Month: November 2012

Nasheed requests intervention in Hulhumale Magistrate Court legitimacy case

Former President Mohamed Nasheed has requested the Supreme Court allow him to intervene in the case over the legitimacy of the Hulhumale Magistrate Court.

Nasheed is to face charges in the Hulhumale Court over the unconstitutional arrest and detention of Chief Criminal Judge Abdulla Mohamed.

Procedural points regarding the legitimacy of the Hulhumale Court had been raised by former president Mohamed Nasheed’s legal team, the claims over the courts legitimacy were however dismissed by the Hulhumale Magistrate Court.

The Supreme Court issued an order over the High Court to cease its cases regarding the legitimacy issue of the Hulhumale Magistrate Court, until a decision had been reached.

The Supreme Court has confirmed the request made by Nasheed to intervene in the Hulhumale Court legitimacy case, however it is yet to respond to the request, court said.

The first hearing of the case is scheduled for 2:00pm today at the Supreme Court.

The case is being tried at Supreme Court upon request from the Judicial Services Commission to take over the case from the lower court.

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Councils to receive more empowerment: President Waheed

The government has planned more work in cooperation with the Local Government Authority (LGA) to ensure further empowerment of councils, President Dr Mohamed Waheed Hassan has said.

Speaking to the people of Meedhoo in Raa Atoll last night, Waheed said that the main aim of decentralisation is to empower islands, and facilitate authority to councils to carry out their work.

According to Waheed, the authority for councils was withheld when several island council elections were won by parties other than the ruling party.

Instead of empowering councils, national offices were established, resulting in little progress being made in the process of the decentralisation of governance.

Waheed admitted that since he assumed the post of president he had not been able to assist with decentralisation issues to acceptable levels.

He did note however, that he had abolished national offices and empowered Atoll councils with the responsibilities of national offices.

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Island raid suspects who refused urine tests to be prosecuted: police

Individuals who refused to undergo a routine urine examination following their arrest on the island drug and alcohol raid could face prosecution.

The Thursday night raid carried out by police saw various members of parliament and senior politicians arrested on the island of Haa Dhaalu Hondaidhoo, for alleged alcohol and narcotic abuse.

Police Sub-Inspector and Media Official Hassan Hannef said police requested all persons arrested at Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki, G Hilaalyge and three foreigners complied with the request.

MP for Kaashidhoo Constituency Abdullah Jabir, MP for Henveiru Dhekunu Constituency Haamid Abdul Ghafoor, former President Nasheed’s Press Secretary Mahomet Zuhair, his wife Mariyam Faaiza, and former President Nasheed’s Chief Advisor Ibrahim Hussain Zaki, allegedly refused to cooperate with police in the urine testing procedure.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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Ameen proposed by JP council as replacement transport minister

The Jumhoree Party’s (JP) Vice President and Chairman of VTV, Ameen Ibrah, has been proposed by the JP council to replace Dr Ahmed Shameed as Transport Minister.

If accepted, Ameen will replace recently dismissed Dr Ahmed Shamheed.

Dr Shamheed – who is also a JP member – was removed from his cabinet post after he extended the Maamigili Airport lease to JP leader Gasim Ibrahim for 99 years.

JP Spokesperson Moosa Rameez said that 15 out of 22 members present at last night’s council meeting voted in favour of Ameen.

JP Secretary General Hassan Shah was also suggested, however he received no votes as Ameen’s name was passed by the council, Moosa said.

The coalition-aligned party asked the government earlier this week to reinstate Dr Ahmed Shamheed as Transport Minister, however this was rejected by the government.

Sun Online reported that reliable sources had said Ameen was passed by the council with strong backing from JP leader Gasim Ibrahim. This was later denied by the party spokesperson.

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President’s Office Spokesperson “stands by” comments against GMR, Indian High Commissioner

President’s Office Spokesperson Abbas Adil Riza confirmed that he stands by his controversial comments made against Indian High Commissioner D M Mulay last week.

Speaking at a rally on November 9 calling for the government to “reclaim” Ibrahim Nasir International Airport (INIA) from Indian infrastructure giant GMR, Riza described Mulay as a “traitor and enemy of the Maldives and the Maldivian people”.

