Month: January 2013

Maritime surveillance system launched with US assistance

A maritime surveillance system to monitor and identify vessels operating within Maldivian territorial waters has been established with the assistance of the US government.

The surveillance system will be used to collect data from seven Automatic Identification Systems (AIS) installed along major Maldives shipping channels and is a commercial system consisting of shore based receivers and transponders.

US Ambassador for Sri Lanka and the Maldives, Michele J Sison, spoke at the handover ceremony for the Maritime Surveillance System in Male’ on Thursday.

“As the Maldives seeks to become a greater contributor to maritime security in the region, these systems will increase their capabilities and open up even further opportunities for cooperation with its international and regional partners,” Ambassador Sison said.

The system will greatly enhance Maldives’ maritime domain awareness and increase its contribution to regional maritime safety and security, the US Embassy said in a statement.

“The AIS system provides data used to identify ships and their positions and allows for a common operational picture so that operators may view the information from all of the sensor sites,” the Embassy added.

During the launch ceremony Thursday (January 31) Defence Minister Mohamed Nazim called the system a “major boost to national security” and “the beginning of the many tasks ahead,” reports Haveeru.

Nazim also discussed the importance of “maintaining close ties” with India and Sri Lanka for the protection of Maldivian territorial waters and that the system will benefit neighboring countries in the Indian Ocean, according to local media.

The surveillance system will improve situational awareness by enabling the identification of and communications with vessels operating inside territorial waters, according to Head of the Maldives National Defence Force (MNDF) Communication Electronics Information Technology Service, Lieutenant Tholhath Hassan.

The seven strategic locations for the system include Villi-Male, Uligan Island in Haa Alif Atoll, Maafilaafushi Island in Kaafu Atoll, Kahdhoo Island in Laamu Atoll, Kaadehdhoo Island in Gaaf Alif Atoll, Gan Island in Seenu Atoll, as well as Fuvahmulah Island in Gnaviyani Atoll.

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High Court brings forward Nasheed’s appeal case

The High Court has brought forward former President Mohamed Nasheed’s appeal case, now scheduled for Sunday.

Nasheed is being tried in the Hulhumale’ Magistrate Court for the controversial detention of Chief Judge of Criminal Court Judge Abdulla Mohamed in January 2012.

The former President’s legal team lodged the appeal challenging the Hulhumale’ Magistrate Court’s ruling on three procedural issues raised during the court’s first hearing held October 9.

Speaking to Minivan News, MP Mariya Ahmed Didi confirmed the legal team had been informed of the decision to move the hearing.

“I understand from President Nasheed’s lawyers that they have received summons for February 3, as Nasheed had requested to depart the country the afternoon after the hearing. As far as I understand no particular reason was cited,” she said.

Didi however expressed concern over the High Court taking decisions on such short notice, stating that as Nasheed received legal council from abroad, such sudden changes in scheduling were inconvenient.

“These are Queens Counciler’s and their schedules are set in advance.  It is not possible to reschedule at such short notice. We have requested the High Court to bear with us on that,” she said.

Didi contended it was imperative that Nasheed be given “all opportunities to defend himself as a defendant in a criminal trial”. Nasheed “should not be an exception to that,” she said.

Spokesperson for the Department of Judicial Administration (DJA) Latheefa Gasim was not responding.

Meanwhile, Nasheed’s legal team has also sought an opportunity to highlight in court the Supreme Court’s ruling concerning the legitimacy of the Hulhumale’ Magistrate Court.

The Supreme Court has declared that Hulhumale’ Magistrate Court is legitimate and can operate as a court of law, following the Judicial Service Commission (JSC)’s request that it clarify the court’s legality.

MP Mariya said Nasheed’s legal team was of the opinion that the issue decided in the Supreme Court was different from the issue put before the High Court by the legal team.

“We hope the High Court will give our lawyers the opportunity to explain the distinction and consider all issues before they give a judgment on the matter,” she said.

Following the Prosecutor General (PG)’s decision to press charges against Nasheed in the Hulhumale’ Magistrate Court instead of Criminal Court, Nasheed’s legal team initially challenged the legitimacy of the Hulhumale’ court arguing that it was created in violation of the Judicature Act.

The team raised the issue during the first hearings of the trial, along with other procedural inconsistencies, but all were rejected. They later appealed the case in the High Court along with other procedural issues.

