Government decreases sentences of Sultan Park bombers under Clemency Act

The government has confirmed it has commuted the sentences of two of the three convicted terrorists responsible for the 2007 bombing of Sultans Park in Male’, under the Clemency Act.

Press Secretary for the President Mohamed Zuhair said the pair, identified by local media as Ahmed Naseer and Mohamed Sobah, were “not granted clemency, but had their sentences decreased.”

The two men had their sentences changed from incarceration to three year suspended sentences under observation.

”Their punishment was delayed by the lawful offering of a suspended punishment,” said Zuhair, indicating that “they will be well observed.”

Naseer and Sobah were convicted for 15 years on charges of terrorism, ”but they were not the people who were in charge of doing this, they did not having the highest involvement,” Zuhair said.

He added that the government wished to “provide an opportunity for everyone to be involved in the society, and the opportunity to rehabilitate and recover.”

The bomb attack near the Sultan Park was the first such incident to occur in the Maldives and received widespread publicity around the globe, damaging the tourism industry.

The incident occurred on September 29 2007 in Sultans Park,  near the Islamic Centre.

The homemade bomb, which consisted of a gas cylinder, a washing machine motor and a mobile phone, injured 12 foreign tourists several seriously.

The tourists hurt included eight from China, two from Britain, and two from Japan.

10 Maldivians and two foreigners were arrested in connection with the case, and in December that year three men confessed in court and were sentenced to 15 years prison.

Likes(0)Dislikes(0)

Judge claims “suspicious issues” with evidence reason for alleged drug lord’s aquittal

Chief Judge of the Criminal Court Abdulla Mohamed has cited “suspicious issues” relating to the evidence presented by the Prosecutor General’s office as reason for the acquittal of Hussein Mohamed.

Hussein was labelled by the government as one of the top six drug dealers in the country, prior to the court finding him innocent of  importing drugs. He was arrested at the airport on April 9, 2009, where police alleged he was awaiting the arrival of a couple carrying a drug shipment.

Judge Mohamed said the evidence presented was inadequate to rule Hussein guilty.

Hussein was the first to be arrested of the six people President Mohamed Nasheed has previously labeled as the top six drug dealers in the country.

Deputy Prosecutor General Hussein Shameem described the verdict as “regrettable”, adding that the PG’s office would consider its options once it received the case report from the court.

The second of the six arrested, Adam Naseer, was also ruled innocent by the Criminal Court after police searched his home in Addu Atoll on June 30, 2009, where they found over Rf6 million (US$461,500) in cash and a tin containing drugs outside his house.

Naseer was arrested several days later on July 2, 2009.  However, the Criminal Court ruled that he was innocent because evidence presented by the Prosecutor General’s office was inadequate, and failed to prove that the money found with Naseer was obtained through drug dealing.

Likes(0)Dislikes(0)

Comment: Can we live in paradise without our Bangladeshi workers?

In our little country we have many friends from neighboring countries. I always think about them and encounter them when I go for my frequent coffee or tea or breakfast at the various cafes, kadas and hotaas and restaurants. Most of the time, I see them in ‘hotaas’ (cafe/eatery).

It is not a surprise when you think about why there is such an influx of legal and illegal immigrant workers, and the reasons they come to Maldives

Discrimination towards certain types of manual jobs such as rubbish collection and construction labor, and a young population with no interest in such work, is one reason perhaps. But also the greedy business people who can save their pennies easily by getting cheap labor may be another cause.

No matter whether they are illegal or legal, or whichever nationality, they are in desperate conditions. They do donkey days of work and get only one holiday in the week, which of course is evident when we walk around Male’ on a Friday evening.

Whenever I enter a hotaa they usually come and ask what I need. Sometimes when I tell them cool water in Dhivehi they bring normal water and vice versa. I am not sure whether it is because they don’t understand the Dhivehi language or because they have a motive of getting satisfaction by being irritating and assertive.

Some customers talk to them in a raised voice, with threatening vulgar Dhivehi words, and treat them in a more unethical manner which is inhumane.

No wonder why many of us Maldivians find it irritating to be polite and thankful to people who serve us.

Maybe Maldivians have become such arrogant and impolite people because they may feel disgusting to thank a dirty manual laborer.

