Allegations against Chief Judge first sent to Gayoom in 2005

The first complaints filed against Chief Judge of the Criminal Court Abdulla Mohamed in July 2005 included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused, Minivan News has learned.

A letter sent to President Maumoon Abdul Gayoom by then Attorney General Hassan Saeed, obtained by Minivan News (page 1, 2), outlined three specific allegations against Abdulla Mohamed.

While presiding over a sexual offence case against Azeem Abdullah of Chaandhaneege, G.A.Kanduhulhudhoo, on May 19, 2005, Saeed told Gayoom that Abdulla Mohamed “made the two children who were summoned as witnesses against the accused stand in front [of the court] and asked them to look at the people present.

“He then made the children identify the individuals they were looking at. Although the children said in court that the accused performed the indecent act he was accused of, the Judge made the children act out the indecent act in the presence of the perpetrator and the rest of the court.”

Saeed’s second allegation concerned the hearing of physical assault case on June 6, 2005, against Ibrahim Ali of H. Saaroakaage.

“The case was submitted based on the admission of the accused that he had committed the assault, but Judge Abdulla Mohamed of the Criminal Court dismissed the case, stating that there was no case against the accused,” Saeed wrote.

In Saeed’s third allegation, concerning a criminal case on June 6, 2005, against Ahmed Naeem of Male’ Municipality Special Register, “after completing the sentencing of the defendant, Abdulla Mohamed said, ‘…very few men ever meet women who love them. You may meet a woman who loves and cares for you. You should not run after a woman who does not love you. It is also stated in Holy Quran that women are very deceptive.’”

The Judicial Services Commission (JSC), the judicial watchdog, eventually formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but had failed to present a single report as of March 2011.

Speaking at an opposition rally on January 24 against the detention of Abdulla Mohamed, Saeed acknowledged that he was “not satisfied with Judge Abdulla’s actions either.”

“[But] he did not have to do things to my satisfaction. I submitted the legal points I noticed [related to the judge’s conduct] to the head of the judiciary at the time, President Maumoon Abdul Gayoom. I could have removed Judge Abdulla from the post through pressure. But I did not do it because it was not my responsibility,” Dr Saeed said.

“The constitution today forbids influencing judges. So, looking at the current scenario, the country has gone ten years backward.”

The current judicial crisis was sparked after Abdulla Mohamed filed a case in the Civil Court which granted him an injunction halting his further investigation by the JSC. This was following by a High Court ruling against a police summons on January 16, which prompted police to request the Maldives National Defence Force (MNDF) take the judge into custody.

Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty 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, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “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.

Vice President of the Maldives Dr Mohamed Waheed Hassan opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”

The government then requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Foreign Minister Ahmed Naseem said the commission’s shortcoming are “now an issue of national security.”

“We have been working to improve the judiciary since we came to power, but we have not succeeded,” said Naseem. “We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” he explained.

A group of lawyers have meanwhile sent a case to the International Criminal Court (ICC), appealing that the judge’s detention is an “enforced disappearance” under the ICC’s Rome Statute.

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The fine print of free health care: public responsibility

The Maldives’ Aasandha scheme realised a dream held by many citizens around the world – free health coverage. But it has also put a spotlight on the Maldivian public’s prodigious appetite for medical care.

“The launching of Aasandha has challenged the two hospitals in Male’, pushing them to their limits with frenzied ‘patients’ (or should I call them customers?) flooding and packing the hospitals,” wrote public health expert and Chief Operating Officer at Male’s ADK hospital, Dr Ahmed Jamsheed, in a January 16 blog post.

Observing that ADK has seen a 50 percent increase in specialist consultations and a 100 percent increase in demand for basic services, Dr Jamsheed describes the hospital as “overwhelmed.”

During the first 14 days of the Aasandha scheme, 41,000 individuals sought health care at ADK – 11 percent of the country’s population – costing the scheme millions and raising serious concerns over its sustainability, Dr Jamsheed observed.”

“In the absence of an ongoing epidemic, statistically and epidemiologically speaking, it is unlikely that so many people would be sick needing health care simultaneously,” he said.

