Maldives government denies US$160 million arbitration talks with Axis Bank

The Attorney General (AG’s) Office has denied receiving any notice of arbitration from Axis Bank, one of the lenders backing a US$511 million airport development project voided by the government late last year.

In November 2012, President Dr Mohamed Waheed’s government declared void a concession agreement signed by the previous government with Indian firm GMR, to manage and build a new terminal at Ibrahim Nasir International Airport (INIA), and ordered the company to leave the country within seven days.

Following the decision – later cleared by Singapore’s Supreme Court – project lender Axis Bank announced its intention to seek a repayment of loans taken out for the project, which were guaranteed by the Ministry of Finance and approved by the AG’s Office under the former government.

“Arbitration process”

The India-based Financial Express publication reported yesterday (April 5) that Axis Bank had initiated an arbitration process with the Maldives government as part of efforts to recover loans granted to GMR with an estimated value of US$160 million (MVR 2.4 billion).

Ahmed Usham, Deputy Solicitor General for the AG’s Office, told Minivan News today that although some discussions had been held with Axis Bank, there had been no notice of arbitration given to the state by the finance group over the loan issue.

“We have requested some documents from [the bank] and we are set to meet with them after receiving these,” he said.  “There has been no talk of arbitration.”

Usham added that the documents requested from Axis Bank by the AG’s Office pertained to loans taken from GMR as part of the INIA development.

Acting Minister of Finance Ahmed Mohamed said he too was not aware of any arbitration hearings concerning Axis Bank, or even if talks had been held on the matter.

“All I am aware of is that there was a teleconference held Thursday (April 4),” he stated.

GMR arbitration

The government meanwhile is set to participate Wednesday (April 10) in the preliminary hearing of a separate arbitration case with GMR over the decision to void its airport concession agreement .

Authorities have previously told local media that the meeting, scheduled to take place in London, was not an official arbitration hearing, but rather a means to outline the timeline for both parties to present their case. Once the process for the arbitration is agreed, official hearings are expected to begin in Singapore.

According to the Attorney General’s office, the Maldives will be represented by Singapore National University Professor M Sonaraja, while former Chief Justice of the UK, Lord Nicholas Addison Phillips, will represent GMR.

The arbitrator mutually agreed by both GMR and the government is retired senior UK Judge, Lord Leonard Hubert Hoffman.

Concession agreement

In 2010, GMR-Malaysia Airports Holdings Berhad (MAHB) consortium, the government of former President Mohamed Nasheed and Maldives Airport Company Limited (MACL) entered into a 25-year concession agreement worth US$511 million (MVR 7.787 billion) – in which the GMR-MAHB Consortium was contracted with the management and upgrading of Ibrahim Nasir International Airport (INIA) within the 25 year contract period.

However in November 2012, the government of President Dr Mohamed Waheed Hassan Manik declared the developer’s concession agreement void and ordered it to leave the country within seven days.

A last minute injunction from the Singapore High Court during arbitration proceedings was overturned on December 6, after Singapore’s Chief Justice Sundaresh Menon declared that “the Maldives government has the power to do what it wants, including expropriating the airport.”

GMR is seeking US$800 million in compensation for the sudden termination, while the Maldivian government is contending that it owes nothing as the contract was ‘void ab initio’, or invalid from the outset.

If decided in GMR’s favour, the outcome of the case could potentially see the Maldives facing sovereign bankruptcy, with millions of dollars in additional debt emptying the state’s already dwindling reserves, crippling the country’s ability to obtain further credit, and potentially sparking an economic or currency crisis.

If decided in the Maldives’ favour the case risks setting a legal precedent for effective nationalisation of foreign investments signed under previous governments, and placing existing investors further at the mercy of the country’s turbulent politics.

Kuwaiti interest

Discussing the future of INIA on Thursday, President Waheed was reported in local media as stating that authorities in Kuwait had expressed an interest to “assist in the development” of INIA, following a recent official visit to the country.

“Kuwait is really interested in the airport. It’s because we have received a great deal of assistance from the Kuwait Fund to develop the airport so far. They are well aware of it,” he was quoted in newspaper Haveeru as saying.

“They really believe that we have managed to develop the airport with the assistance of Kuwait. So there is a lot of interest. They are very happy that the government has now taken the initiative to develop the airport.”

