Month: March 2013

Facebook shuts down anti-government protest page without notice

Facebook has shut down a prominent pro-Maldivian Democratic Party (MDP) Facebook page, ‘Kula Yellow’, without notice.

The anti-government page was first established in May 2010 and spread by word of mouth, attracting a strong following among Maldivian young people and reaching 23,000 ‘ likes’. Facebook did not contact the administrators before shutting down the popular social media news source, at approximately 6:30pm on Tuesday, March 5.

According to an analysis conducted by Kula Yellow on the site Social Bakers, the youth-run, self-described “name and shame” platform is one of the most popular social media news sources in the Maldives.

Kula Yellow is a reference to MDP’s political party color. The page promises a “source of information against President Mohamed Waheed regime and a tool to mobilise people against continued human rights abuses and police brutality.”

“MDP is fighting for freedom. Kula Yellow facilitates that by providing a platform for them to spread their views, organise protests and events, and it is very helpful if any message needs to be conveyed to supporters instantaneously,” a Kula Yellow co-founder told Minivan News.

“We are updating and uploading media of police and government brutality 24 hours a day. Our posts have revealed many, many, many government secrets and they can’t digest it. Kula Yellow is a threat to them,” he claimed.

“Additionally we have saved many, many, many lives through our social work. For example, if anyone – they don’t have to be an MDP supporter – needs a blood donation we post on the page to find a matching donor,” the co-founder added.

Although the page has never been shut down before, five of the most active administrators have had their personal accounts blocked or shut down since former President Mohamed Nasheed’s controversial resignation February 7, 2012, a Kula Yellow co-founder and administrator told Minivan News.

“Some of the most active administrators’ have been blocked several times following the coup. This was a problem for us on the release date of the Commission of National Inquiry (CoNI) as well. The current Maldivian government cannot digest anything we are reporting and they are subsequently blocking media freedom,” he contended.

“I’m sure it’s a government act. They are sending continuous complaint reports to Facebook saying Kula Yellow is ‘spreading lies and inciting violence’, but that is not true,” the co-founder stated.

“There are only two or three news media outlets, and newspapers Haveeru and Sun Online back the current government,” he added. “Kula Yellow fills a gap by trying to explain the coup and give a voice to Maldivian people. The government didn’t like what we were posting and cannot come down on us under Maldivian law. Of course they are trying to block us, I’m sure they formally complained to Facebook,” the administrator stated.

“Maldivian intelligence from the Police Services and Maldives National Defense Force (MNDF) monitor [telecommunications companies] Dhiraagu and Wataniya calls and text messages. They are always trying to intercept communications,” the Kula Yellow administrator said, matter-of-factly.

A second Kula Yellow administrator explained there were many admins spread throughout the Maldives, and they took down inappropriate content, such as threats or misinformation.

“Kula Yellow is very open because it’s a social media platform for the public, so on the rare occasion someone puts inappropriate content on the ‘wall’ the administrators take it down immediately. We try our best,” he said.

“We are not like the many hate pages that supporters of Waheed’s government have up – all of which are up and running smoothly,” he said.

“We will interfere”: police

Police denied issuing complaints about Kula Yellow to Facebook, but admitted to telecommunications interference.

Police Spokesperson Chief Inspector Hassan Haneef told Minivan News that “so far we haven’t reported anything to Facebook”.

“We will interfere if any social network or internet site is not [run] according to Maldivian law and order,” Haneef added.

The MNDF also denied interfering with the Kula Yellow page, as Spokesperson Colonel Abdul Raheem explained to Minivan News.

“We have not asked anyone to take down Kula Yellow, not to my knowledge. Was it the communications ministry or something like that? They can say anything,” Raheem said.

President’s Office Spokesperson Masood Imad denied knowledge of Kula Yellow’s existence, as well as any government interference with it being shut down.

“I have never heard about this Kula Yellow thing that you are talking about. We [the government] do not worry about these pages. How do you know Facebook took it down? Facebook is too big to worry about small little pages. The fact that the page has been taken down has nothing to do with the government,” Masood said.

