Month: February 2014

Convicted drug kingpin leaves for Sri Lanka

The ringleader of a nationwide drug network convicted and jailed in November departed to Sri Lanka last night, ostensibly for medical treatment, local media has learned.

Ibrahim Shafaz Abdul Razzaq, 32, of Maafanu Lonumidhilige, was sentenced to 18 years in prison and fined MVR75,000 (US$4,860) after being found guilty of drug trafficking.

According to newspaper Haveeru, the Maldives Correctional Services (MCS) was not informed of a date for the inmate’s return. Shafaz was not accompanied by an MCS officer, the local daily reported.

Opposition-aligned private broadcaster Raajje TV reported that a “reliable source” claimed Shafaz was not listed in the immigration control system as a convict when he boarded the midnight flight with his family.

Raajje TV also alleged that Shafaz was allowed to leave the country on orders from Tourism Minister Ahmed Adeeb.

Responding to the allegation, Adeeb told Minivan News today that as tourism minister he did not have “a say in the decisions by the independent institution formed by the law called Maldives Correctional Service.”

“Raajje TV is a very irresponsible media directing all the allegations towards me politically,” the deputy leader of the ruling Progressive Party of Maldives (PPM) said.

MCS officials could not be reached for comment today.

President’s Office Spokesperson Ibrahim Muaz was meanwhile unable to confirm for Raajje TV whether Shafaz was among 24 convicts whose sentences were commuted by President Abdulla Yameen last month.

President Yameen commuted the sentences of persons banished, serving jail sentences or under house arrest “with conditions.”

In the final days of his administration, former President Dr Mohamed Waheed Hassan also commuted the sentences of 35 convicts under authority granted by the Clemency Act.

Individuals convicted of murder, terrorism, a crime with a punishment (hadd) prescribed in Islamic Shariah, disturbing the peace – including attacking or threatening a security officer or vandalising public property – child abuse, rape, homosexuality, and drug trafficking involving an amount more than four grams were not eligible for clemency, the President’s Office said last month.

Details of the convicts, the conditions for granting clemency and the reduced sentences were not disclosed on either occasion.

Article 115 of the constitution states that the president has the authority “to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal.”

“Operation Challenge”

Shafaz was arrested on June 24, 2011 with 896 grams of heroin from a rented apartment in a building owned by PPM MP Ahmed ‘Redwave’ Saleem.

Former head of the Drug Enforcement Department (DED), Superintendent Mohamed Jinah, told the press at the time that police raided Henveiru Fashan based on intelligence information gathered in the two-year long “Operation Challenge.”

Jihah labeled Shafaz a high-profile drug dealer suspected of smuggling and supplying drugs since 2006.

The traffickers had been using an authorised money exchanger called A J Emporium to transfer funds to Sri Lanka, Jinah revealed.

The drugs were believed to have been smuggled via Sri Lankan Airlines.

Jinah claimed that the network smuggled drugs worth MVR1.3 million (US$84,306) to the Maldives between February and April 2011.

Police also discovered that Shafaz had bought a shop named ‘Charm’ for MVR150,000 (US$9700) that was sold in June 2011 for MVR200,000 (US$12,970).

Moreover, Shafaz was renting three apartments in Male’ and owned a tailor shop bought for MVR200,000 (US$13,000), a shop in Kaafu Atoll Maafushi, and a Suzuki Swift car worth MVR180,000 (US$11,673), later sold for MVR170,000 (US$11,025).

As Shafaz was not in the room with the drugs at the time of the raid and his fingerprints were not found on the confiscated drugs, the Criminal Court ruled last year that there was not enough evidence to convict Shafaz on one count of the drug charges.

However, he was found guilty on the second count based on recorded phone conversations and financial transactions with a contact in Colombo, believed to be the supplier.

Three of Shafaz’s accomplices who were caught with the opiates and packing equipment – Ismail Shaheem, Mohamed Meead and Anas Anees – were meanwhile found guilty of possession and trafficking and sentenced to ten years in prison.

In a speech a few days after the drug bust, former President Mohamed Nasheed said he found it “quite shocking [that] 800 packets of heroin a night were getting sealed in the house of an honourable member of parliament.”

