Month: February 2014

PPM MP Mahloof proposes public referendum on death penalty

Progressive Party of Maldives (PPM) MP Ahmed Mahloof has proposed conducting a public referendum on the death penalty to allow voters to decide whether to restore capital punishment.

Speaking at a press conference at the PPM office this morning, the MP for Galolhu South said he was planning to submit a resolution to parliament on conducting the referendum simultaneously with the parliamentary elections scheduled for March 22.

Mahloof accused all three branches of the state of “making excuses” to avoid enforcing the death penalty, claiming that 99 percent of the public supported its reintroduction.

“When this issue comes to the People’s Majlis, they say very easily that this has been determined by religion so we don’t have to make a decision here. When it goes to the judiciary, they say the People’s Majlis has to make a decision on implementing death sentences,” the PPM spokesperson said.

“When the home minister issues an order to implement [death sentences], the government is saying today that we have to make a decision at the cabinet.”

Referring to the recent stabbing of MP Alhan Fahmy at a restaurant, Mahloof contended that lack of enforcement had emboldened criminals “to the point where people in senior posts of the state are attacked in open spaces.”

“So they will not hesitate to [attack] an ordinary citizen. This is a very serious matter,” he said.

Mahloof added that his purpose was to “build pressure” on the government to enforce the death penalty.

While presidential candidates spoke in favour of the death penalty during last year’s campaign, Mahloof observed that implementation efforts remained “stalled”.

The government would be forced to enforce capital punishment if the issue was decided in a public referendum, he added.

Mahloof also said that he was seeking signatures from MPs to hold an extraordinary sitting of parliament during the ongoing recess to debate the resolution. A sitting can be held during recess upon request by 26 MPs.

The ruling party MP said he met Elections Commission Vice President Ahmed Fayaz yesterday and was assured that the commission would discuss the issue of the referendum.

Article 70 of the constitution states that the lawmaking powers of the People’s Majlis include “the holding of public referendums on issues of public importance.”

Mahloof’s resolution – shared on social media today – states that seeking public opinion on the death penalty would alleviate international pressure and rebut those who claim Maldivians did not favour it.

“Despite the death penalty being prescribed in Islam, sentences are not implemented because of foreign and domestic pressure,” he tweeted.

In January, Home Minister Umar Naseer issued an order to the Maldives Correctional Service to begin preparations for implementation of death sentences by lethal injection.

The order prompted Amnesty International to call on the government to halt any plans to end the current moratorium on the death penalty, describing such a move as “a retrograde step and a serious setback to human rights in the country.”

President Abdulla Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – meanwhile told the press that the home minister’s order was not discussed at cabinet and promised “broad discussions” on the issue.

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Three opposition protesters fined for obstruction of police duty

The Criminal Court has handed an MVR3000 (US$ 194.5) fine to three men who were arrested at opposition Maldivian Democratic Party (MDP) protests on charges of obstructing police duty.

The three were sentenced based on eyewitness statements by police officers, a statement by the Maldives Police Services said.

MDP Spokesperson Hamid Abdul Ghafoor has condemned the charges as “manufactured”, but noted the Criminal Court had scaled down severity of sentences due to increased criticism of judiciary.

Last year’s report by UN Special Rapporteur Gabriella Knaul expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

Ahmed Nazeer, 23, and Ahmed Ahid, 37, were arrested on March 1, 2012 at an MDP protest held to block then President Dr Mohamed Waheed Hassan from delivering a presidential address at the People’s Majlis.

According to the police statement, the two men beat on police shields with their hands and feet and attempted to break police lines at the junction of Lily Magu and Alikilegefaanu Magu in Malé.

Ubaidhulla Saeed, 29, was fined for breaking through police barricades and disobeying police orders on June 22, 2012 in front of the Bank of Maldives (BML) main branch on Boduthakurufaanu Magu.

Obstruction of police duty is deemed a crime under Article 72 of the Police Act. An individual found guilty of the offense may be fined up to MVR 12,000 (US$ 778), and/ or sentenced to six months in jail.

