Month: August 2013

JSC Chair Adam Mohamed set to face no-confidence vote

Chair of the Judicial Service Commission (JSC) and Supreme Court Justice Adam Mohamed is set to face a no-confidence vote introduced by fellow commission member Shuaib Abdul Rahmaan.

Speaking to local newspaper Haveeru, Rahman said that he had filed the motion earlier this week but that the Commission Chair Adam Mohamed had refused to table it during last Wednesday’s commission meeting.

“When I first filed the motion, the Secretary General of the Commission said that he could only table the motion with a proper reason. Then I told him all the reasons why the motion should be filed. But still Adam Mohamed refused to table the motion. Now he has unofficially said that he would table the motion in coming Monday,” he said.

Even though the motion has yet to be officially introduced, Rahman said that some members of the commission had talked about how the commission was currently running.

Rahman claimed that the motion was filed because the entire commission is now in a state of limbo and that Commission Chair Adam Mohamed had been abusing his powers.

Among other reasons for the motion to be filed, Rahman claims included the JSC’s failure to look into the leaked sex-tape scandal of Supreme Court Justice Ali Hameed, and abusing the power to release press statements on behalf of the commission.

Rahman alleged that Adam Mohamed has also repeatedly requested the High Court to expedite the case concerning the legitimacy of Hulhumale Magistrate Court while other important cases concerning the commission were still pending at the courts.

“There are several other issues regarding Adam Mohamed. Even other members of the commission discuss these and have on some occasions said that a motion of no confidence against Adam Mohamed needs to be filed.  However none of those attempts materialised,” he said.

Rahman added that no member of the commission opposed the idea of filing a no-confidence motion against Adam Mohamed.

Rahman told Minivan News today (August 22) that he is trying to table the motion next Monday, but said that Adam Mohamed has been “very reluctant” to acquiesce.

When asked if he had discussed the matter with other commission members, Rahman said that he did not wish to comment on the outcome of the motion at the moment.

“Right now I am trying to table the motion. But I do not wish to talk about the outcome of the motion. But other members have expressed their concerns over how the commission is being run currently,” he repeated.

The JSC has meanwhile refused to comment on the matter.

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Leading MDP politicians to be charged with drug and alcohol offences

The Prosecutor General (PG) has filed drug related charges against Maldivian Democratic Party (MDP) senior figures arrested on Hondaidhoo Island in November last year in alleged possession – and under the influence – of illegal substances.

Criminal Court Media Official Ahmed Mohamed Manik today told Minivan News that the PG had charged MPs Abdulla Jabir and Hamed Abdul Ghafoor, and a person identified as Jadhulla Jameel, with smuggling alcohol into the country and consuming alcohol.

According to Manik, the PG has also forwarded additional charges against other individuals arrested from Hondaidhoo.

Jabir, Ghafoor, and Jadhulla Jameel were also charged for objecting to urine testing and possessing of cannabis.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

According to the Drug Act, Sections 123(a), 161(a), and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana, were taken into custody following the island raid.  Their cases have not been filed at the PG’s office.

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“Elections Commission unprepared” says former President Gayoom

Maldives former 30 year autocratic leader, Maumoon Abdul Gayoom has said that the Elections Commission (EC) has not prepared itself to the necessary standards to hold the presidential election scheduled for September 7.

Previously, Gayoom’s party Progressive Party of Maldives (PPM) has raised several concerns over the EC that include the involvement of Indian IT specialists handling its database, the wife of the Elections Commissioner Fuwad Thowfeek being an outspoken Maldivian Democratic Party (MDP) supporter, and “politicised tweets” by the commission’s Legal Director Haneefa Khalid.

In an interview given to Minivan News this week, Thowfeek revealed that the PPM had requested access to the commission’s IT section.

The PPM denied the accusation but did reiterate their concern over expat IT experts working in the commission.

“We are still quite uncertain and unsure why these people are here at this time,” said PPM MP Ahmed Nihan.

Thowfeek meanwhile told the local media this week that the commission’s internet server was continuously being attacked by hackers from both within the country and outside.

