Optimistic about democratic future, “despite a few hiccups”: President Waheed

President Mohamed Waheed Hassan has stated that he is considering contesting in the upcoming presidential elections “in view of the current achievements and the general reading [he] gets from the public,” adding, however, that “much work has still to be done during the next few months.”

Although the Progressive Party of Maldives (PPM) has previously stated that Waheed could contest as the party’s candidate if he became a member, local media has recently reported that Waheed is considering running through his own 3217-member strong Gaumee Ithihaad Party (GIP).

GIP has recently announced that it is seeking to form coalitions with other political parties.

“Democracy is in its infancy [in the Maldives]. Despite a few hiccups, I am very optimistic about our democratic future,” Waheed stated in an interview with AFP, one year following the contentious transfer of power on February 7, 2012.

Waheed, who was Vice President during the previous administration, was sworn in as President after former President Mohamed Nasheed resigned following street protests and a police mutiny.

The Maldivian Democratic Party (MDP) has maintained that the transfer of power was brought about through a coup d’etat. However, the Commission of National Inquiry(CNI), a Commonwealth-backed inquiry established by Waheed, concluded that the transfer of power was legal.

The credibility of the CNI report is now being challenged by parliament’s Executive Oversight Committee, after six of the country’s most senior police and military intelligence figures testified that none of their evidence was included in the final report. All six have since been suspended or dismissed.

Nasheed, again the presidential candidate of the Maldivian Democratic Party (MDP), has an ongoing trial against him for the arrest of Criminal Court Chief Justice Abdulla Mohamed. The MDP contend that the charges are a politically motivated attempt to prevent him from contesting the election.

According to AFP, Waheed said his full year in office was “marked by ‘inclusiveness’, while rejecting opposition claims that he was stifling individual freedoms and had become a hostage of Islamic extremists.”

During the past year, Waheed has ratified the “Freedom of Peaceful Assembly” bill, which redefines limitations on assembly and political gatherings.

MDP Spokesperson Hamid Abdul Ghafoor previously alleged that the ratification of the said bill was “a direct response to the MDP’s proposed revolution.”

“We are not happy with this bill, and on principle alone we are against it. The current government feels the need to restrict freedom of expression and unwind the democratic gains of this country,” Ghafoor alleged.

“As our honeymoon with democracy nears its end, I am convinced that a new model for true democracy will glow from these islands,” Waheed said.

In response to Waheed’s remarks, Ghafoor said that Waheed seemed to be in “a state of total denial.”

“Waheed became president through a coup d’etat, completely wrecked our economy, made a pact with the Islamists, caused foreign investors to lose confidence, and inflation is rocketing. He has done everything a liberal democratic leader would never do,” Ghafoor alleged.

Correction: An earlier version on this article mistakenly reported that GIP has 2099 members. The party has 3217 members.

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Court released child sex abuse suspect to house arrest in victim’s home

The High Court this week rejected a request to place a male suspect accused of sexually abusing an 11-year old relation in custody. The suspect was previously held under house arrest at the same property where his alleged victim lived.

The Prosecutor General (PG’s) Office confirmed that following a remand hearing on Tuesday (February 5), the suspect had been released from the house arrest – with no restrictions currently placed upon his movement ahead of his unscheduled trial.

The remand hearing took place at a time when the PG’s Office is already facing government criticism for pursuing a case against a 15 year-old minor on charges of having “consensual sexual relations”.

The government, which has said it is in the process of reviewing and amending laws on sexual abuse with authorities including the Ministry of Gender, Family and Human rights and Islamic Ministry, today accused state prosecutors of showing “bad judgement” in charging the 15 year-old girl.

The two cases are the latest in a line of high profile sexual abuse trials concerning minors, which have met with international condemnation.

The 15 year-old presently facing charges of having “consensual sexual relations” has also been identified as the victim of child sex abuse in an unrelated criminal case also being pursued by authorities.