“Maybe they themselves took it down. If their page has been hacked, or shut down maybe the page owners can follow it up with Facebook,” said Masood.

In 2012, administrators of Kula Yellow claimed they had been “threatened” by police over their page’s content. Police officials denied the accusations.

Facebook activism

Kula Yellow contacted Facebook immediately to reinstate the page and say they remain hopeful their page will be restored quickly.

“Yesterday’s action seemed to be a targeted response to the regime’s arbitrary arrest of the Maldives’ first democratically elected president, Mohamed Nasheed,” stated Kula Yellow.

“Kula Yellow is disappointed by the action taken against the page by Facebook and calls for them to immediately reconsider and place their support with the people of the Maldives.”

A Kula Yellow co-founder lamented that the situation in the Maldives was very complex and contend that Facebook “clearly does not understand Kula Yellow.”

“Facebook did not check to verify what the government, or individuals from the government regime, were reporting. They were probably following their company policy to remove the page if they received numerous complaints.

“This happened in Syria also. Then journalists reported the story and helped get the page(s) reinstated,” a Kula Yellow co-founder stated.

Kula Yellow is exhorting diplomats and international actors to “understand that this is a violation of our human rights, particularly freedom of expression, and should support Facebook reinstating the Kula Yellow page immediately”.

“There are already many fake Kula Yellow Facebook pages going up and this will continue to spread like wildfire in the jungle. The government can’t stop us. We don’t give a damn. There are a thousand ways to move forward, so well will just find another way.

“In the interim our Twitter page is active,” a Kula Yellow administrator added.

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

Additionally, the Maldives is one of two countries to be dropped from Freedom House’s list of electoral democracies, in its annual survey of political rights and civil liberties.

Facebook had not responded to Minivan News at time of press.

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President wanted “credit” for Maamigili Airport lease extension: former transport minister

Former Minister of Transport Dr Ahmed Shamheed has criticised his removal from cabinet last year following the decision to extend the lease of Maamigili Airport by 99 years.

Shamheed has claimed that he was dismissed by President Dr Mohamed Waheed Hassan Manik following the approval of the airport lease extension because the president wanted to take credit for the decision.  The lease was given at the time to the Chairman of Villa Group, Gasim Ibrahim.

Last month, the Anti-Corruption Commission (ACC) began an investigation into the 99-year lease of the airport. According to the ACC President, Hassan Luthfee, the investigation is still ongoing.

Despite the investigation, President Waheed inaugurated Maamigili Airport last week (February 28).

Shamheed claimed that the decision to extend the airport lease had been made whilst former President Mohamed Nasheed had been in power, and that the decision was not one he had made on his own.

“It was the economic committee who had decided on the lease, I never decided on my own. It was initiated by the committee actually, that is how it started,” Shamheed alleged to Minivan News.

“It do not think it was the 99-year lease that was the problem, I heard from people close to him that he thought he should be the one making the decision. He thought he should take the credit for that.”

Shamheed was nominated to his former ministerial post by the government-aligned Jumhooree Party (JP) – of which Gasim is the party’s president.

Speaking back in November 2012, the former transport minister told local media that the documents to extend the airport lease for 99 years had been sent to the transport ministry by Nasheed’s government.

“The current government delayed the matter. The president government only endorsed the decision. It was decided by the NPC [National Planning Council] during the former government,” he was quoted as saying in local newspaper Haveeru.

President Waheed inaugurated Villa International Airport in Maamigili Island in south Ari Atoll on February 28.

Speaking at the ceremony, Waheed thanked Chairman of Villa Group, Gasim Ibrahim, before stating that he was greatly honoured to inaugurate the airport.

The main objective of making the airport an international airport was to improve the country’s transport system and the tourism industry, Waheed said during the ceremony.

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“JSC politicised, trying to eliminate Nasheed and MDP from elections”: JSC Member Shuaib

Judicial Services Commission (JSC) member Sheikh Shuaib Abdul Rahman has spoken out against the judicial watchdog body, declaring it as politicised and attempting to eliminate former President Mohamed Nasheed from the September 7 elections.

