MNDF dismisses three senior officers in ongoing firing spree

The Maldives National Defense Forces (MNDF) dismissed Brigadier General Abdulla Shamaal, Captain Abdul Muizz Musthafa and Sergeant Major Naushad Ali on Saturday.

The dismissals are the latest in a firing spree following the inauguration of President Abdulla Yameen Abdul Gayoom. Last week, the MNDF dismissed six soldiers including former head of military intelligence Brigadier General Ahmed Nilam.

According to an MNDF statement, Shamaal had prepared a letter and collected signatures from senior and rank and file soldiers “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

However, he proceeded to leak the letter on social media “in order to reveal dissent within the military,” the statement said. The MNDF further accuses Shamaal of sowing discord within the military by speaking to rank and file soldiers.

A leaked copy of the letter expresses concern over the presidential poll delay and the repercussions should a president elect not be determined by the end of the presidential term on November 11.

Musthafa is accused of being an accomplice to Shamaal and of “intent and plans to commit dangerous acts using the troops under his captainship.”

Naushad Ali is accused of keeping his and other soldiers signing the letter a secret from his superiors.

Following the letter, the MNDF amended its regulations to punish officers who promoted “upheaval and chaos,” and several officers were suspended and Shamaal was removed from his position as the Commandant of Training and Doctrine.

In mid November as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay elections, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by President Dr Mohamed Waheed or his political appointees.

The nine soldiers dismissed this week are all accused of sowing discord in the military.

The opposition Maldivian Democratic Party (MDP) condemned the dismissals as “politically motivated and unjust,” and noted that no action had been taken against the soldiers who mutinied on 7 February 2012.

“On 7 February 2012, some uniformed soldiers publicly called for the resignation of the President and Commander in Chief and protested along with the opposition at the time. They have publicly violated global norms of military discipline. The CONI report has highlighted this act and called for action against them.”

Instead of penalising mutinying soldiers, the Ministry of Defense awarded them promotions, the MDP said.

“Such actions politicize the military, undermine professionalism and demean the institution,” the MDP added.

The party also praised Brigadier Generals Shamaal and Nilam as “highly educated, experienced and professional soldiers who have maintained high standards and served for a long time in the military with sincerity.”

In response, the Ministry of Defense said it routinely takes disciplinary action against any soldier who violates the law.

“However, some political actors via some TV channels are criticising such [disciplinary] actions and are saying such actions cannot be taken against those who violate the Defense Forces Act and subsidiary regulations,” the statement said.

“Any responsible media, political party or citizen must not commit such acts for political gain. [We] strongly condemn such unlawful and politically motivated acts. [We] appeal on all parties to stop adverse unlawful acts and announce that [we] will ask the relevant authorities to take action against those who repeat such acts,” it added.

Re-appointed Minister of Defense Mohamed Nazim was a key figure in ouster of former president Mohamed Nasheed. Video footage shows Nazim telling a group of police, military and opposition activists that he had told President Nasheed to “resign without any conditions.”

Meanwhile, former Brigadier General Ahmed Nilam has told local media that his dismissal was “irresponsible and prejudiced” and said he will appeal the case through the courts.

The opportunity to establish democracy as per the 2008 constitution was “fraying and unraveling,” Nilam said.

In additional developments, Colonel Abdul Raheem was dismissed as MNDF Spokesperson and Major Hussein Ali was appointed to the position last week. The MNDF has also promoted Colonel Ali Zuhair to the rank of Brigadier General.

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Criminal Court sentences opposition activist ‘Hoara Ibbe’ to 10 years for child abuse

Former Under-Secretary of the President’s Office and opposition Maldivian Democratic Party (MDP) activist, Ibrahim Rasheed ‘Hoara Ibbe’, has been sentenced to 10 years in jail after the Criminal Court found him guilty of the charge of sexually abusing a 17-year old girl.

The police arrested Rasheed a year ago in December after being discovered at a house in the Galolhu Ward of Male’ with the minor.

The local media at the time quoted police as saying that when officers entered the room containing Rasheed, he was naked with the girl. However, the police refused to officially confirm the claim.

Rasheed at the time claimed that the 17-year old was his girl friend and later, got married to her when she had attained the age of 18.

The Prosecutor General however pressed charges against Rasheed under section 3(c) of the Special Measure for Perpetrators of Child Sex Abuse Act 2009, which carries a sentence of imprisonment up to 14 years.

Criminal Court officials confirmed to local media at the time that Rasheed – during the closed-door trial – had refuted the charges.

However, issuing the guilty verdict this Sunday (December 1), the Criminal Court Judge stated that despite Rasheed’s objections to the charges, the statements given by witnesses produced to the court by the prosecution proved that he had been guilty of the charge.

