Day: October 27, 2010

Corruption Index ranks Maldives below Zimbabwe

The Maldives has been ranked 143 in Transparency International’s 2010 Corruption Perception Index, equal with Pakistan and below Zimbabwe.

The ranking represents a fall of 15 places since the 2009 Index, which itself fell 15 places from the 2008 Index.

The Maldives is now ranked well below regional neighbours, including India (87), Sri Lanka (91) and Bangladesh (134). Denmark, New Zealand and Singapore ranked first, while Somalia ranked last at 178, below Burma and Afghanistan.

The Maldivian index was calculated using three different sources, explained Executive Director of Transparency Maldives, Ilham Mohamed. These were the Asian Development Bank’s Country Performance Index 2009, Global Insight’s Country Risk Report 2010, and the World Bank’s Country Policy and Institutional Assessment 2009.

“I think [the decline] reflects changes we are going through as a democracy – political instability is also considered when calculating the index,” Ilham said. “But this reflects the fact that the international community considers us more corrupt since 2008.”

Despite having a new constitution the Maldives does not have “the enabling legislation” in place to combat corruption, Ilham said. “We don’t even have a criminal code.”

She hesitated to say whether corruption was “a cultural problem”, because this was “a common justification in many Asian countries.”

“Nepotism is nepotism no matter where it happens,” Ilham said. “Howver it could be that the index reflects that practices such as patronage and gift-giving – which weren’t perceived as corrupt – are now beginning to be recognised as such.”

Corruption has maintained a high profile in the Maldives throughout 2010, most dramatically in July when recordings of phone conversations between MPs were leaked to the press. MPs were heard discussing plans to derail the taxation bill, implement no-confidence motions against ministers, buy someone called “Rose”, the Anti-Corruption Commission, and the exchange of “millions”.

People’s Alliances party (PA) leader Abdulla Yameen Abdul Gayoom told Minivan News at the time that while a voice in the sound clips might have been his, the conversations were ”not to borrow money to bribe MPs… [rather] as friends, we might help each other,” he said.

Meanwhile, “I need cash”, a recorded comment from Independent MP Mohamed ‘Kutti’ Nasheed to an individual believed to be Jumhoree Party (JP) leader Gasim Ibrahim, quickly became something of a meme in the Maldives, with islanders in his constituency of Kulhudhufushi setting up a collections box on the beach.

However the debate quickly turned one of telecommunications legalities, with the Human Rights Commission of the Maldives (HRCM) issuing a statement condemning the recording of private phone calls.

Shortly afterwards parliament levelled a no-confidence motion at Education Minister Dr Mustafa Luthfy, the entire cabinet resigned in protest against the “scorched earth” tactics of the opposition majority parliament. The former ministers accused parliament of outright corruption and police arrested MPs Yameen and Gasim and charged them with treason and vote buying, for “attempting to topple the government illegally.”

Both were released when the Supreme Court overruled a decision by the High Court to hold the pair under house arrest for 15 days.

Police later that month arrested Deputy Speaker Ahmed Nazim, also of the PA, and ruling Maldivian Democratic Party MP Mohamed Musthafa on suspicion of bribing MPs and a civil court judge.

The Criminal Court ordered their release and several senior police lawyers giving evidence were suspended from court “on ethical grounds”.

Senior officers at the time expressed concern that investigations into “high-profile corruption cases” were compromised at “a very preliminary stage”, noting that the court had refused to even issue arrest warrants for a case involving more than a kilogram of heroin.

Police lodged that complaint with the Judicial Services Commission (JSC), which has yet to review any of the nearly 120 complaints it has received this year.

Earlier in the year Auditor General Ibrahim Naeem was also dismissed in a no-confidence motion by parliament shortly after demanding a financial audit of all ministers, past and present, including former President Maumoon Abdul Gayoom.

The Anti-Corruption Commission (ACC) found Naeem guilty of buying a tie and boat transport with government money, and he was summarily dismissed.

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Criminal Court stops accepting new cases, Civil Court returns to normal

The Criminal Court has told the Prosecutor General not to send any new cases to the court until further notice as it is busy implementing administrative changes required by the Judicature Act.

The Civil Court, which had suspended “all matters of justice” for seven days from Sunday to make administrative changes necessitated by the Judicature Act, will be returning to normal tomorrow, Chief Judge Ali Sameer told Minivan News.

“Four days” in which justice was suspended so the court can focus on administrative jobs, Chief Judge Sameer said, was “not bad”.

Chief Judge Sameer denied that President Nasheed’s ratification of the Act on Thursday 21 October had taken the court by surprise. Rather, he said, the Court was unsure as to whether President Nasheed would ratify the Act or not.

“Had he not ratified the Act as passed by the Majlis, pre-emptive action on our part would have meant that we would have made changes that were unnecessary, and also incurred a huge amount of expenses unnecessarily”, he said.

The Judicature Act was enacted to bring the nation’s judiciary in line with the standards set by  the 2008 Constitution to establish an independent judiciary replacing the administrative system of justice that was in place prior to the passing of the Constitution.

It creates the country’s courts, establishes their system of hierarchy and forms regulations according to which they should function.

