Day: January 25, 2012

Fisheries industry at stake as activists threaten to withdraw ‘dolphin-safe’ label

The Maldives tuna industry’s dolphin-safe reputation is under threat after US-based non-profit environmental organisation, Earth Island Institute (EII), launched a campaigns with ECOCARE Maldives against a proposed dolphin lagoon.

The lagoon is an educational and recreational program proposed by famous tennis player Amir Mansoor,  involving 6-8 trained dolphins imported from the Caribbean.

EII, which issues the dolphin-safe label to 93 percent of the world’s tuna market – including 14 Maldivian companies – has said it will rescind the label from government-owned canneries should the government approve Mansoor’s program. EII claims to have already warned foreign buyers and distributors of its concerns.

Mansoor and staff accuse EII and ECOCARE of “threatening” the fishing industry, while their opponents maintain that importing dolphins will damage the Maldives’ “Always Natural” image, as well as endanger marine life. Both sides have accused the other of corrupt dealings.

Meanwhile, cannery and government officials are slowly siding with the activists, citing legal and economic reasons.

A November 3, 2011 EII press statement read, “the Maldives tuna industry has adopted a policy to ensure that no dolphins are ever killed in tuna nets.”

“That Dolphin Safe standard is respected all over the world”, Dolphin Safe program Associate Director Mark Berman told Minivan News. “If the Maldives’ government allows live dolphins to be imported into their country, the Dolphin Safe reputation of the Maldives will be jeopardised. Major tuna importing nations will not buy tuna from governments that harm dolphins.”

Senior management officials of Dolphin Lagoon Maldives claim the goal is to provide dolphins born and raised in captivity with a healthy lifestyle, while educating and entertaining the public.

“The proposed lagoon is the largest in the world for the small number of dolphins that will inhabit it,” said a source involved in establishing the lagoon, who requested anonymity. The dolphins would be “taken for a ‘walk’” on a daily basis and allowed to swim away from the group if they so desired. The choice to return to the lagoon after an excursion would be voluntary, the source stated.

The program’s website contends that people are critical to conservation – ”but they will only become engaged in helping to solve the problems if they get to understand something about the problems… through knowing the dolphins.” School programs are also in the works.

“We need something new in tourism because the Chinese don’t want to pay for bars, scuba, and safari,” said Mansoor, who said he believed opposition to the project was “motivated by jealousy”.

EII and ECOCARE meanwhile maintain that “captivity is captivity.”

Dolphin safe

A letter sent from the lagoon program to EII staff claimed, “Mr Berman is deliberately using the ‘ dolphin safe ‘ label provided by his organisation to the tuna fisheries companies in the Maldives as a tool for his campaign. Confusing the real meaning of the ‘dolphin safe’ label and trying to make people believe that dolphin safe also means that the country has no dolphin program.”

According to the EII website, the companies licensed with the dolphin-safe label must meet the following criteria:

  • No intentional chasing, netting or encirclement of dolphins during an entire tuna fishing trip;
  • No use of drift gill nets to catch tuna;
  • No accidental killing or serious injury to any dolphins during net sets;
  • No mixing of dolphin-safe and dolphin-deadly tuna in individual boat wells (for accidental kill of dolphins), or in processing or storage facilities;
  • Each trip in the Eastern Tropical Pacific Ocean (ETP) by vessels 400 gross tons and above must have an independent observer on board attesting to the compliance with points (1) through (4) above

Lagoon program officials asked EII staff, “Where is the relationship between having a dolphin lagoon, as proposed for the Maldives, and the purpose these labels are used for? Where does it say in order to have a dolphin-safe label the country can not have captive born dolphin programs? In fact, if they are related, why is the same organisation that is providing these labels to the Maldives still supporting other countries that have dolphins in captivity like Indonesia, Malaysia, Singapore, China Portugal, Spain, and most shocking of all, even companies in countries such as Japan, Peru and Brazil which kill dolphins for food?”

Mansoor claimed these and similar questions sent to EII have not been answered. Speaking to Minivan News, Berman pointed out that all companies licensed in the US, Japan and other listed countries are privately operated and “don’t support trade in dolphins.”

Berman added that EII has successfully campaigned against several dolphin programs in the US, including a dolphinarium in South Carolina and dolphin parks at Great America and Six Flags Amusement Park in Texas.

