October 10, 2012 – Minivan News

‘Sun Travel’ Shiyam says World Bank cannot give any more money to Maldives

MP for Meedhoo constituency Ahmed ‘Sun Travel’ Shiyam has informed the Majlis that, after meeting with a representative of the World Bank, he was told that no additional money could be provided to the Maldives, reports Sun Online.

“The reason given by him is that Maldivian citizens are being forced to cope with political unrest and danger. He said that Maldivians are in dismay, and that investors are apprehensive about investing in Maldives,” he said.

Shiyam was reported in local media as telling the Majlis that investor confidence was being negatively affected by the country’s politics.

Sun reported Shiyam as saying that more attention should be given to the opinions of foreigners in the Maldives affairs and that new faces were needed on the political scene.

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Jagged islands: The Economist

“Emerging from their planes, tourists are whisked into lavishly equipped boats which cross the turquoise sea to their resort islands, or onto seaplanes to get to farther-flung islets. Those who visit the capital find a tiny city which functions well and looks strikingly modern by South Asian standards,” writes a columnist for the Ecnomist.

“Beneath the calm, there are bitter, highly personalised differences of view regarding the former president, Mohamed Nasheed, who was arrested on October 8th in the south, a week after fleeing the trial to which he had been summoned. He was released from custody on October 9th, given 25 days to answer charges that he overstepped his powers while president, and restricted from leaving the capital.

His supporters extol him nonetheless. “For so many years he was the only one fighting for our democracy, our freedom, our right to speak our mind,” says Ahmed, a photographer in Male. He is not a member of Mr Nasheed’s Maldivian Democratic Party (MDP) but praises the changes it has brought, ranging from better transport between islands to a health-insurance scheme.

Adam, a young doctor, feels differently. He feels that under Mr Nasheed’s presidency it became “not cool to say you’re a devout Muslim who prays five times a day”. He says the ex-president was whimsical, and asks why he had to spend a month personally overseeing the construction of a conference centre in the southernmost atoll.”

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MDP submits no-confidence motion against President

The Maldivian Democratic Party (MDP) has submitted a no-confidence motion in parliament against President Dr Waheed Hassan Manik.

According to MDP, the no-confidence motion was submitted to the parliament in response to orders from by Waheed to attack citizens and MDP MPs, and to carry out acts of inhumanity on February 8 which were executed by the army and police.

The MDP alleged that President Waheed had destroyed the sensitive economy of the nation and that his handling of the economy has destroyed foreign investor confidence in the Maldives.

The MDP also noted that Dr Waheed’s government had not taken appropriate measures to curb gang violence in the country.

The party also raised the government’s recent loan of MVR 300 million (US$19.5 million) from the Bank of Maldives (BML) without the consent of the parliament as legally required.

Progressive Party of Maldives (PPM) MP Ahmed Nihan told Minivan News that he was “very confident all PPM MPs are with Dr Waheed and this no-confidence motion vote will fail in parliament.”

Nihan said the MDP’s objective was to obstruct parliament from conducting its work, to waste parliament’s time, and to disturb President Waheed.

‘’MDP also have it on their agenda to split the coalition parties,’’ he added. ‘’They are doing this just to pressure the parliamentarians at a time when the people of the nation are in need of the parliament.’’

Nihan reiterated that many of the important bills submitted to the parliament by MPs have been sitting in parliament for ages without being passed.

He also criticised the MDP for saying that Dr Waheed had destroyed the economy of the state, and said that MDP was responsible for ‘’bringing [Indian airport developer] GMR to the Maldives, and selling Dhiraagu shares to Cable and Wireless.’’

Dhivehi Rayithunge Party (DRP) MP Dr Abdulla Mausoon said the party had not discussed the matter, but said the DRP would not follow the MDP.

“Although we haven’t officially decided on the matter our view on it is already known. We will not support any irresponsible issues created by MDP,’’ Dr Mausoom said. “All the DRP MPs that have already met me have joked about this. We will not dance to the beat of the MDP,’’ he said.

He also said he believed the MDP was trying to drive media attention away from former President Mohamed Nasheed’s ongoing trial.

Jumhoree Party (JP) MP Alhan Fahmy recently said that he would submit a no-confidence motion against President Dr Waheed Hassan and said he was receiving cooperation from MDP and other parties in parliament.

Later his party’s leadership dismissed the comments he made and said the party was in support of Dr Waheed.

Parliament figures show that MDP has 30 MPs, Dhivehi Rayithunge Party (DRP) has 13 MPs, Progressive Party of Maldives (PPM) has 17 MPs, Jumhoree Party (JP) has 5 MPs, Dhivehi Qaumy Party (DQP) has one MP, People’s Alliance Party (PA) has 3 MPs, while 7 MPs remain independent.

It takes a two-thirds majority to win a no-confidence motion against the President or Vice President.

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Waheed government submits bill to facilitate death penalty

The government has announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

“It is currently a punishment passed by the judiciary and a form of punishment available within the penal system of the Maldives,” said Home Minister Dr Mohamed Jameel Ahmed.

“But for full guidance and matters governing the matter, legislation is required,” he added.

