Month: May 2011

JSC abolishes complaints committee in name of efficiency

The Judicial Services Commission (JSC) has abolished its Complaints Committee citing “efficiency”, with complaints against judges now being forwarded for review by the legal section and Commission head Adam Mohamed.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to.

Chair of the former complaints commission, the President’s Member of the JSC Aishath Velezinee who was stabbed in the street in January this year, said the complaints committee had been unable to operate as the chair had persistently scheduled meetings “during the same days and hours as the committee meetings, and it came to the point where it was impossible for the committee to meet and work.”

“Several members including Dhivehi Rayyithunge Party (DRP) MP Afrashim Ali also boycotted the meetings making it difficult for the committee to function,” Velezinee said, claiming that no procedure had been followed in abolishing the committee, and intention was to stop complaints against judges from being investigated.

“The JSC recently adopted house rules, which gives extraordinary powers to the chair. The chair decides whether to table complaints, routinely withholds information from the Commission and responds [to complaints] himself,” she said.

The JSC has failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC’s possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

The opposition-majority parliament has meanwhile yet to back the government’s request that the Maldives join the International Criminal Court (ICC), of which half the world’s nations are members. Velezinee has previously accused certain opposition MPs of manipulating the judiciary through JSC in an attempt to retain control of the legal impunity provided them under the previous government’s Ministry of Justice.

Central to the International Criminal Court’s mandate “is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unable or unwilling to investigate and prosecute perpetrators of genocide, crimes against humanity, and war crimes,” the ICC’s international NGO coalition said in a statement.

“Perpetrators of genocide, war crimes, and crimes against humanity must be held accountable. Greater support for the ICC in Asia is needed in order to increase the region’s commitment to the fight against impunity. The Coalition therefore encourages Maldives to assert its commitment to ending the culture of impunity by acceding to the Rome Statute of the ICC.”

Parliament has meanwhile been deliberating on an amendment to the Clemency Act whereby death sentences issued by judges would be acted upon when all appeals failed. The last person be judicially executed in the Maldives was Hakim Didi in 1953, who was executed by firing squad after being found guilty of conspiracy to murder using black magic.

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Suspect in Sheereen murder case sentenced to 10 years on drug charges

A suspect in the murder case of 30 year-old Maryam Sheereen has been to sentenced 10 years imprisonment after he was found guilty of drug offences by the Criminal Court.

The court verdict read that on January 8 2009, police officers arrested Mohamed Najah and found illegal narcotics in his possession during a search of his person.

Najah’s urine also tested positive to benzodiazepine and opiates, the court stated, sentencing him to five years for possession of illegal narcotics and five years for use of illegal narcotics.

Sheereen’s murder case is still pending in the Criminal Court and will soon conclude. If found guilty, Najah will likely face the death penalty.

Heirs of Sheereen were recently summoned to the court to ask if they had any objections to the execution of Najah if he was found guilty, none of whom did.

According to the Penal Code if a person is found guilty of murder, Shariah law must be applied and the murderer must to be sentenced to death if no heir of the victim has an objection.

Evidence including video footage, phone recordings, DNA samples and testimony from both the taxi driver who unwittingly carried a suit case containing Sheereen’s body and a man who lived in the same apartment as the pair has been presented to the court by the prosecution. Sheereen was found dead under a stack of cement bags a construction site in Male’.

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Civil Court orders MNBC to transfer assets and staffs to MBC

After months of dispute between the opposition and the government over control the state media, the Civil Court has finally ordered the Maldives National Broadcasting Corporation (MNBC) to transfer all assets and staff to the newly-established Maldives Broadcasting Corporation (MBC).

The tug-of-war began last year when the government transferred the assets and staff from Television Maldives (TVM) and Voice of Maldives (VOM) to the 100 percent government-owned corporate entity MNBC.

The opposition-majority parliament subsequently created MBC and order the government to transfer MNBC’s assets and staff. MNBC has been labelled pro-government by critics, while proponents argue that as most other mass media is owned by senior opposition political figures and favours the opposition, the government had no alternative voice.

Press Secretary for the President Mohamed Zuhair said that the government will appeal the Civil Court’s ruling in the High Court.

“The MPs and the judiciary should consider that the MNBC is operated by a board and all of its assets are properties of the MNBC,” he said.

Zuhair contended that there were resorts belonging to MPs that were operated under the same structure as MNBC, and questioned whether they wished to set a precedent for the court-ordered transfer of all their assets to another person’s company made for the express purpose.

MBC was formed by the parliament last year in April and its board was also appointed by the parliament. The board is answerable to parliament which makes the MBC board politically influenced, the government has claimed.

