Month: January 2012

High Court overturns Criminal Court suspension of MP Imthiyaz

The High Court yesterday ruled that the suspension of lawyer and MP Imthiyaz Fahmy for six months by Criminal Court Chief Judge Abdulla Mohamed for alleged contempt of court in February 2010 was unlawful.

The ruling Maldivian Democratic Party (MDP) MP for Maafanu North had appealed the decision in May 2010.

The three-judge panel of the High Court found that the suspension violated principles of procedural fairness and due process for declaring persons in contempt of court.

The judges noted that while the suspension was reported in local media the following day, Imthiyaz was not officially informed of the sanction until March 9, 2010.

Existing regulations however required that contempt of court must be declared either immediately during proceedings or established in a separate trial after offering the opportunity for the contemnor to answer the charge of contempt.

Speaking to Minivan News today, Imthiyaz observed that Chief Judge Abdulla Mohamed faced multiple allegations of misconduct and political bias.

“Whatever do you expect again from a judge whom in fact the Judicial Service Commission (JSC) has decided to take action against for his ethical misconduct?” he asked.

“This judge has a history of such issues. And never have I heard of a judge other than this judge who was in contempt of court by calling his own court ‘a political campaign camp’. One fatal flaw in the judiciary is that judges like him still sit in court.”

In 2005, then Attorney General Dr Hassan Saeed forwarded to the President’s Office concerns about the conduct of Abdulla Mohamed after he allegedly requested that an underage victim of sexual abuse reenact her abuse for the court.

In 2009 following the election of the current government, those documents were sent to the JSC, which was requested to launch an investigation.

“A good judge would always work towards priding himself on his ability to make good quality decisions but Judge Abdulla Mohamed seems to pride himself on something else,” Imthiyaz contended.

“In fact, if anything goes well in his court, it happens quite by chance.  And this is inevitable since the independence of judges was not well served by the vetting process that took place in August 2010 by the JSC. There are in fact criminal convicts sitting in courts as judges. The amended constitution does not allow for kangaroo courts like this.”

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Juvenile Court acquits minor of terrorism charges over Himandhoo confrontation

The Juvenile Court has acquitted a minor charged with terrorism in the wake of a violent confrontation in the island of Himandhoo in Alif Alif atoll between a breakaway religious group and security forces.

The confrontation occurred in 2007 after police and military were dispatched to the island to shut down a private mosque and arrest suspects in the Sultan Park bombing incident.

Juvenile Court Spokesperson Zaeema Nasheed confirmed that the case was concluded today.

“This morning the case was concluded that he was found innocent,” Zaeema said. “He had been charged with terrorism.”

More than 50 people were arrested in the aftermath of the clashes in Himandhoo after islanders donned red motorcycle helmets and armed themselves with batons and knives to defend the Dhar al Khuir mosque on 6 October 2007. Police and soldiers were searching for suspects in the Maldives’ first Islamic terror investigation following a bomb blast in Sultan Park that injured 12 tourists.

On 2010 February 9, senior members of the current administration met with 16 people arrested and sentenced for the Himandhoo protest to inform them that President Mohamed Nasheed had decided to commute their sentences under the Clemency Act.

The confrontation in Himandhoo left one policeman with a severed hand while four others were injured. An officer was also held hostage by the group, who surrendered to the army after a last warning to evacuate the mosque by force.

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Family court requires criminal records and police reports for underage marriage

A new regulation at the Family Court requires underage couples applying for marriage to submit criminal records and police reports, in a bid to ensure that young girls are fully informed of their partner’s social standing.

Maldivian law allows girls and boys under the legal age of 18 to marry so long as they have reached puberty and have parental consent, and if the court finds no substantial reason to object to the union.

As of January 1, 2012, couples in which one or both partners is underage must now submit criminal records and a police report to the Family court, as well as confirmation of parental consent and medical reports.

The Marriage Registrar will also decide whether the couple holds a valid reason for marriage.

Speaking to Minivan News, Marriage Registrar Ahmed Abdullah said that the new regulation aims to “protect young girls” following observations that in most cases of underage marriage the applicant is a female below the age of 18 who wishes to marry a man of legal age. The man is sometimes found to hold a criminal record, he said.

