Day: March 11, 2014

Police arrest five for drug possession

Police arrested five young people yesterday (Monday 10) for possession of illicit narcotics.

The Maldives Police Service reported that they were a “22 year old, a 21 year old, an 18 year old and two 17 year olds, all locals”.

The Police Life website stated that they were taken in at 3:36pm on March 10 based on information which stated that these individuals were “involved in the trafficking and trade of illicit narcotics within the country”.

A search of their house revealed 80 cellophane packets of suspicious substances. The Drug Enforcement Department is investigating the matter further.

Police have made conducted a number of raids in recent weeks, with Home Minister Umar Naseer having vowed that the main target of his ministry for the next five years would be curbing drug-related crimes.

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Fiqh Academy advises against importing kosher meals

The Fiqh Academy of Maldives has issued a fatwa (legal opinion) stating that the importation and sale of kosher meals – foods that conform to Jewish dietary laws – is not advisable under Islamic Shariah.

Following its research of kosher foods, the academy however found that neither its ingredients nor production process involved elements forbidden by Shariah.

While consuming kosher meals was therefore not forbidden for Muslims, the fatwa stated that it was not advisable to introduce a Jewish product to an Islamic nation such as the Maldives.

The fatwa was signed by the academy’s President Sheikh Mohamed Rasheed Ibrahim – former chief justice and head of the Supreme Council for Islamic Affairs under President Maumoon Abdul Gayoom – and ten other members of the academy.

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Bandidhoo harbour construction resumes after five years

The Bandidhoo harbour project officially recommenced yesterday (March 10) after a five year pause in construction.

Minister of Housing and Infrastructure Dr Mohamed Muizzu and Meedhoo MP Ahmed Siyam Mohamed were at the ceremony to inaugurate the project, Sun Online reported.

The project was initially started by President Maumoon Abdul Gayoom’s government in 2008, and stopped during that year’s change in government.

Sun Online reported that Housing Minister Dr Muizzu said the present government would fulfil its pledges and produce results, as it has proved over the past few months.

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EC dismissals: Court decision condemned by international community, EC praised

The decision of the Supreme Court to dismiss members of the Elections Commission (EC) this week has been roundly condemned by the international community.

In statements released today, the US has said it “strongly objects” to the courts actions, and Canada has said that it was “deeply troubled” by the decision, while UN Secretary General Ban Ki-Moon has also expressed concern.

Meanwhile, all three statements have praised the work of the EC over recent months – the US noting that the EC has made “laudable efforts to hold multiple successful elections despite previous judicial interference.”

“The Maldives Election Commission has done an exceptional job under especially difficult circumstances in ensuring transparent, inclusive and credible electoral processes in the Maldives,” read the Canadian statement.

Similarly, the UN stated noted that Ban Ki-Moon “commends the Elections Commission for its professionalism and tireless efforts to ensure credible and transparent elections.”

The growing international criticism of the court’s decision comes alongside domestic accusations that the ruling has undermined the constitution and the independent institutions contained therein.

With less than two weeks remaining until the Majlis polls on March 22, the EU’s Maldives Elections Observer Mission has noted the significant “time pressure” which now weighs on the EC.

Following the dismissal of EC President Fuwad Thowfeek and Vice-President Ahmed Fayaz on Sunday (March 9), the EC is left without a constitutionally mandated quorum needed to hold meetings.

The government is currently taking applications for the vacant positions, after which the president is legally required to submit names to the Majlis for approval.

The Majlis yesterday wrote to both the Chief Justice and the Attorney General stating that the constitution granted the powers for appointments and dismissals of the EC to the legislature.

International critics

“The Court’s decision to censure all members of the commission for ‘disobeying and challenging’ previous Supreme Court judgements also raises questions regarding due process and judicial interference in the electoral process,” read today’s Canadian statement.

“An independent and effective election commission is an essential element in any genuine democracy, and undermining the commission and its ability to function again places the Maldives’ democratic transition in question.”

