Month: October 2013

Attack on Indian High Commissioner’s car branded “cowardly” by President’s Office

An attack on the official vehicle of the Indian High Commissioner to the Maldives has been described as “cowardly” by the President’s Office.

The rear window of High Commissioner Rajeeve Shahare’s car was smashed yesterday evening whilst parked outside of the High Commission in Male’.

A statement released by the Indian High Commission describes the attack, whilst noting that a police officer was observed by High Commission security staff as witnessing the attack but failing to react.

“The Indian High Commission security guards observed on the close circuit TV that the culprit purposefully approached the Indian flag car, pelted two metallic objects at the car one of which smashed the rear windshield, and ran away thereafter,” said the statement.

“It is evident that there was malicious intention to cause damage to the property and perhaps to the occupant of the car. Importantly, the High
Commissioner was in the car just a few minutes before the attack,” it continued.

The attacked was reported to police at around 6:45pm yesterday.

The President’s Office today assured that such attacks against foreign diplomatic personnel and property would not be tolerated.

“The close and friendly relation that exists between the Maldives and India is based on mutual respect, understanding and reinforced by a shared vision of a better future for our people,” it continued.

“The government and the people of the Maldives deeply appreciate the immense contributions made by India towards the development of Maldives and consider India our closest ally. The Maldives’ government is confident that the close relations that exist between our two countries will continue to strengthen.”

The incident had also received widespread condemnation from both sides of the political divide in the Maldives, with both former Presidents Maumoon Abdul Gayoom and Mohamed Nasheed taking to social media.

Police have called for public assistance in tracking down the perpetrators.

“Any person who steps forward to provide any information will be given all due protection to ensure their safety,” read a police statement.

The Maldives’ traditionally close ties with India have come under increasing strain under the current government, with the cancellation of the deal to develop Ibrahim Nasir International Airport  in December 2012 the most contentious issue.

The 25 year, US$500million, lease signed with Indian infrastructure company GMR was terminated after a long and at times xenophobic campaign from government aligned parties.

The campaign sparked a diplomatic row after President’s Office spokesman Abbas Adil Riza accused Indian High Commissioner D.M. Mulay of being a “traitor and enemy of the Maldives and the Maldivian people”.

The President’s Office quickly distanced itself from these remarks. Both men have since left their posts.

GMR is currently seeking US$1.4billion in compensation in a Singaporean court of arbitration – a figure greater than the Maldives’ annual state budget.

On February 15 this year, the Indian government revoked a special quota afforded to the Maldives for the import of aggregate and river sand, resulting in a weakening of the construction sector in 2013.

The Indian High Commission itself became the scene of political drama as former President Nasheed temporarily sought refuge inside the diplomatic mission after police attempted to arrest him to ensure his appearance in court.

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“We in the EU should apply maximum pressure to reverse this judicial coup,” says European MP

Charles Tannock, Conservative Member of the European Parliament (MEP) has told a plenary session of the EU parliament in Strasbourg that organisation should apply “maximum pressure”  to reverse what he described as a “judicial coup” in the Maldives.

“The people of the Maldives deserve better than this: they must have their voices heard, and their decisions respected. The constitutional crisis in Male which looms if a new President is not elected before the current President’s mandate expires could spell disaster for this small but dignified nation,” Tannock told the 766 member legislature.

The MEP went on to call for politicians to put the interests of their country ahead of their own careers and “a small band of disfavoured elites allied to ex-President Gayoom and Islamist parties, who determine the country’s future.”

“I believe the Maldives could face a very strong and unwelcome response from the international community if these failings are not mended, he told journalists following the session.

“I am sure that no regime there would find it comfortable if governments began advising their citizens not to visit as tourists because of the dire state of human rights including particularly women’s rights and the lack of basic democratic freedoms.”

EU High Representative Catherine Ashton said she was “deeply concerned” following the most recent delay in the Maldives presidential elections.

“The EU reiterates its confidence in the impartiality and efficiency of the Maldivian Election Commission. It recalls that elections cannot successfully be held if the process can be repeatedly brought to a halt through legal injunctions,” she said in a statement.

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Police unable to summon MP from refuge in Majlis

Additional reporting by Zaheena Rasheed

The Criminal Court cancelled this morning’s hearing into the case of Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor who is being charged with refusal to provide a urine sample.

