Day: February 26, 2014

Nasheed warns Supreme Court against interference in Majlis elections

Former President Mohamed Nasheed warned Chief Justice Ahmed Faiz Hussain last night against Supreme Court interference in the upcoming parliamentary elections scheduled for March 22.

Speaking at a campaign launching ceremony for two Maldivian Democratic Party (MDP) candidates, Nasheed said last year’s presidential election was “taken away from us by the Supreme Court.”

“The island council, atoll council, and city council elections have slipped from their fingers by God’s will while they were unaware. Now we are coming to the People’s Majlis elections again. If the People’s Majlis election is stopped, you could not place a bigger obstacle to the country’s development,” he said.

Supreme Court Justices “should know very well that the people of the Maldives will not forgive,” Nasheed said.

“And do not think that the courage of the Maldivian people has flagged. No, when they have to take to the streets, they will,” he said.

“If you decide to halt our elections, remember that we live on this land too. Keep in my mind, our Chief Justice Ahmed Faiz, know that we too grew up in this island. As long as we are on this soil, you cannot keep perpetrating injustices against our people.”

The Maldivian people were not indifferent or willing to “remain in a state of shock or fear,” Nasheed continued, adding that the people have “found courage from one another and moved past their fear”.

“We cannot remain still, we cannot give up the hope of our children and children’s children, we cannot give up the Maldives,” he said.

Suo motu

The Supreme Court summoned members of the Elections Commission (EC) on February 12 and began a surprise trial on charges of contempt of court. The apex court invoked new ‘Sumoto’ or ‘Suo motu’ regulations that allow the court to initiate hearings and act as both prosecutor and judge in a trial.

The court contends that criticism by EC members of its decision to annul the first round of last year’s presidential election – citing a secret police report that has since been dismissed by a UN expert review and questioned by the Human Rights Commission of Maldives – constituted contempt of court.

Nasheed meanwhile declared last week that the MDP will boycott the parliamentary elections if the Supreme Court removes EC members ahead of next month’s polls.

Speaking at a campaign event on the night before EC members were summoned, Nasheed accused parties in the ruling coalition of colluding with the Supreme Court to delay the Majlis elections as they were “certain of defeat.”

“In my view, an election conducted with the Supreme Court exerting influence over the Elections Commission to deliberately commit electoral fraud or rig the vote will not be a legitimate election – in my view, MDP should not participate in such an election,” Nasheed said.

Neither the international community nor the Maldivian public would accept general elections boycotted by the MDP, he insisted.

In his speech at a campaign launching ceremony on Monday night for MDP MP Imthiyaz Fahmy, Nasheed said judicial reform was the most pressing issue facing the Maldives at present.

Neither the chief justice nor other judges should think that the public would cease calls for reform or stop criticising the judiciary “out of fear,” he said, declaring that the party would “not back down in the slightest”.

Referring to the alleged sex tape of Supreme Court Justice Ali Hameed, Nasheed said the party’s concern was not with Hameed’s indiscretions but with the presence of “compromised” judges on the bench who were susceptible to “blackmail”.

While the new constitution was adopted to move away from the autocratic and unjust practices of the past, the Supreme Court has taken on powers to investigate, prosecute, conduct trial, and deliver verdicts on their own accord, Nasheed said.

“The fundamental basis of the reform that the Maldivian people wanted was ensuring that the prosecutor and the court that hears the case are separate. Persons must have the assistance of a lawyer to defend themselves from accusation of a crime,” he said.

“It is the prosecutor general who should prosecute on behalf of the state. We wanted to see separated powers of state [but] today we are seeing the Supreme Court negate the character of the constitution we wished for.”

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Haveeru journalist arrested in Addu City

A journalist from newspaper Haveeru has been taken into custody in Addu City today allegedly for taking photographs of police officers in plainclothes who were frisking people at the Feydhoo harbour.

