August 2012 – Page 17 – Minivan News

High Court asked to annul President’s right to commute death sentence

A case has been submitted to the High Court requesting that it annul the legal article which allows the President of the Republic to commute death sentences to 25 years imprisonment, Haveeru has reported.

The case argued that this practice, which has resulted in de facto moratorium on the death penalty since 1953, violates Article 10(b)) of the constitution which states “no law contrary to any tenet of Islam shall be enacted in the Maldives.”

Those submitting the case have argued that Sharia gives the right to pardon a convict lies solely with the victim’s heirs.

The case specifically mentioned the two people convicted of the murder of Ahmed Najeeb, a prominent lawyer, on July 1. This murder, the seventh in the country this year, has sparked a national debate on the application of the death penalty.

Ahmed Murrath and Fathimath Hana, aged 29 and 18, confessed to the murder and were sentenced to death after Najeeb’s heirs unanimously called for qisas (equal retaliation) rather than opting for blood money.

Today’s submission argues that the president’s power to commute these sentences violates the rights of the heirs and renders pointless the taking of their statements in order to determine sentencing.

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MNDF doctor removed from post after alleging brutality against demonstrators

Maldives National Defence Force (MNDF) Captain Dr Fathmath Thahsyna Ibrahim has been removed from her post as Deputy Commander of Medical Services, after she expressed outrage on social media about alleged brutality by security forces against demonstrators.

Dr Thahsyna’s 61-year-old father, Ibrahim Abubakur (Kottafaru Dhonthu), was allegedly struck on the head by an MNDF officer during an opposition Maldivian Democratic Party (MDP) protest on August 2.

Videos surfaced on social media showing Abubakur emerging from the crowd holding his bloodied head while MNDF officers pushed protesters back to the Chandanee Magu junction. The Republic Square area was cordoned off by MNDF officers while former President Mohamed Nasheed was attending police headquarters.

Following the incident, Dr Thahsyna – who was the first female MNDF doctor – took to Facebook alleging that her father was “hit by an MNDF personnel.”

“Every civilian has the right to freely express their views. No uniformed personnel has any right to beat up their own citizens, no matter what!” she wrote on August 2. “My father was hit on the head and he has a 7cm deep laceration on the back of his head.”

Verbal protest or abuse should not be “answered with the baton,” she added.

“I know my father is an MDP activist and he may have called you names, but still even he doesn’t deserve to be hit on his head,” she wrote.

When she posted the same comments on the MNDF medical page on Facebook, Thahsyna revealed that only two officers expressed well wishes for her father, “out of good will and humanity.”

Abubakur meanwhile told newspaper Haveeru yesterday that his eldest son saw the MNDF officer hit him with a baton.

“That day I was on the pavement in front of the Umar Shopping Arcade. I was behind the fence. When the army officers charged and tried to disperse the civilians on the road, someone fell outside the fence and I was hit on the head while I was bending over to help him back up.”

Speaking to Minivan News today, MNDF Spokesperson Lieutenant Colonel Abdul Raheem confirmed that Dr Thahsyna was removed from her post as deputy commander on August 5.

Raheem however stressed that she was not demoted to a lower rank but had “a change of appointment,” which “happened routinely” in the army.

“She is still working at the medical services,” he said. “She has not been transferred to a different unit.”

While Colonel Raheem could not “definitely say at the moment” that Dr Thahsyna’s removal as deputy commander was in response to her comments on Facebook, the MNDF spokesperson confirmed that an “internal investigation” was ongoing into the allegations of brutality against Dr Thahsyna’s father.

He however added that Dr Thahsyna’s remarks on Facebook was related to the investigation as she was a uniformed officer making public comments concerning the army.

On August 3, Dr Thahsyna posted on Facebook asserting that she has “never crossed my limitations as a solider and never will.”

“I don’t believe expressing my sentiments about my father being beaten up unlawfully is ‘being political’,” she wrote. “What is wrong is wrong no matter who does it. And we should not hide these unlawful acts, in order to make people responsible for their actions.”

Raheem meanwhile insisted that the MNDF would take action against any officers who assaulted civilians “if the investigation finds that any officer was involved.”