The Act, which the President ratified within the specified 15-day period, changed the name of the Madhanee Court to Civil Court and the name of the Jinaaee Court to Criminal Court. ‘Madhanee’ means ‘civil’ in Arabic and ‘jinaaee’ means ‘criminal’.

Changes in the Act also affect the operation of courts in various islands. Attempts by Minivan News to contact the Chief Judicial Administrator Ibrahim Adam Manik to clarify the full range of administrative changes that has necessitated the interruptions to justice proved unsuccessful.

When Minivan News was able to get Manik on the phone after a two hour period in which his secretary repeatedly said he was “on his break” he requested that the question be sent to him by email.

Manik ignored the email when it was sent as requested.

The Criminal Court announcement states the difficulties have arisen because “relevant authorities of the judiciary have not taken the required decisions” on the procedures to be followed in the cases that are now brought to the court.

Nor have the said authorities taken a decision on how island courts should be addressed when the Criminal Court is sending out summons or messages to people involved in the cases being brought to the court.

The Court does not specify a date when it will resume accepting cases from the Prosecutor General. It says, however, “even though the Court is encountering administrative difficulties in implementing the many changes required by the new Act”, it will resume normal business “as soon as the work is completed”

Mohamed Nasheed, Independent MP for Kulhudhuffushi, who was a member of the Parliamentary Committee in charge of the Bill said the courts should have been in a position to meet the changes required by the Judicature Act head on.

The Bill had been in the Parliament since the beginning of the year, and the Parliamentary Committee had worked closely with the Courts during the re-drafting stages, asking for their opinion, comments and feedback all along the way, Nasheed said.

“The Judicature Act does not bring about a change so fundamental or so radical that the process of dispensing justice has to be interrupted. There should have been a smooth transition in which the courts seamlessly integrated the changes as the Act was ratified,” Nasheed said.

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Celebrity couple Katy Perry and Russell Brand honeymooning in the Maldives

British comedian Russell Brand and pop star wife Katy Perry were last night rumoured to be hopping around resorts in the Maldives trying to evade paparazzi disguised as hotel guests.

The celebrity couple arrived at Male’ International Airport late Monday night on a private jet, according to Minivan News sources. Senior Airport staff are reported to have met the couple on their arrival.

Minivan News understands the couple first transferred to Four Seasons Kuda Hura in North Male’ Atoll, before surreptitiously transferring to Four Seasons Landagiraavaru after supposed media intrusion. The couple have now reportedly departed for yet another resort.

An Indian entertainment website meanwhile reported today that the Brands’ honeymoon might soon be over as the prospect of a major lawsuit arising from their wedding looms on the horizon.

An Indian activist, Akhshay Sharma, according to OneIndia, has filed a criminal complaint against the couple and two others for allegedly violating the green laws during their Hindu wedding ceremony on October 23 in India’s Ranthambore National Park, which involved a man-eating tiger.

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President concerned over police clash with journalists

President Mohamed Nasheed has expressed concern over the clash between journalists and police during the opposition led-protest on Monday night.

Several journalists from different media organisations have reported violent police attacks on journalists covering the riot.

The protest began as a gathering in front of party’s head office, but degenerated into a riot when protesters marched to the President’s official residence of Muleeage.

A journalist from Miadhu, three journalists from DhiTV, two journalists from VillaTV, one from newspaper Miadhu and a photographer from Haveeru reported they were attacked by police.

President’s Office issued a statement saying that it had received reports that journalists covering the opposition protest were injured by police officers who tried to control the situation.

The statement said the President’s office held a meeting yesterday to discuss the issue with the Maldives Journalists Association (MJA), Maldives National Journalists Association (MNJA) and the Maldives Media Council.

Special Envoy to the President Ibrahim Hussein Zaki, Press Secretary for the President Mohamed Zuhair, Deputy Under Secretary of the President’s office Aishath Shuweykara, Communications Coordinator Husham Mohamed and a police media official sat in the meeting with the media representatives.

The statement acknowledged complaints received from NGOs claiming that journalists were injured during police attempts to control the area, that they were deliberately targeted, that police forced journalists to move too far away from the area, and referred to journalists rudely.

The statement also acknowledged complaints that pepper spray and tear gas was sprayed into the area without warning, according to the NGOs.

Zaki told the delegates that the Maldives Media Council was establishing policies for journalists on how to cover riots and protests, and called on all concerned authorities to cooperate with the council.

Zaki said he do not believe that there was any hostility between journalists and police.

Opposition DRP MP Ahmed Nihan said that the reputation and dignity of the country was lifted among the international community after the press freedom was offered in the new constitution, and that the incident that occurred that night was disgraceful.

”The police acted upon orders from the President, they obstructed the work of the journalists while they were trying to broadcast the riot on air,” said Nihan. ”I strongly condemn the police actions.”

Nihan said the President was liable for the police action.

”It is against the words of the President – media is the fourth pillar of democracy, we will demand their freedom,” Nihan said. ”Police reactions were quick and very violent that night.”

He alleged that the attack on the media was given upon a request by Maldivian Democratic Party (MDP) MP Moosa Manik.

”It was not even 48 hours after Moosa warned that he would ‘show some of the media what I’ve got’. He has also warned that action would be taken against Villa TV and DhiTV,” Nihan claimed.

He also regretted that international organisations such as Reporters Without Borders did “not appear to care” about this incident.

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