The MDP held serial protests calling for early elections following former President Mohamed Nasheed’s ouster in February 2012.

According to the MDP, the police arrested over 800 individuals over the past two years and the Prosecutor General has filed charges against an estimated 170 MDP supporters “for exercising their right to freedom of speech and assembly.”

The charges include terrorism, obstructing police duty, disobedience to order and attacking police officers.

The Prosecutor General’s Office states that police charged 37 individuals with obstruction of police duty in 2013.

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High Court concludes hearings into deputy speaker’s corruption case

The High Court has concluded appeal hearings into one of four corruption cases concerning Deputy Speaker Ahmed Nazim. Today’s case was lodged by the Prosecutor General (PG) after the lower court had ruled Nazim innocent.

The hearing concerned charges of fraudulently collecting funds through a company owned by Nazim to buy sound systems for a mosque. The amount alleged to have been misappropriated by the deputy speaker in all four cases is alleged to be over US$400,000.

According to local media, High Court judges presiding over the case today said that there would be no more hearings unless the court needed to clarify further information.

Newspaper Haveeru has reported that, during today’s hearing, state attorney Abdulla Rabiu told the court Nazim had abused his authority as a company owner and had also used staff as accomplices.

Rabiu said that there was no need to press charges against the staff used in the corruption, however, and that only Nazim was to be held responsible.

Nazim’s defense lawyers had previously told the court that witnesses produced against him were company staff who had also been involved in the alleged fraud, and who therefore were not acceptable to the court as witnesses.

The state lawyer today responded to these claims by saying that the witnesses not been charged with any of the cases, noting that the constitution states everyone to be innocent until found guilty by a court of law.

Case history

In February 2012, the Criminal Court dismissed four corruption charges against Nazim. The decisions came just days after the controversial transfer of power on February 7 that brought former President Dr Mohamed Waheed to office. The court had then ruled that Nazim’s “acts were not enough to criminalise him”.

Along with Deputy Speaker Nazim, MP Ahmed “Redwave” Saleem, and Abdulla Hameed – both then ministers at the now-defunct Atolls Ministry – were charged in late 2009 on multiple counts of conspiracy to defraud the ministry.

The scam – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by the defendants in order to win bids for projects worth several hundred thousand dollars, including the fraudulent purchase of harbour lights and national flags, as well as mosque sound systems.

According to the report, the documents of Malegam Tailors – the company which won the bid for the harbour project- showed that it shared the same phone number as another of Nazim’s companies, Namira.

Fast Tailors, another company that submitted a bid, also shared the phone number registered under Namira.

Anther company – Needlework Tailors – which submitted the bid, had an employee of Namira sign the documents under the title of general manager, while there were no records to prove that a fourth company named ‘Seaview Maldives Private Maldives’ existed at all, according to the audit report.

The auditors noted that the Seaview bid documents had an date error also found on Fast Tailors documents. According to the auditors, the error was sufficient to prove the same party had prepared both company’s bids.

The prosecution began in late 2009, after police uncovered evidence that implicated Hameed, Saleem, and Nazim in a number of fraudulent transactions.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements, and forged cheques showing that Nazim had received over US$400,000 in the scam.

A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads. Police alleged that money was channeled through the scam to Nazim, who then laundered cash through Namira Engineering and unregistered companies

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Flexible working arrangements introduced for mothers in the civil service

The Civil Service Commission has amended the regulations to allow flexible working hours and the option to work from home for pregnant women and women with children under three years of age who have “no proper caretaking arrangements”.

With the regulation coming into effect today, any eligible female civil servant can now apply to make such arrangements under a separate contract.

The amendment requires the human resource committees of all institutions to formulate a standard procedure for flexible work hours and working from home. These standard procedures should include criteria for allowing such work arrangements – to address difficulties in services that may arise, as well as the amount of work and time period required for the arrangement.

With both flexible work hours and working from home, employers will not get the normal one hour break in the afternoon, and institutions are allowed to reduce the employees salary if their working hours fall below that normally required.