Some even avoid these friends out of consideration for hygiene. It is of no surprise that such tough men, who work like donkeys without any breaks to refresh themselves, will of course smell like goats. Moreover, not being wealthy enough to afford deodorant or good quality soap with their earnings is another reason. Or perhaps not being provided with enough freshwater to cleanse their body in their traditional bathing style in rivers, as their employers don’t like to see a fat water bill.

Strangely nobody bothers about what goes on in the kitchen of the hotaa, except when an occasional hair in a bajiyaa or a piece of boakibaa is evident while savoring the hot and spicy delicacies. Many such kitchens are infested by roaches and rodent aliens as well, and our friends never bother to kill or chase them.

Maybe they feel empathy towards such aliens in their surroundings and want to show others it is inhumane to victimise God’s creations.

Well it’s of no surprise as the hotaa is both bedroom and bathroom, as well as hotaa. In the night our friends who are not given places to sleep put tables in the hotaa together and spread a sheet on them and sleep on these tables.

Sometimes their washed clothes, including their undies, may be seen hanging on a rope in the corner of kitchen.

Well, still they are happy and continue to enjoy the day’s heat and occasional rain and the tropical climate. Maldives of course is paradise to a person who only enjoys the physical environment – but the social environment, especially in Male’, is devastatingly unsuitable for living.

My dear bondhus and bhais and machaas and mahathiyaas, without your ways and your life and your labour, how could we ever live in this Paradise?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

Likes(0)Dislikes(0)

Exploitation of Bangladeshi workers worth hundreds of millions, says former High Commissioner

Exploitation of foreign workers rivals fishing as the second most profitable sector of the Maldivian economy after tourism, according to conservative estimates of the number of Bangladeshi workers showing up at their commission in Male’ after being abandoned at the airport by unscrupulous employment agents.

Former Bangladeshi High Commissioner to the Maldives, Professor Selina Mohsin, who finished her assignment in July, told Minivan News that every day 40 Bangladeshi nationals were turning up at reception, “having come to the Maldives and found they have nothing to do. So naturally they come here to the High Commission.”

Most of the stranded workers were recruited in rural areas of Bangladesh by local brokers, who would work alongside a Maldivian counterpart.

“The Bangladeshi counterpart charges the worker a minimum of US$2000, but it goes up to $US4000. This money is collected by the counterpart and divided: typically three quarters to Maldivian broker and one quarter to the Bangladeshi counterpart,” Professor Mohsin explained, prior to her departure.

“Many workers sell their land, their property, even their homesteads – putting their wives in a relative’s house – and come here for employment they have been told will fetch them between $US300-400 a month. But when they arrive, they find they have no employment.”

Stranded in a foreign country and unable to speak English or Dhivehi, the workers either melt into the Bangladeshi community and become illegal workers, working for low wages in substandard conditions, or present themselves at the High Commission and beg for help.

In some cases workers are collected from the airport by the brokers and have their passports confiscated before being dumped on the streets of Male’, Professor Mohsin explains. Typically the worker arrives with a local mobile phone number – inevitably disconnected – and does not know the name of the broker.

“They eventually end up at my office,” she says, pointing to the Commission’s reception area. “Often they are in a state of shock at arriving to discover they have no employment. I try to put them in a guest house for 7-10 days and see if they can be repatriated, but many can’t and because they owe sums of money they take any job they can – sometimes US$70-80 a month.”

Taking into account the Bangladeshi broker’s cut, and based purely on the numbers of stranded expatriates presenting themselves at the high commission, indicates an employment trafficking scam worth upwards of $43.8 million year.

Even at conservative figures based on the numbers of Bangladeshi nationals presenting at the commission, this rivals the country’s US$46 million fishing industry (2007, Department of National Planning) as the country’s second largest export earner after tourism.

That could likely be just the tip of the iceberg – Professor Mohsin believes the true figure is far higher, pinpointing one operation as bringing in upwards of $100 million.

Work permit discrepancies

Under Maldivian law foreign workers arriving in the Maldives must have a work permit issued by the Immigration Department. This is obtained through an employer or agent, who must first request a foreign worker quota from the Ministry of Trade and Human Resources.

