Year: 2012

UK-based lawyers to aid Nasheed defence in “unprecedented” legal move

The Maldivian Democratic Party (MDP) has confirmed two senior UK-based legal experts – one a specialist in Shariah Law – will be joining the defence team of former President Mohamed Nasheed ahead of his trial over the detention of a senior judicial figure whilst in power.

Party Spokesperson Hamid Abdul Ghafoor confirmed that Sir Ivan Lawrence QC and Barrister Ali Mohammed Azhar will be working with local lawyers Hisaan Hussain and Hassan Latheef in some capacity to represent Nasheed.

One practising lawyer in the country contacted by Minivan News today said the appointment of two foreign legal experts in a domestic trial was an “unprecedented” development within the country’s legal history, but could not clarify further at the time of press.

The former president, who will next month begin defending himself in court against charges that he illegally detained Criminal Court Chief Judge Abdulla Mohamed back in January 2012, has rejoined the MDP in a campaign around the country’s southern atolls in a bid to regain the presidency following February’s controversial transfer of power.

However, while free to campaign in the country, judicial authorities have said that Nasheed remains barred from leaving the country without court approval ahead of the next hearing of his trial in November.

Nasheed was himself presented to court on Tuesday (October 9) after being arrested a day earlier by police.

Speaking in court, he maintained that the detention of Judge Abdulla was justified on grounds of national security following the reported failure of other institutions to hold the judge accountable.

The former president also alleged that the charges are a politically-motivated attempt to prevent him from contesting presidential elections in 2013.

Nasheed, who is now restricted from travelling abroad without judicial approval , is required to return to court on November 4, giving his legal team 25 days to study evidence against him and prepare a defence. A period of 30 days had been originally been requested by lawyers, but was rejected by a three-member judging panel.

The state presented more than 30 pieces of evidence it claimed proved that Chief Judge Abdulla Mohamed was detained unlawfully, including the account of the judge himself.  It will also use audio and video of the judge’s detention, as well as speeches given by Nasheed.

Assisting with the former president’s defence will be veteran criminal lawyer Sir Ivan Lawrence QC, whose biography notes experience working within UK and international institutions like the Divisional Court, the Court of Appeal, the House of Lords and a mass murder war crimes trial at The Hague.

Nasheed will also be assisted by Barrister Ali Mohammed Azhar, who is also said to have worked extensively at high level UK institutions like the Court of Appeal and House of Lords, specialising in areas such as international and human rights law.

Azhar, who visited the Maldives back in 2005 along with Ivan Lawrence as part of a fact finding mission dealing with alleged human rights abuses, is also an expert in Sharia Law, according to his own biography.

Minivan News was awaiting a statement from the MDP about the appointments international legal assistance at the time of press.

Nasheed has meanwhile returned to campaigning with the MDP as part of a ‘journey of pledges’ that has seen the party touring a number of islands in the south of the country.

Despite having obtained permission to return to campaigning in the southern atolls following his arrest this week, the Department of Judicial Administration confirmed today that Nasheed was restricted from travelling abroad without court approval.

Department of Judicial Administration Spokesperson Latheefa Qasim that Nasheed’s passport had been withheld by the Hulhumale’ Magistrate Court following the issue of a warrant.

When asked about possible restrictions on the role foreign legal experts could have in domestic court hearings, Qasim said she would be unable to comment at present, having not been aware of the reported appointment of UK-based lawyers to Nasheed’s defence team.

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DRP deputy says party offering alternative for disillusioned voters

Dhivehi Rayyithunge Party (DRP) Deputy Leader Dr Abdullah Mausoom has claimed that his party can offer an alternative to what he calls the divisive and personality-based politics offered by its major rivals.

Prominent party members including Leader Ahmed Thasmeen Ali and Speaker of the People’s Majlis Abdulla Shahid have been in Addu Atoll this weekend to participate in a rally scheduled for this evening. The party will also be conducting door to door campaigning during its visit.