The local daily quoted a Feydhoo resident as saying that that the officers approached Ahmed Adshan – who is based in Addu City – and insisted that the reporter could not take pictures.

“They did not have police tags or names. So Adshan asked them to show their police cards. They asked Adshan to show his card. [But] because they didn’t show their cards, Adshan didn’t show his,” the Feydhoo resident said.

Police have meanwhile insisted that Adshan was arrested for both driving without a license and obstructing police duty.

However, a source from the island told the newspaper that he was unable to meet Adshan at the police station and was told that the journalist was not in custody for a traffic violation.

A friend of Adshan who was with him at the time of the arrest said that Adshan attempted to take photos after parking his motorcycle and that he had a valid driving license.

In September 2012, Reporters Without Borders (RSF) condemned the growing number of arbitrary arrests of journalists by the Maldives Police Service.

The press freedom NGO said in a statement that it “deplores the repeated obstruction of media personnel in the course of their work and urges the government to put a stop to arrests designed to intimidate journalists and encourage self-censorship.”

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Civil society joins criticism of Supreme Court’s actions against EC

Read this article in Dhivehi

Civil society groups in the Maldives have added their voices to the growing concern over the Supreme Court’s actions against the Elections Commission (EC).

“The Maldivian Democracy Network and the Maldives NGO Federation are gravely concerned by the recent proceedings initiated by the Supreme Court of the Maldives against the members of the Elections Commission of the Maldives,” read a joint press release today.

After using newly introduced procedures to both initiate and oversee contempt of court charges against the EC, the court has subsequently deemed privileged Majlis testimony to be admissible in the case.

Today’s statement closely follows that of the EU’s Sri Lanka delegation which yesterday called upon the government to ensure the commission’s independence ahead of the March 22 Majlis elections.

Recalling the recent controversies surrounding the 2013 presidential election, the NGO statement argued these events had come at a “great cost to the state and the people”.

“We strongly urge all parties to ensure that the upcoming parliamentary elections are efficient, independent and fair. Any hindrance by any party to this process would be undemocratic and unfair for the people of the Maldives.”

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round. The annulment was followed by further cancelled and delayed polls after much wrangling over the court’s new election guidelines.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

The NGO statement has today referred to the 16 point guidelines as “onerous” and “controversial”.

Supreme Court must earn respect, say NGOs

Describing the current court case as “unjust”, runner-up in the presidential poll Mohamed Nasheed has said that his Maldivian Democratic Party (MDP) will not compete next month’s vote should the four EC members be removed.

Following today’s second EC advisory committee meeting in preparations for the March vote, MDP Spokesman Hamid Abdul Ghafoor said that the commission owed MVR12 million in pending bills after delays at the Finance Ministry.

Hamid reported, however, that the EC was confident the elections would proceed as scheduled.

The civil society statement noted that the decision to use testimony protected under the constitution had overstepped the court’s boundaries as the ultimate interpreter of the constitution.

Claiming establishing justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could be used in a court.

The court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution.

“The Elections Commission has been established in very clear terms by the Constitution of the Maldives as an independent institution with its oversight assigned to the people through their representatives in the People’s Majlis,” read today’s NGO press release.

“Writing this criteria in the Constitution cannot bring independence to an institution if it cannot be practiced and fully respected. Similarly, respect for an institution is not inherent to being a part of the Constitution. The Supreme Court must, as every other institution, earn the respect of the people.”

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Orthopedic surgeries halted as IGMH fails to provide protective gowns

Read this article in Dhivehi

Indhira Gandhi Memorial Hospital (IGMH) has “temporarily delayed” some orthopedic surgeries after State Trading Organisation (STO) failed to supply lead gowns for medical staff, Deputy CEO Dr Mohamed Habeeb has said today.

He said the only surgeries affected by this would be those that require real-time X-ray monitoring, and that the hospital was expecting to receive the gowns very soon.