Abdullah said that these criminal records are mainly related to drug offences- and that the girl and her parents are often “unaware” of them prior to the marriage.

However, he explained that the court would not decline a marriage request based on the criminal history of an applicant, as long as the legal requirements are met.

“Submission of criminal records would only help the girls and parents make a more informed decision about the partner”, Abdullah added.

Contrary to the assumption that most underage marriages in Muslim countries are “forced”, Abdullah assured that the court has not registered any marriage in which the court had identified the “slightest hint that any partner was forced”.

Rather, Abdullah claims that most girls applying to marry between the ages of 15 and 17 do so to escape poor living conditions.

“Most underage girls are from very poor backgrounds living in very harsh conditions, often with no parent or reliable guardian to support them,” said Abdullah. “So, they want to get a better life by marrying”.

In the event that a marriage request is denied, Abdullah said some girls write repeatedly, “pleading for approval”.

According to him, there are exceptional cases where the boy and girl come from very good backgrounds and “they want to get married because parents do not approve of relationships out of wedlock”.

“Most parents are scared their kids might make a mistake, that is why want them to get married,” Abdullah observed.

As a Muslim nation, the Maldives subscribes to social standards in keeping with Quranic teachings, which strictly regulate the relations between a man and a woman. While Maldivian culture similar opposes “dating” in the modern sense, the “boyfriend-girlfriend” relationship, or bitun, is fairly common.

Last year, almost 50 underage marriages were registered at the court.

Although the Maldives is known for its record-high divorce rate, Abdullah noted that the “divorce rate in under age marriages are surprisingly lower” than in legal age marriages.

Former Gender Minister Aneesa Ahmed argued that a lack of information and social pressure combine to make it difficult for young girls to make healthy decisions regarding marriage.

Though it may appear that young girls want to get married, Ahmed said “often they are lured into marriage by their parents” who find the prospect of a wealthy son-in-law appealing. “The girls would not be able to make a good decision about their marriage partners” in that context, she added.

Ahmed observed that in most marriages between a young girl and an older man, the man has wealth, high social status, or both. She added that the girl is rarely consulted, and “parents are often to blame”.

In the event that an underage girl claims to have no parent or legal guardian, the state becomes responsible for her security. Ahmed pointed out that this mechanism does prevent girls from lying about their background, and allows for higher scrutiny.

“The court also must play an important role to ensure the rights to the underage girl”, she said.

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Religious scholars symposium concludes with consensus on contentious issues

A first-ever symposium for local religious scholars organised by the Ministry of Islamic Affairs concluded last night with participants reaching consensus on a number of longstanding religious disputes and points of contention in Maldivian society.

Among the contentious issues deliberated and agreed upon by the 80 scholars were reciting Qunooth (invocation) during dawn prayer, the exact time of Friday prayer (12.35pm), the number of rak’ah for Tharavees prayers during Ramadan and reciting Bismillah aloud during prayers.

The scholars also opposed authorising Israeli national airline El Al to operate in the Maldives and decided to ask the authorities to remove controversial SAARC monuments in Addu City as they are considered an offense to Islam.

The religious scholars also decided to back Islamic Minister Dr Abdul Majeed Abdul Bari’s request to parliament’s National Security Committee that the airline not be allowed into the Maldives.

On the issue of Qunooth – an invocation offered in times of adversity – a majority of scholars concurred that the practice was not a bid’ah (heretical innovation). Sheikh Ibrahim Fareed Ahmed of the Islamic Foundation of Maldives (IFM) and Sheikh Ilyas Jamal however insisted that the invocation was an innovation when the issue was put to a vote.

Moreover, a majority of scholars could not agree that praying in front of pillars in mosques was an innovation.

On the optional Tharavees prayers during Ramadan, the scholars agreed that the number of rak’ah could exceed 20 or end at a lower number.

The decisions made during the symposium also included forming of an association of religious scholars to raise awareness among the public and assist the Islamic Ministry in “responding to those who deny or cast doubt on the Sunnah.”

Seven papers were presented by prominent scholars at the two-day symposium that took place at the Islamic Centre while participants were divided into three discussion groups. In addition to Islamic Minister Dr Bari, the papers were presented by MP Dr Afrashim Ali of the Progressive Party of Maldives (PPM), Sheikh Mohamed Giyas, Sheikh Abubakur Ibrahim of IFM, State Minister for Islamic Affairs Sheikh Hussein Rasheed Ahmed, Sheikh Nasrulla Musthafa and Sheikh Ahmed Saleem Hussein.