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Chief Justice calls on Majlis to hasten PG appointment

Chief Justice Ahmed Faiz has called on the parliament to hasten the appointment of a new prosecutor general (PG).

Speaking at the inauguration ceremony of the Drug Court’s development structure, the Chief Justice noted that parliament had been conducting extra sittings to conclude unfinished work, and that it was possible to appoint a PG during one of those sittings.

The Criminal Court decided in January that it would not accept any cases submitted by the PG’s Office, and that it would halt all existing cases as the PG position had been vacant for over 30 days.

Deputy Prosecutor General Hussein Shameem today said that he was yet to receive any response from the apex court regarding an appeal for assistance in the matter, made over two weeks ago.

Faiz noted that each day that passed without a PG was a day on which he felt concern. He expressed regret that one half of the criminal justice procedure was now ineffective, and that the constitutional time frame to appoint the new PG had passed.

Furthermore, Faiz said that if the constitution mandates to do something during a specific duration of time it has to be done in that period. The constitution states that if the position of PG becomes vacant a new person must be appointed in 30 days.

Faiz presided over Supreme Court proceedings during the annulment of the 2013 presidential election first round – though the chief justice himself opposed the ruling. The delays resulting from the verdict’s guidelines subsequently led to the extension of the legally mandated presidential term of office, prompting fears of a constitutional crisis.

Speaking to Minivan News today Deputy Prosecutor General Hussein Shameem said that the Supreme Court had still not responded to a letter sent by his office complaining about the Criminal Court’s decision.

‘’We called the Supreme Court today also to ask about the response but we were unable to get a word from the Supreme Court regarding the issue,’’ he said.

He stated that it was not for him to make the Supreme Court and parliament accountable and there was nothing he could do about it.

‘’Next week we will decide what to do,’’ he added.

On November 25, former PG Ahmed Muiz submitted his resignation just as parliament was set to debate a no-confidence motion against him.

Last month, Shameem said that the laws did not prohibit the deputy from taking over the responsibilities of the PG should a new person not be appointed within the required 30 days.

He also expressed concern that there were people held in pre-trial detention who were to be kept there until their trials were concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoints a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post, submitting the name to parliament for MPs’ approval.

The issue was sent to the Majlis independent commissions committee, with the group subsequently deciding to seek public opinion before sending Hameed’s name to the parliament floor. The Majlis is now on recess and will not re-commence work until March.

On January 9, the Supreme Court had ordered the Criminal Court to continue pending trials, saying that the criminal justice system must proceed in order to maintain constitutional rule.

The Criminal Court announced it would not reconsider its decision to stop accepting cases, but decided to continue with cases that were already filed at the court.

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PPM sets primaries in 27 constituencies for February 8

The ruling Progressive Party of the Maldives (PPM) has set primaries for 27 constituencies to determine candidates for the People’s Majlis elections.

Polls will proceed between 4:00pm and 11:00pm on Saturday (February 8). Party members are required to register to vote by 12:00am on Saturday.

The PPM has not yet publicised the list of eligible candidates. The party’s Secretary General Mohamed Zuhair said the list will be revealed this evening.

Parties in the ruling coalition allocated 49 seats to the PPM, 28 seats to the Jumhooree Party (JP) and nine seats to the Maldives Democratic Alliance (MDA).

Of the 49 seats, 13 candidates received the party ticket by default – including eight incumbent MPs.

Regarding the nine remaining constituencies, the party has not yet decided whether to hold a primary or award the party ticket to the nine incumbent MPs.

Local media has reported the PPM leadership to be split over the issue.

An estimated 150 candidates applied for the PPM ticket in 36 constituencies. The party said it will grade applicants on a six point criteria, and that only candidates receiving over 75 points would be allowed to compete.

The criteria includes the extent to which candidates have upheld the party ideology, the length and amount of service to the party, their experience in parliament, and participation in the presidential campaign. Candidates in unspecified special categories designated by the party will also receive extra points.

In the instance only one candidate in a constituency meets the 75 percent threshold, he or she will be awarded the party ticket, and if all applicants fail then a primary will be held among all candidates.