The JSC has not only created the Hulhumale’ Magistrate Court in which the former President is being tried, but has appointed the three-member panel of judges overhearing the case. The JSC’s membership includes several of Nasheed’s direct political rivals, including Jumhoree Party leader and resort tycoon Gasim Ibrahim, one of Nasheed’s rival presidential candidates.

Sheikh Rahman, the member of the commission appointed by the public, said political influence of the commission had heightened after Gasim had been appointed.

He is the second JSC member to blow the whistle on the Commission, echoing the concerns of JSC member Aisthath Velezinee who was stabbed in the street in early 2011.

Sheikh Rahman made the remarks during a live appearance on local TV channel Raajje TV, just over a week after UN Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul also aired concerns over the JSC in a statement following a fact finding mission to the Maldives.

Speaking on the show, Sheikh Rahman said the JSC had openly discussed their intent to ensure the elimination of the Maldivian Democratic Party and presidential candidate former President Mohamed Nasheed from the upcoming elections.

Sheikh Rahman alleged that Chair of the Commission, Supreme Court Judge Adam Mohamed, had abused his post and powers as the chair to try and eliminate Nasheed from contesting the elections, and alleged that Adam Mohamed had “used the commission as a political tool”.

“The politics of the majority control the commission, hence the rule of law, due process and due diligence do not exist in the JSC,” Sheikh Rahman stated. “The commission has no amount of respect for constitutional principles.”

“It is common now to hear a lot of MDP and Nasheed bashing in commission meetings. This was not how things usually were before. I believe politically biased comments like this have increased since Gasim joined the JSC as a representative of the parliament,” Sheikh Rahman continued.

“Gasim even went to the point of asking the UN Special Rapporteur Knaul when she held a meeting with us to state in her report that it was MDP who torched the courts. I heard him say exactly that,” Sheikh Rahman said.

JSC Chair abuses power to continue running unlawful Hulhumale’ Court

Sheikh Rahman further revealed that the JSC had “handpicked” magistrates to preside over the case against Nasheed, for his detention of Criminal Court Chief Judge Abdulla Mohamed.

He said that the JSC’s intention in assigning the case at the Hulhumale’ Magistrate Court to the three specific magistrates was for the explicitly stated purpose of “sentencing Nasheed”.

According to Sheikh Rahman, the Hulhumale’ Magistrate Court was initially established through misinformation and manipulation of the commission on the part of JSC Chair Adam Mohamed.

“The Hulhumale’ Magistrate Court is actually abolished automatically with the concept of judicial districts coming into effect upon the ratification of Judicature Act on 10 August 2010. And yet, they continue to run the court,” Sheikh Rahman stated.

He went on to say that as the constitution defines Hulhumale’ and Villingili as parts of the capital Male’ city, there was no authorisation to set up separate magistrate courts on these islands.

Sheikh Rahman alleged that despite these facts, JSC Chair Adam Mohamed had invoked the theory that Hulhumale’ and Villingili were separate islands and were therefore qualified to have their own magistrate courts.

Appendix 2 of the Constitution of Maldives which defines administrative divisions, states that Male’ is inclusive of Villin’gili and Hulhumale’.

Sheikh Rahman revealed that he had, as a member of the JSC, submitted a complaint to the commission to review the decision regarding the court on the grounds that it was unlawfully established. He stated that his attempts were in vain as Chair Adam Mohamed had once again abused his powers and refused to schedule the matter during the commission sessions.

Sheikh Rahman stated that he had made multiple requests for a decision on the Hulhumale’ Court, all of which was rejected by the chair. He confirmed that he had not received any written or official responses to the motions he submitted on the matter.

“Another false justification that Adam Mohamed used is that the matter cannot be discussed in the commission as it referred to an ‘ongoing case’,” he said.

UN Special Rapporteur Gabriella Knaul also criticised the ‘arbitrary appointment’ of judges to Nasheed’s case. She also stated that the Hulhumale’ Court did not have the constitutional mandate to oversee the specific case.