Despite its initial rejection of the procedural points, the High Court later accepted all points made by Nasheed’s legal team except that concerning the legitimacy of the Hulhumale’ Magistrate Court. It later issued an injunction ordering the magistrate court to suspend Nasheed’s trial until a decision on the procedural points raised by Nasheed’s legal team was reached.

Controversies

The case has been subject to controversy after Nasheed’s party  claimed the trial was a politically motivated attempt to bar Nasheed from contesting in the next presidential elections.

The UK Bar Human Rights Committee (BHRC) in a recent report concluded that the charges against Nasheed appeared to be a politically motivated attempt to bar the Maldivian Democratic Party (MDP) candidate from the 2013 presidential elections.

“BHRC is concerned that a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives,” the report stated.

The report observed that the detention of the judge was “not a simple case of abuse of power”.

“Rather, the underlying narrative of the situation is that of a president desperate to bring change to a new democracy after decades of oppression, and finding himself thwarted by the inability of the organs of state set up by the constitution to deliver much needed reform,” the report stated.

Referring to “the large number of international reports” that have found the Maldivian judiciary to be flawed, the BHRC noted that the Judicial Service Commission (JSC) “failed in its twin tasks of ensuring that the judiciary has the appropriate experience and qualifications, and in bringing to book the judges who fail to fully and fairly implement the rule of law”.

“Implicit in these criticisms is that Mr Nasheed cannot be guaranteed a fair trial,” the report concluded.

Arrest of the judge

Chief Judge of the Criminal Court Abdulla Mohamed was taken into military detention of January 16, 2012 at the request of then Home Minister Hassan Afeef on the grounds that the judge posed a threat to national security.

The judge had successfully blocked investigation of his misconduct by the judicial watchdog and quashed his own police summons.

Abdulla Mohamed had “taken the entire criminal justice system in his fist,” Afeef said, accusing him of obstructing high-profile corruption cases, releasing murder suspects, colluding with drug traffickers, and barring media from corruption trials.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef contended, and had arbitrarily suspended court officers.

The arrest triggered series of anti-governmental protests that eventually led to the sudden resignation of then President Nasheed on February 7, 2012.

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MDP accuses Home Minister of influencing former President’s trial

The Maldivian Democratic Party (MDP) have accused Minister of Home Affairs Dr Mohamed Jameel of attempting to influence an ongoing court case against former President Mohamed Nasheed.

The party has previously alleged the charges against Nasheed – of illegally detaining Chief Judge of the Criminal Court Abdulla Mohamed in the final days of his presidency – are a politically-motivated attempt to prevent him competing in the upcoming election.

Jameel was reported in local media as stating that it was “crucial to conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

Jameel, who served as Justice Minister under the tenure of former President Maumoon Abdul Gayoom, said that delaying the trial against Nasheed for “the abduction of a judge” risked “compromising national interest”.

He alleged the delay was due to “various reasons”, and would very likely have “adverse effects on the political and social fabric of the nation”.

“If things happen  this way, people will start believing that it was due to the failure to address some issues in the Maldives’ judicial system, which need to be looked into. And in my opinion, the courts will have to take responsibility for this,” Jameel said in his interview with news website Haveeru.

Expressing concern that it would be an “extremely worrisome matter” if people started speculating that the reason for the delay in prosecuting Nasheed was that the country’s judiciary was not performing to par, Jameel said, “Every single day that goes by without the case being concluded contributes to creating doubt in the Maldivian people’s minds about the judiciary.”

Jameel stated that the case has a direct relation to the interest of the upcoming elections since the arrest of Abdulla Mohamed was a criminal case which involved citizens’ rights, trust of the judiciary, as well as the the running of the state.

Stating that the conclusion of the case was imperative for the sake of maintaining peace in the country in the upcoming days, Jameel added that it was constitutionally mandated for all involved to find methods to expedite such cases.

Minister attempting to influence courts: MDP

Following Jameel’s remarks, former President Nasheed released a statement condemning “attempts by the sitting Minister of Home Affairs, Dr Mohamed Jameel, to exert undue influence on the courts over the trial against President Mohamed Nasheed.”

The statement further expressed concern that a representative of the government had made such remarks while it had failed to date to act upon the recommendations of international organisations, including the UN Human Rights Commission (UNHRC), the International Commission of Jurists (ICJ) and the Commonwealth Ministerial Action Group (CMAG), to reform the judicial system.