The procedure for selecting candidates have come under fire with supports in Laamu Atoll Kunahandhoo holding a protest over the allegations that the PPM may not hold a primary for the Maavah constituency.

Meanwhile, the JP has assigned candidates for all 28 seats without a primary. All eight incumbent MPs as well as former Commissioner of Police Abdulla Riyaz have received the party ticket.

The MDA held primaries last week for two of the nine constituencies reserved for the party. The party ticket was awarded to two incumbent MPs and a further two candidates won the ticket by default.

Although the Gaaf Dhaal Atoll Gahdhoo constituency was reserved for the MDA, the party will not be field a candidate in order to allow incumbent MP Zahir Adam to run as an independent.

Zahir at present belongs to the opposition Maldivian Democratic Party (MDP), but did not apply to contest in the MDP primaries. The Gahdhoo MP violated a three-line whip in December and has been suspended from the party until after the Majlis elections.

The religious conservative Adhaalath Party has also announced it will field five candidates in constituencies reserved for the JP.

The AP has condemned the coalition’s decision to exclude the party from the constituency allocation.

The deadline for submitting applications to the Elections Commission is February 11.

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Figh Academy VP endorses female genital mutilation

Vice President of the Figh Academy Dr Mohamed Iyaz Abdul Latheef has endorsed female genital mutilation in response to a question posed by a reader on mvislamqa.com.

Iyaz said several credible hadiths from the Prophet Mohamed demonstrated female circumcision is obligatory in Islam.

“The Prophet (PBUH) said: ‘Five things are part of the fitrah [nature] – circumcision, shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.’ The circumcision in this hadith applies to both men and women,” Iyaz said.

Today is international day of zero tolerance to female genital mutilation. Executive Director of the UNFPA Dr Babatunde Osotimehin said female genital mutilation threatens the lives and futures of women and girls and is “an affront to their human dignity, an assault on their health and an impediment to the well-being of their families, communities and countries.”

“Human development cannot be fully achieved as long as women and girls continue to suffer from this human rights violation or live in fear of it,” he added.

In 2011, then Vice President Dr Mohamed Waheed Hassan expressed concern over a reported increase in female circumcision in the Maldives.

“We are beginning to hear reports of this occurring, and I have heard on radio and television people justifying the practice. It is quite disheartening,” he said at the time.

Obligatory or recommended

Islam calls for female circumcision, but there is dissent between scholars on whether circumcision is obligatory (farl) or highly recommended (mustahabb), Iyaz said.

“A hadith relayed by Aisha [Prophet Mohamed’s wife] says: ‘A bath becomes obligatory if one sleeps with your wife and the circumcised parts touch each other.’ The word circumcision has been applied to both men and women here.  The hadith demonstrates that women must be circumcised as well,” said Iyaz.

He also quoted Saudi Arabia’s Fatwa Comittee which expressed concern over the decline of female circumcision in Muslim countries.

“Circumcision of girls is a religious obligation that is slowly fading from many Muslim communities. It is an obligation or Sunnah that we must not let go of. It is the symbol that differentiates Muslims from non-Muslims.”

The fatwa said female circumcision must be carried out by specialised doctors, and added: “In a woman, the small sliver of muscle and the surrounding skin above the urinary tract is cut during circumcision.”

Iyaz said the Prophet Mohamed has ordered circumcision practitioners not to cut severely during circumcision.

Iyaz was elected as the VP of the Figh Academy in 2012. The organisation is a body established by the Ministry of Islamic Affairs to advise the government on Islamic jurisprudence.

In early January, Iyaz condemned MPs for approving the sexual offenses bill which recognises marital rape, and advised MPs who voted for the bill to repent.

Zero tolerance

More than 125 million girls and women have been cut in the 29 countries in the Middle East and Africa where female genital mutilation is practiced, the UNFPA has said in a press release today.

The organisation is committed to work with partners to end harmful practices including violence against women and female genital mutilation, the UNFPA said.

“We strongly believe that when young people, especially young women claim their right to health, including sexual and reproductive health, education and decent work, they become powerful agents for social and economic development.”

