Category: Society & Culture

Court sentences Humam for six years on charges of using cannabis

Criminal Court has sentenced Hussain Humam of Henveiru Lobby House, who was arrested in connection with the murder of late MP Dr Afrasheem Ali, to six years’ imprisonment on two counts of using cannabis.

The Criminal Court ruling stated that in May last year Humam was arrested by a patrolling officer on suspicious of being intoxicated. Police officers tested his urine which was tested positive for cannabis, police said.

The court said that Humam has confessed in court to using cannabis.

The Court said that in October 2012, Humam was arrested while he was near Jalapeno Restaurant on suspicion that he was intoxicated.

Humam was brought to Male’ Custodial by patrolling officers and his urine tested positive to cannabis,\, the criminal court said.

According to the Criminal Court, Humam  confessed to using cannabis in the court during the trial.

Last month the Criminal Court sentenced Humam to one year imprisonment after the court found him guilty of refusing to provide a urine sample for a drug test.

The Court said Humam has violated the 17/2011 Drug Act’s article 113[a] and was therefore sentenced under 113[b] of the Drug Act.

The trial of Dr Afrasheem’s murder case is still going on in the Criminal Court. Humam is the only person to be charged in the case.

Humam is also charged in another case for allegedly attacking a police officer. He has denied the charges in court.

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President Waheed calls on Maldivians to improve conditions of expatriate workers

President Mohamed Waheed Hassan Manik has called upon Maldivians to “do everything possible” in order to improve the working conditions of Bangladeshi expatriate workers in the Maldives.

Speaking at a function to mark the Bangladesh Independence and National Day on Tuesday (March 26), Waheed stated that Bangladeshi expatriate workers make a huge contribution to the economic growth and development of the Maldives.

Acknowledging to the fact that Bangladesh accounts for the largest group of expatriate workers in the Maldives, President Waheed stated the importance of reflecting on the conditions of foreign workers in the country.

“Let me reiterate here the government’s unfailing commitment to ensure the rights of the expatriate workers in the Maldives are fully protected in accordance with the relevant laws of the Maldives.

“I take this opportunity to appeal to my compatriots in the Maldives to reflect on this current condition and do everything possible to improve the working conditions of our brothers and sisters and to ensure that their rights are always guaranteed,” said Waheed.

In 2010, it was claimed that the exploitation of foreign workers in the Maldives rivals fishing as the most profitable sector in the Maldivian economy after tourism.

High Commissioner of Bangladesh Rear Admiral Abu Saeed Mohamed Abdul Awal said that the commission was working closely with the Maldives government to address the issue.

Awal stated that the commission is dedicated to ensuring the treatment of expatriate workers by Maldivian employers, adding that the working conditions and rights of the employees need to be protected.

Last month, the head of Maldives Association of Construction Industry Mohamed Ali Janah alleged that almost half of all foreign employees in the construction industry were thought not to be legally registered.

A report on human trafficking in the Maldives saw the country remain on Tier 2 of the US State Department’s Watch List for Human Trafficking for the third year in a row, only narrowly avoiding a decent to Tier 3 – the most severe category.

Various government ministries claim to have stepped up efforts to address the problem in the past few months in the build up to this year’s human trafficking categorisation by the US State Department.

In January, President Waheed expressed concern about the rising number immigrants in the Maldives, claiming that the “foreign influence” threatens the country’s “Maldivianness”.

In regard to a potential decent to Tier 3 of the US State Department’s human-trafficking watch list this year, Waheed warned that the Maldives would face difficulties in seeking foreign assistance should it slip to the most severe category.

Speaking at the function on Tuesday night, President Waheed said that in order to become a modern democracy, Maldives must follow the “democratic experience” of Bangladesh and other developing countries in order to learn from their experience.

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Police assist with sea turtle rescue

Local police assisted with the collection and release of hatchling sea turtles by putting them in a freshwater pond and feeding them biscuits and rice.

