Day: October 26, 2013

Dr Latheef cannot be sworn in to JSC due to Supreme Court judgment: President’s Office

Cabinet Secretary Dr Abdulla Nazeer told parliament’s Government Oversight Committee on Thursday (October 24) that the President’s Office could not organise a swearing-in ceremony to formalise Civil Service Commission (CSC) Chair Dr Mohamed Latheef’s appointment to the Judicial Service Commission (JSC) due to a Supreme Court ruling declaring that parliament’s removal of former CSC Chair Mohamed Fahmy Hassan was unconstitutional.

Dr Latheef was appointed chair of the CSC by parliament in August with 60 votes in favour. While the chair of the CSC is also an ex-officio member of the JSC, Dr Latheef has yet to be formally appointed to the judicial watchdog body by the President’s Office.

Responding to queries regarding the delay from MPs on the oversight committee last week, President Dr Mohamed Waheed’s cabinet secretary said that the Attorney General had advised that Dr Latheef could not be sworn in to the JSC due to the Supreme Court judgment.

Dr Nazeer repeatedly insisted that a solution to the impasse must be found either by the People’s Majlis or the Supreme Court.

Asked who the current chair of the CSC was, Nazeer replied: “To tell you truth, I do not know. So someone should clear this up.”

While he was unaware which of the two received the salary and benefits of the CSC chair, Nazeer said the President’s Office does not state the name of the commission’s chair in official correspondence with the CSC.

In November last year parliament voted 38–32 in favour of removing Fahmy after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female CSC employee.

The Supreme Court however overruled parliament in March this year on the grounds that the committee allegedly violated due process and criminal justice procedures in its sexual harassment inquiry, and that Fahmy would receive two punishments for the same crime if he was convicted at court (double jeopardy).

Parliament had approved a replacement for Fahmy – Fathmath Renee Abdul Sattar – in August this year with 51 votes in favour and none against. However, shortly before a swearing-in ceremony at the President’s Office to present Renee her credentials, the Supreme Court issued an injunction to block her appointment.

However, the following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

Former JSC member Aishath Velazinee has argued that the Majlis was given authority over CSC appointments in 2010, describing the Supreme Court’s move as a “mutiny”.

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Singaporean company sues three government ministries over lagoon lease

A Singaporean company called Prime Capital has sued three government ministries for alleged breach of an agreement signed with the company by Tourism Minister Ahmed Adheeb and Finance Minister Abdulla Jihad to lease the Fushidhiggaru lagoon in Kaafu atoll.

According to newspaper Haveeru, the lawsuit filed at the Civil Court on September 19 states that the ministers signed an agreement to lease the lagoon to be developed as a special tourist zone by a joint venture company (JVC) with a 25 percent stake for the government. The lagoon was to be leased for a 50-year period with the government to receive 30 percent of profits from the venture.

However, the Economic Development Ministry refused to approve registration for the joint venture company citing lack of authorisation from the president as required by law. The company is suing the Tourism Ministry, Finance Ministry and Economic Development Ministry and asking for a court order to compel the latter ministry to register the JVC.

The lawsuit also stated that the company was facing financial losses due to the government’s failure to hand over the lagoon in accordance with the agreement signed in January 18. A hearing of the Civil Court case has not been held yet.

The company also submitted a letter signed by Tourism Ministry Deputy Director Hassan Zameel sent to the Economic Development Ministry asking for approval of the registration.

Both Adheeb and Jihad had previously denied signing an agreement to lease the Fushidhiggaru lagoon.

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MNDF storms Majlis arrests MP Ali Azim

The Maldives National Defense Forces (MNDF) has stormed the People’s Majlis and arrested Maldivian Democratic Party (MDP) MP Ali Azim today after the Supreme Court stripped Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliamentary seats over decreed debt on Thursday (October 24).

The Parliamentary Privileges Committee, in a statement on Friday, said they do not accept the Supreme Court’s “politically motivated” verdict as it was issued in contravention of the Supreme Court’s procedures.

Lines of grey clad security officers with their arms intertwined blocked the main entrance to the Majlis this morning ahead of an extraordinary session scheduled to discuss interim arrangements should a president-elect not be determined at the end of the current presidential term on November 11.