“The MNDF does not support violence and will never support it,” he said. “We have been telling our officers continuously that no harm should be caused to anyone. We have internal mechanisms to investigate such allegations and take measures.”

In the wake of the controversial transfer of power on February 7, Amnesty International, the UN High Commissioner for Human Rights and UN Human Rights Committee have expressed concern over the “excessive use of force” against demonstrators of the formerly ruling MDP calling for early elections for the past six months.

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Suspect in 2007 Sultan Park bombing arrested after arriving from Pakistan

A man placed on Interpol’s wanted list following the Sultan Park bombing of 2007 was arrested on Sunday after arriving in the Maldives on a flight from Pakistan, local media has reported.

Abdul Latheef Ibrahim, 29, was one of 16 men against whom terrorism charges were laid. Ten of these men fled the country, whilst three were sentenced to an initial fifteen years before having their sentences commuted to three year suspended sentences.

The bomb blast at Sultan Park – a major tourist attraction in the capital located in front of the Islamic Centre – was triggered using a mobile phone and washing machine motor attached to a gas cylinder.

The attack injured 12 tourists, including eight from China, two from Britain and two from Japan.

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Police Superintendents ‘MC’ Hameed and Anees relieved of duty

The Police Disciplinary Board has decided to relieve Chief Superintendent ‘MC’ Mohamed Hameed and Superintendent Ibrahim Adhnan of duty, according to a statement issued by police.

The Disciplinary Board has also decided to demote Superintendent ‘Lady’ Ibrahim Manik to Chief Inspector of Police, and to remove the disciplinary badge on his uniform.

The statement said that the Disciplinary Board summoned the senior officers before making the decision, and that they were given the opportunity to speak in their defense as well as appoint lawyers.

However, the statement did not specify the allegations against the officers, or why the Disciplinary Board took action against them.

Newspaper Haveeru claimed that the decision was made by the Disciplinary Board on allegations that the three officers had “worked for the political benefit of a certain party” using their police roles.

Hameed, Adhnan and ‘Lady’ Ibrahim Manik were among only a few police senior officers who did not join the events of February 7, which saw mutinying police hand out riot gear to opposition demonstrators and launch an all-out assault on the main military headquarters. The state broadcaster was also stormed.

In June, Anees sued the Maldives Police Service seeking compensation for medical treatment of injuries sustained after mutinying police officers allegedly attacked him in Republic Square and inside police headquarters on February 7.

Adhnan Anees, Ibrahim Manik and Chief Superintendent Mohamed Jinah were among senior officers allegedly assaulted on February 7.

Meanwhile on June 14, police arrested Chief Superintendent Hameed, former head of police intelligence, following his contribution to the Maldivian Democratic Party (MDP)’s report into the controversial transfer of power on February 7.

Following reports that police who cooperated with the Ameen-Aslam report were being rounded up and detained, police initially denied allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. However court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were subsequently leaked.

The Criminal Court arrest warrant stated that Hameed was accused of “misusing” or leaking information acquired through his position for “the political gain of a particular group”, and participating in the compilation of the “misleading” Ameen-Aslam report, which undermines “the public’s respect for the security services.”

It justified his detention on the grounds that Hameed might influence witnesses and attempt to get rid of evidence as “others are suspected of involvement in the case.”

Police issued a statement that day confirming that Hameed had been arrested on charges of leaking “important information collected by the Maldives Police Services intelligence related to national security” as well as providing “untrue and false information” intended to benefit a specific [political] party, which could pose a threat to national security and create “divisions between the police and the public.”

Hameed’s actions were in violation of the Police Act, the statement insisted.

Following his detention in July, the family of Chief Superintendent Hameed expressed concern over his detention and noted that he was widely respected in the force as “a man of principle”. He has been in the service for over 17 years and has a masters in policing, intelligence and counter-terrorism.

Following the raid and extrajudicial dismantling of the MDP’s protest site at Usfasgandu on May 29, Hameed tweeted: ” Called a ‘baaghee’ [traitor] on the road twice today. Rightly so when our own actions are unjustifiable and thuggery like!”

After his dismissal last night, Hameed tweeted: “Ayan: Daddy, why were you fired from your job? My response: Because I did not join the bad guys.