The event will coincide with the Maldivian Democratic Party’s (MDP) own rally in the country’s southernmost atoll that is being conducted as part of its ‘Journey of Pledges’ campaign trip.

Mausoom said that the timing of the event was a coincidence, with the date for the occasion chosen by local party members.

The DRP is currently the second largest in the country by membership, and the third largest by representation in the People’s Majlis – with 26,900 members and 13 MPs.

The MDP remains the country’s largest party, with 48,503 members and 30 MPs.  The Progressive Party of Maldives (PPM) has 17,489 members and 17 MPs.

Despite suffering a slight decline in members in recent months as well as some defections to other parties within the Majlis, Mausoom claimed that the drop had not been as severe as expected and that the DRP still remained more settled than either the MDP or the PPM.

The DRP was the second political party to be registered officially in the Maldives after the MDP following democratic reforms introduced at the end of President Maumoon Abdul Gayoom’s thirty year rule.  Gayoom founded the DRP before internal divisions last year resulted in the creation of the PPM.

In an interview with local media, Speaker Shahid has described the DRP as the mother of all political parties in the country, from which the PPM was born.

However, Mausoom believed that many people associated the PPM – now led by Gayoom – as a symbol of the past, whilst simultaneously feeling let down by the MDP who “over promised and under delivered”.

Mausoom said that the DRP was accused both of being a wing of the PPM as well as being on the verge of forming a coalition with the MDP.

“We are the only party taking the aspirations of the people seriously,” he contended.

Dr Mausoom said that the DRP had people with expertise and technical skills who had previously worked within both the governments of Former Presidents Gayoom and Nasheed.

He argued that the downfall of the MDP could be traced to the designation of jobs to its former activists regardless of skill.

“There is a strong culture of personality politics in the Maldives,” added Mausoom. “But Maldivian people are more politically educated than before.”

He described DRP Leader Thasmeen as a “true democrat”, who delegates responsibility throughout the party.

“While the MDP and the PPM are involved in jealous personal fights, the DRP is continuing to work as a responsible political party,” Mausoom added.

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Anantara resorts to debut “unique” Black Ivory coffee

Anantara resorts are offering their guests a unique culinary experience with the Maldivian debut of elephant-refined Black Ivory Coffee, writes Neil Merrett for Minivan News’ spin-off travel review site, Dhonisaurus.

“Taking influence from Kopi Luwak, a coffee variety derived from beans digested by civets that is then harvested from the creatures’ faecal matter, Anantara has claimed that its Black Ivory Coffee is instead refined by Thai elephants consuming arabica beans picked at an altitude of 1,500 metres,” says Merrett.

The beans are ground by hand and sell at $1,100 a kilogramme.

Blake Dinkin, founder of Black Ivory Coffee, said that he came up with idea through necessity after SARS led to the extermination of 10,000 civets in China.

It was reported that, following harvesting, the coffee beans are then refined at the Golden Triangle Asian Elephant Foundation (GTAEF) in Thailand which provides for street elephants and their trainers.

Eight percent of all the coffee sales goes towards financing veterinary care for the foundation’s elephants.

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FBI assisting with Afrasheem murder investigation: Police Commissioner Riyaz

The Maldives Police Service has said two US Federal Bureau of Investigation (FBI) officials are providing “technical consultancy” in investigating the murder of religious scholar and Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali on October 2.

At a press conference held on Thursday (October 11), Commissioner of Police Abdulla Riyaz also confirmed that two additional suspects have been arrested with regard to the case, increasing the total number of arrests in connection with the murder to six.

According to local media reports, Riyaz confirmed the same day that a total of 80 police officers have been assigned to the case. The police have now questioned 75 persons and are analysing 130 video clips from security cameras around the capital of Male’.

Riyaz further stated his belief that the murder had been committed as a pre-planned, calculated attack.