While EII licenses all Maldives’ tuna canneries, only government-owned companies – Felivaru, Koodoo and Maldives Industrial Fishing Corporation (MIFCO) – would be affected by a government decision, Berman said.

Point 12 of the EII licensing form states that a licensed fisheries’ “subsidiaries or affiliates worldwide do not participate in, or profit from, nor is the company connected to companies involved in, whaling operations, dolphin drive fisheries, live capture and or traffic of marine mammals for zoo and aquarium trade.”

The government – which is not itself a company- does not subscribe to an official dolphin-safe policy. However EII would consider its decision to reflect directly on tuna canneries’ dolphin-safe licenses.

“If the government allows the import of dolphins, these companies will violate the dolphin-safe policy,” Berman said, warning that “if I tell Thai Union tomorrow to stop buying tuna from Koodoo, they will cancel their orders.”

Who’s in charge?

The lagoon program has been shuttled around the ministries of Environment, Finance, Fisheries and Tourism, according to Fisheries Minister Ibrahim Didi. It has not yet been approved.

According to Didi, program management did not agree with Cabinet’s assessment of the program as 100 percent tourism, and “it was only by chance that I was at a meeting and found that the program concerned fisheries”.

On January 3, EII’s executive director David Phillips sent an email to Didi urging the government to reject the lagoon program.

Echoing EII’s claim that allowing imported dolphins would open the market for other projects, threatening the indigenous population and even inviting the ‘dark side’ of the dolphin trade – poachers – Didi said “some legal issues have been raised because the program violates Fisheries’ and Environment laws.”

The Maldives Ministry of Fisheries maintains good relations with EII and Mark Berman, State Minister Dr Hussein Rasheed said last week.

However, “the Maldivian government is not a client to the EII and we are considering the needs of the industry and remaining aware of the market,” he said, adding that regardless of the dolphin-safe label, no dolphin has been reported injured or killed during a Maldivian tuna fishing trip.

Rasheed claimed the government would weigh the Maldives’ economic base – tourism and fisheries – against the concept of the Maldives as ‘always natural’.

“Any decision has economic complications – approval of the lagoon program will have a cost, and disapproval will have a cost. We will not compromise the liability of our tuna industry. But then again, we have to move along and encourage innovation and entrepreneurship. This is how society progresses. We must also look at the long term impacts of a decision on our economy and our image in the world. Everything has to be fair,” he explained.

Meanwhile, government canneries are sheepishly stunned.

MIFCO’s Sales and Marketing Director Adley Ismail said the fishery took pride in its dolphin-safe status, but “don’t see the relationship between the tourism industry and our practices.”

“In a sense, we are on [Berman’s] side because we don’t want the label removed,” he said, while Koodoo Fisheries’ Managing Director Abdulla Thasleem noted that without the label the premium on canned tuna would drop.

MIFCO recently entered a joint venture with Thai company Mahachai Marine Products, however Berman said that without the dolphin-safe label it would be forced to sell its shares.

Felivaru’s Head of Production Solah Mohamed put his trust in EII. “In my opinion, a dolphin park is not a good idea – it would indirectly harm the fisherman. If EII is against it we should be too because with their power, EII can do many things,” he said.

ECOCARE Chairman Mohamed Zahir said he would encourage and “pressure” the fisheries, with which Berman met on Monday, to write letters to the government opposing the lagoon.

The origins of ‘dolphin-safe‘

In the late 1980s the world’s three largest tuna companies – Starkist, Bumblebee and Chicken of the Sea – jointly boycotted tuna caught using methods threatening to dolphins, killing off 80 percent of the market between 1988 and 1990. That year, Starkist partnered with EII to promote dolphin safety monitoring in the tuna fishing industry; in late 1990 the Maldives’ only government fishery at the time, MIFCO, signed the dolphin-safe tuna fishing pact.

EII’s dolphin-safe label, one of six such labels, has become a standard adhered to by 90 percent of the tuna fishing industry world-wide. According to Berman, countries that haven’t subscribed to the label, including Mexico and Venezuela, have virtually no market access.

