Day: January 18, 2012

Delegates discuss maritime security

President Mohamed Nasheed has met with the Indian and Sri Lankan delegates in reference to the Trilateral Discussion in maritime security in the Indian Ocean region.

Delegates met separately with the President.

The discussions addressed regional maritime security concerns and possible solutions. The President highlighted the need for a regional strategy to address maritime security threats, such as piracy and drug trafficking

In June, international specialists informed Minivan News that following two attacks that month off of India’s southern coast, the Maldives’ waters were notably at risk.

Maldives National Defence Force (MNDF) however has maintained that the Maldives is not under direct threat from Somalian pirates.

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Cabinet leases two uninhabited islands for resort development

The Cabinet has decided to lease two uninhabited islands for resort development to the party currently operating Kolhumadulu Thimarafushi Domestic Airport.

During today’s discussion, the Cabinet noted that leasing uninhabited islands for resort development would help recover the cost of developing the airport last year.

The government last year reclaimed 31 hectares of land for airport construction.

Cabinet members also concluded that opening new resorts is also expected to promote industrial growth and increase job opportunities for locals.

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Chief Judge “took entire criminal justice system in his fist”: Afeef

Ministers have sought to give their legal justification for the involvement of the armed forces in the arrest of Chief Judge of the Criminal Court, Abdulla Mohamed, amid spiraling political tensions.

In a televised statement on MNBC One last night, Home Minister Hassan Afeef said military assistance was sought for “fear of loss of public order and safety and national security” on account of Judge Abdulla, who has “taken the entire criminal justice system in his fist”.

Afeef and Defence Minister Tholhath Ibrahim Kaleyfan said police requested the involvement of the Maldives National Defence Force (MNDF) in the arrest of Abdulla Mohamed.

Defence Minister Tholhath revealed that police sent a letter to the armed forces on Monday, January 16 “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety,” he said.

MNDF therefore exercised authority under chapter nine of the constitution and the Armed Forces Act of 2008 to take the judge into custody, he said.

He noted that Article 243 of the constitution charges the military “to defend and protect the Republic and its people”, while article two of the Armed Forces Act states that it must “protect the lawfully elected government of the Republic of the Maldives from any unlawful action that may in any way diminish its stature.”

Moreover, he added, the Armed Forces Act authorises the military to assist law enforcement agencies upon request, during which it would be given “all lawful powers accorded to police.”

“I assure citizens that at this critical moment the country is faced with, the armed forces will do everything it must to restore national interest and defend the lawful government,” he said in conclusion.

Afeef meanwhile listed 14 cases of obstruction of police duty by Judge Abdulla, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, and barring media from corruption trials.

Afeef said the judge also ordered the release of suspects detained for serious crimes “without a single hearing”, and maintained “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Afeef also alleged that the judge actively undermined cases against drug trafficking suspects and had allowed them opportunity to “fabricate false evidence after hearings had concluded”.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef continued, and has arbitrarily suspended court officers.

The chief judge “twisted and interpreted laws so they could not be enforced against certain politicians” and stood accused of “accepting bribes to release convicts.”

Prosectutor General Ahmed Muizz has meanwhile maintained that the MNDF acted illegally, telling local media that he would comply with an order from the Criminal Court to prosecute the Chief of Defence Forces for contempt of court, as well as those officers responsible for arresting the judge.

Muizz has also asked the Human Rights Commission of the Maldives (HRCM) to investigate the case, stating that he would decide who to charge based on their conclusions.

“The military arrested Abdulla Gazi in violation of the Judges Act. Action will be taken against those involved,” he said.

The first case against Abdulla Mohamed was brought to the President’s Office in 2005 by then Attorney General Dr Hassan Saeed, now the leader of the Dhivehi Qaumee Party (DQP).

That complaint referred to the judge allegedly demanding that the underage victim of a sexual assault reenact her attack in the courtroom. The Judicial Services Commission (JSC) subsequently dropped the inquiry.

However in an open letter to parliament in March 2011, President’s member on the JSC and outspoken whistle-blower Aishath Velezinee claimed that the politically-manipulated JSC was protecting the judge despite the existence of “reasonable proof to show that Chief Judge of the Criminal Court Abdulla Mohamed was systematically committing the atrocity of setting free dangerous criminals and declaring them innocent with complete disregard to the evidence [presented at court].”

The JSC formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but failed to present an update report every thirty days as required by article 29(b) of the Judicial Service Commission Act and had not presented a single report as of March 2011.