Talking to local media, Riyaz revealed that police officers had uncovered sufficient evidence, and were further investigating reports of related financial transactions to the case.

He confirmed that police would continue with the investigation until the culprits were found.

In an unprecedented move, the police service also announced that reward money amounting to MVR 500,000 would be granted to any person providing evidence that would lead to a conviction in the country’s courts.

Riyaz added that in cases where threats were made to ‘high-profile’ persons in future, police would be taking necessary precautionary actions to protect them.

Politics and religion

Following the murder of Dr Afrasheem, Maldivian Democratic Party(MDP) activists Mariyam Naifa and Ali Hashim were arrested on Tuesday, October 3 from Dolphin Cafe.

Although police failed to confirm at the time that the arrests were made in relation to the MP’s murder, Naifa’s lawyer confirmed that authorities had arrested her colleague based on ‘intelligence reports’ about the attack.

The MDP has since alleged that the arrests were politically motivated, expressing concerns that the “brutal murder of a respected and elected member of the Parliament” was potentially being used to frame political opponents.

In a press conference held on October 3, Assistant Commissioner of Police Hassan Habeeb stated, “We are not arresting people based on their political affiliations.”

Prior to his murder, Afrasheem had made his last public appearance on a live talk-show on TVM titled, “Islamee Dhiriulhun” (Islamic Living).

In his last broadcast words, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed later stated that the Islamic Ministry had in no way forced Afrasheem to offer a public apology for anything in his last TV appearance.

Earlier in September, local media had reported that the Islamic Ministry had held a meeting titled ‘Scholar’s Dialogue’ to hold discussions about how Afrasheem’s religious views contradicted those of other local scholars.

Shaheem had stated at the time that they had not been able to reach a common consensus, but that further meetings had been planned.

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Revised penal code to be sent to Majlis

Naifaru MP Ahmed Mohamed has told Sun Online that a review of the Penal Code is due to be sent to the Majlis later this month.

The bill – first sent to the Majlis in 2006 – is set to replace the 1961 code, and includes 1204 articles, reported Sun.

“We are now completing the pending items which were set aside earlier, and obtaining opinions of different groups on these matters. If the Parliament continues without disruption, we can send the bill to the Parliament floor before the end of the month,” Ahmed said.

“The penalties have been revised to suit current times. Exile has been eliminated almost completely,” he added.

Ahmed said the bill was long-overdue, having been delayed due to parliamentary unrest and lack of space. He anticipated that the bill would pass without major debate.

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Health Minister says compassion can cure sector’s ills

Minister of Health Dr Ahmed Jamsheed has told local media that 80 percent of the problems in the healthcare sector could be resolved if patients were spoken to in a more compassionate manner.

“We have to keep in mind that patients are usually worried. They don’t go to the doctor for fun. We have to provide patient-focused services,” he told Sun Online.

He said that one bad experience by a patient can affect an entire community.

Referring to issues regarding the payment of salaries in the sector, Jamsheed said that these concerns were related to problems in the Finance Ministry.

“Problems with receiving salaries should not affect their work. That should not be the attitude of health sector employees,” he said.

Sun Online also reported that Minister of State for Health Lubna Zahir had stated that the HIV spreading behaviour was on the rise in the Maldives.

Speaking at the closing of the Enhancing the Response to HIV/AIDS in the Maldives project, Lubna said that the risk was highest amongst drug users.

“We have collected information that shows that behaviours that contribute to the spread of HIV are increasing at an alarming rate. The risk of HIV spreading fast in the Maldives is extremely high,” Lubna is quoted as saying.

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Go through process, but do not allow trial to disenfranchise former president: McKinnon

While the Maldives’ judiciary is “not the strongest of the democratic institutions in the Maldives”, the international spotlight would encourage a fair trial of former President Mohamed Nasheed, Sir Don McKinnon has told ABC Radio Australia.

The Commonwealth Secretary-General’s Special Envoy for the Maldives told the channel that the international community was watching the matter “very closely”.