The PG’s Office confirmed this week that after reviewing the charges against the 15 year-old girl, a decision had been taken to proceed with her trial at the Juvenile Court over charges of fornication. The PG’s Office was unable to comment further.

However, a source familiar with the matter told Minivan News that the charges against the minor had to be pursued because the girl had confessed to having consensual sex.  The charges relate to an incident reported before her alleged sexual abuse.

Meanwhile, the PG’s Office confirmed to Minivan News that the High Court rejected a request on February 5 to retain a sexual abuse suspect – believed to be an uncle of the victim – after it emerged he had been kept under house arrest in the same property as the 11 year-old victim.

A source with knowledge of the case said that the court released the suspect after enquiring as to why police and state prosecutors had failed to raise concerns about the house arrest earlier.

With no date yet scheduled for the suspect’s trial, the outcome of the remand hearing has meant the suspect had no restrictions on his movement, according to the source.

Minivan News understands the victim has since been moved to a new location on a separate island.

Government legal review

With these two high profile sexual abuse cases ongoing in the courts, the Maldives government has maintained its commitment to reviewing related laws in the Maldives.

President’s Office Media Secretary Masood Imad told Minivan News today that certain laws in the country, which he has previously criticised as treating sexual abuse victims as perpetrators, would be amended following consultations with relevant government authorities.

“We will be holding a one day seminar with the Islamic Ministry either sometime next week or the week after,” Masood said.

The government last month announced its intention to review the laws within the space of a few weeks. However, Masood added that there were many “pressing issues” requiring its attention at the present time.

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali and Acting Minister of Gender, Family and Human Rights,  Dr Mariyam Shakeela were not responding to calls from Minivan News at time of press.

“Bad judgement”

Despite its stated commitment to review laws concerning sexual abuse in the country, Masood added that the PG’s Office itself remained an independent entity that pursued cases without government involvement.

He added that prosecutors had shown “bad judgement” in pursuing the case involving the 15 year-old while other matters were still pending.

Highlighting what he perceived to be more pressing issues for the PG’s Office, Masood raised concerns against MPs Abdulla Jabir and Hamid Abdul Ghafoor – both aligned with the opposition Maldvian Democratic Party (MDP) – over their alleged  refusal to provide a urine sample after they were arrested under suspicion of drinking alcohol in November 2012.

MPs Jabir – at the time an elected representative for the government-aligned Jumhoree Party (JP) – and Hamid were arrested back in November along with eight others on the island of  island of Hodaidhoo in Haa Dhaal Atoll, on suspicion of drug and alcohol offences.

“[The PG’s Office] should be taking [to court] the issue of suspects refusing to give urine tests after being found at drunken parties,” Masood claimed.

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Criminal Court Judge Abdul Baari Yoosuf suspended over allegations of sexual misconduct

The Judicial Service Commission (JSC) has suspended Criminal Court Judge Abdul Baari Yoosuf, informing him to not to report for work until it makes a final decision on his position.

JSC media official Hassan Zaheen confirmed to Minivan News that the judge had been suspended from Wednesday (February 6) onwards, but refused to provide any details. Local newspaper Haveeru reported that Baari Yoosuf was suspended over a disciplinary problem.

“The judge has been asked to not to report to work until further notice from JSC. The matter is being investigated by the JSC, so no additional information can be provided at the moment,” Zaheen said.

Local media outlet CNM reported that the suspension followed a case filed by a female lawyer from the Prosecutor General’s (PG) office, who alleged that Baari Yoosuf had sexually assaulted her.

However, the JSC media official refused to confirm the allegations to Minivan News.

Judge Abdul Baari Yoosuf has looked into many high profile criminal trials including murder and drug offences.

High profile cases he has overseen include the murder case of Police Lance Corporal Adam Haleem, a murder of an expatriate that took place in Shaviyani Atoll and trials concerning drug kingpin Adam Naseer Aboobakuru and Abdul Latheef Mohamed.

