The Commonwealth Secretary General’s special envoy Sir Donald McKinnon met President Dr Mohamed Waheed in Male’ yesterday as part of a “courtesy call” to discuss issues including efforts to ensure free and fair elections later this year.
According to the President’s Office website, during yesterday’s meeting with McKinnon, Dr Waheed also spoke of the need for “political reform” in the Maldives. The Commonwealth meanwhile said it would look to extend its support to the Maldives’ electoral process.
The Maldives National Defence force (MNDF) has dismissed Corporal Azleef Rauf over his alleged involvement in planning the murder of MP Dr Afrasheem Ali.
Azleef was dismissed for “disorderly conduct”, as well as “repeated actions that would harm the reputation and dignity of the armed forces”, according to the MNDF.
Azleef was arrested in relation to the Afrasheem murder case on May 23, and during a recent court hearing to extend his detention period, police accused him of terrorism, intimidation, gang crimes, operation of gangs, and using gangs to plan crimes, according to local media.
The prime suspect in the Afrasheem case, Hussain Humam Ahmed, accused Azleef of planning the murder of the MP during a recent Criminal Court hearing.
Additionally, Azleef was also previously apprehended for mugging, according to local media.
The opposition Maldivian Democratic Party (MDP) has filed a motion calling the government of President Mohamed Waheed Hassan to address issues highlighted in the report by United Nations Special Rapporteur (UNSR) on Independence of Judges and Lawyers, Gabriela Knaul, concerning the country’s judiciary.
Knaul’s final report to the UN Human Rights Council extensively outlined the political, budgetary and societal challenges facing the judiciary and wider legal community, as well as the politicisation of the Judicial Services Commission (JSC) and its failure to appoint qualified judges under Article 285 of the constitution.
The Special Rapporteur also expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.
“It is indeed difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” Knaul wrote.
The motion, filed by MDP MP Imthiyaz ‘Inthi’ Fahmy, was debated during the parliamentary session held on Monday. The motion was passed by 23 out of 34 members present during the session, while nine members voted against it.
Presenting the motion, Fahmy said the judiciary was impaired after it appointed the judges for life, without considering the constitutional provisions specified in article 285 of the constitution.
He contested that the JSC, instead of ensuring that the judges met the required standards befitting an independent judiciary, had lowered the standards to ensure all existing judges were qualified to sit on the bench for life, plunging the whole judicial system into chaos.
Due to the JSC’s decision to lower the standards, judges accused and in some cases convicted of criminal wrongdoing had been reinstated, he contended.
Fahmy further contested that every citizen of the country was entitled to the right to get a fair hearing and that not even the Supreme Court could undermine such a fundamental right.
He noted that the judiciary disregards any remark made that highlight its own flaws, dismissing them as attempts to tarnish the image of the judiciary and lower its image among the public.
Parliamentary debate
Jumhoree Party (JP) MP Abdul Raheem Abdulla raised doubts over the legitimacy of the current membership of the JSC, highlighting that current Attorney General Aishath Bisham – who by virtue of her position is also a member of JSC – is yet to be endorsed by the parliament.
Local media alleged that Aishath Bisham had taken part in the vote taken during the JSC meeting in which it decided to indefinitely suspend the Chief Judge of High Court over a complaint filed a year ago.
Abdul Raheem Abdulla also questioned the legitimacy of the position of Civil Service Commission (CSC) President Mohamed Fahmy Hassan, who was removed from his post by parliament reinstated after the Supreme Court overturned parliament’s decision.
In March, the Supreme Court ruled 6-1 that Mohamed Fahmy Hassan would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).
The doubts surrounding the legality of these people sitting in the JSC posed questions over how just a decision by JSC could be, Abdulla Abdul Raheem said.
He further contended that the JSC had been overpowered by political influence both internal and external, however maintained that no one should meddle with the affairs of the court.
JP’s own leader, resort tycoon and MP Gasim Ibrahim, also sits on the commission.
However, tourism magnate Ahmed ‘Sun Travel’ Shiyam’s Maldivian Development Alliance (MDA) MP Ahmed ‘Aims’ Amir spoke in favour of JSC, stating that he saluted the commission for completing the appointment of judges within the time frame required by the constitution.
Amir claimed that the two parties had agreed with the appointment of the permanent Supreme Court bench, but were now criticising the bench because it did not work to their pleasure.