The papers focused on points of conflict and disagreement among scholars over issues of ambiguity.

Speaking to press at the conclusion of the symposium last night, Dr Bari said the event was a success and noted the absence of serious disputes among Maldivian scholars.

Dr Bari observed that disputes were more common in the public than among religious scholars.

As a measure to reduce misunderstanding among the public, said Dr Bari, participants at the symposium agreed to issue fatwas only after reaching consensus among all scholars.

Following the success of the symposium, Dr Bari added that the Islamic Ministry was considering making the gathering an annual event.

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Sheikh Ilyas elected to replace Dr Bari as Adhaalath scholars council chair

The religious conservative Adhaalath Party elected Sheikh Ilyas Hussein as the new chair of the party’s religious scholars council today following the resignation of Islamic Minister Dr Abdul Majeed Abdul Bari from the post last year.

Dr Bari resigned from the post in the wake of the party’s decision to sever its coalition agreement with the ruling Maldivian Democratic Party (MDP).

Sheikh Ilyas had been vice chair of the council prior to Dr Bari’s departure. In addition to Ilyas, the party also elected Dr Mohamed Iyaz as vice chair and Sheikh Izzudeen Adnan as secretary.

While Sheikh Ilyas has a first degree in Quran, Dr Iyaz has a PhD in Shariah and Sheikh Izzudeen a first degree in Shariah.

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“Begging for medical care is at an end”: President Nasheed

The practice of “begging for prescriptions” has come to an end with the introduction of a universal health insurance scheme on January 1, President Mohamed Nasheed said today.

Free universal health insurance is one of the five core campaign pledges of the ruling Maldivian Democratic Party (MDP).

Speaking to press during a visit to the Indira Gandhi Memorial Hospital (IGMH) to observe arrangements for the free health care service, Nasheed said he expected services at the main referral hospital to improve.

He added that private clinics that agree to the terms of the ‘Aasandha’ programme could be included in the scheme.

The scheme offers treatment worth Rf100,000 a year for all Maldivian citizens with valid national identity cards and does not require registration.

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Wataniya and Dhiraagu “collude” against public interest: DRP Deputy Leader Ahmed Mohamed

Opposition Dhivehi Rayyithunge Party (DRP) Deputy Leader Ahmed Mohamed has claimed that changes made by telecommunication companies Dhiraagu and Wataniya are diluting market competition and damaging the public interest.

Both companies have upgraded their fair usage policies and increased the possible number of free texts per credit top-up from 20 to 50, effective January 1. They have also requested a tariff change due a hike in package prices.

“In the past, Dhiraagu had a monopoly. When Wataniya came in there was health competition in the country and phone charges decreased dramatically. But these recent actions, the fair usage policies and the change in tariffs, can be seen as colluding,” said Mohamed.

“I don’t know if there is a law against anti-competitive behavior in the market,” Mohamed explained, “but these colluding behaviors by the telecomm companies are not healthy for the general public.”

Mohamed said the government should act on any law which prohibits companies from colluding to reduce competition and drive up prices, or should create one to address such a situation.

Wataniya and Dhiraggu are the only two telecommunications companies in Maldives, and both introduced BlackBerry services to the Maldives this year.

CAM Deputy Director General Abdullah Pasha confirmed that CAM had approved tariffs for price changes, but said the authority did not regulate changes to free minutes “because it is used to manage excess capacity on their networks, and so it’s up to them.”

Pasha did not believe that the changes would hurt competition or impact the general public.

“Prices are going up in every sector right now, so this isn’t unusual,” he observed.

Officials at both telecommunications companies were unaware of Mohamed’s statement, and did not believe that there was cause for concern.

“Competition is one of the fundamental things of a strong, successful business. We definitely don’t engage in anything that would compromise market competition,” said Dhiraagu Marketing and PR executive Imjad Jaleel.

Jaleel said Dhiraagu has made several changes which bear similarities to upgrades made by Wataniya, but claimed that the coincidence was an effect of catering to the same population.