The lead gowns, like most other medical supplies for the hospital, are purchased through the STO, said Habeeb. The STO is a public company, with more than ninety two percent shares owned by the government.

“We have ordered replacements even last year. We might get them even by tonight. STO is working on it right now,” said Habeeb.

The purpose of lead gowns is to prevent the unnecessary and frequent exposure of medical staff to radiation which can cause cancer, infertility, and birth defects. While an estimated minimum of ten gowns are usually required for a surgery, the hospital currently has only two fit for use.

An IGMH nurse who often has to assist such surgeries told Minivan News that it has now been more than two years since they started requesting for new gowns. Letters have been written informing all relevant authorities of the situation, she added.

Orthopedic surgeries are done three days a week at the hospital, she explained, and on some days more than six of these surgeries require lead gowns.

“They [the remaining usable gowns] are usually taken by the doctors, saying they are closer to the source. Some staff have panicked after finding out they are pregnant. That risk is always there. And we are concerned about the patients as well. I have never seen any patient being offered a gown here,” she continued.

She stated that when patients need urgent attention, nurses cannot ignore and refuse to attend them even with the risks. Following a decision made by the department today, they will not be attending such surgeries until gowns are provided for them.

Head of the IGMH Orthopedic Department Dr Yoosuf Shan has told ‘Haveeru‘ that a memo highlighting the department’s decision has been sent to the heads of IGMH and the Health Minister.

“Radiation exposure could cause cancer. Most nurses assisting the surgeries are women. Without lead gowns their children could be born with birth defects. So as a precautionary measure we were forced to stop some of surgeries. They will continue only after we received lead gown,” Dr Shan was quoted as saying.

IGMH could not identify the exact reason for the delay in acquiring the gowns and the STO was unable to put Minivan News in touch with the relevant person.

Last November STO stopped supplying medicine to IGMH after it reached a set credit limit. At the time STO managing director Shahid Ali told local media that the Hospital had to pay approximately MVR 200 million to the organisation.

STO later resumed supples after raising the credit limit by MVR5 million in addition to the MVR411 million credit limit which includes payments going back to 2011.

Following the failure of other state owned company’s to pay almost US$40 million in bills owed to the STO, President Abdulla Yameen declared the organisation bankrupt last November. The company subsequently launched a campaign to cut operational costs by MVR50 million in 2014 (US$ 3,242,542).

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Development projects speed up in central atolls

The government has this week signed contracts with Maldives Transport and Contracting Company (MTCC) for the reclamation of Guraidhoo and Madifushi islands, both in Thaa atoll.

In Guraidhoo, MVR75.2 million (US$4.8 million) will be spent on reclamation of 27.5 hectares of land, while 45 hectares will be reclaimed from Madifushi with a budget of MVR126 million (US$8.1 million).

Meanwhile, the mayor of Addu has said that the city – the country’s second most populated area with over 30,000 inhabitants – is being hit hard by government budget cuts.

Development projects have to be approved by the Ministry of Environment through an Environment Impact Assessment (EIA)  -which is reviewed by the EPA. Minivan News has learned that the EIA for the Guraidhoo land reclamation was approved within four working days.

Earlier this month the government signed contracts with Boskalis International for the reclamation of four islands – Eydhafushi, Thulusdhoo, Dhaalu Meedhoo, and Kudahuvadhoo.

The combined projects will cost MVR572 million (US$37 million). The work is expected to begin within a month of signing, and to be completed within 540 days.

Abdulla Sodig has said that the MVR700 million that was approved by the Housing Ministry to be included in the budget for Addu City later disappeared when the government sent the budget to parliament for approval.

“Hithadhoo harbor project that started in 2011 is on halt now, we still need another MVR3.5 million for that. But only MVR1.5million was allocated for that. Similarly, Hulhumeedhoo harbor project is also on halt now,” Sodig said today.

Other projects budgeted for Addu City development include road construction with MVR10 million and MVR25 million for water and sewerage, an amount Sodig claims is insufficient.