The baby sea turtles were found in January on Nilandhoo island in Faafu Atoll.

A source involved in the rescue spoke to Minivan News about the incident.

“When there is too much light on an island, the baby turtles become confused and head inland instead of towards the sea [after being hatched]. People found the baby turtles all around and in the interior of the island,” the source explained.

“The Maldivian mentality is to keep the turtles as pets. They completely lack awareness. The police know this is illegal, so they collected all the turtles and put them in a freshwater pond.

“They also fed them biscuits and rice, because they were unaware of the proper diet for sea turtles.

Some of the turtles were injured and shrank, given their change of habitat and irregular diet, claimed the source.

“The police don’t know the proper conditions to keep sea turtles and lacked the facilities. A few died,” the source stated. “We don’t blame the police. At least they tried to save them.”

“They were very efficient and checked with the proper government authorities [regarding where they could be transferred for rehabilitation],” the source added.

Police Spokesperson Chief Inspector Hassan Haneef confirmed that many hatchling sea turtles were found on Nilandhoo and the local police intervened.

“The local police identified who had them, where they were located and then they were collected and released,” stated Haneef.

“At the time the local police were briefed and they coordinated with the Marine Research Centre in Male’,” he added.

Haneef was unaware of what the turtles were fed or if they were transferred anywhere to be rehabilitated.

Captive sea turtles

In late 2012, 104 hatchling turtles were taken from the uninhabited island Kakaaeriyadhoo in Shaviyani Atoll and sold to islanders on Kan’ditheemu.

“These baby turtles were kept in cooking pots with freshwater or small freshwater ponds and tanks,” a resident of Kan’ditheemu and conservationist Hassan Solah told Minivan News.

“This is very detrimental because they develop fungal infections and they cannot regulate their buoyancy since salt water is denser than fresh.

“The turtles become severely weakened and cannot survive in captivity or even in the ocean, assuming they are eventually released,” Solah added.

Kakaaeriyadhoo was previously leased by the island council to a local from Kan’ditheemu.

“I spoke with him and he agreed not to take any more baby turtles and sell them as pets. Now no one is caring for Kakaaeriyadhoo, it is under the care of the Atoll Council,” said Solah.

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Attorney general appeals 15 year-old girl’s flogging sentence as authorities contemplate legal reforms

Attorney General (AG) Azima Shukoor has appealed a court decision to sentence a 15 year-old girl alleged to be the victim of multiple cases of sexual abuse to 100 lashes on charges of fornication, the government confirmed today.

The Juvenile Court sentenced the girl after she confessed to authorities of having consensual sex with an unknown man during investigations into a separate case of abuse against the minor.  The abuse was alleged to have been carried out by her stepfather.

President Mohamed Waheed’s government has previously criticised the verdict, pledging back  in January to review the use of flogging as a punishment for sexual offences – a practice it has alleged in some cases actually serves to punish victims of rape and abuse.

Sources on Feydhoo in Shaviyani Atoll, where the 15 year-old girl originates from, last week told Minivan News that concerns had been raised by islanders since 2009 that the minor had allegedly been the victim of sexual abuse not just by her stepfather, but by a number of other unidentified men on the island.

The case has brought international attention to the country’s legal system, including the launch of an online Avaaz.org petition signed by 1.3 million people that threatens to boycott Maldivian tourism, as well as public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

In a statement posted on his website yesterday (March 26), Branson spoke of the “enormous damage” he believed the verdict was causing the country. As a result, Branson said he had written to President Waheed, who in turn claimed he had pledged to review the case through a ministerial committee.

“The attorney general has now appealed the case on behalf of the child,” Branson wrote.

Speaking to Minivan News today, President’s Office Spokesperson Masood Imad confirmed that the attorney general had now appealed the court’s ruling, but that he was still waiting on the exact details from the AG’s Office. Massod added that further details would be provided on the appeal later this week.

He was also unable to confirm if a time-line had yet been established for consultations between various state bodies to oversee any proposed reforms to the legal system.