“Our server is continuously being attacked… For that reason, our IT team is continuously monitoring the server and blocking these attacks round the clock.  I assure that our data is still safe and protected. There are no imminent threats of a security breach,” Fuwad told Haveeru.

Gayoom – who was on his way to Gaaf Dhaal Atoll to campaign for PPM’s Presidential Candidate Abdulla Yameen – told the media shortly before departing on Wednesday that it was critical that the EC address the issues raised by political parties.

The former president elaborated that the stability of the country relied heavily upon the freedom and fairness of the upcoming presidential elections, and that therefore it was imperative for the EC to carry out its duties in an open and transparent manner.

“We are seeing problems within the framework they have established. Other parties have even noted that. We are not, by any means, saying that they are doing things wrong. But instead, we are saying that we don’t see the Elections Commission making necessary arrangements for the presidential elections in an adequate and proper way,” Gayoom said.

Gayoom, who faced defeat at the hands of Mohamed Nasheed –  now the opposition MDP’s Presidential Candidate – in the 2008 presidential elections,  said that despite the days leading up to the elections being few, there “is still time to make amends”.

Speaking about PPM’s Presidential Candidate Yameen – also Gayoom’s half brother – the former president said that he had high hopes that Yameen would secure an election victory from the first round without needing to go into a run-off election.

Should the party not be able to win the election in the first round, Gayoom expressed confidence that PPM would still secure the election victory with the support of political parties who would ally with the PPM.

“We want to win this election in a way that will benefit the whole country, even if it means forming a coalition with other political parties. We are a party that had previously worked with other parties,” Gayoom said.

Thowfeek today defended the commission against Gayoom’s claims, contending that the it was “fully prepared” to hold next month’s poll.

“If he had said this in 2008, yes, we may have not been very prepared. But I don’t think anyone has the chance to say that now. In 2008, the interim Elections Commission was formed and the Elections were held in the next month. But it is not the case now,” Thowfeek said.

Thowfeek also reiterated that the commission had successfully held the local council elections in 2010, which was far more complex than a presidential election.

“Unlike the local council elections, in a presidential election, only one common ballot paper is used throughout the country. In 2010, there were separate ballot papers for 19 atoll councils, 2 city councils, and for all island councils,” Thowfeek explained.

He also said that, like any other institution, the EC would also examine matters that could be reformed but assured that it had no serious concerns regarding the facilitation of September’s poll in a free and fair manner.

He added that the commission was addressing the issues raised by the PPM and said that it would hold a presentation session with all political parties regarding the IT system in use.

“With all the resources we have, I think we are doing exceptionally well. We will continue to address issues raised regarding the elections.”

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PISCES “enhancements” will match Nexbis technology: Defence Minister

Defence Minister Mohamed Nazim has said that “enhancements” will be made to US Government-supplied border controls in the next few days, amidst allegations the technology is not an adequate replacement for the scrapped Nexbis system.

Amendments will be made to the Personal Identification Secure Comparison and Evaluation System (PISCES) installed this week in order to ensure the US technology “matches” the capabilities of a previous border system provided by Malaysia-based IT group Nexbis, Nazim told Minivan News yesterday (August 21).

Nexbis’ border control system, used at Ibrahim Nasir International Airport (INIA) since September 2012, was replaced on August 20 following the government’s decision to terminate its concession agreement for the use and management of the system.

The US-provided PISCES system would only provide one of several functions afforded by the “total solution” Nexbis had installed, alleged a local source experienced in working with both border control systems. The source spoke to Minivan News on condition of anonymity.

The two systems are not compatible – at present PISCES can handle just one of the many modules managed by technology provided by Nexbis, the source continued.

“Nexbis provided a total solution that not only allowed for checking of biometric data, but would also be used to process visas and work permits.”

By comparison, the source claimed that PISCES was expected to serve effectively as an extension of the US government’s own border tracking system, allowing the country – as well as Maldives officials – to monitor the movements of specific individuals passing through the country.

