Day: January 28, 2012

Chief Justice says lower judges lawfully appointed

Justice Ahmed Faiz has dismissed claims by President Mohamed Nasheed that lower court judges were unlawfully appointed and therefore their rulings need not be obeyed.

President Nasheed has also stated that he will withold the salaries of lower court judges.

Faiz has claimed that all judges were appointed and sworn in according to rules and regulations put forth by the Judicial Service Commission (JSC) which is tasked with overseeing the judiciary.

Faiz added that the constitution awards the JSC the authority to decide if judges meet necessary criteria, and to decide on actions against those judges who do not meet these criteria.

According to local media Faiz stressed that only the Parliament can decide on issues relating to salaries and other benefits to the judges.

“The violation of such rules and regulations would result in the failure of democracy and rules of governance”, the Chief Justice added.

President’s Press Secretary Mohamed Zuhair has countered that Faiz’s statements are prejudiced and do not carry any legal bearing.

Zuhair added that the President’s decision to withhold salaries is not final and is currently being “discussed”.

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National airline gets new chairman

Mohamed “Pilot” Naeem of Maafannu Dhullisaage was last Thursday appointed chairman of Island Aviation Services (IAS), the Maldives national airline.

Naeem’s resume includes airport director and director of civil aviation.

The position was vacated when Mohamed Umar Manik (MU Manik) resigned from the post earlier this month.

Manik had served as chairman for seven years.

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Resolving judicial crisis “a huge challenge” for the Maldives: President Nasheed

Judges in the Maldives were reappointed by the Judicial Services Commission (JSC) at the conclusion of the interim period “in conflict with the constitution”, President Mohamed Nasheed has said during his weekly radio address.

The JSC reappointed the vast majority of sitting judges prior to parliament approving a statute establishing the criteria for serving on the bench, Nasheed said.

The consequence – a judiciary almost identical as the one appointed by the former Ministry of Justice under the previous government, but badged as independent – was “a huge challenge” for the Maldives, he added.

Prior to the reappointments, the President’s Office in May 2010 sent a letter to the JSC expressing concern that a large number of judges lacked both the educational qualifications and ethical conduct required of judges in a democracy.

“While the Act relating to Judges was passed in August 2010, and while the Constitution is very clear that Judges cannot be appointed without this Act, to date the JSC has failed to reappoint Judges,” Nasheed said.

“The Supreme Court Judges were appointed in accordance with the Constitution and law. The High Court bench was appointed in accordance with the Constitution and law. However, it is hard to say that the lower court Judges were appointed as per the Constitution and law,” he contended.

The government has faced critcism from the opposition and weeks of opposition-led protests, some of them violent, after the Maldives National Defence Force (MNDF) took Chief Judge of the Criminal Court, Abdulla Mohamed, into custody on January 16.

The government had accused the chief judge of endemic corruption, obstructing police investigations and of links with both the opposition and organised crime. Abdulla Mohamed sought a High Court ruling to prevent his arrest – which was granted – leading police to request the MNDF to take the judge into custody.

The judge was previously under investigation by the JSC – the judicial watchdog body – however he was granted an injunction by the Civil Court which ordere the JSC to halt the investigation.

In his radio address, Nasheed identified four areas of reform under the 2008 constitution: change of regime through multiparty elections, election of a new parliament, introduction of decentralised administration, and election of local councils.

“The major remaining reform envisioned by the Constitution is the establishment of an independent and competent judiciary,” Nasheed said.

The Foreign Ministry has requested a senior international legal delegation from the United Nations Human Rights Commission (OHCHR) to help resolve the current judicial crisis.

Last week, former President’s member on the JSC, Aishath Velezinee, told Minivan News that outside help from an independent and authoritative body such as the International Commission of Jurists (ICJ) was desperately needed.

“We need the ICJ to be involved – someone like [former] UN Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy. He was here for a fact-finding mission and had a thorough understanding of it, and gives authoritative advice,” she said.

“We need to look for people who understand not only the law in the constitution, but what we are transiting from. Because that is really important. The UN had brought in a former Australian Supreme Court Judge, but he didn’t get any support. There was a lady [from Harvard] but she left in tears as well. There was no support – the JSC voted not to even give her a living allowance. They are unwelcoming to knowledge – to everyone. It is a closed place,” she warned, adding the difficulty was enhanced further because all the documentation was in Dhivehi.

UK MP for Salisbury, John Glen, has meanwhile urged UK Parliament to “urgently make time for a debate on judicial reform in the Republic of the Maldives.”

“Although the judiciary is constitutionally independent, sitting judges are underqualified, often corrupt and hostile to the democratically elected regime,” Glen stated.