These are obtained “very easily”, Professor Muhsin contends.

“The Maldivian [side] gets into connection with the Bangladeshi brokers, gets a business permit from the Ministry of Human Resources, says they want to recruit and gets a quota for more workers than they require – if they require any at all – and then ask a Bangladeshi counterpart to bring in the workers.”

In an effort to control the flow of workers into the country, some High Commissions – such as Bangladesh – also require that work permits for their nationals be attested by the local commission before they are considered valid.

First Secretary at the Indian High Commission, Naryan Swamy, told Minivan News that the Indian High Commission ceased attesting work permits 3-4 years ago, although the policy remained in place in certain Gulf countries to reduce the exploitation of female domestic servants.

“Our major problem is not forged documents, but people who are given a rosy picture in India about working in the Maldives and want to go abroad. They might be earning US$200 in India, but are told they can earn US$400. When they arrive they get US$120-140,” Swamy says, adding that the burgeoning domestic economy in India has markedly reduced the number of workers falling into such a trap.

“On average we receive 2-3 people a day with this problem. Most of the time we can talk to the employers – usually workers are unsatisfied with the conditions.”

Where the Indian High Commission can identify the employment brokers, “we don’t give up easily,” he hinted. “If we have a case we don’t just write letters – we follow up. The system sometimes takes a long time, but we don’t give up.”

Professor Mohsin acknowlegdes that India “has a far better system than ours, and we allow far more innocent people to come through. But even in India’s case, professionals like doctors on many of the islands are treated badly and looked down on.”

However with the system of attestation in place, the importing of Bangladeshi workers now depends on forged documentation, she contends.

“I haven’t attested a single work permit since April. How are they entering? Why are they still coming at all?” she asks.

“Recently I caught one Maldivian man who was bringing in over 1800 people. I asked him, ‘what will you do with them?’ He said there were ‘many projects’. I asked him to show me the projects and he couldn’t.

“I asked him if he had cleared this with the Ministry of Human Resources, Youth and Sports. I rang to check and it had – it was attested by one of the ministries of this government.

“I signed but had questions in my mind – why were the terms and conditions so small? There should be pages and pages – for 1800 people there should be hundreds of pages, and details of the project.

“But I had doubts in my mind so declared my signature null and void within Bangladesh within 4-5 days. I checked the company – it took me months – and then I found out the whole thing was a scam totalling over US$300 million.

“Those people would have come [to Male’] had I not checked. Had I not done it, 1800 people would have sold their homes and become delinquent in the Maldives. This did not bother a Maldivian broker – hell is not good enough for the people who are doing this.”

Maldives placed on human trafficking watch-list

Most cases that arrive at the High Commission involve trafficked workers. The problem is large enough to have attracted the attention of the US State Department, which placed the Maldives on its watch-list for human trafficking following what it described as the government’s “failure to investigate or prosecute trafficking-related offenses or take concrete actions to protect trafficking victims and prevent trafficking in the Maldives.”

In its 2010 Human Trafficking report – published less than a month after the Maldives was given a seat on the UN Human Rights Council – the State Department estimated that half the Bangladeshis in the Maldives had arrived illegally “and most of these workers are probably victims of trafficking”.

It highlighted the construction and service sectors as primary offenders, and noted the prevalence of “fraudulent recruitment practices, confiscation of identity and travel documents, withholding or non-payment of wages, and debt bondage.”

Most trafficking in the country involves exploitation of foreign labour, according to Professor Mohsin, “but in extreme cases it has been for prostitution.”

After repatriating a Bangladeshi girl who had been forced into prostitution in the Maldives, Professor Mohsin ceased attesting work permits for Bangladeshi women altogether.

“I said I would allow no more women. I will not allow any more Bangladeshi women to come to the Maldives because they are used for the wrong purposes. I have even met young boys who work in houses and are physically assaulted. I have spoken to people to whom this has happened: I told one guy, just give me a complaint and I will catch the person. But he was too scared [of retaliation].”

Government complicity

Professor Muhsin acknowledged that government’s response to her outcry might be “Why is the Bangladeshi High Commissioner creating such a racket?”

“But tell me – if every day you are inundated with dozens and dozens of workers who are in a state of shock – then it becomes a very big issue for me. I have to know why they aren’t rigorous enough at the airport.”