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Police to oversee security at IGM Hospital

A special constabulary force is to oversee security at the state owned Indhira Gandhi Memorial Hospital (IGMH).

Assistant Commissioner of Police Hussein Adam and IGMH Project Director Ahmed Ali signed the MOU at a ceremony held this morning.

The arrangement was initially announced last month, with the force’s special constabulary being brought in to resolve ongoing security issues at the public hospital.

“Everyone agrees that IGMH is in dire need of stronger security. We had some thieves walk out with our fundbox, we had keys stolen, we have had our doctors threatened…we absolutely are in need of taking stronger security measures,” IGMH’s Deputy CEO Mohamed Habeeb told Minivan News in January.

Under the MOU, police will provide security around the clock, protect clients, stop thefts and muggings in the hospital premises and will take action against any individual who threatens hospital staff.

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Three arrested from MP Jabir’s house with illegal narcotics and alcohol

The Maldives Police Services raided opposition MP Abdulla Jabir’s house in Malé and arrested three individuals for possession of illegal narcotics and alcohol.

Local media report that Jabir does not live in the building.

The raid was carried out under a court warrant on Wednesday night.

The three arrested are a 24 year old man, a 27 year old man, and a 23 year old woman. The police found one bottle of alcohol, one empty bottle of alcohol, four bottles containing narcotics, and one rubber packed containing narcotics.

On Wednesday, the police found three packets thought to contain narcotics in Gaa Dhaal Atoll Faresmathoda Island. No arrests were made.

On the same day, the police arrested a 21-year-old man in Kaafu atoll, Kaashidhoo island, with 14 folded paper pieces containing narcotics. Three men in Kaafu atoll, Guraidhoo Island, were also arrested with 39 rubber packets containing narcotics.

On Tuesday night, the police arrested a 22-year-old man from Haa Alif atoll, Maarandhoo island, with drugs and poker chips. A woman in Haa Alif Atoll Ihavandhoo had accused the man of sexual harassment on the same day.

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Alhan to contest as an independent, Jabir awarded MDP ticket again

The opposition Maldivian Democratic Party (MDP) MP Alhan Fahmy has decided to contest the Addu Atoll Feydhoo constituency as an independent candidate following the party’s decision not to invalidate primary results despite irregularities.

Meanwhile, the MDP’s deputy parliamentary group leader MP Abdulla Jabir has been granted the party ticket again after the party’s appeals committee invalidated the disciplinary committee’s decision to retract the ticket.

The MDP held primaries in 56 constituencies to determine candidates for the People’s Majlis in late January. The party ticket was awarded to 29 candidates by default.

The MDP’s primaries have been marred by allegations of irregularities, but the election committee has said none of the complaints effect the results.

Feydhoo constituency

Alhan lost the party ticket to Mohamed Nihad on January 31, winning only 154 votes to Nihad’s 316. Shortly after results were announced, Alhan said he did not accept the results and said that polling had proceeded on an outdated voters list.

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

Alhan was stabbed in public on February 1 and is currently receiving treatment at Colombo’s Central Hospital.

Speaking to local media, Alhan said: “I do not believe MDP’s decisions are very just at the moment. That is why I have decided to contest as an independent. Certain people are influencing the MDP’s decisions.”

Family members have said Alhan intends to challenge the MDP’s decision at the Elections Commission and the Civil Court as soon as he returns to Malé.

Despite expressing concern that Alhan may not be able to walk yesterday, family members have now said doctors believe Alhan will regain the full use of his legs. Doctors have not yet, however, detected any movement in his right leg yet.

“Doctors say it will take him some time to walk after the operation. They say that leg will get better. It is [paralysed] due to damage to the backbone. It will take some time for my brother to walk,” Alhan’s brother Azban Fahmy has said.

In addition to Alhan, primary candidate in Baa Atoll Kendhoo constituency Mauroof Zakir has also alleged irregularities in the MDP’s Majlis primaries.

Kaashidhoo constituency

The MDP’s disciplinary committee on January 26 retracted Jabir’s party ticket after he violated a three-line whip and voted for President Abdulla Yameen Abdul Gayoom’s cabinet.