Government-aligned Dhivehi Rayyithunge Party (DRP) Parliamentary Group Leader, Ahmed Mausoom, said Special Rapporteur Knaul had asked to resolve the issues through dialog between the authorities, and noted that her recommendations included amending the constitution.
Other recommendations, Mausoom said, included changing the composition of the JSC, and calling on political parties to work on creating awareness among the public of the laws of the country and its constitution, and speeding up the legislative process.
Opposition MDP Deputy Parliamentary Group Leader MP Ali Waheed meanwhile accused the JSC Chair Justice Adam Mohamed of being a “gang leader”, and said the only way to reform the judiciary was through direct action by the people.
Another MDP MP, Abdul Ghafoor Moosa, claimed that presidential candidate of the Progressive Party of Maldives (PPM) Abdulla Yameen, and JP MP Gasim Ibrahim were key conspirators behind the sabotage of the judiciary.
Government’s response
Following Knaul’s report, the government of President Waheed responded with a statement that “international actors should not undermine national jurisdiction and the court system of any country”.
The statement was issued on May 28 via Permanent Representative at the UN Human Rights Council in Geneva, Iruthisham Adam, who further said that the Maldivian delegation, in light of the report, “wishes to discuss specific matters contained in the report with the Rapporteur”.
At the same time the statement “welcomed” the UN Rapporteur’s report and “fully acknowledge[s] that the various challenges she has identified and raised in her report are in fact the residue challenges present in a system in the midst of democratic consolidation.The Maldives judicial system continues to be hampered by structural deficiencies and resource constraints in addressing the difficult challenges facing the country in general.”
Police in the Maldives have confirmed the arrest of a third suspect linked to ongoing investigations into the alleged criminal activities of two foreign nationals identified as the Artur brothers.
A police media spokesperson confirmed that 28 year-old Maldives national Ahmed Vishal had been taken into custody yesterday (June 2) on suspicion of being connected – in an as yet unspecified way – to the Artur brothers’ operations in the country. The Arturs have come under scrutiny from Maldives authorities after being linked in local media with alleged drug trafficking, money laundering, raids on media outlets and other serious crimes in Kenya.
Police declined to give more details on the specific charges against Visham, who was reported in local media as having been detained on a sixth floor apartment of a building in Male’.
Visham is the third suspect along with fellow Maldivian Ahmed Nishan and French national Godzine Sargsyan to be detained by police in relation to investigation into the Artur Brother’s presence in the country.
Police issued a statement in April asking for public assistance in locating Godzine, who along with Nishan later surrendered themselves to authorities. Police officers then proceeded to conduct a search of the Marble Guest House in Male’ where the suspects were alleged to have stayed.
The Criminal Court last month agreed to extend the detention of both Nishan and Godzine, who has been identified by authorities as one of the Artur brothers.
The court stated at the time that police had charged the pair with assault and battery, cases related to fraud, and providing invalid documents to government institutions.
Photos
Photos of the Arturs in the company of the two Maldivian ministers emerged on social media, apparently taken during the Piston Motor Racing Challenge held on Hulhumale’ between January 25 and 26.
A letter from the Tourism Ministry to immigration authorities requesting a residency visa for Margaryan and Sargayan Artur, dated January 27 and signed by Tourism Minister Ahmed Adheeb, was subsequently leaked on social media.
A company named ‘Artur Brothers World Connections’ was registered in the Maldives in October 2012, with the Artur brothers holding an 80 percent share in a 61-19 percent split.
French nationals identified as Godzine Sargsyan and Edga Sargsyan had a 10 and 7 percent share, while a Maldivian national Ismail Waseem of H. Ever Chance was listed as holding the remaining 3 percent.
Waseem’s share was subsequently transferred to Abdulla Shaffath of H. Ever Peace on November 25.
Meanwhile, on April 8, reports in local media suggested that Zaidul Khaleel, General Manager of the Club Faru resort, operated by the state-owned Maldives Tourism Development Corporation (MTDC), had been dismissed after he was found to have paid the brothers’ US$6000 bill.
The Ministry of Health has identified salaries and staff safety as the key issues driving “shortages” in the number of trained medical staff coming from abroad to work at hospitals in the Maldives.