The remarks have since been widely reported by Indian media, sparking a diplomatic row and forcing the President’s Office to issue a statement distancing itself from the comments.

Riza also spoke at a rally last Friday, characterising the Indian media coverage of his remarks as a “success” and urging participants to persevere “until GMR leaves this country.”

Riza told Minivan News that the comments were made in his “personal capacity” rather than his “official capacity”, adding: “The comments were my personal opinion and I still stand by them.”

Members of parliament expressed concern over the remarks made by Riza, leading to a debate on the matter last Tuesday (November 13).

During the debate, MPs of the opposition Maldivian Democratic Party (MDP) condemned the comments claiming they were made against diplomatic protocol and could affect bilateral relations with India.

Meanwhile, MDP MP Eva Abdulla alleged that the remarks made by Riza were not those of his own but were rather under “direct orders” from President Mohamed Waheed Hassan.

The majority of former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM) MPs attempted to defend Riza, and tried to switch the focus to High Commissioner Mulay.

In an apparent contradiction to its comments in parliament, the PPM on November 12 issued a statement dissociating the party from the “slanderous” allegations made against Mulay.

Meanwhile, PPM MP Abdul Azeez Jamaal Aboobakr defended Riza, stating that a person’s freedom cannot be limited because of his employment, and that Riza too had his freedom of speech.

Aboobakr also highlighted that Riza had at the beginning of Friday’s speech said that he was going to make the remarks not in his official capacity as the spokesperson, but in an individual capacity.

More recently the Indian Government has expressed concern over the “continuing political instability” of the Maldives.

A statement released by the Indian Government on November 17 also showed concern about the “anti-Indian protests” being staged in the country.

President Mohamed Waheed Hassan Manik yesterday told Indian News Agency, Press Trust of India (PTI) that India need not be concerned with affairs in the Maldives.

Speaking about the GMR contract signed under the previous government, Waheed told PTI: “The agreement [to lease INIA to GMR] was signed by the previous government, and the circumstances leading to the stamping of the deal were questionable. Hence, this is not a problem that we have with GMR, but with a bad agreement.

“We have to pay GMR 1.5 million US dollars per month under the current arrangement of the agreement in operation, and that is beyond our capacity.”

The government’s financial liability in the airport deal – its most recent bill for the third quarter was US$2.2 million – is the result a of a civil court case filed by the now ruling-coalition Dhivehi Qaumee Party (DQP), during the Nasheed administration, which blocked GMR from levying an airport development charge (ADC) as stipulated in its concession agreement.

The Civil Court ruled in the DQP’s favour. Opting to honour the contract, the Nasheed administration instructed the company to deduct the ADC from its concession fees while it sought to appeal the matter.

The new government – which includes the DQP – inherited the problem following the downfall of Nasheed’s government on February 7. In the first quarter of 2012 the government received US$525,355 of an expected US$8.7 million, after the deduction of the ADC. That was followed by a US$1.5 million bill for the second quarter, after the ADC payable eclipsed the revenue due the government.

Combined with the third quarter payment due, the government now owes the airport developer US$3.7 million.

GMR has previously offered to compromise by exempting Maldivian nationals from paying the ADC, but claimed not to have received a response from the new government.

Protests continuing

Meanwhile political groups in the Maldives continue to stage protests against the GMR contract. The Indian infrastructure giant hasa said it is flexible about discussing issues within the framework of the agreement with the Maldives government.

A senior official of GMR told the Hindu Business Line: “We remain flexible within the framework of concession agreement…If they want to scrap the agreement, [in that case] we are finished.

“We have already invested more than $200 million. Our banks are watching. It is impossible for us to scrap and sit back.”

Meanwhile, the Maldives government has been asked by India to ensure the safety and security of its nationals in Maldives and “Indian interests” in the country in view of the ongoing anti-India demonstrations.

The anti-GMR campaign, from which Riza’s comments stem from, has been increasing pressure on the government to annul the agreement.

Adhaalath Party President Sheikh Imran Abdulla – a leading figure in the anti-GMR activities – gave the government a six-day ultimatum to cancel the contract.