The security officers refused to allow Azim entry as MDP MPs advocated in support of Azim. The MP for Malé signed the Majlis attendance roster despite the officers’ attempts to block him. Shortly afterwards at approximately 10:00 am, fifteen combat clad soldiers arrived at the Majlis, stormed the building, surrounded Azim and removed him from the Majlis premises.

In the ensuing scuffle, DRP MP Mohamed ‘Colonel’ Nasheed was pushed to the floor. The MNDF then turned Azim over to a waiting police can outside the Majlis gates. Government aligned MPs cheered the MNDF’s actions.

A statement released by the MNDF this morning read: “We have handed over Ali Azim to the Maldives Police Services after he assaulted security officers at the People’s Majlis and disobeyed officer’s orders. The Supreme Court has stripped Ali Azim of his seat.”

This morning’s statement contradicts a statement issued last night in which the MNDF said its role was to oversee security at the Majlis, not to determine who can enter its premises.

“The Maldives National Defense Forces are mandated with overseeing People’s Majlis security. It is People’s Majlis Speaker who decides those who can enter the building,” the statement said.

The parliamentary regulations also state the Majlis premises are controlled by the Majlis Speaker. Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, hall, the pathways and corridors leading to the hall within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

According to MDP parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih, the Speaker had sent a letter to the MNDF stating that Azim can enter the Majlis, but had not been able to reach the Chief of Defense Forces following the letter.

Suspension invalid

The Parliamentary Privileges Committee, in its Friday statement, said that Azim and Nashiz’s parliamentary membership continues despite the Supreme Court ruling.

“The parliamentary privileges committee, at its 21st sitting, has decided that the Supreme Court’s stripping seats of MPs Ali Azim and Mohamed Nashiz is invalid and their seats are not vacant and their parliamentary membership continues,” the statement said.

The committee expressed concern over the verdict saying, “Hearings in the case were concluded over a year ago, but the case was fast tracked and a sentence was issued in absentia. This is a politically motivated act to obstruct the no-confidence motions scheduled against a cabinet minister.”

“We believe the ruling violates the Supreme Court’s procedures. One Supreme Court Justice had received the statements the day before and has asked for a delay until Monday to research the case and prepare an opinion. But he was not given the opportunity to do and the ruling was issued without his opinion,” the statement read.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority Supreme Court verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

Arrested for assault

Azim, MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

Rozaina has released a Civil Court letter on twitter stating that Nashiz has no decreed debt.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament – the MDP had 34 seats.

The police have confirmed Azim’s arrest and said they are investigating an “individual for forcibly entering the Majlis premises, attacking officers and disobeying soldier’s orders” at the request of the MNDF.

Speaking to local broadcaster Raajje TV, Azim’s lawyer said the MP is being charged with assault and is currently being treated at the hospital for injuries sustained during his arrest.

The MDP has condemned Azim’s arrest and said “We condemn in the strongest terms, the security force’s attack on parliament members and attempt to dishonor the Majlis.”

The party has called on the Prosecutor General Ahmed Muizz to launch an investigation immediately.

Meanwhile, the Majlis secretariat has announced it is hiring an independent Sergeant at Arms to oversee security of Majlis sittings and parliamentary committee hearings.

Progressive Party of the Maldives (PPM) MP Ahmed Mahloof told local media Azim assaulted PPM presidential candidate and MP Yameen Abdul Gayoom this morning.

Meanwhile, MDP MP Hamid Abdul Gafoor remains holed up at the Majlis after the Crminal Court ordered the Police to arrest Hamid and present him to court over refusal to provide a urine sample.

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Media Council expresses concern with court ordered police investigation of Raajje TV

The Maldives Media Council (MMC) has expressed concern with the Supreme Court asking police to investigate a report aired by opposition-aligned private broadcaster Raajje TV.

The MMC noted in a press release yesterday (October 25) that attending complaints concerning the content of Maldivian media outlets and taking measures was within the legal mandate of the media council and the Maldives Broadcasting Commission (MBC).

