Day: December 29, 2013

Police to invalidate roadworthiness of vehicles that do not meet standards

The police have today said that they will start a special operation from January 1 to check vehicles to see if they meet the standards set by the Transport Ministry and invalidate the roadworthiness of vehicles that do not meet the standards.

In a statement issued today the police said that vehicles that do not meet the standards can only drive after correcting the issues with their vehicles.

Police said that the operation will be conducted in accordance with regulations made to test roadworthiness of vehicles made under the Act number 5/2009 Motor Vehicle Act.

According to the statement, during the operation police will check if the brakes work properly, if the silencer is modified to make loud noises, if the rear mirrors are installed and if all the lights work properly.

Police also said that they will invalidate the roadworthiness of vehicles that have black smoke coming out from the exhaust, vehicles that have installed loud sound producing tools, vehicles that have installed extra lights other than the ones that are there when the vehicle was bought, vehicles that have changed the colors of lights that are stated in the laws to be in a specific color and vehicles that leak oil.

Furthermore, the police reminded all drivers to see if their vehicles meet the roadworthiness standards required by the transport ministry.

Police have been advising drivers of vehicles that do not meet the standards to correct them during the traffic operations police have been conducting, the police added.

Police stated that the objective of the operation to check the roadworthiness of vehicles was to ensure the citizens that the roads are safe.

In the statement the police thanked all the citizens for their cooperation to police.

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Gang attempted to take revenge for recent murder: Home Minister

Home Minister Umar Naseer has today told the press that the gang of the recent murder victim, who was killed on December 24, attempted to murder someone from the rival gang by using an inmate who was convicted for 25 years.

According to Umar Naseer, the inmate pretended to be sick the following day of the murder incident to come to Male’ and planned to escape from the hospital and murder a member of the rival gang.

Umar stated that the inmate was brought Male’ according to the procedures of Department of Penitentiary and Rehabilitation Services [DPRS].

When he was brought to the hospital in Male’ there were members of his gang in the area to help him escape the hospital, however, police intelligence received information about this and police officers were in the area spying on them, Umar told the press.

Umar said that when the gang members attempted to take the prisoner away police Serious and Organized Crime [SO] officers went to the area and obstructed their plan.

Umar added that five persons were arrested from the scene.

Furthermore, Umar Naseer said that gang wars occur due to drug related issues and it can’t be stopped at once.

He assured that he will do all he can to stop gang crimes.

On December 24, Hussein Waheed, 21 of Mahchangolhi Aisha was stabbed to death while he was near ‘Coffee Corner’ café in Mahchangolhi, Male’.

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Penal Code returned to drafting committee

Parliament has sent the Penal Code back to the special committee tasked with revising it with a majority of 61 votes. While three members voted against re-sending it to committee, two abstained from the vote.

The final draft submitted to the parliament floor was rejected by 36 votes out of the 72 members present in Sunday’s session, after which a vote was taken whether to send it back to committee for review.

Members from the government coalition parties voted against the bill, with Progressive Party of Maldives (PPM) MP Ahmed Mahloof confirming to Minivan News today that a coalition whip-line was issued for the matter.

The Penal Code was submitted to the floor after seven years of review in the committee, having been initially submitted in 2006.

Maldivian Democratic Party (MDP) MP Ahmed Hamza – Chair of the Penal Code review committee – stated that the reason for the long duration of review is primarily due to the long periods required for reviewing and commenting by state institutions including the Attorney General’s Office and the Ministry of Islamic Affairs.

The bill, if ratified, will replace the 52 year old penal law which is currently in effect.

The Penal Code and religion

Much of the arguments presented against the Penal Code revolved around the concepts of religion and Sharia law not being “sufficiently reflected” in the final draft.

Jumhooree Party (JP) MP Ibrahim Muhthalib stated that “no human being has the right to rephrase divine laws in Islamic Sharia into separate articles in a law” and that he would abstain from voting on the matter as some scholars believe that participation in such an act may be blasphemous.

Maldives Development Alliance (MDA) MP Ahmed Amir echoed Muhthalib’s concerns and added that penalties on crimes which have a hadd [fixed punishments specifically mentioned in the Quran] sentences in Sharia Law are what most people have found concerning about the bill.

