Day: March 26, 2013

Lack of international cooperation could force MDP to militancy: MP Ali Waheed

Following high-level visits by the Commonwealth and United States Embassy this week, a Maldivian Democratic Party (MDP) MP claimed the party will resort to militancy if the international community does not do more to help restore democracy in the Maldives.

The United States Ambassador to Sri Lanka and the Maldives, Michele J Sison arrived in the capital Male’ today (March 26). Earlier this week (March 24), the Canadian Special Envoy for the Commonwealth, Senator Hugh Segal met with the Maldives parliamentary Committee on Government Oversight.

Parliament Oversight Committee Chairperson and MDP MP Ali Waheed implored the international community to take immediate, decisive actions to help restore democracy in the Maldives.

He explained militant and radical forces – which included presidential candidates – within the Maldives were becoming more powerful.

“The current situation within the country is going from bad to worse and heading towards chaos. Everything is politicised,” Waheed said.

“Umar Naseer is militant, but the international community are promoting more diplomatic candidates like [DRP] leader  Thasmeen Ali, who is failing.

“Why can’t they see this reality? The security of the Indian Ocean region and the Maldives is threatened,” he exclaimed.

MP Waheed also claimed that the MDP will resort to behaving like the militants if the international community does not provide help to ensure free and fair elections in September.

“MDP will not give away our presidential candidate [former President Mohamed Nasheed]. We already gave the government away because of the coup.

“MDP urges diplomacy and dialogue, but will but will step toward radicalism. MDP will be like the militants if the international community does not take action. MDP will be on the ground if Nasheed is not on the ballot paper. We will fight to the last drop [of blood].

MPs are very concerned the international community will continue to only focus on diplomatic discussions, which appear to be failing, claimed MP Waheed.

“We cannot wait for more talk. Nothing is moving, it has been ‘stuck’ since the Commission of National Inquiry (CoNI) report.

“We urge them to act now. Inclusive elections are the way forward. We call on other countries to help find a solution,” MP Waheed implored.

MDP Spokesperson Hamid Abdul Ghafoor further explained the MDP’s frustration to Minivan News.

“With the relative passivity of the international community on pending issues such as CoNI, action on errant forces and judicial reform, taken together with the ‘bash up’ attitude of mutineers towards MDP members, emotions are naturally bound to be heightened.

“[Therefore] the party top echelon would provide leadership, especially as it looks like the MDP shall have to go it alone towards elections,” said Ghafoor.

During the Parliament Oversight Committee’s meeting on Sunday, MPs briefed the Commonwealth’s Canadian Special Envoy, Senator Segal on the events surrounding February 2012’s controversial transfer of power, the current political situation in the Maldives, and the police services’ impunity from prosecution.

“He was very shocked,” claimed MP Waheed.

According to MP Waheed, the Commonwealth has pledged to give all the support necessary to bring back democracy and push for a solution regarding [the presidential candidacy of] Nasheed.

“We hope the Commonwealth Ministerial Action Group (CMAG) will seriously consider these things and discuss them,” he said.

“We thank the Canadian government and asked the Senator to pass along a letter to the Prime Minister. We requested he meet us and really keep an eye on the situation here,” he added.

The US Embassy stated the visit by Ambassador Sison today was routine.

“The Ambassador is in Maldives as part of our normal bilateral relationship. She will meet with government, military, and civil society leaders,” said embassy official Christopher Elms.

International commitments to reform

The Commonwealth has played a key role in terms of the international community’s stance towards the Maldives, particularly following the controversial transfer of power in February in which the present government came to office.

Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Don McKinnon, visited the Maldives in January 2013.

“A key objective of Sir Donald’s visit will be to discuss efforts to strengthen democratic institutions and processes in Maldives, and how the Commonwealth can further assist in this regard,” said Commonwealth Secretary General Kamalesh Sharma in a statement.

McKinnon’s visit followed the publication of a report in August 2012 by the Commonwealth-backed CoNI into the controversial transfer of power on February 7 2012. The report concluded that there was no mutiny by police or the military, and that former President Mohamed Nasheed’s resignation was not made under duress.

During McKinnon’s visit the MDP accused the Commonwealth Secretariat of being complicit in a “systematic government cover-up designed to subdue testimonies from key witnesses to the coup d’etat”.

