Month: August 2010

Citizen’s rights “crushed under foot”, Dr Saeed tells UK Law Society

Leader of the Dhivehi Qaumee Party (DQP) Dr Hassan Saeed has called on the UK-based Law Society to lead a mission to the Maldives to assess the erosion of the rule of law, in an interview with the organisation’s publication The Law Society Gazette.

Dr Saeed told the Society that President Mohamed Nasheed, “a former political prisoner dubbed the Maldives ‘Nelson Mandela’”, was dismantling the 2008 Constitution and trying to “crush citizens’ rights under foot”.

President Nasheed was establishing his own “public courts” to replace independent courts, the Society reported Dr Saeed as claiming, while “courts are suspended” and “judges assaulted.”

In the article, the Society’s president Linda Lee urged the Maldives authorities “to uphold and protect key constitutional principles.”

Minivan News contacted the DQP seeking clarification of the claims.

Regarding the assaults on judges, the party’s Secretary General Abdulla Ameen noted that following a ruling in a case concerning Juhmoree Party MP Gasim Ibrahim by Chief Judge of the Criminal Court Abdulla Mohamed, “a lot of people went outside [the judge’s] house and physically threatened him, and set his motorcycle on fire.”

Concerning the suspension of courts, “the government has created a culture of fear among the judiciary, and they have had to cancel sessions and hold emergency meetings because of the increase in tension.”

The government had breached the rights of individuals “by arresting people without warrants,” Ameen said, referring to the recent detention of People’s Alliance MP Abdulla Yameen on the Presidential Retreat of Aarah following accusations of bribery and treason.

He also criticised the government for leaking audio tapes appearing to implicate MPs for corruption, “despite the Constitution clearly protecting private conversations between individuals.”

Ameen said Dr Saeed had requested the Law Society send an independent delegation to investigate the issues, “but if any other [institution] is interested we would also welcome it.”

The President’s member on the Judicial Services Commission Aishath Velezinee has also appealed for the UN Special Rapporteur on Independent Judiciary and the International Committee of Jurists (ICJ) to send mediators to the Maldives.

Foreign Minister Dr Ahmed Shaheed said Dr Saeed’s claims in the Law Society article were “totally out of orbit.”

“One has to wonder what he is talking about – look at his own track record serving under former President Maumoon Abdul Gayoom [as Attorney General]. We are clearly making steady progress,” Dr Shaheed said.

“Claiming that judges are being assaulted is very irresponsible. I’m not aware of any case where a judge has been assaulted, and in such an event there are domestic remedies available,” Dr Shaheed said.

Regarding Dr Saeed’s claim that courts were being suspended, “that’s outrageous. I’m not aware of a single time this has happened.”

“When a lawyer becomes a politician, they must continue to respect certain professional ethics as well,” he said.

“They are out to tarnish [President] Nasheed’s image, and they have taken issue with his awards and his description as South Asia’s ‘Nelson Mandela’,” Dr Shaheed said. “I think this is a case of the green-eyed monster.”

The request by the Law Society that the government respect the rule of law was “a standard expectation and we respect it.”

“The government is not disregarding the law,” he said. “Look at the behaviour of the other [arms of state]. Parliament is trying to usurp the powers of the executive, and the judiciary is behaving very questionably.”

Working in such an environment, Dr Shaheed said, the President had been called upon to make “some very difficult judgments, such as [the detention and release] of MP Abdulla Yameen.”

Dr Saeed recently led a DQP delegation to the UK to present the opposition coalition’s case to UK politicians and international institutions, employing a PR company to arrange interviews with several organisations, including The Law Society. The trip was jointly funded by the opposition parties, Minivan News was told at the time.

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Will Nasheed be able to compromise, asks Dr S Chandrasekharan

When the parliament session was suspended on August 2 to enable the MDP and the opposition to continue the talks to find a solution, the Speaker Abdulla Shahid called on all the members of the parliament to work in a spirit of compromise and cooperation, writes Dr S Chandrasekharan in the Eurasia Review.

“Cooperation and Compromise should have been the key, and both are missing in Maldives now. There is no doubt that the opposition could have been more accommodative.  One commentator went to the extent of calling the opposition as a bunch of “assorted kleptocrats, dodgy businessmen and friends of ex president Gayoom.”