MP Ibrahim Riza who voted to send the bill back to the review committee said that the bill included some penalties which contradicted Sharia law mandates.

Religious conservative Adhaalath Party Sheikh Ilyas Hussain has also previously in March criticized the bill in sermons saying it will “destroy Islam”, prompting a parliamentary inquiry.

“If it is passed, there is no doubt that there will be no religion in this Muslim society that claims to be 100 percent Muslim. There will be no Islamic punishments. Refusing to incorporate even a single hadd is destroying Islam,” he had said then.

However, presenting the bill to parliament today, Hamza stated that in light of academic and technical expertise of the committee members, irreligious effects in the penal code have been brought to a minimal level.

“We are aware that various scholars from around the globe have commented on this work by Professor Paul Robinson,” Hamza said, referring to the legal expert from University of Pennysylvania Law School, under whose leadership the first draft of the Penal Code had been prepared on the request of then Attorney General Hassan Saeed in January 2006.

“Keeping this in mind, we took care to use our academic and technical capacity to minimalize any irreligious effects that might have been in this bill’s initial draft. Man-made laws are always less perfect than divine laws,” he stated.

The other main reservation put forth by members is the short period of time given to review the bill and submit amendments in.

The committee opened up the draft for amendments from December 24 to 26. On Saturday, December 28, the committee announced that no amendments had been submitted within the given timeframe.

Dhivehi Rayyithunge Party (DRP) MP Abdulla Mausoom, JP MP Shifaq Mufeed, PPM MP Ahmed Nihan voiced concerns about the short period of time given for review when speaking to Minivan News today.

Mausoom said that besides the time limitation, he also noticed double penalties for the same offence in the bill, and that is why he voted to return the bill to parliament.

“The penal code is as thick as a generic A4 ream of papers. It is unrealistic to ask us to read and comment on it in such a short time. What we have now is a penal code that has existed for very many years. When we pass a new one, I do not wish it to be one that calls for amendments to be submitted every other day. We are not of the mindset that we want to reject it, but we want enough time to review it in light of the Maldivian people’s way of life, Islamic Sharia and existing laws,” Shifaaq stated.

Meanwhile Nihan described the bill as “a rushed job done to bring an end to years of it being pending in committee”.

“There isn’t a single member in the committee who has actually read this bill. How can anyone spend time on it when there are so many other important bills that also call for our attention, as well as the annual budget? It has to come with enough time allowance for us to submit amendments,” he stated.

Bill review

The review committee’s Chair Hamza maintains that the government was given sufficient time and opportunity to submit all and any desired amendments to the bill.

“Voting records show that it was members of the government coalition who rejected this bill. We provided sufficient time allowances for them to submit amendments. We have even included 12 of the amendments submitted by the Attorney General,” Hamza explained.

“In fact, we worked at length both with former Attorney General Azima Shakoor and current successor Mohamed Anil. We also gave opportunities for political parties to submit amendments, where even PPM sent in submissions. I do not understand why it was rejected after all of this. I am astounded. I sincerely hope the government will explain its reasons for rejecting the bill in the form of an official statement,” he continued.

“I do not see how it will be possible to ever pass the new Penal Code if it is to be left as everyone’s lowest priority. Members need to make time and work to pass this bill at the earliest. I have now scheduled a meeting of the committee for tomorrow. I personally hope to review this, open it up for amendments, incorporate what we will from those and have it resubmitted to the parliament floor by early March next year,” Hamza said.

Responding to members’ criticisms, Hamza pointed out that members had not asked for additional time for reviewing the bill during today’s parliament session, and had instead voted to return it to committee.

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MDP will empower local councils: Nasheed

Former president Mohamed Nasheed has said the opposition Maldivian Democratic Party (MDP) will not allow the Maldives to become a “unitary state” and will empower local councils.

Speaking at an MDP rally held last night at Alimas Carnival area in Male’, Nasheed said that if MDP wins majority of the seats in the parliament, the party will arrange an uninhabited island for every council and provide councils with the means of making an income.

He said MDP will work within the parliament to ensure councils are given the authority to utilize land, and with that councils will fulfill the pledge of providing citizens with housing.

He noted the importance of allowing the councils to have the funds they earn in their own accounts.