As of December 2013, there were 24,207 civil servants in the country – approximately 54% of them women. Nearly 75% of women in the civil service work as teachers, nurses, and administrative staff.

A subsidised childcare system and allowing women to work from home through the internet was part of the ruling Progressive Party of Maldives (PPM) manifesto pledged by President Abdulla Yameen.

The Minister of Defense has earlier promised a day-care center for the Maldives National Defense Force.

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Drug Court and police establish web portal to track drug offenders

The Drug Court and Maldives Police Services have established a web portal to track drug offenders.

Through the portal, the Drug Court will be able to immediately determine if the police arrest any individuals who have been released previously on the condition they do not commit second offenses.

The court will also be able to find out if a defendant in a drug case is under police custody.

The service will expedite the court’s work, the Drug Court has said. Police held a training for Drug Court employees on the service this morning.

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Parliament approves Mohamed Fayaz as high commissioner for Malaysia

The People’s Majlis today approved retired Deputy Commissioner of Police Mohamed Fayaz (FA) as the Maldives High Commissioner for Malaysia with 39 votes in favor, 8 against, and one abstention.

Following President Yameen’s nomination of Fayaz, his name was reviewed by the parliament’s National Security Committee.

The committee approved Fayaz without interviewing him, stating that he is “in terms of academic qualifications and experience, the best candidate to be appointed as the Maldives High Commissioner for Malaysia”.

Disgraced Civil Service Commission head Mohamed Fahmy Hassan was earlier appointed as the Deputy High Commissioner for Malaysia. In 2012 the parliament dismissed Fahmy as the president of the CSC for sexual harassment of a female staff member.

Mohamed Fayaz has also been criticised – particularly by the opposition Maldivian Democratic Party – for his involvement in the controversial power transfer of February 7, 2012.

Fayaz, along with Abdulla Riyaz who is currently running for People’s Majlis, and incumbent Minister of Defense Retired Colonel Mohamed Nazim were seen among the mutinying police officers gathered outside the military headquarters where President Mohamed Nasheed was at the time.

Fayaz negotiated between top generals and the mutinying police officers and was seen beside Nazim when he announced that the president should resign unconditionally.

According to the Commission of National Inquiry (CNI) which investigated the events that lead to the power transfer, Fayaz was with President Nasheed when he was taken from the military head quarters to the President’s Office for resignation.

“Nazim and Fayaz went into the President’s Office ahead of the car in which the President was travelling. Following behind the car were the President’s SPG, Chief of Defence Force and Military Operations Commander,” the CNI timeline of events stated.

Nasheed’s resignation letter was later taken from the official dispatch by Fayaz and Riyaz who then delivered it to the speaker of the people’s majlis.

Fayaz served in the National Security Service for fourteen years under President Maumoon Abdul Gayoom. He was a lieutenant at the time the NSS was split into the police and military branches.

In December 2008, President Mohamed Nasheed appointed him as the Deputy Commissioner of Police, but he was soon dismissed while on study leave. Within a month of his dismissal, Nasheed appointed him as the deputy minister of civil aviation and communication.

Following the power transfer of Febaruary 2012, President Mohamed Waheed appointed Fayaz as minister of state for home affairs.

In January 2013 Fayaz applied for registration of a political party named ‘Maldives National Industrial Alliance’, though the application was rejected last month by the Elections Commission for failing to reach the minimum number of members required for the registration of parties.

During the first round of presidential elections he entered the Jumhooree Coalition supporting businessman Gasim Ibrahim.

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Parliament approves government’s revenue raising measures

Parliament today passed three bills submitted by the government to raise additional revenue anticipated in the 2014 state budget.

The revenue raising measures approved today include hiking the Tourism Goods and Services Tax (T-GST) from eight to 12 percent in November, reintroducing the discontinued US$8 bed tax starting this month, and requiring resort lease extension payments to be made within two years.

While the two amendments to the Tourism Act were voted through 38-18, the amendment to the Goods and Services Tax Act was approved 39-18. The changes will take effect once signed into law by the president.