Permanent Secretary at the Ministry of Health Geela Ali said that authorities were in the process of trying to recruit a number of medical specialists from across the region, adding that efforts were needed to overcome the various “issues” limiting interest from foreign professionals in coming to the Maldives.
The comments were made as Dr Mohamed Habeeb, presently in charge of Indira Gandhi Memorial Hospital (IGMH) in Male’, last week raised concerns in local media about a serious shortage of doctors, which he said was having a major impact on services.
IGMH Media Correspondent Zeenath Ali explained to Minivan News today that although paediatric services had been suspended temporarily at IGMH three months ago due to a lack of qualified staff, the services were now operating as normal.
“Previously, we had an issue with the numbers of doctors due to some resignations and contracts finishing,” she said of the difficulties faced three months ago.
Zeenath added that while the issue of having no paediatric staff had since been resolved, IGMH has requested assistance from the Health Ministry in recruiting additional medical specialists to meet patient demand in the capital.
Despite this high demand for medical services, she said IGMH had not since been forced to terminate entire services at the hospital as a result of staff numbers.
“We have four paediatricians presently working at the hospital. But it remains difficult on the international market to try and attract paediatricians to join us,” she said.
According to Zeenath, IGMH has also requested that additional anaesthesiologists be hired to meet the hospital’s present workload. She added that the Ministry of Health was said to be working on recruiting more staff to cope with patient demand.
Speaking about these recruitment efforts, Health Ministry Permanent Secretary Geela said there was presently a shortage of medical staff at hospitals and health centres across the country as a result of ongoing issues – not least in the basic salary packages offered by the state.
“We have been running adverts to try and find qualified staff across the region, but so far we are not seeing adequate response from other countries,” she said.
Geela claimed that salary was among the most prevalent issues authorities had identified as being responsible for shortages in medical staff, with the government pledging to raise wages from January 2014 should the proposals gain parliamentary approval.
“This will allow us to offer better salaries from 2014 and we hope there will be more interest internationally,” she said.
Staff safety
Another challenge for attracting foreign medical staff was ensuring the safety of staff, particularly in the outer atolls.
Geela said that the Health Ministry could not alone ensure safer working environments for foreign medical staff, with wider support from the government and public needed.
“We need a societal approach to try and combat this problem. When we place staff on islands, community support is required to make sure they are looked after,” she said.
Threats
IGMH’s orthopaedic department temporarily ceased working last month after a group of people allegedly threatened a member of staff who had refused to provide a doctor’s note for overseas treatment through the Maldives’ nationwide health insurance scheme, ‘Aasandha’.
A patient, who asked for the doctor’s recommendation to receive medical treatment abroad, was first told by IGMH that such a recommendation could not be made because his injury could be treated in the hospital, according to a statement issued by IGMH.
The hospital claimed the man then refused treatment from IGMH before coming back to the hospital with a group of 10 men who threatened to attack the doctor, stating that he too would have to seek medical treatment through ‘Aasandha’ if he did not write the recommendation note.
The hospital at the time said it was considering the use of police officers maintain security on site following concerns about threats of violence to staff.
Minivan News reported in September 2012 on the alleged widespread intimidation, fraud and “substandard” treatment by patients, health authorities, local staff and the country’s courts faced by expatriate medical professionals in the Maldives.
Inmates in Maafushi prison have petitioned President Dr Mohamed Waheed over poor conditions in the prison.
In the petition, the inmates stated that there were people in the prison sentenced to be incarcerated for more than 100 years, calling for the chance to reintegrate into society.
According to the petition, the inmates alleged they were being deprived from basic human rights guaranteed by the constitution, regulations made under the constitution and international treaties the Maldives had signed.
The inmates said that some of the cells were so small there was no space to kneel towards the Qibla during prayer time. They complained they had been able to perform Friday prayers for the past four years and had not been provided with healthy food and clean water.
According to the petition, the daily amount spent on food for each inmate had dropped from MVR95 (US$6.16) to just MVR35 (US$2.26).
The inmates called on Dr Waheed to take urgent measures to ensure food and clean water were provided in the cells.
‘’There are inmates who have serious medical conditions, who are advised by doctors to take medication accordingly, but the prison officers are not providing them the medical treatment as asked by the doctors,’’ the petition stated.