“The Maldives Media Council Act states that it is the media council that should investigate issues concerning press freedom and take measures. And a police investigation of such a case would be an obstruction of the press freedom established in the Maldives as well as an act that would instil fear in the hearts of journalists,” the statement read.

The MMC statement concluded by urging all state institutions to submit complaints regarding the media to the council and to “respect the laws and the bounds of the constitution.”

According to local media reports, the Supreme Court asked both the police and the broadcasting commission to investigate the Raajje TV report.

Mohamed Shaheeb from the broadcasting commission told newspaper Haveeru that the Supreme Court ordered the commission to share the findings of its investigation within 10 days.

Shaheeb noted that the law gave the commission 60 days to investigate complaints, adding that it had to provide sufficient time to the accused media outlet to respond to the charges.

The offending programme on Raajje TV reportedly compared the state of the Maldivian judiciary to the injustice of ancient Sodom.

Following an arson attack that destroyed the headquarters of Raajje TV on October 7, Reporters Without Borders criticised the police’s failure to defend the station despite repeated requests for police protection.

“Contempt of court”

The Supreme Court has previously asked the police to investigate lawyers and MPs for alleged contempt of court for publicly criticising the judiciary.

In February 2013, the Supreme Court suspended lawyer Abdulla Haseen after he criticised the judiciary in an appearance on Raajje TV.

Haseen was barred from advocating in any court in the country while the Supreme Court asked police to investigate him for contempt of court.

The Prosecutor General’s Office however decided not to prosecute Haseen after police concluded its investigation.

However, opposition Maldivian Democratic Party MPs Imthiyaz Fahmy and Alhan Fahmy have been charged with contempt of court after allegedly defaming the Supreme Court.

In a comprehensive report on the Maldivian judiciary released in May, United Nations (UN) Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, expressed concern over “the case of a lawyer who had been indefinitely suspended by the Supreme Court for allegedly criticizing one of its judgements in public”.

“Such a suspension leaves no avenue for appeal and review and it represents a violation of the rights of the lawyer. The Special Rapporteur is also concerned about reports regarding threats of contempt of court used to muzzle the freedom of expression of lawyers,” the report stated.

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Defence Ministry alerted to possible threat to former President Nasheed’s life

The Ministry of Defence and National Security has been alerted by the Office of President Mohamed Nasheed to possible dangers to the life of the Maldivian Democratic Party (MDP) presidential candidate.

“According to sources, two Al-Qaeda agents have been employed for an attack on President Nasheed and are currently in Male’. The Office has requested the Ministry of Defense and National Security’s Intelligence to launch an investigation into the matter and to share findings with this office,” read a press statement from the former president’s office.

Following the request for an investigation, the Maldives National Defence Force (MNDF) issued a press release yesterday (October 25) stating that it was making inquiries and working with the Maldives Police Service (MPS) to investigate the matter.

“And President Mohamed Nasheed’s security has been strengthened better than before,” the MNDF said.

The press release added that providing security for high-level officials of the state was the responsibility of the MNDF and was therefore treated as “a high priority.”

Article 128 of the constitution entitles former presidents to “the highest honour, dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land.”

Head of Security for the former president, Ameen Faisal, told Minivan News that they had been made aware of the threat on Thursday (October 24).

“We have been hearing of this threat many times…Last night we heard about it and thought we can’t make it a joke, we have to take it seriously now,” the former defence minister and national security advisor said.

Former Head of Police Intelligence Chief Superintendent ‘MC’ Mohamed Hameed told the parliament’s Executive Oversight Committee in January this year that the police had received information about two separate assassination plots against former President Nasheed.

Speaking in the same committee in January, former military intelligence head Brigadier General Ahmed Nilam claimed to have received information about an assassination attempt planned to have been carried out during an MNDF live-fire event.

Former Minister of Human Rights under the current administration, Fathimath Dhiyana Saeed, last year also alleged assassination plans against Nasheed by local politicians.

Nasheed reacted to Dhiyana’s claims by acknowledging them as credible, commenting that he had received information from government intelligence sources of plots to assassinate him.

“I did get information from the Ministry of Defence that the intelligence got reports of planned assassination attempts. I had knowledge of this before,” said Nasheed.

