Day: February 10, 2011

JSC forged documents for Supreme Court case, alleges Velezinee

President’s member of the Judicial Services Commission (JSC) and whistle-blower Aishath Velezinee has presented documents to the Supreme Court she claims provide evidence that the JSC has forged documents for the hearing over High Court appointments.

The JSC is currently in the Supreme Court defending its appointment of five high court judges – current Juvenile Court Chief Judge Shuaib Hussein Zakariya, former Law Commission member Dr Azmiralda Zahir, Civil Court registrar Abdu Rauf Ibrahim, lawyer of former President Maumoon Abdul Gayoom, Abbas Shareef and Civil Court Chief Judge Ali Sameer.

The Supreme Court took over the case from the Civil Court in January, after several judges who were not appointed raised concern that there were policy and legal issues related to the Judicial Service Commission’s (JSC) appointment procedures, such as giving higher priority to appointees on the basis of gender.

The documents concern JSC resolution B1/11/24, passed at the 22nd sitting of JSC on the evening February 6, 2011, informing the Supreme Court that Vice Chair Dr Afrasheem Ali would represent the JSC in the High Court appointments matter.

The resolution carries the signatures of six JSC members, three of whom Velezinee contends were not even present at the meeting of February 6, 2011 when the resolution was supposedly passed.

“The JSC sent a text message calling a meeting on Sunday evening at 7:00pm, and then changed the time to 7:30pm. I was there at 7:00pm, and only four members turned up including myself, Dr Afrasheem Ali, Chief Judge of the High Court Abdul Ghani Mohamed, and Ahmed Rasheed from the law community,” Velezinee says. “I stayed until 8:00pm, to make sure.”

With only four members present, the meeting failed to reach the JSC’s six member quorum.

“The JSC’s regulations state that after a meeting is called, if we do not reach quorum within 15 minutes from the scheduled time, then the meeting is cancelled. On Sunday evening we had no meeting because we didn’t meet quorum with only four members present.”

When Velezinee later requested to see the attendance record for the February she discovered a fifth signature – that of Criminal Court Judge Abdulla Didi – had allegedly been added to the official records.

That still was not enough enough to reach the JSC’s quorum, so Velezinee says she was surprised to see six signatures in the submission to the Supreme Court passing the resolution – including those of Member of the Public Sheikh Shuaib Abdul Rahman and Civil Service Commission member Mohamed Fahmy Hassan, neither of whom attended the meeting on February 6.

Velezinee further claimed to have audio recordings of conversations between the JSC and the two absent members who signed the resolution, arranging for the resolution to be sent out to their homes for them to sign.

“The submission to the Supreme Court very clearly states: ‘this resolution was adopted February 6, on the 22nd sitting of the JSC by majority vote of those members who attended’,” Velezinee said.

Fahmy told Minivan News he had no comment on the matter, while Dr Afrasheem Ali referred Minivan News to the JSC’s media spokesperson, Hassan Zaheen. Zaheen referred Minivan News to the JSC interim Secretary General, Abdul Faththah, also the JSC’s legal representative.

Faththah said that while there “should be quorum”, in time-sensitive matters such as court summons members sometimes had to make decisions outside formal meetings, with the approval of other members.

“This is not a matter so important to take a decision with the discussion of the members,” he said.

JSC members had also previously decided who should attend court hearings, during a meeting of full attendance, he added, “[but] that day the Chair was not in Male’, so members decided instead that the Deputy [Afrasheem] should attend [court],” acknowledging that “they may not have had quorum that time.”

“These kind of things happen with things like court attendance issues, but no other decisions,” he said.

Supreme Court case

“Today was the last hearing before the Supreme Court’s verdict [in the case],” Velezinee said. “I sent two letters, a copy of the attendance sheet and the resolution to all five Supreme Court judges and informed them that it was a forged document.”

“The JSC seems to think there is no procedure to gain a majority. That was exactly what they did with Article 285. But when we are talking about a democracy with laws of transparency and accountability, there are procedures to follow to get a majority – otherwise it becomes mob rule.