Opposition Dhivehi Rayithunge Party (DRP) MP Dr Afrashim Ali spoke in defence of the judge and insisted the complaints could not be investigated, but declined to provide reasons in writing to the commission.

Despite Judge Abdulla having been sentenced for a criminal offence, Speaker Abdulla Shahid pushed for his reappointment and later “bequeathed the Criminal Court to Abdulla Mohamed until 2026” under the Judges Act, which was passed hastily during the constitutional crisis period in July-August 2010.

Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) has meanwhile called for the immediate release of the judge, accusing the government of disregard for judicial and constitutional law.

Interim Deputy President of PPM, Abdul Raheem, told local media that the government was seeking the declaration “of a state of emergency”.

“Recent actions suggest [the government] is capable of anything,” he said.

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MDP to petition for removal of Prosecutor General

The Maldivian Democratic Party (MDP) intends to file a petition with parliament to remove Prosecutor General (PG) Ahmed Muizz from office.

The petition was announced during a party rally last evening at MDP headquarters during which MP Mohamed Shifaz requested MDP Chairperson MP Moosa ‘Reeko’ Manik “do this on behalf of our members who are always calling for a better judicial system”.

Shifaz said there are “many reasons why we don’t have confidence in the PG, and why many politicians have legal issues with the PG not sending cases to court.”

“Also he has good relations with [Chief Criminal Court Judge] Abdul Ghazee, people say they are always having coffees. We believe they shouldn’t have this kind of relationship in public.”

Calling for the PG’s arrest, Fuvahmulah MP Shifag Mufeed accused Muizz of incompetency in investigating corruption cases.

“To be honest, it’s the PG’s obligation to investigate the alleged US$800 million corruption case and the fact that he has failed is testament to his incompetence and violation of constitutional law”, Mufeed told local media earlier today.

The corruption case implicated former President Maumoon Abdul Gayoom’s half brother Abdulla Yameen for alleged involvement in an international money laundering racket involving the Burmese oil trade.

PG Muizz could not be reached at time of press.

Deputy Prosecutor General Hussain Shameem has said the PG Office has not been contacted by MDP, but noted that nothing required the party to communicate with the accused.

“To remove the PG a party would have to first send the motion to a committee, which would forward the motion to the Parliament floor, where the motion would only be passed with a two-thirds majority,” Shameem explained.

“But previously the PG’s position has been that if the government files a ‘no confidence’ vote in Parliament, he will resign.”

Shifaz told Minivan News that the petition would be available for signing at MDP Haruge after 8:00pm this evening, and that all citizens of any party are invited to sign.

“Our main aim is to build a better judicial system. What happened in the past, we don’t want to see again,” Shifaz said, adding that the party hoped for 5,000 signatures. He said the matter still needed to be discussed by MDP’s parliamentary group.

Local media has reported that the party intends to submit the petition to Parliament within the next two days. Parliament is currently on recess until March. However, Parliament’s petition committee president and MDP MP Mohamed ‘Colonel’ Nasheed has been requested to expedite the process.

Nasheed said, “if I get any petition I will go according to house rules.”

MDP’s motion comes 24 hours after the PG sided with the High Court and Supreme Court in requesting the release of Criminal Court Chief Judge Abdulla Mohamed.

Chief Judge Abdulla Mohamed was arrested on January 16 for corruption and for “allowing his judicial decisions to be determined by political and personal affiliations and interests”, according to a statement by Foreign Minister Ahmed Naseem.

The courts subsequently cancelled hearings, and the Supreme Court ordered the Maldives National Defense Force (MNDF) to release the judge. The MDNF today confirmed that the judge was still being held and no decision had been made regarding the court order.

PG Muizz yesterday told media that police are required to consult the PG before taking a judge into custody.

Article 223 of the Constitution requires the PG to “(a) to supervise the prosecution of all criminal offences in the Maldives” including “(d) to oversee the legality of preliminary inquiries and investigations into alleged criminal activity; (e) to monitor and review the circumstances and conditions under which any person is arrested, detained or otherwise deprived of freedom prior to trial.”

Police provided crowd control outside judge’s home at the time of the arrest.

MNDF confirmed that their officers had taken the judge into custody but did not wish to comment on matters concerning their level of obligation to the PG.

Meanwhile, in a hearing of the case filed by the judge against the police summon Deputy Solictor General Ahmed Usham said MNDF does not have the authority to make arrests related to criminal offences, reports local media.

Ushaam alleged that the Attorney General’s (AG) Office had received no details of the arrest except from what had been reported by local media.