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Week in review: October 12 – 25

The past fortnight has been dominated by the build up to, and the fallout from, the re-scheduled presidential elections. Due to take place on October 19, the poll was delayed at the eleventh hour when police blocked the removal of documents from the Elections Commission (EC).

The police’s decision – later criticised by the Human Rights Commission as well as the EC – came after the EC had been unable to obtain the signatures of the candidates as mandated by the Supreme Court for the completion of the voter registry.

Both Progressive Party of Maldives (PPM) and Jumhooree Party (JP) candidates had broken off contact with the EC, just as the commission neared completion of a frantic drive to re-register over 70,000 voters in less than two weeks.

The EC’s efforts were further placed in jeopardy by the court’s maintenance that any concerns regarding fingerprint verification must be addressed – a task that the commission maintained was beyond its capacity.

Re-registration was made harder still when PPM and supporters of its coalition ally the Maldivian Development Alliance (MDA) caused chaos in the re-registration queues after a systems malfunction. The police were again criticised by the EC for failing to come to its aid in a timely manner, with Chair Fuwad Thowfeek (fore-)telling Minivan News “there are people who want to block this vote”.

The police subsequently defended its role in delaying the election.

JP and PPM officials re-surfaced in the afternoon prior to the polling date to state that they would not sign the register without further verification – of 10 and 5 percent of fingerprints, respectively – before both parties returned to the Supreme Court, requesting the further delay of polls.

When the court failed to accede to these requests, the police obliged, prompting the Maldivian Democratic Party (MDP) to take to the streets in a peaceful sit-down protest that covered the length of Male’s main thoroughfare and beyond. In a rousing speech MDP candidate Mohamed Nasheed vowed to “establish good governance in the Maldives”.

Two nights of these protests followed, as did meetings between the EC and political parties, before the election was moved to November 9 – with a potential run-off scheduled for the 16th. The Supreme Court, however, has already deemed that its prior guidelines must be followed to the letter.

After deciding to withdraw his own candidacy for the new poll, President Waheed publicly expressed his doubt over credibility of the scheduled October 19 vote.  Waheed also stated his refusal to acknowledge the five percent vote he had received in the first (annulled) poll.

In his latest foray into Maldivian politics, British businessman Richard Branson revealed this week that he had been on the verge of writing to Waheed to congratulate him on his handling of the democratic process before the vote’s deferral.

Waheed’s calls, the day before the scheduled vote, for parties to cease obstructing polling fell on deaf ears, as have his calls for conciliation. Waheed suggested to Indian media that he would threaten to resign if necessary, a sentiment strongly supported by Nasheed.

Fierce rhetoric has refused to abate in the aftermath of the cancelled vote, with the two presidential coalitions launching attacks on the EC, after having focused on one another prior to the 19th.

JP presidential candidate and MP Gasim Ibrahim called for the Majlis to declare a state of emergency in order to pursue criminal charges against the EC and Chair Fuwad Thowfeek – whose superhuman efforts prompted an outpouring of support from the public.

Meanwhile, the prospect of the court invalidating Nasheed’s candidacy altogether remains on the table as PPM council member Ibrahim ‘Wadde’ Waheed refused to defer to the requests of his leaders and withdraw his court case.

The MDP – who now enjoy a Majlis majority with the Dhivehi Rayyithunge Party (DRP) – tabled multiple no-confidence motions against senior cabinet members, as well as legislation to ensure the orderly transition of power from the executive to the speaker should the presidential term end (on November 11) without a successor having been chosen.

This flurry of activity in the legislature prompting the Supreme Court to fast-track the suspension of two MPs on charges of decreed debt.

Elsewhere

Aside from the elections, the police received continued criticism from Raajje TV regarding the station’s arson attack, with its chairman seeking international assistance to find the perpetrators.

One officer who failed to return from accompanying the ballot box to the UK was caught out on social media as he tweeted about his attendance at Arsenal’s Champions League game this week.

Following a suicide in Male’ in a location frequented by drug users, the National Drug Agency warned of a potentially lethal drug in circulation.

Finally, global climate justice NGO 350.org told Minivan News this week that the recent IPCC report only strengthened the world’s need for climate justice advocates such as former President Nasheed.

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