Nasheed was arrested by the police on Monday acting on a warrant from the Hulhumale’ Magistrate Court, where the Prosecutor General has filed charges concerning the former president’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, while in office.

Nasheed has maintained that the detention was justified on grounds of national security following the failure of other institutions to hold the judge accountable, and alleged that the charges against him are a politically-motivated attempt to prevent him from contesting the 2013 elections.

“All the major players that have been talking to the Maldives recently are also saying go through your processes, but do not allow this to disenfranchise the former president,” McKinnon told ABC Radio.

Asked whether he shared Nasheed’s concerns that he would not be tried fairly, “I think on this particular case [the judiciary] know very well that there’s more than just a few Maldivian people watching this trial.”

“The international players are watching and I believe that the Maldivian judiciary will be very careful,” McKinnon said.

“It certainly can be fair and it should be fair. These people know exactly what is expected of a judiciary, but there is a high level of political sensitivity in that country, there’s a tense atmosphere which does get more difficult from time to time. But there is still the possibility of having a fair trial, yes,” he said.

Asked about the country’s future, McKinnon suggested that “we who live in Western countries expect things to happen very fast. I began my dealings with the Maldives probably about seven years ago, encouraging them to have a new constitution, have free and fair elections, which they did. And that was the first time they’d really had free and fair elections in 2008.

“Now on that basis Maldives democracy is really only four years old, so there’s still a lot of elbowing people around, much of the political structure within the Maldives is based on personalities, there’s not great ideological divides, there are six or seven different parties in and out of the margins right now. There are many things that it is grappling with that it’s never had to grapple with before, and the important thing is the international community give them support to allow this very fledgling democracy to mature.”

Failure to defend democracy

Former President Nasheed has meanwhile told the UK’s Guardian newspaper that the international community had failed to defend democracy in the Maldives, saying that it was “difficult for me to believe that democracy is sacred for the international community”.

“The people of the Maldives have lost faith with the international community … which has taken a very narrow view,” Nasheed told the paper.

“It is very certain that they can’t win [the election] with me [standing] as a candidate so they are trying all sorts of ways to stop me … It is really quite chilling,” he said, noting that his party had decided to boycott the election if he was excluded from running.

“No travel ban”

The government has meanwhile issued a statement noting concerns raised by the UK, US and European Union regarding the arrest of Nasheed.

Minister of State for Foreign Affairs Dunya Maumoon – daughter of Nasheed’s predecessor Maumoon Abdul Gayoom – said the government was “fully committed to strengthening democracy and rule of law in the Maldives”.

“[Nasheed was released from police custody after the first hearing. He was taken into custody following a court order issued by the Hulhumale’ Magistrate Court, after he ignored court summons and refused to appear for the first hearing of the case which had been originally scheduled for 1 October 2012 and rescheduled for 7 October 2012,” she said.

“Contrary to claims by the Maldivian Democratic Party (MDP), and also by Amnesty International, police did not use excessive force during the arrest of the former President Nasheed. His safety and security had been the priority and no one was harmed or pepper sprayed during the operation,” the statement read.

“The Police Integrity Commission (PIC) and the Human Rights Commission of Maldives (HRCM) had been invited to observe the operation. While in custody, former President Nasheed was afforded the right to an attorney and meet with his family members. There is no travel ban on him and he is currently travelling out to some of the atolls.”

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“Challenges” anticipated as Maldives adopts mandatory motor cover

Vehicle owners in the Maldives are be required to have third party motor insurance under new regulations coming into force today or otherwise face paying a potentially indefinite number of fines from police, transport authorities have warned.

Assessing the new law, which will have direct impacts on police and insurance providers in the country, the head of the Transport Authority of Maldives said that a “wait and see” approach would be taken before judging the efficiency of the new regulations and how they are being undertaken.  The authority said it nonetheless held reservations about the actual insurance regulation as well as the capacity of private and state institutions to ensure motorists were correctly registered.

