Mubarak appears in court charged with killing protesters, corruption, waste of public funds

Former Egyptian President Hosni Mubarak has appeared in an Egyptian court on charges of corruption and ordering the killing of demonstrators during the popular uprising that led to his ousting in February.

Mubarak, who had exiled himself to a Red Sea resort in Sharm el-Sheikh, was wheeled into the defendant’s cage on a hospital stretcher flanked by his sons Alaa and Gamal, in a courtroom in a police academy on the outskirts of Cairo that once used to bear his name above its door.

The 83 year-old was accused by the prosecutor of authorising the use of live ammunition for crowd control and intentionally killing peaceful protesters, 850 of whom died during the riots.

The first Arab leader to stand trial for his response to the Arab Spring was also charged with corruption and wasting public funds, and abusing his power to amass private wealth. Early forensic accountancy reports aired in the UK press suggested this could be as high as US$70 billion, while the Washington Post subsequently reported that including cash, gold and other state-owned valuables the amount could well reach US$700 billion – US$200 million more than Egypt’s GDP.

Mubarak spoke little as the charges were read out, only stating “I entirely deny all those accusations.”

The UK’s Guardian newspaper reported that Mubarak’s lawyer Farid el-Deeb, who is among Egypt’s most famous and known for both his “exquisite politeness” and “snappy dressing”, intends to present 1600 witnesses to the court.

Judge Ahmed Refaat of the fifth district of the Cairo criminal court, who is presiding over the case, meanwhile “has a reputation as Mr Clean and a track record of judging politically sensitive cases”.

Egypt meanwhile remains under the control of a military council led by a former defense minister, Field Marshal Mohamed Hussein Tantawi, who has promised a transition to democracy and has kept a low profile despite continuing protests in Cairo’s Tahir Square.

Mubarak, who ruled Egypt for 30 years, was the highest profile victim of the Arab Uprising, a series of mass protests across the Arab World that has seen the fall of many long-serving dictators, including Tunisian President Ben Ali, Yemeni President Ali Abdullah Saleh and potentially, Libyan President Muammar Gaddafi. President Bashir of Sudan has announced he will not seek another term, as has Prime Minister Maliki of Iraq.

Widespread killing of demonstrators continues in Syria, with more than 2000 deaths reported so far. Libyan casualties have surpassed 13,000 as Muammar Gaddafi clings to power despite months of NATO bombings.

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UN Special Rapporteur appeals for cooperation of Iranian government

The new UN Special Rapporteur on Iran, former Maldivian Foreign Minister Dr Ahmed Shaheed, has appealed to the Iranian government to extend its full cooperation with his mandate after the Islamic republic refused to permit the Special Rapporteur to enter the country.

In July, Iran’s secretary general of the high council for human rights dismissed “the western-engineered appointment” of Dr Shaheed as Special Rapporteur as”an illegal measure,” according to the Tehran Times.

“Iran has no problem with the individual who has been appointed as the special rapporteur, but the appointment of a rapporteur on the human rights situation in Iran is unacceptable and Iran will not accept the decision,” Mohammad Javad Larijani was quoted as saying.

According to according to the UN Office of the High Commissioner for Human Rights (OHCHR), Dr Shaheed however expressed hope that “the Iranian authorities will view my mandate as a secure and legitimate space in which to take steps to comply with its international human rights obligations, as well as an opportunity to address the areas of concern communicated to Iran during its interactions with the international community on human rights issues.”

Dr Shaheed said on his first day as Special Rapporteur that the new mandate “provides an opportunity for Iran to engage on a range of human rights issues that have been raised by the international community.”

“I issued a written communication to the Iranian authorities to introduce myself and express my interest in visiting the country,” he said. “My first report shall be submitted to the sixty-sixth session of General Assembly, and I have sought meetings with the Iranian Ambassador to the UN Offices in Geneva ahead of that date to discuss a platform for cooperation in the months ahead.”

According to a statement by the OHCHR, Dr Shaheed is seeking cooperation of the Iranian authorities in the interest of fair and accurate reporting on its human rights situation, and developing constructive engagement between Iran and the UN human rights machinery.

“Every effort shall be made to demonstrate both the steps that the Iranian authorities can take to comply with Iran’s international obligations, as well as to draw attention to the grievances of those who feel victimized by alleged human rights violations,” Shaheed stressed.