The Police told the Criminal Court they are unable to summon Ghafoor as per the arrest warrant because the MP is  currently residing within the inviolable premises of the People’s Majlis.

In reply to a police request to detain Ghafoor, the Majlis Speaker Abdulla Shahid, in reference to Article 11 of the Parliamentary Privileges Act, told the police an MP cannot be summoned to court when Majlis sittings or parliamentary committee hearings are scheduled.

The speaker warned such an act is punishable by law, stating: “Any act that violates the People’s Majlis immunity, honor and functioning and committed in contravention to the [Parliamentary Powers and Privileges] Act will breach the Majlis privileges.”

He also stressed that the time at which today’s trial was scheduled is the normal time parliament sittings have started every day since May this year.

Last Thursday, the Criminal Court issued a warrant to arrest and summon Ghafoor to the court, but the MP took refuge in the parliament building on the same day. Ghafoor is also being charged with possession of alcohol. He was arrested along with MDP MP Abdulla Jabir and eight others on Hondaidhoo Island in November last year

Speaking to Minivan News on Sunday inside the Majlis courtyard, Ghafoor said the courts were on “a personalized hunt” for him, and were not following due process.

Investigations into the case had been concluded a year ago. But the trial was suddenly being fast tracked to influence the MDP’s current majority in parliament, he alleged.

The Supreme Court on Thursday stripped MDP MP Ali Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their seats, though the Parliamentary Privileges Committee said they do not accept the “politically motivated” ruling.

When Azim attempted to attend Saturday’s parliamentary sitting, the Maldives National Defense Forces (MNDF) – in absence of instruction from the Speaker – stormed the building, removing Azim from the Majlis premises and turning him over to the police. Azim is currently being detained for allegedly assaulting an MNDF officer.

The police had previously arrested Ghafoor on October 7 to produce him at court.

“I’m being hunted by a corrupt judiciary”

“I’m not dealing with a court. I’m dealing with thugs. They have got armed people to produce me in court. There are no procedures. No norms,” said Ghafoor.

Recounting his treatment on Hondaidhoo Island on November 16 2012, he said that black clad police had stormed a private island, swimming onto the island’s beaches from the ocean at 4:00 am.

“They had lights on their foreheads so we could not see their faces. They came up from behind us, handcuffed us and threw us to the ground. They pushed our faces in the sand and kicked us with their boots,” Ghafoor said.

The Police Integrity Commission (PIC) launched an investigation into police conduct on Hondaidhoo Island and found the police guilty of assault of MPs Jabir and Ghafoor.

In August this year the PG filed charges against Jabir, Ghafoor and a person identified as Jadhulla Jameel, with smuggling alcohol into the country, consuming alcohol, objecting to urine testing and possession 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.

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.

If found guilty, Ghafoor and Jabir will be disqualified from their parliamentary seats.

Ghafoor said there was no other place but the parliament building for refuge, though he said he did not feel safe even at the Majlis. The MNDF storming of the Majlis to arrest MP Azim suggests they may do the same to him, he claimed.

“I am willing to stay here until the judiciary is destroyed. Now I know how helpless ordinary citizens are. I feel like I’m being hunted by a corrupt judiciary. You don’t feel good when you are being singled out. You feel like prey. You can never relax,” he said.

He spends his days reading and doing parliamentary work. His family and supporters visit him often and bring him evening tea and dinner.

“My party has been very good to me. I am always accompanied by my party’s MPs. Since I came here, I’ve been left alone only for an hour during Friday prayers. My family and supporters bring me food. I get food enough for ten people. I know they are with me,” Ghafoor said.

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Inter-Parliamentary Union requests urgent visit to Maldives

Secretary General of the Inter-Parliamentary Union (IPU), Anders B. Johnsson has written to the Speaker of the Majlis proposing an urgent delegation be sent to the Maldives.

“We are concerned that these recent developments and the continued polarisation of the political situation might imperil the Maldives’ fledgling democracy,” wrote Johnson to Speaker Abdulla Shahid.

“I propose that an IPU delegation returns urgently to the Maldives to discuss and agree with the relevant authorities and stakeholders effective steps to ensure that the parliament can fully discharge its legislative and oversight functions freely and independently and that its members can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity,” added the Secretary General.