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Comment: When Humpty Dumpty falls

When a traffic policeman raises his hand, encased in neat white gloves, all traffic automatically comes to a halt.

Obedience is ingrained in us. We barely stop to think why. Had it been otherwise we would no doubt be in the middle of a perpetual traffic jam.

When a policeman raises his hand, it is not a simple gesture of someone lifting his hand. Behind the gesture lies the authority of the people, a functioning system, an elected government and the goodwill of the masses. The combined moral authority of the people are reflected in that simple gesture.

Today, life is no longer simple anymore. Until February 7, 2012, the Maldivian people lived with the assurance that their interests were represented by a government elected by the majority; that the people’s will was reflected in the way they were governed. Everything turned topsy-turvy on February 7, when President Nasheed resigned office and his Vice President Dr Mohamed Waheed Hassan Manik assumed the mantle of government.

The transition of power would not have caused ripples or raised eye-brows unless the very next day President Nasheed claimed that he had resigned under duress. His resignation had been forced.

In the light of President Nasheed’s statement and after a clear look at the events leading to his ‘resignation’, it wasn’t difficult to believe that indeed Nasheed’s resignation was coerced. What followed afterwards – the appointment of Nazim as the Defense Minister and Abdulla Riyaz as the Police Commissioner – removed any reservations to the contrary.

The security forces – comprising of the Maldives Police Service and the Maldives National Defense Force (MNDF) were instrumental in forcing the President’s resignation. All the circumstantial evidence combined with the data compiled by the media further confirmed Nasheed’s allegations.

All doubts were removed when former police sergeant and Acting Deputy Leader of the PPM, Umar Naseer – known to friends and foes alike as a weapon of mass destruction – blatantly confirmed his active involvement in the overthrow of Nasheed’s government on national TV – “spilling the beans”, as CNN aptly defined it.

During his three years in office President Nasheed worked hard to deliver on his election pledges. He was a symbol of hope for the downtrodden masses whose cause he championed. For 30 years the Maldivian people had lived a hand-to-mouth existence, brutally repressed by the dictator Gayoom. According to the UN 42 percent of the people lived below the poverty line.

Given the role played by the security forces in ousting a vastly popular government, the police and the military have become villains overnight. When the policeman lifts his white-gloved hand he is no longer able to covey the moral authority to instill obedience amongst the masses.

Up until February 7, the military were looked up to by the people for their professionalism and generally enjoyed the respect of the population. Even the youth who sought a career in the armed services were proud to be a part of this elite corps. The military, as a rule, upheld high ethical standards.

Except for a few among the military high command and the police services, the security forces were uninvolved in the intrigue that brought down Nasheed’s government. There was little doubt that the top brass were bought; they had sold not only their souls but had betrayed the confidence and trust of their subordinates, the rank and file of the armed forces.

Those youth, who had pledged their lives to uphold the tenets of Islam and defend the country were being labeled ‘turncoats’, a title they did not deserve as they were as much in the dark as everyone else. The greed of a few commanders who defiled the military’s code of honor had put the stamp of betrayal on the entire armed forces.

The coup has had certain unforeseen influences on the public psyche too. The MDP, led by the ousted President Nasheed doubled in membership overnight. Quite suddenly, public involvement grew by leaps and bounds.

Consequently, civil disobedience has taken root in the public psyche. The security forces are openly scoffed at by the public – the label ‘rebel’, ‘turncoat’, now precedes any description of the police and the military.

Maldivians, as a rule, are apt to shy away from violence. Even under the present trying circumstances violence has yet to be a part of the equation. Even though there have been isolated incidents of violent behavior both on the part of the police and the public, violence is frowned upon by all parties concerned.

There is a very clear demarcation line between civil disobedience and civil war. Unlike Syria, Egypt or other Muslim States where the freedom movement has escalated into unbridled violence and civil war, the Maldives is unlikely to go the same route.

Even if the worst case scenario is considered – let’s say Waheed’s regime refuses to set an early election date – with the security forces unable to contain a public uprising and the use of force becomes mandatory, the decision is likely to result in the fall of the government.

