Month: February 2013

15 year-old rape victim deserves flogging for separate crime of fornication: Adhaalath Party

Additional reporting by JJ Robinson

The religious Adhaalath Party (AP) has declared that the 15 year-old rape victim who was recently sentenced to 100 lashes and eight months of house arrest “deserves the punishment”, as this is the penalty for fornication under Islamic Sharia.

The party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the for being sexually abused by her stepfather, but rather for the consensual sex to which she had confessed to having on another occasion.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” the statement read.

“No one has the right to criticise any penalties specified in Islam,” the party added.

Quoting verses from the Quran, the statement said that no citizen should be allowed to express ideas and opinions about a verdict made in accordance with the religion in a court of law in a 100 percent Muslim country.

The Adhaalath Party further cautioned that criticising issues like this would “encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.”

“Furthermore, Allah has decreed that expressing disapproval of issues such as this contradicts with faith in Islam,” the statement continued, quoting more verses from the Quran.

“Allah has also commanded that we show no kindness when implementing these penalties.”

The party also stated that it was saddened by the physical and psychological abuse the girl had suffered at the hands of her parents, calling the state authorities to ensure they were given the punishments they were due as detailed in Islamic Sharia.

“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.

Flogging amounts to degrading punishment or torture: UN

United Nations has expressed concern over the case of the 15 year-old being sentenced to flogging.

“The child is allegedly a victim of long-standing sexual abuse. Under international legal human rights obligations of Maldives, corporal punishment, including flogging, amounts to cruel, inhuman or degrading punishment or even to torture,” read a statement issued by the UN in the Maldives.

“ The approach to sexual abuse which has been adopted in numerous international human rights frameworks is that governments should implement prevention, prosecution of perpetrators, and protection measures to ensure that sexual abuse does not occur. Where it has occurred, governments should put in place measures for rescue, rehabilitation, and reintegration of victims.”

US “deeply disturbed”

The US Embassy in Colombo said it was “deeply disturbed” by the recent ruling, noting that the minor was “also a victim of rape”.

“We call upon the Maldivian government to recognise that she must be protected rather than punished by authorities. We welcome President Waheed’s statement that his government “will push for a review” of the decision. We urge the Maldivian judiciary to immediately drop all charges against the girl and for the Majlis to enact legislation that protects women and minors who have suffered sexual abuse.

“Promoting gender equality and advancing the status of all women and girls around the world remains one of the greatest unmet challenges of our time, and one that is vital in all countries to ensure full democratic rights, regardless of culture,” the Embassy stated.

President “saddened”

President Mohamed Waheed, who has previously insisted on the executive’s inability to interfere in judicial matters, stated on his official Twitter account yesterday: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

The government is currently pushing for re-election to the UN Human Rights Council and launched its campaign in Geneva today (February 28), spearheaded by State Minister of Foreign Affairs Dunya Maumoon, daughter of former 30 year autocratic ruler Maumoon Abdul Gayoom.

In a statement today, the Foreign Ministry said the Maldives had prioritised its term in the Council “by focusing on women and children’s rights and the rights of persons with disability, had been a vocal campaigner for the prevention of torture, and brought the issue of the right of all to live in a safe and clean environment to the forefront of the Council’s debate.”

In a second statement later today, the Foreign Ministry expressed “deep concern by the prosecution and the Juvenile Court’s sentence to flog a 15 year-old girl on the charges of pre-marital sex.”

“Though the flogging will be deferred until the girl turns 18, the government believes she is the victim of sexual abuse and should be treated as such by the state and the society and therefore, her rights should be fully protected. The Government is of the view that the case merits appeal. The girl is under state care and the government will facilitate and supervise her appeal of the case, via the girl’s lawyer, to ensure that justice is done and her rights are protected,” the Ministry stated.

“The Juvenile Court’s verdict has brought home the critical and severe need to review existing mechanisms, especially legal framework, available for protecting the rights of the children in the Maldives. The government calls on all stakeholders to view cases of child abuse and child-sexual abuse through a human rights lens and to base each case on the best interest of the child.

“In view of the urgent attention required for protecting the rights of the children, the government has established a Committee to review the existing child protection mechanisms, particularly the legal mechanism, in view of the universally accepted norms and principles, and recommend to the state areas that require urgent changes,” the Ministry said.