The inmates referred to one incident in which an inmate identified as Mohamed Ibrahim of Seenu Hithadhoo was refused medical treatment, which allegedly resulted in his appendix bursting inside his stomach while he was in the cell.
The petition also claimed that when inmates travelled to Male’ by sea, they were handcuffed to the back of the vessel with no prison officer on standby, which was against safety regulations.
The inmates also claimed that prison officers had banned inmates from marrying another inmate.
The inmates said they regretted remarks by former Home Minister Dr Mohamed Jameel alleging that inmates were homosexual, and alleged the banning of marriages in prison was intended to force inmates into homosexuality.
The petition called on the state to allow inmates to marrying inmates of the opposite sex ,and to fix issues the Maafushi Prison.
President’s Office Spokesperson Masood Imad told Minivan News that the office had not received the petition.
MP for Feydhoo Alhan Fahmy has rejoined the Maldivian Democratic Party (MDP), reversing his move to Gasim Ibrahim’s Jumhoree Party (JP) in June 2012.
The former MDP Vice President was removed from the MDP leadership post in a no-confidence vote supported by 95 percent of the MDP’s National Congress on April 30, 2012, after he and the party’s President Dr Ibrahim Didi were accused of making statements contradictory to the party’s official line concerning February 7’s controversial transfer of power.
Both men disputed the legitimacy of the process which led to their ousting. Dr Didi filed a complaint with the Elections Commission (EC), which was later dismissed, whilst Fahmy staged a sparsely attended ‘free MDP’ rally, protesting against what he alleged was the negative influence of former President Mohamed Nasheed on the party.
Didi and Fahmy shortly afterwards joined Gasim’s government-aligned Jumhoree Party, assuming leadership positions.
Fahmy was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM). He was dismissed from the party by its disciplinary committee for breaking the party’s whip line in a no-confidence vote against then Foreign Minister, Dr Ahmed Shaheed.
Fahmy confirmed his most recent move to Minivan News, declaring his decision was made “because the country’s future lies with the MDP”.
MDP Spokesperson MP Hamid Abdul Ghafoor, who sponsored last year’s motion to remove Alhan from the party, said the issues “have been resolved” and that the party “welcomes anybody always. We have an open invitation,” he said.
“Alhan is a good speaker and another vote in the Majlis,” he added.
Speaker of Parliament Abdulla Shahid in April moved to the MDP from the DRP, stating that he had changed his political allegiance over concerns about the direction of the country’s democratic transition.
“I believe in the democratic Maldives built in 2008; will not stand by while opportunists & extremists drag our country back,” he tweeted at the time.
The DRP subsequently signed a coalition agreement with President Mohamed Waheed’s Gaumee Ithihaad Party (GIP), joining the Dhivehi Qaumee Party (DQP) and the Adhaalath Party (AP).
Alhan’s switch takes the MDP’s membership in parliament to 33 of the 77 member chamber, six short of the 39 majority needed to push through legislation.
A police officer has testified against a fellow officer, Ibrahim Faisal, who is currently being charged for attacking former opposition Maldivian Democratic Party (MDP) Chairperson and MP Mariya Ahmed Didi on February 8, 2012.
On February 7, 2012, the continuous anti-government protest led by then-opposition political parties and religious scholars following the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed gave way to a mutiny by a segment from both the police and military officers against Nasheed, resulting in his premature resignation from office.
The following day, Nasheed along with the MDP and thousands of people, took to the streets in protest claiming that Nasheed was ousted in a bloodless coup d’état. However the en masse demonstration met by a brutal crackdown from both police and military officers during which several MDP MPs and politicians backing the MDP suffered injuries.
Testifying against Faisal, Lance Corporal Mohamed Saarim told the court that he was with Faisal in the ranks of police during the time the protests were dismantled.
Saarim testified that Faisal was among the police officers who went inside a shop to arrest senior MDP figures, including current Party Chairperson ‘Reeko’ Moosa Manik, Mariya Didi and former President Nasheed, who took refuge inside after the police led the heavy crackdown on protesters.
During this incident, Saarim claimed that he saw Faisal attacking Mariya Didi, punching her in the abdomen. According to Saarim, Faisal dragged Mariya Didi out of the shop, before handing her over to another officer.
The Lance Corporal also claimed that he had told Faisal not to act so aggressively, but he had disregarded his call. Saarim also recalled that Faisal was not in his uniform and was clothed as a civilian, and had used his bare hands to attack the MP.