For this reason, however, the World Trade Organisation (WTO) ruled in September 2011 that American dolphin-safe tuna labels are “overly restrictive” in comparison to international standards and violate free trade agreements with Mexico. The US appealed the decision on January 20, 2011.

‘Always Natural?’

Maldives’ centuries-old ‘pole and line’ fishing method is both dolphin-safe and a source of national pride. Zahir argues that Mansoor’s program would violate this tradition.

“We oppose the program because it is against our culture; it would introduce the Atlantic bottlenose dolphin which is an alien species and could transmit diseases to marine life; it doesn’t support education; and it’s contrary to the Maldives’ ‘Always Natural’ brand,” he said, noting that “it would be very easy for EII to buy an ad to display all over the world that reads ‘Always Natural?’ instead.”

The veterinarian handling the dolphins slotted for import, Thomas H. Reidarson , said the dolphins would undergo standard tests as well as extensive screening “to insure that none are capable of transmitting diseases to wild dolphins with whom they might interact.” Program management added that the tourism industry – which draws increasing numbers of speed boats, sea planes, divers and waste – is threatening the Maldives’ dolphins’ natural habitat.

Zahir dismissed the claims as “an excuse to have captive dolphins” while Berman retorted that any health certificates are “likely bought”.

“We can take this to the international media, but we don’t want to give the country a bad name”, Zahir explained, adding that “the fisherman’s union has said it would be no problem to mobilise fisherman to march in the streets of Male’ if the label is withdrawn.”

Berman warned that distributors and foreign partners of the Maldives’ government fisheries have already begun looking for new sources following conversations with EII. “It’s a premium product, and the companies are acting fast to guarantee their business interests,” he said.

Even if private canneries retain their dolphin-safe labels, Berman estimates they would be unable to meet the huge consumer demand displaced onto their operations once government canneries close their doors. “Felivaru and Koodoo have already said they would have to close without the label,” he said.

Stuck at Odds

While EII and ECOCARE are strongly opposed to the lagoon program, they have yet to have any direct dialogue.

“We don’t care who is behind it, we don’t have to go and ask why or how, we aren’t journalists who have to do a check and balance of what is right or wrong,” Zahir said. “We only respond to the government gazette.”

Correspondence obtained by Minivan News indicates that EII staff did not respond to a majority of emails from lagoon program staff, who challenged the EII’s threat. Berman explained, “our business is with the government and the fishing industry.”

“There is no common ground in a dialogue with dolphin traders. It’s like talking to an orangutan – what’s the point?” he said, adding that invitations to debate with various captive dolphin programs in the US have never received a response.

Berman and ECOCARE did attend the web launch of Dolphin Lagoon Maldives near the Tsunami Memorial on Monday night. Berman later told Minivan News that he attended the event as a “peaceful observer” but was “shoved, threatened and a bit manhandled” by protesters at the launch.

Alleging that the aggressors were “hired thugs”, Berman said the behavior was “typical of the captive dolphin industry, they resort to violence and intimidation. Our policy is if it’s too dangerous for us to work, we pull out – with the dolphin-safe label,” he added.

Mansoor, who said he did not witness the incident, was aware of an aggressive verbal exchange “but there was no physical confrontation.” He claimed the activists had been arguing their point of view with bystanders at the launch. “They came to create a scene. I gave clear instructions to my staff not to make a scene because I suspected they would want one to give us bad publicity,” he said.

According to Mansoor the Cabinet has approved his program, however he is working with the President’s Office against EII’s demands. He argued that EII’s claim about its contract “is all crap” and is being used to “threaten” the fisheries.

Correction: Previously, this article stated that dolphins would be free to leave the lagoon and are recalled from excursions by a whistle call. In fact, dolphins would be free to roam during daily excursions after which they return voluntarily.

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Religious intolerance sees Maldives drop to 73rd in Press Freedom Index

The Maldives has fallen 21 places on Reporters Without Borders (RSF)’s press freedom index between 2010 and 2011.

The country is now ranked 73, level with the Seychelles and below Sierra Leone but still well above many countries in both the region and the Middle East countries, including Qatar, Oman and the UAE.

The Maldives took a giant leap in 2009 to 51 following the introduction of multiparty democracy – in 2008 it had been ranked 104.

RSF has however recently expressed concern at the rising climate of religious intolerance in the Maldives and its impact on freedom of expression.