With a single international airport funnelling foreign workers into the country, the Maldivian authorities should be able to fix the problem any time they want, Professor Mohsin contends.

“[Bangladesh] has many airports and a very porous border: we share thousands of miles with India. Some people even have houses half in Bangladesh and half in India, such was the border drawn by Sir Radcliffe. That’s why it is very easy to cross to South India and fly to the Maldives.

“But in Maldives there is only one international airport, and people have to come out of it. Tell me – if you don’t want me in your house, how can I enter? How can I enter if the door is locked?

“What I want to say is: stop them at the airport. If your database is correct, if you are rigorous, if you have scanned their passport as you say, then you at least have a copy of the passport. If you are the employer [to whom the quota is allocated] you know the broker. Nobody is taking this seriously enough.”

Response

State Minister for Foreign Affairs Ahmed Naseem said he was “very concerned” at the “strong wording” in the US State Department’s report, noting that human trafficking was “a very harsh term” to describe people brought to the Maldives by unscrupulous employers and agents.

“Anyone can get a [tourist] visa on arrival, and we don’t discriminate just because somebody is Bangladeshi,” he said.

He observed that all employment agents were registered with the Ministry of Human Resources: “I think they have a lot of knowledge about the problem and know exactly what is going on,” he said.

“We are researching the issues mentioned in the [State Department’s] 2010 report. There are a lot of illegals here and not enough jobs – we’re looking into the mater.”

Hussein Ismail, Deputy Minister for Human Resources, claimed it was “impossible” to enter the Maldives with forged documents, “because whatever employment approval we issue is electronically copied to immigration and checked against a person’s name. The database is shared, so they know when an employment visa has not been issued.”

When a work permit is approved it must be used within 50 days, “so there will be [arrivals] pending,” he noted, even if a High Commission were to cease attesting work permits.

Rights and treatment

The rights and treatment of Bangladeshi workers – including those employed legally – remains an issue for the Maldives.

“I once had somebody call me to say he was surrounded by 500 Bangladeshis because their salaries had not been paid for one year,” recalls Professor Mohsin. “I called the employer – I was very annoyed. He said to me: ‘I will not pay their salaries. What are you going to do about it?”

When workers fell into such a situation, she explains, they had little legal recourse or judicial instruments, and any civil case was conducted in Dhivehi to the bewilderment of the worker – even if they could find a lawyer.

“It is incumbent on the government of the Maldives to provide legal services to those who have been deprived of their rights to their salary – it should not be my business,” Professor Mohsin says.

Even the Immigration Department does not employ a Bangla speaker, despite the scope of the problem and their contribution to the economy, relying instead on the Bangladeshi High Commission to provide interpreters. An immigration official confided to Minivan News that while they were aware of problems with brokers, the language barrier made it difficult to determine what was going on when the worker arrived. Instead, he said, the Department relied on glimmers obtained from workers who approached authorities after they had acquired some Dhivehi, often when departing the country.

Professor Mohsin said she was at a loss to describe the abysmal treatment of Bangladeshi workers in the Maldives, given the centuries of close cultural association between the two countries.

“Historically things like tobacco smoking and rice eating were all learned from Bengal, because the Maldives had nothing but cowry shells,” Professor Mohsin says. “That was the Maldives’ only export – what would traders bring back in return? Rice, textiles, tobacco, wood… one of the country’s rulers was even a Bengali princess.

“I find it very painful now that a Maldivian coming from such a tiny country, and dependent on others for food, can look down on Bangladeshi workers who are doing all the menial work that no Maldivian will do. Why have they changed suddenly? What is this ethos that allows the country to employ workers from other countries and treat them so badly?”

Likes(0)Dislikes(0)

Police conduct weapon searches after 17 year-old boy stabbed yesterday afternoon

A 17 year-old boy was  stabbed by a group of people near a garage in the Galolhu district of Male’ late yesterday afternoon, before sunset.

According to Police Sub-inspector Ahmed Shiyam  the boy was stabbed twice,  in the arm and shoulders, and was treated at Indira Gandi Memorial Hospital (IGMH).