Baari Yoosuf sentenced the murderer of Police Lance Corporal Adam Haleem, Ahmed Samah, to death after heirs of the murdered man demanded the death penalty instead of blood money.

In July 2012, Adam Haleem was stabbed to death on Kaashidhoo in Kaafu Atoll Island by Mohamed Samah while Haleem was on his way to report for duty.

He also acquitted Adam Naseer Aboobakuru, whom the former government of President Mohamed Nasheed had labelled one of the country’s ‘top six’ drug dealers.

In June 2009, police found over MVR 6 million (US$461,500) in cash and a tin containing drugs outside Naseer’s house during a raid on his home in Addu Atoll.

He was again arrested in July 2009 in Addu Atoll, but “he wasn’t in prison the whole time,” explained then President’s Office Press Secretary Mohamed Zuhair. “On several occasions, the court has delayed his imprisonment until the hearing.”

In his verdict, Judge Baari Yousuf said there was not enough evidence to prove the money had come from dealing drugs. He added that the drugs could have been placed outside Naseer’s house by anyone and did not necessarily belong to him.

In 2011, Baari made another controversial decision by ordering the release of another drug lord, Abdul Latheef of Fuvamulah in Gnaviyani Atoll, suspected to be involved with a high profile drug cartel.

Despite initially ordering Latheef be kept in detention, in a letter sent to police at the time, the Criminal Court changed its first decision and demanded that police switch Latheef’s detention to house arrest.

Latheef was arrested in December 2010, as he was about to drive away in his car after loading some vegetables into the vehicle’s trunk.

Police officers who stopped his car unpacked the loaded items in his presence and discovered 1083.42 grams of illegal narcotics containing the substance tetrahydrocannabinol (found in cannabis).

The country’s judiciary is currently being subjected to questions over its lack of impartiality and failure to deliver justice.

A substantial amount of criticism is also being levied against the JSC, which is mandated to oversee the functioning of the judiciary.

Several international experts and organisations including the International Commission of Jurists (ICJ) have expressed concern over the state of the judiciary and the JSC.

In February 2011, the ICJ claimed that the Maldives legal system is failing to serve its citizens despite many “positive developments” that have been made in an effort to depoliticise the courts, with many judges found to be lacking qualifications and independence.

Former director of the ICJ’s Asia Pacific operation’s Roger Normand at the time said he did not believe that the Maldives had an “independent judiciary capable of resolving problems”.

A similar report by Professor Paul H Robinson observed that “persons with little or no legal training can hardly be expected to know how to conduct a fair and effective trial.”

“Serious efforts must be made to provide substantial training to current judges in order to insure that all have the background they need in both law and Shari’a. Perhaps more importantly, no judge should be hired who does not already have the needed training,” he further wrote.

The spokesperson of the Criminal Court was not responding to calls at time of press.

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“What police officers did on February 6, 7 and 8 were crimes”: Police Integrity Commission

Members of the Police Integrity Commission (PIC) have told Parliament’s Executive Oversight Committee (EOC) that unlawful actions committed by police officers on February 6, 7 and 8 last year were criminal activities that needed to be prosecuted.

Parliament’s EOC is currently reviewing the report produced by the Commonwealth-backed Commission of National Inquiry (CNI), which looked into the controversial transfer of power that took place on February 7, 2012.

The committee is also assessing the progress of institutions in following the recommendations stated in the CNI report. The committee on Wednesday evening summoned the PIC along with members of the Human Rights Commission of the Maldives (HRCM) and Prosecutor General (PG) Ahmed Muiz.

Speaking to the committee, PIC Vice President Haala Hameed said that actions of police officers during the period of the controversial transfer of power amounted to crimes and should be prosecuted by the PG.

She claimed that the PIC had identified 29 cases of police misconduct, out of which cases concerning six police officers had been sent to the PG for prosecution. Furthermore, the PIC revealed that it had urged Home Minister Mohamed Jameel to suspend the officers immediately.