“While this may not apply to all the opposition members (some are really good), there is some truth in this comment.  There are many ‘entrenched’ Gayoom’s men in all branches of the government who are suspected to be creating problems for the new government.

“It must have become clear now to President Nasheed that without the backing of his parliament, the civil servants and the judiciary,  he will not be able to implement his ambitious agenda and his promises to the people.

“He is a young President of integrity and in a hurry.  At the same time he has to sustain and get the young democracy take deep roots to ensure that authoritarianism never returns.  Will he be able to go for compromises?”

Read more

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Police confiscate weapons, arrest 59 suspected gang members

Police arrested 59 men and confiscated an assortment of weaponry, in a special operation yesterday to try and cut down on gang violence following gang-related six stabbings and a murder over the weekend.

A statement issued by police said that the 59 men were arrested “for the collection of information”, and noted that 15 were under the age of 18.

Police investigated two guest houses suspected of being used by the gangs, and discovered narcotics, weapons and items such as gloves and masks inside.

Police Sub-Inspector Ahmed Shiyam said that out of the arrested 59, 11 were released after questioning.

The Human Rights Commission of the Maldives yesterday issued a statement expressing concern over the rise in gang violence and called upon all the concerned authorities to take necessary measurements to curb the violence.

Last Thursday Maldives Customs officers discovered five 3-foot long swords inside a container unloaded from a cargo ship.

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No democracy without justice, claims Reeko Moosa

Police have the right to prevent any act violating the constitution, claimed Parliamentary group leader of the Maldivian Democratic Party (MDP) Moosa ‘Reeko’ Manik, following a police blockade of the Judicial Service Commission (JSC) yesterday morning.

The Police Integrity Commission (PIC) yesterday expressed concern over the police action against the JSC, following criticism of the commission’s intention to rush through the reappointment of 160 judges before the Constitutional deadline of August 7.

Speaking to an MDP rally today, Moosa declared that “if there is no justice, there is no need of democracy.’’

“The Constitution compels the executive to uphold the constitution, so police can stop any action that violates the constitution and can enter any place where such an action is going on,’’ he claimed.

”MDP’s parliamentary group is ready to pass the bill on judges and we have informed the [opposition] Dhivehi Rayyithunge Party (DRP) and the speaker of the parliament,” he added.

Police cordoned the Judicial Services Commission (JSC) on Monday morning, preventing its staff from working or entering the building, while the President’s Office summoned members of the judicial oversight body for questioning at an 11am meeting.

A statement from the Maldives Police Service (MPS) said the office was closed by police at the request of President Mohamed Nasheed, to prevent “unlawful and unconstitutional work from taking place.” Nasheed reportedly asked police to stand down following the meeting.

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President appoints heads of Maldives Inland Revenue Authority

President Mohamed Nasheed has appointed Yazeedh Mohamed as Commissioner General of Taxation, presenting letters of appointment at a function yesterday afternoon.

Hassan Zareer was appointed Deputy Commissioner General of Taxation.

Board members of the new tax authority, the Maldives Inland Revenue Authority (MIRA), are Abbas Adhil Riza, Hassan Waheed, Ahmed Mohamed, Aishth Lulua Hassan and Uz Hussain Siraj.

The President made the appointments as per Article 4(e) of Tax Administration Act.

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HRCM expresses concern over gang violence, calls on the parliament to expedite bills

The Human Rights Commission of the Maldives (HRCM) has expressed concern over growing gang violence in the wake of the stabbing murder of a 17 year-old last Friday, describing the surge in violence as an obstacle to people “obtaining the freedom and rights guaranteed them in the Constitution.”

“We are very concerned that murder with sharp objects, gang wars and other crimes are now being conducted publicly,’’ HRCM said in a statement.

“It is with regret that we note that it has reached a situation where it is difficult for the people to live a normal life, and has become an obstacle for people to obtain the freedom and rights guaranteed by the Constitution.”

The commission claimed that the issue caused trouble for institutions of the state and obstructed the duties of those institutions.

“The commission has recently expressed concern over the issue and repeatedly called on the concerned authorities to pave way for a peaceful society for eternity,’’ the Commission said. “We note that the release of people charged with perilous crimes such as murder has caused them to repeat the crimes and that the agencies responsible for implementation of sentences are not taking necessary measurements.’’

The commission called on the Home Ministry and the Department of Penitentiary and Rehabilitation Services (DPRS) to fulfill its duties and take action quickly.

