Month: August 2010

Ramazan begins on Wednesday

Tomorrow is the first day of Ramazan and will begin the month of fasting, with Muslims abstaining from eating, drinking and sexual activity from dawn until sunset.

During Ramazan, Muslims ask forgiveness for past sins, pray for guidance and help in refraining from everyday evils, and try to purify themselves through self-restraint and good deeds.

The date is derived each year from phases of the moon, moving backwards an average of 10 days every year.

“Today the sun will set at 6.21pm and the moon will set 12 minutes later at 6.33pm. On average for all islands of Maldives, the moon will set 14 minutes after the sunset. However, as the sunsets the moon will also be vertically at the same level, thus the chances of moon being visible are very small,” reported Haveeru.

A ceremony was held at the Ministry of Islamic Affairs to announce this year’s Ramazan.

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Constitutional disaster averted as Parliament approves Supreme Court

The Maldives has appointed a new Supreme Court and narrowly averted constitutional catastrophe, after a series of parliamentary sessions today demonstrated remarkable and uncharacteristic cooperation between the two major parties.

Chief Justice Ahmed Faiz took the oath of office this evening in a ceremony at the President’s Office, and then administered the oath to five of the other appointed judges. The sixth, Muthasim Adnan, was out out of country.

Earlier this week a surge in political partisanship, caused by disagreement over the interim period set out in the Constitution and the locking of the Supreme Court by the military, had threatened to derail the process and leave the Maldives without its highest judicial authority.

On Tuesday morning parliament approved the amended judges bill 71 in favour, out of 73 members present. It was quickly ratified by President Nasheed shortly after lunchtime.

The new Judges Act enshrines judicial independence, governing ethical standards and rules on appointment and dismissal, as well as powers, responsibilities and practicalities such as salaries and allowances. The law also requires serving judges to meet a certain standards within seven years, or face dismissal.

“This law goes a long way to filling the constitutional void the country has been in since Sunday,” said the President’s Press Secretary, Mohamed Zuhair.

Dhivehi Rayyithunge Party (DRP) Deputy Leader MP Ali Waheed meanwhile resigned from the from the parliamentary committee on independent state bodies, after voting against his party.

“Ali Waheed voted in the committee against the party’s decision. I am saddened because Ali Waheed resigned after breaking the three-line whip and I condemn his action,” DRP MP Ahmed Mahloof told newspaper Haveeru. Mahlouf has been nominated to replace Waheed on the committee.

A night of relief

That evening, after committee deliberations, the chamber unanimously approved the Supreme Court bench nominated by President Nasheed following rapid consultation with the Judicial Services Commission (JSC), who, down to just six members present, narrowly made quorum.

The new seven-member Supreme Court bench consists of: Former Chief Justice Abdullah Saeed, interim Supreme Court Judge Sheikh Abdullah Areef, Ahmed Muthasim Adnan, Counsellor General of Parliament Dr Ahmed Abdullah Didi, and High Court Judges Ali Hameed Mohamed and Mohamed Abdullah.

Parliament also approved the president’s original nomination for Chief Justice, Ahmed Faiz Hussain.

The President’s member on the Judicial Services Commission (JSC), Aishath Velezinee, described Faiz as “a well-respected man amongst the judges. I have never heard anybody question his independence or impartiality. He is a learned man and amongst all the politicking and hanky-panky going on, he has maintained his integrity.”

A senior government source said while the government was “not happy with every member of the [Supreme Court] bench, the President decided to bank a win. The mood is not one of jubilation, but of relief.”

Speaking to Minivan News after the vote, Velezinee said it was “a relief that we have passed through a moment which could have become really bad had the political parties not worked together and showed strength and goodwill towards the nation.”

“I hope that we will be able to reevaluate all the judges, including the reappointees. I haven’t read the documents yet, but I believe it is possible. However today is a day of relief as we begin the holy fasting month of Ramazan, after which we will get back to work improving the judiciary.”

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Customs seizes shipment of 260 toy guns

Maldives Customs Service last night seized 260 toy guns and handed them over to the Maldives National Defence Force (MNDF) for investigation.

Spokesperson for the Maldives Customs Service Ismail Nashid said the shipment was imported to the Maldives from Thailand and the items were classified as toys.

“We are trying to determine whether these guns could potentially be used for other purposes, even though they have been shipped as ‘toys’,’’ said Nashid. ‘’After the investigation sn concluded we will hold a joint press meeting with the media and reveal details.”

The ship was a commercial cargo ship, which was loaded in Thailand, he said.

He said the guns were now under the observation MNDF.

Spokesperson for MNDF Major Abdul Raheem said MNDF had determined that the guns were toys.

“We are yet to find out how dangerous these guns are and in what other ways they could be used,’’ said Abdul Raheem. ‘’We can only provide information about the case after the investigation is concluded.’’

Maldives Customs recently intercepted five three-foot double-edged swords inside a container imported to Maldives from China.

Spokesperson for Maldives Ports Limited (MPL), Hassan Muzni Mohamed, said the swords were discovered during an inspection by customs officers.

The ship that carried the container, ‘MOL KOMATI’, was loaded in China and stopped at a port in Singapore prior arriving in the Maldives.

