Day: August 28, 2012

PG appeals Hulhumale’ Magistrate Court decision not to proceed with case against Nasheed

The High Court yesterday concluded hearings of an appeal by the Prosecutor General’s Office (PGO) against a decision by the Hulhumale’ Magistrate Court not to proceed with a case against former President Mohamed Nasheed over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed.

On July 18, the Hulhumale’ Magistrate Court rejected a case filed by the PGO against former President Nasheed and former Defence Minister Tholhath Ibrahim as well as senior military officers over the arrest of the judge.

Hulhumale’ Court Magistrate Moosa Naseem told Minivan News at the time that the case was sent back to the PGO after the court decided that it did not have the jurisdiction to deal with such cases.

“We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,” Naseem explained.

According to the Judicature Act, Naseem said, the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66(b) of the Act.

Article 66(b) of the Judicature Act states that: “in accordance with section (a) of this article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.”

According to local media reports, Assistant Public Prosecutor Abdulla Rabiu argued at the High Court yesterday that the magistrate court had jurisdiction to hear any cases involving criminal offences in the court’s judicial district.

The PGO lawyer requested that the High Court overturn the magistrate court’s decision and rule that the court has the jurisdiction to hear the case.

He noted that the Hulhumale’ Magistrate Court had accepted a separate case involving threats made against Judge Abdulla Mohamed based on advice from the Supreme Court.

Adjourning yesterday’s hearing, High Court Judge Yousuf Hussain said that a verdict would be issued at the next trial date if there were no further issues to clear up after reviewing the appeal.

On January 16, Chief Judge Abdulla Mohamed was detained by the military, after he had opened the court to order the immediate release of former Justice Minister, current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel Ahmed.

In late 2011, Judge Abdulla was himself under investigation by the JSC, the country’s judicial watchdog, for allegedly politically biased comments made to private broadcaster DhiTV. The Judicial Services Commission (JSC) was due to release a report into Judge Abdulla’s ethical misconduct, however the judge approached the Civil Court and successfully filed an injunction against his further investigation by the judicial watchdog.

The Nasheed administration accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights violations and corruption cases.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

Back in February, a spokesperson for Catherine Ashton, the EU High Representative for Foreign Affairs,  said the bloc remained committed to discussing judicial reform with the Waheed administration on the back of concerns raised by former President Nasheed about the nation’s judges.

“Shortly before the events of February 6 to February 7, we were asked for assistance [with judicial reform], as were the UN and Commonwealth. We were ready to look into this matter and hope to discuss the matter further with the Maldivian authorities,” added the spokesperson for High Representative Ashton at the time.

“Judicial interference”

During his inaugural address back in March, President Waheed claimed he would look to avoid “judicial interference”.

President’s Office Spokesperson Abbas Adil Riza at the time said the government hoped to “strengthen” independent institutions like the parliament and the courts.

Riza claimed that the executive branch under former President Mohamed Nasheed was often involving itself in parliamentary and judicial affairs that were supposed to function independently as separate bodies under the constitution.

“We want to empower institutions, not interfere with the decisions they are taking,” the spokesperson said.

Likes(0)Dislikes(0)

HDFC to provide housing loans to police officers

The Housing Development Finance Corporation (HDFC) has decided to introduce a loan scheme for allowing Maldives Police Service (MPS) officers to build their own homes, according to local media reports.

Haveeru today reported that the Commissioner of Police Abdulla Riyaz had used his official twitter stream to announce that the scheme would allow all police officers to get a home loan.

Police Sub-Inspector Hassan Haneef has said that the loan will be released to officers to build houses which are registered in their own names. He went on to say that the Police Commissioner was undertaking a lot of efforts for the development of the police force.

HDFC states that it has been providing housing loans to all government employees, but that the scheme has only recently been introduced to the police. Haveeru quoted a HDFC official as saying that they have previously received numerous requests from police officers for the loan, and that it has now been facilitated since the corporation has come to an agreement with the MPS.

Likes(0)Dislikes(0)

High Court upholds acquittal of police officer accused of assaulting Hussain Solah

The High Court has upheld a Criminal Court verdict acquitting a police officer of charges over assaulting an inmate in 2007, who was later found dead floating in Male’ harbour.