The letter obtained by Minivan News, dated October 25, was prompted by the Supreme Court’s decision to strip two MPs of their seats last week.

Following the Majlis’s rejection of the court’s ruling, MDP MP Ali Azim’s was arrested after scuffles with the military as he attempted to enter the parliament on Saturday.

His detention has subsequently been extended for 15 days.

Johnsson’s letter also included the full text of the IPU Governing Council’s recent resolution which expressed concern at “reports of alleged arbitrary arrests, attacks and harassment of MDP members of parliament”.

The resolution, adopted earlier this month, listed 21 cases of Maldivian MPs already being monitored by the IPU with the addition of three new cases.

The IPU General Council “is alarmed at the climate of confrontation spawned by the first round in the presidential election.. [and] is deeply concerned that parliament’s authority is apparently once again being challenged in the current political crisis,” read the resolution.

“[It] is alarmed in this regard that members of parliament may be facing legal action because of opinions they expressed and positions they adopted in parliament; would like to receive the authorities’ views on this matter.”

All MPs listed by the IPU – barring murdered Progressive Party of Maldives MP Dr Afrasheem Ali – are members of the opposition Maldivian Democratic Party (MDP) which has described the prosecution of its MPs as a “purge”.

On-site mission suggested

“The urgency and seriousness of the current situation warrants an urgent on-site mission by the Committee, so that it can gather first-hand information on the allegations and ascertain the prospects for their examination and clarification in the current political situation in the Maldives,” read the IPU resolution.

The MDP last week linked the “intimidation and harassment” of its MPs to crucial votes in the Majlis concerning the imminent transition of presidential power as well as no-confidence motions against senior members of the cabinet.

The MDP’s recent alliance with the Dhivehi Rayyithunge Party – one of whose MPs was unseated by the court’s recent ruling – has given it the support of a majority of the chamber.

A motion to allow the Speaker of the Majlis Abdulla Shahid to assume the presidency following the expiration of the current term on November 11 was passed yesterday, in spite of the abstention of all government aligned MPs.

Today’s scheduled no-confidence motion against Attorney General Azima Shukoor was delayed after the AG informed the speaker that she was unwell.

The three new cases noted by the IPU General Council concerned Ali Azim, Alhan Fahmy, and the Speaker Shahid. The list also included fresh allegations concerning MPs Hamid Abdul Ghafoor, Ali Waheed, and Eva Abdulla – the Maldives’ first member of the IPU.

Eva was arrested briefly during protests against the Supreme Court’s involvement in the annulling of the presidential elections earlier this month, whilst the IPU also resolution expressed shock at reported death threats against both Speaker Shahid and MP Ali Waheed.

More recently, Ghafoor has sought protection from arrest in the parliamentary premises following a police summons to attend hearings into drugs and alcohol charges.

US ambassador Michelle J. Sison yesterday met with Shahid and Hamid, whilst US diplomat Christopher Teal called for an end to politically motivated arrests.

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Maldivian Democracy on the Brink: US ambassador

“Maldives now finds itself at a crucial crossroads.  Through weeks of political bickering and questionable delaying tactics, Maldives democracy is now in peril,” writes US Ambassador to the Maldives Michelle J. Sison for local newspaper Haveeru.

“Further delays in Maldivian Presidential elections and continued misuse of institutions have already led many in the international community to question the legitimacy of both the process, as well as the outcome of those elections.

As in any country after a hard-fought political campaign, people will still disagree.  Truly great leaders put aside those differences in the aftermath of an election and work together in the national interest and for the greater good.

Ultimately, the power of any government rests in the consent of its people.  If citizens are not allowed to freely express their desires, then those that pretend to govern cannot be perceived as having legitimacy to govern.

To ensure successful elections and protect its democratic traditions Maldives needs to allow balloting that is free, fair, and inclusive, and the results must be respected by all parties, without retribution.

We saw the first part of that formula on September 7, and now we must see both on November 9 for there to be legitimacy and true democracy.

As Maldives stands at the brink, now is the time for all Maldivians to unite to salvage their democratic future.”

Read more

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Chief Justice threatens action against dissemination of “invalid information”

Legal action will be taken against media organisations or journalists who disseminate false or inauthentic information concerning the judiciary, Chief Justice Ahmed Faiz Hussain has warned.