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Additional 100 ballot boxes to be placed during 2013 Presidential Elections: Elections Commission

The Elections Commission has said it will place an additional 100 ballot boxes for the 2013 elections, compared to the number used during the 2008 presidential elections.

President of the Elections Commission Fuwad Thaufeeq told local media outlet Sun Online that the commission expects a total of 556 ballot boxes to be placed throughout the country.

He said the reason for the increment on the number of ballot boxes was due to the fact that the numbers of resorts and other industrial islands had increased during the last five years.

According Thaufeeq, during the last elections the elections commission placed 60 ballot boxes in resorts but that the number was expected to rise. The commission’s current estimates suggest that it will require 100 ballot boxes in the next election.

“The number of resorts has increased. As far as I remember the number stood at 60. Our current estimates suggest we would need at least 100 ballot boxes for resorts this time. However, this may not even be the exact figure as it is unclear if there will be more resorts opened in the next seven months,” he said.

However, he said that the commission also intends to place ballot boxes in five countries in which large number of Maldivians reside. In the 2008 elections, the commission placed ballot boxes in five countries including India, Sri Lanka, Malaysia, Singapore and the UK.

The Elections Commission previously revealed that approximately 31,000 new voters will be eligible to cast their vote in the upcoming presidential elections.

Vice President of Elections Commission Ahmed Fayaz told Minivan News earlier that the number of eligible voters currently stands at 240,302 – 31,008 more than the number of eligible voters in the 2008 presidential elections (209,294).

According to the Elections Commission eligible voters include 123,565 male voters and 116,737 female voters; however this was subject to change.

The commission is also set to open registration this March, for voters who are currently not residing on the island where they are initially registered to vote.

“This is a very large election. Usually, people are unable to register when the period given for registration is too short. That is why we decided to open registration in March,” Fayaz said at the time.

Funding concerns

The Elections Commission has previously expressed concern over the lack of sufficient funding given to the Elections Commission and warned that if additional funds are not made available, it will be unable to hold a presidential election this year.

Speaking to Minivan News at the time, Thaufeeq said holding the nationwide elections would cost between MVR 55-60 million (US$3.57-3.89 million). However, he expressed concern that the commission’s current budget would be insufficient.

“With the current budget given to the Elections Commission, I am afraid we may not be able to hold the elections. The commission has raised concerns with the Finance Minister, the President’s Office and Parliament’s Public Finance Committee,” he said.

Thaufeeq also said a budget shortfall may “slightly impact” the fairness of the elections, but said the commission would do everything it could to ensure the elections were free and fair.

However, Finance Minister Abdulla Jihad has stated that the government was committed to holding free and fair elections regardless of the budget constraints.

Finance Minister Abdulla Jihad also said that the government would provide financial assistance to the commission in facilitating the elections.

“We will provide sufficient funds to hold elections. There is no question about it,” he told Minivan News earlier.

Maldives presidential election is scheduled to take place on September7 and the Elections Commission is expected to formally declare the start of campaign season in July.

However, all major political parties including the opposition Maldivian Democratic Party (MDP), and government-aligned parties such as the Jumhoree Party (JP), Dhivehi Rayyithunge Party (DRP) and current President Mohamed Waheed Hassan’s Gaumee Ithiaad Party (GIP) have all begun their presidential campaign. The PPM is meanwhile scheduled to hold its primaries by the end of March.

President of Elections Commission Fuad Thaufeeq and Vice President Ahmed Fayaz were not available for comment at time of press.

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Police Commissioner challenges Parliament Committee to Supreme Court battle

Commissioner of Police Abdulla Riyaz has declared that police officers will appear before parliament’s Executive Oversight Committee (EOC) only if the Supreme Court orders police to do so.

Riyaz made the remarks in an interview given to local newspaper Haveeru.

On Tuesday, ]Riyaz sent a letter to parliament stating that he will not appear before the EOC – which has an opposition Maldivian Democratic Party (MDP) majority – claiming that he had received advice from Attorney General Azima Shukoor not to do so.