The Aasandha scheme, a public-private partnership with Allied Insurance, was implemented on January 1, 2012. The public rush for national identity cards, a necessary ticket to free medical treatment, foreshadowed the scheme’s popularity.

Speaking today to Minivan News, Dr Jamsheed said limited information on Aasandha’s financial structure has led the public to exaggerate their medical needs.

“A lot of people seem to be of the mindset that they need to spend all of their Rf100,000 (US$6500) yearly allowance. Many don’t understand that if they don’t spend that cautiously they’ll be in trouble when something really does go wrong, especially if they have no way of settling the bill once they go over the limit.”

Pointing to the Maldives Inland Revenue Authority’s (MIRA) publicity of last year’s Goods and Services Tax (GST) initiative, Dr Jamsheed indicated that the integrity of universal coverage depends on an informed public. “A lot of political statements haven’t captured the scheme’s real meaning,” he said.

While Maldivians have a yearly allowance for health services, Jamsheed pointed out that funds for the scheme come from taxes. “If people exceed their allowance, the government could decide it has to raise the allowance. That would mean raising taxes,” he said.

“In a way the previous Madhaana scheme, where patients co-shared the cost, was useful in limiting unnecessary hospital visits and prescription charges,” he added.

Medical professionals have commented on what they describe as the population’s reflexive hypochondria. One doctor reports recently seeing a patient who boasted of visiting four doctors in one day. This author was once advised to seek medical advice for a pimple “because of the pain”.

Aasandha appears to prove the business rule that low prices attract public interest applies even to medical services – many Maldivians talk about being encouraged to go to the hospital simply because treatment is free.

Moreover, with no value placed on a consultation, Dr Jamsheed reports that many appointments are not being kept, an “injustice” which is creating delays. He adds that without a referral system, medical specialists are unnecessarily overwhelmed.

While some doctors may recommend advanced procedures to pad their profits, “what is more evident and frequent is the number of requests, pressure and time demand from patients and their family on doing medically unadvised or unnecessary investigation. Perhaps they don’t realise that this practice drains ‘their’ valuable money or funds in the insurance system, to which they would have to rely to get critical service when ‘needed’!”

A previous article by Minivan News reported that medical equipment and staff training doesn’t support effective diagnoses. In addition, hospitals and physicians are not properly monitored. Although the government has asked the people to treat the privileges of the Aasandha scheme responsibly, systemic reforms remain.

Noting that Maldivians “seem to demand rights rather than take responsibility,” Dr Jamsheed said he believed the desire for medical consultations had historical roots.

“When doctors began going to the islands in the 1980s and ‘90s, their services were promoted as a superior way of dealing with health issues. Then specialist doctors arrived. People saw this gradual improvement and right now the mentality is that for anything they need to see a specialist,” he explained. “It’s something we’ve subconsciously promoted.”

CEO of Indira Gandhi Memorial Hospital (IGMH) Cathy Waters echoed Dr Jamsheed’s observation that the number of ‘no-show’ appointments had increased. She reported that the hospital has seen a slight but steady increase in visits, prompting plans to allow more clinic appointments in February.

“Things have been calm, but steady,” she said. “Even before the Aasandha scheme people were coming to see doctors regularly for small things, often not understanding how those afflictions can be self-limiting,” she added.

Waters agreed that a lack of public education about minor illnesses and home care was an issue. “It’s important that people understand when to go to a doctor,” she said. Waters added that IGMH is considering developing a referral system to control patient access to specialists.

In addition to poor public responsibility and medical awareness, Jamsheed suggests that Aasandha’s broad coverage could also encourage abuse from within the system.

Under the scheme’s fee-for-service payment model, services are separately paid. Favoring quantity over quality, the method is an incentive for physicians to provide more, often unnecessary, treatments. According to Jamsheed, “this cannot be (significantly) avoided unless there is an effective and efficient regulatory system with full cooperation of the hospital management and responsible doctors. We all know that we don’t have this  ‘ideal’ scenario in the Maldives.”