“A climate of religious intolerance prevailed in the Maldives, where media organisations were subjected to threats by the authorities and had to deal with an Islamic Affairs Ministry bent on imposing Sharia to the detriment of free expression,” RSF stated.

In November 2011 the organisation reacted to the Islamic Ministry’s order to block the website of controversial blogger Ismail ‘Hilath’ Rasheed, stating that “the increase in acts of religious intolerance is a threat to the Maldives’ young democracy”.

“Incidents involving media workers are rare but that is only because most of them prefer to censor themselves and stay away from subjects relating to Islam. The government should not give in to the fanatical minority but must do all it can to ensure the media are free to tackle any subjects they choose,” the organisation said.

Rasheed was subsequently arrested on the evening of December 14 for his involvement in a “silent protest” calling for religious tolerance, held on Human Rights Day. The protesters had been attacked and Rasheed hospitalised after being struck with a stone.

On his release without charge three weeks later, Rasheed expressed concern for his safety.

“The majority of Maldivians are not violent people. But I am concerned about a few psychotic elements who believe they will go to heaven if they kill me – people who don’t care if they go to jail for it. Those people I am afraid of, and I will not provoke the country in the future,” he told Minivan News.

In September 2011 the government published new ‘religious unity’ regulations enforcing parliament’s religious unity act of 1994, with a penalty of 2-5 years imprisonment for violation.

Under the regulations, the media is banned from producing or publicising programs, talking about or disseminating audio deemed to “humiliate Allah or his prophets or the holy Quran or the Sunnah of the Prophet (Mohamed) or the Islamic faith.”

More recently several journalists with the Maldives National Broadcasting Corporation (MNBC) were beaten, threatened and tasered after protesters from the opposition and ruling Maldivian Democratic Party (MDP) clashed outside the station. Both sides blamed each other for the attacks, while MNBC said it would no longer cover the ongoing protests on scene.

The government meanwhile claimed that its commitment to media freedom is “absolute and unwavering.”

“President Nasheed’s administration never has and never will do anything to undermine the independence, integrity or professionalism of the media,” said President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair.

Zuhair’s comments followed allegations that Communications Minister Adhil Saleem had intimidated journalists by threatening to withdraw broadcasting licenses, which Zuhair claimed was “merely” a reaction to “certain TV news channels acting unprofessionally when airing footage of recent protests.”

Despite the fall, the Maldives was still ranked significantly higher than many other countries in the region.

Sri Lanka fell to 163, continuing a steady decline over the last decade (it was ranked 51 in 2002).

“The stranglehold of the Rajapakse clan [has] forced the last few opposition journalists to flee the country,” RSF said in a statement on the release of the 2011 Index.

“Any that stayed behind were regularly subjected to harassment and threats. Attacks were less common but impunity and official censorship of independent news sites put an end to pluralism and contributed more than ever to self-censorship by almost all media outlets.”

Bangladesh fared poorly (129) – “despite genuine media pluralism, the law allows the government to maintain excessive control over the media and the Internet” – while Nepal (109) showed modest improvement with a drop off in violence between the government and Maoist rebels.

India’s position fell (131) after the government unveiled the “Information Technology Rules 2011, which have dangerous implications for online freedom of expression. Foreign reporters saw their visa requests turned down or were pressured to provide positive coverage.”

Pakistan (151st) meanwhile remained the world’s deadliest country for journalists for the second year running.

Finland, Norway, Netherlands, Sweden and Switzerland were ranked as having the greatest press freedom, while North Korea and Eritrea fared the worst.

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Work permits to go cyber next month

Applications for work permits in the Maldives may be submitted on-line starting February, the Human Resources Ministry (HRM) has said.

The system changeover will take place on February 1, 2012.

HRM has worked with the National Centre for Information Technology (NCIT) to create the internet-based work permit system.

According to local media, applications for new worker quotas must be submitted through the new system as well, while employment agencies are also asked to register via the new system.

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30 Sri Lankan prisoners injured during prison riot

Rioting inmates in Sri Lanka’s main remand prison in capital Colombo were met with tear gas and gunfire on Tuesday, January 24.

Approximately 30 inmates were wounded including five prison officials, media reports. Most injuries were minor however two individuals are in critical condition.