Corporal Ahmed Shah (Haa Dhaal Vaikaradhoo, Prim Rose) was accused of assaulting inmate Hussein Solah (Seenu Hithadhoo, Naazukeege) on April 12, 2007, three days before Solah was found in the harbour near the Atolhuvehi Detention Centre in Male’.

Shah was prosecuted on request of the Human Rights Commission of Maldives (HRCM), which obtained witness statements from three detainees who claimed Corporal Shah assaulted Solah in custody.

A seven-month investigation by the HRCM found that there was “not enough evidence to say for certain that Solah was [ever] released from custody.”

Police denied any wrongdoing and claimed Solah was released on April 13, informing HRCM that the inmate was suicidal and exhibited symptoms of heroin withdrawal.

In November 2009, more than a year after charges were pressed against the police corporal, the Criminal Court ruled that Shah was not guilty on the grounds that the witness statements were not sufficient evidence for a conviction.

The court noted that as Corporal Shah was in charge of the jail at the time, the witnesses were likely to be prejudiced against the senior officer.

Following the verdict, Head of the HRCM Legal Department Mohamed Shafaz Wajeeh told Minivan News that the court had a set a precedent of not considering witness statements from detainees without corroborating evidence.

Shafaz said he believed the case represented progress as it had been the first time such charges were pressed against a serving police officer.

The state however appealed the Criminal Court verdict at the High Court, which ruled (Dhivehi) yesterday that the verdict could not be overturned as the prosecution was unable to prove guilt beyond reasonable doubt.

History

Hussain SolahHussein Solah, 27, was arrested on drug related charges in Hithadhoo on April 9, 2007 and brought to Male’. Police claimed he was released on April 13, but he did not contact family or friends, and was found dead in the harbour outside the detention centre on the morning of April 15.

In January 2008, the HRCM requested criminal charges be filed against Corporal Shah, based on its findings and three witness statements.

In June 2009, the HRCM expressed concern that the case remained stalled at court as no hearings had been held for a year at the time.

Deputy Prosecutor General Hussain Shameem told Minivan News in June 2009 that a total of three hearings were conducted by the Criminal Court since March 2008.

At the last hearing on October 21, 2008, said Shameem, the issue of transferring proceedings to a court house near the Hathifushi low risk jail for a witness who was serving a sentence there was discussed.

HRCM Media Official Jeehan Mahmood, currently a member of the commission, told Minivan News at the time that the HRCM considered the case a custodial death.

A police media official meanwhile confirmed that Corporal Shah was serving in the police force and had not been suspended.

Under normal procedure, he said, a police officer who had a complaint filed against him or was involved in an ongoing court case would be suspended.

“But this is the Human Rights Commission’s allegations and it’s based on witness statements from three prisoners,” he said. “They don’t have any other evidence besides that.”

Waiting for justice

The discovery of Hussain Solah’s body sparked protests in the capital and Addu by the Maldivian Democratic Party (MDP).

Former President Mohamed Nasheed, then-chairperson of MDP, was beaten and arrested by police near the Aasaharaa cemetery  in Male’ on April 15, 2007, the day Solah’s body was found in the harbour.

Solah’s family meanwhile rejected the findings of a postmortem conducted in Sri Lanka, which showed that the cause of death was drowning.

On April 28, Solah’s body was buried in the Aasaharaa cemetery without the consent of the family.

Speaking to Minivan News in June 2009, Hassan Zareer and Waheeda Ahmed, Solah’s parents, said they were still waiting for justice for their son’s “murder”.

Zareer said police called on the night of April 13, 2007 and said his son was going to be released.

“When the HRC checked the cell they found his bag, his clothes and a chit that he had with him,” Zareer said.

Zareer said he was convinced that his son was killed by police.

“I was surprised because it was a holiday and the court usually doesn’t finish cases that soon,” he said.

Police asked him where Solah should be sent to in Male’ and he told them to send him back to Addu.

Zareer found out his son was dead when he saw the news on TV on April 15, he said.