The government’s own track record regarding health care doesn’t engender confidence – last year an Education Ministry taskforce took over the  response to a dengue outbreak from the Health Ministry.

“There is lack of clarity on policy directions and plans,” Jamsheed writes. “The Government keeps on changing policies, which causes difficulty in managing and uncertainty for the future.”

This year the Maldivian government has pledged to build new medical facilities, including hospitals and pharmacies, to provide better medical care within the atolls. While the Health Ministry has said space and staff shortages are an ongoing concern, Jamsheed and Waters agreed that the current rise in patient visits on Male’ should be addressed through education and reform within the medical system, rather than physical expansion.

“The rise in patient visits is slight but steady,” said Jamsheed. “We need to study the trend before making large financial investments.”

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MDP Parliamentary Group call for Gasim’s removal from JSC

Maldivian Democratic Party (MDP) MPs have called for the removal of opposition Jumhoory Party (JP) leader and MP ‘Burma’ Gasim Ibrahim from the Judicial Service Commission (JSC) – the commission mandated to appoint and investigate complaints against judges.

Gasim is a well-known business tycoon, media owner and leader of the opposition-aligned Jumhoree Party (JP). He was in 2010 accused by the government of treason and bribery after phone calls of his conversations with People’s Alliance MP and the former President’s half-brother Abdulla Yameen were leaked to the media.

Gasim replaced opposition Dhivehi Rayithunge Party (DRP) MP Dr Afrashim Ali on the JSC, after Afrashim was dismissed by parliament 38-34 in favour amid claims of misconduct and corruption. Gasim was then narrowly appointed to the judicial watchdog after 38 members of of the 77 member parliament voted in his favour, to 36 against.

Former President’s Member on the JSC, Aishath Velezinee, observed at the time that Gasim “is a man of wealth, and every seat he has ever sat on has benefited him. We can expect the same from the JSC. I don’t think anyone is under any other impression. The people’s representatives have sold out to the devil, and this is a very sad day.”

DRP Deputy Leader Ibrahim Shareef also expressed reservations at the time, suggesting the Gasim’s extensive business interests could prove a potential conflict of interest when overseeing the Maldivian justice system: “That is a real possibility. I think the judiciary must be totally free from political influence. We have to see how this unfolds – this is a small country and it is hard to have complete impartiality.”

“What is required is sincerity. We need to build a judiciary that is competent, efficient and capable of delivering justice,” Shareef told Minivan News in June 2011.

Speaking at an MDP rally today, several MDP MPs and senior figures accused Gasim and Speaker of the Parliament Abdulla Shahid – both of whom are members of the JSC representing parliament – of not fulfilling their legal duties on the committee.

The MDP called on Gasim and Shahid to carry out the responsibilities at the JSC and conclude cases presented against Chief Judge Abdulla Mohamed, to end the current political tensions in Male’. The JSC’s investigation of the judge stalled after the Civil Court issued an injunction to its own watchdog body, which the JSC obeyed.

The MDP Parliamentary Group expressed concern that the judicial watchdog was defunct while the situation of the country was deteriorating, accusing the JSC of taking no action against the judge which had allowed him “to destroy the entire judiciary.”

Speaking to Minivan News, Spokesperson for MDP Parliamentary Group’s Mohamed Shifaz said that they had not officially decided to remove Gasim.

”What we want most is a professional JSC. If removing unprofessional persons to professionalise the JSC is the only way then we will do it,” Shifaz said. ”It is possible that the MDP Parliamentary Group will make such a decision.”

He said that JSC members attending protests and trying to defend a particular judge was not very professional.

”I believe that JSC members protesting is an ethical issue,” he said, in reference to Gasim who has been a key opposition figure throughout last week’s rallies in Male’.

Speaking at the MDP rally last night, MDP Chairperson and MP ‘Reeko’ Moosa Manik said that the citizens of the Maldives handed the administration to President Mohamed Nasheed to establish justice.

Gasim did not respond to calls and text messages at time of press.

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India will back Maldives “through upheavals”

Two years after registration the Friendship Association of India-Maldives (FAIM) launched its website last night in honor of India’s Republic Day, pledging new opportunities for cross-cultural dialogue between the two nations.