A meeting of the cabinet yesterday strongly condemned last week’s murder of MP Dr Afrasheem Ali and urged President Dr Mohamed Waheed Hassan to start taking immediate measures to ensure safety and security in the country.

President’s Office spokesman Masood Imad said that the government had received a large number of calls for implementing the death penalty.

“We are having enormous pressure since these high profile murders,” he said. “We have indications – the talk around the town – that there will be more murders.”

The Maldivian Democratic Party (MDP) has this week proposed a no-confidence motion against the home minister, citing the unprecedented instances of murder and assault in the country since he assumed office in February.

Afrasheem’s murder was the 10th in the small country this year, sparking much debate on the death penalty.

Following the murder of high profile lawyer Ahmed Najeeb on July 1, two people were sentenced to death after Najeeb’s heirs opted for qisas (equal retaliation) rather than blood money.

Public outcry over Najeeb’s murder prompted Chief Justice Ahmed Faiz to declare that full enforcement of the courts’ rulings is necessary to maintain the effectiveness of the judiciary.

A case was submitted to the High Court in August, requesting that it annul the President’s ability to commute death sentences to 25 years imprisonment, provided in the Clemency Act.

Similarly, in April Ahmed Mahloof – parliamentary group member from the government-aligned Progressive Party of the Maldives (PPM) – proposed an amendment to the Clemency Act to ensure that the enforcement of the death penalty be mandatory in the event it was upheld by the Supreme Court.

In a comment piece written for Haveeru following Najeeb’s murder, however, Special Advisor to the President Dr Hassan Saeed warned that implementing the death penalty could be both arbitrary and prohibitively expensive.

Judiciary and human rights

The last execution in the Maldives came in 1953 when Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Since that time, the Maldives has retained the practice of the death penalty for murder although Islamic Shariah tenets also give the courts the power to pronounce capital punishment for offences such as sodomy, fornication, apostasy and other crimes against the community.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

Jameel said that there was to be no re-consideration of the Clemency Act but that “necessary reform to legislation governing the criminal justice system will be undertaken by the government.”

Concerns over the judiciary were confirmed in the Commission of National Inquiry (CNI) report which investigated the events surrounding the resignation of former President Mohamed Nasheed in February.

The final report recommended that immediate steps be taken to improve the performance of the judiciary.

“The judiciary must enjoy public confidence and where there are allegations about judges’ conduct, the Judicial Services Commission must act in a timely and definitive way and report,” read the report.

Aishath Velezinee, formerly Nasheed’s appointee to the Judicial Services Commission (JSC), has said that corruption and an unreformed judiciary were the primary causes of crime in the country.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she told Minivan News in a previous interview.

In July, the UN Human Rights Council (UNHRC) said it was “deeply concerned about the state of the judiciary in the Maldives,” as well as calling for the abolition of the death penalty, in order to ensure the Maldives’ compliance with International Covenant on Civil and Political Rights (ICCPR).

After speaking with a Maldivian delegation headed by Jameel, the council released a statement saying that the state had acknowledged both that the independence of the judiciary was severely compromised and that the death penalty did not deter crime.

Today marks World Day Against the Death Penalty – organised by an alliance of more than 135 NGOs, bar associations, local authorities and unions seeking the universal abolition of capital punishment.

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UK, EU express “concern” over arrest of Nasheed

The UK and the EU have issued statements expressing concern over the arrest of former President Mohamed Nasheed.

“Along with our international partners, we call on the Maldivian authorities to ensure any trial is fair and transparent,” said UK Foreign Office Minister Alistair Burt.

“These latest developments underline the need for all parties to resume dialogue and work together to implement the democratic reforms identified by the Commission of National Inquiry (CNI) in August. We look forward to peaceful, free and fair elections next year, in which all political parties are able to participate fully,” Burt added.

Meanwhile in Europe, “it is with great concern that the High Representative [of the European Union for Foreign Affairs and Security Policy, Catherine Ashton] learned about the arrest of former President Nasheed of the Maldives.”

Ashton “recalls the assurances given by the Government of the Maldives as regards the personal safety of Mr Nasheed and his right to a fair trial,” her office stated.

“In view of the importance of the next presidential elections, the High Representative reiterates the need for credible and transparent elections allowing for the full participation of party candidates.”

Former President Mohamed Nasheed has been released from custody following the first hearing of a trial in the Hulhumale Magistrate Court concerning his detention of Chief Criminal Court Judge, Abdulla Mohamed.

Nasheed was temporarily held at Dhoonidhoo detention facility on Monday (8 October) ahead of yesterday’s hearing after he broke a travel ban imposed on him by the court.

The former president and his Maldivian Democratic Party (MDP) have maintained that the charges of detaining Chief Judge of the Criminal Court Abdulla Mohamed are a politically motivated attempt to prevent him from contesting the 2013 election.

“The Prosecutor General’s only objective is to ensure I cannot contest next elections,” said Nasheed, at a rally on Tuesday night following his release from court.

“What is the specific moment during the orchestration of the coup that all political actors were noting as most important? The moment when Abdulla Ghazi (Judge Abdulla Mohamed) was released. The coup d’etat that was brought in this country was made possible because our criminal justice system has failed.”