In the letter, the commissioner contended that it was not in the mandate of the committee to hold police accountable. Instead, this was the responsibility of parliament’s National Security Committee – known as the 241 Committee – established under article 241 of the constitution.

Riyaz repeated his claim that the parliamentary committee was attempting to discredit the police. He alleged that the committee members were employing ‘bully-boy’ tactics rather than holding the institution accountable.

He also expressed disappointment over the committee’s decision to summon the police officer who struck a fleeing suspect on a motorbike, that led to the death of bystander Abdulla Gasim, 43.

A leaked CCTV footage showed a police officer stepping in front of the speeding motorcycle and appearing to hit the rider on the head with a baton.

The driver loses control and collides with Gasim sitting on his motorcycle just in front of the Justice Building entry, causing both to fly off their vehicles. The police officer retrieves an object from the ground and wanders away, as other police and a military officer rush to the scene. Gasim died of his injuries.

The initial police statement made no mention of police involvement in the crash.

Speaking to Haveeru, Riyaz questioned as to why the negligent officer should be summoned when Riyaz had appeared before the committee on his behalf.

“I have already appeared before the committee and had answered all the questions on behalf of the police, and even the Police Integrity Commission (PIC) has released its report on the incident. What is the purpose of summoning the officer who used the baton?” he questioned. “The purpose is very clear. The purpose, I believe, is to discredit the police institution. They can’t do that under my watch. I am sorry,”

Riyaz claimed that the decision not to cooperate with the parliamentary select committee was made after he observed members of the committee using “foul language” towards police, calling them “unpleasant names” and asking them “unnecessary questions”.

He added that  advice from the attorney general was sought after the committee had turned itself into “a platform to harass the police”.

“After we got the advise from the attorney general, myself and other police officers have now decided not to appear before this committee. If [the committee members] want to change that, they would have to go to the Supreme Court,” he claimed.

Riyaz stated that if the Supreme Court ordered police to appear before the committee, they would adhere to the order.

“My responsibility is to assure the safety and protection to the people. That responsibility falls onto the shoulders of the police. I will not give the opportunity to anyone to harass and intimidate police officers of different ranks. That is why we sought a legal mandate to not appear before the committee,” he explained.

Meanwhile, chair of the EOC Ali Waheed said that even if the commissioner had decided to boycott the committee using the attorney general’s advice as an excuse, the committee did not feel obligated to seek counter-advice.

The Thoddoo MP noted that the Supreme Court had previously ruled that  parliament committees can summon anyone and that until now, Riyaz and other government officials had accepted this fact and attended parliament committees as requested.

In March 2011, the Supreme Court ruled both the Police and the Maldives National Defence Force (MNDF) should be answerable to parliament and its National Security Committee whenever requested.

The Supreme Court in the ruling stated that, according to article 99 (a) and (b) of the constitution, it was clear that parliament was obliged to supervise every action of the security services and ensure their actions are within the constitution and law.

Article 99(a) of the constitution states – “[The People’s Majlis or any of its committees has the power to] summon any person to appear before it to give evidence under oath, or to produce documents. Any person who is questioned by the People’s Majlis as provided for in this Article shall answer to the best of his knowledge and ability”.

Article 99(b) states – “[The People’s Majlis or any of its committees has the power to] require any person or institution to report to it”.

However, the police commissioner contended that the Supreme Court’s ruling stated that the police should only appear before a “relevant committee” and he did not believe that police could be summoned by “just any committee”.

Speaking to Minivan News, EOC member MP Ahmed Easa dismissed Riyaz’s claims, stating that police had already lost the public’s respect and the confidence once held in the institution, and that there was “no point Riyaz talking about it now.”

“The police lost credibility among the public the day they came out on the streets, toppled an elected democratic government and brutalised the people they were supposed to defend and uphold,” he said at the time.

He also contended that the EOC had the mandate to summon any individual from the executive branch for questioning, and that this was very clearly mentioned in the parliament’s regulations and the constitution.

“If he does not believe what has been clearly set out in the laws of this country, that means he is no longer fit to be commissioner of police,” Easa said.

Abdulla Riyaz’s number was temporarily disconnected when Minivan News called for comment.