Meanwhile, Nazim claimed that PISCES, which went into operation at INIA yesterday (August 20), was continuing to be developed by US and local authorities in order to meet the criteria required by Maldives immigration officials.

“During training [to use the system], we realised that we needed to do enhancements,” he said.

US officials are continuing to work with authorities to provide PISCES technical support, which had been provided as a “free gift” by the US government under a Memorandum of Intention agreed in March this year, added Nazim.

Asked if the country’s border controls could be open to abuse while these enhancements were being implemented, Nazim responded that several amendments were expected to be completed in the coming days.

“Total solution” to be replaced with “terrorist tracking”

The Department of Immigration and Emigration has confirmed that the PISCES system came into operation yesterday morning, with officials representing Nexbis and the government present to oversee the transfer of technology.

The system was functioning and had been transferred without many issues after coming online this week, said Immigration Department Spokesperson Ibrahim Ashraf.

PISCES is still presently reliant on data from the Nexbis system, though technical staff from the Malaysian firm and the Immigration Department were currently working on transferring the necessary information, said Ashraf.

However, immigration officials today requested Minivan News contact the Ministry of Defence over alleged challenges resulting from the implementation of the PISCES system.

A spokesperson for the US Embassy in Sri Lanka reiterated comments made in an official statement released in March that the system had been “tailored to the Maldives’ specific border control needs”.

Nexbis last week rubbished the Maldivian government’s reasons for terminating their agreement to build and operate a new border control system, accusing human traffickers – fearful of a more comprehensive system – of being behind the decision.

“The US PISCES system that is meant to replace the MIBCS [Nexbis system] is not a border control system nor is it an immigration solution, rather it is a terrorist tracking system that simply captures information of travellers and Maldivians who transit in and out of the country,” read an official statement.

In June, the Maldives was placed on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year.

The PISCES system, designed by US tech firm Booz Allen Hamilton, has already been implemented in numerous other countries around the world, including Pakistan, Afghanistan, Iraq, and Thailand.

Nexbis’s statement also took issue with Defence Minister Nazim’s claims that the installation of its system was causing “major losses” to the state – this claim was reported in local media on August 6 when the Malaysian company was informed it had 14 days to vacate the country.

Nexbis contended that the official notice of the termination it had received contradicted the statement given by the Defence Minister.

The company argued that its system was also installed and operated free of charge, and that the US$2.8million it had billed the government was the amount due for the arrival and departure of foreigners as per the original agreement.

The terms of the agreement are governed under Singapore law, as are those of the GMR airport contract – terminated in November last year. The cancellation of this deal, the largest foreign direct investment in the country’s history, has led the GMR to seek US$1.4billion in compensation.

The Nexbis deal has been dogged by allegations of corruption since it was agreed under the government of former President Mohamed Nasheed in 2010. The failure of the Anti-Corruption Commission (ACC) to conclusively prove foul play in this respect has exonerated Nexbis from such charges, the company has claimed.

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Dr Samad’s condition stable: Foreign Ministry

Foreign Minister Dr Abdul Samad Abdulla is now in a stable condition but remains in intensive care following a severe heart attack yesterday morning, the Ministry of Foreign Affairs has reported.

A statement from the the Indian Government expressed the deep concern the Minister of External Relations had for Dr Samad’s health. Mr Salman Khurshid has written to his Maldivian counterpart wishing him a “speedy recovery”.

Dr Samad, 67, was rushed to Singapore’s Mount Elizabeth hospital after becoming ill. He was reportedly in the country for kidney dialysis treatment.

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British media identify tourist drowned off Summer Island

British newspapers the Sun and the Daily Mail have identified the tourist killed at the Summer Island Village resort earlier this week as 34 year old Stuart Chance from Lincolnshire.

Mr Chance is reported to have travelled to the Maldives with his parents, who are regular visitors to the resort in Male’ Atoll. He is said to have drowned whilst snorkelling on Tuesday (August 20).

The Foreign Office is reportedly looking into Mr Chance’s death, though local police reportedly told Mr Chance’s family that his death was being treated as an accident.

Snorkelling incidents are the most common cause of tourist fatalities in the Maldives.

