Day: January 19, 2012

SAARC Secretary General attacks government over detention of Chief Judge

The Maldivian government has clashed with the youngest and first female SAARC Secretary General, Fathimath Dhiyana Saeed, over the legality of its arrest of Chief Judge of the Criminal Court Abdulla Mohamed.

Speaking at a press conference held by a group of lawyers contesting the legality of Judge Mohamed’s arrest, aired on Jumhoree Party (JP) leader Gasim Ibrahim’s VTV last night, Saeed accused the government of ignoring the law and called for parliament to oppose the ruling body.

The government does not have the authority “to say ‘we will act on this article, and this article does not exist for us’,” Saeed claimed. “This is not something we can pick and choose.”

The government’s rejection of court orders to release the judge could “only be solved by the people”, Saeed said, but added this should be through the parliament “and not by coming out on the roads”.

The government has expressed outrage over Saeed’s television appearance, arguing that her position as SAARC Secretary General demands her political impartiality in the internal affairs of all SAARC nations – including her own.

Article one of the SAARC Charter emphasises “strict adherence to the principles of the United Nations Charter and non-alignment, particularly respect for the principles of sovereign equality, territorial integrity, national independence, non-use of force and non-interference in the internal affairs of other States and peaceful settlement of all disputes.”

President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair, said Saeed’s stating her “personal, private position” on VTV “clearly contravened the SAARC Charter”.

“The SAARC charter forbids interference in the matters of any state, including the state she represents,” Zuhair said.

“She should have resigned and then taken her stand, or brought her concerns to us – or someone like the Attorney General. We are her colleagues. This is at best very dishonourable,” Zuhair said.

He claimed that Saeed had pledged her allegiance to the government “and her husband (Abdulla Jabir) is head of the Maldivian Democratic Party (MDP) and a senior member of the party,” Zuhair said. “Even should she resign, [her behavior] is still dishonourable and indecent. “

Saeed reacted angrily to Zuhair’s allegations and said his comments were not indecent, and that she had not violated the SAARC Charter.

“I am first and foremost a Maldivian citizen. It is my right [to comment] on whatever happens in my country, and I will not give away that right. As a lawyer I am also a member of the Maldivian bar,” she told Minivan News.

“[The Chief Judge’s detention] is a violation of individual human rights, a violation of the independence of the judiciary, and the violation of the constitution,” she stated.

“The constitution defines how a person should be detained, and this is not an ordinary person, this is a judge. Up until last night no one even knew where he was held.”

If the government contended that Abdulla Mohamed had violated the constitution, “he has to be dealt with within the confines of the law,” she insisted. “The government should not take the law into its own hands.”

“This action is very clearly unconstitutional. If you look at the how the government has acted these last three years you can see a trend. The government thinks any means to an ends is alright,” she said.

Saeed said she did not wish to comment on whether she intended to resign.

The government has meanwhile contended that Abdulla Mohamed’s detention is legal under the President’s mandate to protect “the letter and spirit” of the constitution, arguing that not only had he corrupted elements of the judiciary in favour of the political opposition, but that the constitutional body mandated with overseeing the judges – the Judicial Services Commission (JSC) – had also been politically compromised.

The JSC 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 possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

In May 2011 the JSC abolished its complaints committee. By its own statistics, of the 143 complaints received in 2010 concerning the conduct of judges, none were tabled and only five were ever replied to.

Chair of the JSC’s dissolved complaints committee, former President’s Member of the JSC Aishath Velezinee who was stabbed in the street in January 2011, said at the time that the complaints committee had been unable to operate as the chair of the JSC, Supreme Court Judge Adam Mohamed,  had persistently scheduled timetable clashes.

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State Minister briefs US envoy on Maldives’ extremist rhetoric

Minister of State for Foreign Affairs Aslam Shakir met with Deputy Assistant Secretary of the US Department of State, South and Central Asia Affairs Dr Alyssa Ayres to address the “ongoing extremist religious rhetoric” currently at play in the Maldives political arena.

