Day: July 20, 2010

Nazim and MDP MP Musthafa arrested for bribery, released by court

The Criminal Court today ordered the release of ruling Maldivian Democratic Party (MDP) MP Mohamed Musthafa and Deputy Speaker Ahmed Nazim of the opposition People’s Alliance, who were arrested in the early hours of the morning on suspicion of bribing MPs and a civil court judge.

Chief Judge Abdulla Mohamed ruled that there were no reasonable grounds to grant an extension of the MPs’ detention based on the evidence presented by police.

“Both of them were arrested last night on charges of bribing a civil court judge. According to the information we have, they offered US$6,000 and a two-way ticket for a trip abroad, and exerted influence on a civil court case,” said the police lawyer in court today.

“If they were released from detention, it could potentially obstruct the investigation of the case and we therefore request [authorisation] to to keep them in police custody.”

Police obtained a recording of a conversation on July 18 that implicated both MPs in the alleged crime.

Dhiggaru MP Nazim, also the Deputy Speaker of Parliament, has been under house arrest after being charged with bribery, attempting to influence independent commissions and plotting to physically harm political opponents.

“It is just the onset of the investigation and there is a wide opportunity for them to destroy evidence if they were released, and we still have more to find out,” the police attorney continued. “We note that this is the third such case against Nazim.”

As the crime was “sinister” in nature, he added, the MPs’ release could “disrupt the peace and harmony of the nation” and pose dangers to the society.

Asked by Nazim’s defence attorney Mohamed Saleem for details of the allegations of bribery in parliament, the lawyer replied that the information could not be disclosed at the current stage of the investigation.

In his turn, Saleem accused police of “abusing” the rights of the MPs.

“Police showed no respect at Nazim’s residence, used force, tore down the door of Nazim’s house and broke using force and weapons and disrupted the peace,” he claimed.

Saleem presented the court CCTV footage of the arrest, which reportedly lasted over half an hour when Nazim refused to cooperate with police.

The judge asked police who granted them “authority to destroy people’s property”, the police lawyer replied that it was “only to reach Nazim”.

Reprimanding the police, Judge Abdullah Mohamed said the arrest warrant did not authorise police to destroy private property.

Police informed local media early on Monday morning that despite the arrest warrant issued after midnight last night, Nazim had refused to either answer his phone or reply to a text message requesting his cooperation.

Saleem said a recent Supreme Court verdict declaring the arrests of MPs Abdulla Yameen and Gasim Ibrahim illegal should be considered as precedent in this case.

Requesting a ruling to hold police in contempt of court for violating the constitution, he added that police were ignoring the Supreme Court verdict.

Media present at the court, including Minivan News, observed that Television Maldives (TVM) was denied access to the court chamber. On Saturday night the station aired damning claims by police officials that the criminal court was regularly obstructing their investigations of “large and serious” crimes, and evidence presented to judges was being leaked to defense lawyers.

Sub-Inspector Ahmed Shiyam confirmed that Nazim and Musthafa had been released from custody, and stated that police would continue to investigate the two MPs over the corruption allegations and hoped “to finalise the investigation quickly.”

“Sacrificed”

Addressing the judge, MP Mustafa claimed that police had violated numerous articles of the constitution as well as the chapter of rights and freedoms in his arrest.

The ruling party MP said the government had “sacrificed” him to justify its investigation of MPs to the international community.

“Don’t think that you also won’t be sacrificed one day,” said Mustafa, pointing at police. “I was one of the men who sacrificed their life to bring this government to power, but last night they sent police squads and abused me physically and psychologically.’’

Musthafa spoke vocally against corruption of the judiciary over a loudspeaker during the first gathering of the ongoing ‘People’s Court’ protests by the MDP, held earlier this week.

Parliament today

Both MPs were meanwhile escorted to today’s sitting of parliament, which was cancelled due to the controversial detention of Mulaku MP Abdulla Yameen, who remains under Maldives National Defence Force (MNDF) ‘protective custody’.

Raising a point of order shortly after today’s sitting began, Musthafa demanded to know whether Speaker Abdulla Shahid was informed before he was “arrested and taken by a 25, 30-man military force that entered my house in their [military] boots last night at 2.45am.”

“The charges against me are that I conspired to bribe MPs and I am suspected of bribing judges of the court,” he continued. “And it’s also suspected that, asked by former President Maumoon Abdul Gayoom, I tried to bribe the President, Speaker of Parliament and the Chief Justice, these three people. So I want to know: did I talk to the Honourable Speaker to offer you a bribe? Then I want to clarify with the President – did I plan to bribe him? Then I want to question Maumoon Abdul Gayoom, did you ask me to bribe the three powers?”