The US Embassy in Colombo earlier issued a statement urging “all parties to find a way forward that respects Maldivian democratic institutions, the rule of law and the Maldivian constitution, as well as protects human rights and fundamental freedoms.”

“We urge all sides to remain calm, reject the use of violence and to avoid rhetoric that could increase tensions. It is our expectation that former President Nasheed be given every due process that the law allows,” the embassy stated.

“In response to statements that somehow the United States was involved in the detention of former President Nasheed, the Embassy strongly denies that claim,” it added.

“We note that all US law enforcement cooperation [with the Maldives] includes activities that focus on professionalisation and professional development of the police and places special emphasis on the need to adhere to international standards of human rights and the strengthening of democratic institutions and the rule of law.”

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Police file case against man for pricking girls with a pin

Police said they have completed an investigation and submitted a case to the Prosecutor General (PG) against a man who had been arrested for allegedly pricking girls with a pin.

According to the statement the case was sent to the PG office on September 30.

The 31 year-old man, Hussain Shareef of G Greenland, was charged with harassing a group of girls from Ahmadhiyya School by pricking them with a pin in various areas of their bodies, multiple times.

The police statement said that Shareef was brought into police custody at approximately 7.44pm on August 28, 2011.

The police declined from confirming whether Shareef was being kept in police custody since his arrest or whether he has been freed.

Police Media Official Sub-Inspector Hassan Haneef had not responded at the time of press.

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“Prosecution’s only objective to ensure I cannot contest next elections”: former President Nasheed

Former President Mohamed Nasheed in a public speech on Tuesday challenged the Prosecutor General (PG) as to why “such a small charge” was being raised against him while he was being accused of “the much larger crime of having hijacked the entire criminal justice system of the Maldives”.

Following Nasheed’s first hearing in the case against him regarding the arrest of Criminal Court Chief Judge Abdulla Mohamed, the former president addressed a crowd of over 1500 supporters at the Maldivian Democratic Party (MDP)’s rally grounds in ‘Usfasgandu’ on Tuesday night.

Speaking at the rally, Nasheed stated that the Prosecutor General had filed a case against him under Article 81 of the Penal Code for the arrest of a judge.

Article 81 of the Penal Code states that it is a criminal offence for any employee of the state to use the constitutional powers to arrest vested on him to deliberately arrest a person who has not committed a crime. The article further details that the maximum penalty for this offence is either a jail sentence or banishment for a period of up to three years, or a fine of up to MVR 2000 (US$130).

“If, as the President of the Maldives, I arrested the Chief Judge of the Criminal Court, then it is not as small a crime as is stated in Article 81. The Prosecutor General’s only objective is to ensure that I cannot contest in the next presidential elections. To do so, he has identified an article which would provide just the required period of detention to cancel my candidacy,” Nasheed explained.

“In truth, if I have committed the crime he is accusing me of, then it is far more serious than he is currently saying. If such a crime has been committed, then the charges must be for having dismantled the whole criminal justice system.”

“That the PG is not charging me for that, and instead is sticking to such a small charge shows beyond any doubt that he is looking at the matter from a political perspective,” Nasheed alleged.

Nasheed said he was confident that his legal team would prove in court the challenges that the criminal justice system of the country was facing, the problems that the whole justice system of the Maldives was facing, the ensuing risks to national security, and that the steps taken by the President of the Maldives to solve the issue fell within the legislative framework of the country.

Nasheed also said that government employees in the southern atolls had raised concerns of not having received their monthly salary.

“Hassan Thaajudeen declared a wage system in the 1600s. Since then, the state has never once failed to pay wages, until now. What we are seeing are the effects of the coup,” Nasheed said.

Regarding the actions of the police, Nasheed stated that there were many police officers who worked with the national interest in mind. He said that these officers were following the orders of their “political leaders” with reluctance.

“The Home Minister may have instructed (police) to shoot me in the head and bring me back. Home Minister may have asked them to bring me with my hands cuffed behind my back. The Home Minister may also have asked them to completely destroy Aslam’s house, or destroy Fares-Mathoda and bring me back. We do not at all doubt that the state has the means and manpower to do so. However, these past few days have made it even clearer to me that there are lots of police and soldiers who are aligned with the national spirit,” Nasheed stated.

Nasheed further stated that the MDP’s campaign trip to the southern atolls, the “Journey of Pledges” had been interrupted by the state with the use of force disproportionate to the situation.

“Some days we fall, but then we get back up even faster,” Nasheed said, stating that the campaign trip would resume on Wednesday morning.

After the first hearing of the case on Tuesday, the court has scheduled the next hearing to be held on November 4. Although Nasheed has been freed from police custody after Tuesday’s hearing, he is still effectively under island arrest.

“We have heard the manifesto of our political opponents. They vow only to detain President Nasheed for a long period of time. There is nothing for the benefit of the people,” Nasheed said.

“Our party’s and my own first pledge is that my name will be on the ballot paper,” Nasheed declared, prompting loud cheers from his supporters.

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