Jabir had won the ticket by default due to a lack of contenders.

The committee also stripped Jabir of his position as deputy parliamentary group leader and asked him to issue a public apology. The appeals committee said Jabir had also violated a three-line whip on the day following the cabinet approval vote by rejecting the Penal Code.

The MDP then called for new applicants for the constituency, and had scheduled a primary for this evening.

Jabir subsequently appealed this decision with the MDP’s appeals committee, claiming the disciplinary committee’s verdict was “authoritarian and discriminatory”.

A majority of the six member appeals committee ruled today that under Article 113 of the MDP constitution, the disciplinary committee could only issue a warning, levy a fine, and suspend or revoke party membership. It could not revoke a party ticket, the ruling said.

Further, under the MDP Parliamentary Group’s rules of procedures, the group’s deputy leader could only be removed from his position after a no confidence motion within the group.

Jabir has now been reinstated to the position, and primaries for the Kaashidhoo constituency have been called off.

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PPM primary tickets awarded to 13 persons by default

The Progressive Party of Maldives (PPM) has selected 13 of its allocation of 49 candidates to contest in the upcoming parliamentary elections without primary races, after no competitors came forward.

According to the party, there are nine incumbent MPs among the 13, with the other four being new candidates.

Laamu Fonadhoo constituency was won by party Deputy Leader and MP Abdul Raheem Abdulla, Villimaafannu constituency was won by MP Ahmed Nihan, Galolhu South constituency by Ahmed Mahloof, Eydhafushi constituency by Ahmed ‘Redwave’ Saleem, Faafu Nilandhoo constituency was won by MP Abdul Muhusin Hameed, and Haa Alifu Kelaa constituency was won by MP for Haa Dhaalu Vaikaradhoo Ali Arif.

Meanwhile, Dhiggaru constituency was won by Deputy Speaker of parliament Ahmed Nazim, Fuvamulak South constituency was won by MP Abdulla Maseeh Mohamed, Vilifushi constituency was won by MP Riyaz Rasheed, Henveiru South by Mohamed Riyaz, Thaa Guraidhoo by Hussein Manik Dhon Manik, Thinadhoo North Saudhulla Hilmy, and Haa Alifu Baarah constituency was won by Ibrahim Sujau.

The party has said that tickets for other constituencies will be given after holding primaries. PPM Secretary General Yumna Maumoon was not responding to calls at the time of press.

An estimated 140 PPM supporters in Laamu atoll held protests last Saturday following the apparent decision to grant the Maavah constituencyticket to incumbent MP Abdul Azeez Jamal Abu Bakr without a primary. Locals expressed disappointment with the incumbent’s performance over the past five years.

Coalition member, the Adhaalath Party, has today revealed that it is waiting for the PPM to allocate constituencies in which it will be permitted to run on behalf of the governing Progressive Coalition during the parliamentary election.

The governing coalition – which also includes the Jumhooree Party (JP), and the Maldives Development Alliance (MDA) – recently reached a deal on reserving a set number of seats for each party.

Of the 85 seats, the PPM will contest 49, the JP will contest 28, and the MDA will contest 8 seats.

Speaking to the press today Adhaalath Party’s spokesperson Ali Zahir said the party had informed the PPM about the constituencies Adhaalath hopes to compete in.

Zahir said that the PPM had told Adhaalath that it was possible to give some of the proposed constituencies, but that it had not yet given a final answer.

Previously Adhaalath Party tried to negotiate with the JP, led by Gasim Ibrahim, but the two had contradicting views on how to divide the constituencies among both parties.

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MNDF continues search for lost diver

The Maldives National Defense Forces’ (MNDF) search for a lost diver has entered a second day.

Mohamed Jameel, 41, was reported lost at 11:55 am while he was diving with two others off the southern coast of Villingili Island in Kaafu Atoll. He was on a boat called Vidhuvaru.

Jameel was last seen wearing a black mask, a black dive suit and blue fins.

The MNDF has appealed to all boats traveling in the area to keep an eye out for Jameel, and called on the public to call toll free number 191 or 3395981/ 3398898 if they receive any reports of the missing diver.

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