Legal reform

The Maldives Constitution does not allow any law that contradicts the tenets of Islam, with the criminal charge of fornication outlined under Islamic Sharia.

However, Masood has previously noted that the Maldives had a tradition of turning away from practices such as the death sentence and corporal punishment that form part of Sharia law.

According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since back in the 1960′s.

He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

Masood said that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

Avoiding prosecution

A senior legal expert with experience of working under both the present and former governments has told Minivan News that that while the Maldives Constitution requires that laws in the country do not contradict Islamic Sharia, there were ways of avoiding prosecuting suspects on charges of fornication.

“There are many Islamic legal interpretations that place several conditions to fulfill before a prosecution on fornication be brought forward. Some scholars even go further and argue that hudood offences cannot be practiced in the legal justice systems at the current time,” claimed the legal source, who spoke on condition of anonymity.

“Their argument is that Islamic Sharia is a way of life and you cannot pick and choose which areas you need to implement. Basically, you cannot implement Islamic criminal justice system in its original form when Islamic commercial system or Islamic governance is not observed.”

Addressing the wider issues of how minors were identified and viewed in the eyes of Maldivian law, the legal source added that the culpability of children was identified in a regulation called ‘Kuda kudhin kuraa kushuge masala thah balai, thahugeegu koh, insaafu koh, adhabu dhinumugai amalu kuraane gothuge gavaidu’

The legal source said that the culpability of minors is specifically dealt with in section five of the regulations.

“According to section five, children above the age of 10 and below the age of 15 are criminally responsible for five offences, which are apostasy, treason, fornication, falsely accusing fornication and consumption of alcohol,” the source said.

“Children above 15 years are criminally responsible for their actions. With children who are below 10, parents are required to make good any damage because of a criminal act. There is no criminal liability for below 10.”

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali had his phone switched off at time of press.

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No-confidence vote against defence, home ministers scheduled for April 8

Parliament has scheduled a vote of no-confidence against Defence Minister Mohamed Nazim and Minister of Home Affairs Dr Mohamed Jameel Ahmed for April 8.

A vote to dismiss Jumhoree Party (JP) presidential candidate Gasim Ibrahim from his position within the Judicial Service Commission (JSC) has also been scheduled for April 9 during a parliament session held today (March 27).

Deputy Speaker of Parliament Ahmed Nazim told Minivan News that all three motions had been submitted by the Maldivian Democratic Party (MDP).

“On the day of the vote, parliament will give the floor to the MDP to present its case. The ministers will then be given the opportunity to respond before parliament then opens the debate and votes on a decision.

“The MDP currently holds 29 seats in parliament, but it will require another ten for the ministers and Gasim to be removed from their positions. This has been undertaken before, a precedent has been previously set,” Nazim said.

The deputy speaker said that parliament had spoken to each of the party leaders in order to ask for all of their MPs to be present during the vote.

MDP Spokesperson Hamid Abdul Ghafoor stated that the party was confident both Nazim and Jameel would be removed from their posts.

In regard to the possibility of conducting no confidence votes through a secret ballot, Hamid said that he did not believe the votes would be submitted anonymously following the supreme court ruling the practice unconstitutional.

On December 3, 2012, parliament voted 41-34 to approve amendments to the parliamentary rules of procedure to conduct no-confidence votes to impeach the President and remove cabinet members through secret ballot.

However, earlier in March, the Supreme Court ruled 6-1 to strike down the amendment to parliament’s standing orders as unconstitutional.

Local media reported on Wednesday that the MDP had asked for a vote to dismiss Gasim from the JSC under the reasoning that an individual campaigning for the presidential elections, should not be permitted to sit in the commission.

Last week, parliament sent a letter to Gasim notifying him of a submitted case to remove him from his post within the JSC.

The JSC formed the Hulhumale’ Magistrate Court bench that is currently presiding over the trial against former President and MDP presidential candidate Mohamed Nasheed.