He added he did not accept the explanation from police or the post-mortem conducted in Sri Lanka.

Further, he referred to security cameras outside the detention centre, which police could have used to prove that Solah was released.

“We just want to know who is responsible,” said Zareer. “We don’t want money or anything like that.”

The family was planning to submit a petition to parliament requesting an inquiry into the death.

“I think about it all the time. It is in my heart every day,” said his mother.

Likes(0)Dislikes(0)

Different strokes: Maldives power transfer expressed through art

Two exhibitions currently taking place in the capital are offering their own unique takes on the controversial transfer of power in February- interpretations that are being expressed through a variety of mediums during the next few days.

Closely following the Maldivian Democratic Party’s (MDP’s) announcement of their intention to hold the Exhibition of Public Inquiry (XOPI), the government-aligned religious-conservative Adhaalath Party held a press conference announcing their own art festival, Fall of a regime: An Artist’s View. Both exhibitions yesterday opened to the public and will run until tomorrow.

XOPI, organized by the MDP, is taking place in the grounds of Male’ City Council.  With the theme “Truth Is Ours”, XOPI features the work of many artists, who adopt a number of approaches to express their thoughts of the events surrounding the change in power.

XOPI was officially opened by President Nasheed on Monday (August 27). The event also doubled as the launching for a book titled “Naakaamiyaabuvi Himeyn Baghawaiy: Gaiy Birun Negee Badi”, meaning ‘The Failed Silent Coup: Fear Raised The Gun’.  The book’s author is the former president’s appointee to the Judicial Service Commission (JSC) and Deputy Minister of Home Affairs, Aishath Velezinee.

Representing the organizing committee of XOPI, Ali Saeed said to Minivan News “XOPI is like a public inquiry, a presentation of the people’s perception of the events of, and following, February 6. Since then, there has been a lot of artistic material being shared on social media. XOPI intends to provide a platform for these to be presented in the same place.”

One participant whose work forms part of XOPI explained that they were taking part in the exhibition to express feelings and concerns surrounding February 7.

“I am participating because this is another venue to express my thoughts and feelings about the coup, freedom, liberty and justice. At a time when our freedoms to assemble and express are getting limited, this space suddenly becomes very important to me,” said Fazail Lutfi, founding member of Emmenge.com, a website which creates stories about political and social issues.

Another artist, Maryam Omer, has produced an exhibit that introduces guests to the exhibition.

As the visitor opens the lone door placed in the middle of the pathway, they are met with the sight of a charging bull. Part of the description reads “Grasping to comprehend the reality of the situation and describe something so phantom and menacing in my head was the image of a charging bull at the door,” the artist explains. “What matters is the individual’s perception of a universal event. It’s important to express how we feel about the events that occurred back in February.”

Meanwhile,the Adhaalath Party organized exhibition at the National Art Gallery was officially opened by President Waheed at a ceremony held Monday afternoon. The exhibition features the work of one artist known simply as ‘Siru’. Siru’s work captures events from the controversial hanging of banners for last year’s SAARC summit and proceeds as a story, ending with a painting of Dr Waheed taking the presidential oath in February this year.

An Adhaalath Party representative at the gallery, Hussain Wafeer, told Minivan News yesterday that the 60 pieces exhibited were all painted by Siru in a span of no more than a month. The artist himself said he did not wish to speak with any media.

In response to widespread speculations about the religious-based party depicting people in drawings, and whether it conflicts with the party’s ideology, the Adhaalath Party has released a statement saying it is not prohibited in Islam to draw figures as long as the facial features are not detailed.

President of Adhaalath Party, Sheikh Imran Abdulla and Vice President Dr. Mauroof Hussein were not responding to calls at the time of press.

Both Exhibition of Public Inquiry and Fall of A Regime: An Artist’s View will be open to the public until August 30.

Likes(0)Dislikes(0)

Gayoom welcomes prospect of President Waheed standing in PPM primary

Former President Maumoon Abdul Gayoom said yesterday that he had not ruled out the possibility of current President Dr Mohamed Waheed Hassan standing in the next general election as a Progressive Party of Maldives (PPM) candidate.