“Anyone can run around and intimidate people to get signatures, but that is not how an independent constitutional body such as the Judicial Services commission should be working. if the integrity of the Judicial Services Commission is under question, there is no reason why people should trust the judiciary.”

Velezinee has previously alleged that practices such as “manipulating the agenda, manipulating meeting times, withholding information and trying to manipulate decisions by providing misleading information.”

“This is classic, but this time they have been caught in the act,” she claimed.

The outspoken whistle-blower, who was hospitalised on January 3 after she was stabbed three times in the back in broad daylight on the main tourist street of Male’, expressed frustration with the slow acknowledgement that “the JSC by its actions causing the public to mistrust judges and the judiciary – the JSC is permitting impunity among judges.”

“Nobody from any civilised country would believe you if you said that judges and MPs were lying. Chief judges, high court judges – you expect office bearers to be working in the interest of citizens and the state. But here we have a judiciary that seems to think the whole country is out to attack them. That has happened because we have not established a judiciary according to the constitution.”

All the current sitting judges were, Velezinee said, “hand-picked without due process, often for their personal and political connections. We have all the documents to prove it, but JSC is hiding from it. They say: ‘the constitution says we are an independent commission’. But it’s not what the constitution says, it’s how you act. Why not simply eliminate crime by rewriting the constitution so it says there is no crime in this country?”

The Anti-Corruption Commission (ACC) is currently investigating the JSC for embezzling state funds by awarding itself over Rf 500,000 in ‘committee allowances’, contrary to Article 164 of the Constitution.

Velezinee has also requested police investigate JSC President and Supreme Court Justice Adam Mohamed Abdulla, JSC Vice Chair and MP (DRP-PA) DrAfraasheem Ali, Criminal Court Judge Abdulla Didi, Speaker of Parliament (DRP-PA) Abdulla Shahid, former JSC President and interim Supreme Court judge (now removed) Mujuthaaz Fahmy, and Former Civil Service Commission President and current member of Civil Service Commission Dr Mohamed Latheef.

The charges filed included accusations that some MPs were influencing courts and judges “for personal gain and profit”, subverting the rule of law and obstructing the JSC from conducting its constitutional duties, “committing and attempting to commit crimes against the State using JSC and the courts as tools”, and defamation against her “with criminal intent”.

Download the documents presented by Velezinee to the Supreme Court (Dhivehi)

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Initial council regulation concerns a “bit alarmist”, says local NGO

Concerns over a lack of details regarding the powers and jurisdiction of recently formed local councils have been downplayed as alarmist by the Maldivian Democracy Network (MDN) which contends that the unprecedented decentralisation of the country’s political system may require a transitional learning period before finding its feet.

Ahmed Irfan, executive director of the Maldivian Democracy Network (MDN), told Minivan News that although local councils had been appointed following last weekend’s elections without defined roles or powers, the outlining of regulations for a major new political system could not occur immediately.

A number of prominent politicians across the country, including the leader of the opposition Dhivehi Rayyithunge Party (DRP) Ahmed Thasmeen Ali, have raised concerns that while councils have been elected, there was little regulation or legal framework to actually define their role or method.

Thasmeen claimed following the elections that successful candidates from across the political spectrum had not been given any indication of what would be expected of them whilst serving as councillors.

“It is a fact that candidates from many parties including ours may not be clear on their responsibilities and mandates,” Thasmeen said at the time. The DRP leader added that no timetable for councilors to begin their work had also been given.

Ahmed Shareef, secretary general for the fellow opposition party the People’s Alliance (PA) also said that details on the exact role and responsibilities of the newly appointed local councils had been extremely limited.

“We really don’t know how system will work or how affiliated it may be with government,” he said.

In this uncertain post council election environment, Shareef said that he believed there were already reports that numerous opposition parties were working to stifle possible developments or strategies planned by elected councils.

However, Irfan said that highlighting the initial lack of detail regarding the councils as a major concern at present was perhaps sensationalist, adding that adapting national laws and power sharing agreements to regional levels was a completely new challenge.

