Elections Commission to draw lots to determine candidate order on ballot paper

The Elections Commission (EC) has confirmed lots will be drawn next Sunday (July 28) to determine the order presidential candidates’ names will appear on voter ballots, unless a case questioning a candidates’ legitimacy is filed with the Supreme Court, reports local media.

The deadline for presidential-hopefuls to file their candidacy was 2:00pm yesterday (July 24) EC President Fuwad Thowfeek told local media.

There is a five day window, beginning the day a candidate registers with the EC, that cases regarding the legitimacy of a presidential candidate can be filed with the Supreme Court, according to local media.

The five day period has passed for cases to be filed against Maldivian Democratic Party (MDP) former president and current presidential candidate Mohamed Nasheed as well as President Mohamed Waheed, who is contesting as an independent, according to Sun Online.

However, cases can still be submitted to the Supreme Court against Progressive Party of the Maldives (PPM) MP and presidential candidate Abdulla Yameen, as well as resort tycoon and Leader of the Jumhoree Party (JP) Gasim Ibrahim, as they filed their candidacies with the EC Monday (July 22).

Assuming no cases are filed with the Supreme Court, lots will be drawn Sunday to determine the order presidential candidates’ names will appear on voter ballots, said Thowfeek.

In the event a case is filed against a presidential candidate, the Supreme Court must issue a verdict within seven days, according to CNM.

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Supreme Court challenges Maldives Bar Association for using the word ‘bar’ in its name

The Supreme Court has allegedly requested the Ministry of Home Affairs to look into the procedures of how the Maldives Bar Association was formed claiming that the use of the word ‘Bar’ in the association’s name was leading to “confusion” among international legal and judicial groups.

The Maldives Bar Association was formed in April to empower, lobby and advocate on behalf of legal practitioners. It was also charged with addressing problems faced by lawyers within the judiciary. The association is currently headed by veteran lawyer and former Attorney General, Husnu Al Suood.

In a letter obtained by Minivan News, allegedly sent by the Supreme Court to the Ministry on May 5, the apex court claimed that in other developed countries, the phrase “Bar” referred to a formal statutory body that represents the entire legal community, unlike the current Maldives Bar Association which is an NGO.

“The newly registered ‘Bar Association’ is an NGO belonging only to its founding members, and considering the confusion that may arise due to a group of individuals using such a name, the judges panel of Supreme Court have on April 30 decided to request the Home Ministry to look into the matter,” read the letter.

Meanwhile, in a second letter, the Ministry of Home Affairs responded to the Supreme Court’s letter stating that prior to the registration of the association, the ministry had consulted with the Attorney General’s office regarding the name.

In response, the ministry stated that the Attorney General did not object to the name, but had requested it reserve the name ‘Maldives Bar Council’ – an institution that is yet to be established under the proposed Legal Practitioners Bill, which the Attorney General’s office is currently in the process of drafting.

Speaking to Minivan News, Maldives Bar Association Secretary General Anas Abdul Sattar disputed the Supreme Court’s view that the term ‘Bar’ was limited to formal statutory bodies.

“Even in India, there is the Bombay Bar Association. The Bombay Bar Council which was formed by a statute came to existence much later, but the bar association still continues to function,” Sattar contended.

Sattar said that Supreme Court was not making the right decision if it were to contend that the term ‘bar’ must only be limited to formal and statutory institutions.

Meanwhile, an attorney working closely with the association told Minivan News on condition of anonymity that the Supreme Court was upset about international organisations recognising the association.

“The Supreme Court was informing those organisations that the Maldives did not have a bar council. They then claimed that they would like to affiliate with the bar association, and that the association satisfied their criterion,” the attorney said.

“If you look into the details, Supreme Court is currently not affiliated with any such organisations and they seemed pretty upset when the international legal community started to recognise the association,” he added.

Minivan News contacted the Supreme Court for a response, but the official demanded formal enquiries in writing and said the court would “respond if appropriate”.

The Supreme Court’s letter challenging the bar association follows its vocal calls for the suspension of Supreme Court Justice Ali Hameed, following the release of multiple sex tapes featuring the judge.

Hameed is under investigation by both the police and JSC over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

In a previous statement, the association challenged the independence and transparency of any Judicial Service Commission (JSC) investigation into the matter that proceeded without first suspending the judge.

The Maldives Bar Association claimed that it was “against principles adopted in modern democratic societies” to allow Supreme Court Justice Ali Hameed to remain on the bench while he faced allegations of adultery and other concerning conduct.

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Palestinian refugee family to remain in Maldives while authorities assist with resettlement

Four Palestinian refugees who arrived in the Maldives on July 9 will remain on the airport island of Hulhule’ until authorities can resettle the group in another country, the Ministry of Foreign Affairs has announced.