Former JSC member Velezinee also repeated her concerns about the politicisation of the JSC at a recent press conference held to share her remarks on the preliminary findings of UN Special Rapporteur Gabriela Knaul.

Incumbent JSC Member Gasim Ibrahim, meanwhile called Knaul’s findings ‘lies and jokes’ at a JP party rally.

The Hulhumale’ Court meanwhile on Wednesday refused to delay Nasheed’s trial until after the elections, despite the prosecution stating they had no objection to such a decision.

Gasim Ibrahim was not responding to calls at time of press.

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Hulhumale’ Magistrate Court refuses to delay Nasheed’s trial until elections, despite no objection from PG

The Hulhumale’ Magistrate Court has decided to halt the ongoing trial of former President Mohamed Nasheed for four weeks.

The former President is charged with the controversial detention of Chief Judge of Criminal Court Judge Abdulla Mohamed during the last days of his presidency.

During Wednesday’s hearings, Nasheed’s legal team requested the court delay the trial until the end of the scheduled presidential elections in 2013,  and in a separate request, asked the court for a delay in proceedings by four weeks.

The court stated that the request was made in a letter it had been sent by Nasheed’s legal team.

Following the request, the prosecution told the three-member panel of judges that they “did not have any problem” with withholding the trial for four weeks, and they “did not object to delaying the election until the end of the scheduled presidential elections in September 2013.”

Judges repeatedly questioned the prosecution on this statement.

In response, the prosecution repeated the statement, adding that the phrases “not objecting” and “not having a problem” had two different meanings, but did not explain further.

After a short break, the judges dismissed the request to delay the trial until the end of the elections, but agreed to withhold it for four weeks, stating that the panel of judges by majority “had decided to proceed with the trial”.

Nasheed’s lawyers subsequently contested the decision, claiming that continuing the trial could compromise the rights of many people, arguing that Nasheed was the presidential candidate of the largest political party in the country, the Maldivian Democratic Party (MDP).

The latest statistics from Elections Commission show the MDP currently holds a membership of more than 46,000 members, in a country with a population of 320,000.

However, the court stated that Nasheed’s claim he was the presidential candidate of a political party lacked legal grounds to support it, as presidential candidates were decided by the Elections Commission after it opened the opportunity to file presidential candidates.

The judges then repeatedly asked the prosecution to state whether they wanted to delay the trial or not. However, the prosecution maintained that it was not their request to delay the trial, but said they would not object to this.

The sitting judges concluded Wednesday’s hearing stating that another hearing would be scheduled after the four week break.

Nasheed’s lawyers after the hearings stated that they would appeal the decision made by the magistrate court in the High Court.

Member of Nasheed’s legal team Abdulla Shairu stated that he was surprised by the decision reached today by the court , as this was the first time it had decided to go on with a trial while both defendants and the prosecution had not objected to a delay.

The hearing was attended by senior members of the MDP, including its parliamentary group members.

Nasheed was also released from police custody as the court order to hold him expired.

Earlier, the former President’s legal team’s appeal to the Criminal Court for a writ of Habeas Corpus demanding his release from custody, however this was rejected by the court without a hearing.

The team made the appeal to the court on Tuesday evening. The Criminal Court subsequently requested police to provide the details of the detention.

In a notice sent to member of Nasheed’s legal team Hisaan Hussain, the Criminal Court stated that former President Nasheed had been arrested as per a court order, therefore could not be released.

Speaking to Minivan News, Kirsty Brimelow QC, one of three UK-based experts on former President Mohamed Nasheed’s legal team said that there remained a “strong argument” in the case that the prosecution of Nasheed was “not in the public interest”.

“It is a strong argument that a prosecution is not in the public interest. The currently constituted court comprises of judges who may be biased or have the appearance of bias. They should recuse themselves,” she argued.

“There has been no review of the original decision to prosecute in the light of the Parliamentary Select Committee’s findings,” she said. “There has been no disclosure of documents which are essential to allow Mohamed Nasheed to properly defend himself,”

She contended that the prosecution of Nasheed’s case before the Hulhumale’ Magistrate Court fell “below international standards for fair trial procedure”.