Jameel failed to control peace and order in the country: MDP

In October last year, the MDP submitted its first motion against Home Minister Jameel over concerns from the party of what it called an “unprecedented” increase in murders and assault in the Maldives since the transfer of power.

Despite the MDP withdrawing the no-confidence motion against the home minister a month later in November for an unexplained reason, a second no-confidence vote was submitted by the party in December.

A statement issued by the MDP accused Jameel of failing to control civil peace and order in the country, which it said had led to the loss of eight lives.

The MDP further referred to an incident in which a man on a motorcycle was killed after a police officer struck a second motorcyclist with his baton, causing him to collide with the first.

The MDP alleged that Home Minister Jameel had tried to cover up police involvement in the death.

Speaking to Minivan News in December last year, Dr Jameel claimed he expected to successfully defend himself from the motion, as would other senior government representatives.

“[The no-confidence motion] is part of a democratic process that the government of the day must always be prepared to face. I feel it’s equally vital for those of us sitting in the government to inform the public and People’s Majlis of our performance and decisions.”

“I am sure once our side of the story is heard by the Majlis, the concerns and charges raised in the motion will become clearer and will be seen as baseless. It’s important in such a motion, in my opinion, to appear in the Majlis and fully cooperate with this democratic exercise,” he added.

Nazim misused his authority: MDP

In December 2012, the MDP filed no-confidence motions against Defence Minister Nazim, alleging that he had misused his authority as the Acting Transport Minister to influence the termination of civil contracts outside of due legal procedure.

The motion followed the government’s decision to void the agreement between itself and Indian infrastructure giant GMR over developing Ibrahim Nasir International Airport (INIA).

Defence Minister Nazim, who temporarily took over the transport ministry following the sacking of former Transport Minister Dr Ahmed Shamheed, played a pivotal role in the eviction of GMR.

In a brief interview given to local media in December following the MDP’s decision to push a no-confidence motion against him, Nazim stated that move was a “desperate” attempt to weaken the government of President Mohamed Waheed Hassan Manik.

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Lack of international cooperation could force MDP to militancy: MP Ali Waheed

Following high-level visits by the Commonwealth and United States Embassy this week, a Maldivian Democratic Party (MDP) MP claimed the party will resort to militancy if the international community does not do more to help restore democracy in the Maldives.

The United States Ambassador to Sri Lanka and the Maldives, Michele J Sison arrived in the capital Male’ today (March 26). Earlier this week (March 24), the Canadian Special Envoy for the Commonwealth, Senator Hugh Segal met with the Maldives parliamentary Committee on Government Oversight.

Parliament Oversight Committee Chairperson and MDP MP Ali Waheed implored the international community to take immediate, decisive actions to help restore democracy in the Maldives.

He explained militant and radical forces – which included presidential candidates – within the Maldives were becoming more powerful.

“The current situation within the country is going from bad to worse and heading towards chaos. Everything is politicised,” Waheed said.

“Umar Naseer is militant, but the international community are promoting more diplomatic candidates like [DRP] leader  Thasmeen Ali, who is failing.

“Why can’t they see this reality? The security of the Indian Ocean region and the Maldives is threatened,” he exclaimed.

MP Waheed also claimed that the MDP will resort to behaving like the militants if the international community does not provide help to ensure free and fair elections in September.

“MDP will not give away our presidential candidate [former President Mohamed Nasheed]. We already gave the government away because of the coup.

“MDP urges diplomacy and dialogue, but will but will step toward radicalism. MDP will be like the militants if the international community does not take action. MDP will be on the ground if Nasheed is not on the ballot paper. We will fight to the last drop [of blood].

MPs are very concerned the international community will continue to only focus on diplomatic discussions, which appear to be failing, claimed MP Waheed.

“We cannot wait for more talk. Nothing is moving, it has been ‘stuck’ since the Commission of National Inquiry (CoNI) report.

“We urge them to act now. Inclusive elections are the way forward. We call on other countries to help find a solution,” MP Waheed implored.