The Palestinian nationals, who Minivan News understands had previously fled to Syria, arrived in the country earlier this month on a flight from Dubai with a “questionable” travel document supplied by Syrian authorities.

The arrival of the refugees to the Maldives has been described by former Maldives Foreign Minister Dr Ahmed Shaheed as a relatively unprecedented development for the nation, which has never previously entertained asylum seekers or refugees – mainly due to a lack of individuals seeking such a status.

“There does not appear to be an official mechanism to deal with such claims either,” Dr Shaheed explained today.

“However, those who have drifted into the Maldives by sea have been repatriated to their home countries, and it is only those whose nationality has not been identified who have remained in limbo in Maldives, sometimes under detention, as the case with some alleged Somali pirates.”

In a statement issued today, the foreign ministry said that under local laws, individuals travelling to the Maldives with false documentation were to be refused entry to the country.

However, the ministry said it had been informed by the United Nations High Commissioner for Refugees (UNHCR) on July 14 that the Palestinian family were believed to be registered as refugees. The family has also told government authorities that they are listed with the United Nations Relief and Works Agencies for Palestine Refugees (UNRWA).

The Foreign Ministry said it understood the Palestinian nationals had been living until recently in Syria, before seeking to leave the country due escalation of conflict between government and rebel forces.

“Upon receiving request from UNHCR, the ministry intervened and requested the Department of Immigration and Emigration to allow the family to remain in the Maldives, as returning the family from the same route as they came in would leave to high probability of the family being returned to war-torn Syria,” read the foreign ministry statement.

“[Returning the family to Syria] is not acceptable to the government of the Maldives.”

Citing involvement with the case “purely on a humanitarian basis”, senior officials in the government have since met with the family, who have said they had no intention of staying in the Maldives indefinitely.

According to the Foreign Ministry, the Palestinian nationals have sought relocation to Europe, where other members of their family are already believed to have settled.

“Deputy Chief of Mission of the United Nations High Commissioner for Refugees Mr Hans Friedrich Schodder and Mr Abid Mohudin, Interviewing Officer, arrived in the Maldives on July 23 2013, and have met with the family,” the ministry stated.

“UNHCR officials have already gathered information from the family on refugee status determination and has assisted in the resettlement submission.”

Government authorities are now working with the UNHCR to try and help the family resettle in Europe in collaboration with the Palestinian Embassy in Colombo also assisting.

According to the Foreign Ministry, the embassy had already provided assurances that all necessary travel documents would be provided to the family once the UNHCR has resolved the process of their resettlement.

Meanwhile, the family continue to be held at an unspecified location on the airport island, with authorities pledging to provide food, medical assistance and other necessary facilities, the Foreign Ministry has said.

Immigration Controller Dr Mohamed Ali was on leave when contacted for a comment today, forwarding request for further information to department Chief Executive Officer (CEO) Abdullah Munaaz.

Munaaz was not responding to calls at time of press.

International rules

Former Former Minister Dr Shaheed, who has served in the role under the governments of both former President Maumoon Abdul Gayoom and Mohamed Nasheed, said international rules on refugees were governed by the 1951 Refugees Convention and the 1967 Protocol to the Refugee Convention.

He added that the Maldives was not a party to such treaties. However, Dr Shaheed said that certain requirements in dealing with refugees were included in customary international law, requiring all nations to abide by them.

“The most important such customary international law principle is that of non-refoulement, whereby an asylum seeker should not be sent back to a country where he or she would face threats to his/her life or freedom,” he said.

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Nasheed dismisses allegations of SAARC Summit embezzlement, acknowledges overspend: “Senior officials wanted things to get done quickly”

Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed has dismissed allegations that his government embezzled state funds to host the 17th SAARC Summit, but acknowledged that it was possible money had been spent contrary to the Public Finance Act.

The Auditor General’s report on government expenses for the 17th SAARC Summit held in Addu City and Fuvahmulah in 2011, revealed several financial discrepancies including an overspend of more than MVR 430 million (US$27.9 million) on the event’s allocated budget.

According to the report compiled through audits of expenditure by the Ministry of Housing, the Ministry of Foreign Affairs, the President’s Office and the Maldives National Defense Force (MNDF), Nasheed’s government spent MVR 667,874,870.84 (US$ 43.3 million), on the summit – 188.82 percent more than the MVR 231,240,000 (US$14.99 million) budget passed by parliament.

Speaking during a campaign rally held at Haa Dhaal Atoll Vaikaradhoo Island yesterday (July 24), the former President welcomed the audit reports on his administration and echoed his party’s position that no corruption was involved in the spending.

“Since the ratification of the 2008 constitution, and since the beginning of word to word enforcement of laws that came after the ratification, it is quite possible that there may be certain things carried out in contrast with the public finance act. This is because senior officials of the government wanted things to get done quickly,” Nasheed said.

