Day: May 4, 2013

Civil Court dismisses case to invalidate outcome of PPM primary

The Civil Court has dismissed a case seeking to invalidate the outcome of the Progressive Party of Maldives (PPM) primary vote in March, that saw MP Abdulla Yameen selected as its presidential candidate for September’s elections.

A Civil Court spokesperson confirmed to Minivan News that during Thursday’s hearing the presiding judge rejected the case, which was filed last month by a PPM member.

The member who filed the case alleged that thousands of voters were not officially registered with the PPM at the time they cast votes on their preferred party candidate. Further details on the case were not available to the court official at time of press.

Sun Online reported that the case was rejected on the grounds that the PPM member, Rahma Moosa, was not one of the candidates and therefore could not claim infringement of her rights.

Umar Naseer told the online publication that he would file the case in his own name on Sunday (May 5).

Confirmation of the trial’s rejection was announced as local media reported that a rally scheduled to be held Friday (May 3) to announce MP Yameen’s running mate for the presidential elections had been postponed as a result of adverse weather.

MP Yameen, half brother of PPM founder and former Maldives President Maumoon Abdul Gayoom, was not responding to calls at time of press. PPM MP Ahmed Nihan meanwhile had his phone switched off when contacted this afternoon.

Divisions

Divisions between PPM supporters appeared following March’s primary, when Umar Naseer – the only candidate to stand against Yameen during the contest – accused his opponent had controlled all of the party’s organs, including the council and election committee, and had “rigged” the vote in his favour by ballot stuffing, falsifying the count.

The allegations have been rejected by Yameen and the wider PPM, while Naseer found himself dismissed from the party late last month after he refused to respond – either verbally or in writing – during a seven day period provided by the PPM’s disciplinary hearing to retract the allegations.

Amidst the formation of divisions in the party at the time, PPM member Rahma Moosa lodged a case on April 18 at the Civil Court challenging the results of the party’s presidential primary.

Moosa reportedly filed the case claiming that 8,915 people who were not officially registered as members of PPM had been allowed to vote in the primary.

She contended that the move contravened the Political Party Act and compromised the rights of all general members of the party.

Coalition talks

The PPM, as the country’s second largest party in terms of parliamentary representation, last month said it would not rule out forming a coalition with President Dr Mohamed Waheed or any other fellow government-aligned parties ahead of the presidential elections.

PPM MP Ahmed Nihan told Minivan News at the time that the party had already engaged in talks over the possibility of forming a power sharing agreement with other parties in the government of President Waheed, although no final decision had yet been taken.

Nihan said that rival political parties needed to reassess their views on power sharing after thousands of people attended a gathering held by the opposition Maldivian Democratic Party (MDP) on April 19 to announce the signing of Parliamentary Speaker Abdulla Shahid.

Nihan’s comments were echoed at the same time by current Home Minister Dr Mohamed Jameel Ahmed – who is speculated in local media to be among the leading candidates to stand as the PPM presidential candidate’s running mate during the elections.

Dr Jameel told Minivan News last month that a changed political landscape since the country’s first multi-party elections in 2008, necessitated a willingness to share power more than ever.

“We have to recognise that the PPM and the [opposition] Maldivian Demoratic Party (MDP) are the two major political forces in the country capable of winning elections. Hence, if the governing coalition desires to forge an alliance, it cannot realistically exclude the PPM from any such move. Whether a coalition, inclusive of the PPM can be realised prior to the elections is possible or not, we cannot alienate major political parties in an election,” he said at the time.

“Therefore, the role of smaller parties attempting to win an election of this scale without the inclusion of major political parties is in my opinion, a risky business,” Dr Jameel added.

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President Waheed slams efforts to boycott Maldives tourism over nation’s “shortcomings”

President Dr Mohamed Waheed has criticised unspecified groups that are calling for a boycott of the Maldives’ tourism industry, expressing concern that it is the largest source of income for the nation.

According to the President’s Office website, his comments were made during a visit to the island of Neykurendhoo as part of a wider tour of  South Thiladhummathi Atoll ahead of elections scheduled for September this year.

The president raised the concern on the back of over two million people signing a petition on the Avaaz website pledging to target the Maldives’ lucrative tourism industry in order to pressure authorities to drop the charges against a 15 year-old convicted of fornication, and to pursue wider legal reforms to prevent similar cases.