In a similar vein, the US statement suggested that the court’s decision represented an “unprecedented expansion of judicial powers”.

“The Supreme Court’s insistence on holding parliamentary elections on March 22 while imprisoning the very official responsible for holding those elections calls into serious question the government’s commitment to democracy,” said the US State Department.

Ban Ki-moon underlined the “importance of respect for the principle of separation of powers, the rule of law, and the independence of constitutionally established bodies.”

Today’s criticism comes after repeated warnings from the government to refrain from criticising the country’s courts.

President Abdulla Yameen yesterday noted that the tendency for “first world” countries to “interfere” in the internal matters of small countries was concerning, echoing comments recently made by the Maldives’ foreign minister at the UN Human Rights Council.

“We request our international partners to support us. We request you to contribute constructively in overcoming our challenges. We urge you not to undermine our judicial system,” said Dunya Maumoon the HRC’s 25th session last week.

Dunya yesterday also called upon the Commonwealth – a notable critic of the Maldives during the recent protracted presidential elections – to become a more “relevant” and “responsive” body.

The Commonwealth had not released any statements on the current EC case at the time of press.

The Maldives judiciary has been the subject of international criticism on a number of occasions in recent months.

The UN Human Rights Committee on civil and political rights has previously said it is “deeply concerned about the state of the judiciary in the Maldives”, while the United Nations High Commissioner for Human Rights Navi Pillay last year accused the Supreme Court of “subverting the democratic process”.

UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul expressed concern over the judiciary in a 2013 report, while the International Commission of Jurists (ICJ) had in 2011 stated that the Maldivian courts were failing to serve the public impartially.

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EC dismissals: Fuwad and Fayaz remain EC members, says Majlis committee

The parliament’s independent institutions oversight committee yesterday declared that the Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz still remain in their posts despite the Supreme Court’s verdict to the contrary.

Yesterday (March 10), parliament also sent a letter to Chief Justice Ahmed Faiz Hussain and Attorney General Mohamed Anil stating that the dismissals were contrary to the constitutional procedures governing their appointment and dismissal, as well as the Elections Commission Act.

The letter stated that the contents were based on the legal advice of parliament’s Counsel General Fathimath Filza after her analysis of the Supreme Court’s verdict.

Senior leaders within the ruling Progressive Party of Maldives (PPM) have today criticised the letter, noting it did not represent a parliamentary decision and also that such statements were beyond the Majlis’ remit.

EC President Thowfeek, Vice President Fayaz and the remaining members – Ali Mohamed Manik and Mohamed Farooq – were also been summoned to attend a committee meeting at 1:30pm today (March 11).

The EC members have been summoned for the purpose of discussing how procedural matters were carried out during the case proceedings, as well as to discuss ‘suo moto’ proceedings as applied through the constitution.

The committee held discussions with the EC members as well as Thowfeek and Fayaz at a closed-door session today.

In addition to the members of the EC, the committee also decided to summon members of the Judicial Services Commission at 2pm today to debate ‘suo moto’ and the means of taking action against the Supreme Court.

Deputy Chair of the committee, MDP MP Rozaina Adam – who chaired Monday’s meeting – alleged that while the Supreme Court has the constitutional mandate of having final say in matters of justice, what is currently being observed is a tendency to abuse those powers.

MDP MP Imthiyaz Fahmy stated that “it is an obligation to criticise a court on which’s bench sits ‘naked’ judges” – referring to the leaked sex video of Supreme Court judge Ali Hameed. He added that there is no law which outlaws the criticism of courts outside of court hearings.

“What we are seeing today is judicial shamelessness,” Fahmy said, asserting that the Supreme Court’s verdict against the EC was unconstitutional.

“It’s a parliamentary statement, not a decision”: PPM PG Leader

PPM Parliamentary Group Leader Moosa Zameer has responded to the letter sent yesterday, stating he did not believe it was a parliamentary decision.

