Day: October 24, 2011

Criminal Court rules Gassan arrest unlawful

Criminal Court Chief Judge Abdulla Mohamed ruled tonight that police arrested Gassan Maumoon in violation of the constitution and a Supreme Court precedent establishing criminal justice procedures after his lawyers filed an application for a writ of ‘habeas corpus’, or release from unlawful detention.

After the case was filed this afternoon, the court issued an order to the police to bring Gassan to the court before 4:00pm today.

Gassan’s legal team, including former Attorney General Azima Shukoor and former President Maumoon Abdul Gayoom’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, argued that Gassan’s arrest after being summoned to police headquarters at 10:00am was in violation of article 46 of the constitution.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Gassan’s legal team also claimed procedural violations in the arrest based on the precedent established by a Supreme Court ruling (page 11 point 11) in July 2010 overturning a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim.

Azima argued that the precedent established that the burden of proof falls on the state before arresting suspects.

Noting that police did not seek a court order for Gassan’s arrest, which was the “established norm,” Azima said the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.

Gassan’s lawyers noted that he was arrested four days after the incident took place.

In the absence of a Criminal Procedures Act, said Azima, the precedent should be followed in interpreting article 46 of the constitution.

Moreover, she added, Gassan was arrested through “deception” as “my client did not present himself to police to be arrested.”

Gassan was first summoned for questioning last Saturday concerning disturbances outside his residence Endherimaage on Thursday during a protest by the ruling Maldivian Democratic Party (MDP).

The protesters were calling for judicial reform, alleging that the judiciary and the Judicial Services Commission (JSC) were subject to political manipulation by the opposition and members of the former government.

During the protest a 17-year-old boy was struck on the head with a wooden plank allegedly thrown from Endherimaage while protesters led by MDP MPs, councillors and senior members were outside the former President’s residence.

Responding to Azima’s arguments at court today, Police Superintendent Mohamed Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah suggested that Gassan’s legal team was “concerned that we might present evidence” and that the legal argument bore “no weight.”

The top police attorney submitted documents containing early evidence for the judge’s considering, including a medical report of the injuries sustained by the 17-year-old, photos, witness statements and “evidence we collected from the scene.”

The evidence was submitted despite the hearing being held on the case filed by Gassan’s lawyers contesting the legality of his arrest. Police were due to bring the former President’s son before court at 7:00pm to determine if his detention could be extended.

Jinah said police had reason to believe the investigation could be compromised if Gassan was released from custody.

Although the early evidence was not shared with the defence counsels, Azima argued that witness statements were invalid as they would have come from “people participating in an unlawful assembly.”

When Azima contended that the police claims conflicted with media reports on Thursday’s incidents, Jinah noted that “different media reported the same incident in very different ways.”

Gassan’s lawyers meanwhile submitted as counter-evidence photographs and video footage showing an MDP protester carrying a wooden plank. The footage was first aired on private broadcaster DhiTV challenging the MDP’s contention that the wooden plank was hurled from a second floor balcony of Maafanu Endherigas.

Azima argued that the nature of the evidence submitted was not enough “to establish a causal link between the suspect and the crime.”

When Gassan’s lawyer Maumoon Hameed criticised police for not examining “publicly available video footage,” Jinah said police had requested video footage from media outlets as well as footage caught on private security cameras.

Supporters of the former President’s newly-formed Progressive Party of Maldives (PPM) were camped outside the Justice building for the duration of the hearing carrying “Free Gassan” placards and celebrated with loud cheering when Gassan emerged from court.

Later in the day, activists of the ruling party gathered to protest outside the Supreme Court behind police lines. A heavy police presence kept the rival protesters at opposite ends of the court building.

Likes(0)Dislikes(0)

83 illegal migrant workers arrested in Addu

Police have arrested 83 illegal expat workers living on Addu Atoll, according to Chief Superintendent of Police Abdulla Fairoosh.

Speaking to the press, Fairoosh said that all the workers were arrested in a special operation conducted over the past two months to enhance security for the upcoming SAARC summit.

Fairoosh said that all the migrants had been handed to Immigration Department.

He also said that some roads will be closed during SAARC and only authorised vehicles can travel on those roads.