In December 2012, the Commonwealth said it would work with the Maldivian government to push ahead with strengthening and reforming “key public institutions” as it reiterated calls for “inclusive and credible” presidential elections to be held next year.

In a statement issued December 7, Commonwealth Secretary General Kamalesh Sharma said the intergovernmental organisation would continue to work with international partners and Maldivian authorities on a programme of reform and “practical collaboration”.

Meanwhile, the US delegation that visited the Maldives in February this year gave no “definitive answer” to political issues raised by former President Mohamed Nasheed, the MDP has said.

Nasheed informed the delegates that the present government had failed to act upon the recommendations made in the Commission of National Inquiry (CoNI) report, claiming there had been a “lack of effort” to reform the judiciary.

However, MDP Spokesman Ghafoor said the US delegation were unable to answer the issues raised by Nasheed, and that their interest was focused on the implementation of free and fair elections later this year.

In April 2012, the US government pledged US$500,000 (Rf7.7 million) for an elections programme to assist Maldivian institutions in ensuring a free and fair presidential election.

The European Union (EU) declared this March that it would be “difficult” to consider the Maldives’ upcoming presidential elections credible unless former President Mohamed Nasheed is allowed to contest.

Indian Prime Minister Manmohan Singh has highlighted “free, fair and credible” elections as the “best course” for overcoming political uncertainty in the Maldives.

In a statement issued this March, Singh – referring to last year’s controversial transfer of power – noted that “there have been unfortunate problems in the Maldives after the February 2012 event.”

The Elections Commission of India (ECI) and the Elections Commission of the Maldives (EC) agreed on a roadmap for cooperation this March that includes jointly developing an assistance project to enable free and fair elections later this year.

During the protests that erupted during Nasheed’s stay in the Indian High Commission this February, the UK issued a statement calling for “inclusive” presidential elections as well as calm and restraint.

“During FCO Minister Alistair Burt’s recent visit to Maldives, he said it was vital that the country move decisively towards free, fair and inclusive Presidential elections. He also stressed the importance of all parties being able to participate in elections with the candidate of their choice. It is important for all parties to avoid taking action which could lead to doubt over the integrity of the electoral process and contribute to continuing instability,” the UK’s Foreign and Commonwealth Office stated.

At the time, the UN Secretary General’s office stated that it was “monitoring the developments with concern”, and urged “all political actors to exercise restraint, renew their commitment to the constitution and work toward creating conducive conditions for fair, peaceful and inclusive elections.”

“All parties contesting the September 7 presidential elections should be able to field the candidates of their choice in accordance with the rule of law and the constitution,” the UN stated.

Many of these prominent international actors initially supported the legitimacy of President Waheed Hassan Manik’s government following the controversial transfer of power February 7, 2012.

The CoNI report that followed six months later was welcomed at the time by the United Nations, Commonwealth, and United States.

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DRP, MDP oppose amendments to “take power” from local councils

The government-aligned Dhivehi Rayyithunge Party (DRP) has said it would not support any measures that “take power” from local councils after parliament today voted to reject amending the Decentralisation Act.

DRP Deputy Leader Dr Abdulla Mausoom said that while the party might consider some “balancing measures” to enforce controls on councils to combat political bias, it would not favour efforts to curb their powers.

The claims were made as parliament today rejected an amendment to the Decentralisation Act that proposed a number of changes, including dissolving councils which rejected the legitimacy of any serving government.

The opposition Maldivian Democratic Party (MDP) said the vote reflected increasing support even among government-aligned parties for decentralised governance, despite what it alleges are continuous “politically motivated” attempts to undermine local councils.

Government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed had proposed the decentralisation amendments, which were rejected by 30 MPs today in parliament. According to local media, 13 MPs were in support of the proposed amendments.

Local news service Sun Online reported that the proposals contained nine amendments to the act, that would also grant the government stronger control over municipal councils including their right to lease land and lagoons.

MP Rasheed was not responding to calls from Minivan News at time of press.

Council powers

Dr Mausoom said the DRP did not support the proposed amendments, believing that local councils at island and municipal level needed to be empowered and improved, rather than weakened.

“The DRP will not support taking away their powers,” he said.

Addressing the challenges facing decentralised governance across the Maldives, Dr Mausoom claimed that the distribution by councils of already limited resources to their constituents was in certain cases being impacted by political bias.