Maldives President Mohamed Nasheed said the country would “continue to get aspirations and lessons from the Indian experience.”

In conjunction with the cultural classes and services available through the Indian Cultural Center (ICC), FAIM aims “to strengthen the relationship, create friendships and build mutual understanding between the peoples of India and Maldives through organizing social, cultural, academic and other activities of mutual interest.”

Highlighting India’s artistic traditions, FAIM staff expressed a strong interest in supporting arts in the Maldives.

“The Maldives has very little internal support for the arts,” said a FAIM secretary. “We would really like to see what we can provide,” he said, acknowledging that the Maldivian community has a lot of hidden talent.

India and the Maldives enjoy close partnerships in education, technology and transportation development; India recently passed a regulation allowing Maldivians visa-free entry for 30 days.

In addition to encouraging cultural exchange, FAIM encourages a greater understanding of the distinct cultures. “Although archaeological finds indicate that the Maldives was inhabited as early as 1500 BC, much of the country’s origin is lost in history – most of which is as much folklore and myth as fact,” states the FAIM website.

While welcoming guests for “a light evening”, Indian High Commissioner and FAIM patron Dynaneshwar Mulay addressed the ongoing political turbulence and judicial crisis in the Maldives by affirming the close ties shared between the two nations.

“A democracy will see upheavals,” he said. “The Maldives is perhaps one of India’s closest partners. The Indian High Commission will always be there to help the Maldives.”

Mulay recollected that the Indian public protested against corruption last year, upholding rights embedded in its 1950 constitution. The protests, triggered by Anna Hazare’s Ghanid-esque hunger strike in April, captured world audiences and was voted one of Time Magazine’s Top Ten Stories of 2011.

Affirming the importance of India’s warm relationship with the Maldives, President Mohamed Nasheed said consolidation of democracy, including establishing a rule of law and an independent judiciary, is “our biggest and most important project.”

Thanking the Indian “people, its government and its institutions for the very necessary and good assistance they continue to give to the Maldives in our work to become a democratic society,” the President assured those gathered that the government shares concerns raised about the nation’s judicial crisis but views them as part and parcel of the task at hand.

“We have heard many criticisms, and we will continue to hear them. Would the end justify the means?” he queried.

“What I am sure of is that the people of this country aspire for a free and fair judiciary. And they want the judiciary to look like them. They wanted the presidency to look like them. They wanted the Parliament to look like them. And therefore the new judiciary has to look like them. They have to look like the Maldives. That is what has been asked of me, and that is what I am going to do.”

“Very often we have to invent, and invent out of the box,” the President said, asking for other powers to understand the Maldives’ current situation as a necessary, if complex, path to a stronger democracy.

Emphasising the value of cross-cultural dialogue in diplomatic matters, the President expressed hope that the traditional Indian thabla music would “broaden our minds and give us means to understand what is happening around us.”

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New climate change models for Maldives predict rising sea temperatures

The Regional Integrated Multi-Hazard Early Warning System (RIMES) has completed a nine-month research into developing a model interpreting the future climatic change scenarios for the Maldives that can provide projections which can referred during national and local development planning.

RIMES, based in Bangkok, provides regional early warning services and capacity building to its member states in Africa and Asia – including Maldives- in the end-to-end early warning of tsunami and hydro-meteorological hazards.

Speaking at a press conference on Thursday, Dr  Govindarajalu Srinivasan, technical adviser-climate applications and research, who headed the research in Maldives, explained that “we tried to interpret the scenarios of future climate change for the Maldivian context”.

He noted that the existing global climate change models (GCMs) which are the most important tools to study climate change and make projections, do not provide descriptions for regional or local scale.

Therefore, he revealed that the GCMs were statistically downscaled, and prior reports addressing climate change concerns for Maldives were examined to “generate a high a resolution climate change scenario for Maldives”.

Analysis was also done to look at the extreme climate change risks for the Maldives, Dr Srinivasan added.

He also observed that 13 participants from the Maldives Meteorological Services (MMS) and the Environment Ministry were trained in the last leg of the project to analyse extreme climate events linked to temperature and rainfall changes.