A limited population ensures a close-knit society. Members of the security forces and the general public are bound by close family ties making it virtually impossible for any member of the security forces to implement a ‘shoot order’ even if President Waheed were dumb enough or desperate enough to issue such an order.

Any member of the security forces taking aim on a member of the public will in all probability find his colleague’s gun aimed at his own head. Who else but a madman will aim at a crowd, when the likelihood of shooting a brother, sister, cousin or a close relative is almost a dead certainty?

Civil disobedience, led by the MDP, is here to stay. The protests are gaining ground day by day; each day resulting in the increase in members on the streets. The cycle has taken on a natural life of its own and the pace is being set by the members arrested on a daily basis.

It is only a matter of time before push comes to shove. Waheed’s regime, tottering on the brink, is clearly headed up the creek without a paddle. For Waheed, there is but a single option. Like Humpty Dumpty, he can only fall.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Government announces August public holidays in lead up to Eid

The government has declared Wednesday August 22 and Thursday August 23 as public holidays in order to extend the weekend leading up to the Eid holidays.

The President’s Office said that the extended weekend would come in place of public holidays assigned for September 1 and September 15 this year. These two dates will instead be working days for government offices.

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MDP suspends demonstrations to “facilitate meaningful dialogue”

The Maldivian Democratic Party (MDP) yesterday announced it would be suspending its anti-government protests and demonstrations in a bid to open dialogue with the government in the closing weeks of Ramadan.

In a press release, party spokesman Hamid Abdul Ghafoor stated that the demonstrations would be halted in order to “facilitate meaningful political dialogue to end the political crisis the country faces.”

“The MDP strongly believes unless there is political dialogue and agreement at a political level, the Maldives will not be able to come out of the current political crisis. In this regard, the MDP decides to halt its demonstrations to sincerely re-assure its commitment to meaningful dialogue,” read the statement.

Whilst Minivan News was today unable to elicit a response from the President’s Office, the office’s spokesman Abbas Adil Riza has expressed his scepticism in the local media.

“Though MDP tells the media that they’ve stopped their direct action protests – considering the actions of the party’s members, it’s hard to trust them. There’s a lot of intimidation,” Abbas told Haveeru.

“They’re attacking the vehicles belonging to ministers, harassing their families, disrespecting mosques, so the government needs assurance that the harassing will stop. We need to see it happen from their actions,” he continued.

The protests have been almost continuous since the resignation of President Mohamed Nasheed on February 7 – a resignation the party continue to allege was forced.

February 8 saw clashes between Nasheed’s supporters and the police, whose mutiny had brought to the boil what had been a simmering political crisis.

Tensions were heightened once more last month as the MDP embarked on a campaign of protests on Chaandanhee Magu in the political and military heart of the capital. More clashes with the police resulted in multiple arrests and injuries which, again, provoked international consternation.

The persistent activities of the anti-government activists have regularly been cited as an impediment to high-level political dialogue.

Following the tense exchanges on Chaandanhee Magu, President Waheed stated that he would not engage in discussions with the MDP whilst it continued to back street protests.

Chances for dialogue?

The most prominent vehicle for dialogue since late February has been the all-party ‘roadmap’ talks initiated by current President Dr Mohamed Waheed Hassan with the backing of Indian diplomats and United Nations mediators.

After a series of failed attempts to define a mutually acceptable agenda for the discussions, six points were agreed upon in May to be dealt with in consequential order.

The MDP’s protests since February have focussed predominantly on calls for early presidential elections. The discussion of a date for these elections was agreed upon as the last of the six points to be discussed in the roadmap negotiations.

The first of these points – public order and stability – resulted in a 30-point list of demands being presented to the MDP delegates by pro-government parties during the talks at Bandos Island Resort in June.

These demands, which included calls for the MDP to desist from using “black magic” and “erotic tools”, were deemed by the MDP to be indicative of the coalition’s lack of seriousness in progressing through the agreed agenda.

In yesterday’s statement, Ghafoor described some of these points as “plainly farcical”.

“We are committed to ensure an environment conducive to hold political talks at the highest level. Therefore, today, the MDP National Executive Committee decided unilaterally to halt the demonstrations. We hope leaders of political parties take this time to seriously engage in dialogue”.