President’s Office Media Secretary Masood Imad said he was in a meeting and unavailable for comment when contacted by Minivan News.

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Fair trial for Nasheed “difficult to see” when judicial bench “cherrypicked to convict”: BHRC trial observers

Read the BHRC’s second independent trial observation

The UK’s Bar Human Rights Committee (BHRC) has expressed “serious concern” over the appointment of judges by the Judicial Services Commission (JSC) in the trial of former President Mohamed Nasheed.

Accounts of the appointment process, “if accurate, suggest egregious unconstitutional behaviour by the JSC in selecting the judicial bench to hear Mr Nasheed’s case,” stated BHRC Executive Committee member Blinne Ní Ghrálaigh, who visited the Maldives to observe recent proceedings against Nasheed.

The committee has conducted several independent trial observations of proceedings involving the former President, who is charged over the detention of Chief Judge of the Criminal Court, Abdulla Mohamed, during the final days of his presidency.

Nasheed and his Maldivian Democratic Party (MDP) maintain that the charges are a politically motivated attempt to prevent him contesting the 2013 presidential elections, challenging both the legitimacy of the Hulhumale’ Magistrate Court hearing the case, and the JSC’s appointment of judges to the case. The JSC itself includes several of Nasheed’s direct political opponents, including rival presidential candidate, resort tycoon Gasim Ibrahim.

The Nasheed trial was meanwhile suspended by Chief Judge of the High Court last week pending a ruling into the legitimacy of the bench’s appointment – an action which led all other High Court judges to file a complaint against the Chief Judge with the JSC.

“It is difficult to see how proceedings presided over by a judicial bench, cherrypicked for their likelihood to convict by a highly politicised JSC, which includes a number of Mr Nasheed’s direct political rivals, could in any way be deemed to comply with constitutional and international fair trial rights, including the right to an ‘independent court established by law’,” stated Ghrálaigh, in her concluding remarks.

“The BHRC welcomes the current investigation by Parliament’s Independent Commission’s Oversight Committee into the judicial selection process in the case, but notes with concern the refusal by the JSC to cooperate with that investigation,” she added.

“Lack of transparency in the constitution of judicial benches and in the assignment of cases fundamentally undermines the proper administration of justice: fair trial guarantees and the requirements of natural justice demand not only that justice be done, but that it be seen to be done,” her report states.

The report provides a detailed overview of state of the judiciary and political context in the lead up to Nasheed’s resignation and prosecution.

Ghrálaigh states that given concerns about the JSC’s politicisation and “serious questions” concerning its appointment of judges to the Hulhumale’ Magistrate Court, “it is perhaps surprising that the court should have decided of its own motion (“ex proprio motu”) to deny the request made by Mr Nasheed’s legal team to postpone the proceedings until after the elections, in the absence of any objection by the prosecuting authorities to such an adjournment.”

“Although there is nothing to prohibit courts from making decisions governing their process ex proprio motu, the allegations concerning the manner of selection of the Hulhumalé Magistrates’ Court panel render the Court’s stated reasoning for its decision all the more disquieting,” she stated.

The BHRC was not seeking to downplay the seriousness of the charges against Nasheed, she noted.

“However, what is clear is that the case is far from straightforward. Central both to the context of Judge Abdulla’s arrest and to the nature of the criminal proceedings against the former president are fundamental questions of judicial independence in the Maldives.”

“The charge against Mr Nasheed is that he acted “in a manner contrary to law” in ordering the arrest and detention of a senior judge. Although the details of the prosecution case have yet to be set out, it is clear that the Article 81 offence with which Mr Nasheed is charged is not a trivial one,” the report states.

“The BHRC notes with concern the increasing number of reports and statements by international bodies, including those referenced in this report, which conclude that the Maldives does not have an independent and impartial judiciary,” the report states.

“The BHRC further notes the view inside and outside the Maldives that the failure by the institutions of the State, in particular the JSC, properly to implement constitutionally mandated reforms to create an impartial judiciary, independent from political pressures, and the failure properly to investigate and/or sanction allegations of egregious, unlawful and/or unconstitutional judicial conduct, have served significantly to derail the State’s transition to a functioning constitutional democracy,”

Given extensive local and international concern over the state of the Maldivian judiciary, Ghrálaigh observes that the context for the criminalisation of Nasheed’s detention of Judge Abdulla, hangs on whether the Chief Judge is, as stipulated by Article 81 under which Nasheed is being charge, “an innocent person”.