“Just days after Commonwealth envoy Sir Don McKinnon left the Maldives, Dr Jameel calls on the judiciary to sentence the MDP’s presidential candidate,” said former Chairperson of the Maldivian Democratic Party (MDP), MP Mariya Ahmed Didi.

“MDP members believe Sir Don’s silence on the issue of Nasheed’s prosecution emboldened the Home Minister to make his comments,” she said.

“Jameel’s call on the courts to sentence President Nasheed prior to the presidential elections adds to the impression that the charges are politically motivated. We urge the Home Minister to refrain from intimidating and exerting undue influence on the the judiciary,” she added.

Nasheed  has previously alleged that the objective of the trial was to obstruct him from contesting the upcoming presidential elections.

“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 told an MDP rally in October 2012.

Nasheed is being tried under Article 81 of the Penal for the arrest of Criminal Court Chief Judge Abdulla Mohamed.

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).

Home Minister Mohamed Jameel Ahmed was not responding to calls at the time of press.

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Maldives plummets to 103rd in Reporters Without Borders Press Freedom Index

The Maldives has plummeted to 103rd in the Reporters Without Borders (RSF) Press Freedom Index, a fall of 30 places and a return to pre-2008 levels.

“The events that led to the resignation of President Mohamed Nasheed in February led to violence and threats against journalists in state television and private media outlets regarded as pro-Nasheed by the coup leaders,” RSF observed, in its annual ranking of 179 countries.

“Attacks on press freedom have increased since then. Many journalists have been arrested, assaulted and threatened during anti-government protests. On June 5, the freelance journalist and blogger Ismail “Hilath” Rasheed narrowly survived the first attempted murder of a journalist in the archipelago,” RSF noted in its report.

The index ranks countries according to levels of press and media freedoms. Countries with the best levels of press freedom rank highest, with northern European and Scandinavian countries filling the top three positions: Finland, Netherlands and Norway respectively. Turkmenistan, North Korea and Eritrea took the bottom three places.

The Maldives’ ranking places it alongside Mali (99th), which experienced a military coup last year, and Fiji (107th), which experienced a coup in 2006.

Prior to the country’s first multi-party democratic election in 2008, the Maldives was ranked 104th – an improvement on its 2007 ranking of 129th, and 2006 – 144th. The country’s ranking in 2009-2010 reflected dramatic improvements in press freedom, rising to 51st and 52nd respectively. The ranking slipped to 73rd in 2011.

Despite its plunge in 2012, regionally the Maldives still ranked higher than India (140th), Sri Lanka (162nd), Pakistan (158th), and Bangladesh (144th).

“Only three Asian countries are in the top 25 percent of the table, while 15 countries are among the bottom 45 places,” observed RSF.

“Unsurprisingly, one-party authoritarian governments figure more than ever among the predators of press freedom and languish at the bottom end of the table.”

“Press freedom has crashed”: former President

“Press freedom in the Maldives has crashed since Dr Waheed’s coup,” read a statement today from former President Mohamed Nasheed.

“Security forces have beaten up journalists, and the regime has targeted and threatened independent media outlets,” Nasheed wrote.

“One of the defining images of the coup was Dr Waheed’s own brother leading a gang of mutinying police and storming the Maldives National Broadcasting Corporation (MNBC), pulling the station off air and locking the journalists in a room. Suppression of the media has been the hallmark of Waheed’s rule.”

President’s Office Spokesperson Masood Imad was not responding at time of press.

The release of the RSF Press Freedom Index closely follows the release of the annual Freedom House survey of political rights and civil liberties, in which the Maldives was dropped from the list of electoral democracies alongside Mali.

The country’s political rights rating shifted from three to five (higher is ‘less free’) during 2012, “due to the forcible removal of democratically elected president Mohamed Nasheed, violence perpetrated against him and his party, the suspension of the parliament’s summer session, and the role of the military in facilitating these events,” Freedom House stated.

Police and military join demonstrators in storming the state broadcaster on February 7:

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Case against Customs Director for “conferring undue advantage” sent to PG

The Prosecutor General’s Office (PG) has received a case against Customs Director of Finance and Accounts Ismail Hamdhoon, alleging he used the “influence of his position” to “confer undue advantage to a particular group,” reports local media.