He contended that some councils had been reported to provide services and resource along party lines, possibly requiring in future some form of measures to ensure all members of the public were being treated equally.

Dr Mausoom denied DRP dominated councils may be favouring their own members however, while praising the overall majority of councillors for how they were conducting their duties.

“Some MDP and Progressive Party of Maldives (PPM) councils are dong very well, but others are biased in their work,” he added.

A few months after the formation of local councils back in 2011, former opposition and state figures expressed concern to Minivan News that general inexperience among local councillors and obstruction by the government of former President Nasheed had led to some significant teething problems for the decentralisation process.

“Ridiculous” amendments

MDP Spokesperson and MP Hamid Abdul Ghafoor today claimed that while a number of MPs aligned to the present government had continued to try and reverse decentralisation, the DRP was more openly supporting councils against “ridiculous” amendments such as those proposed by MP Riyaz Rasheed.

Hamid alleged that the DRP had in the past “not believed” in decentralisation that was introduced following inaugural local council elections in 2011.

However, he claimed there had been an apparent change in policy since a split within the DRP that saw a number of members including its founder and former President Maumoon Abdul Gayoom break away and form the PPM, which now holds the minority leadership within parliament.

Speaking following today’s parliamentary vote, Hamid said that despite the amendments being rejected, other government-aligned parties were constantly working on legislation that would reverse decentralisation introduced following inaugural local council elections in February 2011.

“They are trying to reverse what we have gained,” he claimed. “[When decentralisation was passed] we got about 60 percent of what we wanted for these councils. The DRP had a huge majority back then and made life very difficult for us. They were able to overturn our plans for financial decentralisation.”

Hamid said he believed the present DRP members, which include former senior members of former President Gayoom’s autocratic government, had shown there was support for retaining local councils.

However, he accused government-aligned parties of backing a “constant number” of amendments to the Decentralisation Act that directly target opposition-led bodies such as Male’ City Council (MCC).

‘Usfasgandu’ issue

The MCC has notably been locked in legal wrangling with the Housing Ministry over the last 12 months concerning its ability to lease an area of land known as “Usfasgandu” to the MDP for use as a staging ground for protests and other activities.

Usfasgandu was handed back to the Maldivian Democratic Party (MDP) by Male’ City Council earlier this week.

The area was cordoned off by police in January after the High Court issued a warrant requesting the area be kept under police custody until it reached a verdict on the case.

Male’ City Council leased the Usfasgandu area to the ousted ruling party in March 2012, prompting repeated attempts by the government to reclaim the area on the grounds it was being used for criminal activity, including the practice of black magic.

The MDP had moved to the area after a previous protest camp at the tsunami monument was dismantled and completely repainted by police and military on March 19, 2012.

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Tourism Ministry to use commercials and street performances to attract Chinese tourists

The Ministry of Tourism, Arts and Culture has revealed new plans to promote the Maldives to Chinese tourists through commercials showcasing the country’s culture.

The announcement follows a succession of international campaigns that threaten to damage the reputation of the Maldives’ tourism industry, both in China and traditional European markets.

Earlier in March, calls for a tourism boycott of the Maldives exploded across Chinese social media networks after allegations of discrimination against Chinese guests became widely circulated.

The tourism industry suffered another potential blow last week, when the online petition website Avaaz.org received over one million signatures in protest of the sentencing of a 15 year-old rape victim to 100 lashes for the offence of fornication.

In response to the negative press, Deputy Tourism Minister Mohamed Maleeh Jamaal told local media on Tuesday (March 26), that the ministry is currently preparing a number of activities to promote the country to the Chinese market.

According to the Maleeh, the ministry is preparing two commercial segments to be aired on Chinese national broadcaster, CCTV.

“The programs will show Maldives tourism, culture, traditional talents such as boat construction, and other themes that display the beauty of Maldivian culture and so on, Maldives resorts and their natural beauty, underwater footage, it’ll be excellent for the channel,” Maleeh was quoted as saying in SunOnline.

In addition to the commercials, the deputy tourism minister revealed that plans are currently underway to stage street performances in four different cities in China.

Maleeh claimed that the programs will work to the country’s advantage and will significantly promote Maldives tourism in China.