Shahid answered that the Commissioner of Police Ahmed Faseeh informed him by telephone after midnight of the impending arrests, adding that he requested arrangements to be made to escort the detained MPs to parliament in the morning in accordance with articles 202 through 205 of the Majlis rules of procedure.

Responding to criticism that the Speaker should have instigated an internal investigation in the wake of the corruption allegations, Shahid said the parliament, as an institution where decisions are made politically, should not become involved in a criminal justice matter.

In subsequent outbursts, Musthafa claimed that police had put in solitary confinement and “physically and psychologically” harmed him.

“It is your [Speaker Shahid’s] responsibility to look into this,” he said. “I am under arrest and said to have bribed the three powers of state. It is your responsibility to clarify this. Abdullah Yameen isn’t the only person isn’t this Majlis. We can take solitary confinement, it is you who can’t endure it.”

Responding to Musthafa’s question as to why he was placed in solitary confinement while Yameen was taken to presidential retreat Aarah, Shahid said “it wasn’t the Speaker of Parliament who did that.”

On the detention of MPs, said Shahid, the Speaker was required to submit the case to the parliamentary privileges commitee within 24 hours of the arrest and seek the committee’s counsel.

Reaction

The President’s Press Secretary Mohamed Zuhair would not comment specifically on Musthafa’s case, adding that it was a police matter, but said the government would do “everything in its power to expose corruption” regardless of political alignments.

“The President said following the resignation of cabinet that he was prepared to even investigate members of his own family in his efforts to eliminate corruption,” Zuhair said.

“[Musthafa’s arrest] I believe highlights the government’s intention to investigate parliament and the judiciary regardless of party politics.”

MDP Chairperson Mariya Didi said she was “really surprised” to hear of Musthafa’s arrest, but promised that the party would be indiscriminate when it came to purging corruption.

However Mariya said she was concerned about the executive’s ability to see cases to their conclusion through the current judiciary.

“People have lost faith in the system – it is no longer just about parliament,” she said. “The public are very annoyed at the judges as well – it is not enough for justice to be done, justice must be seen to be done.”

The public’s lack of faith in the court’s ability to rule fairly in cases concerning wealthy, established and powerful individuals had led people to “feel hopeless” about any resolution to the current crisis.

Law and order has to be kept, but the whole place is a mess,” she said. “These are not political opponents [on trial], this is Gayoom’s younger brother (Yameen), and people who were ministers in Gayoom’s regime of 30 years.

“This one and a half years has been quite rough, but we have not arrested our political opponents as many urged us to do. [MDP] lost the parliamentary elections and became unpopular because of that,” she said.

“I don’t know how the international community must see it – they probably see it in terms of the same sorts of laws and practices as they used to in the West. The fact that most of the judges were appointed during and even before Gayoom’s 30 year regim is very difficult for them to understand,” she added.

“It took the Western world a very long time to reach where they are, and it’s unfortunate that they seem to expect us to get there overnight.”

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Letter on corruption

Bismillahirahmani Raheem

Assalaamu Alaikum wa Rahmathullahiwa Barakhatu.

My name is Ben Abdul-Rahman Plewright. I am a graduate of political sciences from the University of Western Australia.

Though I am not a Maldivian, I feel compelled to refute the claim that the MDP are the ones who have suspended the newly founded Maldivian constitution. The truth of the matter, I here assert, is that it is the other way around.

Oh, and, what is my business interfering in your internal affairs, you may ask? Well, first of all, I am a Muslim, and I take seriously the Hadith that the Ummah is as one body, and the pain of one Muslim should be felt and alleviated by all other Muslims.

Second of all, I believe in what Martin Luther King said,:”Injustice anywhere is a threat to Justice everywhere…”

We are all profoundly interconnected. This is especially demonstrated in my situation since I am married to a beautiful Maldivian woman and I have two half Maldivian children and perhaps a third one on the way.

It was the since arrested parliamentarians and the corrupt judges who suspended the constitution initially by ignoring the separation of powers which must exist between the parliament and the judiciary.

The opposition broke the constitution down, Anni (President Mohammed Nasheed), the MNDF and the MDP Cabinet are struggling to mend the constitution within whatever means they can. He cannot do so strictly within the constitutional framwork as the opposition broke the constitutional framework down.

This move by the MDP and MNDF to eradicate those who disregard the constitution is necessary for the salvation of the long term effectiveness and sovereignty of the constitution. It is the salvation of liberal democracy in the Maldives.