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MDP ‘Hoara’ Ibbe’s sexual assault trial scheduled next month

The trial against senior Maldivian Democratic Party (MDP) activist and former Undersecretary of the President’s Office, Ibrahim Rasheed ‘Hoara Ibbe’, has been scheduled for next month.

Rasheed stands accused of sexually abusing a 17 year-old girl in December 2012.

The Criminal Court stated that the Prosecutor General had filed the case in the court on February 19.

The Criminal Court told the media that Rasheed was charged under article [c] of the Special Measure for Perpetrators of Child Sex Abuse Act of 2009, which states that perpetrators of child sex abuse can be sentenced up to 14 years.

Ibrahim Rasheed is a well-known politician and a senior figure within the opposition MDP who  also served in the President’s Office under the former government of Mohamed Nasheed.

Rasheed was arrested on December 6, 2012, after being discovered in a house in Galolhu Ward of Male’ with a seventeen year-old girl.

The local media at the time quoted police as saying that when officers entered the room containing Rasheed, he was naked with the girl.

However, police later declined to confirm these reports.

In January 6, 2013, the Criminal Court placed Rasheed under house arrest, after keeping him in pretrial detention for a month.

According to Maldivian law, any person under 18 years of age is considered a minor.

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Former Home Minister denies responsibility for ministry overspending in 2011

Former Home Minister Hassan Afeef has said he cannot be held answerable for the MVR 1 million (US$66,943) spent in excess of the Home Ministry’s budget in 2011.

The 2011 audit report for the ministry revealed that MVR 1,030,934 was spent in addition to its allocated budget while Afeef was Home Minister.

The auditor general’s report further states that the ministry initiated a number of projects without any announcement – a violation of the Public Finance Regulation, according to local media.

Afeef claimed that while he held his post in 2011 he had no involvement in the ministry’s spending, adding he was “not supposed to be aware” of the matter.

“I was not in charge of the finances, for that we had a financial controller. It is under the finance act that each individual ministry has one, and they deal with the expenditure.

“I cannot be answerable to those things because [the financial controller] has the responsibility for spending the Ministry’s budget,” Afeef told Minivan News.

Asked if he was aware that the ministry had gone over its budget at the time, Afeef added: “I am not supposed to be aware. If there was something I should be aware of, they would make me aware of it.”

The Home Ministry audit report revealed that MVR 86,329 (US$5,605) was spent on the preparation of Dharubaaruge convention centre in Male’, while MVR 75,000 (US$4,870) was spent for a music and boduberu program and MVR 36,225 (US$2,352) allocated towards a sound system for a presidential speech.

The decisions, according to local media, were all made without prior announcement to find a suitable party.

Furthermore, MVR 12,548 (US$814) was spent by the Home Ministry in 2011 to host a Ramadan breakfast for its employees, without authorisation from the Finance Ministry.

Speaking about the expenditures, Afeef stated that there were certain factors that had not been taken into consideration in the budget, adding “if the budget is not enough, they have to spend the money to fund the extra costs.”

The report noted that MVR 64,000 (US$4,155) was spent on ‘attire allowance’ for employees for national day and independence day celebrations.

The audit report also highlighted further discrepancies in expenditures made from the Department of Immigration and Emigration – which at the time functioned under the Home Ministry.

The Controller of Immigration was awarded MVR 26,729 (US$1,735) for his phone bill, while 10 employees from the department were given MVR 48,032 (US$3,118) in excess of their salary. Meanwhile, three employees at the department received MVR 2,392 (US$155) less than their agreed salary, according to local media.

Issues raised in the report on the Department of Penitentiary and Rehabilitation Service (DRPS) show that MVR 617,257 (US$40,081) had been used in contradiction to the shift-duty guidelines declared by the Civil Service Commission.

MVR 56,123 (US$3,644) was awarded to employees in excess of their salary, while MVR 3,473 (US$225) was withheld from two employees who were owed the amount.

Furthermore, contraband confiscated from inmates was not properly recorded. MVR 8,691 (US$564) was also taken from the DPRS safe and left unaccounted.

The auditor general advised that proper action be taken against parties who had violated the regulation.

Investigation into failure to recover misappropriated funds

Parliament’s Public Accounts Committee announced on Monday (February 25) that it intended to investigate the failure by authorities to recover misappropriated funds in previous audit reports.