Dr Shaheed resigned as Foreign Policy Advisor to the President this week before officially commencing his duties as Special Rapporteur on August 1, 2011. Prior to his appointment as the Special Rapporteur on the situation of human rights in Iran on June 17, 2011, Dr Shaheed served as foreign minister under both the incumbent and previous administrations.

In an interview with Minivan News following his appointment, Dr Shaheed conceded that the Iranian government’s refusal to allow the Special Rapporteur to enter the country was “a challenge, but by and large they come around in the end.”

“The last time a Special Rapporteur was in Iran was in 1996. Countries eventually come round, but it takes time,” he said. “The work of the special rapporteur is structured in such a way that even if a field visit is not possible the work can continue.”

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Land Act amendments to allow private ownership of land

Parliament began debate today on amendments proposed to the Land Act of 2002 to allow citizens to use land as a commercial asset.

Presenting the draft legislation on behalf of the government, MP Abdul Gafoor Moosa explained that the amendments would allow land to be bought and sold as privately-owned assets.

“In our long history, land was used as a gift given by the government to its supporters,” he said. “After [years of] distributing land like this in Male’, the new generation gets a plot the size of a bed. There is nothing left for tomorrow’s generation.”

The amendments would create a Land and Survey Authority to draw territorial charts, conduct surveys of land use and valuate property, he added, as well as a Registrar of Land to maintain a national registry.

“So those who want to mortgage land will know the value of their land and be able to mortgage it easily,” he said, adding that the new authority would be part of the civil service and answerable to a cabinet minister.

The proposed law would introduce procedures for individuals and married couples to register state-owned land as personal property, Gafoor continued, which would provide “necessary security and protection for everyone.”

The government would also be legally empowered to seize plots that remain unused for five years, said Gafoor, while the current 15 percent tax on estate sales would be abolished.

Speaking in his weekly radio address on June 10, President Mohamed Nasheed argued that the proposed reforms to land transactions would increase the country’s wealth.

The government’s aim was to transfer land titles traditionally held by the state to individuals, said Nasheed, who would be encouraged to use the land as capital to increase their wealth.

Together with the amendments to the Land Act, the government has also proposed a bill on condominiums to create a legal framework to allow individual ownership of real estate or apartments in a single building. An additional bill on mortgages would meanwhile allow apartments to be mortgaged at the bank to obtain loans.

In the parliamentary debate today, MP Ibrahim Rasheed of the ruling Maldivian Democratic Party (MDP) observed that 80 percent of land in the Maldives was state-owned.

Rasheed urged MPs to pass the bill into as quickly as possible “to ensure for the Maldivian people their birth-rights.”

MPs of the opposition Dhivehi Rayyithunge Party (DRP), People’s Alliance (PA), Dhivehi Qaumee Party (DQP) as well as some Independents however argued that some provisions in the law conflicted with the Decentralisation Act by divesting authority from local councils.

DQP MP Riyaz Rasheed said that articles 86 through 89 of the bill were intended to “steal all the powers [afforded to local councils] in the Decentralisation Act.”

“What they’re trying to do is gift all the land in the country to these MDP people and their supporters,” he said.

Riyaz alleged that the government recently awarded a plot in Male’ to India for a new embassy building in exchange for “buying a few MPs for MDP.”

“I will dare to say this, what can you do about it, you can’t do anything,” he said. “The Maldives will soon become a small province of India, a small town. Our own identity is being taken from us and the whole country is going to become enslaved to them.”

The new administration has “sold all our assets” to India, he added.

PA MP Abdul Azeez Jamal Abubakur meanwhile concurred that the law would disenfranchise councils, recommending that experts be consulted during committee stage before the law is passed.

DRP MP Hassan Latheef suggested that the law should stipulate that councils must be consulted by the Land and Survey Authority before making decisions on land use in the islands.

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Adhaalath Party condemns Tourism Ministry’s decision over unpaid rents and fines

The religious conservative Adhaalath Party has condemned the Tourism Ministry for backing down on threats to withhold operating licenses of resorts with unpaid rent and fines.

The Tourism Ministry warned resort facilities with unpaid rents and fines to settle at least 25 percent of the outstanding amounts by July 20 or face revoking of licenses. However the ministry later decided not to follow through on the warning after at least seven out of ten resorts failed to comply within the period.