Nasheed said the MDP accepted the presidential election result knowing that it was achieved through a court, and will work twice as hard to win the upcoming local council and parliament elections.

He announced his plans to visit every inhabited island of Maldives before 22 March.

“Maldives is clearly proving that a coalition government have no place under the constitution, President Yameen cannot rule except with the twenty six percent he won.” Nasheed said, reiterating his criticism of coalition governments.

President Abdulla Yameen Abdul Gayoom won 25.35 percent of the vote in the first round of presidential elections held on September 7. The Supreme Court subsequently annulled the election and ordered a revote. Yameen’s Progressive Party of the Maldives (PPM) won in the second round with 51.39 percent of the vote after third-placed candidate Gasim Ibrahim backed the PPM.

People’s Majlis Speaker Abdulla Shahid also echoed Nasheed’s concerns over the state of local governance in the Maldives.

Describing decentralization as the biggest changed brought about by the 2008 constitution, Shahid accused then opposition parties of confusing the meaning of the decentralization act.

MDP candidates for local councils were announced at last night’s rally. The local council elections will be held on January 18 and Parliamentary elections are scheduled for March 22.

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Majlis passes record MVR 17.95 billion budget

The People’s Majlis has passed a record MVR 17.95 billion (US$ 1.16 billion) budget today.

Out of the 72 MPs present, 55 voted for the budget, two voted against and 11 abstained.

The budget deficit now stands at MVR1.3 billion (US$84.3 million). Recurrent expenditure accounts for over 70 percent of the budget.

President Abdulla Yameen Abdul Gayoom had initially proposed a MVR 17.5 billion (US$ 1.1 billion), but the People’s Majlis Budget Committee brought a number of amendments, first increasing the budget to MVR 18.3 billion (US$ 1.19 billion) and later reducing it to MVR 17.8 billion.

However, during Wednesday’s budget debate, opposition Maldivian Democratic Party (MDP) MPs complained about lack of development funds for their constituencies. The committee met that night and increased the Public Sector Investment Program’s budget to MVR 260.5 million (US$ 16.9 million).

The Budget Committee had also added MVR 171.1 million (US$ 11 million) to the budget of the state’s independent institutions.

At today’s sitting, 27 budget recommendations were passed. These include a proposal by Jumhooree Party (JP) leader Gasim Ibrahim to reallocate MVR 122.5 million (US$ 7.9 million) from the Finance Ministry’s contingency budget to the independent state institutions.

MDP MP Ahmed Sameer’s proposal to reallocate MVR 7.1 million (US$ 460,440) from the Finance Ministry’s contingency budget to the health sector also passed.

According to the budget report, 44 percent is allocated for social development, 21 percent for public services, 15 percent for loan repayments and 9 percent for economic development.

The central bank Maldives Monetary Authority (MMA) and opposition MPs have expressed concern over tenuous revenue raising measures in the budget.

These include hiking Tourism GST from 8 percent to 12 percent, revising import duties, continuing tourism bed tax for one more year, raising airport departure charge for foreign passengers from US$ 18 to US$25, leasing 12 islands for resort development, introducing GST for telecommunication services and obtaining resort lease payments as a lump sum.

Several of these proposals require revising existing legislation.

Meanwhile, the World Bank has warned the Maldives’ economy is at risk due to excessive state expenditure and methods used to finance the deficit.

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32 year-old man found dead in Hulhumale’

Police have said that this morning the dead body of a 32 year-old man was discovered inside an apartment in Hulhumale’.

The police identified the individual as Ibrahim Abubakuru from Makudhoo Island in Haa Dhaalu Atoll.

Police said that they received information about the case this morning at about 6 30 am, and declined to reveal further details on the case as it is currently under investigation.

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Two arrested with 112 bottles and six cases of alcohol

Police have arrested two individuals with 112 bottles and six cases of alcohol.

The police said that a special operation was conducted Friday night to apprehend the two individuals, but have defined to reveal their identity. One is a Sri Lankan national and the other is a Maldivian, the police have said.

Police said that during the special operation police raided a ‘Lodge’ house in Maafannu where the 112 bottles and six cases were found.

The police later searched another warehouse belonging to the two persons and found more alcohol there as well.

