Day: November 22, 2012

Civil Court orders DRP MPs Azim and Nashiz to hand over mortgaged property as payment for BML loans

The Civil Court has ruled on Thursday that the properties mortgaged in relation to the Funaddoo Tuna Products unpaid loans are to be handed over to the Bank of Maldives (BML) within a period of 15 days.

The ruling permits BML to then sell the property in order to settle the payments. The mortgaged properties are Madivaru Yacht, Reethi Beach Resort and Funaddoo.

BML said in court today that as a result of delaying payment, the due amount has now risen from MVR 117 million (US$7,587,549) to MVR 206 million (US$13,359,274) , once the loan interest is added.

Representatives of the bank said in court today that the accounts of the individual guarantors have been frozen, according to local media. The guarantors are Dhivehi Rayyithunge Party MPs Ali Azim and Mohamed Nashiz, and Ahmed Rasheed of Rafeeguge.

The bank also said that the passports of the DRP MPs have now been held, preventing them from departing the country.

BML declined from commenting on the issue at time of press as the matter is an ongoing case.

Voted against Waheed’s wishes, court summons again: MP Azim

DRP MP Ali Azim has stood by his earlier allegation that the case being carried through now is politically motivated.

The police were given an order to present MPs Nashiz and Azim to court under detention, while the hearing was scheduled for the same time as the taking of votes in parliament to approve secret balloting for impeachment votes.

The court order was first cancelled a few hours after it was issued. Police Media Official Sub-Inspector Haneef had at the time said that the reason provided by the court was that the presiding judge had been abroad, and other cases had been scheduled.

Azim stated in parliament that he had received calls from President Mohamed Waheed Hassan, President’s Political Advisor Ahmed Thaufeeg and Spokesperson Abbas Adil Riza, asking him to cast the vote on secret balloting in a way they preferred. He alleged that they had offered to stop the summons if he voted in line with them.

Azim had said in parliament then that he was “not the least bit surprised” that Waheed had called, adding that Waheed had called previously for similar matters, including the Football Association of Maldives (FAM) elections.

However, the MP subsequently voted in favour of secret balloting.

The Civil Court then summoned the MPs to court again, and the hearing was held Thursday.

“We were summoned to court, and then there was the attempt to intimidate me. When I voted against his wishes, the court immediately summons me back again. I believe this is politically motivated,” Azim said today after the hearing.

DRP Leader Ahmed Thasmeen Ali, MP Mohamed Nashiz and Speaker of Parliament Abdulla Shahid were not responding to calls at the time of press.

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Parliament approves MVR 57.8 million budget for Auditor General’s Office

Parliament yesterday (November 21) approved 59-2 a MVR 57.8 million (US$3.7 million) budget for the Auditor General’s Office for 2013, MVR14 million (US$907,911) higher than its budget for 2012.

Presenting a Finance Committee report (Dhivehi) on the Auditor General’s Office’s budget, Chair MP Ahmed Nazim explained that parliament was mandated by the audit law to approve an annual budget for the office prior to the submission of the state budget by the Finance Ministry.

A request to increase the Audit Office budget was scrutinised by a sub-committee and approved after a thorough assessment, Nazim said.

Auditor General Niyaz Ibrahim told the committee that the additional funds would be used to hire 43 new staff. The Audit Office presently has 99 staff, including the Auditor General.

As part of its mandate, Niyaz noted that the Audit Office had to audit financial statements from members of the cabinet in addition carrying out annual audits of government offices and other state institutions.

Due to the geographic dispersion of the Maldives, the Audit Office needed to audit over 1,000 offices across the country, Nazim said.

During the debate on the Finance Committee report, most MPs spoke in favour of increasing the Audit Office’s budget and praised the “sincere” and “competent” work of Auditor General Niyaz.

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“Difficult” to believe arrests of MPs “not politically motivated”: IPU

The circumstances behind the arrests of Jumhoree Party (JP) MP Abdulla Jabir and Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor for their alleged possession of alcohol have been labelled “very worrying” by delegates from the Inter-Parliamentary Union (IPU).

Findings compiled by the three-person delegation raised further concerns over the failure to punish police officers who used excessive force on MPs earlier in the year.

At a press conference held today (November 22), the delegation revealed their findings following a three-day mission to the Maldives over alleged human rights abuses of MPs.

The delegation consisted of Philippine Senator Francis Pangilinan from IPU’s Committee on Human Rights of Parliamentarians, South African Parliamentary expert Peter Lilienfeld and Head of the Human Rights programme, Rogier Huizenga.