“The arrest and remand in custody of Mohamed Nasheed was heavy handed and unnecessary. Arrangements could easily have been made, at any time, for him to surrender to the court,” Brimelow added.

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Uncertainty over 2011 case of British couple killed in resort quad bike accident

The Criminal Court has said it still requires statements from the parents of a British couple killed in a quad bike accident at Kuredu Island Resort in 2011.

Swedish national Filip Eugen Petre, a son of a shareholder in Kuredu Island Resort, is currently facing trial for his alleged role in crashing a quad bike carrying British nationals Emma and Jonathon Grey at Kuredu on August 6, 2011.

The case is at a stand still as the court awaits responses from the parents of the deceased, regarding the preferred form of punishment for the accused.

However, both police in the UK and the respective families of the deceased have both insisted that the families decision has been submitted and then re-submitted to the court.

Earlier today, Director of the Department of Judicial Administration Ahmed Maajid, contacted the Criminal Court media official on behalf of Minivan News for more information on the case.

“The Criminal Court media official, Mr Manik, told me that the trial hearings are now over. However, the court is currently awaiting statements from all of the family members regarding the preferred form of punishment for the accused. Only then will there be a final verdict,” Maajid claimed.

In October, 2012, Maajid told Minivan News that the court was awaiting a response from only of the victim’s family in regard to the accused’s punishment.

“A Criminal Court media officer tells me that what remains in the case is to obtain the word of the family of one of the victims, as to whether they want a sentence of execution, or blood money or to forgive,” Maajid told Minivan News back in October.

Minivan News attempted to contact the Criminal Court media official today, but he was not responding to calls or text messages throughout the day.

Maajid, when asked to clarify the information in relation to the previous comments made by courts, said that the official from the Criminal Court had later found more information regarding the case.

“Criminal Court has said they have a statement from the mother of the deceased man. But they have not received one from the father of the man, or either of the parents of the deceased woman,” Maajid claimed.

Under Islamic law, the family of the victim is given the option to sentence the accused to execution, blood money or to forgive them.

A relation to the deceased told Minivan News today that their statements had been submitted multiple times on different occasions to the courts.

According to the relation, the last the family had been told by the court was that the final verdict of the charge would be delivered at the next scheduled hearing.

“On the last hearing, which was held on February 27, closing arguments were given by the state and the defense. The judge has stated that the final verdict of the charge would be delivered at the next scheduled hearing.

“Furthermore, in the same hearing the court indicated that, they would contact the families of the deceased if they find there is a need to do so,” the relative said the family had been told.

UK police re-submit family requests

In October 2012, UK police were made to resubmit requests from the relatives regarding the punishment.

A relation of the Grays confirmed to Minivan News in October 2012 that neither victim’s family had received any official notification from the Maldivian courts themselves.

The UK police however, through a family liaison officer, confirmed that their Maldivian counterparts were informed “months ago” of the families’ preferred sentence.

“The police have said that they are going to re-submit the issue to the Maldives police today,” claimed the relation.

“That’s what is holding up the case right now, [the police] do not seem to have forwarded this information to the courts.”

The relative added that while they did wish to see some form of punitive sentence for the driver if he was convicted, they did not want any severe or long-term action to be taken against the defendant.

“He’s just a young guy. We don’t want to see his life ruined,” the relative said.

Jonathan Grey’s mother Cath Davies told UK-based newspaper the Halifax Courier in March 2012 that the prospect of Petre facing the death penalty was “shocking. It’s absolutely horrendous.”

Previous hearings

In previous hearings, the prosecution claimed that the charge of ‘disobedience to order’ Petre stands accused of resulted from his decision to carry people on a vehicle which was not intended for passengers.

The prosecution contended that his criminal action began from the moment he allowed the couple to ride with him on the vehicle.

Presiding Judge Abdul Baary Yousuf declared in court during earlier hearings that Petre’s lawyer had himself confessed during the trial that his client had driven the quad bike carrying Emma and Jonathan Gray as it crashed on the tourist property.