Section 3 of the Measure for Perpetrators of Child Sex Abuse Act 2009 states:

(a) It is an offence if a person touches a minor with sexual intent.

(b) For the purpose of this section, touching a minor with sexual intent is meant if he acts in the following way

  1. Touching the minor’s genital region or his anal region or any other sexual organ  or touching part of his body that could be used to achieve sexual desire,
  2. Touching with the hand or any other object,

(c) If a person is found guilty of the offense mention in Section 3(a), he shall be punished with imprisonment for a period of 10 to 14 years.

For the purpose of Maldivian laws regarding sexual offences, any person under 18 years of age is considered a minor.

Selective application of the law

Although the Criminal Court sentenced Rasheed under the Measure for Perpetrators of Child Sex Abuse Act 2009, the same court only sentenced renowned Quran reciter and teacher Hussain ‘Qaari’ Thaufeeq to a six months banishment and 15 lashes in a similar case last week.. Thaufeeq was arrested on August 2010 for multiple counts of child molestation while in a position of trust, although this was not considered by the court.

According to local media the Criminal Court sentenced Thaufeeq under ‘Regulation concerning punishment for fornication and adultery’, and had the enforcement of his sentence suspended under section 292(2) of the “Regulation concerning criminal trial” for a period of three years as it was his first offence.

Minivan News was unable to obtain a copy of the ‘Regulation concerning punishment for fornication and adultery’ as this was not found on the government’s legal website containing all published laws, www.mvlaw.gov.mv. The Criminal Court’s website was down for maintenance.

Section 292(2) of the “Regulation concerning criminal trial” states:

The judge has the discretionary power delay enforcement of a sentence for a period of three years if, the person found guilty is sentenced to imprisonment or banishment or house arrest for a period not exceeding six months, and if it is the first criminal conviction that person has faced [in his life].

It is unclear as to why the Criminal Court opted to sentence Thaufeeq under the “Regulation concerning punishment for fornication and adultery” while section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 explicitly states the offence of child abuse and molestation while being in a position of trust, and despite usual practice being that a specific legislation supersedes a by-law.

Section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 states:

(a) It is an offence if a person who commits a sexual act against a minor while being in a position of trust

(b) The punishment for the offence stated in section 9(a) is imprisonment for a period between 15 to 18 years

Thaufeeq is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

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Malé City begins storm drain cleanup

The Malé City Council in conjunction with the Ministry of Environment and Energy has started a week-long programme – “Open Streets, Clean Malé – to cleanup the city’s storm drains.

The majority of curbside drains are blocked in Malé and the city faces severe flooding during stormy weather.

Work has already commenced on Ameenee Magu and Buruzu Magu in south Malé.

Malé City Mayor ‘Maizan’ Ali Manik said maintaining Malé city’s sewer system has been difficult due to budgetary constraints and because the storm drains are old and damaged.

Speaking to the press, Minister of Environment and Energy Thoriq Ibrahim said the clean up programme is not a sustainable solution and highlighted the need for a longer-term solution.

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Supreme Court on recess until December 15

The Supreme Court, the Civil Court, the Criminal Court and the Family Court have begun a recess period today.

The Supreme Court and Criminal Court will restart trials on December 15, while the Civil Court will restart on December 10. The Family Court will be on recess until December 30.

Even though the superior courts are on recess, trials may be scheduled and rulings issued if necessary. The courts will continue to be open for administrative purposes.

The High Court has said it will not go on recess this December as local council elections are scheduled for January 18.

According to Article 172 of the constitution, individuals may contest any decision of the Election Commission relating to elections at the High Court.

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Police uncover 77.46 grams of narcotics buried on Malé City street

The Maldives Police Services have uncovered 77.46 grams of narcotics buried under paving bricks on Saibani Goalhi in Malé City.

The police blocked the street on a tip off and discovered 30 rubber packets, 77 small rubber packets, a photo film box and two folded cellophane pieces containing narcotics.

A large amount of rubber packets used to pack narcotics were also found in the area, police said.

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Maldives first amusement park opens in Gulhi Falhu

The Maldives’ first amusement park has opened on Malé City’s township island Gulhi Falhu on Friday.

The “Global Amusement Park” is an initiative of the Global Projects Development Company. The company is in charge of developing a high end “Global Green City” in Gulhi Falhu lagoon as an alternative to Malé City.

The amusement park will be open on every Friday and Saturday from 4:00 pm – 7:00 pm and a roller coaster ride, bumper car ride, luxury train ride, a merry go round and a chasing car ride.

Entry tickets cost MVR 20 and every ride costs between MVR 10 – 50. Ferry services from Malé City to Gulhi Falhu are free.

Manager of Global Projects Raj Maniyandan told local media the company intends to open a water park on Gulhi Falhu. He also said two beach villas are available for families who wish to stay overnight on the island.

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