“It is against that background, and in the context of a number of serious complaints against Judge Abdulla, that the order for his arrest was made. That background is intrinsically bound up in the nature of the charge against Mr Nasheed: the wording of Article 81, which criminalises a public servant for “us[ing] the authority of his office to intentionally arrest or detain an[…] innocent person contrary to the law” suggests that the context to the arrest, and in particular the allegations against Judge Abdulla, will necessarily be central to the determination of the charges against the former President,” the BHRC report states.

Ghrálaigh notes that the JSC was “also subject to significant criticism for its failure properly to oversee individual complaints against individual judges. One judge against whom a number of serious complaints were levied was Judge Abdulla, accused inter alia of “implicat[ion] in 14 cases of obstruction of policy duty”, including “strategically delaying cases involving opposition [Gayoom loyalist] members”, “twist[ing] and interpret[ing] laws so they could not be enforced against certain politicians”, “accepting bribes to release convicts”13 and “hijack[ing] the whole court”.

“I was informed that a JSC complaints committee charged in December 2009 with investigating Judge Abdulla, failed to issue any findings, following an injunction sought by, and granted to the judge by the Civil Court, preventing his further investigation by the JSC and/or the publication of any report concerning his conduct,” Ghrálaigh noted.

The JSC, responsible for reappointing judges including Judge Abdulla in 2010 at the conclusion of the constitutional interim period, “failed properly ‘to fulfill its constitutional mandate of proper vetting and reappointing of judicial candidates’, a failure regarding which international bodies, including the International Commission of Jurists, have expressed concern,” she added.

“Rather, in August 2010, amidst much controversy, it proceeded to confirm almost every Gayoom-regime judge, qualified or not, in office for life, finding that the constitutional provisions regarding judicial appointment were merely “symbolic”.

“Consequently, the Maldivian judiciary remains largely unchanged since the country’s transition to a constitutional democracy: the vast majority of judges in office, including Judge Abdulla, are political appointees of former President Gayoom, and many still lack any formal training in law.”

Furthermore, “The blocking in the People’s Majlis of key pieces of legislation including the Penal Code and the Criminal Evidence Act, that would provide for equality and uniformity in the application of a codified body of law, means that mainly untrained judges continue to wield considerable discretion in their determination of cases.”

Read the BHRC’s second independent trial observation

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Maldives’ satellite bid, Chinese involvement leads to India’s alleged security concerns

The Indian government is intervening at the “highest levels” to “push” the Indian Space Research Organisation (IRSO) to submit a proposal for the joint manufacturing, launch and operations of a Maldives’ communications satellite as a means to improve bilateral relations, claims the Hindustan Times.

The IRSO did not initially submit a proposal, considering the project “not viable” given China’s interest and presence in the Indian Ocean Region. They later requested the Indian Ministry of External Affairs to partly subsidise the project, according to Indian media.

The High Commission of India (HCI) in the Maldives is unsure whether the report’s claims are accurate.

“The HCI knows of the [Communications Authority of Maldives (CAM)] request for proposals and discussions with the Maldivian government did occur,” HCI official Shri P S Karthigeyan told Minivan News today.

“However, beyond that the current status of the project is not known,” he added.

Karthigeyan confirmed that Maldivian Defence Minister Colonel (Retired) Mohamed Nazim is traveling to India April 15 to 18, was its unaware if his agenda includes discussions regarding the satellite project.

“The topic is on the bilateral agenda and will be taken up with Nazim. Not only Chinese companies but others too are interested in the Maldivian project,” media quoted an anonymous Indian Ministry of External Affairs official as saying.

Indian security agencies are concerned about increased Chinese participation in neighboring countries’ communication satellite projects, according to various Indian media outlets.

The Indian government plans to discourage giving orbital slots to China through a “mix of investments and diplomatic negotiations”.

India’s Antrix Corporation could bid for this project to scuttle any possible venture with the Chinese, reported the Hindu Business Line.

“ISRO may consider sending a delegation to Maldives to explore the possibility of cooperation in space technology. Maldives could be sensitised to India’s security concerns with regard to the presence of third countries in areas close to its borders,” an Indian government official was quoted as saying.