Pangilinan said that the circumstances surrounding the arrests of Jabir and Ghafoor earlier this month were “very worrying” and that the delegation found it “difficult” to believe it was not politically-motivated.

Both Jabir and Ghafoor – along with eight others – were arrested on the island of Hodaidhoo in Haa Dhaal Atoll for the alleged possession of alcohol and drugs.

The arrests were made days prior to a vote on whether or not a no confidence motion against President Mohamed Waheed could be voted with a secret ballot.

Following Jabir’s subsequent release by the Kulhudhuffushi Magistrate Court, the State has asked the High Court for an order to re-arrest Jabir.

State Prosecutor Hana Waheed requested High Court cancel the Kulhudhuffushi Court ruling, which stated that that there were no grounds to arrest Jabir.

Section 202.D of Parliament’s rules of procedure states that MPs cannot be arrested while there is a no-confidence motion before parliament to impeach the president or remove a cabinet minister, judge or member of an independent commission from his or her post.

However according to Hana, Article 202 of Parliament Standing Orders is against the constitution, and she requested the court to cancel the article and issue an order to arrest Jabir.

At a press conference this morning, Pangilinan from the IPU delegation said: “The circumstances of the arrest are very worrying. An impressive team of unidentified police and an army of officers allegedly carried out the arrests, reportedly without a warrant and ill-treated the MPs.

“We are well aware that the consumption of alcohol and drugs is forbidden in the Maldives, but we find it difficult to believe in light of the circumstances and timing of the arrests that the parliamentarians were not targeted for political reasons.”

The delegation further expressed their concern over the failure to punish the police officers who used “excessive force” against MPs earlier this year.

In March, the Maldivian Democratic Party (MDP) parliamentary group submitted cases alleging police brutality against the former ruling party’s MPs to the IPU’s human rights committee at the 126th Assembly held at Kampala, Uganda.

The cases targeted police brutality against MDP MPs on February 7 and 8, in particular on the latter date during a heavy-handed police crackdown on an MDP protest march that left scores injured and hospitalised, including former MDP parliamentary group leader and Hulhu-Henveiru MP ‘Reeko’ Moosa Manik and Maafanu South MP Ibrahim Rasheed ‘Bonda’.

“The delegation is deeply concerned that the police officers who used excessive force against the members of parliament earlier this year have not yet been punished, and that Members of Parliament appear to remain subject to intimidation.

“The delegation points out that in several of the cases in the use of excessive police force, there is clear video evidence available which should have enabled the authorities to take effective and swift action. The delegation therefore calls on authorities to do everything possible to expedite their efforts to a successful conclusion,” Pangilinan said.

Findings from the mission also revealed a lack of trust in the government from the general public and called for parliament to rectify this perception.

“The parliament does not help itself when it is perceived by the public as largely helping itself rather than the ordinary citizens,” Pangilinan added.

The delegation stressed that the issues raised were an internal matter, and that the IPU could only monitor and communicate with the necessary authorities in the hope that a resolution will come “sooner or later”.

“The outside world is not going to resolve these issues. Instead Maldivians sitting down, ultimately talking to each other to solve the issues of controversy is the only way,” said Peter Lilienfeld.

The murder of Progressive Party of the Maldives (PPM) MP Dr Afrasheem was also mentioned, noting that the delegates were happy to hear the authorities are close to completing the investigation, and that justice can “soon be recognised”.

The three-day mission saw the delegates meet with all relevant judicial executive and parliamentary authorities including the Police Commission, the Minister of Home Affairs and the President.

According to Pangilinan, the findings from the mission will be compiled into a report within one month, before being submitted to the IPU committee where it will be reviewed in January.

“We have informed the offices concerned with our findings that should there be any developments between now and January, that we would welcome any information on such developments so we can incorporate it when we meet in January and tackle the Maldives case,” Pangilinan added.

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High Court overturns Criminal Court’s July 2010 suspension of senior police officers

The High Court on Tuesday overturned the Criminal Court’s suspension of two senior police officers in July 2010, ruling that Chief Judge Abdulla Mohamed’s decision to bar Superintendent Mohamed Jinah and Inspector Mohamed Riyaz from the court for six months was unlawful.

The pair was suspended after they appeared in court over the detention of then-opposition MPs Abdulla Yameen, Ahmed Nazim and Gasim Ibrahim on charges of bribery and treason.

The suspension for alleged contempt of court was appealed at the High Court by the Attorney General’s Office on July 21, 2010.

Police meanwhile filed a complaint against the chief judge at the Judicial Service Commission (JSC) alleging “obstruction of high-profile corruption cases.”