One of the main aspects of the constitution is the independance of the judiciary. When a parliamentarian (Yamin or Nazim or any power-brokers within the parliament) control the judiciary, it is absolutely necessary that the judiciary and that any controlling parliamentarian be removed from power to preserve and restore the separation of power between the parliament and the judiciary (the legislature and the judiciary).

MDP are fighting for the integrity of the constitution, they are not suspending or violating the constitution, the constitution was already destroyed by the parliamentarians and judges who violated it, Anni is fixing it!

This move by MDP and MNDF is necessary for the salvation of the constitution and for the long term realization of democracy in the Maldives.

Please, Dr Shaheed, and anyone else who can, please deliver this truth to the international community so that they will support your struggle to save liberal democracy in the Maldives.

Long live the constitution, thank you MDP for fighting to save the constitution!

Ben Abdul-Rahman Plewright

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Comment: Maldives democracy must not go backward

The following article by Dr Hassan Saeed was originally published in UK newspaper The Guardian.

The British tourists who come to the Maldives’ beaches are unlikely to know about the Foreign Office’s warning this week to steer clear of large political gatherings.

But the country’s two-year-old government is in crisis. The resignation en masse of President Mohamed Nasheed’s cabinet at the end of June created a constitutional crisis, leaving the Maldives without a government for two weeks.

The president then unconstitutionally reappointed his cabinet without reference to parliament. Opposition MPs were arrested and only released after a prolonged appeal to the supreme court – after which the governing party called for demonstrations in an effort to make the judges change their mind.

Many Maldivians rejoiced in 2008 when the country held its first fully democratic presidential election following 30 years of suppression, torture and censorship under President Maumoon Abdul Gayoom. Nasheed came to power carrying the hopes of the nation with him that it could achieve full democracy.

This was followed a year ago by the first democratic elections to the parliament. I was a candidate in the first round of the presidential election, and the votes of my supporters decisively contributed to Nasheed’s majority in the second round.

In the same way that a democratic South Africa sent a signal to the world that Africa was changing, the Maldives sent a signal that the Muslim world was changing. Despite the difficulties democracy faces in places like Afghanistan, the Maldives were a powerful demonstration that such transition could be achieved peacefully. Most crucially this was delivered by Maldivians for Maldivians and not at the behest of American foreign policy.

That, too, sent an important message to many other Muslim countries debating their futures that peaceful campaigns to achieve democracy and human rights could work.

However, the Maldives is now again facing a serious challenge to our hard-won democracy less than two years after Nasheed came to power, because he did not win a parliamentary majority. The Maldives constitution establishes a clear separation of powers between president and parliament, but now Nasheed is attacking the right of parliament to effectively scrutinise the executive in a way that he would no doubt have similarly criticised his predecessor for.

The Maldives parliament should be allowed to do its job. It is debating important issues such as the foreign ownership of our international airport and seeking accountability from members of the president’s cabinet. However, we now see opposition MPs being arrested illegally, the army being deployed on the streets and unrest in the capital, Male’.

Nasheed is a former Amnesty International “prisoner of conscience” – yet he has threatened his own parliament and arrested MPs under laws that he himself opposed when he went through his own struggle.

The international community must now play a key role in supporting the right of the Maldives parliament to hold the executive to account. The European parliament has expressed concern about the situation and it has required the intervention of the Sri Lankan president, Mahinda Rajapakse, to bring the two sides together.

William Hague, the British foreign secretary, should intervene: the Maldives are a former British protectorate and last year over 100,000 Britons visited the islands, making Britain the country’s largest tourist market. Nasheed is very close to the Conservative party and was the international guest speaker at their conference last year. The Conservatives have provided him with support in the past, including training activists from his party.

In order to secure continued respect for the president’s role, Nasheed needs to demonstrate full respect for the Maldives’ other institutions. This is the only way to honour the struggle for democracy to which many believed the president had been totally committed.

Two years ago, some in the international community hailed Nasheed as the Mandela of the Maldives because of the way in which he forgave his predecessor, who had tortured and imprisoned him. The tragedy for the Maldives, and for the wider Muslim world, would be for him to take the country backwards to Gayoom’s time.

Dr Hassan Saeed is a former Attorney General and Presidential candidate. He is currently the leader of the opposition-aligned Dhivehi Qaumee Party (DQP).

Original link

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26 children benefit from Rf265,000 raised by Tiny Hearts of Maldives

Tiny Hearts of Maldives, a local NGO, has raised Rf265,000 to help 26 children with Congenital Heart Disease.