Speaking at a swearing-in ceremony yesterday (October 27) for seven new judges to the superior courts, the Chief Justice warned of measures against those who report “invalid information, if it relates to courts or judges.”

“Citizens need valid information. Freedom of expression means expressing valid or authentic information. Whether it is information relating to individuals or state institutions, the information conveyed should be valid, there should be no error or deceit in the information,” he said.

“If the court is held in contempt, action will be taken,” he asserted. “I will not allow the court to be [held in] contempt through deception. If the court is [held in] contempt, I will do what I can within the bounds of the law,” Faiz added.

The Chief Justice’s remarks came after the Supreme Court last week ordered police to investigate opposition-aligned private broadcaster Raajje TV for airing a report on October 19 criticising the judiciary.

Raajje TV News Department Head Ibrahim ‘Asward’ Waheed was summoned to the police headquarters last night concerning the investigation of the report, which raised issues surrounding the leaked sex tape of Supreme Court Justice Ali Hameed.

Following the police interrogation, Asward told local media that he was accused of contempt of court over the Raajje TV report criticising the apex court.

Asward said he exercised the right to remain silent in protest of the police taking over the mandate of the Maldives Media Council (MMC) and the Maldives Broadcasting Commission (MBC) – the institutions legally empowered to investigate complaints regarding the content of media outlets.

Both the MCC and MBC have expressed concern with the court ordered investigation of Raajje TV, contending that it threatens press freedom and encroaches on the mandate of the media watchdog bodies.

Appealing to the apex court to withdraw the order to investigate, Mohamed Shaheeb from the MBC told local media yesterday that he was informed by Commissioner of Police Abdulla Riyaz that the police were obliged to obey the Supreme Court’s order.

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 protection.

Moreover, Asward was attacked with an iron bar in February this year while Raajje TV’s offices were vandalised in 2012, with cables severed in the station’s control room.

Judicial reform

Faiz meanwhile contended that altering the composition of the 10-member Judicial Service Commission (JSC) –  consisting of three representatives each from the executive, legislature and judiciary as well as a lawyer elected by licensed practitioners – was necessary to strengthen the judiciary.

In a comprehensive report on the Maldivian judiciary released in May, the UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, stated that there was near unanimous consensus during her visit that the composition of the JSC was “inadequate and politicised.”

The issue was also highlighted in a report by the International Committee of Jurists (ICJ) in 2010.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

While the composition of the JSC in the Maldivian constitution was based on the South African model, Faiz said in his speech yesterday that he was told by a retired South African judge that the model had “failed” in his country.

“A lot of people believe that every fault of the JSC is reflected in the judiciary,” Faiz said, adding that proper functioning of the oversight body would benefit the judiciary.

The JSC should work together with the courts following extensive consultation to implement changes to strengthen the judiciary, Faiz suggested.

The JSC should also expedite investigations of complaints concerning judges and “free” them from the allegations to ensure public confidence in the “integrity of judges,” he said.

“If not, the issues we are facing now, what is being said [about the judiciary] now will continue in the same vein,” Faiz said.

However, he added, criticism of the judiciary or “a complaint against a judge” does not warrant disregarding court judgments.

“If the decisions of the courthouse are not enforced, rule of law will not be maintained in this country. The courthouse has been entrusted with upholding rule of law. So the decisions of courts should be and will be enforced in this country,” Faiz asserted.

Under no circumstances could the enforcement of a court decision be delayed or ignored, he stressed.

Faiz revealed that he had spoken to the speaker of parliament regarding a recent Supreme Court judgment, referring to the apex court disqualifying two MPs over an alleged decreed debt.

“I told him that the Supreme Court’s decision must be enforced. There is no question about it. Who will determine if the Supreme Court’s decision is legitimate? Who will determine if the Supreme Court decision was made in accordance with the procedures? It will still be determined by the Supreme Court,” Faiz said.

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No-confidence motion delayed after Attorney General calls in sick

Speaker of Parliament Abdulla Shahid has postponed the no-confidence motion against Attorney General (AG) Azima Shakoor, initially scheduled for today (October 28).

According to Majlis officials the speaker made the decision to delay for two days after Shakoor informed him that she was unwell and not able to attend the parliament session.