The Criminal Court also ordered the PG to prosecute the the Chief of Defence Forces within the next three days, along with others involved in “contempt of court”.
A group of lawyers filed a similar case at the High Court yesterday after MNDF ignored orders from both the High Court and Supreme Court for Judge Abdulla Mohamed’s immediate release.
Shifaz maintained that MDP’s petition “has nothing to do with the Chief Judge’s arrest”.
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Dr Jameel summoned for questioning again, as government goes on diplomatic offensive

Police on Wednesday evening summoned Vice President of the minority opposition Dhivehi Quamee Party (DQP), Dr Mohamed Jameel, for questioning for the fourth time in a week.

Police are investigating Dr Jameel following accusations by the government that the party was attempting to incite religious hatred.

DQP council member ‘Sandhaanu’ Ahmed Ibrahim Didi, a former Amnesty Prisoner of Conscience, had called on the public to “rise up and defend Islam”, stating that “we brought [President Mohamed] Nasheed to power by mistake. Nasheed is a madman.”

Among the “slanderous allegations”, according to the government, were claims that it was “operating under the influence of Jews and Christian priests” and had been “attempting to spread irreligious practices and principles in the country.”

The government has expressed particular alarm at a pamphlet published by the party in Dhivehi entitled “President Nasheed’s devious plot to destroy the Islamic faith of Maldivians”.

The pamphlet advises that “the Jew’s plan and way of thinking is to divide Islamic countries”, and that Maldivian government officials hold secret identities as “Christian priests”.

Monuments gifted by SAARC countries during the Addu summit in November 2011 were secretly “religious statues, depicting other Gods for praying [towards].”

The traction of such allegations is hard to judge in the Maldives. Historically a moderate country, it has recently found itself facing a rising trend of religious extremism – a stark contrast to the Western hedonism of the resorts, from which the country indirectly derives 70 percent of its income.

The DQP has defended their allegations under Article 27 of the Constitution, which guarantees freedom of expression “subject to the tenets of Islam”, and is presenting this argument to foreign embassies in Colombo this week.

The government has however claimed that the party’s remarks are “racist, bigoted and anti-Semitic”.

“Freedom of speech does not entitle you to maliciously shout ‘fire’ in a crowded theatre,” President Nasheed’s Press Secretary Mohamed Zuhair has said.

Leader of the DQP, former Attorney General Dr Hassan Saeed, has refused to speak to Minivan News. Dr Jameel was not responding at time of press.

Diplomatic push

In a bid to justify the continued investigation of DQP politicians – disrupted by the Criminal Court’s refusal to grant police an extension of detention, following the arrest and incarceration of Chief Judge Abdulla Mohamed on corruption charges – the Ministry of Foreign Affairs was today briefing the international community on the “recent increase in extremist religious rhetoric being used by certain opposition political figures in the Maldives.”

The Foreign Ministry said it was “extremely concerned by the increase in extremist rhetoric used by certain politicians and NGOs, which can lead to stigmatisation, stereotyping and to incitement to religious violence and hatred.”

“The government of the Maldives shares the concern of others in the international community “at instances of derogatory stereotyping, negative profiling and stigmatiation of persons based on their religion or belief, as well as programmes and agendas pursued by extremist organizations. We also condemn, in this context, any advocacy of religious hatred against individuals that constitutes incitement to discrimination, hostility or violence,” the Foreign Ministry stated.

“Opposition politicians in the Maldives are using the new climate of free speech and freedom of the press to promote negative religious stereotyping, especially about Christians and Jews, and to incite religious hatred, hostility and violence,” the Ministry claimed.

“This represents a deeply worrying trend that can and will have a lasting negative impact on tolerance across Maldivian society,” it added.

A person familiar with the matter told Minivan News that the government had noted and archived statements made by senior political figures endorsing extremism during and following the opposition-sponsored ‘Defend Islam’ protest on December 23 last year, and was in the process of compiling briefing notes for interested international agencies.

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Comment: Maldives writing new social order

When people think about democracy immediately the mind flies to voting, elections, free speaking and parliament discussions.

Is that all it takes to be a democracy? Honestly?

Democracy, in its essence is much more than that and the main principle lies on a balance between duties and rights of both the citizens and their elected government. What I often see in countries with little experience in the subject, is that the image of democracy is being biased by media reporting on other countries bad practice and surely heavily influenced by showing shouting, criticism and disagreement between different political parties. Democracy, I’m certain, goes beyond what we might see in news and films.

Democracy is a very old social practical concept and way of ruling, born in Greece, Athens, following a popular uprising in 508 BC, a country that ironically is on the verge of collapsing and filing for bankruptcy due to the mismanagement of their elected governments over the last 40 years, which underlines the responsibility not only of the Government but the people who elected the team in power.