Minivan News understands that officials from Avaaz had visited the Maldives last week to meet with government officials and research the case.

Meanwhile, NGO Amnesty International last month raised concerns that minor’s handling by authorities was the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences

President Waheed told islanders on Neykurendhoo yesterday (May 3) that he didn’t believe “defaming” a country was the best way to ensure development of a nation, while also condemning the “efforts of a minority of people attempting to create animosity and hatred between families and societies”.

The president added that no matter how well developed any country was, all nations faced political and social problems that needed to be addressed, he therefore criticised any attempts to use such “shortcomings” as a means to back a boycott campaign.

President Waheed also used the visit to lay the foundation stone of the Neykurendhoo Friday Mosque on the island, while also promising wider infrastructural development to provide improved sewerage and water systems expected to be established in the near future.

The new mosque is being built with the assistance of Saudia Arabia, according to the President’s Office.

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Reporters Without Borders labels Maldives’ extremist groups “predators of press freedom”

International press freedom NGO Reporters Without Borders (RSF) has included ‘extremist religious groups’ in the Maldives in its ‘Predators of Freedom of Information’ report for 2013.

The report, released to mark World Press Freedom Day on May 3, identifies ‘predators of press freedom’ around the world, including “presidents, politicians, religious leaders, militias and criminal organizations that censor, imprison, kidnap, torture and kill journalists and other news providers. Powerful, dangerous and violent, these predators consider themselves above the law.”

The 2013 report “accuses leaders and members of fanatical groups in the Maldives” of “intimidating media organisations and bloggers and threatening them with physical harm in order to force them to exercise self-censorship.”

The report also accuses extremist groups in the Maldives of “promoting of repressive legislation”, “debasement of political debate”, contributing to the “censorship of publications and the blocking of access to websites”, and “resorting to violence, and even murder, to silence dissident opinions.”

“Ever since the army mutiny that overthrew President Mohamed Nasheed in the Maldives in 2012, extremist religious groups have tried to use their nuisance power to extend their influence. They have become more aggressive as the [September 2013] presidential election approaches, intimidating news media and bloggers and using freedom of expression to impose a religious agenda while denying this freedom to others,” the report states.

The report identifies the general characteristics of media repression around the world, most notably the impunity those responsible enjoyed.

“Physical attacks on journalists and murders of journalists usually go completely unpunished. This encourages the predators to continue their violations of human rights and freedom of information,” the report stated.

“The 34 predators who were already on the 2012 list continue to trample on freedom of information with complete disdain and to general indifference. The leaders of dictatorships and closed countries enjoy a peaceful existence while media and news providers are silenced or eliminated.”

The report emphasises that failure to confront and prosecute those responsible for violations of press freedom was not due to a lack of laws, but rather selective or non-existent enforcement.

“The persistently high level of impunity is not due to a legal void. There are laws and instruments that protect journalists in connection with their work. Above all, it is up to individual states to protect journalists and other media personnel. This was stressed in Resolution 1738 on the safety of journalists, which the United Nations security council adopted in 2006,” the report stated.

“Nonetheless, states often fail to do what they are supposed to do, either because they lack the political will to punish abuses of this kind, or because their judicial system is weak or non-existent, or because it is the authorities themselves who are responsible for the abuses.”

Attacks on journalists

The Maldives plummeted to 103rd in the Reporters Without Borders (RSF) Press Freedom Index for 2013, a fall of 30 places and a return to pre-2008 levels.

“The events that led to the resignation of President Mohamed Nasheed in February led to violence and threats against journalists in state television and private media outlets regarded as pro-Nasheed by the coup leaders,” RSF observed, in its annual ranking of 179 countries.

“Attacks on press freedom have increased since then. Many journalists have been arrested, assaulted and threatened during anti-government protests. On June 5 2012, the freelance journalist and blogger Ismail “Hilath” Rasheed narrowly survived the first attempted murder of a journalist in the archipelago,” RSF noted in its report.

Rasheed, who subsequently fled the country, alleged the attacked was a targeted assassination attempt by Islamic radicals in retaliation for his public calls for religious tolerance. Police have yet to arrest anybody in connection with the murder attempt.

Subsequent to the the release of the press freedom index, Raajje TV journalist Ibrahim Waheed ‘Aswad’ suffered serious head injuries and was left in a critical condition after he was attacked on the street with an iron bar.