“We call on the parliament to expedite necessary bills such as the bill on the penal code, the criminal procedure bill, the evidence bill, parole bill and the bill on prohibiting threatening and using sharp objects and dangerous weapons,’’ HRCM said.

“We also appeal everyone to conduct all actions bound by the laws and in accordance with Islamic principles and democracy.’’

Recent gang violence reported

Last Saturday, a 17 year-old boy was stabbed in the leg and died after more than eight hours of treatment at Indira Gandi Memorial Hospital IGMH, according to a person familiar with the matter. A total of six men were stabbed during over the weekend.

On May 3, two men on a motorbike stabbed a 16 year old child in front of two police officers on Ameenee Magu near Imadudeen School, before fleeing.

On May 10, NGOs held discussion meeting on the new drug bill, aimed at reducing the number of drug addicts and gang violence in the Maldives.

On May 31, daily newspaper Haveeru reported simultaneous outbursts of violence near Athama Palace and Maafaanu Stadium on May 29, while another third victim was stabbed outside Galolhu police station the following day.

A 14 year old boy was also stabbed eight times on May 28, the newspaper reported, after he was reportedly mistaken by a gang for somebody else.

On June 1, a squad of masked police officers during a special operation destroyed the outer wall of Galolhu Masodige, a house police believed was being used by gangs to gather and hide weapons.

On June 16, a group of more than 10 men beat and stabbed a 19 year old man in Male’ in front of many witnesses, as he was walking down a street in Mahchangolhi, Male’.

On June 20, a 16 year-old boy was stabbed by a group of four men. The men rode up on motorbikes as the victim was near Fen building on Ameenee Magu, a person familiar with the victim told Minivan News.

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Vice President calls for “concerted effort” to curb street violence

Vice President Dr Mohamed Waheed has called for a concerted effort to curb street violence, following recent incidents of gang fights and street violence in Malé.

Speaking at a ceremony held at Hulhumalé Hospital this afternoon to inaugurate the new intensive care unit (ICU) established at the hospital, Dr Waheed noted that a number of patients who required intensive critical care were those injured in street violence and other gang-linked fights.

Dr Waheed underscored the need to keep criminals and convicts in detention to reduce violence and gang fights, and said “significant improvements” had been made to prisons to increase security and space.

The ICU at Hulhumalé Hospital was established with the assistance from the government of Pakistan.

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Letter on treatment of visitors

Dear Sir

Wake up – this is no way to treat your visitors! As a regular visitor to your beautiful country, I feel it’s time to let you know what many international visitors to the Maldives feel about your poor airport service.

Should foreign visitors to the Maldives be treated to such poor service at the important time of arriving and leaving the country – especially when there are many other equally beautiful island countries around the world where they can spend their holidays?

Passport Control – here there are often long and unpleasant delays and queues on arrival. To make matters worse the guest has to go through the gauntlet of the impolite passport control staff. How difficult is it for them to offer a greeting to the guest as they arrive at the passport counter? “Good afternoon” – “thank you” – “goodbye…” It’s so easy and so simple. The passport control staff need a lesson in basic manners and why it is important for the benefit of their country that guests are treated with basic courtesy.

Food – There is a self-service cafeteria at the International Terminal – (apparently owned by a Maldivian – Mr Hassan Bagir), where there are no pricing notices and where a cup of coffee will cost the same as the most expensive cities in the world, London or Paris.

The service in this cafe is poor and unpleasant, and one has to ask for change! No wonder there were no Maldivians eating or drinking at the tables of this cafeteria – it’s only the ignorant foreigner who is foolish enough to order food and drinks here.

Souvenir shop – where the Hindi Film is so loud you cannot think clearly and the staff have no other interest than to watch the Hindi film. The badly displayed stock includes Sharks Heads (I thought Shark Fishing in Maldives is meant to be banned?)

Customs and immigration – It’s still unbelievable that visitors coming to the Maldives from somewhere like Sri Lanka or Thailand will have any Buddhist statues in their possession confiscated. This is crazy when you have an excellent museum in Male’ displaying Buddhist statues – representing a period of Maldives history!

I would like to suggest to the Airport Authorities and the Ministry of Tourism: Wake up, this is no way to treat your visitors!

I hear a new airport is going to be built in the Maldives – there is little point unless there is an understanding why customer service and basic manners are important in the competitive business of tourism.