During the meeting State Minister Shakir highlighted the need for judicial reform, claiming that the current judicial system “has not lived up to international norms and obligations”, a statement from the Ministry of Foreign Affairs read.

Shakir further stated that “powerful, rogue judges” had undermined accountability, effectiveness and independence in the judicial system.

Citing a report from the International Commission of Jurists (ICJ) released in February 2011, State Minister Shakir specified a lack of standard evaluation mechanisms and the strong lack of transparency at the Judicial Services Commission (JSC).

The Maldives government has unconditionally accepted the ICJ recommendations for reform, however the judiciary has yet to formally accept them.

Addressing the pamphlet lately circulated by minority opposition Dhivehi Quamee Party (DQP), termed “hate speech” by the government, the Minister noted that the contents incited religious hatred and violence, particularly against Jews and Christians.

The State Minister expressed concern that the “extremist rhetoric” would lead to Maldives’ alienation in the international community.

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Career guidance program inaugurated at MAPS College

Vice President Dr Mohamed Waheed inaugurated the MAPS college career guidance program at the college this morning.

In his speech, Dr Waheed congratulated college administration for its achievements in pushing MAPS college to new levels of success.

Making note of the government’s decision to provide higher education opportunities to an addition 1,000 Maldivians, Dr Waheed said the budget for the initiative has been finalised.

President Mohamed Nasheed recently addressed the public on the issue of providing work skills training and job opportunities for young people, who constitute a quarter of the Maldives population.

In the atolls, half the young women and a quarter of the young men are unemployed.

Dr Waheed today emphasised the need for greater career opportunities, and thanked MAPS for its effort to provide career guidance to its graduates.

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Communication Minister’s comment on withdrawing broadcasting licences “just advice”

The Maldives Journalist Association (MJA) and the Maldives Broadcasting Commission (MBC) have raised concerns over an alleged “threat” to the media from Minister of Transport and Communication Adhil Saleem, after he claimed that the broadcasting licence of media stations “misleading the public” would be revoked.

Adhil reportedly made the remarks during a meeting on Thursday with members of MBC, the broadcast media’s regulatory body.

Following the meeting, MBC held a press conference in which the commission President Badr Naseer contended that the commission legally reserves the right to suspend or renew a licence while according to section 44 of broadcasting commission courts hold the right to revoke a licence given to a media station.

Therefore, he argued, Minister Adhil’s threat “does not have any legal weight”.

He also said that the commission is deeply concerned by the “continous threats faced by the media despite the right to freedom of expression guaranteed under section 27, 28 of the constitution.”

Meanwhile, in a statement released by the MJA, the association condemned Adhil Saleem for “threatening to revoke the licence”.

The government is influencing the role of free media, and continuously attempting to defame some media organisation, the statement reads.

MJA also reiterated that it was the responsibility of the MBC and media council to monitor and take action against organisations breaching editorial policy and laws, not the government.

However, speaking to Minivan News today, Minister Adhil refuted the allegations.

“I did not threaten the media. It was just advice,” Adhil explained.

Adhil said that he met with the MBC members to notify them some of the TV stations covering the protest last night aired recorded content describing it as live events.

“I was watching the TV last night. What they showed was a mix. They showed recordings of yesterday and earlier protests with the live caption on-screen,” he alleged.

The stations must remove the live caption from screen if the telecasted events are not live, Adil argued, “otherwise it is misleading the public”

“I told [MBC] that as the governing body I expected the seven members – who are highly paid by the state – to monitor the situation, even if they don’t have the necessary means,” Adil said.

“If for whatever reason the regulatory body fails to monitor the situation, I said I will withhold the licence,” Adil said.

Speaking to Minivan News, senior officials from VTV and DhiTV insisted that the channels did not broadcast any “manipulated content” to deceive the public.

They also argued that using previous footage of interviews and scenes during live coverage was not something new, and was widely practiced in the international media.

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Sewerage systems available to 80 percent population by 2013: President

President Mohamed Nasheed today announced that 80 percent of the Maldives population of 350,000 will have access to proper sewage systems by next year.

The President spoke today at the official launch of the start sewerage system established in Mahibadhoo.