MDP Spokesperson Hamid Abdul Ghafoor further explained the MDP’s frustration to Minivan News.

“With the relative passivity of the international community on pending issues such as CoNI, action on errant forces and judicial reform, taken together with the ‘bash up’ attitude of mutineers towards MDP members, emotions are naturally bound to be heightened.

“[Therefore] the party top echelon would provide leadership, especially as it looks like the MDP shall have to go it alone towards elections,” said Ghafoor.

During the Parliament Oversight Committee’s meeting on Sunday, MPs briefed the Commonwealth’s Canadian Special Envoy, Senator Segal on the events surrounding February 2012’s controversial transfer of power, the current political situation in the Maldives, and the police services’ impunity from prosecution.

“He was very shocked,” claimed MP Waheed.

According to MP Waheed, the Commonwealth has pledged to give all the support necessary to bring back democracy and push for a solution regarding [the presidential candidacy of] Nasheed.

“We hope the Commonwealth Ministerial Action Group (CMAG) will seriously consider these things and discuss them,” he said.

“We thank the Canadian government and asked the Senator to pass along a letter to the Prime Minister. We requested he meet us and really keep an eye on the situation here,” he added.

The US Embassy stated the visit by Ambassador Sison today was routine.

“The Ambassador is in Maldives as part of our normal bilateral relationship. She will meet with government, military, and civil society leaders,” said embassy official Christopher Elms.

International commitments to reform

The Commonwealth has played a key role in terms of the international community’s stance towards the Maldives, particularly following the controversial transfer of power in February in which the present government came to office.

Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Don McKinnon, visited the Maldives in January 2013.

“A key objective of Sir Donald’s visit will be to discuss efforts to strengthen democratic institutions and processes in Maldives, and how the Commonwealth can further assist in this regard,” said Commonwealth Secretary General Kamalesh Sharma in a statement.

McKinnon’s visit followed the publication of a report in August 2012 by the Commonwealth-backed CoNI into the controversial transfer of power on February 7 2012. The report concluded that there was no mutiny by police or the military, and that former President Mohamed Nasheed’s resignation was not made under duress.

During McKinnon’s visit the MDP accused the Commonwealth Secretariat of being complicit in a “systematic government cover-up designed to subdue testimonies from key witnesses to the coup d’etat”.

In December 2012, the Commonwealth said it would work with the Maldivian government to push ahead with strengthening and reforming “key public institutions” as it reiterated calls for “inclusive and credible” presidential elections to be held next year.

In a statement issued December 7, Commonwealth Secretary General Kamalesh Sharma said the intergovernmental organisation would continue to work with international partners and Maldivian authorities on a programme of reform and “practical collaboration”.

Meanwhile, the US delegation that visited the Maldives in February this year gave no “definitive answer” to political issues raised by former President Mohamed Nasheed, the MDP has said.

Nasheed informed the delegates that the present government had failed to act upon the recommendations made in the Commission of National Inquiry (CoNI) report, claiming there had been a “lack of effort” to reform the judiciary.

However, MDP Spokesman Ghafoor said the US delegation were unable to answer the issues raised by Nasheed, and that their interest was focused on the implementation of free and fair elections later this year.

In April 2012, the US government pledged US$500,000 (Rf7.7 million) for an elections programme to assist Maldivian institutions in ensuring a free and fair presidential election.

The European Union (EU) declared this March that it would be “difficult” to consider the Maldives’ upcoming presidential elections credible unless former President Mohamed Nasheed is allowed to contest.

Indian Prime Minister Manmohan Singh has highlighted “free, fair and credible” elections as the “best course” for overcoming political uncertainty in the Maldives.

In a statement issued this March, Singh – referring to last year’s controversial transfer of power – noted that “there have been unfortunate problems in the Maldives after the February 2012 event.”

The Elections Commission of India (ECI) and the Elections Commission of the Maldives (EC) agreed on a roadmap for cooperation this March that includes jointly developing an assistance project to enable free and fair elections later this year.