State Minister for Housing and Environment Dr Mohamed Shareef added that the findings of the program and trainees’ recommendations will be used in the ministry’s decision making process.

Although the details on the findings of the research were not revealed to the press, Dr.Shareef added that the ministry has received an initial draft and a final report will be submitted by the RIMES soon, which will be publicised at a later date.

In a press statement issued on Thursday the ministry pointed out that the present findings also suggest that the sea level, sea surface temperature, rainfall and its variations pose future climate risks for Maldives.

“Future climate change scenarios inherently represent a set of likely climate futures. Sea Surface Temperature parameter inferred directly from GCMs show a steady increase in temperatures up to 2080, the statement reads.

However, the ministry noted that more focused research is recommended to understand the projected sea level changes and better observational network are required to characterize the unique climatological settings of the Maldives.

The project commissioned to RIMES is a component “Integrating Climate Change Risks into Resilient Island Planing in the Maldives”, 2010- 2014 – a government initiative which seeks to ensure that climate change risks are integrated into resilient island planning and that governments and communities are able to prioritize and implement climate change adaptation.

UNDP, a large contributor to the project, says that the most serious underlying driver of increasing vulnerability to climate change in the Maldives is the “absence of systematic adaptation planning and practice”.

“Climate change risks and long-term resilience are not adequately integrated into island land use planning or into coastal development and protection policies and practice, and past autonomous risk reduction efforts have sometimes had mal-adaptive effects” an entry on the UNDP website reads.

UNDP also highlights that small, low-lying atoll islands of Maldives are highly vulnerable to flooding and coastal erosion: “More than 44 percent of settlements, including 42 percent of the population, and more than 70 percent of all critical infrastructures are located within 100 meters of shoreline. Intensive rainfall, storm surges and swell waves are expected to be aggravated through sea level rise and climate change effects on weather patterns. This will compound underlying trends of increasing coastal erosion and pressure on scarce land resources, and increase physical vulnerability of island populations, infrastructure and livelihood assets.”

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MNDF dismiss High Court order to produce Judge Abdulla Mohamed

The High Court has ordered the Maldives National Defence Force (MNDF) to produce Chief Judge of the Criminal Court Abdulla Mohamed for the hearing of the case appealed by the Judicial Service Commission (JSC), following the Civil Court injunction preventing the JSC from taking action against Judge Abdulla over an ethical issue.

High Court Spokesperson Ameen Faisal told Minivan News that the High Court had ordered the MNDF to produce Judge Abdulla to the court at 4:15pm today, but said the MNDF had dismissed the order. Under the Maldivian Constitution the MNDF is answerable to the President, who serves as Commander-in-Chief.

”At 4:15pm the hearing was to be conducted but the presiding  judge decided that the case could not be conducted in the absence of Judge Abdulla and cancelled the hearing,” Ameen said.

MNDF Spokesperson Major Abdul Raheem told Minivan News that the MNDF had no comment on the matter.

The MNDF was previously ordered to produce Judge Abdulla Mohamed to dispute the legality of his detention, however the MNDF did not respond to any orders.

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.

PG Muizz ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Lawyers of Chief Judge Abdulla Mohamed has requested the Supreme Court not to hear any case related to Judge Abdulla before the court decide on the request made by the lawyers to issue a writ to free the judge.

Former President’s Member of the JSC, Aishath Velezinee, has contended that while the government cannot keep the judge detained indefinitely without conducting an investigation, “releasing him is a threat to security.”

I have heard Vice President Mohamed Waheed Hassan calling for him to be released. Abdulla Mohamed is not under arrest – but his freedom of movement and communication would be a danger at this moment. We are at the point where we really and truly need to get to the bottom of this and act upon the constitution,” she told Minivan News.

“We talking about cleaning up the judiciary, and this is not talking outside the constitution – this is the foundation of the constitution. The constitution is build upon having three separate powers. The judiciary is perhaps the most important power. The other powers come and go, politics change, but the judiciary is the balancing act. When that is out of balance, action is necessary.”

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