“I don’t believe it is a decision. On the other hand, the parliament can release a statement or send a letter to someone based on the advice of the Counsel General. However, that is not a parliamentary decision,” said Zameer.

“We don’t accept that the letter signed by the speaker and his deputy is a parliamentary decision. Parliamentary decisions are ones which are taken on the parliament floor,” Zameer is quoted as saying to local media.

He added that it was obligatory for all to obey the orders of the Supreme Court, and that the PPM’s stand echoed this principle.

When contacted by Minivan News for further comment, neither Zameer’s nor PPM MP Ahmed Nihan were responding to calls at the time of press.

President Abdulla Yameen has also criticised the letter, claiming that it is outside the parliament’s mandate to release such a statement.

Speaking at the launching of PPM’s Villimalé parliamentary candidate Ahmed Nihan’s campaign, Yameen stated that it was the norm in a modern civilisation to obey the rulings of the Supreme Court.

He reiterated that the government would follow the orders of the Supreme Court and that it would proceed to elect new members to the EC.

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Airport staff strike over bad food and bad bonuses

Maldives Airports Company Limited (MACL) employees working at Ibrahim Nasir International Airport (INIA) went on strike today over the low quality of food served at the staff cafeteria as well as cuts to the annual company bonus.

The protest began early this morning and continued until around noon. At around 10:30am, the managing director of the company arranged a meeting with a five member group representing staff, as well as with the CEO Ibrahim ‘Bandhu’ Saleem.

While the protesters estimated that approximately 250 – 300 employs were ready to go on full strike, the situation was resolved following the meeting after employees were assured that solutions would soon be found for all their concerns.

Speaking to Minivan News, one of the five staff negotiators said that the main two demands of the protesters were the improvement of the conditions of the staff restaurant ‘Beach Rest Cafe’, and the resumption of the annual company bonus for employees – which has been “discontinued for the past two years”.

When disbursed by India’s GMR – the previous company that managed the airport – some would receive a bonus of MVR1500 while others would receive as much as MVR30,000, said the staff negotiator.

“It started with the Beach Rest issue. Even today they served rotten curry. This has been going on for a while now. We cant eat the food they prepare,” he explained.

MACL Corporate Communications Manager Hassan Areef said that the situation was resolved shortly after negotiating with protesters.

“Beach Rest is not run by the company, but we will talk to them and address the issue immediately,” he said.

When asked about the company bonus, he said that information would be revealed on that as progress is made, but assured that the company would this issue also.

“When the situation was resolved the staff were happy, they went back to work immediately,” Areef said.

Ibrahim Rasheed, a protester who took part in the dialogue, said that staff were promised the cafeteria issue would be addressed immediately and that another cafeteria would be established within two or three months.

Another protester said that the CEO had assured them the annual bonus would also be arranged shortly.

“He said it will be arranged very soon – as soon as the ongoing audit is completed. We were told that the bonus will be even better than before,” he said.

According to MACL staff concerned about the bonus, the issue has been taken to senior management several times within the past two years without any response.

In 2010, the GMR Male International Airport Pvt Ltd (GMIAL) – a consortium of the Indian GMR Group (77%) and the Malaysia Airports Holding Berhad (23%) — was awarded a concession contract to manage the airport for a period of 25 years.

However, President Dr Mohamed Waheed’s government prematurely terminated the agreement and the airport was handed over to the 100% government owned MACL in December 2012.

GMR later filed a compensation claim of US$1.4 billion for “wrongful termination”.

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Assaulted inmate flown to Sri Lanka for medical treatment

Officials from the Home Ministry have confirmed to local media that Ibrahim Azar – critically injured during a jail fight in Maafushi prison last month – has been sent to Sri Lanka for medical treatment.

According to a report on the incident shared by the Maldives Correctional Services (MCS) with parliament’s government oversight committee earlier this month, Azar had requested to be transferred from his cell more than an hour before the assault.