Over 100 celebrities, including male and female presenters, actors, and vocalists participated in the “Save a Tiny Heart” campaign, reports Haveeru.

“The surgery costs US$3500-7000, some parents are unable to do the surgery for their kids even when they reach four years of age, despite hard work. Our objective was to encourage them by giving some support,” said Tiny Hearts member Fiunaz Waheed during a ceremony at the Holiday Inn Male.

Maldives needs foetal echo scanning equipment to identify this disease, said paediatrician Dr Fathimath Niyasha at the ceremony.

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US$90 million solar power project for Thaa and Laamu atolls

A US$90 million (Rf1.2 billion) project agreement to provide solar powered electricity to the Upper South Province of Maldives (Thaa and Laamu atolls) has been signed by Upper South Utilities Limited with BBM Infra Limited of India.

The 24 mega watt solar power facility will be built by BBM in association with two Chinese companies to provide electricity to all islands of Upper South Province .

The project should commence within 2-3 months, says the managing director of Upper South Utilities Limited Ahmed Saeed Mohamed, and would reduce the cost of electricity by 20 percent.

BBM Infra Ltd is part of the BBM Bommidala Group, based on the tobacco trade. BBM Infra, the newest company in this group, is expanding into solar power, construction machinery, and highway projects.

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Government investigates accused MPs’ “dark and evil schemes”, while UK issues travel advisory

The British Foreign and Commonwealth Office (FCO) has issued a travel warning for the Maldives following recent political turmoil in the country, urging caution around “large political gatherings”, while debate on the political deadlock has spread to the House of Lords in the UK Parliament.

During Question Time, the UK Labour Party’s Lord Foulkes expressed “disappointment that President Nasheed seems to be reverting to the bad habits of his predecessor”, following the detention of People’s Alliance (PA) MP Abdulla Yameen, and urged the government to pressure the Maldives to restore “democratic freedoms”.

Conservative Lord Howell, also State Minister for the FCO, responded that the government was “pursuing full encouragement through our high commission in Colombo and other means to ensure that democratic development continues.”

Nasheed’s restoration of his cabinet ministers was “a step forward”, Howell promised.

Conservative Lord Naseby pointed out that the Maldives “is no longer a protectorate of the United Kingdom… and that being the situation, what role do we have at all to interfere in what is in fact the Maldivian exercise of democracy as they interpret it?”

Yameen meanwhile remains in MNDF custody on the Presidential Retreat ‘Aarah’, although appears free to communicate with the media given that Minivan News was able to contact him yesterday.

The Maldives National Defence Force (MNDF) – and the government – insist that the MP and high-profile businessman is under ‘protective’ custody after demonstrations outside his home last week turned violent.

Yameen has told local media he does not wish to be detained in ‘protective’ custody. The MNDF have also refused to present him before the court on a court order, raising some international eyebrows.

The President’s Press Secretary Mohamed Zuhair stuck to that story, insisting Yameen was being “protected” rather than “detained”.

Zuhair also claimed Yameen’s custodial protection was not unconstitutional, as the opposition has claimed, although Minivan News is still awaiting clarification from government lawyers as to how this is so.

“The MNDF is working absolutely within the constitution,” Zuhair said. “Yameen is being held by the MNDF, not the government. If Yameen is concerned about this he will be able to challenge it in court.”

“Dark and evil schemes”

Beyond the debate over Yameen’s detention, and recent court cases concerning the legality of his arrest along with that of Jumhoree Party (JP) leader Gasim Ibrahim, Zuhair said that given the severity of the allegations against them, neither could be considered prisoners of conscience.

“I cannot describe these people as political leaders – they are accused of high crimes and plots against the state,” Zuhair said.

“These MPs are two individuals of high net worth – tycoons with vested interests,” he explained. “In pursuing their business interests they became enormously rich during the previous regime, and now they are trying to use their ill-gotten gains to bribe members in the Majlis and judiciary to keep themselves in power and above the fray.”

“They were up to all sorts of dark and evil schemes,” Zuhair alleged. “There were plans afoot to topple the government illegally before the interim period was over.”

Zuhair explained that the government felt obliged to take action after six MDP MPs came forward with statements alleging Yameen and Gasim had attempted to bribe them to vote against the government.

The opposition PA-DRP coalition already has a small voting majority, with the addition of supportive independent MPs, however certain votes require a two-thirds majority of the 77 member chamber – such as a no-confidence motion to impeach the president or vice-president.