Leader of the House of Commons, George Young, responded that Under-Secretary of State for Foreign and Commonwealth Affairs, Alistair Burt, was “in touch with the Maldives President to see whether we can resolve the impasse. The high commission in Colombo is also engaged. We want to help the Maldives to make progress towards democratic reform in the direction that John Glen outlines.”

Several hundred opposition protesters meanwhile gathered last night for the second week running, with police arresting several dozen people and deploying pepper spray after the crowd reportedly began hurling paving stones at officers outside the Maldives Monetary Authority (MMA) building.

MP Ahmed Nihan of former President Gayoom’s Progressive Party of the Maldives (PPM) and recently-resigned SAARC Secretary General Dhiyana Saeed were among those detained by police. Haveeru reported that 17 of the 22 arrested were detained in Dhoonidhoo custodial overnight.

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Opposition protests continue as President calls for return to article 285

Opposition protests on Male’ continued over the weekend against the military’s detention of Criminal Court Chief Judge Abdulla Mohamed, and a proposal to withold lower court salaries until the judiciary is lawfully appointed in accordance with Article 285 of the Constitution.

Judge Abdulla Mohamed was arrested by the military on January 16 after he attempted to block his own police summons. Charges against him include 14 counts of obstructing police duty, “hijacking the court” and other corrupt professional dealings.

For the past two weeks opposition-led demonstrations have taken place outside the Maldives Monetary Authority (MMA) building, the closest point to the no-protest zone surrounding Republic Square, the President’s Office and other official buildings. After attempting to advance on Republic Square around midnight, smaller protests have spread to other parts of the city.

Activities this weekend have ceased by 1:30 am each evening, Police Sub-Inspector Hassan Haneef said.

On Thursday evening opposition leaders including Progressive Party of Maldives (PPM) Vice President Umar Naseer addressed an attentive crowd – approximately 200 young and old men and a few older women – from atop a van parked outside the MMA building. Starting at 9:00pm, speakers listed their concerns, made allegations against the current government and requested a fair trial for the judge.

“This is a dictatorship, this here, it is all dictatorship,” several protesters told Minivan News, while another claimed “the President is a drunkard and a [drug] addict.”

After a group prayer the crowd retreated in preparation for an advance on Republic Square. Following a swift surge from behind the fish market to the police barricade in front of the MMA building, protesters were held at bay by police forces armed with body-length plastic shields. Civilians shouted, criticised and laughed from nearby alleys as police and protesters retreated from the no-protest zone.

Around 12:30 am police used pepper spray to disperse the crowd, following violent scuffles.

During a clash in which protesters allegedly hurled pavement bricks, Haveeru photographer Ibrahim ‘Dodi’ Faid sustained a blow to his head. He was treated at ADK hospital.

PPM activist Ahmed ‘Maaz’ Saleem was taken to Indira Ghandi Memorial Hospital (IGMH) following a blow to his leg, local media reported.

By the end of Thursday evening police had arrested 22 individuals including PPM MP Ahmed Nihan Hussain Manik and former SAARC Secretary General Dhiyana Saeed, who recently resigned from her SAARC post after criticising the government’s order to detain Judge Abdulla Mohamed.

As the protestors dispersed, Saeed and two unidentified women sat in Republic Square, Haneef said. After refusing to leave the three women were taken into police custody for approximately five minutes before being released.

Of the 22 individuals arrested 17 were transferred to Dhoonidhoo Detention Centre. All were released on Friday, Haneef said.

Maldives National Defence Force (MNDF) also arrested an individual from Henveiru ward carrying a large knife after the protests on Thursday night. Minivan News was informed that the knife was an ornate “war” knife approximately one and a half feet long.

Haneef confirmed that the individual was in custody and an investigation was underway.

On Friday the protests continued in the same location while ruling Maldivian Democratic Party (MDP) rallied at party headquarters on Ameenee Magu.

According to local media, PPM MP Saleem returned to the MMA building area in a wheelchair to join protestors who broke through police barricades and sat in an open area nearby.

PPM MPs Riyaz Rasheed and Ilham Ahmed meanwhile were allowed into police headquarters where they requested a meeting with Police Commissioner Ahmed Faseeh, local media reported. An appointment has not been set.

Police report no violence or use of pepper spray during Friday’s protest, however four individuals were arrested and are currently being held at Dhoonidhoo.

As the protests look to stretch into their third week, Haneef said police are “still doing our duties as usual. We are not fatigued.”

He added that MNDF will maintain its position outside state television station Maldives National Broadcasting Company (MNBC), following targeted attacks last week in which journalists were beaten and tasered by protesters. The journalist who was beaten, Moosa Naushad, has been sent for medical treatment in India following injuries to his back and hand.

Protest leaders have pledged to continue the street demonstrations if their demands are not met. On January 26 MNDF rejected a High Court order to produce the judge.

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