Compared to Addu’s large urban population, the average population of the six islands involved in the proposed reclamation projects is approximately 1,300.

Addu City has long been a stronghold of the opposition Maldivian Democratic Party – a fact reinforced in recent local council elections, while the six islands involved in the proposed reclamation projects, with the exception of Meedhoo, all gave majority votes to President Abdulla Yameen in the 2013 elections.

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Jabir moved to Malé jail, appeal documents granted

Recently imprisoned MP Abdulla Jabir has been moved from Maafushi to Malé jail following reported complaints lodged by his family members.

Jabir’s legal team has confirmed that the Maldivian Democratic Party MP has been relocated. Vnews has quoted Jabir’s wife Dhiyana Saeed as saying that her husband had been kept alone in a poorly lit cell, contrary to international conventions.

The Kaashidhoo representative’s legal team suggested earlier this week that their client was denied a fair trial, and that his constitutional rights were denied by the Criminal Court.

Jabir was last week sentenced to twelve months‘ imprisonment after being found guilty of failing to provide a urine sample when arrested as a suspect in a drug related case on November 16, 2012.

After complaining that the court has failed to produce documents vital to Jabir’s appeal, a member of his legal team was today able to confirm that the necessary documents had since been forthcoming.

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Government says “iconic” Malé-Hulhulé bridge can be finished in two years

Describing the project as “iconic for the whole region”, the Economic Development Minister last night pledged that the Malé – Hulhulé bridge project would take two years to complete.

“Looking at the bridge project, out of the 19 companies that had expressed interest, 7 were international parties,” Mohamed Saeed is reported to have said during a ceremony held to celebrate 100 days of President Abdulla Yameen’s government.

Deputy Minister of Housing Abdulla Ziyadh – whose ministry will become actively involved as soon as a contractor is selected – explained that the government is currently evaluating the received bids.

First touted as a campaign pledge of thirty-year President Maumoon Abdul Gayoom in 2008, the idea of a bridge connecting the congested island of Malé with its relatively spacious suburbs was also an aim of Gayoom’s successor Mohamed Nasheed.

The Nasheed government had put to contract out to tender in late 2011 shortly before its ousting in February 2012.

The current government called for expressions of interest in the project in early December 2013, with the window for interested parties to come forward closing on January 14.

The public private partnership contract will require a company to engage in the design, build, financing, maintenance and operation of the bridge.

“Primary objective of the Government is to bring a relief to the socio-economic issues arising from the urban congestion that is present in Malé,” the Ministry of Economic Development has explained.

Former Minister of Economic Development Mahmoud Razee – a member of Nasheed’s cabinet – told Minivan News today that a bridge would improve local commerce as well as reducing traffic congestion in Malé.

“There will be a mediation of the traffic because what happens in Malé – in the afternoons and evenings – a lot of the traffic is leisure traffic as motorcycles are out on the road, not to go to any particular place but for the sake of having a ride. If these are connected, the area they are able to mill around is increased by several kilometers,” he explained.

The former minister noted that an extension of the bridge westward to connect with Gulhi Falhi and the industrial island of Thilifushi would bring down the cost of warehouse space in the capital.

The final location of the bridge has yet to be announced by the government. Options considered in the past involved connecting Hulhulé with Malé at the tsunami monument area, or from the northern harbour via Funadhoo island.

Razee also echoed the comments of the current Tourism Minister Ahmed Adeeb who has acknowledged that the project is not viable without commercial components.

Mohamed Saeed was reported as suggesting last night that the bridge would be equipped with facilities to generate between 4 and  6 megawatts of renewable energy.

While Razee was skeptical of this proposal, he suggested that bridge could be used to lay cables between islands, reducing the need for expensive undersea cables to transfer production capacity across the Greater Malé area.

Saeed has previously described the building of the bridge as a “challenge”, but said the task is one of the pledges of the coalition government.