In the meeting held on Monday, Committee Chairperson MP Ahmed Nazim revealed that the committee intended to send a letter to Attorney General Aishath Azima Shakoor regarding the failure to recover the money.

Majlis Finance Committee member MP Ahmed Hamza told Minivan News that the Public Accounts Committee was still going through the reports and was unable to give an estimate as to how much money is still owed as a result of the misuse of state funds.

The finance committee member said that there were two issues in regard to the failure of recovering misused funds.

“If the government incurs a loss due to the misappropriation of funds, rather than recover the money, the guilty party faces criminal punishment instead.

“Secondly, it is a case of certain members finding it not possible to recover the funds that have been misused,” Hamza added.

When asked whether there had been any effort to recover the money in the past, Hamza stressed that some had been returned, but he was unable to give a rough figure as to how much.

Dhivehi Rayyithunge Party (DRP) MP Visam Ali was reported by local media as saying that government offices do not correct issues relating to how funds are managed, even after repeatedly being advised to do so in audit reports.

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Comment:Without justice, talk of democracy is meaningless

The ambitious journey towards a modern liberal democracy that we, the people of the Maldives, embarked upon has now come to a crossroads. With the ratification of a landmark constitution in August 2008, that enshrined broad civil and political rights to its people, hopes of moving on from decades of oppression towards a free and fair society remained on course.

However, the chronicles of Maldivian efforts to sustain democracy have yet again proven to the world that democracy does not happen overnight; exactly as former President Mohamed Nasheed said – that dictatorships don’t die with the routing of a dictator.

The first few steps we as a nation took towards democracy were led by Nasheed, a determined human rights and political activist, who had been repeatedly put behind bars for his dissent towards oppressors.

Nasheed backed by the country’s first established political party, the Maldivian Democratic Party (MDP), won the country’s first free and fair multiparty presidential elections in 2008, putting an end to the tyranny of a 30 year long autocracy.

Five years later, it is daunting to note that the nation’s first democratically elected president is being tried in a court with hand-picked judges by the Judicial Service Commission (JSC) – whose composition includes his key political rivals – for his desperate attempts to see through the much anticipated democratic transition.

What came forth after the usurpation of Nasheed’s democratically elected government was a practical narrative of what Gene Sharp had described in his book, From Dictatorship to Democracy: A conceptual framework for liberation.

“The collapse of an oppressive regime will be seen by some persons and groups as merely the opportunity for them to step in as the new masters,” he wrote. “Their motives may vary, but the results are often approximately the same. The new dictatorship may even be more cruel and total in its control than the old one,”

When Nasheed ascended to power, it became clear that the task of consolidating a democracy was more critical and difficult than toppling a dictator. President Gayoom was defeated in an election, but the roots of his dictatorship had taken hold within key state institutions, including the country’s judicial system.

The sustenance of certain corrupt judges within the judiciary, in the end, paved the way for the perfect opportunity to successfully oust Nasheed through a ‘judicially-endorsed’ coup, and in the long run, could deliver a verdict that would bring an end to Nasheed’s political career.

The globally renowned ‘Island President’ is being tried for the military detention of Chief Judge of Criminal Court Abdulla Mohamed.

Judge Abdulla is well known within Maldivian society for his nefarious conduct within the court room, including ordering a victim of child abuse to reenact the perversions of her abuser in front of both the perpetrator and numerous onlookers in the court room.

In another instance, the judge released a criminal who went on to murder a witness to his alleged crimes, despite repeated pleading from the police to not do so. The judge declared it was way to hold Nasheed’s Health Minister accountable.

Other astounding decisions made by this judge during his career include acquittal of several drug lords, a ruling in which he made himself the sole authority in issuing arrest warrants, and numerous favors granted to political rivals of Nasheed’s administration.

Nasheed and his government were finally forced to do something about the judge, in a desperate extra-constitutional maneuver by a Head of State to retrieve his country’s failing criminal justice system from a position of limbo.

The arrest sparked much controversy, as Nasheed’s political opponents quickly declared that he had undermined the law. Interestingly, they never saw the need to raise concern over the rights of the abused 13 year old in the judge’s courtroom, or the murdered Afshan Basheer.