Most injuries were gunshot wounds sustained below the knee, indicating an intent not to kill.

Colombo Page reports that 187 hardcore LTTE suspects have since been moved into a separate prison facility.

According to media reports inmates began rioting at Magazine/Welikada prison to protest overcrowding and the poor quality of food, setting fire to some buildings in the process. The prison’s record room was targeted, reports the BBC, however the damage is not irrevocable.

Head of Sri Lanka’s prison department admitted to BBC reporters that prison conditions were below standard.

In 2010 over 50 police and prison guards were wounded in a clash with inmates after attempting to seize cell phones which were being used illegally.

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Maldives battling heroin epidemic: Sydney Morning Herald

Beyond the idyllic white-sand beaches and cerulean seas of the Maldives is a country facing a spiralling drug epidemic, writes Ben Doherty for the Sydney Morning Herald.

For several years, the country has been flooded with cheap, low-grade heroin – ”brown sugar” as it is known on the streets of Male – smuggled into the country in boats from the Afghanistan-Pakistan region.
The exact number of drug users in the far-flung Indian Ocean archipelago is hard to know. In a conservative Muslim society where drinking alcohol is illegal, discussion of a drug habit is taboo.

Some reports suggest there are 30,000 regular drug users in the country. Two years ago, the United Nations Development Program estimated 40 per cent of Maldivian youth were using hard drugs.

”This is a small community here. Every family here has been affected by the drugs problem in some way. All of us suffer,” Fatimanth Afiya, the chairperson of the Society for Women Against Drugs, says.
”Heroin is the big problem. It is cheap, and it is easy to get.”

The ready availability of drugs is compounded by social factors in the Maldives. Despite having the highest gross domestic product per capita in South Asia (thanks largely to its tourism industry), the Maldives has a burgeoning young population it cannot employ.

Forty-four per cent of the country’s population is aged under 14 and 62 per cent under 25. Across the archipelago, a quarter of all young men and half of all women have no work.

The economic pull of the capital means families often live in cramped accommodation in Male and children spend most of their time out on the street.

Gangs are common. Prison is the other great incubator. Research by Women Against Drugs and other non-government organisations suggests 80 per cent of prisoners are incarcerated for drugs offences and punitive drug laws mean people are sentenced to extraordinary terms. Young offenders are regularly ordered to serve decades of jail time.

Possession of anything more than one gram of heroin is considered trafficking and attracts a 25-year sentence.

Amaty (not his real name), a young Maldivian drug user who grew up on another island but came to Male with his family, told the Herald he had quit before, a ”lot of times”, but never for very long.

”It’s just all around, drugs are everywhere here. You want to stop, but your friends take drugs. And the people are here who will sell [them] to you. Male is small, man, where you can go? You know everybody, and everybody can find you.”

Read more

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Yameen rejects VP’s request that judge be released and suspended

Parliamentary group leader of the opposition Progressive Party of Maldives (PPM) and Mulak constituency MP Abdulla Yameen has rejected Vice President Dr. Mohamed Waheed Hassan Manik’s request that Chief Judge Abdulla Mohamed be released from military detention but suspended from the Criminal Court bench until all charges against him have been cleared by the Judicial Services Commission (JSC).

The JSC was tasked with investigating allegations against the judge last year, however its efforts were blocked by a Civil Court ruling. The Judge was arrested by Maldives National Defence Force (MNDF) on January 16, 2011, after attempting to block his own police summons.

Speaking against the government’s order to have the judge arrested, the Vice President first stated his opinion on Saturday, January 21. He gave a press conference the following day, asserting that the judge’s detention was unlawful.

After questioning by police yesterday, Yameen rejected the Vice President’s statement as “unacceptable”, local media reports.

While PPM does not wish to interfere with the JSC’s investigation, Yameen argued that it should be conducted within the boundaries of law.

Since the judge’s arrest PPM and other opposition parties have led protests outside the Maldive Monetary Authority (MMA), the closest point to the no-protest zone surrounding the President’s Office and government buildings.

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Foreign Minister to file defamation case over DQP’s claims he voted to form State of Israel

Foreign Minister Ahmed Naseem has announced he will file a defamation case against the Dhivehi Qaumee Party (DQP), after it published a pamphlet alleging among other claims that he had secretly voted for the formation of the state of Israel.