“Adhaalath Party believes that this decision made by the Tourism Ministry not to withhold the licenses will have adverse affects on society,” said the Adhaalath Party in a press statement. “It would cause the public to lose confidence in a state institute.”

Adhaalath Party claimed to have information that resorts owned by a Maldivian Democratic Party (MDP) MP and Economic Advisor to the President along with a candidate for the MDP Chairperson post were among the resorts on the list.

“This decision of the Tourism Ministry will encourage individuals and businessman not to uphold the laws,” the party said. “As a result, the state will have to face difficulties in collecting revenues owed and it is possible that it affects the domestic economy.”

The party said that it was “very irresponsible” of the Tourism Ministry to make such a decision, adding that a delegation from Adhaalath is due to meet ministry officials over the issue.

Following the Tourism Ministry’s decision, the Commissioner General of Taxation Yazeed Mohamed told newspaper Haveeru that “even if the Tourism Ministry does not take measures, MIRA will fulfill its legal responsibilities.”

MIRA is currently pursuing cases at the Civil Court against a number of tourist facilities to recover unpaid rents.

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DhiTV loses court battle for terrestrial broadcasting license

The Civil Court has ruled that the agreement made between the government and Broadcasting Maldives Pvt Ltd, the company that runs DhiTV – mentions only cable and satellite broadcasting and nothing about terrestrial broadcasting frequency.

The company had gone to court claiming the government was obligated to give them a terrestrial broadcasting frequency. DhiTV, an opposition-aligned network, currently broadcasts over cable and satellite.

Ruling on the case, Judge Maryam Nihayath said that cable, satellite and terrestrial broadcasting were three different types of broadcasting and the granting of permission for cable and satellite broadcasting did not mean that terrestrial broadcasting had to be permitted as well.

Nihayath also said the agreement made between the government and Broadcasting Maldives Pvt Ltd did not indicate that the company had been granted permission for terrestrial broadcasting, and that the rights mentioned in the agreement concerned only satellite and cable broadcasting.

Broadcasting Maldives Pvt Ltd claimed that the company needed terrestrial broadcasting permission to make the best use of the license issued by the government, and requested that the court order the state to grant permission for terrestrial broadcasting.

Concluding the verdict, Judge Nihayath said there were no grounds for the government to issue a terrestrial broadcasting frequency to Broadcasting Maldives Pvt Ltd.

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Resolution calling for investigation into alleged US$800 million illegal oil trade sent to committee

A resolution proposed by MP Mohamed Musthafa calling for an official investigation into an alleged US$800 million worth of illegal oil trade involving former President Maumoon Abdul Gayoom and MP Abdulla Yameen was sent to committee today.

The resolution was approved 52-11 and sent to the national security committee for further review.

In his closing statement, MP Musthafa of the ruling Maldivian Democratic Party (MDP) said that MP Yameen’s conceding during the debate last month that US$800 million worth of trade in oil did take place had “fulfilled the main purpose of my resolution.”

MP Yameen, who was chairman of the State Trading Organisation (STO) and long-serving Trade Minister under the previous government, however contended that the sale of oil to Burma was not illegal.

“This was done by forming a company in a country where such matters are most closely monitored,” he said. “That company is audited by STO auditors. An illegal business would not be allowed to operate in Singapore. This was not a secret trade.”

Musthafa however argued that Burma was under UN embargo at the time and “no ship registered at the International Maritime Organisation (IMO) could unload cargo at a [Burmese] port.”

As the Maldives was a member of IMO, said Musthafa, trading by sea with Burma would have been a violation of the organisation’s laws.

Musthafa added that the US Treasury Department had labelled one of the Burmese officials involved in the oil trade with STO as “the godfather of heroin.”

“The port of discharge is stated as Maldives,” he continued. “The goods are loaded at Singapore for Maldives, but at sea the ship is diverted to the Burma port.”

Musthafa alleged that there was “serious shipping fraud” involved in the trade.

“The ship owner wants the cargo and he’s told that he’ll have it only when he agrees to a clause in the agreement,” he explained. “The boat operator will say yes because he wants the cargo. The chart agreement states he would have to help ‘a sweet bill of lading.'”

Over 30 shipments went to Burma in 2004 alone, Musthafa claimed, adding that UN reports suggested that US$80 million worth of illegal oil trade at sea occurred daily, involving “corrupt government officials.”