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50 foot dead whale found near Thaa Atoll

A 50 foot long dead whale has been discovered by Maldives National Defence Force MNDF Coast Guard, near Thaa Atoll while it was drifting on the ocean inwards to the Atoll.

Major Abdul Raheem said the whale was first found by a fishing boat and reported to the MNDF.

”when we reached the area, the whale was drifting towards an island in Thaa Atoll,” said Abdul Raheem. ”if the whale was left drifting, there was the possibility that it reaches the island and that could be a very big trouble for the islanders.”

Raheem said the MNDF tied the whale and drifted it away from the atoll to an area that would not move towards any atoll.

”for health impacts that may rise when a dead whale drifts to an island, we moved it away,” he said. ”it cannot be moved away easily after it drifts to any island.”

The whale was drifted away from the Maldivian islands by a joint operation conducted with the Police, Maldives National Defence Force MNDF and a fishing boat.

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Government can’t restrict judges from entering Supreme Court: lawyer Shaheen Hameed

Prominent lawyer Shaheen Hameed has said that the government did not have the authority to restrict judges of the Supreme Court from entering the court, reported radio station SunFM.

Shaheen Hameed is the nephew of former President Gayoom, and has represented current President Mohamed Nasheed when he was arrested by the former administration.

SunFM reported that Shaheen claimed he had lately noticed the armed forces and power of executive attempting to work beyond the laws.

Moreover, Shaheen Hameed claimed the government was influencing the juducial system, an institution stated as independent in the constitution of the Maldives, and that the attempt was “against the spirit of the constitution.”

The government contends that the Supreme Court and the interim judges ceased to have legitimacy on conclusion of the transitional period last Saturday, with the annulment of Chapter 14 governing transitional matters, and has urged parliament to legislate the appointment of a new Supreme Court as a matter of urgency.

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Woman alleges senior police officer sexually abused her inside police car

A woman has filed a case at police headquarters alleging she was sexually abused last Thursday by a group of people, including a chief inspector.

Sub-Inspector Ahmed Shiyam confirmed the case had been filed and that police were now investigating the matter.

“The person accused denies the charges,” he said. “She alleged there was also a police chief inspector included in the group she claimed had sexually abused her.”

He declined to give further information on the case, saying police would disclose more information once the investigation was concluded.

A close friend of the alleged victim told Minivan News the incident occurred near Seahouse restaurant in Henveiru.

“She would not be older than 22 years, she was friends with the police inspector,’’ he said. “According to what she told me, she was partying with a group of four police officers, including a senior inspector, and they were all drunk.’’

He alleged that the incident occurred inside a police car.

“She said they threw her onto the street after sexually abusing her,’’ he said.

Meanwhile, local newspaper Haveeru reported that a group of people had burned the motorbike of the police inspector in an arson attack.

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Group destroys door of DQP head office

A group of people have destroyed the door of the head office belonging to minor opposition Dhivehi Qaumee Party (DQP) in an apparent attempt to break in, reported the DQP on its official website.

The website reported that it was the third attack such on the DQP headoffice, and that the party had reported the matter to concerned authorities, however the authorities were yet unable to determine the attackers.

Last time the attackers broke into the office, damaged property and fled with some of the documents and office equipment, the party said.

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Bill on judges scheduled for parliament today

The controversial bill on judges is scheduled for today’s session in parliament. The committee stage of the bill will conclude and the presented to parliament chamber for the MPs to debate.

The Maldives National Defence Force (MNDF) has meanwhile locked the Supreme Court and is barring entry to the judges, despite handing over the Supreme Court key to the Chief Justice as per a court ruling by the Civil Court on Sunday.

The case was presented to the court by the Prosecutor General requesting that the Supreme Court’s key should be returned to court staff. The MNDF is continuing the blockade despite pragmatic adherence to the legal technicality of handing over the key.

The opposition has claimed the interim Supreme Court should continue to function until the appointment of a new Supreme Court, as per article 284 of the Constitution in Chapter 14, which governs the transitional period.

Earlier in year the Supreme Court judges sent a letter to the president, declaring that they had ruled themselves permanent.

The judges of all courts, who met requirements approved by the Judicial Service Commission (JSC), have meanwhile taken oaths for 70 years despite many having criminal convictions, limited qualifications, and in many cases, primary-school level education.

The government contends that the interim Supreme Court no longer exists on conclusion of the interim period, as Chapter 14 is now annulled. The deadlock worsened considerably on conclusion of the interim period, as the constitution was one of the few areas on which both sides of the political sphere agreed.

Meanwhile, Maldivian Democratic Party (MDP) parliamentary group leader and MP ‘Reeco’ Moosa Manik has told local newspaper ‘Miadhu’ that the parliament will today conclude the work on the law on judges, reestablish the Supreme Court and appoint the Chef Justice according to the constitution, before midnight.

Opposition Dhivehi Rayyithunge Party (DRP) Deputy Leader Ali Waheed told newspaper Miadhu that the party would being street demonstrations if today’s session did not continue, accusing the MDP of  obstructing the sessions.