A meeting was held in late March with Indian intelligence agencies, ministries, and the department of space to discuss China’s growing influence in South Asia, according to Indian media.

“Analysts suspect a Chinese hand behind recent setbacks India has suffered in the region, such as the scrapping of GMR’s airport deal in Maldives and Sri Lanka raising duties on Indian auto imports. China’s economic rise is gradually eroding India’s ability to wield influence in its immediate neighbourhood,” claimed the Economic Times.

The CAM Chief Executive Officer Ilyas Ahmed has denied receiving an official proposal from India, however a proposal from the Indian government “must be considered,” according to local media.

“We are looking to complete the process during this month. The selecting of a company had been delayed due to the processing,” Ahmed stated.

Companies from China, UK, Netherlands, Cyprus, Luxembourg and Thailand had “expressed interest” prior to the proposal submission deadline, claims local media.

The CAM extended the proposal deadline from January 31, 2013 to February 28, 2013 after interested parties expressed difficulties because the previous time period for submission was too short.

Nazim’s dealings with China

The initial CAM project announcement was made while Nazim was on an official five-day visit to China, where he signed a military aid agreement with Chinese National Defence Minister General Liang Guanglie.

Nazim met with two Chinese companies interested in launching and operating a satellite designated for the Maldives during a December 2012 visit to China, former Minister of Communication Dr Ahmed Shamheed previously claimed.

According to Shamheed, Defence Minister Mohamed Nazim has already been approached by various Chinese companies who have expressed interest in the satellite venture.

“At first, I had been involved in casual meetings with these companies, but now it seems to getting more serious. Nazim had even questioned as to why we have not yet signed an agreement with them,” Shamheed alleged.

Shamheed previously told Minivan News that the Maldives government was potentially entitled to an “orbital slot” for a satellite from the International Telecommunication Union (ITU). However, because the Maldives’ currently lacks the capabilities to launch and operate a satellite, the state would have to lease out the slot to an external party.

Defence Minister Mohamed Nazim, the Communications Authority of Maldives, and the Indian Space Research Organisation had not responded to calls from Minivan News at time of press.

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Dhivehi Qaumee Party (DQP) to join coalition with President Waheed’s Gaumee Ithihaad Party (GIP)

The Dhivehi Qaumee Party (DQP) will join the coalition with President Mohamed Waheed Hassan Manik’s Gaumee Ithihaad Party (GIP).

DQP decided on the coalition during a council meeting held April 3 that included Waheed’s Special Advisor, DQP President Dr Hassan Saeed and DQP Vice President and Home Minister Dr Mohamed Jameel Ahmed, reports local media.

The DQP committee will also “make arrangements” to strengthen the coalition with the QIP.

This follows GIP’s announcement last Thursday (March 28) it plans to form a coalition with the religiously conservative Adhaalath Party (AP).

Neither AP or GIP presently have any elected members in parliament.

Previously Jameel took part in Progressive Party of the Maldives (PPM) Presidential candidate Abdulla Yameen’s campaign.

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Maldives Tourism Development Corporation (MTDC) Chairman resigns from post

Maldives Tourism Development Corporation (MTDC) Chairman Faseeh Zahir, who was appointed to the post in 2012, tendered his resignation last week without indicating a reason, reports local media.

Zahir’s resignation follows a disagreement between MTCD and Club Faru management – a resort recently taken over by government-owned MTDC – that led to a “series of complications” after the Tourism Ministry “interfered,” claims an MTDC official.

Zahir’s predecessor, former MTDC Chairman Mohamed Rasheed, resigned from the post in June 2012, a month after his appointment.

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Rising extremism could threaten Maldives’ tourism industry: report

Religious conservatism and extremist violence have been increasing in the Maldives over the past decade, while incidents of Maldivians joining overseas jihadist groups are becoming more common, according to a report published in the Combating Terrorism Center (CTC) Sentinel, a publication based out of the West Point military academy in the US.

The article entitled The Threat from Rising Extremism in the Maldives, observes that growing religious extremism and political uncertainty could result in more violence and negatively affect the nation’s tourism industry, which would be “devastating” to the Maldives.

“This has coincided with a number of violent attacks on liberal activists and other citizens who have expressed outspoken support for moderate religious practices,” the report notes.