Musthafa challenged Yameen to present 12 kinds of documents to the government to prove his innocence, including shipping documents, bank documents such as LCs (line of credit), board of resolution for forming MOCOM, documents of business transactions, tax receipts to the Singaporean government, purchase and sale contracts, bills of exchange submitted to the banks, account statements and logbooks, cargo manifests and bills of lading of the ships.

Musthafa suggested contacting the United Overseas Bank and Standard Chartered Bank to obtain the documents and seeking Interpol assistance for the investigation.

The Presidential Commission did not have the capacity to investigate fraud on such a scale, he said.

Abdulla Haseen, spokesperson of the commission, told local media last week that evidence gathered so far “suggest links between the trade and convicts serving prison sentences.”

Haseen claimed that attempts were being made to obstruct the investigation in the Maldives, “but given that investigations are being conducted abroad there is little chance for obstruction and thus we’re making progress.”

The commission was being assisted by forensic accountancy firm Grant Thornton, British law firm Lawrence Graham LLP, a Singaporean law firm and several other international organisations, he said.

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PA MP announces decision to leave party following coalition split

MP of the opposition-aligned People’s Alliance (PA) Ahmed Rasheed has announced on MNBC his decision to leave the party “to better serve the public as an independent.”

Rasheed, who spoke to the state broadcaster on Sunday, also said he was open to joining other parties “if it was within the public interest.”

The PA’s acting Secretary General Ahmed Musthafa however told Minivan News today that he was unable to confirm whether Rasheed had left the party: “We don’t believe he has moved. I saw him yesterday,” he said, adding that the party would issue a formal communication on the matter in the next few days.

“Maybe he has been pressured by another party such as the MDP to join, although I don’t think he will,” Musthafa said.

Once Rasheed officially informs parliament of his new status as an independent, his departure from the PA could force the committee composition to be revisited for a third time this session.

While the PA would be entitled to fewer seats, parliamentary rules dictate that Rasheed must be given a seat on at least one committee as an Independent.

MP Ahmed Rasheed represents the constituency of Isdhoo in Laamu Atoll, an area of strong opposition support that voted largely for PA candidates under its former coalition agreement with the Dhivehi Rayithunge Party (DRP).

The PA decided decided on July 13 to break the longstanding coalition agreement, after internal strife within the DRP saw the party split into factions loyal to its leader Ahmed Thasmeen Ali or the party’s ‘honorary leader’, former President Maumoon Abdul Gayoom.

Eleven of the DRP’s MPs met with other opposition parties, including the Jumhoree Party (JP), the Dhivehi Qaumee Party (DQP) and an independent MP to discuss the creation of a new voting bloc, one which could see the DRP’s majority control of parliament reduced to 13-15 MPs.

DRP MP Abdulla Mausoom raised concern following the split that the PA’s decision to break the coalition agreement would upset constituents in Laamu Atoll who “are very loyal to the DRP but voted for the PA tag.”

Z-DRP MP Ahmed Mahlouf responded that such islands “voted for the PA because President Gayoom asked them to do it. Even now Zaeem (Gayoom) is with the PA, they are working together. Voters in Laamu didn’t vote for Thasmeen – they voted for Gayoom.”

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Government inviting foreigners to usurp Maldivian businesses, claims MP Muttalib

A business registration bill proposed by the government as part of its economic reform package is “a deceptive ploy” to “open up the country to foreigners”, warns MP Ibrahim Muttalib.

During today’s parliamentary debate, the Jumhooree Party (JP) MP argued that provisions in the legislation allowing foreign businesses to establish branches in the Maldives and requiring at least US$1 million as capital “proves that this bill was drafted to allow foreigners to easily do business in the Maldives.”

“Under this law, a person with US$1 million would be able to easily register a business in this country,” he explained. “Considering the state of the Maldivian people, there won’t be any businessman who has US$1 million at hand. [Foreign businesses] will be able to conduct wholesale business and sell day-to-day necessities.”

Muttalib added that local businesses that trade in footwear and garments “would not have US$1 million, except for a very few people.”

He urged MPs to consider the consequence of foreign businesses entering the footwear, garment and wholesale industry: “What is being done today is part of a neighbouring country’s efforts to open up this country for its citizens,” he said.

“The Indian government proposed opening up the service industry, tourism, travel agencies, construction, health industry, social security, financial industry, maritime travel, air travel and airplane repair under a SAFTA [South Asian Free Trade Association] agreement,” he claimed. “But because all our local industries opposed it the government has decided to do it under a law.”