Attorney General Husnu Suood resigned on Sunday claiming his job was untenable due to the constitutional void created by parliament’s failure to legislate and cancellation of critical sessions. He also called on the Speaker of the parliament Abdulla Shahid to share responsibility for the situation and also resign.

Parliament had promised to complete necessary legislation in a special session on Saturday, but this was cancelled by the speaker.

Reports this morning suggested the session was proceeding cautiously.

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Criminal Court fines former Lale principal Rf 200 (US$14) for assaulting children

The Criminal Court has found former principal of Lale Youth International School, Turkish national Serkan Akar, guilty of assaulting children and sentenced him to pay a Rf200 (US$14) fine.

Serkan had denied the charges against him, which included strangling and whipping a child with a belt during an incident last Ramazan.

A report from the Human Rights Commission of the Maldives (HRCM) released in June found that students at the school had been “physically and psychologically abused, discriminated against and bullied,” recommending “that police should investigate the physical and psychological abuse going on at the school as an urgent concern,” and “separate those suspected of physical abuse from the school’s students until the police investigation is concluded.”

A source at HRCM told Minivan News today that “as far as we’re concerned, [Serkan’s Rf200 fine] is ridiculous.”

“This sentence gives people a reason to take justice into their own hands. Why even bother to go to the courts?” the source said.

“This case was supposed to create a precedent for the future protection of children in this country. This is not the precedent we were looking for. We not sure of how to follow through – perhaps request deportation, or at least notify the Turkish government.”

The source added that there was little further that HRCM could do, because with the constitutional turmoil and doubt about the institution’s validity after parliament failed to legilsate for its continuity after the interim period, “we don’t even know if we are supposed to be going to work.”

“There are all these important issues we’re supposed to be working on, such as cases of people who don’t have access to water because their landlords have blocked the water meter even though they are paying rent. There’s nothing the water company can do so people have to come to us. But it’s questionable whether anything we do now has legal [legitimacy].”

Deputy Prosectutor General Hussain Shameem said that the Rf200 sentence ruled by the judge was legitimate under the current penal code, which was originally drafted in 1968 and apparently not reflective of inflation.

“Under the penal code the judge had four sentencing options: up to six months banishment, imprisonment or house arrest, or the fine of Rf 200,” Shameem stated.

“We cannot say that the sentence is unjust, because this is a punishment prescribed in law. But I want to say that the judge had three other options, but chose to fine. Rhe defendant probably had mitigating factors, such as no prior criminal record [in the Maldives].”

Minivan News understands that a revision of the penal code is currently before parliament, but has remained so for four years. Parliament has scheduled 29 sessions to examine the bill, and but all except three have been cancelled or failed to make quorum.

Trying to ascertain which judge issued the sentence, Minivan News phoned the mobile number of the spokesperson for the Criminal Court, Ahmed Riffath, but the person who answered the phone claimed to be someone else.

The Criminal Court’s front desk confirmed the number belonged to Riffath, and that he was the court’s only authorised spokesperson.

Shameen said he did not know which judge actually heard the case, “but [Chief Judge of the Criminal Court] Abdulla Mohamed was on the schedule.”

Abdulla Mohamed did not answer when Minivan News attempted to contact him.

“Our concern was that we wanted to get some incarceration because the victims were children,” Shameem said.

As for deportation, such matters were not part of the court sentencing, Shameem noted, but were rather the prerogative of the administration.

“The immigration chief has the power to deport any person alleged of an offence,” he said.

Serkan has already attempted to flee the country twice after HRCM’s preliminary investigation revealed a past systemic use of corporal punishment, questionable standards of education and suspect teaching qualifications among Turkish staff at the school, but his passport was confiscated at immigration.

Minivan News originally reported incidents of children being violently abused by senior staff in the the school in January, after a parent spoke about the abuse her 13 year old son was suffering.

“He would come home and tell me about the beatings. He told me it depended how angry the principal was – sometimes a leather belt was used,” she said.

“[The violence] has only been towards the boys, but they have done it in front of the girls as well. Just recently a pupil was held by the neck and put up against the wall. Many pupils went home and told their parents they were so scared they nearly wet themselves,” a parent told Minivan News.

Following the allegations the deputy principal at the time, Guvanchmyrat Hezretov, fled the Maldives to be replaced by another Turkish national, Suleiman Atayev.

Atayev and a Turkish teacher fled the country in July, after the pair were also implicated as suspects in the assault case facing Akar.

In May, Minivan News reported concerns raised by parents and members of staff that the school was being operated as a front for a Turkish tax racket whereby businesses in Turkey would evade taxes through charitable giving to institutions in tax-friendly locations such as Male’, and then retrieve these these funds through escalated salaries paid to selected Turkish staff. Minivan News also reported concerns regarding inflated visa quotas for teaching staff, and phantom teachers on the payroll.

In June, HRCM released its report, recommending that the Education Ministry terminate its contract with Maldives-registered company Biz Atoll Pvt Ltd to manage Lale Youth International School, “and hand over management as soon as possible to a qualified party.”

The matter was being reviewed by the Attorney General, prior to his resignation yesterday.

Download the HRCM investigation report (Dhivehi)

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