Coming from the Greek words “dêmo” (people) and “kratos” (power), the concept is one of the most respectable and practical social structures man created to avoid repression, misery, starving, abuse, and give equal opportunities to man and women, thus allowing society to develop by helping their citizens to grow and achieve a better standard of life. Although the word has two elements in it, I have frequently the feeling that the word “dêmo” is forgotten and only “katros” (power) is retained in daily political practice.

So what takes a government to install a democracy in a country? Moving from an era of dictatorship, a one voice ruling system, to an open and free social structure is not an easy task and it’s not free from obstacles. A society based on legal, social, or ethical principles of freedom or entitlement, being those the fundamental normative rules, needs time to learn, time to practice and time to adapt.

I believe the Dhivehi people are very much today in such position and honestly any government in power (dêmo-katros) will not have an easy task. I am not praising nor defending your government here, surely there will be big mistakes like the airport handling to GMR, a fatal and nonsense approach to liberalism that Maldives will pay sooner or later, but experience shows that moving a country from a harsh past to a bright future will never be a popular task.

Maybe one of the best symbols of a consolidated democracy is when people stops saying “us and them” and just say “we” when talking about the elected team. I’m afraid Maldives is not yet there by the look of things.

Democracy brings along rules, duties and responsibilities that will neither be accepted easily nor quickly. Spain and Portugal first democratic governments know about that as both needed several decades to recover from 50 years of fascism and “throat slashing”, somehow thus being still today far away from other European countries.

As humans tend to resist changes, as it is somehow natural that people tend to go back to their comfort zone, thus the Maldives might see and suffer attempts to go back to the old ruling system (it happened in Spain the 23 February 1981 – six years after democracy was installed, a coup d’État took place by some generals of the army and a military assault of the parliament took place).

Obstacles will be several before the real democracy will be in place.

One thing certainly helps often a lot to speed up the process: the love the citizens and government have for their own country. Is this the case of Maldives? I really do not know. How deep and far do Maldivian love their country? I certainly I am not the one to answer the question.

Democracy at its beginning is risky if not closely surveyed due to the mentioned old behaviors insisting in coming back and ruling everybody’s life once more.

People think all is possible under a democracy including destroying the new system. In those situations the government has to be strong and not fall into the trap of patronising people, neither fearing their reactions, or the snake enchantments that the past will re-install.

An example of what I’m saying are the following historical facts: in 1981 Juan Carlos I, the King of Spain, solemnly declared in a clear and energetic way, during the coup d’État, that Spain would never go back to a fascist structure. The king’s firm position, was the most clear landmark the country could have in its path to democracy. Maldives might need a bit of the same, these days.

In today’s world, going back is not an option to be considered. So, does it means that the present government has to stay in power for ever? For another 30 years like the one before? I’m not the one to answer the question but the Maldivian people have something to say on the subject, I’m sure.

Democracy brings along respect for the law. A law based only in facts and equal rights and opportunities, being such mechanism a vital one to make people feel it is worth the change. Such a mandate, “one law for all”, has to be the first change to be made visible, thus fighting the old regime where law was equal to the interests of the ruler, often based on bribery and a system of favoring friends. Avoiding this will not be easily done but is crucial for the survival of democracy. If a government fails in this chapter, the failure will be massive.

Democracy means as well obedience. Armed forces are no longer the arm of persecution but the arm of law. That makes a big difference for a country. The same applies for judges.

The greatest difference, nevertheless, is that men and women are no longer just a labor force to serve a few, but are a vital resource in the country’s development and thus need to be treated as such.

That is the meaning of the word citizen, the soul of democracy. Universities, schools, opportunities and wellbeing for all, including the creation of jobs, are now THE priority, whereas in the past the priority was to fill the belly (if not the bank account) of the boss and his friends.

A real democracy never looks at the gender of its citizens, all deserve the same opportunities. In this sense, women have always had an important role in the family and community. In the early history of the Maldives, it was not uncommon to have a woman as a Sultana or ruler and it has been suggested that the society was once a matriarchy.

The Maldives is today writing a new social order, the step outline of its future. Once it will be written it will be the next generations that will judge. May Maldives become a very respectful country in the world.

Antonio V is a former teacher of the PF-IDEC University in Barcelona. He works as an adviser of management teams and is the coach of the High Management of the Catalan Police among other organisations. Antonio is a psychotherapist in the executive management area and former share holder of a business in the Maldives.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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