If current trends continue “extremist incidents may rise, with violence targeted against the country’s more liberal citizens,” it states.

According to the report, five key factors have contributed to the growing extremism and violence:

  • the encouragement of  “more hard line Islamist elements in the country” during the 30 year autocratic rule of former President Maumoon Abdul Gayoom;
  • political uncertainty;
  • an increasing number of people seeking education in foreign madrasas;
  • grassroots radicalisation through civil society and political parties;
  • escalating extremist incidents of violence and involvement with jihadist groups.

“The country has already suffered one terrorist attack targeting foreign tourists, and a number of Maldivians have traveled to Pakistan’s tribal areas to receive jihadist training. Moreover, evidence exists that jihadists tried to form a terrorist group in the country in 2007-2008,” the report states.

The study recommends that Maldivian political and religious developments be followed closely.

Encouraging of hard line Islamic elements

Islam was introduced to the Maldives in the 12th century and subsequent religious practices have been the “moderate, more liberal form of the religion”.

“Yet, during Gayoom’s three decade autocratic rule, the Egyptian-trained religious scholar enacted a number of measures that, at least inadvertently, encouraged more hard line Islamist elements in the country,” the report concluded.

“From imposing a ban on Christian missionary radio to apprehending migrant service providers for allegedly preaching and practicing their own religion, Gayoom’s regime initiated an era of state-backed religious intolerance and radicalisation in the Maldives.”

The Protection of Religious Unity Act, passed in 1994, mandated that no other religion but Islam could be practiced.

In 1996, Gayoom constituted the Supreme Council for Islamic Affairs, renamed the Ministry of Islamic Affairs in 2008, to preside over religious affairs in the Maldives.

“This body of clerics pressured the government to carry out moral and cultural policing of alleged “anti-Islamic activities”,” the report states.

For example, in 2008 the Ministry requested police “ban nightclubs and discotheques for New Year’s Eve celebrations because they were contrary to Islam”.

“By the end of Gayoom’s time in office in 2008, the dress code for women had grown increasingly conservative, and more and more men grew out their beards,” the report states.

Women now dress more conservatively with fewer brightly colored clothes. Instead they “increasingly wear black robes and headscarves and on more conservative islands such as Himandhoo, women wear black abayas and face veils,” it added.

Political uncertainty

The democratic transition “gave a greater voice to religious conservatives and those calling for the rigid implementation of Shari`a (Islamic law) in the Maldives,” states the report. “This became especially evident following the implementation of political reforms and the transition to multi-party democracy in 2008.”

The first democratic presidential elections in the Maldives were held in 2008, with Mohamed Nasheed defeating Gayoom in the second round with 54 percent of the votes.

However, the Nasheed administration was accused of defiling Islam by “promoting Western ideals and culture and restricted the spread of more austere Islamic practices,” the article notes.

This resulted in the December 2011 “Defend Islam” protests led by opposition political parties, religious groups, civil society organisations and thousands of supporters in the country’s capital, Male’.

These protests “unleashed a chain of events that culminated in a bloodless coup on February 7, 2012 that toppled the Maldives’ first democratically-elected government,” declared the study.

Appeal of education in foreign madrasas

Education in foreign madrasas has also contributed to growing extremism within the Maldives, with students “unwittingly attending more radical madrasas” and preaching these views upon their return.

“The offer of free education in madrasas in Pakistan and Saudi Arabia is widely acknowledged as a core means of radicalising Maldivians locally, with well-meaning parents sending their children off on scholarships to ‘study Islam’,” the report states.

Following the 2007 terrorist attack in Male’s Sultan Park, “Gayoom himself warned of this problem”.

“Maldivians are influenced by what is happening in the world. They go to Pakistan, study in madrasas and come back with extreme religious ideas,” the report quoted Gayoom as saying.

Grassroots radicalisation

“The contemporary Maldivian political environment favors radical and political Islam taking root in Maldivian society, especially when political parties and civil society increasingly take refuge in religion,” the report states, citing Maldivian academic Dr Azra Naseem.

In 2010, new regulations prohibited “talking about religions other than Islam in Maldives, and propagating such religions through the use of any kind of medium.” The Ministry of Islamic Affairs published this legislation under the Protection of Religious Unity Act of 1994.