“In one incident early on in this administration, following the President’s return from Italy, they set up a telephone and a video camera in a committee room in parliament, brought a judge to sit in, and then tried to get two members of the president’s delegation swear on the Qur’an under oath that the President was drinking alcohol,” Zuhair observed.

The privatisation of Male’ International airport had clashed with the vested interests of the accused MPs, Zuhair claimed, sparking the current political debacle.

“Gasim was concerned the new airport might take the charter flights he had intended would be landing at the new airport he is building in Maamagilli,” Zuhair alleged, “while Yameen is a third party supplier of fuel at Male International Airport through the Maldives National Oil Company, which has representation in Singapore.”

The fuel trade is the most immediately lucrative part of the airport deal, Minivan News understands, and is a key reason behind both GMR’s interest and the government’s decision to award the contract to the Indian infrastructure giant. GMR has told Minivan News it will amalgamate the trade under one umbrella, a decision that will likely affect current third party suppliers.

Meanwhile Opposition DQP leader Hassan Saeed, who opposed the airport privatisation and is currently lobbying in the UK for international support for Yameen’s release, “is receiving huge legal fees from both Yameen and Gasim,” Zuhair claimed.

NGOs speak

A coalition of NGOs including Madulu, the Maldivian Democracy Network, Huvadhoo Aid, Transparency Maldives, Maldives Youth Action Network, HAND and Democracy House, meanwhile issued a statement “categorically denouncing the undemocratic actions of the three Powers of the State, at a time when democracy is in its infant stages in the Maldives.”

“We believe recent political and civil unrest is a consequence of these three arms of the State disregarding the spirit of the Maldivian Constitution,” the NGOs said. “We believe a culture of manipulation of the law to infringe upon the rights of one another has developed and that the three arms of the State have failed to give each other due respect.”

“It is not responsible on the part of the parliament, that they should pass laws that undermine the powers of the executive.

“It is unacceptable that the executive, should use its powers to harass and deter the functioning of the parliament, to disrepute the judiciary and to try to exert undue influence on the judicial system.

“The lack of consistency in the rulings of the courts, and actions which undermine the trust of the people in the judicial system are contrary to the high standards which are expected of Judges. We call upon the judiciary to work to restore the people’s faith in the judicial system.

The NGOs added that “other concerned State institutions” have also failed to “give due regard to the situation” and have acted irresponsibly.

The coalition also urged political parties to refrain from bringing violence to the streets, but condemned the security forces “for stepping outside the boundaries of the law with regards to arrest and detention” and the recent distribution of private telephone conversations by the media containing implications of corruption behaviour among MPs.

Between a rock and the Maldives

The government well aware of its status as international darling on climate change, but Nasheed appears willing to risk international censure for the sake of isolating Yameen while the state accumulates evidence in the background. Police were preparing to “make a splash” on the subject, Zuhair hinted.

However even if this evidence is obtained, demands from the international community – and opposition – that the government respect the rule of law and the judicial system, mean the government is faced with the new problem of legitimising its case against the businessmen and opposition leaders, now that allegations of obstruction have been levelled at the judiciary – including, yesterday, from the police themselves.

The government has been urging public respect for the judicial system – and the President’s Political Advisor Hassan Afeef has stated that the government will abide by any rulings from the Supreme Court.

The Judicial Services Commission (JSC), tasked with reforming the judicial system, has three sitting judges as members and vested interests, according to the President’s outspoken member on the commission, Aishath Velezinee.

“Of the 207 of the judges currently in office, 39 have degrees or higher. Some left school before grade seven, meaning they haven’t completed primary school,” Velezinee noted.

In addition there are seven sitting judges found guilty of a criminal breach of trust; five with allegations of a criminal breach of trust; two being prosecuted for an alleged breach of trust; one on trial for sexual misconduct; two have been found guilty of sexual misconduct; one was found guilty for an offence which had a prescribed punishment in Islam; and another who has both been accused of a criminal breach of trust, and found guilty of sexual misconduct – a total of 19 with documented criminal history.

Behind the scenes the executive is racing to nominate new judges before the interim period concludes on August 7, when sitting judges are granted automatic tenure.

However nominations for any new judges will have to be approved by the Majlis, which was cancelled this morning on points of order that developed into a scuffle outside.

“[The MPs] are trying to derail the process,” suggested Zuhair. “They are also panicking because they have no way of knowing who is going to be [implicated] by these corruption charges.”

As for tourists reading the today’s travel advisory urging caution in the capital, Zuhair observed that they “should be happier to know the top dollars they are paying are not being used for corrupt purposes.”

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