During the protests that erupted during Nasheed’s stay in the Indian High Commission this February, the UK issued a statement calling for “inclusive” presidential elections as well as calm and restraint.

“During FCO Minister Alistair Burt’s recent visit to Maldives, he said it was vital that the country move decisively towards free, fair and inclusive Presidential elections. He also stressed the importance of all parties being able to participate in elections with the candidate of their choice. It is important for all parties to avoid taking action which could lead to doubt over the integrity of the electoral process and contribute to continuing instability,” the UK’s Foreign and Commonwealth Office stated.

At the time, the UN Secretary General’s office stated that it was “monitoring the developments with concern”, and urged “all political actors to exercise restraint, renew their commitment to the constitution and work toward creating conducive conditions for fair, peaceful and inclusive elections.”

“All parties contesting the September 7 presidential elections should be able to field the candidates of their choice in accordance with the rule of law and the constitution,” the UN stated.

Many of these prominent international actors initially supported the legitimacy of President Waheed Hassan Manik’s government following the controversial transfer of power February 7, 2012.

The CoNI report that followed six months later was welcomed at the time by the United Nations, Commonwealth, and United States.

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Tourism Ministry to use commercials and street performances to attract Chinese tourists

The Ministry of Tourism, Arts and Culture has revealed new plans to promote the Maldives to Chinese tourists through commercials showcasing the country’s culture.

The announcement follows a succession of international campaigns that threaten to damage the reputation of the Maldives’ tourism industry, both in China and traditional European markets.

Earlier in March, calls for a tourism boycott of the Maldives exploded across Chinese social media networks after allegations of discrimination against Chinese guests became widely circulated.

The tourism industry suffered another potential blow last week, when the online petition website Avaaz.org received over one million signatures in protest of the sentencing of a 15 year-old rape victim to 100 lashes for the offence of fornication.

In response to the negative press, Deputy Tourism Minister Mohamed Maleeh Jamaal told local media on Tuesday (March 26), that the ministry is currently preparing a number of activities to promote the country to the Chinese market.

According to the Maleeh, the ministry is preparing two commercial segments to be aired on Chinese national broadcaster, CCTV.

“The programs will show Maldives tourism, culture, traditional talents such as boat construction, and other themes that display the beauty of Maldivian culture and so on, Maldives resorts and their natural beauty, underwater footage, it’ll be excellent for the channel,” Maleeh was quoted as saying in SunOnline.

In addition to the commercials, the deputy tourism minister revealed that plans are currently underway to stage street performances in four different cities in China.

Maleeh claimed that the programs will work to the country’s advantage and will significantly promote Maldives tourism in China.

“Street performances are to be played in four different cities, and we will be meeting with at least 2000 agents, and even if we can attract about 20 news reporters from each city, it is large number, it will have a large effect on tourism,” Maleeh was quoted as saying.

According to Maleeh, the ministry has initiated a number of new efforts in order counter the widespread negative publicity circulating against tourism in the Maldives.

Tourism Minister Ahmed Adheeb and Deputy Tourism Minister Mohamed Maleeh Jamaal were not responding to calls from Minivan News at time of press.

Campaigns will damage both tourism and economy: Maleeh

On Sunday (March 24), Maleeh told local media that recent campaigns calling for tourists to boycott the Maldives would damage both tourism and the country as a whole.

Maleeh claimed the petition launched by Avaaz calling for the Maldives government to end the practice of flogging was really an attempt by the opposition to damage the country’s economy for political gain.

The petition, which has been signed by more than 1.2 million people, was launched after the Juvenile Court sentenced a 15 year-old rape victim to 100 lashes for a separate crime of fornication.

“When they started the campaign, they were clearly aware of the president’s stand, as well the attorney general’s stand on the matter,” Maleeh said, according to SunOnline.