“I was not even born then,” Naseem said today. “But the Maldivian public do not know this – many of them don’t know when the state of Israel was created.”

Naseem said people were now shouting at him in the street calling him a “Jew-lover” and making threatening telephone calls following publication of the pamphlet.

The Maldives co-sponsored a resolution to grant Palestine full membership to UNESCO, but the delegation returned before voting.

The resolution was adopted with 107 countries voting in favour, 14 voting against and 52 abstaining, signaling a significant symbolic victory for Palestine’s bid for statehood ahead of a similar vote at the UN General Assembly in New York.

However in the chapter of the contentious pamphlet headed “Helping the Jews instead of aiding the poor people of Palestine”, the DQP states that: “Nasheed’s current Foreign Minister ‘Kerafa’ Naseem is a person who voted on behalf of the Maldives at the UN to [recognise] Israel as an independent nation. Naseem’s action was contrary to both the order and view of the government at the time.”

The party further accused the government of efforts to “familiarise Maldivians with Jews and Israel, and show their virtue and induce love and empathy in Maldivian hearts. Nasheed’s government has brought in teams under different names such as doctors and agriculturists and begun the actual work of acquainting Maldivians with Jews.”

Police interrogated and briefly detained leaders of the DQP on January 12, after the President’s Office requested an investigation into “slanderous” statements alleging the government was working under the influence of “Jews” and “Christian priests” to weaken Islam in the Maldives and incite religious hatred.

DQP council members including former Justice Minister Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi were summoned for questioning, while party leader and former Attorney General, Dr Hassan Saeed, accompanied the pair as their lead lawyer.

The Criminal Court’s decision not to extend the detention of the pair eventually led the government to accuse Chief Judge Abdulla Mohamed of corruption and political favouritism, and in the absence of activity from the judicial watchdog, order his detention on Girifushi until the judicial crisis was resolved. The move has sparked more than a week of opposition-led protests.

Naseem said today that the international community had not expressed concern about the contents of the DQP pamphlet – “I think they see it as totally ridiculous. No one has spoken to us about it, and I don’t think it’s relevant,” he said.

“The DQP doesn’t have even 2000 members in its party. The leaders are the same people who passed sentences against people with no trial or legal representation [under the former government],” Naseem alleged. With the detention of the chief judge, “Now, suddenly, they have discovered democracy.”

ICC

A group of lawyers have meanwhile forwarded the chief judge’s case to the International Ciminal Court, contesting the conditions of the judge’s arrest and his detention at Girifushi.

One of the lawyers, Maumoon Hameed, said the case was submitted “as the continued detention of Judge Mohamed is in clear violation of the International Convention on the Protection of all Persons against Enforced Disappearance.”

Naseem responded by welcoming the submission of a case alleging human rights violation to the ICC: “Our aim is for all Maldivians to have access to the highest court in the international criminal legal system so as to achieve remedy and redress for grave crimes against humanity,” Naseem said, although he said he suspected the lawyers had misconstrued the definition of “crimes against humanity” as defined in the Rome Statute.”

“It’s a good sign in a democracy when locals use the international legal system. This is a proud moment for the government,” Naseem said.

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JSC appeals Civil Court injunction against investigation of Abdulla Mohamed

The Judicial Service Commission (JSC) has said that all complaints filed against  judges are now being investigated, after it appealed the Civil Court’s injunction preventing the commission from taking action against Criminal Court Chief Judge Abdulla Mohamed at the High Court on Tuesday.

Former President’s Member on the JSC, Aishath Velezinee, on Tuesday told Minivan News that if the judicial watchdog “can be overruled by a judge sitting in some court somewhere, then it’s dysfunctional. But that’s what has been happening.”

In a press statement issued this week, JSC – which is mandated to appoint and investigate complaints against judges – refuted allegations that it was defunct, claiming it has been “working hard” to finish investigating complaints submitted to the commission.

Out of the 336 complaints submitted so far, 208 have been completed and 38 cases under investigation, the JSC claimed, while commission is working to finish the 128 complaints remaining. Investigation committees had been set up within the commission to “expedite the process”, JSC claims, adding that complaints concerned different judges, not only Chief Judge Abdulla Mohamed.