After the parliament passed the legislation to ”free” the state media, expecting the government to transfer the frequency and assets, the government bluntly declined to transfer the assets.

”MNBC was re-branded and changed its name after two board members of Television Maldives (TVM) proposed their names for the Maldives Broadcasting Corporation (MBC) board, but were dismissed from the parliament,” said opposition MP Ahmed Nihan at the time.

Nihan alleged that he was “certain” there was “a secret deal” made between MNBC and the government.

The opposition also held a series of protests for the freedom of state media before the issue was taken to the court.

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Health Ministry raises private clinic charge concerns

The Maldives Ministry of Health could be set to reprimand certain private medical clinics that are claimed to have increased their consultation charges without its permission as the value of rufiyaa falls against the US dollar.

Haveeru has reported that the ministry has raised concerns that some clinics had failed to seek permission from the country’s health officials before increasing their consultation prices from the previous rate of Rf200 by up to 50 percent in certain cases.

According to the paper, Director General of Health Services, Dr Ibrahim Yasir, said that the ministry would be investigating these consultancy costs and could potentially move to fine and revoke licenses from certain private clinics that were deemed to not be working within their remit by hiking prices.

Despite the criticisms over charges, the ministry was said to accept that the cost of imported medical consumables had risen on the back of a changing dollar exchange rate.

Yasir claimed to the paper that in light of amendments to the exchange rate, it would be reviewing submissions by private clinics that are seeking to increase their charges accordingly.

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Police officer caught with charged mobile phone batteries in Maafushi Prison

Head of Department and Penitentiary and Rehabilitation Services (DPRS) Mohamed Rasheed has confirmed that a police officer is being questioned for allegedly attempting to smuggle charged phone batteries to inmates at Maafushi prison.

”When he [the police officer] entered through the prison gates, our prison officers suspected that he was up to something,” said Rasheed. ”So prison officers followed him and made sure that something was going with him.”

After the prison officers were sure, Rasheed said prison officers immediately informed the police about the matter.

”Police searched his body and discovered those items on him,” he said. ”We did not search his body because he was a police officer and we thought it would be best to let the police do it.”

Rasheed said that a part of Maafushi Prison had been given to police temporarily to use to keep pre-trial detainees.

Police Sub-Inspector Ahmed Shiyam also confirmed that a police officer was caught with two charged batteries on him.

”We are investigating the case,” Shiyam said. ”Two extra mobile phones were found with him as well.”

In March last year, State Home Minister Ahmed Adil said several jail officers are being investigated on suspicion of helping inmates to bring mobile phones and drugs into cells in Male’ prison.

He also claimed that prison officers were helping inmates to bring in mobile phones and drugs.

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PA Secretary General appointed to Elections Commission

The Secretary General of the People’s Alliance (PA), the party of the former President’s half brother Abdulla Yameen, has been appointed the General Secretary of the Elections Commission (EC).

Ahmed Shareef Adam was appointed to the post out of 25 applicants who applied.

“Only five applicants fit the criteria devised by the commission. Out of them, one did not fit the criteria already set under the regulation of the commission and another application was withdrawn. So we interviewed only three applications, out of whom Shareef scored the highest and got the job,” the EC’s Executive Director Ismail Habeeb told newspaper Haveeru.

The PA announced that Shareef was resigning from his post at the party following his appointment.

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Government owes us Rf443 million: Civil Service Commission

The government owes Rf443 million (US$34 million) in unpaid salaries and allowances to civil servants following yesterday’s High Court upholding of a Civil Court ruling that salaries be restored to pre-cut levels and the balance repaid.

The Civil Service Commission (CSC) took the Finance Ministry to court last year after it refused to restore the salaries in January 2010 following three months of austerity measures.

The International Monetary Fund (IMF) has pressured the government to reduced its civil service spend to reduce its deficit. The government has not said whether it plans to appeal.

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Opposition misleading international media to sabotage economy, claims government

The government has continued to criticise opposition politicians, including representatives of President Maumoon Abdul Gayoom, for “misleading” international media over the scale of protests in Male’ last week.

The protests were today labelled by the Washington Post as one of the 29 largest crackdowns of the last decade, eclipsing the riots following the death of Evan Naseem.

After seven days of demonstrations across Male’ last week, purportedly in protest against the government’s decision to implement a managed float of the rufiyaa – police on Wednesday (May 4) announced that any protests not held in the open artificial beach or tsunami monument areas would be immediately dispersed.

The opposition Dhivehi Rayyithunge Party (DRP) has insisted the protests are ‘youth-led’ despite the apparent leadership of its MPs, and tried to replicate the ‘Arab Spring’ protests across the Middle East by branding President Nasheed as a despot to the international media and dubbing a busy Male’ intersection ‘Youth Square’.