Despite the initial date having passed without any official conclusion, Sheikh Imran, speaking at the artificial beach on Friday (November 16) night, said: “The Maldivian President has heard our plea, [He] has said that he heeds and respects it, [He] needs some time to arrange a few things.

“Hence to give [him] some time even if the previously issued ultimatum is up. The work is being done in this manner. Hence to give some space and stay put.”

In light of this information, Sheikh Imran has said that the ultimatum has now been extended to November 30, adding: “Our patience will wear out at some point, after that point we will go for direct action. After November 30, we will go for direct action. We will not stay still.”

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Situation in the Maldives of no concern for India: President Waheed

India does not need to be concerned about the current situation in the Maldives, according to President Dr. Muhammad Waheed Hassan Manik.

Speaking on the day of the initial anti-GMR ultimatum date (November 15), Dr Waheed told Indian News Agency, Press Trust of India (PTI) that affairs within the Maldives were well, and India had no reason to be concerned.

Concern has been raised by the Indian government following the “anti-Indian” protests being staged in the Maldives, a statement released yesterday (November 17) said.

Protests calling for the government to “reclaim” the Ibrahim Nasir International Airport (INIA) from Its Indian operator GMR took place in the Maldives last week.

In response to PTI’s question regarding the turmoil surrounding INIA and GMR, the President revealed that the airport lease agreement between GMR and the previous government of the Maldives had been entered in “questionable circumstances.”

“The agreement [to lease INIA to GMR] was signed by the previous government, and the circumstances leading to the stamping of the deal were questionable. Hence, this is not a problem that we have with GMR, but with a bad agreement,” said the Waheed, according to PTI.

Responding to a question about whether the pressure from political parties in the Maldives to take back INIA from GMR is irresponsible – as former President Mohammed Nasheed stated – Waheed said: “We have to pay GMR 1.5 million US dollars per month under the current arrangement of the agreement in operation, and that is beyond our capacity.”

The Indian Government has since expressed its concern about the situation in the Maldives, according to a statement released yesterday (November 17).

The Statement also said that India had registered its concerns with the Maldivian authorities.

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Court scheduling practices enabling judicial corruption: senior legal official

A senior legal official who served under the current and former administrations has claimed the country’s legal system is wide open to corruption, by allowing individual judges to schedule court hearings at their whim.

The legal figure, who has been involved in some of the country’s highest profile cases in recent years, told Minivan News that it was “quite evident” that the lack of a centralised system for scheduling legal hearings was not only resulting in massive inefficiency, but also allowing for corruption within the country’s court system.

Both the Prosecutor General’s (PG) Office and the country’s judicial watchdog body have maintained they have limited involvement at present in deciding when hearings should be scheduled – with almost all decisions being taken by individual courts.

However, a PG’s Office spokesperson claimed that the Criminal Procedure Code presently sitting within the People’s Majlis was, if passed, anticipated to allow pre-trial hearings to give the prosecution and other parties a greater say in agreeing general timeliness for trials.

The senior legal source, who asked to remain anonymous, concurred that the responsibility for scheduling trial and sentencing hearings was presently the responsibility of individual courts and the judges overhearing them. The source alleged the system had created a situation where the judiciary, in certain cases, set hearings either as soon as possible, or instead delay them for up to several years depending on their own preferences and political motivations.

Such inconsistencies within the scheduling of several cases involving senior parliament and political figures – or their close associates – had left courts open to allegations of corruption and political motivation, the senior legal official claimed.

In one case submitted by the PG’s Office that involved a staff member working for former President Maumoon Abdul Gayoom facing allegations of child abuse, the source claimed there had been a delay of several years between the trial’s last last hearing and sentencing – despite all evidence having been submitted to the court.

“The judge presiding over the trail announced that the next hearing would be to deliver sentencing, but there had been delays of several years before this was scheduled,” the source claimed. “I understand letters were written by the PG’s Office asking to expedite the case, yet the situation [of delayed hearings] is quite common.”

The legal source claimed that this was just one example of a number of cases that had undergone significant delays – sometimes over the space of years – awaiting their next hearing within the nation’s courts without any specified reason.