“Street performances are to be played in four different cities, and we will be meeting with at least 2000 agents, and even if we can attract about 20 news reporters from each city, it is large number, it will have a large effect on tourism,” Maleeh was quoted as saying.

According to Maleeh, the ministry has initiated a number of new efforts in order counter the widespread negative publicity circulating against tourism in the Maldives.

Tourism Minister Ahmed Adheeb and Deputy Tourism Minister Mohamed Maleeh Jamaal were not responding to calls from Minivan News at time of press.

Campaigns will damage both tourism and economy: Maleeh

On Sunday (March 24), Maleeh told local media that recent campaigns calling for tourists to boycott the Maldives would damage both tourism and the country as a whole.

Maleeh claimed the petition launched by Avaaz calling for the Maldives government to end the practice of flogging was really an attempt by the opposition to damage the country’s economy for political gain.

The petition, which has been signed by more than 1.2 million people, was launched after the Juvenile Court sentenced a 15 year-old rape victim to 100 lashes for a separate crime of fornication.

“When they started the campaign, they were clearly aware of the president’s stand, as well the attorney general’s stand on the matter,” Maleeh said, according to SunOnline.

“Looking back, a 14 year-old was given the same sentence during former President Nasheed’s presidency and nobody seemed to have talked about that. This whole deed is an attempt to defame the country’s tourism industry and [damage the] economy,” he said.

Cup noodle discrimination

Earlier this month, dismissed Chinese employees of the Beach House Iruveli resort – formerly Waldorf Astoria – posted allegations on the Chinese forum Tianya that guests from the country were receiving inferior treatment to Europeans, despite paying the same prices.

The staff alleged that this discrimination extended to removing kettles from the rooms of Chinese guests, to prevent them from making instant noodles in their rooms and thereby forcing them into the resort’s restaurants.

The resort has since denied the claims, stating that it had “removed damaged kettles from rooms as part of routine maintenance due to the fact that these kettles were damaged by guests by cooking food.”

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Maldivian journalist arrested by police for taking photos

Police have arrested a Maldivian journalist while he was taking photographs outside the justice building on Tuesday morning (March 26).

SunMV journalist, Ahmed Azif, was taken into police custody after contesting claims by police that he could not take photographs without displaying press identification, local media reported.

Maldives Media Council (MMC) and Maldives Journalist Association (MJA) have since condemned the arrest of the journalist, calling for all parties to refrain from actions that might hinder freedom of the press.

A statement from MJA reads: “While it is not prohibited to take photographs near the justice building by a journalist or anyone else, arresting a journalist for taking pictures in the area is a deliberate act to instigate fear among journalists.”

SunMV has claimed that Azif had been picked out by police from a number of journalists standing outside the justice building.

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Supreme Court Judge asked me to file case against Nasheed, alleges sacked Human Rights Minister

Sacked Human Rights Minister Fathimath Dhiyana Saeed has sent a letter to Chief Justice Ahmed Faiz Hussain requesting that he investigate a Supreme Court judge, whom she alleged requested that she file a case against former President Mohamed Nasheed in a bid to prevent him from running for presidency in the 2013 presidential elections.

The former SAARC Secretary General’s claims follow the High Court’s rejection of a petition filed by her and a team of lawyers, requesting the court look into the legality behind the controversial transfer of power that took place in February 2012.

The High Court rejected the case on the grounds that it did not have jurisdiction to look into the matter. Saeed was later quoted in the media saying that she would file the case at the Supreme Court.

Speaking to local newspaper Haveeru on Monday, Saeed said that although her intention was to file the case at the Supreme Court, it was highly unlikely that justice would be served at the court.

This, she claimed, was due to the fact that her case had a strong connection with former President Nasheed’s alleged illegally obtained resignation, and that a judge on the Supreme Court bench had expressed to her that he had personal scores to settle with Nasheed.

According to Saeed, the said judge had personally instructed her on what cases she should file against the former President. Saeed alleged the instructions were given at a meeting held in the judge’s house at his request following Nasheed’s resignation.

Supreme Court Judge issues instructions to file cases should be filed against Nasheed

Among the suggestions allegedly given by the judge included filing a case concerning Nasheed’s decision to remove eight members appointed to parliament by former President Maumoon Abdul Gayoom, prior to the ratification of the constitution.