However, the Maldives Police Service has said it does not expect the motor insurance regulations to severely impact officers in carrying out their duties due to an potential increase in workload.

Several key insurers in the country have meanwhile announced measures to try and keep up with demand.  These measures have included extending office hours across the last week and launching an online purchasing of insurance coverage.

The introduction of the new law requiring all owners of two and four wheel motor vehicles on the country’s inhabited islands to have third-party insurance was ratified under the previous government in the form of an amendment to the Land Transport Act.

The insurance bill was required to be brought into force three years from the start of the Act, together with regulations stating that the mechanisms for investigation of accidents, identifying the cost of damage and claim for damage should be made public.

Speaking to Minivan News, Transport Authority Chair Abdul Rasheed Nafiz said that concerns remained over the original legislation amendments, as well as the capacity of private companies to ensure members of the public would be correctly registered in time.

“My question is whether [insurance companies] can finish registering people on time,” he said. “There was a little concern about this, but I have spoken with the companies [this week] and they have said that staff had been sent out to islands to assist with registering. Insurance groups have been extending their office hours to meet demand.”

Nafiz said that in order to speed up the registration process for the country’s motorists, customers would be initially able to obtain coverage for a vehicle providing they present valid documentation proving their ownership. He added that customers would then be able to finalise registration at a later date with insurers as the law comes into place today.

Nafiz also pointed to what he believed were “problems” within the regulation calling for mandatory insurance that needed to be addressed as a result of the law coming into effect without further study.

“The law itself has some problems; any driver found by police not to be insured will have to pay a MVR750 fine. However, there is no limit on the number of times police can charge a person without insurance,” he said.  “In one hour even there can be several violations against the same vehicle. This puts drivers at the mercy of police.”

Nafiz added that insured motorists should nonetheless carry official proof of their insurance policy.

Transport authorities claimed that the new regulations also created challenges for police themselves, with any accidents having to be reported to officers within seven days of occurring.

“Traffic police will then be required to investigate the case and produce an accident report,” he said, adding that a copy of the report would then be sent to the insurer. “We will wait and see how efficient this will be. Police have agreed they will go to accidents to investigate.”

Nafiz also criticised the previous administration for some of the challenges presently being experienced over implementing the mandatory insurance, claiming the former government has undertaken “no work” on the matter after amending the Land Transport Act.

With the regulations coming into place today, Police Spokesperson Hassa Haneef said that officers were already performing random checks on vehicles across the country to check drivers had the correct registration and documents.

“We will be performing checks on a daily basis to ensure vehicle are registered according to the proper rules and regulations,” he said. “This won’t be much different to an officer’s existing work.”

Nafiz said that transport authorities had met with three to four insurers n the country in order to outline a standardised annual cost for vehicle coverage order with the implementation of a mandatory motor insurance policy.

“We managed to get agreement with every company to charge the same amounts in terms of maximum costs. They can charge lower if they like, but the companies have agreed to a maximum amount,” he said. “We have been using TV and radio to try and notify the public about this change.”

Nafiz claimed that under the new insurance scheme, the most that can be claimed was a total of MVR 100,00(US$6500)  an amount designed to cover charges related to injury or vehicular damage. Under this programme, up to 60 per cent of this total amount could be used to cover expenses linked to injuries sustained during an accident.

According to Nafiz, another challenge had been faced in terms of agreeing the basic levels of coverage afforded by the standard vehicle insurance policy – discussions that he claimed had become “heated” at times.

It was proposed that the insurance would cover damages of over MVR 2,500 (US$160). However, from research we conducted, most of the damage caused in vehicle accidents would be to plastic covers on a bike or a bulb on a headlight. These were the type of things we found garages were dealing with,” he said. “So if owners are having to pay MVR 500 (US$32) in costs to repair damage, what is the benefit they are getting from insurance?”