Likes(0)Dislikes(0)

Gassan summoned to Criminal Court

The Criminal Court has summoned Gassan Maumoon, son of former President Maumoon Abdul Gayoom, after his lawyers Aishath Azima Shukoor and Mohamed Waheed filed a case against the police claiming that his arrest Monday morning was unlawful.

Gassan was arrested and taken to Dhoonidhoo police custodial this morning after he allegedly dropped a large piece of wood on Maldivian Democratic Party (MDP) protesters gathered near his house on Thursday.

Today in court Gassan’s lawyers claimed that the arrest was unlawful and violated the Supreme Court’s procedure on arresting persons.

However, the police have submitted witness statements and evidence to court, and requested an extension of detention for further investigation.

Last Thursday 17 year-old Hussein Hassan was critically injured by a piece of wood while he was inside a group of MDP members protesting against manipulation of the judiciary by members of the former government. A spokesperson for Indira Gandhi Memorial Hospital (IGMH) later said his condition had stabilised.

MDP supporters alleged that Gassan had dropped the piece of wood that hit Hassan, while supporters of the former Presdient’s Progressive Party of Maldives (PPM) claimed it was thrown by MDP supporters.

PPM supporters gathered near the Criminal Court today calling for the immediate release of Gassan.

Protesters also attempted to break through police lines and enter the court area. However, leading PPM figures controlled the protesters and asked them to be quiet until the hearing had concluded.

Police today blocked the roads to the Criminal Court and have maintained control of the whole area.

The hearing started at 4:00pm this afternoon and was still continuing four hours later.

Likes(0)Dislikes(0)

PG asks police to provide details of protest response

The Prosecutor General’s (PG) office has asked the police to provide details of its response to the protest held by ruling Maldivian Democratic Party (MDP) outside the Supreme Court on Thursday, which later spread to the residence of the former President.

Prosecutor General Ahmed Muiz told Minivan he was unable to comment on the matter at this time.

However Police Sub-Inspector Ahmed Shiyam said this was the first time the PG had made such a request.

“They are requesting details of what happened,” Shiyam confirmed, but said the PG had not notified police of a potential course of action or what it was looking for.

Shiyam pointed out that demonstrations in certain areas, including courts and army gates, are prohibited by the Regulation on Assembly.

“Members of the Maldivian Democratic Party (MDP) and Dhivehi Rayithunge Party (DRP) have both gathered in these areas though, even though we have requested them not to. Some of them have gone to the army gates and the President’s gate as well, so occasionally we have to address the issue,” he said.

The police have been asked to provide the information before Wednesday this week.

On Thursday October 20 the MDP national council conducted an emergency meeting and approved a resolution to launch a protest against the judiciary, claiming judges were unduly influenced by the former President and his half-brother MP Abdulla Yameen.

The protesters gathered at the Supreme Court before marching towards the former President’s building Endherimaage, where violent clashes erupted between MDP activists and a few Gayoom supporters blocking the entrance to his residence.

Minivan News journalists at the scene also observed gravel, rocks, hot water and sharp metal raining down on protesters from the top floors or terrace of Endherimaage.

Several activists claimed they saw Gassan Maumoon, former President Gayoom’s son, throw stones and pour boiling hot water on the protesters. MDP activists meanwhile threw large stones at Endhirmaage and attempted to break down the door. Some windows of the house were smashed while a car parked outside was damaged.

A 17-year-old, identified as Hussein Hassan, was rushed to the Indira Gandhi Memorial Hospital (IGMH) with critical injuries after a block of wood apparently thrown from the building hit his head. IGMH later confirmed that the boy was conscious and his condition stable.

Police summoned Gassan Maumoon, son of the former President, for questioning on Saturday after a number of MDP members alleged they had seen him throw the block of wood from the balcony. Police subsequently arrested Gassan and took him to the prison island of Dhoonidhoo, and presented him at court this afternoon. The hearing is currently ongoing.

Likes(0)Dislikes(0)

Electronic voting depends on public awareness in Maldives

The Maldives has expressed support for electronic voting systems in India and Pakistan, and is taking steps to introduce Electronic Voting Machines (EVMs) to its own electoral process.

At an informal meeting of Electoral Commissioners from SAARC member countries in India, the Maldives joined Bhutan, Afghanistan, Nepal and Sri Lanka in praising India’s use of EVMs and indicated that “legal amendments would be thought of to see that EVMs were made popular to ensure free and fair polls in their countries,” Indian news outlet The Hindu reported yesterday.