In March 2012, the Supreme Court ruled that the removal of the eight presidential appointees in late 2008 by incoming President Mohamed Nasheed – who replaced the eight with his own appointees – was unconstitutional and ordered the state to compensate the MPs for salaries and allowances due for the remainder of the last parliamentary session.

Following the ruling, the state was ordered to pay approximately MVR 500,000 (US$32,425) for each of the eight Gayoom appointed MPs, totalling up to MVR 4 million (US$ 311,284.05).

Another suggestion included refiling a case filed by Jumhoree Party (JP) Youth Wing Leader Moosa Anwar in 2008 against Nasheed. This case claimed that Nasheed was convicted and sentenced for theft – a ‘Hadd’ offence under Sharia’ law – in similar bid to bar his candidacy in 2008 Presidential elections.

However, the Supreme Court on October 2008 declared that Nasheed was eligible to contest the election and that Nasheed was not sentenced on a Hadd offence.

Saeed declined to reveal the name of the judge but said he was “involved” in the Supreme Court’s decision to declare the legitimacy of the controversially-formed Hulhumale Magistrate Court.

In December 2012, the Supreme Court declared that the Hulhumale Magistrate Court – created by the Judicial Services Commission – was legitimate and could operate as a court of law.

The court’s legitimacy was declared by a majority of four out of the seven member Supreme Court bench.

Judges Abdulla Saeed, Ali Hameed Abdulla, Adam Mohamed Abdulla and Dr Ahmed Abdulla Didi voted in favour of the court’s legitimacy, while Chief Justice Ahmed Faiz, Judge Abdulla Areef and Judge Mu’uthazim Adnan had dissenting views. Judge Adam Mohamed – also president of the Judicial Service Commission (JSC), responsible for creating the court and appointing the judges in the Nasheed trial – cast the deciding vote.

Saeed on Monday claimed she was yet to receive response from the Chief Justice regarding the complaint.

“I have no knowledge as to whether that case is either considered or whether it is being looked into,” she said.

Saeed claimed that the specific judge must refrain from hearing any case linking with former President Mohamed Nasheed’s resignation and transfer of power in 2012, including the case she intends to file at the court.

“Judges should refrain from personal interests and bias; his rulings should be impartial. So, when a judge specifically speaks of preventing a specific person from getting elected to president, that means that he is biased,” Saeed said. “That is grossly inconsistent with the principles of justice.”

Speaking to local TV station Raajje TV on Monday evening, Saeed claimed that she only decided to talk about the matter after what happened with the case concerning the legitimacy of Hulhumale Magistrate Court.

“After realising how unfair it is for a judge like that to sit in the bench and decide the case regarding Hulhumale Magistrate Court, which is so closely related to Nasheed’s trial, I decided to speak out in public. Otherwise, I would have taken this to grave, and never mention it,” Saeed told the local TV station.

The judge who wanted to settle scores with me should be found and removed: President Nasheed

Following Saeed’s allegations, former President Mohamed Nasheed said that Judicial Service Commission (JSC) should find the judge which Saeed was speaking of, and remove him from the Supreme Court bench.

During a campaign rally held at Henveiru ward of Male City, Nasheed said that it was pointless for Chief Justice to talk of the judiciary while having knowledge of such discrepancies within the courts.

“The [Chief Justice] must look into this. A judge sitting in his court room is asking a lawyer to file a case against a President. When he is given a letter regarding such discrepancy, he should look into it. It is important that the JSC find who this judge is and dismiss him. He is not fit to be a judge,” Nasheed said.

Nasheed further said that Maldivian laws do not allow biased judges to sit in courts, and repeated his call for judicial reform.

“Neither the law nor the public wants a judge who often picks sides, distances himself and deliberately disregards the rules of justice in settling matters to remain as a judge in the court room,” he said.

The “noble Jihad”

However, on Sunday both Chief Justice Ahmed Faiz Hussain and JSC President Adam Mohamed both claimed that “nobody can meddle with the Supreme Court”.

Both the Supreme Court judges contended that nobody could change the Supreme Court bench or remove a Supreme Court judge unless the position became vacant as per the law.

“By the will of Allah, the Supreme Court bench will prevail as long as the Maldives remains a democracy. The bench cannot be changed. A change to the Supreme Court bench can only be brought if a judge’s position becomes vacant,” Justice Faiz said at the time.