“There must be hundreds of cases like this,” he said. “There is no central system for scheduling hearings, just six or seven judges all acting independently of each other.”

In outlining alleged inconsistencies within the scheduling of court hearings, the source pointed to the decision of the Criminal Court on February 23 this year to dismiss three long-standing counts of fraud against Parliament Deputy Speaker and ruling-coalition aligned MP Ahmed Nazim all at once.

The decision was taken by the court 16 days after the controversial transfer of power on February 7, with the presiding judge stating that Nazim’s “acts were not enough to criminalise him”.

“The Criminal Court dropped all of Mr Nazim’s cases,” the anonymous source claimed. I had never seen a criminal case where so much evidence failed to lead to a conviction.”

In an interview to the local media outlet Sun following the rulings, Nazim claimed that a total of four cases against him over alleged fraud were baseless and had been leveled by former President Mohamed Nasheed’s administration, using false evidence.

Nasheed is currently being tried over the detention of a Criminal Court chief Judge, who he alleges took the country’s legal system into his own hands and posed a threat to “national security”.

Aside from allegations of potential corruption, the source also raised fears that the present lack of a centralised scheduling system was failing to promote accountability or efficiency in the nation’s judiciary.

“If for instance the PG’s Office files two different cases about the same suspect, the courts might schedule one hearing for today and another next week, with the judge unaware that there are pending cases against the suspect.

Mandate

Responding to Minivan News over the allegations of potential judicial corruption, court watchdog the Judicial Services Commission (JSC) referred the matter to the Department of Judicial Administration, saying the scheduling of hearings and any such concerns were not within its mandate.

“The scheduling of court hearings are administrative procedures undertaken by individual courts,” the JSC said.

The Department of Judical Services meanwhile said that when hearing criminal cases there presently existed no time limits by which time court hearings should be scheduled.

“In Criminal cases, there are no regulations stipulating requirements about such time limits. However, the court works on a guideline administratively adopted” said department spokesperson Ahmed Maajid.

Minivan News was still waiting for a response from the Department of Judical Services about these administrative guidelines at time of press.

Questioned as to whether the legal sources were shared by the prosecutor general, a spokesperson for the PG’s Office told Minivan News that it was for the courts to determine the schedule of court hearings.

“Generally we are not involved, unless, for example, a hearing involves travel to some of the country’s outer islands, then we might discuss a schedule with the courts,” he said.

The PG’s Office said it did not “usually” write to the courts regarding the issue of court scheduling , unless it had itself received complaints over the matter.

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Liquor and drug island arrest like a “terrorist killing operation”: MP Abdulla Jabir

Jumhoree Party (JP) MP Abdulla Jabir has spoken of the severe brutality he and others faced whilst being arrested on Thursday’s island raid, likening the actions of the police to that of “terrorists”.

A ‘special’ operation carried out on Thursday night concluded with the arrest of ten people on the island of Hodaidhoo in Haa Dhaal Atoll, a police statement read.

Police said they found large amounts of “suspected” drugs and alcohol upon searching the island with a court warrant.

Jabir, who has since been released from custody, told how the arrested group suffered at the hands of the police during the night-time raid.

“We had gone there to have dinner and spend the night on the island, but at about 4:00am, when most of the group were asleep, we were confronted by hundreds of police.

“They said we were drinking alcohol, so I asked them to show a warrant and they didn’t have one. They then started hitting and beating us, they wanted to kill us,” he alleged.

“This did not feel like a police operation, it felt like a terrorist killing operation and it should not be acceptable anywhere in the world,” Jabir told Minivan News.

Jabir said how members of the group were “ripped” out of bed, including a two-year-old child, before being arrested “face-down” on the sand.

“The child had to watch his parents being treated like animals in front of him, it was psychologically damaging,” Jabir claimed.

“[Police] beat us to the ground, put us face down and stood on our heads whilst we were handcuffed. We were treated like pieces of s**t,” Jabir added.

Those arrested included MDP’s international spokesperson MP Hamid Abdul Ghafoor (MDP), former SAARC Secretary General and Special Envoy to the former President, Ibrahim Hussain Zaki, former Press Secretary Mohamed Zuhair and his wife Mariyam Faiz.