In a further attempt to expedite progressive talks between political groups in the country, Nasheed last month offered an apology to former President Gayoom for accusing the 30-year ruler of orchestrating a coup d’etat.

Gayoom, leader of the parliament’s second largest party, the Progressive Party of Maldives (PPM), had stated that he would be unwilling to sit down and negotiate with a man who made such accusations.

The roadmap talks have formed one half of a two-pronged approach to resolving the political crisis in the Maldives. The Commission of National Inquiry (CNI), after much coaxing from the international community, was established to conduct an investigation into the events up to and including Nasheed’s resignation.

The Commission is expected to conclude its investigations by August 31 after having received testimony from a reported 244 people, including President Waheed himself.

Abbas told Sun Online that he expected the MDP would merely halt its current activities in order to prepare for a mass protest on the day the CNI report is published.

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Former finance chief questions timing of MMA private sector T-bill reform

Former Finance Minister Ahmed Inaz has questioned the timing of the Maldives Monetary Authority’s (MMA’s) decision to offer Treasury Bills (T-bills) to the wider private sector claiming it would compound the country’s budget deficit rather than directly address state debt.

Inaz, who served as Finance Minister under the administration of former President Mohamed Nasheed, said that until the present government put a lid on its expenditure to levels agreed in the national budgets of the last two or three years – extending T-bills to the wider private sector in the current climate would only prolong economic uncertainty.

The comments were made as local media reported yesterday that the Maldives Monetary Authority (MMA) had opted to allow “private groups” to purchase T-bills.

Such bills, which are sold by governments all over the world, serve as a short-term debt obligation backed by sovereign states. In the Maldives, T-bills are said to have a maximum maturity of six months, in which time they must be repaid, according to Inaz.

The economy, particularly national debt, has become an increasingly important issue for the coalition government of President Dr Mohamed Waheed Hassan.

Parliament’s Financial Committee in May released projection that the Maldives’ budget deficit will reach 27 percent of the GDP by the end of 2012, a 175 percent increase on earlier forecasts.

In recent weeks, the government has downplayed delayed payments of civil servant salaries as being the result of a banking “administrative error”, while also admitting to facing “economic difficulties” in covering months of outstanding premium payments resulting from the Aasandha universal healthcare programme.

Yesterday, Abdulla Yameen, parliamentary leader of the government-aligned Progressive Party of Maldives (PPM) told local media that the country was in “dire need” of financial assistance from the international community to help set right the economy.

Yameen and fellow PPM MP and Spokesperson Ahmed Mahlouf were not responding to calls from Minivan News today to clarify the comments.

T-bill extension

Finance Minister Abdulla Jihad said the decision to extend the availability of T-bills to private enterprise was a condition outlined by the Asia Development Bank (ADB) to secure loan funding. He was unable to give the exact amount of the loan at the time of press.

According to Jihad, T-bills had been previously only open to private financial institutions, a market place that he said was presently “saturated” in terms of demand, limiting the amount of T-bills the institutions were willing, or had the capacity, to purchase.

“The issue was to open the market to private groups,” he said.

In regards to criticism from the previous administration about state spending, the Finance Minister pointed to a recent order for all government institutions to immediately reduce their budgets by 15 percent – a pledge Jihad stressed had been successfully realised.

However, former Finance Minister Inaz said by that extending the T-bill scheme without addressing wider concerns of groups like the International Monetary Fund (IMF) over government expenditure, authorities were only prolonging current economic instability rather than tackling the present spending shortfall.

“My reaction to the MMA’s proposals is that issuing T-bills to the private sector or these private groups is not going to help the situation. The budget deficit should be reduced at all costs. Then these T-bills could be introduced as a way to meet capital expenditure,” he said.

“Expenditure should of course not be reduced to a level that would kill off independent institutions and the democratic reform of recent years. But the best way forward is to maintain expenditure say to the levels set in the 2010 or 2011 budget, while increasing income.”

While accepting that current political tensions between the government and the now opposition Maldivian Democratic Party (MDP) made it difficult reach parliamentary agreement, Inaz said that the Majlis would need to agree on any changes to the state budget.

Inaz also called on policy makers to adopt a “broader mindset” by reviewing the present government’s decision, announced earlier this year, to restore import duties and reduce GST.