“Looking back, a 14 year-old was given the same sentence during former President Nasheed’s presidency and nobody seemed to have talked about that. This whole deed is an attempt to defame the country’s tourism industry and [damage the] economy,” he said.

Cup noodle discrimination

Earlier this month, dismissed Chinese employees of the Beach House Iruveli resort – formerly Waldorf Astoria – posted allegations on the Chinese forum Tianya that guests from the country were receiving inferior treatment to Europeans, despite paying the same prices.

The staff alleged that this discrimination extended to removing kettles from the rooms of Chinese guests, to prevent them from making instant noodles in their rooms and thereby forcing them into the resort’s restaurants.

The resort has since denied the claims, stating that it had “removed damaged kettles from rooms as part of routine maintenance due to the fact that these kettles were damaged by guests by cooking food.”

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Comment: It’s the judiciary, stupid

This article was first published on Dhivehi Sitee. Republished with permission.

We had information that on 8 February Mohamed Nasheed would close other courts in the Maldives, send all judges home, and acting on his own, would establish a Judicial Reform Commission. From then onwards, it would be this Commission that would appoint all magistrates. ~2013 Presidential Candidate, Umar Naseer (PPM).

I learned about President Nasheed’s intention to establish a Judicial Reform Commission—or in whatever name it maybe—only after the government changed.

– 2013 Presidential Candidate, Abdulla Yameen (PPM)

We don’t know for sure whether Mohamed Nasheed was planning to form a Judicial Reform Commission on 8 February 2012 or not. But, leaders of the National Alliance, especially PPM, have made it clear what motivated them most to be out on the streets protesting until Nasheed’s government ended was the prospect of Nasheed making changes to the judiciary.

Many ‘intelligence-based’ reasons were offered  for the National Alliance’s opposition to the expected changes: Nasheed’s Judicial Reform Commission was going to be totally under his control; it was a way for Nasheed to usurp judicial power; it was Nasheed’s means of destroying the judiciary.

Truth of the matter is all parties in the National Alliance would have been opposed to judicial reform in whatever form it came.

To regard all attempts at reforming the judiciary as undue interference is to believe that the existing judiciary is as should be—independent, just, equal. This is far from the truth. To begin with, an overwhelming majority of current judges were sworn in extra-constitutionally, in violation of Article 285 which demands new, higher, ethical and professional standards from judges. As former Judicial Service Commission (JSC) member Aishath Velezinee exposed, the Commission colluded with authoritarian loyalists to dismiss Article 285 as ‘symbolic’.

Ignoring the constitutional requirement for a complete overhaul of the judiciary has allowed unqualified, unethical and downright criminal individuals to remain on the benches long past the constitutional deadline. Neither the Executive nor the Majlis took appropriate action to stop the oath-taking then; nor have they taken any steps to remedy the situation since. Many of these judges — spread out across low, higher and highest courts — were appointed by, and continue to be under the influence of, pre-democracy leaders. Chief Judge of the Criminal Court Abdulla Mohamed (Ablow Ghaazee) is the icing on the authoritarians’ unhealthily large share of the judicial cake.

His removal and any other change in the carefully engineered set-up would mean less protection for those facing serious torture and fraud charges dating back to the dictatorship. The PPM-led National Alliance protests, seen this way, can be described as intended to ‘protect the judiciary’ from reform rather than keeping interference at bay.

It is now over a year since the National Alliance’s protests saw out the end of the country’s first democratically elected government. If judicial independence is what the protests were about, tackling the problems head-on would have been the new government’s first priority. On the contrary, every effort has been made to sustain the status-quo which preceded Nasheed’s drastic decision to have Abdulla Mohamed arrested.

“I thought he [Abdulla Mohamed] should be released, but I don’t think he should be allowed on the bench until all investigations pending against him have been satisfactorily investigated,” Dr Waheed, the current president said in his CoNI testimony.