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Judges not informed of impending shuffle

The Judicial Services Commission’s (JSC) Secretary General Abu Bakuru Mohamed has said the commission has not informed ten superior court judges about their impending transfer on January 1, according to local media.

The JSC decided to shuffle the judges in December “in a bid to strengthen the judiciary.” However, Chief Justice Ahmed Faiz objected to the decision claiming the commission does not have the authority to shuffle judges.

Although only two days remain for the shuffle to take effect, JSC SG Mohamed has failed to inform judges or explain reasons for the delay, local media have said.

Meanwhile, JSC Members Shuaib Abdul Rahman and MP Ahmed Hamza have confirmed to Minivan News the JSC will stands by its decision to shuffle judges and has called on the SG to facilitate its implementation.

“Informing the judges is an administrative work and the responsibility of the Secretary General. I believe he will abide by the commission’s decision and notify judges prior to their date of transfer. The transferred judges must report to work at the courts where they have been transferred to starting from January 1,” Hamza stated.

The JSC has so far transferred ten Superior Court judges to other courts of the same legal calibre, including the transfer of controversial Criminal Court Chief Judge Abdulla Mohamed to the same position at the Drug Court.

JSC Senior Legal and Complaints Officer Hassan Faheem Ibrahim also said that notifying judges is the responsibility of the SG, and so he is unable to comment on the matter.

Controversy around transfer of judges

Chief Justice Ahmed Faiz Hussain termed the JSC’s decision “unlawful.” He sent a letter to the president of the judicial watchdog Supreme Court Judge Adam Mohamed stating that the commission did not have the legal authority to carry out such transfers without deliberation with the Judicial Council – a council compiled of the seven judges of the Supreme Court.

Judge Adam Mohamed himself is reported to have expressed disapproval with the decision of the remaining commission members to transfer judges and to have walked out of the commission meeting.

The commission, however, decided with majority votes to go ahead with the transfers, stating that the Chief Justice’s objection lacked any legal grounds.

“Even under the constitution and the JSC Act, the commission is vested with the power to transfer the judges as we have,” member Hamza said at the time.

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JP and PPM dismiss claim of rifts in coalition

The deputy leaders of ruling Progressive Party of the Maldives (PPM) and coalition partner Jumhooree Party (JP) have dismissed claims of rifts in the governing coalition.

JP Leader Gasim Ibrahim had previously expressed dissatisfaction by the PPM’s failure to consult coalition partners in compiling the budget. Gasim’s backing was crucial in securing the presidency for President Abdulla Yameen Abdul Gayoom.

Speaking on Sunday’s parliament sitting, the PPM’s Deputy Leader Abdul Raheem Abdulla stated that there are no disagreements within the coalition, claiming that the two parties worked “unitedly and amicably”.

“The fact that we won this year’s presidential election through this coalition is proof of the fact that people will not believe rumours you spread. It is useless efforts on the part of MDP to try to break up this coalition. God willing, we will reach the end of our five year term having fulfilled the pledges we made to Maldivian citizens,” he said, accusing the opposition Maldivian Democratic Party (MDP) of attempting to create discord within the coalition.

JP Deputy Leader Ilham Ahmed echoed party leader Gasim’s claims that PPM had failed to hold any discussions with the party regarding the state budget. However, he, too, confirmed no major disagreements existed between the two parties in the ruling coalition.

“We will do what is required of us to protect the current government. There are no issues between Jumhoori Party and PPM,” Ilham said, adding that the two parties will be working together in the upcoming local council and parliamentary elections.

Verbal attacks

Meanwhile, President Abdulla Yameen has previously expressed disapproval with coalition partner JP for submitting amendments to the budget proposed by the government, saying that coalition partners must let the main party in the alliance decide on the allocation of funds for various projects.

He said then that coalition members must not view the alliance as an opportunity to guarantee themselves what they want from within the government, nor should it be seen as a chance to bring out whatever number of candidates they wish to compete in an election.

“If at the initial stages, coalition partners themselves are to stand up and criticize every issue that arises about our proposal, I really do not see how I will be able to fulfill the people’s needs,” he said, adding that the government will not bear responsibility for unfulfilled pledges if any changes are brought to the budget.

In response, Gasim said: “I am both a coalition member and the Chair of the parliamentary committee tasked with budget review. And yet, we have had no suggestions or discussion from the government.”

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