Having had lost the parliamentary elections in 2009 to sympathisers of the old dictatorship, who were willing to go to any length in order to defend the old guard, recourse through the country’s legislature proved fruitless.

Nasheed’s subsequent decision to take out the judge can be deemed as a practical application of the doctrine of necessity.

Such decisions, when extra-legal actions are invoked by state actors to restore order during a constitutional deadlock, have been found to be constitutional elsewhere – first adopted in the case of Federation of Pakistan and Others v Maulvi Tamizuddin Khan [1955] PLD FC 240, and later applied in the cases of Madzimbamuto v Lardner–Burke [1978] 3 WLR 1229 and Qarase v Bainimarama [2009] Fiji Court of Appeal.

However, Nasheed’s decision had dire repercussions, and he was ousted on February 7, 2012 by a mutinying police and military.

His Vice President Mohamed Waheed Hassan Manik – a perfect example of the tortoise who believed that he had won the marathon against the hare in a fair contest – took over power with Gayoom’s blessing.

Today, the former President is facing charges for taking on the notorious judge – charges which appear to have been fashioned to exclude him from contesting the scheduled presidential elections on September 7.

Nasheed recently sought refuge in the Indian High Commission in the Maldives to ensure his safety. During his time in India’s mission, there were rumours his trial was to proceed in absentia, grossly disregarding the principles of natural justice and the right to a fair hearing.

Meanwhile, Judge Abdulla continues to sit on the Criminal Court bench having his way with the country’s criminal justice system. The state’s judicial watchdog, the JSC – which is constitutionally mandated to hold the judiciary accountable – remains ignorant and grossly negligent in probing the contemptuous misconduct of this despicable judge.

The million dollar question was, and is – why has this judge not been held accountable for his misconduct? Perhaps the most obvious, and depressing, answer is that the delivery of justice in the Maldives is failing bitterly.

The so called independent judiciary has failed to maintain its impartiality and the confidence of the public. The International Commission of Jurists (ICJ), the United Nations, the Commonwealth, several judicial experts – including Professor Paul H. Robinson – and now the UN Special Rapporteur on the judicial independence have attested to this fact. Yet, no efforts are being made to reform the judiciary.

Without justice, talk of democracy is meaningless.

As put by Lord Denning – “Justice must be rooted in confidence and confidence is destroyed when right-minded people go away thinking that ‘the judge was biased’.”

In the Maldivian context, justice is rooted in one’s capacity to funnel ‘monetary-favors’ to the appropriate source, and to embrace Gayoom and his lingering culture of oppression.

Right-minded Maldivian people have lost all of their confidence towards the current judiciary. They have long since walked away from the courts, not only rendering moot their confidence (or lack thereof) in the judiciary, but also the confidence they had in the country’s entire justice system.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Election Commission to establish units in Maldives atolls

Election Commission (EC) units manned by permanent staff are to be established in every atoll in the Maldives, local media has reported.

EC member Ali Mohamed Manik told local media that the units are to be established in 20 Atolls and that three members of staff will be employed at 13 of the 20 units.

While one assistant director and two other staff members will be employed at each of the 13 units, the remaining seven will only have an admin officer and an office assistant due to a lack of funds.

According to local media, the units are to be located at the atoll capital’s council offices, with five Atoll offices having confirmed availability of space for establishing the units.

EC President Fuad Thaufeeg told local media that the main task of the employees at the units would be to maintain the Atoll registries as efficiently as possible.

“We have difficulties in obtaining information, especially related to deaths. They would remove those people from the list. They would also work with preparing and holding by-elections,” Thaufeeq was quoted as saying by Sun Online.

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JSC member/presidential candidate Gasim Ibrahim accuses UN Special Rapporteur of lying, joking

Leader of the Jumhoree Party (JP) and Parliament’s representative to the Judicial Service Commission (JSC), MP Gasim Ibrahim, has accused UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul of lying and joking about the state of the Maldivian judiciary.

During her preliminary observations on the country’s judicial system, Gabriela Knaul expressed concern over the politicisation of JSC – the body constitutionally mandated to oversee the functioning of the judiciary.