The JSC has however not completed an investigation of the complaint to date. The case is among 168 complaints that the commission has yet to conclude as of December 2011, according to the JSC annual report for 2011 (Dhivehi).

In January 2012, the JSC revealed that there were 11 complaints filed at the commission against Judge Abdulla Mohamed, including allegations of corruption and abuse of power.

Procedural fairness

In its judgment on Tuesday (Dhivehi) – more than two years after the case was registered – the High Court ruled that the administrative action against Jinah and Riyaz was neither procedurally fair nor in accordance with regulations on holding persons in contempt of court.

A police media official told Minivan News at the time that court had “sent a letter signed by the Chief Judge of the court to Police Commissioner Ahmed Faseeh. The letter did not mention any specific reason [for the suspensions], only ‘ethical grounds’.”

The High Court noted that the Criminal Court did not reply to a letter from the Maldives Police Service – sent two days after receiving the letter from the Criminal Court on July 11 informing the Police Commissioner of the suspension – seeking clarification concerning the unprecedented action.

Police had asked the court to clarify the date the hearing in question took place, the nature of the contempt allegedly exhibited by the pair or the alleged violation of ethical codes, whether it had taken place outside the hearing and whether the police officers were given any warning prior to the administrative action.

While article 43 of the constitution guarantees the right to “administrative action that is lawful, procedurally fair and expeditious,” the High Court noted that due process was not followed by the Criminal Court as the officers were not informed either of the reasons for the action or “the date of the incident”.

The High Court ruling also referred to article 68 of the constitution, which states, “When interpreting and applying the rights and freedoms contained within this Chapter, a court or tribunal shall promote the values that underlie an open and democratic society based on human dignity, equality and freedom, and shall consider international treaties to which the Maldives is a party.”

“Obstruction of investigations”

Appearing on state broadcaster Television Maldives (TVM) on July 17, 2010, then-Deputy Commissioner of Police Ismail Atheef explained that Jinah and Riyaz had appeared in court on July 9.

However, the letter from Chief Judge Abdullah Mohamed informing police of the suspension was received two days later on July 11.

“If someone is in contempt of the court, action has to be taken immediately according to provision five of the court regulations,” he noted.

Atheef added that the detectives were not given any warning nor had their conduct in court been noted by the journalists who were present.

“So when this letter came to us, the way police interpret it is that this is an obstruction specifically of our investigation,” he claimed.

It was the first time that police officers were suspended from the Criminal Court, Atheef said.

The former Deputy Commissioner contended that the suspension was a deliberate obstruction because Riyaz and Jinah, as the two lead detectives and top police lawyers, would have had to appear at court to seek an extension for MP Nazim’s detention.

Meanwhile, Jinah was among a number of senior officers assaulted by mutinying police inside the police headquarters before the controversial transfer of presidential power on February 7, 2012.

Following the police mutiny at the Republic Square and violent clashes with military officers, Jinah was handcuffed and taken to the Dhoonidhoo detention island.

Local media reported this week that Jinah was demoted from the rank of chief superintendent to superintendent on November 19.

Jinah was reportedly demoted over remarks he made to the media following the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom.

However, in June this year, the Civil Court ruled in favour of Jinah in a case filed by Gassan claiming violation of his basic rights by the superintendent. In October 2011, Gassan was arrested on suspicion of hurling a wooden block into a crowd of Maldivian Democratic Party (MDP) protesters outside the former president’s residence.

While the former head of the Drug Enforcement Department (DED) has reportedly decided to leave the Maldives Police Service, police have said the request made last month has not yet been granted as the disciplinary board was investigating a case involving the senior officer.

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Government issues ‘last chance’ rent payment notices to resorts owned by political opponents

The Ministry of Tourism on has issued notices to five resorts warning that their lease agreements could potentially be terminated if the rent owed to the state is not paid.

Minister of Tourism Ahmed Adheeb told local newspaper Haveeru that rents paid by resorts constituted a large portion of national income, and said that only a few of the country’s 104 resorts were paying rent inconsistently.

This inconsistency, Adheeb said, was reflected in the national income and that therefore his ministry was giving these resorts one month to pay their dues or face being shut down by the government.

The resorts include Filitheyo Island Resort and Medhufushi Island Resort, both owned by AAA Hotels and Resorts, a family business owned by opposition Maldivian Democratic Party MP Ahmed Hamza.

Zitahli Resorts and Spa Kuda-Funafaru, Kudarah Island resort and Alidhoo Island resort – owned by Yacht Tours Maldives and J Hotels and Resorts – both companies owned by government-aligned Jumhoree Party (JP) MP Abdulla Jabir, were also issued notices.