The others arrested were Jadhulla Jaleel, Hamdan Zaki, two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana.

Jabir explained that there was “no alcohol or any other illegal substances whatsoever” on the island, adding: “If we had been interested in alcohol, we could have gone to one of my resorts.”

“None of us have any interest in alcohol, we had gone to the island to have a picnic. As for hash oil, I don’t even know what that is,” Jabir said.

The arrests were made “based on information received by police intelligence,” police said. Sub-Inspector Hassan Haneef told Haveeru that the suspects were arrested with alcohol and “hash oil”.

Jabir claimed that if any items were found, they would have been “planted” by the police.

“I don’t know who was behind this, but I will go to every length to find out who ordered this operation and see they are behind bars.

“I had heard about police brutality, but this was beyond my imagination. It felt like they wanted to kill Zaki and myself,” he added.

Following the arrests, the suspects were taken to Kulhudhufushi in Haa Dhaal Atoll, and Zaki was hospitalised.

Former Human Resource Minister Hassan Latheef tweeted: “IH.Zaki was severely beaten by baton n handcuffed for hours before he was taken to Police. Marks r seen at his thigh n face.”

Former President Mohamed Nasheed also tweeted that he had spoken to the lawyers of Zaki and other MPs, who confirmed they had been beaten.

“Spoke to lawyers of Zaki & MPs. They have been beaten, ill-treated and no alcohol or drug was found in their position or from their rooms,” Nasheed said.

Parliament’s Privileges Committee held an emergency meeting on Friday following the arrests.

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.

The Majlis secretariat released a statement on Friday afternoon stating that Speaker Abdulla Shahid had instructed police to abide by parliament’s rules of procedure after he was informed of the arrests.

Despite a police attempt to extend the detention periods, all suspects including the two MPs have now been released by the Kulhudhufushi Magistrate Court, with exception of Zaki’s son Hamdan Zaki and Jadhulla Jaleel after the court extended their detention for five days.

Zaki is currently undergoing treatment at ADK hospital after being flown to Male’ this morning.

It has been alleged by the MDP that the arrests were a politically-motivated attempt to disrupt parliament ahead of a no confidence motion against President Dr Mohamed Waheed Hassan.

Following the arrests, Nasheed alleged in a tweet that the arrests were made the same day Waheed had “threatened” parliament during a speech on Kinolhas in Raa Atoll.

“Less than 24 hours after my former deputy threatened the parliament, police have arrested MP Hamid, Jabir and my press secretary. They must be freed immediately,” Nasheed said.

The island of Hodaidhoo was leased to Yacht Tours for resort development in January 2003. According to Haveeru, it was previously inhabited but the population was relocated to Haa Dhaal Hanimadhoo in 1997. MP Jabir is Chairman of Yacht Tours.

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Adhaalath party extends GMR ultimatum to November 30

The Civil Coalition’s ultimatum to reclaim the Ibrahim Nasir International Airport (INIA) from its operator GMR has been extended to the end of this month.

The initial ultimatum for the Maldivian government to annul the agreement with GMR had an original deadline of November 15.

Speaking at the artificial beach on Friday night, leading figure in the anti-GMR activities, Adhaalath Party President Sheikh Imran Abudlla, said: “The Maldivian President has heard our plea, [He] has said that he heeds and respects it, [He] needs some time to arrange a few things.

“Hence to give [him] some time even if the previously issued ultimatum is up. The work is being done in this manner. Hence to give some space and stay put.”

According to Sheikh Imran, the ultimatum has been extended to November 30 as the president has heard their plea and respected it.

He added: “However our patience will wear out at some point, after that point we will go for direct action. After November 30, we will go for direct action. We will not stay still.”

President’s Office spokesperson Abbas Adil Riza, announced that “GMR must go” at the Friday night rally.

He added that the anti-GMR campaign must continue until GMR is ousted, insisting that relations between India and the Maldives should not be affected by it.

“Maldives has always considered India as an uncle, we will never go up against India. It is not GMR who sells us potatoes and onions, it is not GMR who sells us construction material, it is our brothers in India. They will always remain by our side,” Abbas said.

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