Commissioners met to discuss Afghanistan’s voting procedures in light of waning financial and other aid from NATO allies.

Maldives Elections Commission President Fuad Thaufeeq said the commission, which is developing a proposal for Parliament regarding EVMs, has met with the Committee on Independent Commissions to discuss their implementation.

“So far, we have been getting information from many countries in Europe, South America and Asia which have used these. Regionally, India, Nepal, and Bhutan have used the machines and we are also getting advice from them. Hopefully the system will work, but some laws will have to be changed and the public must support the decision,” said Thaufeeq.

Prior to the 2008 Presidential election, India had offered to donate several hundred EVMs to the Maldives. “But it was the wrong time,” said Thaufeeq. “The machines India was using could not do print-outs. This year, they upgraded and added a verification process. I think it’s necessary for the Maldives to have a verification system,” he said.

Thaufeeq indicated that the commission may approach India’s High Commission to renew their offer of donations. Otherwise, he said machines will be chosen through a negotiation process with various companies, and bids may be solicited.

Electronic and internet voting systems have been used worldwide for decades, and have triggered much debate.

India first used electronic voting machines in 1982; in 2002, they became an election standard nation-wide. However, India’s 2009 elections were discredited when Omesh Saigal, an IIT alumnus and IAS officer publicly proved that the electronic voting system may have been rigged.

In 2006, the Netherlands’ General Intelligence and Security Service proved that electronic voting machines could be eavesdropped from up to 40 metres. EVMs were subsequently eliminated.

Since the 2000 presidential election, the United States has reported problems with electronic voting machines in a number of local and national elections. Mis-punched cards, security flaws, and touch screen malfunctions were some factors that have tipped votes over the past decade.

Internet voting was proposed for the Maldives’ Parliamentary elections as a means of cutting costs and confusion for Maldivians living abroad. Project Coordinator at NGO Transparency Maldives Aiman Rasheed said the motion was swiftly rejected by Parliament, and although Transparency has not been officially informed of the discussion, doubts that EVMs will be treated differently.

Observing that EVMs are acceptable under the right conditions, Rasheed explained that the advantages of using EVMs in the Maldives did not justify the disadvantages.

“In a large country with dense population centers, they can be useful,” he said. “But the Maldives is so small, and population areas are so widely spread out, with only 400 polling stations I don’t think that they would be a major improvement.”

Rasheed said the disadvantages of EVMs could have a significant political impact, and believed the public should be involved in the decision.

“I think Parliament and the Elections Commission should carefully consider the cost-benefit. Is the quick count worth the room that the new system with EVMs would leave for accusations of fraud or lack of transparency?” he said, noting that Maldivians tend to have a high “trust deficit”, and pointing out that Maldivian law does not allow for exit polls.

Building public trust is driving the dialogue over EVMs in the Maldives. Dhivehi Rayyithunge Party (DRP) Deputy Leader Ibrahim ‘Mavota’ Shareef  agreed with Rasheed’s assessment.

“There is a lot of suspicion about new innovations that people are not familiar with. If done correctly, and people are informed, then EVMs shouldn’t be a problem for democracy in the Maldives,” he said.

However, Shareef observed that “any electronic machine with passwords can be corrupted,” adding that corruption is a higher risk for small communities. He recommended the Elections Commission “prove it cannot be manipulated” by issuing public education programs through the media.

“There is no public participation in the Election Commission’s discussion right now. Many islanders are unaware of how these things work. Without building trust, there will always be suspicion,” he said.

Rasheed explained that the “trust deficit” was a symptom of a young democracy.

“The Maldives’ biggest issue is that it has only had three free elections, and those were very recent. The latest Parliamentary and Presidential elections did very well under the circumstances, but the local elections have definitely declined in terms of transparency.”

Rasheed said that during these elections, political parties and NGOs sent volunteers to observe the electoral process, promoting transparency. Although new legal framework was implemented a mere one-and-a-half months prior to the Presidential election, and three months prior to the Parliamentary elections, “they did quite well,” said Rasheed.

Local elections, which had 18 months to prepare, performed well administratively “but they did not do so well in terms of transparency,” said Rasheed.

MDP MP Eva Abdulla also believes that free, transparent elections must be routinised before electronic modifications are made to the electoral process.