The MDN’s executive director said that while details and information surrounding the councils was needed as soon as possible for politicians and constituents alike, as an entirely new political development, he believed people needed to be flexible.

“When the Local Government Authority (LGA) is formed and comes into place they will be able to define where the responsibilities of island councils end and atoll councils begin,” he said. “The path of this jurisdiction will fall to the LGA and could prove to be one of the most important regulations concerning the councils.”

According to Irfan, alongside the wider division of power, each of the councils bought into operation following the elections will have to discuss around 25 regulations concerning how they will operate within the Maldives.

“I am not sure they are areas that can be initially informed and decided upon before the councils are operating,” he added.

While the councils are expected to serve as independent institutions; in certain areas such as the release of land or funding, MDN’s executive director claimed they would still be bound by national Land Laws and finance regulations.

Irfan added that the MDN did have some possible concerns that a lack of official information over the individual roles of the local councils and the exact powers they would have in relation to parliament were one possible reason of a relatively low turn outs from voters in areas like Male’.

However, he stressed that only allowing constituents to vote within the atoll of their registered permanent address had also potentially stymied interest among people currently living in other parts of the country.

Representatives for the LGA were not available for comment at the time of going to press.

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MDP calculates four percent lead over DRP in popular vote

The Maldivian Democratic Party (MDP) has released a statement claiming it has calculated the popular vote in last week’s local council elections as 44% MDP, 40% DRP, based on current available data.

The popular vote reflects the overall political preference of voters, and has not yet been released by the Elections Commission (EC). The MDP said it produced the figures based on data currently published by the EC on its website.

Both parties declared victory and were celebrating this week after the Dhivehi Rayyithunge Party (DRP) won a decisive seat majority in the local council elections, while the MDP won control of major population hubs.

If the MDP’s figures match those of the Elections Commission, when published, they would reflect a major show of faith in the ruling party – the MDP received 25 percent in the 2008 presidential election and 33 percent in the parliamentary election early following year, but there has been no impartial polling of the country’s chaotic political scene since then.

A senior MDP source insisted to Minivan News that the party’s math was sound, subject to available data from the EC.

“A 44 percent result in the local council election would show that MDP has a clear path to the presidential election in 2013,” the source claimed.

Only the preliminary ballot counts are currently available from the EC, and include the multiple votes made by islanders for both atoll and island councils (urban dwellers voted once for city councils). Given the higher population of the urban hubs that almost unanimously swung towards the MDP, the party’s four percent lead on the DRP could well be accurate. This would have to be offset against the (anecdotally) lower voter turnout in urban areas, as compared to islands – again, the EC has yet to publish the figures – and the split opposition vote in many areas due to multiple factions of the DRP competing for the same seat, sometimes on an independent ticket.

Vice President of the Elections Commission Ahmed Hassan Fayaz told Minivan News that the current Elections Commission results available were on the its website, and that ”other results have nothing to do with the EC’s results.”

The MDP statement also noted that the current results indicated that the Dhivehi Quamee Party (DQP) – the DRP’s new coalition partner as of yesterday – had won a single seat, and that leader Dr Hassan Saeed had failed to secure a seat in his home atoll, Addu.

The MDP also criticised the performance of its own coalition partner Adhaalath, claiming that its securing of 17 seats and control of just one council (Kinolhas), showed that “Maldivians will not accept the use of religion as a political weapon.”

Adhaalath Party Leader Sheikh Hussain Rasheed earlier this week praised his party’s performance, stating that “we believe that success is for to whom God grants it. And we believe that we can only serve the citizens to the extent the citizens wish us to.”

Polling benefits aside, the new layer of government introduced by the elections will cost the Maldives over US$220,000 per month.

The President of every island council will receive a salary and allowance of Rf 15,000 (US$1160), council members Rf 11,000 (US$850). The mayor of Male’ will receive Rf 45,000 (US$3500).

In addition to salaries, explained acting Finance Minister Mahmoud Razee, parliament has allocated a further Rf200 million (US$15.5 million) to office expenses – at a time when the country has a double-figure deficit, a crippling foreign exchange shortage and complete reliance on a single industry. The government has said this will come out of its existing office budget.