However, the report found that the “major force behind more austere religious practices in the Maldives is the Adhaalath (Justice) Party (AP), which has controlled the Ministry of Islamic Affairs, with Sheikh Shaheem Ali Saeed as its current minister”.

Given that the AP supports strict implementation of Shari’a Law, the party has “outspokenly argued that music and singing are haram (forbidden) and called for an end to the sale of alcohol at the country’s hundreds of luxury resorts,” said the report.

In February 2013, Saeed warned that “various Christian organisations and missionaries are strongly involved and active in our society because they want to ‘wipe out’ Islam from the Maldives”. He subsequently started a campaign against Christians and “Freemasons”, the report stated.

Two non-government organisations (NGOs), Jamiyyathu Salaf (JS) and the Islamic Foundation of Maldives (IFM), are considered religiously conservative Salafists who “work with the country’s political parties to further the cause of Islamism in the Maldives,” the report stated.

Extremist incidents

Extremists have directly targeted Maldivian liberal intellectuals, writers and activists, the study notes.

“On January 3, 2011, assailants attempted to kill Aishath Velezinee, an activist fighting for the independence of the country’s justice system, by stabbing her in the back in broad daylight,” said the report.

Velezinee is a whistleblower that in 2010 identified members of the Judicial Service Commission (JSC) who were “conspiring with key political figures to hijack the judiciary and bring down the country’s first democratically-elected government,” the report added.

The study found that the Ministry of Islamic Affairs was “at least indirectly encouraged extremism” by initiating “crackdowns” on media outlets for anti-Islamic content.

The blog of prominent free speech and religious freedom campaigner, Khilath ‘Hilath’ Rasheed, was blocked in 2011. A month afterward, Rasheed’s skull was fractured when 10 men attacked him with stones during a peaceful rally he organised in Male’.

Rasheed was arrested a few days after the incident and jailed for 24 days for participating in the rally.

In June 2012, Rasheed was nearly killed “after extremists cut his throat open with a box cutter”.

“After the attempt on his life, Rasheed named three political leaders—Islamic Affairs Minister Mohamed Shaheem Ali Saeed, Adhaalath Party President Imran Abdulla and Jumhooree Party lawmaker Ibrahim Muttalib Shaheem – as being indirectly responsible for the attempt on his life,” the report states.

Later in 2012, the moderate religious scholar and lawmaker, Afrasheem Ali, was stabbed to death at his home in Male’. He was considered an Islamic moderate who was “outspoken in his controversial positions,” reads the report.

In February 2013, “a reporter for the Maldivian Democratic Party (MDP)-aligned Raajje TV station, Ibrahim ‘Aswad’ Waheed, was beaten unconscious with an iron bar while riding on a motorcycle near the artificial beach area of Male’,” the study added.

Previously, during the 2011 South Asian Association for Regional Cooperation (SAARC), protesters “intolerant toward other religious and cultural symbols” damaged monuments gifted to the Maldives by Pakistan, Bhutan, Sri Lanka.

Islamic radicals on February 7 2012 also vandalised archaeological artifacts in the National Museum that were mostly ancient Hindu and Buddhist relics, destroying 99 percent of the evidence of Maldivian pre-Islamic history.

Jihadists

“In April 2006, a Maldivian national, Ali Jaleel, and a small group of jihadists from the Maldives attempted to travel to Pakistan to train for violent jihad in Afghanistan or Iraq,” the report reads.

While his first attempt was unsuccessful, Jaleel did eventually travel to Pakistan and “launched a suicide attack at the Inter Services Intelligence (ISI) headquarters in Lahore in May 2009.”

In September 2007, Islamic extremists committed a terrorist attack in the Maldives aimed at the tourism industry.

A bomb exploded in Male’s Sultan Park and wounded 12 foreigners. The three men arrested and later jailed for the bombing confessed that their goal was to “target, attack and injure non-Muslims to fulfill jihad,” states the report.

A month following the bombing, the investigation led to Darul-Khair mosque on Himandhoo Island. However, “some 90 masked and helmeted members of the mosque confronted police, wielding wooden planks and refusing to let the police enter,” said the report.

Although the Maldivian army eventually established control, “The stand-off resulted in a number of injuries, and one police officer had his fingers cut off.” In November, a video of the mosque confrontation was posted on the al-Qa’ida-linked alEkhlaas web forum by a group called Ansar al-Mujahidin with the message “your brothers in the Maldives are calling you,” the report states.