Article 101(b) of the constitution states that cabinet members must be given at least fourteen days notice of any debate concerning no-confidence motions against themselves, and that the individual has the right to defend themselves – both verbally and in writing – in the sittings of the People’s Majlis

Parliament received the motion on September 25, with the ensuing notice to the AG being delivered on October 1.

The motion has now been rescheduled for October 30.

Cabinet members against whom no-confidence motions are raised are allowed to sit in in the parliamentary debate on the matter. At the sitting, they are given the opportunity defend themselves against the claims raised.

An official from parliament stated that it was the cabinet minister’s decision whether or not they used the opportunity to defend themselves. He said that,while the parliament could proceed with the motion even though the minister is unable to attend, it is at the discretion of the speaker to decide to postpone the motion.

Parliament Speaker Abdulla Shahid and Consul General Fathimath Filza were not responding to calls at the time of press.

The no-confidence motion was submitted to the parliament on September 25 with the signature of 26 Members of Parliament (MPs) – 16 more than is stipulated in the constitution’s article 101(a).

The opposition Maldivian Democratic Party (MDP) previously decided to pursue a no-confidence motion against the AG during a contingency meeting of the party’s National Council on September 20 .

During the debate, MDP MP Ahmed Sameer announced that the party’s parliamentary group had prepared a no-confidence motion against the AG, contending that she had neglected her duties and had advocated on behalf of a political party against the Elections Commission (EC), a state institution.

Meanwhile, Progressive Party of Maldives (PPM) Parliamentary Group’s Deputy Leader Moosa Zameer at the time said that the party would not support the removal of a former council member of the party.

However, with the support of at least six out of ten MPs of the Dhivehi Rayyithunge Party (DRP) – which has pledged support to MDP presidential candidate and former President Mohamed Nasheed in the upcoming election – the MDP would have enough votes in parliament to pass the no-confidence motion.

AG Shakoor was approved to her post by 38 votes in favour in parliament on July 31, with 31 MPs having voted against.

Formerly the lawyer for PPM leader and former president Maumoon Abdul Gayoom, Shukoor was initially appointed AG by sitting President Dr Mohamed Waheed after the controversial transfer of power in February 2012.

She was later reassigned as Minister of Family, Gender and Human Rights – an appointed which subsequently failed to gain the approval of parliament, before the President Waheed re-appointed her to her former position as AG.

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Police seeks public assistance in locating 17 year-old missing boy

Police have asked the public to provide assistance to police in locating a 17 year-old boy who was reported missing by his family.

Police identified the boy as Ibrahim Haseeb, of Gulfaamuge from the island of Isdhoo in Laamu Atoll.

According to police, the boy was last seen wearing a black tshirt and a blue jeans.

Police said that the case was reported yesterday at 6:50am.

The police have asked anyone with information regarding the whereabouts of the boy to contact 119 or 332 2111 or the police Family and Child Protection Department at 979 0163.

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Police call for more responsible demonstrations

Police have today requested that supporters of both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives (PPM) respect social standards when conducting political demonstrations.

It was explained in a statement released today that police have written to both MDP Chair ‘Reeko’ Moosa Manik, and PPM leader Maumoon Abdul Gayoom to urge the parties to observe the regulations set out in the Peaceful Protest Act.

“The document went on to state that since these were the days of the O/Level exams for many students, the demonstrations and rallies being held all over Male’ with sound systems on pickups or megaphones were disruptive and that the Maldives Police Service has been receiving complaints about the situation,” read today’s statement.

Concern was also expressed regarding the potential disruption to traffic, pedestrians and local businesses. Police also noted that demonstrations outside of individual’s homes was prohibited.

Local media reported that two MDP supporters were detained on Saturday (October 28) as the two parties conducted protests in close proximity to the residence of the Speaker of the Majlis, MDP MP, Abdulla Shahid.

The Majlis yesterday approved a motion to ensure Shahid will assume the presidency should no president-elect be chosen before the the end of the constitutionally specified presidential term on November 11.

The PPM member of parliament boycotted the vote.

Supporters of the MDP occupied the length of Male’s Majeedhee Magu for two evenings following the delay of the scheduled presidential election on October 19 – actions labelled by the police as irresponsible.

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