The Anti-Corruption Commission (ACC) released a statement today (January 30) saying that they previously investigated two 2009 incidents.

“Customs had placed an order for the production of MVR 57,000 (US$3,696) worth of shields, without any prior announcement for submission of estimations,” Sun Online reports.

“An order worth more than MVR 25,000 (US$1,621) was placed for the production of a number of awards, which was also done without prior announcement for estimation,” local media added.

The Public Finance Act states that an announcement must be made to “seek parties for estimates” when spending above MVR 25,000 (US$1,621), according to local media.

The customs transactions Hamdhoon is being prosecuted for were carried out with his permission after “the customs tender committee informed employees not to make such transactions without proper announcements,” ACC said to Sun Online.

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Two men arrested playing football during President’s visit to Kan’ditheemu

Two men were arrested while playing football on Kan’ditheemu island in Shaviyani Atoll during President Dr Waheed Hassan Manik’s visit on January 26, one of whom remains in police custody.

Police Spokesperson Hassan Haneef confirmed to Minivan News that “one person from Kan’ditheemu island in Shaviyani Atoll has been arrested for obstructing police duty and is being held [in the regional capital] Funadhoo for 10 days.”

A source with knowledge of the police investigation confirmed two men had initially been taken into police custody, however one was released without charge.

“The police are responsible for security issues and made a decision based on the rule of law,” Kan’ditheemu Island Council President Nasrullah told Minivan News.

Multiple witnesses from Kan’ditheemu claim that Ahmed “Aabe” Agil was “forcefully” arrested, despite not breaking any laws or causing any disturbance.

Hussain Naushaad, a 19 year-old football player, was also arrested and held in police custody for two hours on Kan’ditheemu. He was released upon Waheed’s departure.

Approximately 30 minutes prior to Agil’s arrest, around 25 youth primarily consisting of students were “warming up” for the daily afternoon football match, on the pitch across the road from Shaviyani Atoll School. The footballers were passing balls back and forth on the main road of Bodu Magu, sources stated.

At the same time, Waheed was headed towards the school, but had not yet arrived.

Naushaad claimed he accidentally kicked the football into the school wall twice.

“A police officer from Funadhoo came and said ‘don’t hit the wall again’. The officer waited some time and then left, so we kept practicing.

“I passed the ball again and it hit the wall, which is when the police officer came and arrested me,” Naushaad explained.

A witness told Minivan News that when Naushaad was arrested many of the players commented to police that “this is not good” and “this is not the way you have to act”.

During the football match that took place immediately following Naushaad’s arrest, two footballs were inadvertently kicked over the fence and into the road. The police then confiscated these balls, according to witnesses.

“If play is prohibited then you must say that before we start. The police came and took two balls that went on the road but never said to stop playing,” sources explained.

According to one witness, Agil told the police “even if you take those balls, we can still keep playing.”

“The police don’t have a legitimate answer [for why he was arrested]. The real problem is that he talked back to the police,” the witness added.

“Most of those playing were students and everyone was shouting ‘baghee’ [traitor], but not directly to any officers in particular,” a witness said.

According to another witness, police believed Agil was “purposefully causing a disturbance and they suddenly ran onto the field and arrested him.”

“He was not resisting arrest or speaking, but the police still took him forcefully. There was no need for that,” another witness said.

“They took him because they are [Dhivehi Rayyithunge Party] bagees and they wanted to arrest him,” yet another witness remarked.

The sentiment was echoed by a further witness: “this is baghee nonsense,” he said.

Agil was arrested in his football practice gear and was not permitted to take a change of clothes, nor did the police inform his wife as to why he was being arrested or how long he would be in police custody, according to a source close to Agil’s wife.

The source added that Agil was being held on Funadhoo and has been permitted to call his wife once a day under strict supervision. He was periodically being taken to the court on a nearby island, because there is no magistrate present to preside over the Funadhoo court.

Agil was initially being held for five days, however this was later extended to 10 days.

Police provoking political polarisation

“This is a sad issue. Aabe is a very, very important youth member of our community. I do not want or like to see anyone arrested,” said the Island Council President, Nasrullah.

A source on Kan’ditheemu alleged the island council keeps a list of Maldivian Democratic Party (MDP) activists for police, Progressive Party of Maldives (PPM), and DRP members to “concentrate on”.