While the bill specified businesses that could not be conducted by expatriates – such as fisheries, agriculture and selling commodities out of a private residence – all other kinds of businesses were “opened to foreigners” under the proposed law.

“Honourable Speaker, I do not want to live in this country as a third-class citizen,” he said.

Foreign businesses understood that a relatively small amount of capital was enough to “easily bribe officials” and secure investments such as uninhabited islands, Muttalib claimed.

According to the draft legislation, the purpose of the bill is to ensure that businesses, partnerships and cooperative societies operating in the Maldives are registered; specify what kind of businesses must be registered along with procedures for registration; and oblige businesses to submit information to the Registrar of Businesses.

MP Abdulla Mausoom of the Dhivehi Rayyithunge Party (DRP) meanwhile expressed concern that allowing foreign businesses to establish branches in the Maldives could pose challenges to local industries.

Mausoom argued that the US$1 million stipulated as a minimum capital investment for foreign businesses was too low: “All around us, whether it’s India, Celyon [Sri Lanka], Singapore, Malaysia or Africa, are looking at the Maldives; [because] their countries are saturated they are ready to do business in Maldives.

“If we open up too easily like this, [foreign] businesses will pose serious challenges to our small businesses,” he said, suggesting more restrictions to protect local industries.

MP “Reeko” Moosa Manik, acting chairperson of the ruling Maldivian Democratic Party (MDP), noted that there were numerous unregistered businesses operating in the Maldives by foreign parties.

“In the woods in some islands, especially [Laamu Atoll], there’s even an immigration department,” he said, adding that he has learned of work visas approved for ten people under the name of one person. “There’s no particular business done by these people, in sum they’re involved in all business.”

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Release of inmates will be gradual and supervised, says Zuhair

The impending release of close to 400 convicts announced by President Mohamed Nasheed on Independence Day will be “a gradual and supervised process,” Press Secretary Mohamed Zuhair has said.

Zuhair explained that a coordinated effort involving the Home Ministry, Health Ministry and the Department of Penitentiary and Rehabilitation Services (DPRS) was currently ongoing.

“[The process] will be divided into phases. All 400 convicts won’t be released at once,” he said.

Zuhair added that the release would be the culmination of months of “an integrated effort” by the concerned authorities to categorise and interview inmates.

“The government has not decided to do this all of a sudden,” he said. “The screening process has been going on for months.”

The interviewing and evaluation process was still ongoing, he continued, and inmates were being categorised to determine whether they needed to enter a rehabilitation programme or other training programmes.

Inmates are to be granted jobs in government companies with a minimum Rf2,000 salary (US$130).

In some cases, said Zuhair, there were “legal complications” caused by some convicts serving multiple sentences.

Zuhair stressed that the inmates would have their “sentences suspended” for a period of three years, during which they would immediately be returned to jail if they were found to have committed any kind of offence.

He added that the released convicts would be subject to “monitoring and constant supervision by the government.”

The authorities are currently engaged in securing job placements and finalising the rehabilitation programmes, he said.

On fears of the released convicts contributing to a rise in crime during Ramadan, Zuhair argued that the government had a “proven track record” with its previous programmes.

Out of 119 inmates released in the past, said Zuhair, only two were arrested and returned to jail.

The vast majority of inmates in Maafushi jail and Himmafushi low-security prison were incarcerated for drug-related offences.

Opposition Dhivehi Rayyithunge Party (DRP) Deputy Leader and Spokesperson Ibrahim ‘Mavota’ Shareef meanwhile stressed that “a balance” should be struck between the security of society and the need to rehabilitate offenders.

“We accept that rehabilitating convicts should be the main priority, but it should be done within a strong rehabilitation programme,” he said. “Law and order and the peacefulness of society must be maintained. If not, the whole country could turn into a jail.”

Shareef also cast doubt on the figures provided by the press secretary: “We don’t believe such numbers given by this government as they always mislead and lie to the public. The public doesn’t have confidence in what the government says anymore.”

He added that previous rehabilitation and parole programmes were not particularly successful in reintegrating inmates into society.

However, said Shareef, “we don’t believe that [convicts] should forever stay in jail either. They are also the children of our friends and families. We will not oppose releasing them through a strong and sound rehabilitation programme.”

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