When the concession is awarded, Saeed has pledged, investors will not suffer damages, and the project will receive “protection” from the Maldives constitution.

Investor confidence in the Maldives had been negatively impacted under the Presidency of Dr Mohamed Waheed, with the Yameen presidency targeting its restoration as a key foreign policy aim.

During last night’s ceremony, Vice President Dr Mohamed Jameel Ahmed launched a book detailing the key elements included in the ruling Progressive Party of Maldives’ ‎manifesto, and the government’s achievements in its first 100 days.

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Feydhoo primary annulment case accepted by Civil Court

The Civil Court has reportedly accepted the case of Maldivian Democratic Party (MDP) MP Alhan Fahmy, who has requested the annulment of the the Feydhoo constituency primary election.

After losing the contest for next month’s Majis elections, Fahmy claimed the contest was fraudulent and that any candidate who won the MDP ticket through fraud cannot be a valid one.

After Mohamed Nihad won the primary, Fahmy alleged that the list used on polling day were different from the [eligible] voter lists.

Alhan called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

The election committee confirmed that 67 members were indeed missing from the list at the ballot box, but decided against holding a re-vote, arguing the primary outcome would not change even if these members were allowed to vote.

After attempting to file the case with the High Court, the MP’s legal representatives were told that the court did not have the jurisdiction to look into internal party matters.

Alhan was stabbed in public on February 1 and is currently recovering in Sri Lanka. He has announced he will contest March’s People’s Majlis election as an independent.

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Civil Court dismisses STO’s case against MP Riyaz Rasheed’s Meridian Services

The Civil Court has dismissed a case filed by the State Trading Organisation (STO) against MP Riyaz Rasheed’s Meridian Services seeking to recover MVR19.3 million (US$1.2 million) released as credit.

According to local media, the court dismissed the lawsuit after STO lawyers did not turn up to a hearing scheduled for February 6.

Judges are empowered to dismiss cases if the plaintiff or claimant does not attend court hearings.

The former Dhivehi Qaumee Party MP meanwhile joined the ruling Progressive Party of Maldives last month.

STO and Meridian Services signed an oil trade agreement on March 31, 2010, which offered the company a credit facility worth MVR20 million (US$ 1,297,016.86) for purchasing oil from STO.

The agreement stipulated that payments had to be made within a period of 40 days.

However, in August 2010, STO lowered its credit limit from MVR20 million to MVR10 million (US$648,508.43) and shortened the payment period from 40 to 30 days, prompting Meridian Services to sue STO for alleged breach of contract.

Meridian Services lost the first case, however, after Civil Court Judge Abdulla Jameel Moosa ruled in favor of STO.

Case history

In April 2012, the STO sent a letter to the Civil Court requesting withdrawal of the case against Meridian. However, then-STO MD Shahid Ali claimed a week later that the letter was sent “by mistake.”

The STO’s intent was to request delaying hearings as the company did not have the legally required number of members on its board of directors following the “change in government” on February 7, 2012, Shahid explained, adding that the case would resubmitted.

At a hearing of the case in June last year after the trial resumed, STO lawyers claimed that original documents of business transactions with Meridian had been stolen.

The theft of the documents from the STO office occurred on October 27, 2011 and was reported to police at the time, the lawyers said.

The lawyer reportedly requested the opportunity to present witnesses to prove the authenticity of copies or other records of the stolen documents.

However, lawyers for the Vilufushi MP’s Meridian Services disputed the authenticity of the purchase orders, delivery notices, and invoices submitted as evidence by STO, claiming the documents were forged.

The Meridian lawyer claimed that there were discrepancies in the purchase orders and delivery notes with inconsistent numbers and quantities as well as lack of signatures.

In response, the STO lawyer said Meridian had not submitted any evidence or any statement challenging the validity of the evidence submitted by STO.

The judge adjourned the hearing after announcing that a decision would be made at the next hearing over STO’s request to present witnesses.

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