Nafiz contended that such a system would serve only to encourage garages inflating charges to MVR2,500 per bill. In response, he claimed insurers agreed on offering a second option, where a package would be offered that covered damages to vehicles under MVR 2,500. However, such a package would require a customer to pay higher premiums on their policy in return.

Last minute demand

Whilst the new regulations may have led to an influx of custom for some companies, several insurers speaking to Minivan News have said that they face challenges themselves after being increasingly inundated with “last-minute” demand from motorists.

Allied Insurance Company of the Maldives, one of a number of groups providing the third-party vehicle coverage in the country, said that it had seen a large number of customers continuing to request coverage today even after the regulations came into force.

Ahmed Riyazi, Information Systems Manager for the company said that over the course of the last week, demand for vehicle insurance rose from 150 customers a day to 1,000 clients a day.

As well as a surge in custom, the company claimed that it faced other challenges in providing services to customers on the country’s outer atolls.

“Geography has certainly been challenge we have faced [with providing motor insurance], but we are also seeing a lot of late demand from customers,” he said.

In an attempt to overcome the problem, Allied today announced the launch of an online payment service from its website that allows customers to purchase both motor and travel insurance coverage instantly.

Amidst strong demand for vehicle insurance, insurer Amana Takaful has said it has also experienced people “rushing to get a policy at the last minute” as the new regulations were launched.

Imran Ramzan, Assistant Manager of Marketing for Amana Takaful, said the company had as of Sunday (October 7) prolonged its open hours till 10:00pm to try and meet customer demand.

“Even now, demand remains very high as it seems most people have waited until the last minute to arrange insurance for their vehicles,” he said. “This strong amount of last minute demand has created a bottleneck, but we are working with our customers to ensure they are all registered correctly and on time,” he said.

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Half of cabinet to be provided with MNDF bodyguards

Seven of the government’s 14 cabinet ministers have been assigned Special Protection Group (SPG) bodyguards from the Maldives National Defence Force (MNDF).

Colonel Abul Raheem of the MNDF said that the bodyguards had been designated upon the ministers’ request.

SPG bodyguards are of the same type provided to the President, Vice President and the Speaker of the House.

When asked if this was in response to any specific threats, Raheem was keen to point out that the move had not come as a specific response to recent events.

“This is not because of what happened recently – security guards have been requested previously,” said Raheem.

The security of government officials has become a prominent issue in the country following the murder of MP Dr Afrasheem Ali last week.

Following the murder, parliament’s ’241′ Security Committee summoned Commissioner of Police Abdulla Riyaz to discuss issues including the MP’s murder and politicians’ safety.

After failing to resolve the case, the police revealed earlier this week that they will seek foreign assistance in its investigations.

Earlier this week former Education Minister Dr Musthafa Luthfy called for a review of security arrangements afforded to Maldivian politicians over fears of an increase in “orchestrated” political attacks in the country.

The comments were made after Luthfy had been struck in the face on October 6 by an unidentified assailant on the island of Kanduhulhudhoo, Gaafu Alif Atoll.

Former President Mohamed Nasheed last week requested, in writing, that his Maldives National Defence Force (MNDF) security detail – provided under the Former President’s Act – not accompany him on a campaign tour.

The MNDF later released a statement saying that it could not take any responsibility for harm that might befall the former president whilst not under its protection.

A spate of high profile murders and an increase in assaults in the Maldives has led to criticism of the Home Minister Mohamed Jameel Ahmed, with some going as far as to table a no-confidence vote in the People’s Majlis.

This week the cabinet has urged the President to take immediate measures to ensure safety and security in the country.

Local media reported that the cabinet’s security committee had decided to review businesses offering 24 hour services, and that police will conduct increases vehicle checks in an effort to maintain peace on the streets.

The government also announced its decision yesterday to submit a bill which will govern the implementation of the death penalty.

Despite being on the statute books, the Clemency Act and a lack of facilitating legislation has resulted on a de facto moratorium on capital punishment since 1953.

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