Evidence suggests that three Maldivian jihadists planned to establish a terrorist group in the country around 2007-2008 and send members for military training in Pakistan.

“At least one of these individuals did in fact travel to Pakistan, as Yoosuf Izadhy was arrested in Pakistan’s South Waziristan Agency in March 2009, along with eight other Maldivians,” states the report.

In 2009, then-President Nasheed warned that “Maldivian people are being recruited by Taliban and they are fighting in Pakistan,” quotes the report.

“Despite its reputation as an idyllic paradise popular among Western tourists, political and religious developments in the Maldives should be monitored closely,” the report concludes.

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Suspension of trial raises hopes for credible presidential polls: Times of India

The halt on ex-Maldivian president Mohamed Nasheed’s controversial trial has raised hopes of more credible presidential polls in the country, where electioneering has picked up pace with the nomination of candidates for the elections including through primaries, writes Sameer Arshad for the Times of India.

The Maldivian High Court halted the case on April 1 days after the European Union said the polls would not be credible without Nasheed, whose supporters describe the trial for ordering a judge’s detention during his tenure as motivated to prevent him from contesting. The UN echoed countries like India and the US as it urged all sides to work for ensuring “fair, peaceful and inclusive elections’’ last month.

Yet Nasheed’s participation is not completely guaranteed. His supporters fear the Supreme Court may overrule the order suspending the trial till the legality of the judges hearing his case in a lower court is decided. They point out rampant political control over Maldivian judiciary to underline their fears and warn of a violent backlash if they come true.

Nasheed’s supporters were somewhat vindicated as UN Special Rapporteur Gabriela Knaul called for constitutional reforms to ensure judicial independence in the Indian Ocean archipelago, while saying judges and lawyers “were not sufficiently independent from external pressures and interferences” in February.

Even Nasheed appears to be unsure of his participation, saying it does not suit the interests of the current dispensation, which stands little chance in retaining its hold following the elections in his presence. He too has warned of violence in case he is prevented from participating in the polls.

Read more

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President “unaware of any illegal activities” as Artur brothers investigation continues

President Dr Mohamed Waheed has told local media he was not aware of any danger posed by the presence in the Maldives of two Armenian nationals identified as the Artur brothers, as police continue to investigate the duo’s operations locally.

Controversy has surrounded the presence of Margaryan and Sargayan Artur in the Maldives, primarily based around concerns over their alleged links to criminal activities in Kenya.

On Tuesday (April 2), parliament passed an extraordinary motion concerning the presence of the two foreign nationals in the Maldives, expressing concern that an alleged connection between certain cabinet ministers and the two men posed a “direct threat to national security”.

The President’s Office has maintained there is little information about the nature of the two foreign nationals’ business interests in the Maldives, claiming that the uncertainty about them extended to the exact pronunciation of the Artur name.

Asked about the controversy today, President Waheed told reporters he received no intelligence so far linking the Artur brothers to any criminal activity in the country, adding that much of his knowledge on them was based on local media reports.

“I know that they are in Maldives. I’m also looking into it,” he was quoted he told local media after returning to Male’ from an official visit to Kuwait.

“I didn’t know that they were engaged in any illegal activities,” President Waheed stated, after admitting the government were told by authorities of the brother’s presence in the country earlier this year.

Investigations

President’s Office Spokesperson Masood Imad said that while police were currently in the process of investigating the activities of the Artur brothers in the Maldives, there was no information linking the two foreign nationals to any criminal operations in the country.

Police spokesperson Hassan Haneef told Minivan News that police investigations were continuing to determine if the two foreign nationals had been conducting any illegal activities in the country.  He added that no details into a “critical” ongoing case could be given at present.

However, a BMW car belonging to a company called ‘Artur Brother World Connection’ and registered for use in the Gaafu Dhaalu area was reportedly seized by authorities in Male’ today.

Haneef previously confirmed that police were aware of the Artur brothers presence in the Maldives back in January. He said authorities had contacted “relevant government authorities” at the time to inform them of the Artur brothers’ alleged links to drug trafficking, money laundering, raids on media outlets, dealings with senior government officials and other serious crimes in Kenya.