During the hearings, Saarim also acknowledged the statement he gave to Police Integrity Commission (PIC) which was presented to the court. Saarim stated that the statement was a true statement given based on what he witnessed on the day.
When the sitting Judge Muhuthaaz Fahmy questioned Faisal about the statements by Saarim, he denied the claim saying that he did not harm anyone. He further told the court that he was not present with the group of police officers who entered into the shop, but was instead having a coffee.
Faisal made the same statement to the PIC, which was also heard in court.
Concluding the hearing, the judge stated that the only witness presented to the court by the prosecution was Saarim. He did not mention a date for the next hearing.
Along with Faisal, police officer Mohamed Waheed from the island of Thinadhoo in Gaafu Dhaalu Atoll is also facing criminal charges for assaulting MDP Chairperson ‘Reeko’ Moosa, hitting him on the head with a metal canister.
Mariya recalls the attack
Mariya Didi described the moment when the officers barged into the shop as an “attempt on our lives”.
“On February 8, after the police dispersed those who marched to protest their government being over thrown by police and military, President Nasheed and Ahmed ‘Dhonbilai’ Haleem saw me fall and gasp for breath, almost falling tinto the sea as the police and military used the yellow gas they used at such close range,” she said.
“They picked me up and as they knew I was suffering from the injuries of the previous day (February 7,2012), I looked in a state with all the bruises to my face and body, and also a black eye from a beating the previous day,” she said.
“They wanted to put me to safety in the shop as they knew these officers wanted us all dead,” she added.
“Moosa, Nasheed and myself entered the shop. As I was standing inside the shop, the police came and took Moosa first,” she recalled.
“In a moment, some other police came and pulled me up. They handcuffed me at the back with bands they had and kept pulling my hair. They kept beating me all over. They sprayed my whole body with pepper spray, especially in the black eye from the previous day, and into my nostrils. I recently had a sinus operation in Bangkok and just returned. These police officers were all over beating me, my whole body was black and blue,” she explained.
“It was rather shameful that people in uniform thought it fit that they beat up a woman who was already handcuffed tightly behind her back. The scars are still there on my wrists,” she said.
“I hope our men in uniform learn to behave with discipline and professionalism and not let their political views overtake their oath and duty to this country,” she said.
“Jazbaath (‘being emotional’) is no excuse,” she stressed.
Human Rights Commission inquiry
On August 22, 2012, the Human Rights Commission of Maldives (HRCM) released an investigative report (Dhivehi) which concluded that the police crackdown on the MDP march, which left dozens of demonstrators injured, was “brutal” and “without prior warning.”
Thirty-two people filed complaints with the HRCM concerning the varying degrees of injuries they sustained in the crackdown, while 20 people also submitted medical documents pertaining to the treatment of those wounds.
Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person had a fractured leg bone, another person’s arm was broken, and six people sustained head wounds.
Meanwhile, the former ruling party informed the HRCM that their march across Male’ was spontaneous and that the party had not planned to stage any protests on February 8.
The crackdown
While riot police baton-charged the front line of protesters on February 8, Minivan News observed riot police also charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) area.
The SO police officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.
Al Jazeera news filmed parts of the attack from the rear and reported that on February 8 “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds,”
Amid the clashes, a group of opposition demonstrators infiltrated the crowds, attacking MDP supporters, according to witnesses.
Former President Nasheed was reported among the injured, having received head injuries during the clashes.
Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area of Indira Gandhi Memorial Hospital (IGMH).
One young woman who went into IGMH with her sister was being treated for a head wound. The gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.
“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.
President Dr Mohamed Waheed has today departed on an official visit to Palestine where he will this week chair the 4th International Islamic Conference of Bait Al Maqdis.
Dr Waheed, who was accompanied by his wife Ilham Hussain, will also use the visit to discuss bilateral relations with the Palestinian government, according to the president’s Office website.
President Waheed was officially invited by his Palestinian counterpart Mahmoud Abbas to attend the Islamic conference as guest of honour back in April.
His invitation was personally delivered at the time by the Ambassador of Palestine accredited to the Maldives, Dr Anwar Al-Agha.
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While riot police baton-charged the front line of protesters on February 8, Minivan News observed riot police also charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) area.