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Maldives High Court overturns flogging sentence for 15 year-old charged with fornication

The High Court has today overturned a Juvenile Court decision to sentence a 15-year old to 100 lashes after she was charged with fornication.

The case of the minor, who was previously found to have been a victim of sexual abuse, has garnered global media attention and condemnation from numerous human rights groups.

At the same time, an online petition calling for her sentence to be revoked has been being signed by over two million people.

Despite today’s hearing being held behind “closed doors” (as per Article 42 of the constitution), the High Court later released a statement with details of the verdict.

According to the statement, the High Court decided to revoke the minor’s sentence after she denied confessing to having consensual sex with an unknown partner during the Juvenile Court trial.  Authorities previously said the minor had confessed to having consensual sex during a separate investigation into her sexual abuse.

According to Islamic Fiqh scholars, a confession of fornication can be retracted before the resulting sentence is carried out in full, the High Court statement added.

It was further noted by the court that there were discrepancies in the statement given by the girl to the Juvenile Court. The High Court concluded the minor, found to be suffering from post-traumatic stress disorder, was also unable to correctly define pre-marital sex according to the law.

The High Court argued that its verdict had been based on the evidence that the girl was ‘unfit for trial’ during investigations into her alleged abuse and the subsequent Juvenile Court hearings against her.

The court said that the minor had provided her original statement in the capacity of a ‘victim’ and not a suspect, and that authorities had therefore not given her the fundamental rights legally required of a suspect in a crime.

The statement concluded by saying that the panel of judges presiding over the case did not believe that the Juvenile Court had enough evidence to prove beyond any doubt the charges against the girl.  ‘Hadd’ sentences cannot be issued unless a crime can be proved beyond any doubt, the High Court argued.

To date, the girl remains under the care of the state, serving the sentence of house arrest at the children’s shelter on Vilimale’.

Successful appeal

The High Court verdict was issued after the conclusion of an appeal case against the Juvenile Court’s ruling, which was submitted by the Attorney General’s Office on March 27.

In January, the Prosecutor General’s Office claimed that charges of fornication had been raised against the girl “after extensive assessment of the case”, and that they had “no intention of reversing the decision”.

According to local media, Attorney General Azima Shakoor and officials from the Human Rights Commission of Maldives (HRCM) were present at the closed door hearing held today (August 21).

Vice President of the HRCM, Ahmed Tholal, stated that the commission had worked to protect the victim from the beginning of the case.

“It is due to the negligence of all state authorities that the case went as it did, subjecting her to an undeserved sentence while she was already a victim of abuse,” he said.

President’s Office Media Secretary Masood Imad described the High Court ruling as a “fantastic” development that he believed vindicated President Mohamed Waheed Hassan’s stance to have the flogging sentence overturned through the Maldives’ court system.

“The president has continued to stress his intention of having the case overturned by following the process of law. He has got it done by law, which is fantastic,” he stated.

Masood added that the government’s determination to have the sentence overturned was “typical” of President Waheed’s tenure as head of state since coming to power in February 2012.

Asked what impact today’s judgement might have on the government’s previously stated commitment to overseeing legal reforms of the treatment of sexual abuse victims and the use of flogging as a punishment, Masood requested contacting the Attorney General’s Office.

Attorney General Azima Shakoor was not responding to calls at time of press.

Victim accused

In June 2012, the victim gave birth to a baby that was later discovered buried in the outdoor bathroom at her residence. Her stepfather was subsequently charged with sexual abuse of a child, possession of pornographic material, and committing premeditated murder.

Meanwhile, her mother was charged with failing to report child sexual abuse and with concealing a crime.

In January, an official of the Prosecutor General’s Office stated that the charges of fornication were levied in relation to a separate offence of premarital sex that had emerged during the police investigation into the baby’s death.

Sources from Feydhoo, in Shaviyani Atoll, where the girl is from, previously told Minivan News that islanders had raised concerns regarding the minor as far back as 2009. Local people were said to have suspected that the girl had been the victim of sexual abuse, not just by her stepfather, but also by a number of other unidentified men from the island.