“The president, or anyone else, can join PPM if they want, and if they win the [party’s] primary, they will become our presidential candidate,” Gayoom was quoted as saying by Sun Online.

When questioned on elections by Indian newspaper The Hindu during his recent visit to Sri Lanka, President Waheed himself said he was “contemplating” running for “a second term” in office after coming to power in February.  He added at the time that a final decision on the matter would be taken over the next few months.

Waheed is currently leader of the Gaumee Ittihad Party (GIP), which has no representation in either the People’ Majlis or local councils and just 898 registered members, according to the latest figures from the Elections Commission (EC).

By comparison, the PPM has 17,298 members with another 1,233 membership forms awaiting processing. The PPM is the minority leading party in the People’s Majlis.  PPM spokesman Ahmed Mahlouf was not responding to calls at the time of press regarding Gayoom’s comments.

Under parliamentary rules of procedure, bills to raise or lower taxes and import duties can only be submitted on behalf of the government by an MP of the president’s party.

The GIP has not been invited to this week’s inter-party talks, which seek to reach consensus on how to proceed following the release of the Commission of National Inquiry (CNI) report on August 30.

President’s Spokesman Masood Imad has said that Waheed will appear at the talks, but in his capacity as leader of the country rather than leader of his party.

Meanwhile, Ahmed Faiz, Deputy CEO of Maldives Ports Limited (MPL) and a GIP council member, told Minivan News today that Waheed’s decision regarding his party affiliation was his own to make.

When asked whether he would follow Waheed to the PPM, should he join the party, Faiz responded:

“I am a supporter of Waheed as an individual. My political path will follow any route Waheed’s career takes.”

When speaking with reporters before leaving for India last night, Gayoom is reported as saying that he had yet to rule out his own candidacy for the PPM primary, for which no date has yet been set.

Back in May, the PPM’s Deputy Leader Umar Naseer said that, although anyone could contest the PPM primaries, he did not expect Waheed to stand for a second term. He added that he would back Gayoom should he decide to stand for the nomination.

The former President of 30 years, Gayoom retired from active politics in 2010, becoming Honorary Leader of the Dhivehi Rayyithunge Party (DRP) – the party he founded to contest the country’s first multi-party presidential elections in 2008.

However, after losing the election to Mohamed Nasheed of the Maldivian Democratic Party (MDP), divisions within the DRP led Gayoom to form a breakaway party – the PPM.

Following the controversial resignation of Nasheed in February this year – which resulted in former Vice President Waheed taking up the presidency – the MDP have campaigned relentlessly for early elections.

President Waheed maintains that he is bound by the constitution, which mandates that polls be held no earlier than July 2013, as well as stating repeatedly his belief that further legislation is needed to prepare the country for fresh elections.

“We do not have a legal frame work for a coalition government. And, unless we put these basic building blocks of legislation in place, we will face the same problems again,” he told The Hindu last week.

“What’s the point of having an election if you haven’t solved some of these problems?” he asked.

Both the EU and the Commonwealth have urged the current government to schedule elections for this year, although Waheed has expressed his opinion that these institutions have now changed tack.

“Those who have been demanding early elections before the end of the year now realise that it was premature…We have a Constitution. I will uphold that Constitution,” he told The Hindu.

Back in April, the US government pledged US$500,000 (MVR7.7 million) for an elections programme to assist Maldivian institutions in ensuring a free and fair presidential election.

Likes(0)Dislikes(0)

Maldives seal dramatic late win against Syria

The Maldives national football team reignited their hopes of making it to the final of the 2012 Nehru Cup with a dramatic win over Syria yesterday evening.

After taking the lead via captain Ali Ashfag just before the 60 minute mark, victory appeared to have been squandered when Syria’s Alaa Alshbbli equalised with a stunning overhead kick in the 81st minute.

However, the Maldives grabbed a late winner three minutes into added time as Ahmed Rashid turned in an Ashfag cross to seal a 2-1 victory.

The win sees the Maldives retain second place in the table, level on points with India who play this evening.  At present, the squad are 2 points ahead of Cameroon, whom the Maldives face tomorrow evening in their final group game.