The statement comes despite the JSC’s abolishing its complaints committee in May 2011. It did not clarify the outcome of any of the complaints it said it had investigated.

The JSC explained in the statement that the commission has been unable to pursue the case against Chief Judge as the Civil Court had ordered the JSC on November 17 to take no action against the judge until the court reached a verdict in the case filed against him.

The JSC requested the High Court to terminate the injunction citing that the commission’s decision cannot be overruled by the civil court.

Abdulla Mohamed filed the suit against the JSC after it completed a report into misconduct allegations against the cheif judge. According to the report, which the JSC has not yet publicly released, the judge violated the Judge’s Code of Conduct by making a politically biased statement in an interview he gave to private broadcaster DhiTV.

The injunction was first appealed by the JSC at the Supreme Court, which ordered it to be submitted to the High court on January 19 – three days after chief judge was detained by the military, after he had opened the court outside normal hours a night ago, to order the immmmediate release of Dr Mohamed Jameel Ahmed, deputy leader of the minority opposition Dhivehi Qaumee Party (DQP) who was arrested after President’s Office requested an investigation into “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

In this week’s statement JSC reiterates its stance that neither police or Maldives National Defence Force (MNDF) have the “constitutional authority” to detain a judge, citing that the commission reserves the right to investigate complaints about judges and submit to the parliament in case a judge has to be removed from the bench under the section 159 of the constitution and Judicial Service Commission Act.

However, the government continues to legally justify the military detention of the judge amid spiralling political tensions.

In a televised statement on MNBC One on Junary 17, 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 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.”

However, opposition continues to contend that the judge’s “abduction” by the military and its refusal to release him or present him in court, despite being ordered to do so by the Supreme Court, represents a constitutional violation by the government.

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Police summon Umar Naseer, Hassan Saeed for questioning

Police have summoned Umar Naseer, Vice President of Progressive Party of Maldives (PPM) and Dr Hassan Saeed, President of Dhivehi Qaumee Party (DQP) for questioning at 9:00am tomorrow morning.

Police have stated that they aim to clarify information regarding an ongoing investigation.

Both men, and their parties, have been at the forefront of vocal and physical protests against the government over the last two weeks.

After alleging that the government is involved in “anti-Islamic conspiracies” and that President Mohamed Nasheed was “a madman elected by mistake” on local broadcaster DhiTV, party members Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi were summoned for questioning on January 14 for four consecutive nights, prompting public demonstrations for freedom of expression. Hassan Saeed was their lawyer.

In a 30-page pamphlet released on January 15, DQP accused the government of participating in anti-Islamic conspiracies and associating with Jews and Christian priests.

The President’s Office called the pamphlet “a litany of extremist, bigoted and hate-filled rhetoric aimed primarily at President Nasheed and his administration” which has “[undermined] the religious harmony of the country” by using the constitutionally-granted right to freedom of expression as an excuse to engage in hate speech.

In an effort to garner international support, a DQP delegation flew to Colombo to explain its position to embassies.

On January 14 Criminal Court Chief Judge Abdulla Mohamed was arrested by military forces after attempting to block his own court order and was taken to a training facility on Girifushi, where he is currently being held. The charges against him include obstruction of justice and corrupt professional behavior.

Although Saeed filed the first complaint against Judge Mohamed in 2005, he has been an outspoken participant in the opposition-led protests to free the judge over the past 10 days.

Opposition parties claim that the judge’s detention constitutes a human rights violation; the case has been forwarded to the International Criminal Court (ICC).

Umar Naseer, deputy leader of opposition Dhivehi Rayyithunge Party (DRP) until he was dismissed, assisted former president Maumoon Abdul Gayoom in forming PPM. The party was registered in late 2011, drawing membership from DRP in high quantities.

Speaking at a PPM rally last evening, Naseer said he was aware that Special Forces had appealed for an order from the High Court to apprehend him. Meanwhile, Gayoom has reportedly left the country.

Speaking at the same event Jumhooree Party (JP) President Gasim Ibrahim told the crowd that the government is bankrupt, citing a growing budget deficit and rumors of unpaid salaries.

Requesting the government to stop using Special Forces to carry out “crimes against the people”, Gassim asked opposition parties to “work together to restore freedom before it’s too late”, local media reports.

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