attended religious protests because they wanted to go to heaven.”

The Adhaalath Party contends that is is moderate rather than extremist. It is in coalition with the ruling Maldivian Democratic Party (MDP), and fills most of the ranks of the Islamic Ministry.

”As a result of this [article], religious scholars in the Maldives will face many obstacles locally, and it will also affect Maldivian families living in India,” said the Adhaalath Party.

”Sheikh Ilyas is one of the best scholars in the Maldives of recent ages, and many citizens enjoy attending his sermons.”

In retaliation, the Adhaalath Party accused the government of establishing and spreading extremism in the Maldives, and misleading the West in its desperation for money.

”Due to irresponsible comments by senior officials of the government, tourism in the country will also be affected,” warned the Adhaalath Party, accusing the President of “fabricating” earlier statements concerning scholarly freedom in the Maldives.

‘The Week magazine article reports that the LeT has been eyeing the Maldives since early 2000, when its headhunters travelled to Male’. India’s Intelligence Bureau estimated that there were more than 3,000 LeT facilitators and instigators in the Maldives, it reported.

In the article, Mohamed Hameed, head of the internal intelligence department of the Maldivian police, claimed that several hundred Maldivian youth had left the island nation “and their families have never heard from them since.”

”Hameed said ‘recruitment is taking place all the while.’ Radicals like Yoosuf Izadhy — a militant jihadi who is said to have ties with al Qaeda, according to leaked diplomatic cables prepared by then US Secretary of State Condoleezza Rice—are roaming free. Izadhy was planning to create a terrorist base in the Maldives with support from a Waziristan-based group. He and Hasnain Hameedh had operational aspirations,” the magazine reported.

“The spread of an extremist belief system is fueled by hate preachers like Sheikh Fareed and Sheikh Ilyas. Both are [under surveillance],” the magazine reported a “Maldivian intelligence official” as saying.

Speaking of the 2007 Sultan Park bombing in Male’, in which 12 tourists were injured, Dr Shaheed told The Week that “the ringmaster [prime accused] of the Sultan Park bombing was allowed to leave the country. The incident wasn’t fully investigated. The ringmaster was a young boy. We need to find out who was behind the ringmaster. I think there are unanswered questions.”

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Journalists obstructed us during October protest coverage, say police

The Maldives Police Service has issued a statement following allegations made by the Maldives Media Council (MMC) that police used excessive force on journalists while they were covering the opposition-led protest in October 2010.

”On October 25, the behavior of the journalists covering the riot was different from how they have behaved during other riots, and they were definitely behaving in a way that that obstructed police from carrying out their duties,” said police in a statement.

”The Maldives Police Service hopes that the MMC, as the lawful body [overseeing] the media, will research the degraded actions of a few journalists who were active in the area and will work with them to correct their behaviour.”

The MMC has acknowledged that the behaviour of some journalists covering the riot “lacked discipline and professionalism”.

Police said they respected the media and believed that it was “very necessary in a modern democracy.”

”Police have worked very hard to establish easy ways for the media to gain information they need in matters related to police work,” police said.

The police recommended that the MMC avoid repeated incidents by researching how the media works in other democratic countries when covering riots and dangerous situations.

Several journalists from different media organisations have alleged that police attacked journalists covering the opposition Dhivehi Rayyithunge Party (DRP)-led protest.

Three journalists from DhiTV, two journalists from VillaTV and one from Miadhu reported that they were attacked by police.

The two journalists from VillaTV were also arrested, handcuffed, and released the same evening.

Following the incident, police claimed that the behaviour of some journalists resembled that of “opposition activists”.

‘’Some journalists opposed police orders and refused to stay in the security zone,” Shiyam said at the time. “It would have gone smoothly if they had worked according to orders given.’’

He said that police some journalists who opposed police orders were moved forcefully.

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Police harsh and journalists “unprofessional” in protest coverage, finds MMC

The Maldives Media Council (MMC) has called on journalists to follow their code of ethics when covering events such as the opposition-led protest on October 25 last year, in which police clashed with reporters.

Journalists did not adhere to the standards of discipline required of their position while covering the event, the MMC said.

The MMC issued the statement following the release of an investigation report into incident, in which the Council alleged that the police commander who managed the riot that evening may not have given adequate opportunity for the media to cover the event.

Three journalists from DhiTV, two journalists from VillaTV, one from newspaper Miadhu and a photographer from Haveeru reported they were attacked by the police. The two journalists from VillaTV were also arrested, handcuffed, and released the same evening.

Editor of DhiTV Midhath Hilmy claimed that one of his reporters was hit in the head with a tear gas canister, while another was hit with a police baton.

The MMC stated that police had planned that evening not to let any person enter the area, and did not provided an exemption for the media.

“According to video footage, pictures and audio clips as well as the statements of journalists who covered the riot, the council have noted that police have acted very strictly towards the media.”

Eight journalists from different media organisations were physically injured  during the clash and underwent medical treatment. The MMC confirmed that there was “some truth” to the allegations made by media personnels regarding their harsh treatment at the hand of police, including the use of pepper spray.

Furthermore, the council said, police took strict measures to obstruct journalists from covering the event, undermining the freedom given them by the Constitution.

Police Sub-Inspector Ahmed Shiyam said that police would respond to the allegations later.

Police have previously stated that the crackdown on the media corp was prompted when several members of the press “began behaving like opposition activists.”

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Protesters petition President not to ratify MP Privileges Bill

A group of “concerned citizens” today gathered outside the President’s office to present a letter to president Mohamed Nasheed requesting him not to ratify the recently-passed MPs Privilege Bill.

The protesters claimed that the bill was passed by the MPs for the sake of unfair personal gain, and should not be ratified.

”If the bill is to be passed, the salaries and allowances for the police and independent commissions should be increased,” said a protester, claiming that “we are not from any political party but we are representing the citizens.”

The letter stated that the Privileges Bill was against the Constitution and the objective of parliamentary privileges.

”[The Bill] allows [MPs] to import expensive assets (such as cars) duty free, receive pensions in a different manner to normal citizens, and benefit from an expensive insurance scheme, all of which are definitely against the purpose of MP privileges,” the letter said. ”The bill also obstructs the conduct of criminal justice proceedings in the Maldives, antd contains many other things that independent democratic countries do not accept.”

The letter noted that the bill stated that MPs were to be treated differently in criminal cases, and called on the president to reject the bill and to send it back to parliament.

Minivan News reported last week reported that should the bill be ratified, the salaries and allowances of Maldivian MPs would amount to thousands of dollars more than their counterparts in many developed countries.

In their defence of the bill some MPs have argued that an MP’s salary of Rf 62,500 a month includes allowances, while the cash component represents a “welfare fund” to be drawn on by their constituents.

Even before the proposed increases, every Maldivan indirectly spends approximately US$20.65 (Rf 265) a year (derived via ‘invisible’  taxes on goods such as import duties) supporting roughly 120 politicians across both parliament and the executive, assuming a population of 350,000, GDP of US$1.6 billion and a share of the country’s ‘cake’ equal to about US$5000 (ignoring income disparity).

In similar vein, Australians pay approximately US$7.40 (Rf 95) a year to support parliament and the executive across all states and territories – meaning that Maldivians not only individually pay three times more than Australians in dollar terms to support their politicians, but seven times more when this bill is expressed as part of each citizen’s share of total GDP.

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