In the Washington Post piece, photos were published of 29 protests that have occurred around the world and were deemed to be among the biggest demonstrations and crackdowns of the decade – including the recent unrest in the Maldives.

“Syria, Libya and other Middle Eastern regimes aren’t the only ones to use force against protesters. Here are some of the major crackdowns since 2000,” wrote the paper in a picture story on its website.

The Maldives is listed at 28th, placed between the riots in Uganda last month over rising fuel costs – where protesters were shot at by police – and Egypt’s anti-government uprisings that ended the thirty year reign of President Hosni Mubarak in February.

“In recent weeks, hundreds of anti-government protesters took to the streets of Maldives to demonstrate against soaring prices and demand the resignation of President Mohamed Nasheed,” the article wrote, alongside a photograph of a local protester who appeared to have been knocked down by Maldivian police carrying batons.

Responding to the Washington Post article, Press Secretary for the President Mohamed Zuhair said he was suspicious that international journalists from established publications like the Washington Post were speaking to representatives of the former president or opposition politicians, who in some cases had provided false information in an attempt to “tarnish” the government’s image.

“We have received alleged reports that former President Gayoom’s spokesperson – Mohamed Hussain ‘Mundhu’ Shareef – has been contacted by international media and has perhaps given the impression he remains as the spokesperson for the current President Mohamed Nasheed,” said Zuhair.

“There appears to be misconception that there has been a higher turnout at these protests than were actually there,” he said.

Maldivian Democratic Party (MDP) MP ‘Reeko’ Moosa Manik, who is currently on an official visit to China, has also accused Gayoom’s spokesperson of giving interviews to Chinese journalists who were under the impression he was the spokesperson for the current administration.

‘’Most of the foreign papers have his [Shareef’s] number as the spokesperson of the President, so when they contact him he says he is [the President’s] spokesperson,’’ Moosa claimed on the MDP’s website. “He has told foreign papers that there is severe civil unrest in Male’ and that it is not safe to send tourists here.’’

Moosa alleged that Shareef was “intentionally” seeking to destroy the tourism industry of the Maldives and “to mislead the international community.”

Minivan News contacted Shareef to refute the allegations, but he refused to comment on the matter.

Zuhair said that the week of protests had represented the involvement of only a small part of a voting population that in Male’ alone numbered tens of thousands of people.

“This is the case of the picture telling the story,” Zuhair said. “After the first few nights of protests the numbers [of participants] began to dwindle to just a few hundred people on the final night [Friday, May 6],” he claimed.

Zuhair claimed that he believed that there had been a deliberate attempt to try and tarnish the image of President Nasheed internationally through the supply of information to foreign media that he said had led to travel warnings being issued to Asian travel markets like Hong Kong.

The government reported today that the President’s Special Envoy, Ibrahim Hussain Zaki, had been sent to China in the wake of several travel warnings issued in the region that are feared to have begun harming one of the fastest growing tourist arrivals markets presently coming to the Maldives.

Speaking last week following criticisms by Foreign Minister Ahmed Naseem of the manner in which some politicians had been courting international media attention, leader DRP Ahmed Thasmeen Ali hit out at suggestions of media manipulation.

Thasmeen said at the time that he was “utterly surprised” that a member of the current government, which has vocally supported freedom of speech and democratic reforms, would find protests “unreasonable” on the basis of protecting tourism.

“We have seen them try to stifle protest through using excessive police force,” he claimed. “We are peaceful protestors and are not impacting tourism in Male’.”

Thasmeen added that he believed the government had not made attempts to initiate a dialogue on the issue of living costs, although the opposition said they were willing to negotiate on the matter even though they did not agree to the current devaluation strategy being pursued.

“Obviously there are a lot of protesters here, but the government does not want to listen,” he said. “Lots of people are suffering.”

Thasmeen said that accusations that the country’s political opposition had been “misleading” international media was an “oversimplification” of the issues behind the protests.

“The international media are professionals, many of who will already know the facts of the protests, I don’t see it will be possible to manipulate them,” he said.

Thasmeen claimed that reports of excessive force against protesters had been accurate, adding that MDP supporters led by their parliamentary leadership had been “violently charging” protest crowds while police were attempting to disperse peaceful protesters.

The Maldives Journalists Association (MJA) has meanwhile issued a statement to international media and groups such as the International Federation of Journalists (IFJ) and Reporters Without Borders (RSF), alleging “infuriating and agitating conflict by the police”, urging authorities to “bring to a halt the atrocities targeted towards journalists.”

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