”Due to a rise in gang activity yesterday Maldives Police Services launched a special operation to check people and several areas,” Shiyam said. ”Police were seeking weapons and objects that could potentially be used as weapons.”

Recently another 17 year-old boy was stabbed to death by a group of men during an apparent gang fight.

The boy was stabbed in the leg as he was climbing onto a truck near the Social Centre in Maafannu, and bled to death despite undergoing transfusions at IGMH.

Police statistics for the first six days of Ramadan reveal that 225 criminal cases were recorded. There were 23 cases of assault, 61 cases of theft, three robberies, 22 drug-related cases, one sexual offence, 39 traffic-related cases, three cases of domestic violence, 21 cases of forgery, nine cases of vandalism, three cases of bounced cheques, four cases of embezzlement, 20 cases of lost items and 36 in the category ‘other’.

Comparative statistics between the number of crimes committed in the first three days of Ramadan this year and last year show that a decrease in crime rate in the first three days of Ramadan.

Likes(0)Dislikes(0)

Fiqh academy to reprint an amended version of Quran translation

State Islamic minister Sheikh Mohamed Shaheem Ali Saeed has said the ministry’s Fiqh academy will reprint an amended version of the Dhivehi translation of the Holy Quran.

“We discovered there were 180 symbols missing in the current translation, and verses of some Surahs were disordered,” Sheikh Shaheem said.

“The current translation was a version made with the assistance of a scholar’s council appointed by the former government, therefore the Fiqh academy will not invalidate the current version, but will rather reprint an amended version,’’ said Sheikh Shaheem.

Shaheem said as Quran was holy it should be well protected.

“If the incorrect version is not amended it could potentially lead to confusion in the long run,’’ he suggested.

In June last year the ministry sent a letter to the president’s office requesting the copyright of the current translation, which is required in order to reprint the translation.

“But the president’s office replied that they could provide us the copyright – it’s funny though, because everything related to religion is supposed to be kept under the Islamic Ministry,’’ Shaheem said. “We do not know when we will be able to start the [reprinting], until we get the copyright.’’

Press Secretary for the President, Mohamed Zuhair, was unavailable for comment at time of press.

Likes(0)Dislikes(0)

DQP MP lashes out at parliament’s “insincerity”

Dhivehi Qaumy Party (DQP) MP Riyaz Rasheed has accused parliament of stacking the Supreme Court bench in favour of the two major parties, the ruling Maldivian Democratic Party (MDP) and the opposition Dhivehi Rayyithunge Party (DRP).

Rasheed alleged that out of seven judges appointed for Supreme Court, four were appointed in favor of the DRP and People’s Alliance (PA) coalition, while the other three was appointed by the MDP.

‘’I have seen lately that the work of the parliament is divided by the interests of the two main political parties,’’ said Rasheed in yesterday’s parliament session.

Rasheed also complained that Speaker of the Parliament Abdulla Shahid had failed to inform MPs that the issue of cabinet ministers’ reappointment was in committee. He cited article number 128 of the parliament’s law, which says that all committee work must be concluded within seven days time and MPs notified.

“My question is, are the cabinet ministers going to be divided like the Supreme Court judges?” Rasheed asked.

He claimed it was already “very difficult for me when I can’t summon ministers.’’

“Are the [reappointments] taking so long because the [cabinet ministers] are not yet divided equally among you?’’ he asked the chamber. ‘’We should be ashamed to criticise the president while our own actions are like this.’’

Rasheed decried the “lack of sincerity” in the parliament.

“During the appointment of the civil service commission members, there was a person who scored the marks, who was supposed to be listed as the third [appointment], but he was listed as the sixth. Where is the sincerity of the parliament?’’ he claimed. “Is it the president who is still wrong?’’

Rasheed added that his patience “has reached its end”, and that he could not wait “see the parliament swallowed by the two main political parties”.

In the silence following Rasheed’s outburst in the chamber, Rasheed said the MPs were silent “because they know I am speaking the truth about parliament.”

“The parliament’s work is unfair,’’ he added.

Shahid replied that he had informed the chair of the committee [examining the reappointment of cabinet ministers] of the committee’s obligation to disclose information, “and have sent a letter as a reminder.”

‘’I assure  all MPs that I would not commit any such act the honorable member has mentioned,” said Shahid.