Yet, Abdulla Mohamed is not just on the bench, he is back as Chief Judge of the Criminal Court, the main man sitting over the trial of Nasheed for his arrest. Indeed, reinstating Ablow Ghaazee was the first order of business for the new regime. Presidential Candidate Gasim Ibrahim (JP) [who, ‘incidentally’, is also a member of the JSC], meanwhile, dismissed UNSR Gabriella Knaul’s recommendations for judicial reform as lies and levity.

The government’s reaction to all such recommendations has been to either ramp up nationalistic rhetoric and play the sovereignty card, willfully ignore the expert advice, or both.

As noted in the UNSR report, ‘all branches of the State and all institutions have a role to play and responsibilities regarding the consolidation of democracy.’ But, sadly for the Maldives, it is not just the executive failing in its responsibilities towards judicial independence, but the Majlis, too, seems unable (or unwilling) to appreciate the absolute indispensability of judicial independence for regaining democracy.

MPs like Mahloof and Nihan of PPM who so ‘valiantly’ fought on the streets of Male’ to ‘protect the judiciary’, for instance, have yet to raise any judicial reform issues in parliament. Apart from a few individual MPs advocating for reform on other platforms, the Majlis as a collective body has been actively negligent of its duties towards the judiciary.

Otherwise, by now, it would have held the entire JSC accountable for dismissing Article 285 of the Constitution as symbolic. MDP MPs, and others, should have pushed not just for the removal of Gasim Ibrahim from the Commission, but every member of the JSC that colluded in the decision to violate the Constitution.

Long before Majlis summoned Speaker Abdulla Shahid to ask about the Hulhumale’ magistrate court, it should have asked him to explain what he saw, witnessed and participated in while in the JSC that allowed Article 285 to be deemed irrelevant. Even when the Parliamentary Oversight Committee had Shahid in front of them last Tuesday, not only did it fail to ask him about his role in the dismissal of Artical 285, it also failed to interrogate him on how the Hulhumale’ Court bench was illegitimately appointed by the JSC on his watch. “I was not present at the meeting,” is not a reason for absolving any JSC member, Speaker of Parliament or not, from responsibility.

The constant failure by the Majlis to hold JSC accountable for its crimes against judicial independence suggests: a) it is incompetent; and/or b) it colluded with the JSC in violating Article 285 of the Constitution.

All MPs, no matter what party affiliation, must collectively exercise the right and responsibility of the Majlis to hold the JSC accountable, and to work towards redressing Article 285, and all that needs done to ensure we have the kind of judiciary envisaged by the 2008 Constitution on which the Maldivian democracy is based.

Without judicial reform, it is hard to see how the upcoming elections could be free and fair nor how life after elections could be democratic.

Dr Azra Naseem has a PhD in international relations

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Police investigating ‘Moneygram’ fraud worth MVR49.9 million

Police are investigating a MVR49.9 (US$3.2 million) fraud case involving money transfer organisation ‘Moneygram’.

Police told local media that the case was reported on March 13 was now under investigation.

Police Spokesperson Chief Inspector Hassan Haneef said the case was handed to the police cyber crime department as the fraud was conducted over the internet.

Chairman of Maldives Post Limited (MPL) Ahmed Nizam told newspaper ‘Sun’ that the company came to know about the missing money last week and reported it to police.

He told the paper that it appeared the money was stolen through hacking.

Maldives Post Limited has temporarily ceased offering money transfer through Moneygram “until the police investigation is concluded that the MPL is sure this sort of thing will not happen again.’’

Maldives Post Limited and police have not provided details of the case.

MPL website states that ‘’Moneygram is a person-to-person money transfer virtually to any place around the world. Moneygram is an extensive and proficient network, linked by computers, which will transfer your money around the world with care.’’

According to the Maldives Post website, MPL in association with MoneyGram provides money transfer service to 39,000 locations in 150 countries around the world.

The website also states that ”Moneygram is based in Denver, Colorado USA. It was started in 1988 and since then has emerged to become one of the world leaders in the electronic transfer of money around the world. Moneygram has developed top-end technological solutions for its business, which are highly secure and reliable.”

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