As a result of this confession, the judge said the state did not have to produce any evidence to prove Petre was the driver of the vehicle during the collision.

Representing the prosecution, State Attorney Aishath Fazna also contended that because Petre had “confessed” to driving the quad bike, she did not believe the state had to produce evidence to support this assumption.

However, Petre’s lawyer Areef Ahmed responded at the time that his client had not directly confessed to driving the quad bike and argued that his client continued to deny the charges against him.

Areef additionally claimed that the judge could not declare a verdict regarding the alleged confession said to have been during the previous hearing.

Areef contended that his confession could be withdrawn before the case reached to a conclusion, but the state attorney argued that after confessing in the trial, there was no way it can be withdrawn.

Petre’s lawyer has also contended that his client could not be charged under Islamic Sharia because his client is non-Muslim.

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Keeping Nasheed Alive: Eurasia Review

India has a moral obligation to see that former President Mohammad Nasheed, who was arrested by Maldivian Commandos on March 5, 2013, in alleged response to a court order to face trial in a case pending against him, remains alive,” writes B. Raman for the Eurasia Review.

“Even though he might have been arrested ostensibly in pursuance of a court order, his arrest is a breach of faith on the part of the Waheed Government. He left the Indian High Commission, where he had taken sanctuary, in response to assurances regarding his safety and security.

India, which played a role in the negotiations that led to his leaving his safe sanctuary in the High Commission, is a guarantor of the assurances given by the Waheed Government regarding his safety and security.

India should immediately make it clear to former President Abdul Gayoom, who has allegedly been playing an active behind-the-scene role in advising the Government of Waheed, that it will hold him and Waheed personally and morally responsible for the safety and security of Nasheed and that should anything untoward happen to him while in custody India would act in the appropriate manner to ensure that solemn assurances given to India by the Government are not violated with impunity.

Read More.

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MPs raise concern over “spy devices, toxic gas, poison” in parliament

Maldivian Democratic Party (MDP) MP Abdulla Jabir has claimed that security forces have planted ‘spy devices’ throughout parliament, local media reported.

During today’s parliament session, Jabir claimed that ‘information’ had been received regarding the bugging and that security forces were not listening in to the conversations of MPs, a report in local media stated.

In response to Jabir’s allegations, Parliament Speaker Abdulla Shahid said that the matter is to be taken up as a “matter of serious concern”.

Local media reported that immediately after Jabir’s claim, Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed then claimed that he had information that meals provided in parliament were laced with drugs.

“Various effects were felt even yesterday after consuming some of the food,” Rasheed was quoted as saying in local newspaper Haveeru.

A further claim was then made by Milandhoo constituency MP Ali Riyaz, who said that he had received more information that toxic gas would be put into the air-conditioning in parliament to poison the members.

Shahid assured the MPs that the allegations would be thoroughly investigated.

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Rubbish fire smoke engulfs school, 50 students forced to seek medical attention

Children from Imaduddin School in Male’ were given emergency treatment today after they reported dizziness and nausea caused by smoke rising from a nearby rubbish dump.

Local media reported that smoke began to rise around 10:30am today (March 6), causing 50 students to seek medical care. A teacher was also taken to hospital after her health suddenly deteriorated.

Imaduddin School Principal Ibrahim Asif Rasheed told local media that the school has to cancel certain lessons when the wind is strong and facing in a certain direction.

According to the principal, the school was engulfed by smoke in the morning and that parents had been requested to collect their children who were suffering from the smoke.

After contacting the meteorological centre to clarify weather conditions for the next few days, Rasheed told local media that lessons will commence tomorrow.

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Oil transport vehicle set on fire

An oil transport vehicle was set on fire at 2:30am this morning while parked inside the Hakatha Petrol Shed near the Henveyru swimming track.

Local media reported that there had been no reported injuries during the incident, which was attended by police and military personnel who extinguished the fire.

Police told local media that a man was arrested for obstructing police duty whilst attending the fire.

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