Yours,
Concerned Visitor

All letters are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to submit a letter, please send it to [email protected]

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JSC member calls for open public inquiry into judicial reappointments

Police cordoned the Judicial Services Commission (JSC) on Monday morning, preventing its staff from working or entering the building, while the President’s Office summoned members of the judicial oversight body for questioning at an 11am meeting.

A statement from the Maldives Police Service (MPS) said the office was closed by police at the request of President Mohamed Nasheed, to prevent “unlawful and unconstitutional work from taking place.”

Police cited Article 115[a] of the Constitution, which concerns the powers of the President and reads that he “must faithfully implement the provisions of this Constitution and the law, and to promote compliance by organs of the State and by the people.”

Sub-Inspector Ahmed Shiyam said the President requested police investigate the institution after hearing reports that the JSC had been “open all night acting illegally.”

Speaking to Minivan News, Attorney General Husnu Suood said commission members, including  JSC head and Supreme Court Justice Mujthaz Fahmy, met President Mohamed Nasheed and explained that the commission was attempting to finalise work on the reappointment of 160 sitting judges before the Constitutional deadline of August 7.

A complaint that papers had been illegally removed from the premises had proven unfounded, Suood added, noting that following the meeting the President had asked police to remove the cordon.

“I think the present criteria for judges, as determined on July 27, is acceptable, subject to the 37 judges who have been identified as having criminal records,” Suood said.

The President’s member on the JSC, Aishath Velezinee, has submitted a complaint to Parliament’s Independent Commissions Committee (ICC) alleging that the “substandards” being used to grant life tenure to judges appointed under the former administration would “rob the country of an honest judiciary, as guaranteed under Article 285 of the Constitution.”

“Most [of the current judges] haven’t completed primary school,” she told Minivan News in a recent interview.

Suood said that “If there is evidence of corruption and political fixing of the judicial appointments, then I support the President’s actions [today].”

The Attorney General added that he was not convinced of the integrity of the current Supreme Court: “I do not trust it. I see certain incidents occurring that I am having to think about,” he said.

Velezinee has appealed to the Independent Commissions Committee (ICC) to issue an injunction preventing the reappointment of judges pending an investigation of the JSC.

Minivan News understands that a meeting between the JSC and the ICC today focused on the procedural functioning of the commission, and not the complaints made against it.

Prior to this meeting on Monday, staff at the commission confided that they were ordered into the commission on Sunday night and had been kept up working until 2:00am printing letters of reappointment for the judges, Velezinee explained.

A staff member from the Supreme Court was also observed to be directing proceedings, Velezinee alleged, claiming that this was a clear violation of the JSC’s independence.

“The first to be processed was Chief Judge of the Criminal Court, Abdulla Mohamed. He was convicted in 2000 for violating the Religious Unity Act and disobeying orders,” she claimed.

The JSC has argued that convictions for crimes under the former Constitution should not be a barrier for reappointment, and should instead be determined on a case-by-case basis.

“At the same time they are trying to restore the same culture that [issued those convictions],” Velezinee stated.

“Presenting the letters of reappointment is the final step [of the reappointments]. The judges have to first perform an oath-taking ceremony arranged by the Supreme Court at the instruction of the JSC, but none of the JSC staff know anything about this. The commission members are being very secretive,” Velezinee said.

She further accused commission members of ordering the tampering of evidence submitted to the ICC.

“Two days ago the Secretary General admitted to me that recordings of meetings were edited ‘for ease of use,'” she claimed, “and recordings were cut before being sent to the Majlis so they would fit on one CD.”

It was also common practice for the commission to edit her out of the meeting minutes, she explained, and members were regularly given insufficient information on which to base their votes.

“I believe the public should have access to the full transcripts and recordings of the meetings,” she said. “The people will be outraged.”

Velezinee called for an open and transparent public inquiry into the activities of the JSC, with the participation of impartial mediators from an organisation such as the UN or the International Committee of Jurists, acceptable to both sides, “as we do not have anyone impartial enough [in the Maldives].”

“The judiciary is the foundation that will uphold the future of our country,” Velezinee said. “I want the opportunity to write a report, but have not yet been given the chance – all the evidence is available, and the public needs to hear this. If I am wrong they can shoot me.”

Minivan News attempted on several occasions to contact JSC President Mujthaz Fahmy and Speaker of Parliament Abdulla Shahid, but they were not responding at time of press.

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