The Attorney General’s Office appealed the case on March 27.  The announcement was made on the back of appeals from international human rights advocacy organizations and Avaaz.org, which launched an online petition – gaining over two million signatures.

The UN at the time released a statement which noted allegations that the child had been a victim of long-standing sexual abuse:

“Under international legal human rights obligations of Maldives, corporal punishment, including flogging, amounts to cruel, inhuman or degrading punishment or even to torture.”

Meanwhile, the religiously conservative Adhaalath Party, which heads the Ministry of Islamic Affairs in the current administration, previously declared that the 15 year old rape victim “deserves the punishment”.

“The purpose of penalties like these in Islamic Shariah is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts of torture,” said the party.

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Police Integrity Commission to investigate Commissioner Riyaz’s tweet

The Police Integrity Commisson (PIC) has confirmed that it is investigating a tweet posted by Police Commissioner Abdulla Riyaz.

Riyaz yesterday posted a letter he claimed to have been sent, urging the police to “say no” to former President Mohamed Nasheed on September 7, just as they had on February 7 – an event the author described as a “jihad”.

The letter, addressed to the entire police force, praised it for its “patience” in the face of Nasheed’s “cunning” and “malicious” actions during his presidency.

Whilst not responding to inquiries from Minivan News today, Riyaz is reported to have told local media that he had no specific intentions in mind when re-posting the letter.

Elections Commissioner Fuwad Thowfeek today told Minivan News that his office had received a complaint regarding the letter, and had opted to forward the issue to the PIC.

When asked about his recommendations regarding the social media activities of public officials in the run-up to the presidential election, Thowfeek urged restraint on the part of members of all independent commissions – including the Elections Commission – the police, and the MNDF

“It is advised to be as neutral as possible – even on Facebook – so there will be nothing to complain about,” he added.

EC Legal Director Haneefa Khalid currently facing an internal investigation after the Progressive Party of Maldives (PPM) accused her of posting  “politicised” tweets.

President Dr Mohamed Waheed told local journalists yesterday that he imagined the tweet had been posted in the commissioner’s personal capacity. When pressed on the appropriateness of such a post, Waheed said that he could not comment further without more information.

Whilst President’s Office Spokesman Masood Imad told Minivan News today that he was not personally aware of the Riyaz tweet, he said the government would “express concern” over any such post which threatened free and fair elections.

“We caution everyone in the country to follow election guidelines and not to play into the hands of anyone looking to undermine free and fair voting. Everyone must exercise judgement,” he added.

Commissioner Riyaz last month posted an interview on the police service website maintaining that the organisation would refuse to follow any orders deemed unconstitutional.

“Whichever individual becomes president tomorrow can no longer just change the constitution, the existing law. That individual, holding the presidency, can only bring such big changes with a parliamentary majority,” said Riyaz.

February’s controversial transfer of power came after units of the police refused to obey former President’s Nasheed’s orders, with Nasheed resigning from office soon after.

Days earlier, Nasheed had ordered the detention of Criminal Court Chief Judge Abdulla Mohamed after the latter had blocked investigations into his own misconduct.

Nasheed’s decision was later described as in breach of the constitution by the Human Rights Commission of Maldives (HRCM).

Riyaz was appointed commissioner immediately after Nasheed’s resignation, which Nasheed and Maldivian Democratic Party (MDP) would later claim was a police coup.

The allegations were later rejected by a Commonwealth-backed Commission of National Inquiry (CoNI) that ruled that there had been “no coup, no duress and no mutiny”, while also calling for action taken against unlawful acts committed by the country’s security forces following the transfer.

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PPM requested access to Elections Commission IT software: Elections Commissioner

Amid constant attacks on the Elections Commission’s (EC) internet server and concerns over voter database security, Commissioner Fuwad Thowfeek has revealed that the Progressive Party of Maldives (PPM) had previously requested access to the commission’s IT section.

Despite admitting their ongoing concerns in this matter, the PPM have denied asking for this kind of access.