Likes(0)Dislikes(0)

Chinese couple disappear at sea, leaving 13 year old daughter

A Chinese couple holidaying in the Maldives disappeared from their resort on Saturday after they went for a swim, according to the Maldives National Defense Force (MNDF).

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.

Lieutenant Abdulla Jaleel said that MNDF had already searched 102 square miles from air and sea, attempting to locate the lost couple.

“Yesterday we checked near Rehendi Resort, today we started to search near Dhigufaru island,’’ said Jaleel. “We have been unable to discover any sign of them.’’

“On that day, we received a report from a speed boat  travelling in the area that they thought they had seen a woman lying face down on the surface, but when they turned towards the direction of the woman to check, she had vanished,’’ Jaleel said. “MNDF Nothern Area coast guard immediately went to the area, but there was no sign of them.’’

Daily newspaper Haveeru reported that the couple and their daughter went to the beach and that their daughter walked around the beach collecting shells while her mother and father were swimming. When she came back she noticed her parents were missing.

Jaleel said that the missing couple’s daugter was now under observation at Irufushi resort.

The resort issued a statement today saying it had immediately launched its emergency search and rescue plan, and contacted the MNDF Coast Guard.

“The hotel is assisting the authorities and all efforts are being made to locate the guests. The well being, safety and security of our guests are of paramount importance and the Hilton Maldives / Iru Fushi Resort & Spa continues to make every effort to ensure that all practises and standards are in line with strict safety and security regulations,” the resort said.

On February 27, a 69 year old German tourist died while snorkelling at Embudhu Village Resort in Kaafu Atoll, eight kilometres from Male’.

On March 1, a Chinese tourist died while snorkeling at Chaaya Lagoon Hakurahura Island Resort. Two weeks later on March 14 a second Chinese tourist died at Holiday Inn Kandooma Resort.

Correction: A previous version of article incorrectly stated that a Chinese couple died at Holiday Inn Kandooma Resort on March 14. The male guest died while the female guest was revived.

Likes(0)Dislikes(0)

Comment: What do you call a lawless State?

On Tuesday the Maldives appointed a Supreme Court bench in one of the few displays of cross-party cooperation seen in parliament since the ratification of the 2008 Constitution.

But Raadhafathi, a Maldivian national currently working on a project to strengthen the justice sector of the Maldives, and with experience training judges and inspecting courts all over the country, claims the road to an experienced, impartial and capable judiciary will be long and arduous.

The Maldives is in a state of transition. A new Constitution, a new Supreme Court, a new President, multi-party systems and many other factors creating a crucial period for the judiciary as well as for the country as a whole.

I am writing this to highlight the justice sector of Maldives.

Since independence the Maldives has acceded or ratified the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Committee on the Elimination of Racial Discrimination (CERD), Committee on the Elimination of Discrimination against Women (CEDAW), Convention Against Torture (CAT), Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD). The Maldives was officially awarded a seat in the UN Human Rights Council in Geneva in May 2010.

The Constitution adopted in 2008 provides for independence of the judiciary, creates new individual liberties, establishes judicial review and gives certain responsibilities relating to the judiciary to the Judicial Services Commission (JSC). These developments present challenges as well as opportunities for the judiciary.

The dynamic reforms of the past two years require that the judiciary transforms itself to ensure that it has the capacity to address the issues brought before it in the coming years. The Maldives is geographically unique in that it is comprised of 20 Atolls containing nearly 1200 islands, out of which 200 are inhabited. This presents numerous governmental challenges which judiciaries in other countries do not face.

During the past five months I have:

  • Been involved in the training of 18 Judges from the Malé courts and 23 Magistrates from the Island Courts on Human Rights and the Constitution;
  • Interviewed NGO’s, Human Rights Commission of the Maldives, Migrant Workers, Bangladesh Embassy, Indian High Commission, Department of Immigration and private lawyers.
  • Visited all the police stations, prisons and detention facilities in the Malé surrounds;
  • Interviewed prisoners and prison staff
  • Visited and interviewed drug rehabilitation facilities
  • Visited all the courts in Malé and interviewed judges and court staff including the [interim] Chief Justice of the Supreme Court
  • Visited Southern and Northern Atolls Courts and interviewed Magistrates, Atoll police commanders, Investigation officers, court staff, prosecutors and court users in the community.