Minivan News understands that relevant authorities, including the Maldives National Defense Force (MNDF), Ministry of Home Affairs, and the President’s Office were officially informed in January of the presence of the Artur brothers, even as Tourism Minister Ahmed Adheeb signed a letter seeking residency permits for the pair.

Import business

Local media reported that a company registered locally as the “Artur Brothers World Connection” has secured an import license and brought goods into the country after the tourism ministry had granted both men a foreign investment permit.

“We have learned that they had imported some goods under that license. We haven’t been able to determine what those items are. It is not something the Ministry keeps track of. We have to find that out from the customs,” Finance Minister Ahmed Mohamed told Haveeru.

Immigration Controller Mohamed Ali has previously told local media that Artur Sargasyan left the Maldives on Sunday (March 31). Sargasyan first entered the Maldives on a tourist visa in August 2012 and returned again in October, Dr Ali said.

Meanwhile, photos of the Arturs in the company of Tourism Minister Ahmed Adheeb and Defense Minister Mohamed Nazim emerged on social media last weekend, apparently taken during the Piston Motor Racing Challenge held on Hulhumale’ between January 25 and 26.

One photo showed Artur Sargsyan next to Adheeb and Nazim, while another has him apparently starting one of the motorcycle races at the event, which was organised by the Maldivian National Defence Force (MNDF).

Another image showed Sargsyan at the red carpet opening for the Olympus Cinema.

Denials

Defense Minister Nazim and Tourism Minister Adheeb have denied any involvement with the pair.

Speaking to Minivan News this week, Adheeb reiterated that he had no personal links with the Artur brothers, whom he said had now left the country on his recommendation.

According to Adheeb, the Artur brothers had previously invested in the country through a registered joint venture company with members of the opposition Maldivian Democratic Party (MDP).

Adheeb said he “advised them to leave peacefully and they agreed to sort out their visa and leave. They have now left.”

Parliamentary motion

Submitting a motion to parliament on Tuesday about the Artur’s presence in the Maldives, opposition Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy raised concerns about their alleged connections with ministers Nazim and Adheeb.

“The Artur brothers are a direct threat to national security since they are – true to their old style and from the experiences of other countries – directly linked to the top government officials including Mr Mohamed Nazim who is both the Defense Minister and the acting Transport Minister, as well as Mr Ahmed Adheeb who is the Tourism Minister,” Fahmy told Minivan News.

Fahmy said the Artur brothers were believed to have carried out “all sorts of serious illegal activities internationally” and that the Maldives “is incapable of handling these notorious conmen from Armenia. They are capable of taking local criminal gangs to different heights.”

Fahmy explained that immigration laws do not permit entry into the Maldives if the visitor is “even suspected” of being involved in human smuggling or trafficking; may be [considered] a national threat, or otherwise may commit crimes against the state.”

“Given all these facts – and that the Artur brothers are  world-infamous for carrying out criminal activities of this sort – they were allowed into the country and seen publicly with top government officials,” Fahmy added, alleging that the pair have three meetings with Adheeb and Nazim on Hulhumale’ and on Club Faru.

The extraordinary motion passed with 27 votes in favour to 10 against.

Meanwhile, Kenyan media has this week media reported that the brothers’ practice of publicly ingratiating themselves with senior government officials appeared not to have changed.

“The Arturs’ mode of operation where they show up in the company of top and well-connected government leaders appears to have been replicated in the Maldives. Their presence in the Maldives comes days after ousted leader Mohammed Nasheed expressed fear over his life,” reported Kenya’s Daily Nation publication.

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Attorney General told CSC and President’s Office Fahmy’s position cannot be reinstated

Attorney General Azima Shukoor has told local media that she had previously informed the President’s Office and Civil Service Commission (CSC) that the commission’s president Fahmy Hassan should not be reinstated.

Fahmy was dismissed from the CSC by the Parliament, after a case was filed against him alleging that he had sexually abused a female staff working at the commission.

Parliament’s Independent Commission decided that there was enough evidence to believe that Fahmy was guilty of the allegations against him.

Azima Shukoor told local media that she had told the CSC and President’s Office that the Supreme Court’s ruling does not state that Fahmy’s position should be reinstated.

However the CSC has said that Fahmy returned to work after he received a letter from the President’s Office.

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