The EC’s internet server is currently facing continuous attacks from hackers both within the Maldives and abroad, although EC Commissioner Fuwad Thowfeek has previously dismissed rumours that any such attempts had been successful.

Earlier this month, PPM and Jumhooree Party (JP) lodged a complaint with the EC expressing fears that foreign nationals had access to the Maldives’ voter database for the upcoming presidential election. The EC has sought assistance from Indian IT professionals to set up software in order to oversee future council elections.

Earlier this year, the Elections Commission of India (ECI) and the Maldives’ Elections Commission agreed on a roadmap for cooperation that includes jointly developing an assistance project to enable free and fair elections later this year.

In response, the EC met with a “combined team” representing the JP and PPM to dismiss these fears, explaining that only local staff had access to sensitive information or the commission’s security systems.

Thowfeek further explained to Minivan News today (August 21) how the commission had addressed the PPM’s concerns.

“A few times they have come and met me – twice a delegation from PPM came and met me and once a delegation met the vice chair of the elections commission,” said Thowfeek.

“We attended to almost all their requests, but there are some demands that we cannot meet. For example, one of their demands was to see our IT section,” he continued.

“They wanted to see the hardware and software of our network system, which we cannot do and we are not ready to do for the safety and security of our system,” he explained.

“We conducted local council elections – which were much more complex and complicated [than the presidential election] – without any problems. And we have also held three parliamentary by-elections and over 20 local council by-elections,” he continued.

“In each election or by-election there were complaints [filed], but no one has ever complained about the members of the Elections Commission.”

“[Now] suddenly they have started questioning our competence and ability, this is very strange,” he noted.

“We have given really clear answers to them. We are not hiding anything. We are very transparent. Everything is really clearly explained, so I don’t understand,” Thowfeek added.

“President Waheed and President Nasheed are very confidant in this commission, they have no complaints at all,” he noted. Based on the feedback the commission has received, “the public recognises our efforts and they have confidence in us.”

“So it is very strange when suddenly the PPM found this type of problems with us,” he added.

Thowfeek expressed confidence in the “really good, professional” work the EC has been doing and does not believe that the PPM has any grounds for legal action.

PPM’s response

PPM MP and Spokesperson Ahmed Nihan denied that the party had requested access to the EC’s IT section to see its hardware and software while speaking to Minivan News today.

“No, we did not ask to see the EC’s hardware or software, just regarding the officials and their allocated tasks,” said Nihan.

He explained that PPM and JP raised the issue two times and in a written letter “as we do not know the Indian IT officials.”

“We are still quite uncertain and unsure why these people are here at this time,” Nihan continued.

“The EC should be very much clear about about this assistance, who the people are, where they are from, etc. They should be very carefully and clearly letting people know about who has access to [voter] data,” he continued.

Software hackers gaining access to the EC’s voter database remains an additional security concern of the PPM’s.

“We have heard unconfirmed rumors that hackers had gained access to the voter re-registration database, which was shocking,” said Nihan. “We’ve lost faith in all of the EC and the institution’s functionality – they are dysfunctionally handling everything.”

“The EC seems to be agitated and counterattacking. We really regret that EC officials lack the responsibility to reply, [instead] they go on media and attack us,” he continued.

Nihan claims that the EC had deleted all the election registrations from the previous elections –  repeating claims that deceased voters were still registered. He also alleged that the commission has hired very naive and fresh recruits.

“Even during the Ungoofaaru by-election we had these complaints,” he said.

Since the EC is run from public money with parliamentary approval, the PPM is seeking a legal resolution for their “unaddressed” concerns, explained Nihan.

He added that the PPM’s vice presidential candidate Dr Mohamed Jameel Ahmed was heading a team charged with gathering similar complaints.

“If we find enough evidence we will take the EC to court,” said Nihan.

Despite his insistence that the party would take legal action should it find enough evidence, Nihan explained the importance of holding free and fair elections and that the party would not want to hinder the election by filing a court case.

“We are all prepared to give the Maldives an election, which is most important,” said Nihan.

“If there is anything from us [filed in court], it would not be the best practice for democracy,” he added.

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