“After all we are talking about the Maldives market,” he said. Jaleel added that changes at Dhiraagu are always monitored by an outside party. “Dhiraagu must go through the Communications Authority of Maldives (CAM) to make any changes, and we follow CAM’s advise and cooperate with its regulations. There is nothing we would do to damage competition, or have a negative impact on the general public.”

Wataniya’s Head of Marketing and Communications Aishath Zamra Zahir said the company was also “following the usual procedure with CAM, and [has] fulfilled all the licensing requirements.”

Zahir added that Wataniya’s changes have not tamed the market, but rather have maintained the company’s  competitive edge.

“We still offer the lowest IDD (international direct dialing) in the country,” she pointed out.

According to Wataniya‘s new fair usage policy, customers can receive up to 1000 free minutes when making calls from a free phone number.

Dhiraagu customers with post paid plans can now receive between 1000 and 5000 free minutes per month for calls with free numbers, according to their plan.

Jaleel pointed out that these revisions are not unique to the Maldives, but rather reflect “a trend that is happening everywhere in the world.”

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Criminal Court, Juvenile Court suspends drug cases awaiting formation of Drugs Court

The Criminal and Juvenile Courts have suspended all drug cases while they await the formation of a Drugs Court over the next two to three months. The decision follows stipulations for court formation provided in the recently-ratified Drugs Act.

Under Article 33 of the Act, all drug cases currently before the Criminal and Juvenile Courts must be transferred to the Drugs Court, following discussions between the Prosecutor General and judges.

Article 39 meanwhile requires the Judicial Service Commission (JSC) to appoint at least five judges to the Drugs Court within 60 days after the law was ratified.

After that two month period, the courts have 30 days to transfer those cases determined to fall under the jurisdiction of the Drugs Court.
Meanwhile, article 33(b) states that the Criminal and Juvenile Courts should not hear or accept drug-related cases during that period.

The Drugs Court will have jurisdiction over those charged with possession and abuse of drugs as well as those accused of committing criminal offences under the influence of drugs.

According to the Act, a specialised Drugs Court of superior court status will combat drug addiction by integrating rehabilitation services into the court system.

Traffickers will be tried in the Criminal Court.

A 2011 prison report by the United Nations Development Program (UNDP) argued that the unnecessarily high number of inmates serving drug sentences was a major concern for prison reform. A majority of inmates are males under the age of 30, while 66 percent of inmates are serving time for drug use or possession.
Speaking to Minivan News at the time, Co-author Naaz Aminath pointed out that most modern judicial systems carried heavier sentences for traffickers, “but here, traffickers get 25 years while small-time users get 60 to 80 years. These are not hard-core criminals, but they’re put away for almost their entire lives.”
Police officials today said that while drug arrests are made on a regular basis, they did not expect any complications to their work while the cases are suspended at the court level.

In a previous article, Police Drug Enforcement Unit Superintendent and Chief Inspector Mohamed Jinah said the bill would be “very useful and instrumental for the police enforcing the drug policies,” and would allow police to focus more on drug trafficking.

Jinah was unavailable for comment at time of press.

Ahmed Nazim, a Research and Development officer at Journey Rehabilitation Center in Male’, added that by distinguishing between the source (drug traffickers) and the consequence (drug use), the new system would reduce the amount of drugs on the street.
He said the Act “puts a lot of emphasis on giving addicts proper treatment”, and accepts the modern argument that addiction is a medical condition rather than a behavioral problem.

The Drugs Bill was introduced in 2009, detained in the Committee for Social Affairs since early 2010, and approved by Parliament on December 28. President Mohamed Nasheed ratified the bill on December 31, 2011.

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GST rises to six percent as revised import duties come into force

The General Goods and Services Tax (G-GST) passed by parliament last year rose to six percent from 3.5 percent yesterday while import duties were lowered or eliminated for a range of commodities starting on January 1, 2012.

The Tourism Goods and Services Tax (T-GST) was meanwhile raised to six percent for 2012 as stipulated in the GST Act.

Under the tax legislation approved last year, items with GST rate set at zero percent for which import duties have now been eliminated include rice, flour, sugar, salt, milk, cooking oil, eggs, tea, fish products, onions, potatoes, fruits and vegetables, baby food, diapers, gas, diesel and petrol.

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