Jabir – the deputy leader of the JP – this week turned on the government  following his arrest last week while on the inhabited island of Hodaidhoo, along with another fellow MP and senior opposition politicians.

The other arrestees were MDP MP Hamid Abdul Ghafoor – also the party’s international spokesperson – along with former SAARC Secretary General and Special Envoy to the former President, Ibrahim Hussain Zaki, former Press Secretary Mohamed Zuhair and his wife Mariyam Faiz.

Police claimed they found large amounts of “suspected” drugs and alcohol upon searching the island with a court warrant. The arrests were made “based on information received by police intelligence,” police said.

The Tourism Minister meanwhile told Haveeru that the government could “immediately terminate” the lease agreements and take back the resorts if rents and fines for non-payment of rent were not paid, but had instead chose to be lenient on the issue and give the resorts 30 days to pay up.

Adhee added that the government would terminate the lease agreements and reclaim the islands if the rent was not paid during the time period.

“This decision is to those resorts which are currently under operation. Not those that are already being developed. Now we have sent the final notice and the resort owners should decide on paying the rent,” he said.

The Minister claimed the government would terminate the contracts in such a way as to avoid affecting tourists currently staying in the resorts, or the employees working there.

“Politically motivated” – MP Abdulla Jabir

Speaking to Minivan News, Jabir blasted the government claiming the motive behind sudden issuance of the “warning notice” was “purely political” and intending to influence the re-submitted amendment to parliamentary regulations to conduct impeachment votes via secret ballot.

Three days ago a similar amendment initiated by the opposition MDP MP Ahmed Shifaz was defeated in the parliament floor by 34 to 39 votes. However, MDP MP Ibrahim ‘Bondey’ Rasheed has again re-submitted the amendment to Parliament’s Privileges Committee.

“I have only heard about this from the media. I have tried contacting the tourism minister since last night but he had been ignoring my calls. Because of the interview he gave to media, now tour operators are cancelling  bookings and the staff are not satisfied to continue working in the resorts,” Jabir said.

Jabir claimed that he had paid a settlement of US$2 million in rent during former President Mohamed Nasheed’s administration, which was “agreed as a settlement” for the rent of two islands.

However, Jabir claimed that the current government had chosen not to honour the agreement which resulted in continued addition of fines for non-payment of rent, that now stood at about US$4 million.

“I know following the recent political developments and due to my new opposition to the current government, [President] Waheed has now ordered the tourism minister to issue the repayment notice so to threaten his political opponents,” declared Jabir.

“This is highly politically motivated. He knew I was the one behind the submitting of the amendment to parliamentary regulations to make the impeachment vote a secret ballot. It was I who in the first place drafted that amendment and gave it to MP Ahmed Amir. They know this but I will still continue to work for that,” he explained.

“Will do everything to inform international investors what the President is doing” : Jabir

Jabir said he had known for a long time that President Waheed had “the desire to operate a resort” and desperately wanted “to give a resort or two to one of his children”.

“Now I have decided to hand over the resorts, and I am trying to do the formalities in front of the media. But how can I even do that if tourism minister does not have the courage to answer his mobile phone?”

The JP MP questioned why it was that resorts belonging to opposition politicians were being “targeted” while there were many other resorts which had failed to pay rent.

“What I am saying is very clear. If you want to take the resorts, fine take them. But I promise that I will make sure that Waheed’s ‘scorched-earth politics’ and his failed economic policy is informed to all international investors. Who would really want to invest in a country ruled by such a government?” Jabir questioned.

“Even in the US where the economy is failing, the government takes steps to help  businesses. But here it is the other way around. Owners and young businessmen are being beaten and forced to eat sand,” he said, referring to his earlier allegations of torture during the arrest in Hodaidhoo island.

Jabir stated that he was planning to sue the government for the “damages” he incurred following the decision.

“This notice has already costed me in millions,” he claimed.

MDP MP Ahmed Hamza was not available for a comment at time of press.

Statistics from the Maldives Inland Revenue Authority (MIRA) suggest that more than eight resorts are failing to pay rent, and the government is owed US$25 million.

According to Haveeru, Alidhoo Island Resort – operated by Yacht Tours Maldives owes the government a sum of US$4.7 million while Medhufushi Island Resort operated by J Hotels and Resorts owes the government US$ 5.9 million.

Meanwhile Filitheyo Island Resort owes the government a sum of US$ 5.2 million as both land rent and lease while Zithali Resorts and Spa Kuda-Funafaru owes US$395,859.

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