Waheed was attacked while he was on his way to see two Maldives Broadcasting Corporation (MBC) journalists, who were admitted to hospital after being attacked during opposition-led protests.

Following the attack, Aswad was airlifted to Sri Lanka for emergency surgery. He later recovered and returned to the Maldives.

Police have since forwarded cases against suspects Ahmed Vishan, 22, M. Carinlight Northside, and Hassan Raihan, 19, G. Fehima, for prosecution.

Press freedom day in the Maldives

Meanwhile, the Maldives Journalist Association (MJA) has launched a campaign calling for laws protecting journalists, “such as salaries, work hours and insurance for journalists,” according to MJA President and Editor of Sun Online, Ahmed ‘Hiriga’ Zahir.

The MJA showed a T-shirt promoting the ‘Working Journalists Act’, released as part of the campaign during a ceremony in the DhiTV studio.

According to Sun Online, MJA Secretary General Mundoo Adam Haleem “said that while the government has established an organisation to work for the benefit of media operators, people should ascertain for themselves who actually works for the benefit of media operators.”

Local media also reported on an acknowledgement of World Press Freedom Day during Friday’s sermon delivered all over the Maldives, encouraging people to draw a distinction between “press freedom” and “press fairness”.

An event organised by the Maldives Broadcasting Commission (MBC) to mark the signing of a five point pledge to uphold media freedom was meanwhile cancelled due to inclement weather.

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Sentencing children to death is alarming: Amnesty International

Amnesty International has condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

The Juvenile Court issued the death sentence to two 18 year-olds found guilty of the February 18, 2012 murder of Abdul Muheeth. Muheeth was stabbed at 1:45am near the Finance Ministry building in the capital Male’ and later died during treatment.

Following the sentencing Amnesty International issued a statement urging Maldivian authorities to commute the death sentence and stop the potential execution of the pair, who were sentenced to death after being found guilty of a murder committed when they were under 18.

“The Maldives is entering new and dangerous territory – imposing death sentences for crimes allegedly committed by children is alarming,” said Polly Truscott, Amnesty International’s Deputy Asia-Pacific Director.

“The Maldives authorities are flouting international law – anyone convicted of a crime committed when they were under 18 is exempt from the death penalty.

“The authorities must immediately reverse these death sentences, and the prosecution must not try to uphold the death sentences in any appeals,” Truscott added.

Amnesty International also called for the sentences of other prisoners on death row to be commuted, the establishment of an official moratorium on executions, as well as the abolition of the death penalty.

“Amnesty International opposes the death penalty in all cases without exception. There is no convincing evidence that the death penalty works as a special deterrent against crime,” said Truscott.

On December 30, 2012 the Juvenile Court finished taking statements from the heirs of Abdul Muheeth, where all approved passing the death sentence against the trial’s defendants should they be found guilty.

In March, Police Inspector Abdulla Satheeh said Muheeth was mistakenly killed by a gang and that he was not the intended target.

Police previously announced that Muheeth was not a member of any gangs, adding that he had also held a responsible job at the time of his death.

Death penalty controversy

Article 88[d] of the Maldives Penal Code states that murders should be dealt with according to Islamic Sharia and that persons found guilty of murder “shall be executed” if no heir of the victim objects, according to Islamic Sharia.

Although the Maldives Penal Code allows for the death sentence, it has traditionally been commuted to 25 years in prison.

In October 2012, the government announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

In December 2012, the Attorney General’s Office completed drafting a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

However, earlier this year religious NGO Jamiyyathul Salaf has called on Shukoor to amend the government’s draft bill on the implementation of death penalty, urging that convicts be beheaded or shot instead of given lethal injection.

The bill is currently pending approval by parliament, and has given rise to dissenting opinions on the matter.

This April, the Maldivian state sought a High Court ruling on the President’s discretion to commute death sentences to life imprisonment.

During a hearing on April 22, in a case filed by five citizens seeking to annul laws granting the President discretionary powers of clemency, the state attorney said the government would prefer the court itself provided a decision on the matter in accordance with Islamic Sharia.

The state attorney insisted that the decision be made by the court, despite the High Court Judges Bench emphasising that the state must provide an answer since the case concerned a constitutional matter.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

However in all cases the sitting president has commuted such verdicts to life sentences.

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