It is evident there is an urgent need to increase the capacity of judges and the court staff to handle the number and complexity of the cases brought to the judiciary, in particular protecting rights enshrined in the Constitution. In addition, Human Rights is a new concept in Maldives and very few people poses the necessary skills and knowledge.

Major features and problems of the legal and judicial system operating in the Maldives

There are total of 208 judges/magistrates in Maldives. Although rights are defined and independent institutions exist to ensure rights are protected, the weakness of the current legal framework lies with the lack of trained professionals in the justice sector, in particular judges, magistrates, prosecutors and police.

98 percent of the legal profession in Maldives (including prosecutors, lawyers, judges, magistrates) are less than qualified to be in the legal profession. Most judges and magistrates have only completed secondary education, and they are not required to be lawyers.

Very few have completed undergraduate or post graduate degree from a western country. Most degrees are from Egypt or Saudi Arabia, and they are usually from unrelated fields. Some have received a Diploma in Sha’riah Law from Institutions established in Malé.

There is no common denominator in judicial training and experience. Some have learned in Arabic, some in Dhivehi, a few in English (the majority of the Judges I have met do not speak English to a serious degree).

The average age of judges at present is 28-32 years.

This situation gives rise to many problems such as reconciling Shari’ah law and the codified common law, as well as the attitudes of judges trained in the Shari’ah law and lawyers trained in common law traditions of the Commonwealth. In addition, the lack of laws governing legal procedure exacerbates the situation further, ensuring there is no consistency in their judgments or conduct of cases.

The judicial system is in considerable chaos. There are no Rules of Court, instead certain rules and regulations are found in more informal publications called ‘Court Circulars’.

In criminal cases, there is no formal onus of proof, and Judges can and do conduct cases any way they want. Every Judge does his or her cases differently and unpredictably.

State attorneys can appear in private legal cases and can be and are members of the Majlis. These arrangements are a direct breach of the separation of powers doctrine. This again demonstrates a failure to appreciate how a democracy and the separation of powers are intended to operate.

The right to a fair trial is a cornerstone of democratic societies. How a person is treated when accused of a crime provides a concrete demonstration of how far a state respects human rights. Unfortunately in the Maldives:

  • Courts assume guilt based on the prosecution case before the ‘trial’
  • A Russian national who only speaks Russian is provided an English Interpreter
  • Prosecution did not provide the documents filed to the accused. Prosecution stated “providing a copy to the accused is not included in the budget.”
  • If a woman submits an application for a divorce, the courts treat the woman with disrespect and 99 percent of the time, they are not granted a divorce regardless of evidence produced – even in domestic violence cases.
  • Prosecution takes too long to file a case, particularly in the islands.
  • Legal profession lacks basic advocacy skills
  • Majority of the legal profession are not competent. They are independent by law but not in practice. As for impartiality – the island courts in particular – this is not exercised due to the small community they live in. Island prosecutors often discuss matters with the magistrates. The prosecution is also allowed to go and spend time with the court staff, while the accused is waits outside in the waiting room.
  • Most judges do not know that public can attend hearings. Hence often those who attend are sent away. The other issue is lack of space in the tiny court rooms.
  • Accused not given an opportunity to cross-examine

Despite all this, the JSC, the independent body responsible for the judiciary, approved all judges to be appointed without term (tenure to retire at 70). If the JSC were to continue the way they have been conducting themselves, there is no hope to strengthen the judiciary of Maldives nor to protect rights enshrined in the Constitution.

The transitional period (Chapter 14 of the Constitution) ended on 7 August 2010.  While the Supreme Court has been appointed, unfortunately the judiciary remains in a state of disarray.

No one (including the executive, parliament and judiciary) knows the meaning of the term ‘separation of powers’, ‘what the law is’ nor even what ‘Human Rights’ means.

No one obeys or respects the legal system, and the Maldives legal system is oppressive and unjust. The entire situation contravenes basic tenets of the rule of law and requires urgent change. The concepts of enforceable natural justice, procedural regularity and due process are not known in Maldivian courts.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

Likes(0)Dislikes(0)