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DRP release condemns violence linked to Gayoom supporters

The Dhivehi Rayyithunge Party (DRP) has hit out at violence confrontations it has said are linked to supporters of its founder and supreme leader, Former President Maumoon Abdul Gayoom, calling for party followers to protest peacefully in line with “democratic values” after troubles outside its headquarters.

A representative for the party confirmed that a press release was issued by the party concerning confrontations outside party headquarters on Tuesday February 8, which led police to escort DRP spokesperson and Deputy Leader ‘Mavota’ Ibrahim Shareef to safety after he came under attack. The representative was unable to comment on the press release’s content any further.

Various DRP members along with dismissed Deputy Leader Umar Naseer were also unavailable for comment at the time of going to press.

The fracas itself took place after suspected party supporters loyal to Gayoom gathered to call for the resignation of Shareef and party leader Ahmed Thasmeen Ali after an audio clip allegedly linked to the party spokesperson, which appeared to suggest the party “beat” the former president and his supporters away from Aduu Atoll during elections campaigning, was leaked to the press.

Coverage of the audio clip led some party supporters to gather outside the DRP headquarters in protest, leading to police escorting Shareef to safety after he came under attack.  Shareef later claimed that while the voice in the leaked audio clip was his, they had been edited from their original meaning.

The press release has not been seen by Minivan News. However, according to newspaper Miadhu, the release condemned violence “instigated” by alleged supporters and security personnel of Gayoom, calling on genuine party followers to avoid trying to stir up violent confrontations and respect the rules and regulations of the party.

The calls come after an official party meeting held back in December resulted in violence that led to police intervention after former Deputy Leader Umar Naseer attempted to enter the meeting after being dismissed by the party. The disturbance was linked to a growing war of words between Thasmeen and Naseer, with the latter still choosing to campaign with the party during local council elections alongside Gayoom.

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MDP member claims hundreds of concerns raised over council election counts

Individuals within the ruling Maldivian Democratic Party (MDP) are calling for fresh voting and recounts within some constituencies contested during last week’s local council elections due to claims that almost a thousand concerns have been raised over how polling was conducted in certain areas, according to news reports.

Miadhu today reported that MDP member Mohamed Imthiyaz has claimed that there are hundreds of issues relating to alleged discrepancies and inconsistencies in the voter registry and ballot papers used during voting. The report also alleged that the MDP had raised concerns over the “integrity” of the Elections Commission (EC) that oversaw the council polling.

In light of these alleged concerns, Imithiyaz was reported to have claimed that the party would now be calling for either vote recounts or fresh polling in certain constituencies.
However, criticisms over election campaigning have also been leveled at the governing party.

Rival opposition groups such as the Dhivehi Rayyithunge Party (DRP) and the People’s Alliance (PA) have attacked the MDP over allegations that it had used state funds to support its election campaigning as well as claims that the party had awarded itself disproportionate amounts of coverage to promote candidates on state television.

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Red Crescent to support Ville-Male orphanage

The Maldivian Red Crescent has signed a Memorandum of Understanding (MoU) with the Ministry of Health and Family to support the Ville-Male Children’s House orphanage.

Haveeru reported that under the one year agreement, the Red Crescent would identify assistance needed for the orphanage and provide it, raising grants through international organisations where necessary.

The MoU was signed at the Health Ministry by Minister Dr Aminath Jameel and Secretary General of the Maldivian Red Crescent, Rasheeda Ali.

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PG will take DRP council member for Villi-Maafannu to court

The Prosecutor General will take successful Dhivehi Rayyithunge Party (DRP) candidate for Villi-Maafannu, Ahmed ‘Fly’ Hameed, to court for allegedly beating a police officer.

Haveeru reports that Hameed was being prosecuted for allegedly obstructing police attempts to control a crowd of 11,000 at Dr Zakir Naik’s sermon in May 2010, which became hostile after Ahmed Nazim questioned Naik over the penalty for apostasy.

Police confirmed a case was sent to the PG’s office on 22 August, 2010.

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