Meanwhile Adam Mohamed also called on state institutions to refrain from interfering with the work done by the courts or do anything that could “impact the fairness and impartiality” of the JSC.

“I call upon you not to forget the fact that you are carrying out a very noble jihad in the name of Allah in delivering justice to the people,” he told the judges.

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Police seize 237 driving licences in one week following traffic violations

Police have withheld the driving licences of 237 people following a spate of traffic violations over a period of one week, local media has reported.

As part of a police operation conducted from March 12 to 18, a further 422 people were fined for traffic violations, statements were taken from 167 individuals who were not carrying their licences and 160 vehicles received stickers for parking against the traffic regulation.

During the police operation, 28 accidents were reported out of which investigations had been completed for 15 cases.

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Umar Naseer opens ‘Command Centre’ campaign office

Progressive Party of Maldives (PPM) presidential primary candidate Umar Naseer has officially opened his campaign office in Male’.

Speaking at the official opening of the ‘Command Centre’ on Monday night (March 26), Naseer claimed that the strongest and the most experienced politicians in the country supported him and that he has the support of many PPM members on the Atolls, local media reported.

The campaign office is located in the Files building near Kalaafaanu School in the Heniveru ward of Male’. Naseer dubbed the office his ‘Command Centre’.

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Comment: It’s the judiciary, stupid

This article was first published on Dhivehi Sitee. Republished with permission.

We had information that on 8 February Mohamed Nasheed would close other courts in the Maldives, send all judges home, and acting on his own, would establish a Judicial Reform Commission. From then onwards, it would be this Commission that would appoint all magistrates. ~2013 Presidential Candidate, Umar Naseer (PPM).

I learned about President Nasheed’s intention to establish a Judicial Reform Commission—or in whatever name it maybe—only after the government changed.

– 2013 Presidential Candidate, Abdulla Yameen (PPM)

We don’t know for sure whether Mohamed Nasheed was planning to form a Judicial Reform Commission on 8 February 2012 or not. But, leaders of the National Alliance, especially PPM, have made it clear what motivated them most to be out on the streets protesting until Nasheed’s government ended was the prospect of Nasheed making changes to the judiciary.

Many ‘intelligence-based’ reasons were offered  for the National Alliance’s opposition to the expected changes: Nasheed’s Judicial Reform Commission was going to be totally under his control; it was a way for Nasheed to usurp judicial power; it was Nasheed’s means of destroying the judiciary.

Truth of the matter is all parties in the National Alliance would have been opposed to judicial reform in whatever form it came.

To regard all attempts at reforming the judiciary as undue interference is to believe that the existing judiciary is as should be—independent, just, equal. This is far from the truth. To begin with, an overwhelming majority of current judges were sworn in extra-constitutionally, in violation of Article 285 which demands new, higher, ethical and professional standards from judges. As former Judicial Service Commission (JSC) member Aishath Velezinee exposed, the Commission colluded with authoritarian loyalists to dismiss Article 285 as ‘symbolic’.

Ignoring the constitutional requirement for a complete overhaul of the judiciary has allowed unqualified, unethical and downright criminal individuals to remain on the benches long past the constitutional deadline. Neither the Executive nor the Majlis took appropriate action to stop the oath-taking then; nor have they taken any steps to remedy the situation since. Many of these judges — spread out across low, higher and highest courts — were appointed by, and continue to be under the influence of, pre-democracy leaders. Chief Judge of the Criminal Court Abdulla Mohamed (Ablow Ghaazee) is the icing on the authoritarians’ unhealthily large share of the judicial cake.

His removal and any other change in the carefully engineered set-up would mean less protection for those facing serious torture and fraud charges dating back to the dictatorship. The PPM-led National Alliance protests, seen this way, can be described as intended to ‘protect the judiciary’ from reform rather than keeping interference at bay.

It is now over a year since the National Alliance’s protests saw out the end of the country’s first democratically elected government. If judicial independence is what the protests were about, tackling the problems head-on would have been the new government’s first priority. On the contrary, every effort has been made to sustain the status-quo which preceded Nasheed’s drastic decision to have Abdulla Mohamed arrested.