The top two teams will play in the tournament final on September 2.

Likes(0)Dislikes(0)

Environment Ministry signs MVR1 million waste management deal

The Ministry of Environment and Energy has today signed a MVR1 million deal to purchase waste management equipment, local media has reported.

The deal, made with Male’-based company Biz4Maldives, forms part of a collaboration with the Asian Development Bank (ADB) to oversee environmental management projects in the country, according to the Sun Online news service.

The lifespan of the agreement will reportedly be two months from the date of the signing.

Likes(0)Dislikes(0)

President presents top prize during Baibalaa final

President Dr Mohamed Waheed Hassan yesterday attended the 2012 Baibalaa Tournament finals in Male’ to present the competition’s main prize.

Last night’s final saw B.G. Sports beat T.C. Sports to lift the President’s Trophy, which was presented by Dr Waheed.  Participants were also presented with the “champion cup” and prize money provided by the Baibalaa Association, according to the President’s Office website.

Individual accolades were presented to Abdulla Nishan of Lorenzo Sports and Ali Naeem of T. C. Sports, who took home the Mr Baibalaa award and Fair Play award respectively.

The President’s Office added that runner-up team, T.C. Sports, were presented with their prize by current Minister of Human Resources, Youth and Sports Mohamed Hussain Shareef.

According to local media reports, two people were arrested during the event for allegedly verbally abusing the president.

Likes(0)Dislikes(0)

Resumed party talks to target post-CNI consensus

The President’s Office has extended invitations to eight political parties to attend a meeting on Thursday (August 30) to discuss how to proceed following the release of the Commission of National Inquiry (CNI) report.

The eight parties who have been invited are the Maldivian Democratic Party (MDP), Progressive Party of Maldives (PPM), Dhivehi Rayyithunge Party (DRP), Qaumee Party (DQP), Adhaalath Party (AP), People’s Alliance (PA), the Maldives Reform Movement (MRM) and Jumhooree Party (JP). President Waheed’s National Unity Party, along with other small parties were not included in the invitation.

The meeting is scheduled to be held on Thursday at the Bandos Island Resort and Spa. The CNI report is scheduled to be released to the public the same day.

President’s Office Media Secretary Masood Imad ahs told Minivan news that any party involved with the All Party Talks prior to their suspension back in June were included in this invitation. He also said that any party that has been excluded was made on the basis that the organisations lack leadership.  Speaking further, he said “President Waheed has always advised against street protests. Even though MDP has again started demonstrating, President Waheed is showing restraint and putting in a lot of effort to make sure the party talks are successful.”

DRP Leader Thasmeen Ali has previously stated that the party is open to discussions. However, he expressed concern that this week’s  statement from President Nasheed’s appointee to the CNI, Gahaa Ahmed Saeed, may cause complications at the all-party talks.

Chief Spokesperson of Jumhooree Party, Moosa Rameez told Minivan News today that the party always welcomes discussion and as such will be participating in the talks.  Regarding the MDP’s ongoing demonstrations, Rameez said “I don’t think anybody should be making an issue out of a group of people practicing a right guaranteed to them in the constitution. As long as the demonstrations are peaceful and fall within the laws of the country, I personally see no reason why this should at all have an effect on the discussions we are to have among political leaders.”

Speaking on behalf of MDP, former Minister of Tourism, Arts and Culture, Dr Mariyam Zulfa told Minivan News today that since the President’s Office had sent the invitation for All Party Talks specifically to party Chairperson, Moosa ‘Reeko’ Manik.

Manik will himself be attending the talks for the MDP. Dr Zulfa added that she didn’t believe the recommencement of direct action would have an adverse effect on the all-party talks as the invitation letter did not specify any such requirements.

“The only legal remedy for an unlawful change of power is going for early elections. We hope that the discussions are open to this option,” she said.

PPM Interim Deputy Leader Umar Naseer and Parliamentary Group Leader Abdulla Yameen were not responding to calls to Minivan News at time of press.

DQP’s Parliament Member Riyaz Rasheed and General Secretary Abdulla Ameen were also not responding when contacted.

Likes(0)Dislikes(0)