Addressing a relatively small party gathering held in its headquarters in Male, Gasim – also the party’s presidential candidate – claimed that JSC had been acting within the boundaries of the law and that the process of the appointment of judges adhered to constitutional stipulations and the law.

“[Gabriela Knaul] claimed that the judges were not appointed transparently, I am sure that is an outright lie. She is lying, she did not even check any document at all nor did she listen to anybody. She is repeating something that was spoon-fed to her by someone else. I am someone who sits in JSC. She claimed there were no regulations or mechanism there. That is a big joke,” Gasim claimed.

“She wouldn’t tell bigger lie”

“We had made all the announcements through the media and we even clearly stated necessary criterion required as well as how the interviews will be carried out. We were acting on what we had announced. She couldn’t tell a bigger lie than that,” Gasim said.

Gasim claimed that the composition of  theJSC was decided after a strong debate between members of the assembly, and contended that “nobody can criticise its decisions, not even under international law”.

“That is why I am telling you all this. We the people should not believe the reports compiled by people who come like this without verifying it. This is an influence that has a different motive,” Gasim accused.

Gasim – who is also the Chairman of the Villa Group of companies that owns several resorts in the country – said that a UN representative had once come to Maldives and claimed it could never build a tourism industry.

“A person came like that in 1972. After much surveying, he claimed that the Maldives cannot host a viable tourism industry. Is that true today? But that is what was in the UN report. That is what is on the report by the World Bank. Does the Maldives not have a tourism industry now? He said we cannot; according to him we did not have electricity, water or a transport system but just a bunch of small islands. What would he know?” Gasim said.

Gasim also referred to the presidential elections.

“Is the US judiciary very good? What happened when [George W] Bush sought re-election? You would all know how that election went. Florida High Court ordered for a recount of the vote. When the issue came, Al Gore began winning and winning. Then the Republican Party, who was very upset with that, filed a case at the Federal High Court. The Federal High Court ordered not to count the votes and that President is Bush. Following that order, Al Gore admitted defeat and congratulated Bush on his re-election. This is something the world witnessed,” he told his supporters.

The incident to which Gasim Ibrahim referred took place in the US Presidential Elections 2000, in which George W Bush was running for office for the first time against then Vice President Al Gore. The election was called a victory for Bush after the US Supreme Court declared the ruling made by Florida Supreme Court requiring a state wide recount of votes was unconstitutional. Bush later ran for re-election against then Senator John Kerry in which he won the race by 286 to 251 electoral votes.

Concerns

Knaul’s preliminary observations highlighted that the JSC – mandated with the appointment, transfer and removal of judges – was unable to perform its constitutional duty adequately in its current form.

Her comment was among a number of preliminary observations on the Maldives’ judiciary and wider legal ecosystem, following an eight day fact-finding mission.

As well as recommendations to address what she said were minimal levels of public “trust” in the nation’s judicial system, Knaul also addressed matters such as the trial of former President Mohamed Nasheed – who is currently facing trial for his detention of Chief Judge of Criminal Court last year, charges he claims are politically motivated to prevent him from contesting presidential elections later this year.

She also criticised the appointment of judges presiding over the case against former President Mohamed Nasheed, alleging that the set up was made in an “arbitrary manner”.

“Being totally technical, it seems to me that the set-up, the appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws,” Knaul said.

Her key concerns included the politicisation of the JSC, flaws and inconsistencies over the independence of the judiciary and lack of transparency and accountability.

“I have heard from numerous sources that the current composition of the JSC is inadequate and politicised. Because of this politicisation, the Commission has been subjected to all sorts of external influence and consequently has been unable to function properly,” Knaul stated.

Knaul said she believed it best for such a body to be composed of retired or sitting judges. She added that it may be advisable for some representation of the legal profession or academics to be included.

However, she maintained that no political representation at all should be allowed in a commission such as the JSC.

“I believe that an appointment body acting independently from both the executive and legislative branches of government should be established with the view to countering any politicization in the appointment of judges and their potential improper allegiance to interests other than those of fair and impartial justice,” Knaul added.

Judicial independence

Knaul stated that upon conclusion of her mission meetings, she had found that the concept of independence of the judiciary has been “misconstrued and misinterpreted” by all actors, including the judiciary itself, in the Maldives.