Hameed said the commission had failed to identify the police officers in five of the remaining cases while 11 other cases lacked supporting evidence. She also said the PIC was still investigating seven cases of police misconduct during the transfer of power.

“These are not disciplinary issues, but crimes. Aside from sending cases to the Prosecutor General, we also recommended the Home Minister suspend these officers, because of the delays in prosecution. We believe these officers should not be serving in the police,” Hameed said.

However, PG Muiz disputed Hameed’s claims, suggesting that the actions of police officers did not amount to crimes but were “disciplinary issues”.

“I am not deterred or afraid of carrying out my duty. I am not influenced by anybody. By the will of God, I will continue to carry out my duty. I would have sent cases to court if there had been sufficient evidence needed for a successful prosecution,” Muiz said.

“We did not investigate those cases as a disciplinary matter. Those are criminal cases. We investigated a crime,” Hameed responded.

When a committee member asked about the police officer Ali Ahmed – who was promoted twice after the PIC recommended he be dismissed from the police force and prosecuted, Hameed said Home Minister Jameel had given a “deaf ear” to the commission’s repeated requests.

Former Chair of the PIC Shahinda Ismail earlier revealed that officers the PIC had recommended for suspension were in instead receiving promotions.

“It is really upsetting for me, a huge concern, that the police leadership is permitting a trend whereby unlawful officers are acting with impunity. This can only lead to further violence,” Shahinda said at the time.

Meanwhile local newspaper Haveeru quoted Home Minister Dr Mohamed Jameel Ahmed as saying that the cases of police officers which the PIC recommended be dismissed had been sent to the police disciplinary board.

Jameel said that the Police Act and the regulations made under the act were very clear as to how a police officer could be dismissed or disciplinary action be taken.  He claimed that he would uphold the law and would not violate the Police Act.

“The PIC is an institution formed under the Police Act. I can’t simply remove a police officer simply based on a recommendation by the commission. That is why I sent the cases to police disciplinary board as soon as I got the [PIC]’s letter,” he told Haveeru.

Jameel also said that it would be an unfair dismissal if the court acquitted a police officer who had been dismissed prior a verdict being reached.

However, Hameed during the committee meeting, claimed there was sufficient evidence needed for successful prosecution of those officers which it had recommended be dismissed.

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Transparency Maldives announces extensive election monitoring program

Transparency Maldives has said it will conduct an extensive program of election monitoring during the 2013-14 elections in a bid to ensure the polls are fair and credible.

The Elections Commission (EC) announced this week that presidential elections would be held on September 7, with any run-off election to be held later the same month if required.

Transparency conducted domestic election monitoring during the 2008-2011 cycle of elections, including the country’s first multi-party presidential, parliamentary and local council elections. The results of these elections were widely accepted both locally and internationally – a notable outcome given the high temperature of the country’s politics.

“However, the current political polarisation and the tense, sometimes violent, political environment have strained and continue to further threaten the democratic gains of the previous election processes,” Transparency Maldives warned.

“The next round of elections is currently headed to unfold against this polarised background that appears to deteriorate in terms of political and economic problems,” it added.

In addition to nationwide election monitoring, Transparency Maldives will deploy observers to monitor the entire campaign period, as well as conduct a pre-election technical assessment that includes a focus on voter education.

“Educating voters is a crucial component of a credible election. Voter education is important to instil the values of civic responsibilities and prevent electoral violations such as vote buying and patronage, and change the attitudes of the general public to encourage wider public participation in increasing the integrity of the electoral system,” Transparency said.

The organisation will also run an online complaints mechanism, and perform media monitoring of the country’s heavily polarised fourth pillar.

Behind the “buy-elections”

Election results in the Maldives since 2008 have been widely declared credible by local and international observers, in large part due to a crackdown on practices such as photographing ballots with camera phones, and ‘assisting’ elderly or infirm relatives to vote. However, undemocratic activities in the lead up to polling – such as vote buying, patronage and intimidation – are rampant.