The same source claimed that DRP and PPM members are threatening MDP supporters living on Kan’ditheemu, particularly those not originally from the island.

“They are making problems and saying that if those people are supporting the MDP, they will come against them. The day after Waheed’s visit, MDP members had their property destroyed. Motorcycle seats and hanging laundry were slashed with a knife,” the source added.

Asked about these allegations Nasrullah stated, “The 100 percent truth: there is no list of MDP members being targeted, the island council is not supporting this.

“Inappropriate graffiti was also put on an island council member’s wall. We want people to come and visit our island, there will be no one kicked off Kan’ditheemu. No one at the island council level has agreed to such things,” he added.

A source close to the island council stated that youth on the island were just angry about the arrest and were spreading rumours.

“President Waheed’s trip was successful, but sad things have happened because of it. I’m very sorry, deep in my heart I cried,” the source added.

While visiting Kan’ditheemu, President Waheed “expressed [his] appreciation of the unity of the people of Kan’ditheemu in working towards the development of the island, steering clear of any differences.”

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Police arrest 153 people in ‘Our Peaceful Addu’ operation

Police have arrested 153 people in an operation dubbed “Our Peaceful Addu”, with the stated aim of reducing the crime rate in Addu City.

Speaking to the media yesterday at police headquarters, Head of Division Operation Command Chief Superintendent of Police Faruhaad Fikury told the media that the 153 persons were mainly arrested on alcohol and drug related charges.

Police said 120 people were released without any charges while 33 people were still in police custody, including two minors.

Faruhaad alleged police seized a large quantity of illegal drugs in Addu City during the operation, commenced on January 17.

According to Faruhaad, the cases included 71 related to alcohol, 43 traffic violations, and 39 other cases that were reported to police since the operation commenced.

Faruhaad told the press that police have so far searched 296 buildings across Addu City, and conducted 511 searches of individuals.

During the operation 702 vehicles were checked to see if they complied with traffic regulations. 14 vehicles were towed and 13 licenses were suspended, police said.

The division commander said police would conduct similar operations elsewhere in the Maldives.

In July 2010, a similar operation was conducted in Male’ to reduce the crime rate in Male’ City and make Male’ peaceful. Police arrested 60 people, most of whom were released without charge.

On December 4, 2012, during a press conference concerning the investigation into the murder of MP and scholar Dr Afrasheem Ali, Commissioner of Police Abdulla Riyaz called on parliament members not to hesitate in giving more powers to police. Riyaz said at the time that such powers were required to curb growing criminal activity in Maldivian society.

“I know that members of the parliament are hesitant to grant more powers to the police because of the political views they hold. But we need stricter laws to stop such acts from happening. Hesitance to grant more powers isn’t a solution [to resolve] police discrepancies. Powers should be granted and at the same time they can establish a proper accountability mechanism,” he said at the time.

The commissioner said police would have “zero tolerance” towards criminals and would utilise all powers and resources at hand to prevent crimes.

“That means, we will not allow a drunkard to freely wander around the street. Police officers will question suspicious people on the road and they have been given the order to stop and search anyone who they feel is suspected of being a criminal or carrying out a crime,” he said.

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Cabinet takes measures to manage 2013 budget to avoid “enormous challenges” later in the year

The Cabinet is to take austerity measures to manage the MVR 15.3 billion (US$992 million) budget passed in parliament for 2013.

According to the President’s Office website, the cabinet noted that should measures not be put in place to control the budget, the country would face “enormous challenges”.

The cabinet took the decision after discussing a paper submitted by the Ministry of Finance and Treasury. The Ministry of Finance intends to inform government offices of the austerity measures.

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Civil Court rules no need for ACC apology to Nexbis

A ruling passed by Civil Court has stated there is no need to order the Anti-Corruption Commission (ACC) to apologise to Nexbis.

The Malaysia-based mobile security provider claimed that ACC had publicly made defamatory statements regarding the agreement between the company and the immigration department, local media reported.

The case brought forward by Nexbis asked to determine whether statements made by ACC in the media were against the constitution and laws of the state.

Nexbis had also asked for an order to be issued upon ACC to refrain from making statements regarding the agreement until all court cases are settled and to publicly apologise for their actions.

Civil Court ruled it was not proven to the court that the ACC had acted outside the boundaries of the constitution or any laws of the state, local media reported.

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