“The requirement of independence and impartiality does not aim at benefiting the judges themselves, but rather the court users, as part of their inalienable right to a fair trial,” Knaul stated, while emphasising the important role of integrity and accountability in judicial independence, and hence its role in the implementation of the rule of law.

Stating that it is vital to establish mechanisms of accountability for judges, prosecutors and court staff, Knaul said: “Such mechanisms must guarantee that the investigation of any actor in the judicial system safeguards the person’s right to a fair hearing. Investigations should be based on objective criteria, the process should respect the basic principles of a fair trial and an independent review of all decisions should be available.”

Transparency and accountability

“When selection criteria [of judges] used by such a body [as the JSC] are objective, clear, based on merit, transparent and well publicised, public understanding of the process and the basis for the appointment of judges increases, and the perception of unfair selection of appointments can be avoided,” Knaul said.

Knaul also spoke of the lack of transparency in the assignment of cases, the constitution of benches in all courts, including the Supreme Court.

“When cases are assigned in a subjective manner, the system becomes much more vulnerable to manipulation, corruption, and external pressure. Information on the assignment of cases should be clearly available to the public in order to counter suspicions of malpractice and corruption,” she observed.

Knaul stated that while transparency is public administration is an obligatory requirement in a democracy, transparency remains a challenge for the Maldivian judiciary.

Furthermore, Knaul highlighted the absence of some fundamental legislation – including the Penal Code, Criminal Procedure Code and the Evidence Act – in the Maldives, adding that this posed huge challenges to upholding the rule of law.

Knaul was appointed to deliver recommendations on potential areas of reform to the Maldives’ legal system, at the 23rd session of the UN Human Rights Council in May, 2013.

Velezinee ruined the JSC: Gasim

Gasim meanwhile alleged that the JSC could not function properly due to then President Mohamed Nasheed’s appointee to the commission, Aishath Velezinee.

Velezinee was an outspoken critic and whistleblower on judicial inconsistencies and lapses. She has consistently maintained that the JSC is complicit in protecting judges appointed under the former 30 year autocracy, colluding with parliament to ensure legal impunity for senior supporters of the old regime. In January 2011 she was stabbed twice in the back in broad daylight.

“At first, the JSC were not able to carry out its duties because of a person called Aishath Velezinee who was appointed to the commission by [President] Nasheed of Canaryge’. She destroyed the whole place. The damage she inflicted on the JSC was so severe that we had to do so much work to bring the place back to order,” he claimed.

Gasim said judiciaries in all countries had problems and that this was not a different case in the Maldives. He also contended in all the countries have to be reformed.

“A person called Gabriela came and met us. She told us there are lots of issues that need to be corrected within the judiciary. Judiciaries in all countries should be reformed. Which country has a judiciary that does not need to be reformed?” Gasim asked.

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Police Commissioner, Home Minister, refuse to appear before Government Oversight Committee

Police Commissioner Abdulla Riyaz has sent a letter to parliament stating that he will not appear before the Government Oversight Committee on advice from Attorney General Azima Shukoor.

In the letter Riyaz said the police accountability did not fall within the mandate of the committee, and that this was rather a responsibility of the National Security Committee established under article 241 of the constitution.

In response, chair of the oversight committee, Maldivian Democratic Party (MDP) MP Ali Waheed, told local media that the committee will examine the case further with a view to taking action against the police commissioner for refusing to attend the committee.

Ali Waheed noted that the Supreme Court has previously ruled that the parliament committees can summon anyone and that until now, Riyaz and other government officials had accepted this fact and attended parliament committees as requested.

The Government Oversight Committee has summoned Home Minister Dr Mohamed Jameel and the police commissioner to question them about a previous decision by police to boycott MDP-aligned television station Raajje TV.

The Committee has said it also intends to question the pair about the death of Abdulla Gasim, a bystander who died in motorcycle collision. Police had denied involvement, however CCTV footage of the incident that was subsequently leaked showed a police officer striking a suspect fleeing on a motorcycle with his baton, prior to the fatal collision. Police have defended the officer’s action as in line with regulations.

The Home Minister has meanwhile informed parliament that he cannot attend the committee hearing because he had to attend a cabinet meeting, and said he would then be out of Male’ for the rest of the week.

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