“I’m not sure if we are willing to move away from the physical voting system. It’s only been three years since we began trusting independent voting procedures,” she said.

Abdulla believes that Maldivians are quick to absorb new technology, but doubts that the advantages of EVMs are relevant to the Maldives.

Previously, island geography meant that counting and recording votes could take several days. “Now, officials count the ballots in front of the people on the same day, and we have our results immediately,” said Abdullah.

The Elections Commission has a different impression of the situation.

According to Thaufeeq, the average five to six hours that manual voting procedures involve is too long, and the costs of employing workers to manage the polls is too high. He said that while the transparency of open counting is important, there are significant advantages to electronic voting.

“Responses from MPs and the general public has indicated that people are more ready today than they were three years back. People are more familiar with technology right now, an EVM is similar to an ATM, which everyone can use,” said Thaufeeq. “But above all, we want the approval of Parliament and the public, to be sure that everyone is aware and comfortable with the system.”

Public examinability of voting procedures has been identified as an essential factor of free elections by government and independent groups worldwide.

In 2007, California Secretary of State Debra Bowen commission a statewide “Top to Bottom review” of electronic voting systems. According the report, every mechanism contained at least one security flaw that would allow a single non-expert to compromise an entire election.

In 2009, the Federal Constitutional Court of Germany found that when using voting machines the “verification of the result must be possible by the citizen reliably and without any specialist knowledge of the subject.”

Although the Maldives’ plans for implementing EVMs are far from concrete, the sentiments behind the suggestion are strong.

“Historically, the Maldives has had close elections with little information, which has generated suspicion of fraud,” Rasheed said. “If people can’t see what is happening, it will feed the country’s rising trust deficit.”

Likes(0)Dislikes(0)

UN celebrates 66th anniversary

The United Nations (UN)’s Maldives office today marked the 66th anniversary of the UN’s founding with a ceremony and reception held in the UN’s Male’ compound.

Speaking at the ceremony, Vice President of the Maldives Dr Mohamed Waheed Hassan observed that the UN “is as relevant today as it was when it was first founded.”

Dr Waheed, himself a former UN employee with the UNICEF agency, noted that he had himself witnessed the organisation’s work in 16 of the 190 countries in which it had a presence.

In countries such as Yeman and Afghanistan, Dr Waheed recalled that he had seen friends “risk their lives to deliver food, medicine and books to remote parts of countries that even government officials rarely visit. I’ve worked with warlords who fear the UN because of the human rights it stands for.”

The UN had a mandate to protect people from their own government, if the government turned on its own population, he said.

“The world does not want another Bosnia or Rwanda. Libya was saved thanks to the work of the UN Security Council,” he noted.

Locally, new problems such as transnational crime, drug addiction, human trafficking, piracy, human rights challenges, climate change, “cannot be solved in isolation. Some are international issues – global problems needing global solutions,” Dr Waheed said.

Also speaking at the ceremony, acting UN Resident Coordinator Zeba Bukhari observed that despite a perception that the UN dealt primarily with peace and security, “most of its efforts and resources are actually devoted to improving the conditions of vulnerable population groups, full employment, and conditions of economic and social progress and development.”

Concrete examples in the Maldives, Bukhari noted, will include the support of electrification of islands through more efficient means and alternate energy, cost effective solutions to coastal management, water and sanitation, land use and resource management, reef systems management and waste management.

“All these efforts will be tied to better livelihoods and agriculture and fisheries opportunities, ‘green’ healthcare-related activities, disaster preparedness and mitigation measures, and greater environmental awareness especially at the community and school level,” she noted.

On October 26 the UN is due to launch a report marking the date the human population reaches seven billion. According to the report, the figure has implications for sustainable human development including climate change, food security, water and waste management, employment, and conflict and peace building.

“Some say our planet is too crowded. I say we are seven billion strong,” said UN Secretary General Ban Ki-Moon, in his UN Day address.

“We are living longer. More of our children survive. More and more of us live at peace, under democratic rule of law. As we have seen in this dramatic year, people everywhere are standing up for their rights and human freedoms,” he said.

“And yet, all this progress is under threat. From economic crisis. Rising joblessness and inequality. Climate change. Around the world, too many people live in fear. Too many people believe their governments and the global economy can no longer deliver for them. In these turbulent times, there is only one answer: unity of purpose.”

Likes(0)Dislikes(0)