Discrepancies highlighted in the report included financial losses incurred by the government, violations of the Public Finance Act and Public Finance Regulation and wasteful spending.

However, the opposition MDP dismissed the findings of the report describing it as “naive” and “misguided political posturing”, while also challenging its credibility and accuracy.

“It is not possible for the MDP-led government to be involved in blatant corruption. Because we came with a plan and strategy for reforms,” said MDP’s Spokesperson Hamid Abdul Ghafoor at the time.

“Looking at perspective of development and progress, we see this report as just ‘petty accusations’. The report lacked due procedure, impartiality and transparency. It may have been possibly influenced by the political vibe in the country.”

Nasheed stressed that he had not dishonored the trust that the people had placed in him, and had not embezzled “a single laari” from the state budget.

The audit report on the SAARC Summit was released during the MDP’s campaigning ahead of the upcoming 2013 election.

Previous reports

A similar wave of audit reports were released shortly before the 2008 presidential elections, revealing the extravagant spending of then President Maumoon Abdul Gayoom – who now heads the Progressive Party of Maldives (PPM), claiming for presidency in September.

In April 2009, former Auditor General Ibrahim Naeem – the country’s first independent auditor general, who was appointed by Gayoom in January 2008 – released a damning audit report (English) of the presidential palace’s finances, revealing that over US$3 million earmarked for helping the poor was spent on “the president’s relatives, ministers and their families, senior government officials and some MPs.”

More than SGD$2.3 million (US$1,500,000) was spent on one of Gayoom’s relatives and his family on trips to Singapore throughout 2007 and SGD$ 1.4 million (US$930,000) for another relative and his family for multiple trips to Singapore.

In March 2008, SGD$23,756 (US$16,000) was spent for a minister’s grandson to stay in a hotel in Singapore for 21 days; in April, SGD$50,022 (US$33,000) was spent on medical expenses for a friend of the president; and in July 2008, SGD$6,905 (US$4,600) was spent on two pairs of glasses for a minister and his wife.

In October 2012, Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam leaked invoices and bills of the spending through the social media, which revealed extravagant expenses of former President Gayoom’s family out of the former presidential palace Theemuge’s budget allocated for helping the poor.

Among the spending included, money spent on trouser materials, jewellery and expensive family stays at luxurious hotels and resorts abroad.

An invoice dated March 31, 2008 showed SG$ 14,977 spent for trouser material (polyester viscose), which was authorised and signed by former Executive Director of the Presidential Palace Ismail Faiz.

On December 20, 2006, a purple gold diamond pendant for SGD$824 and purple gold diamond bracelet for SGD$1,510 were bought using Nasreena’s credit card. Another invoice showed over SGD$28,000 paid out of the Theemuge account to the Grand Hyatt in Singapore.

Moreover, an average of MVR 5,500 (US$430) a day was spent on food for the former President and his family – equivalent to one month’s wages for an employee working in the palace at the time.

So far no action has been taken against any of the embezzlement allegations.

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“Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice

Progressive Party of the Maldives (PPM) Presidential Candidate Abdulla Yameen has called for the death penalty to be put into practice in the Maldives, a day after vowing to reform the judiciary.

The MP, half brother of former autocratic ruler Maumoon Abdul Gayoom, made the comments while speaking on the program Voice of Maldives on Monday night (July 22).

Yameen explained that although he was not previously an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from murders that have become too commonplace, according to local media reports.

Yameen noted that as a result of the “recent spate of killings” in the Maldives he has had a “change of heart” and now believes “murder has to be punished with murder.”

“It is something that has to be done. We cannot move forward without making our streets safe,” Yameen said.

Yameen explained that a death penalty sentence should only be implemented if upheld by the Supreme Court.

“I now believe, if it can be proven in trial so that the country accepts, if it is proven to a degree accepted by judicial principles, if all the steps are followed, and if the Maldivian people believe, I believe that the death penalty is necessary to save society,” he said.

He also noted that because detailed legislation is necessary to implement the death penalty, the current government recently proposed a death penalty bill in parliament.

Regarding whether he would implement Islamic Sharia law, Yameen’s response to a caller was that “justice is currently delivered in the Maldives through Islamic principles” and that he would act “in accordance with what is laid out by the constitution.”

He pledged that under a PPM government he would “do whatever has to be done” to make the Maldives a peaceful place.

Yameen also denied financing or having links with gangs, claiming these allegations “do not have any basis” and politicians perpetuating such rumors “lack sincerity”.

Such rumors that Yameen has gang ties have “been around a long time”, according to CNM.

During the PPM presidential primary, former candidate and PPM Vice President Umar Naseer publicly accused Yameen of involvement with gangs and the illegal drug trade. However, Yameen denied the “defamatory accusations” calling them “baseless and untrue”.