The passage of the amendment bills was greeted with applause from government-aligned MPs.

MPs of the opposition Maldivian Democratic Party (MDP) voted against all three pieces of government-sponsored legislation, contending that the tax hikes would adversely affect the tourism industry.

“Numbers will not match”

The government had initially proposed collecting resort lease extension fees within three months, collecting bed tax throughout this year, and raising T-GST in July.

However, the parliamentary subcommittee that reviewed the legislation consulted the Maldives Association of Tourism Industry (MATI) last week and recommended revising the government’s proposals.

Representatives from MATI opposed continuation of the bed tax alongside the T-GST increase.

Appearing before the subcommittee, MATI Secretary General Ahmed Nazeer also questioned the practicality of collecting resort lease extension fees upfront.

Only 17 out of more than 100 resorts offered the opportunity by the administration of former President Mohamed Nasheed to extend leases with a lump sum payment were able to do so, Nazeer said.

Resort owners had amended their lease agreements to pay extension fees in installments during Dr Mohamed Waheed Hassan’s administration, Nazeer noted, and revising agreements for a third time could present legal challenges.

Government-aligned Jumhooree Party Leader Gasim Ibrahim – who chaired the subcommittee – meanwhile told local media following the revisions that the bed tax and T-GST hike would overlap in November, after which the former would be discontinued.

The decision was made to compensate for the loss of income from the bed tax in January, the business magnate and resort owner explained.

Finance Minister Abdulla Jihad told local media last month that the Majlis’s failure to extend the bed tax would result in a revenue shortfall of MVR100 million (US$6 million) a month.

Moreover, in the wake of the subcommittee’s revisions, Jihad warned that the projected MVR 3.4 billion (US$224 million) in additional revenue – which accounts for 18 percent of the record MVR17.95 billion budget passed for this year – could not be realised in full due to the changes.

Following remarks by Progressive Party of Maldives MP Moosa Zameer at the subcommittee last week – suggesting that pro-government MPs supported abolishing the bed tax in favour of increasing T-GST – Jihad told Minivan News that the government’s stance had not changed.

“It has not changed. And if the government does not go on with the bed tax, the numbers will not match in the budget,” he said.

Meanwhile, parliament yesterday accepted for review amendments submitted by the government to revise import duties.

In addition to raising tourism taxes and custom duties, other revenue raising measures proposed by the government include raising airport departure charge for foreign passengers from US$18 to US$25, leasing 12 islands for resort development, and introducing GST for telecommunication services.

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EC to hold polls for five local councils on February 15

The Elections Commission (EC) has scheduled polls for four island councils and one atoll council for February 15.

Polls are being held to determine the fifth member of the Haa Alif atoll Muraidhoo, Shaviyani atoll Kondey, and Raa atoll Maakurathu island councils after two candidates were tied for fifth place during the vote held on January 18.

A fresh vote is being held in Noonu atoll, Miladhoo island, with the EC having invalidated the January 18 vote due to irregularities.

The delayed polls for the Gaaf Alif atoll council will also be held on February 18. The EC had postponed the vote to allow additional time for a formerly disqualified candidate to campaign. After the Supreme Court overturned the ruling, the vote was delayed, only for the candidate in question to withdraw.

Eligible voters who wish to cast their ballot in a location other than the box with which they are currently registered can submit re-registration forms at the EC until 3:00pm tomorrow.

Ballot boxes will only be placed in the respective islands and in Malé. To check registration status, send an SMS to 1414 with VIS [National ID#].

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18 year old sustains head injuries in assault

An 18 year old male was assaulted with steel pipes in Henveiru Ward Adi Park in Malé last night.

The young man sustained head injuries and was treated at ADK Hospital. No arrests have been made yet.

Violence has been on the rise in Malé recently. MP Alhan Fahmy was stabbed in public at a cafe on Saturday and is currently undergoing treatment in Sri Lanka.

On January 27, two 18 year old males and one minor were stabbed in three separate attacks. On January 26, a Bangladeshi national was stabbed during a mugging attack.

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