Minivan News observed many such activities first-hand during the Kaashidoo by-elections in April 2012.

“The people of this island will vote for money, they don’t have any principles,” confided a 21 year-old islander at the time. “The problem is that people want to force you to vote for who they support. Everyone should have the right to vote for whoever they want. Arguments within families have gone to the point that people are losing face.”

All sides were guilty of handing out cash, he said, in the guise of extending assistance for medical care: “Some people even use the money for drugs.”

In another instance, Minivan News observed a group of youths openly warning an elderly man in a cafe that they would cut of his cigarette supply unless he voted as they wished.

Other practices are more subtle – youth clubs or island NGOs may receive sizeable donations of cash or equipment in exchange for leaders influencing their members to vote in a certain manner.

During voting day on Kaashidoo, Minivan News observed that both candidates had set up exit poll booths under wide parasols, and were crossing off people who had voted.

Many islanders Minivan News spoke to at the time were open about the assistance they had received, justifying it on the grounds that the campaign period was the only time they would ever see their elected representative.

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Police arrest former head of Disaster Management Centre over fraud investigation

Police have arrested former Immigration Controller and head of the Disaster Management Centre, Abdulla Shahid, in connection with a corruption case involving MVR 24 million (US$1.55 million).

Police Sub-Inspector Hassan Haneef told Minivan News that Shahid was arrested at 11:00am this morning.

‘’He was arrested in connection with an  MVR 24 million fraud case,’’ Haneef said. ‘’Police are conducting a joint investigation with the Anti-Corruption Commission.’’

During his tenure as Immigration Controller under the Nasheed administration, Shahid was a key opponent of the controversial Nexbis border control system, which parliament unanimously voted to terminate in December.

The case involving the Disaster Management Centre concerns an audit report produced by the Auditor General. In the report, the Auditor General alleged that the MVR 24 million was fraudulently obtained from the budget allocated for the Centre for the year 2009 and 2010.

The Auditor General’s special report into the case alleged that the Disaster Management Centre had photocopied, edited and reused ‘Credit Purchase Order Forms’ used in 2005, to withdraw the MVR 24 million from the Centre’s budget at the Finance Ministry.

The ‘Credit Purchase Order Forms’ were originally given to the Disaster Management Centre in 2005 to withdraw cash from the Tsunami Recovery Fund.

The Auditor General’s report also suggested that the Finance Ministry was complicit in the alleged fraud.

In March 2012, the Anti-Corruption Commission (ACC) sent a corruption case to the Prosecutor General’s Office concerning the Disaster Management Centre and a housing project carried out on Gan in Laamu Atoll, following damage suffered in the 2004 tsunami.

The ACC entered the Disaster Management Centre with a police escort in October last year during the investigation process.

The ACC asked the Prosecutor General’s office to prosecute the two deputy heads of the DMC, and a senior official of the Ministry of Finance and Treasury.

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Presidential power struggle in the Maldives: South Asia Journal

The detention of the judge had provided the spark for a police and military mutiny – labelled by many a coup d’etat – which resulted in Nasheed’s departure from office on February 7, 2011, writes Daniel Bosley for the South Asia Journal.

“Alleging his resignation had come under duress, Nasheed and his supporters took to the streets the following day where they were met with brutal suppression by a police force which has yet to be brought to account for the numerous human rights abuses that ensued.

The Kafkaesque legal polemics when Nasheed was forcefully brought before the court for the first hearing in October hinted at deeper issues which underscore the country’s recent crises. Contending legal opinions suggested an illegal arrest warrant had been used, from an illegally assembled court, to bring an illegally removed president to trial, for the illegal detention of an illegal judge.

This labyrinthine situation indicates the urgent need for police and judicial reform in a struggling democracy which is looking increasingly rudderless. After months of political deadlock, street demonstrations, accusation and counter-accusation, Nasheed’s trial presents an opportunity to bring the political crisis back to where it began, with the judiciary and the criminal justice system.

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