Yameen further noted during the Voice of Maldives program that a “major part” of the government budget would be spent on youth, including a special rehabilitation program for drug addicts, with more than 900 placements available, if he is elected president.

Last month, Yameen also announced that PPM intended to transform Hulhumale’ into a “Youth City” where enough apartments to accommodate young people would be constructed.

Judicial reform pledge

Meanwhile, a day prior to Yameen’s comments in favor of implementing the death penalty to quell violent crime in the Maldives, the PPM presidential candidate pledged to reform the judiciary, even if it required amending the constitution.

To gain investors’ confidence and bring foreign investments to the Maldives, reforming the judiciary to ensure swift justice and confidence in the institution is necessary, Yameen explained.

“We see the many challenges ahead from every direction. So we are not only competing with other candidates. We are competing against the flailing economy and fading culture and values,” he said.

Yameen told local media that Chief Justice Ahmed Faiz Hussain had also noted the judiciary has “problems”.

Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

His comment’s follow the Maldives Bar Association (MBA) calling for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct. Hameed is under investigation by both the police and Judicial Service Commission (JSC) over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Earlier this year, Faiz said that the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy. In July 2012, the Chief Justice also said the death penalty can be executed within the existing justice system of the Maldives.

Death penalty controversy

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Death penalty legislation was presented to parliament in June by government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed to implement the death penalty by hanging if the Supreme Court upheld a death sentence passed by a lower court. The legislation was put to a vote to decide whether or not to proceed with the bill at committee stage and was ultimately rejected 26-18 with no abstentions.

The Maldivian Democratic Party (MDP) MP said at the time that the party’s parliamentary group had opted to throw out the bill on the grounds that it would be “irresponsible” to approve such measures with ongoing concerns held by itself and international experts over the functioning of the country’s judiciary.

The party additionally criticised the proposed bill as being irrelevant, arguing that the country’s draft penal code – a recent issue of contention between MPs and certain political parties – already included provisions for the death sentence as outlined under Islamic Sharia.

Recent calls for presidential clemency to be blocked led Attorney General (AG) Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

Minivan News understands that the bill submitted by the AG remains open for comments on potential amendments.

More recently, the state called for a High Court verdict on whether the practice of presidential clemency can be annulled.

Eariler this year, the UN country team in the Maldives issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

Additionally, the state’s stance to review implementation of death sentences has led to strong criticism from certain human rights-focused NGOs this year.

Speaking to Minivan News immediately following a visit to the Maldives in April 2013, Amnesty International’s South Asia Director Polly Truscott raised concerns about the recent drafting of new bills outlining implementation for executions.

She argued that even in practice, such bills would be deemed as a human rights violation, with the NGO maintaining that there remained no research to support the assertion that executing criminals served as an effective deterrent for serious crimes.

She noted this was a particular concern considering the recent findings of various international experts such as UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, regarding the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she said at the time.

In May this year, Amnesty International 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.

Meanwhile, a survey of the leading criminologists in the United States conducted in 2009 found that 88 percent of the country’s top criminologists “did not believe” that the death penalty is a “proven deterrent to homicide”.

The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology, also found that 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

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Indian Joint Secretary of External Affairs visits Maldives, meets President, political leaders, ministers

An inter-ministerial delegation from India led by Joint Secretary in Ministry of External Affairs Harsh Vardhan Shringla visited the Maldives from July 23-24 to meet with political leaders ahead of the upcoming elections.

According to a statement from the High Commission in Male, Shringla called on President Mohamed Waheed and “highlighted the close, friendly and long standing bilateral relations between India and the Maldives. Mr Shringla also held meetings with the other presidential candidates – former President Mohamed Nasheed, PPM presidential candidate Abdulla Yameen and JP presidential candidate Gasim Ibrahim.

“He emphasised to all concerned the importance of conducting free, fair, credible and inclusive elections in a peaceful environment followed by a smooth transfer of power. He conveyed India’s commitment to supporting the institutions of democracy in the Maldives and its desire to see a peaceful, stable and prosperous Maldives.”

During the visit Shringla called on Minister of Foreign Affairs, Dr Ahmed Samad Abdullah “to exchange views on the various aspects of the bilateral relationship”, and Attorney General Azima Shakoor.

Shringla also met with Minister of Defence and Security, Mohamed Nazim, “to discuss India’s increasing engagement with the Maldives National Defence Force (MNDF), including training of officials to supply of equipment. They signed an agreement on cooperation between the two countries on various defence projects.”

“As part of his visit, Mr.Shringla paid a visit to Indian ship ‘INS Sukanya’, which was visiting Maldives to conduct a joint patrol operation with the MNDF aimed at monitoring and protecting the Maldives Exclusive Economic Zone (EEZ),” the statement concluded.

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