Modern sewage systems and liquid waste disposals are baseline requirements for public health safety, the government maintains.

When his administration took office in 2008, said the President, only 22 per cent of the people had adequate sewage systems. Over the past three years that figure has climbed to 50 percent, he claimed.

The government is also pursuing projects with international donors to guarantee clean water on islands, particularly those whose reservoirs were contaminated during the 2004 tsunami.

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President cancels Malaysia trip over political unrest at home

President Mohamed Nasheed has cancelled a scheduled trip to Malaysia for the International Conference on the Global Movement of Moderates.

The President was scheduled to depart for Kuala Lampur last Tuesday, January 17, 2011.

The trip was cancelled due to ongoing political unrest in capital Male’. Opposition supporters have protested the detention of opposition party members over an alleged “hate speech” pamphlet, as well as the arrest and detention of Criminal Court Chief Judge Abdulla Mohamed, for the past six evenings.

Press Secretary Mohamed Zuhair has said the President was prepared to address the conference before choosing to cancel his participation.

Finance Minister Mohamed Shihab will represent the Maldives at the conference in his stead.

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Hithadhoo Court orders removal of SAARC monuments on religious grounds

Following two months of theft and vandalism, Hithadhoo Court Magistrate Abdullah Farooq has ordered the removal of monuments gifted by the SAARC nations at the 2011 SAARC Summit “Building Bridges” held in Addu City.

This week, Addu City Council removed Bhutan’s monument – a wooden sign – following a demand from demonstrators at the nation-wide opposition-sponsored ‘Defend Islam’ protest on December 23 to that effect.

The council reported that the police surveillance necessary to preserve the monuments  in the current political climate had become unreasonable.

Certain interpretations of the Quran prohibit images of living beings. The Maldives Constitution, itself based on Islamic Shariah, states that no action which violates Islam can be upheld by the courts.

Farooq identified the monuments as “idols of worship” used by non- Muslims which could allow for the growth of other religions in the Maldives.

Farooq further argued that the monuments conflict with the regulations within the Religious Unity Act and were accepted into the country unlawfully according to the Contraband Act.

“No one has the authority to import anything prohibited under the law”, he said in the court ruling. Farooq has requested the Prosecutor General to take legal action against those responsible for setting up the monuments in Addu.

The monuments were unveiled by the leaders of Bangladesh, Pakistian, India, Bhutan, Nepal and Sri Lanka to commemorate the Maldives’ hosting of the SAARC Summit. The evening prior to Pakistan’s unveiling ceremony, its monument was knocked from its pedestal by protestors.

Although individuals were not detained over the matter the Islamic Ministry issued statements claiming that the monument’s illustration of the history of the Indus valley civilisation and a bust of Pakistan’s founder Mohamed Ali Jinah were idolatrous, and requested the government to remove those SAARC monuments which conflicted with Islam.

Addu City Council returned the monument to its mount prior to the ceremony, however it was subsequently set on fire by demonstrators when religious Adhaalath Party issued a statement claiming that “no Maldivian of sound mind” would allow idols or iconography of other religions to be erected in the country.

Opposition parties including Progressive Party of the Maldives (PPM) voiced their support for the vandals, and the ensuing months Sri Lanka’s monument of its national lion was decapitated, Nepal’s monument stolen and Afghanistan’s miniature minaret of Jam was sunk in a nearby harbor.

The Pakistani monument was “part of efforts by adversaries of Islam to turn the faith that Maldivians embraced 900 years ago upside down,” the party said at the time.

Meanwhile, State Minister for Islamic Affairs Sheikh Hussein Rasheed pointed public opinion to the historical value of Pakistan’s monument.

“The Pakistan monument showed how Pakistan became an Islamic country from its Buddhist origins,’’ Rasheed has previously stated, noting that, ‘’Although the monument does not contradict Islam, it should not be kept there if Maldivian citizens do not want it to be there.’’

Removal of the contentious monuments was one of the five demands of the December 23 protesters, who also demanded that the government prohibit Israeli airlines from operating in the Maldives.