“I thought he [Abdulla Mohamed] should be released, but I don’t think he should be allowed on the bench until all investigations pending against him have been satisfactorily investigated,” Dr Waheed, the current president said in his CoNI testimony.

Yet, Abdulla Mohamed is not just on the bench, he is back as Chief Judge of the Criminal Court, the main man sitting over the trial of Nasheed for his arrest. Indeed, reinstating Ablow Ghaazee was the first order of business for the new regime. Presidential Candidate Gasim Ibrahim (JP) [who, ‘incidentally’, is also a member of the JSC], meanwhile, dismissed UNSR Gabriella Knaul’s recommendations for judicial reform as lies and levity.

The government’s reaction to all such recommendations has been to either ramp up nationalistic rhetoric and play the sovereignty card, willfully ignore the expert advice, or both.

As noted in the UNSR report, ‘all branches of the State and all institutions have a role to play and responsibilities regarding the consolidation of democracy.’ But, sadly for the Maldives, it is not just the executive failing in its responsibilities towards judicial independence, but the Majlis, too, seems unable (or unwilling) to appreciate the absolute indispensability of judicial independence for regaining democracy.

MPs like Mahloof and Nihan of PPM who so ‘valiantly’ fought on the streets of Male’ to ‘protect the judiciary’, for instance, have yet to raise any judicial reform issues in parliament. Apart from a few individual MPs advocating for reform on other platforms, the Majlis as a collective body has been actively negligent of its duties towards the judiciary.

Otherwise, by now, it would have held the entire JSC accountable for dismissing Article 285 of the Constitution as symbolic. MDP MPs, and others, should have pushed not just for the removal of Gasim Ibrahim from the Commission, but every member of the JSC that colluded in the decision to violate the Constitution.

Long before Majlis summoned Speaker Abdulla Shahid to ask about the Hulhumale’ magistrate court, it should have asked him to explain what he saw, witnessed and participated in while in the JSC that allowed Article 285 to be deemed irrelevant. Even when the Parliamentary Oversight Committee had Shahid in front of them last Tuesday, not only did it fail to ask him about his role in the dismissal of Artical 285, it also failed to interrogate him on how the Hulhumale’ Court bench was illegitimately appointed by the JSC on his watch. “I was not present at the meeting,” is not a reason for absolving any JSC member, Speaker of Parliament or not, from responsibility.

The constant failure by the Majlis to hold JSC accountable for its crimes against judicial independence suggests: a) it is incompetent; and/or b) it colluded with the JSC in violating Article 285 of the Constitution.

All MPs, no matter what party affiliation, must collectively exercise the right and responsibility of the Majlis to hold the JSC accountable, and to work towards redressing Article 285, and all that needs done to ensure we have the kind of judiciary envisaged by the 2008 Constitution on which the Maldivian democracy is based.

Without judicial reform, it is hard to see how the upcoming elections could be free and fair nor how life after elections could be democratic.

Dr Azra Naseem has a PhD in international relations

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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Police investigating ‘Moneygram’ fraud worth MVR49.9 million

Police are investigating a MVR49.9 (US$3.2 million) fraud case involving money transfer organisation ‘Moneygram’.

Police told local media that the case was reported on March 13 was now under investigation.

Police Spokesperson Chief Inspector Hassan Haneef said the case was handed to the police cyber crime department as the fraud was conducted over the internet.

Chairman of Maldives Post Limited (MPL) Ahmed Nizam told newspaper ‘Sun’ that the company came to know about the missing money last week and reported it to police.

He told the paper that it appeared the money was stolen through hacking.

Maldives Post Limited has temporarily ceased offering money transfer through Moneygram “until the police investigation is concluded that the MPL is sure this sort of thing will not happen again.’’

Maldives Post Limited and police have not provided details of the case.

MPL website states that ‘’Moneygram is a person-to-person money transfer virtually to any place around the world. Moneygram is an extensive and proficient network, linked by computers, which will transfer your money around the world with care.’’

According to the Maldives Post website, MPL in association with MoneyGram provides money transfer service to 39,000 locations in 150 countries around the world.

The website also states that ”Moneygram is based in Denver, Colorado USA. It was started in 1988 and since then has emerged to become one of the world leaders in the electronic transfer of money around the world. Moneygram has developed top-end technological solutions for its business, which are highly secure and reliable.”

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