Month: July 2010

Parliament ceases to function, while HRCM calls on government to release MP Yameen

Parliamentary Speaker Abdulla Shahid this morning cancelled parliamentary sittings until the government releases MP Abdulla Yameen from MNDF “protection” on ‘Aarah’, the presidential retreat.

The Human Rights Commission of the Maldives (HRCM) has meanwhile issued a statement calling on the government to release Yameen from his ‘protection’ at Aarah.

“On July 15 the Maldives National Defense Force (MNDF) arrested Abdulla Yameen Abdul Gayoom, and since then it has been five days and he has not been presented to court,” HRCM said in a statement.

“He is held in custody against article number 49 of the constitution,” the commission claimed.

“Although he was isolated for his own protection, violating article 49 is unconstitutional, and therefore the HRCM calls on the government to follow the constitution and release Yameen immediately.”

The statement cited article number 48(D), which states that any person arrested should be brought before a judge to determine the validity of the detention period, and claimed that defence forces did not follow the article.

“We note that the defence forces have not attended the criminal court and have ignored the court’s order to summon Yameen to court,” the statement added.

The MNDF told parliament in a letter read out in yesterday Yameen was not being held pending criminal investigation, but for his own “protection” based on “secret” information received on July 15.

In its statement, HRCM claimed that “as the Maldives is a country which has a infant democracy, the people of the Maldives and the government should uphold the constitution and democratic principles.”

The commission said that to ensure people’s confidence in a democratic system of government, it was important to establish a culture that respected human rights, justice, and equality in Maldivian society.

The MNDF maintains Yameen was taken to the Presidential retreat for his own protection and on his request.

However in a phone call with Minivan News, Yameen, who is accused by the government of corruption and treason, claimed the MNDF took him to the retreat forcibly in an attempt to cool the situation in Male’.

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Sri Lankan police and military in battle against dengue

An Environmental Protection Unit has been established by the Sri Lankan police to assist in the country’s current dengue eradication campaign which is being conducted by the army and police.

Traders have been warned not to dump their garbage in front of their premises, says the Inspector General of Police Mahinda Balasuriya, and the police have already arrested over 300 persons who have flouted this order and taken them before courts.

Police have been deployed to provide security for public health inspectors to carry out house-to-house searches for mosquito breeding areas and take action against persons who contribute to the spread of dengue carrying mosquitoes.

Sri Lanka has officially reported around 25,000 dengue fever victims and over 150 dengue related deaths so far this year.

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US bank failed ‘to spot’ billions of Mexican drug money: Bloomberg

One of largest banks in the US, Wachovia Corporation, “admitted it didn’t do enough to spot illicit funds in handling $378.4 billion for Mexican-currency-exchange houses from 2004 to 2007,” reports Bloomberg writer Michael Smith.

USA and Europe’s biggest banks and financial institutions are handling money from the Mexican drug cartels which export hundreds of tons of cocaine, heroin, marijuana and methamphetamines into the US, in a business generating US$39 billion a year.

Banks and institutions involved in handling the money include Bank of America, Wachovia Corporation (now owned by Wells Fargo & Co.), American Express Bank, Western Union, London-based HSBC Holdings Plc, and Mexican units of Banco Santander SA, Citigroup Inc. and HSBC.

“Since 2006, more than 22,000 people have been killed in drug-related battles that have raged mostly along the 2,000-mile (3,200-kilometer) border that Mexico shares with the U.S.,” writes Smith. “In the Mexican city of Ciudad Juarez, just across the border from El Paso, Texas, 700 people had been murdered this year as of mid-June.”

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US Assistant Secretary Robert Blake to mediate Maldives deadlock

Former US Ambassador to Sri Lanka and the Maldives Robert Blake, now the Assistant Secretary of State for South and Central Asian Affairs, arrives in the Maldives on Thursday to mediate talks between political parties.

Current US Ambassador Patricia Butenis has already hosted talks between the deadlocked executive and leaders of the opposition-majority parliament.

While in the Maldives, Blake will meet government officials, opposition parties, civil society representatives, anti-trafficking activists, and religious leaders.

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Europe’s Fear of the Burqa: Speigel Online

“Many believe that those who hide their faces are rejecting Western values along with integration and participation in the society in which they live. And, worst of all, those who hide their faces reject Europe’s most precious birthright: Respect for the individual,” write Juliane von Mittelstaedt and Stefan Simons in German news website Speigel Online.

A clear majority of Germans, French, Spanish and British all support a ban on face covering burquas. However, most Americans however would reject such a ban, according to a survey by the Pew Research Center’s Global Attitudes Project, based in Washington.

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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).

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