Press Secretary Mohamed Zuhair observed at the time that taking down the monuments would diplomatically be very difficult for the government, “especially when it was handed to us by another Islamic country”, however he said the decision belonged to Addu City Council.

Following the removal of Bhutan’s monument three days ago, Addu City Councillor Hussein Hilmee said the council had sent a letter to the Foreign Ministry requesting that it inform SAARC member countries that it was taking the monuments down.

Deputy Sri Lankan High Commissioner Shaanthi Sudusinghe said at the time, “We have requested that if [the government] is unable to preserve the monument that they hand it over to us.”

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Chief Judge held “in good condition” at MNDF training center Girifushi

The Maldives National Defense Forces (MNDF) last night informed Chief Criminal Court Judge Abdulla Mohamed’s wife and parents of his whereabouts and condition, following complaints made by the family.

“The judge is under our supervision at Girifushi in Kaafu Atoll (an MNDF training facility. He has no injuries and is in good condition,” said MNDF Chief Spokesperson Abdul Raheem, discounting local media reports to the contrary as “false messages”.

The Maldives’ famous underwater cabinet meeting was held off Girifushi in 2009, catapulting President Mohamed Nasheed into the environmental spotlight.

This is the first time that an individual has been held in custody at an MNDF training facility rather than Dhoonidhoo detention center. Raheem said the MNDF did not wish to specify why the judge is being held at the training facility.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request. The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz lately joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

“They haven’t followed the procedures, and the authorities are in breach of law. They could be charged with contempt of the courts”, he said.

PG Muizz added that as MNDF has violated the Constitution he has ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Raheem said the armed forces did not wish to comment on the PG’s statement.

According to government officials, military assistance was sought for reasons of national security.

In a televised statement on MNBC One on January 17, Home Minister Hassan Afeef said military assistance was sought during the arrest for “fear of loss of public order and safety and national security” on account of Judge Mohamed, who has “taken the entire criminal justice system in his fist”.

Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged. Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

The judge has also released suspects detained for serious crimes without a hearing. One murder suspect proceeded to kill another victim.

Afeef further alleged that 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.”

Defence Minister Tholhath Ibrahim Kaleyfan has said police had 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.”

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

Indicating the gravity of the moment, Minister Kaleyfan said, “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.”

The public has been protesting for six consecutive nights the detention of opposition party members who last week made statements of “hate speech” against the government, as well as the arrest of Judge Mohamed.

Meanwhile, the  ruling Maldivian Democratic Party (MDP) is circulating a petition calling for PG Muizz’s removal from office in a stated effort to clean up the judiciary.

“We are calling for a strong and independent judiciary for the people,” party chairperson and MP ‘Reeko’ Moosa Manik told Minivan News today. “The judiciary will never work without a PG, an AG, police and courts. They have to work closely.

“We have found that cases related to the opposition stay in the PG office. We do not believe the cases are being properly prosecuted,” Moosa said, estimating that the petition currently has 1,000 signatures. “We will be discussing the results in our parliamentary group before submitting it [to a parliamentary committee]”, he added.

Addressing the matter of Chief Judge Abdulla Mohamed, Moosa said, “this country will not stop for only one judge”, later adding that he holds Criminal Court Judge Abdul Ghazee responsible for the judiciary’s deterioration.

Moosa argued that MNDF’s actions against the judge were accordance with its duty to protect the Constitution. “MNDF are always responsible for the country. They are helping the police because the police currently have so many cases to investigate. The judge did not respect the police summons before, he assumed he was above the police. That’s not fair to the people.”

Speaking in his own capacity, Moosa continued, “If a judge does not respect the Constitution, who does? Article 207 of the Constitution gives the military the power to do what they need to do to defend the law.”

Moosa claimed “we will do anything to bring justice to the courts”, but added “ we don’t want to arrest anybody, we are calling on the people to please respect the country and bring justice for all.”

Spokesperson for former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), Ahmed Mahlouf, was not responding to calls at time of press, however yesterday the party accused the government of trying to tip the country “into a state of emergency”.

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