He believed that taxation measures such as the GST remained the easiest solution to boosting revenue.

Inaz contended that a focus on more direct taxation would allow the government to serve as a facilitator to encourage the private sector to generate economic activity.

T-Bill reliance under Nasheed

Despite concern over the timing of the MMA’s proposals, Inaz conceded that the previous administration had itself relied on debt financed through the sale of T-bills that amounted to about Rf 1.4billion in 2011. However, he claimed that the final budget passed under the Nasheed government in December 2011 was designed to reduce the nation’s budget deficit, while also cutting down on short-term debt obligations such as T-bills.

“The T-bills issued in 2011 amounted to Rf1.4 billion (US$90.8 million). We foresaw the need growing every year, but this is very difficult to maintain as the maximum maturity for T-bills is six months, during which time they must be paid back,” he said

However, Inaz added that before the controversial transfer of power in February that brought President Waheed into office, the Nasheed government had pledged to reduce its reliance on T-bills by focusing on generating revenue through economic reforms such as GST.

“This year though we were set to reduce our reliance on T-bills to about Rf 700 million (US$45.4 million) with a view to cutting back completely through repayments in the next two years or so.”

Local media reported in April last year that government debt accrued through the sale of T-bills to banks and financial enterprises was estimated to be equivalent to more than a third of this year’s Rf 12 billion (US$778.2 million) national budget, according to Maldives Monetary Authority (MMA) figures released at the time.

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MNDF and govt register joint venture for investment including tourism

With plans to generate revenue to fund welfare services for the armed forces, the government and Maldives National Defense Force (MNDF) has registered a joint venture company aiming to invest in various businesses, including the tourism industry.

The “MNDF Welfare Company” registered at the Economic Ministry on Tuesday, is 10 percent government owned, and 90 percent by Sifco, MNDF ‘s cooperative society, which provides welfare services for defense force officers and their families, including subsidised products and loans.

Speaking to Minivan News about the company, MNDF Spokesperson Major Abdul Raheem said the MNDF have been discussing the idea of expanding the cooperative society’s works through a registered company over the past 10 years.

He observed that the main objective of registering the company was to invest and run businesses, which can subsequently generate revenues to contribute to welfare services provided to the 7000 strong-armed force body.

“The allocated state budget is not enough to fund the welfare services. We are facing several financial problems. Therefore, our plan is to register the joint venture with the government and increase profitable business activities,” Major Abdul Raheem explained.

He added that the MDNF Welfare company was registered within legal boundaries, and the company’s board and other necessary decisions will be taken legally and without discriminating between any officers.

MNDF joining tourism?

Asked about the sort of businesses the company intends to invest in, the MNDF spokersperson responded that the discussions are underway and will be announced soon.

Local media Sun meanwhile reported that the company was targeting investment in the country’s main industry, tourism, and claimed islands have been leased for resort development.

Raheem did not verify these reports but commented: “It is hard to confirm specifically which business it will do, but I cannot say tourism is not an option.”

Following reports suggesting the MNDF’ is venturing into the country’s tourism sector, government aligned Dhivehi Rayyithunge Party (DRP)’s parliamentary group member Dr Abdulla Mausoom updated his twitter saying: ” SIFCO (of MNDF) & Maldives government venturing into tourism business? This will not promote capitalism, tourism or democracy!”

Mausoom told Minivan News that it was “not visible in many places” for military personnel to form joint ventures with the government and start investing in businesses.

“It is a trend observed mostly in communist states, where everything is run by the state,” he added. “This also seems to be going more in that direction.”

“However, my main concern is that the tourism industry is already saturated,” said Dr Mausoom, who has previously served as the Minister of Tourism and Civil Aviation under Gayoom’s administration.

He explained the industry was already challenged by the excess supply of resorts, which he claimed had been approved for development without any proper plans.

While several resort islands are now under development at a time when several investors are going bankrupt in the industry, Mausoom suggested that it is “not a good idea for the state to increase injection into the sector through joint-ventures.”

“It may be legal for the MNDF cooperative society to go into joint venture with government and even lease islands without even an open bidding process under the law. However, just because it is legal it does not mean it is the right thing to do,” he contended.

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