A person familiar with the matter told Minivan News that Azar was attacked by his cell mates after calling prison officers when a fight broke out between two of his cell mates on February 24.

“Azar was kept in A-B/Unit-3 of Maafushi Prison with two other inmates, and that day the two inmates had an issue and started fighting,’’ the source said.

“Azar called the prison officers and the prison officers talked to the two that were fighting and resolved the issue – but as soon as the prison officer left they started fighting again.’’

He added that Azar called the prison officers once more, though the fighting had stopped by the time officers arrived and so the guards left the cell again.

“It repeated three times, and after the fourth time prison officers were called Azar was attacked by his two cell mates,’’ the source said.

The source alleged that Azar’s cell mates attacked him using a razor blade. He received multiple wounds to his body, and his head was allegedly banged against the cell wall or the metal fence.

However, officials from the MCS had denied that any “sharp objects” were used in the assault when asked by MPs at the oversight committee meeting.

The source meanwhile said that the hospitalised inmate was “very skinny” and “very weak.”

“After the attack the prison officers had to wrap him inside a mat to carry him outside due to bleeding, his head was smashed,” he said.

“The inmates have to shake the metal fences to alert the prison officers if anything is happening otherwise they will pretend they did not hear,’’ he said.

“If one cell starts shaking the fences all the other cells will start shaking the metal fence.’’

MCS report

According to the one-page MCS report, on February 24, Prison Corporal Mohamed Mujthaba, the ranking duty officer at the time of the incident, was informed by guards of unrest in cell number 12 of unit three, wing one, at about 5:25pm.

Mujthaba questioned the prisoners and was asked by two of the three inmates in cell 12 – Ali Ashwan of Ma. Oasis Villa and Azar – to be transferred to a different cell.

“However, when [the inmates] were asked to explain the reason for wanting to change cells, they refused to do so until they were taken out of the cell,” the report revealed.

At about 6:00pm, the report stated, instructions were given to transfer the inmates, but the third inmate in cell 12 – Ahmed Liushan, also from Ma. Oasis Villa – obstructed prison guards who attempted to take the other inmates out of the cell.

At about 6:50pm, Mujthaba and Emergency Support Group officers made their way to the cell upon hearing a commotion from the unit, finding the “severely beaten” Azar inside.

Negligence in the prison was also reported to have led to violence in December 2010 after inmates attempted to inform prison officers of the illness of a cell-bound inmate.

After officers failed to respond to pleas from inmates, prisoners reportedly shook the bars to gain the attention of officers – who were subsequently alleged to have beaten the inmates causing the disturbance.

“Nobody cares for the inmates, only some politicians speak about it, but only for political purposes and not with the intention of correcting anything,” said a source close to the incident at the time.

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High Court rules Jabir cannot be released

The High Court has decided that the Maldivian Democratic Party (MDP) member Abdulla Jabir cannot be released from jail as his legal team had requested.

Jabir’s legal representatives submitted their appeal earlier this month on March 3. At the hearing yesterday (March 10) Jabir’s lawyers asked the court to release the MP until it had reached a conclusion on whether or not to uphold the Criminal Court’s decision to imprison him for 12 months.

On February 20 Jabir was sentenced to 12 months in prison after being found guilty of failing to provide a urine sample to the police to run a drug test.

The Kaashidhoo MP’s representatives have argued that his trial and sentencing “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives.”

Local media reported that the High Court informed Jabir’s legal team that their request could not be granted later on the same day.

The incident leading to Jabir’s imprisonment happened on November 16, 2012, when a total of 10 people were taken into police custody after police raided and searched the island Hondaidhoo. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. Seven individuals including other senior MPs refused to give a urine sample, leading to prosecution.

Police issued an order for Special Envoy Ibrahim Hussain Zaki – one of those facing charges related to the incident – to be taken into custody presented in court after officials were unable to present him with a summons.

After his conviction, Jabir’s legal team submitted a plea to the High Court arguing that he had the right to campaign for the Majlis elections. Jabir was set to re-contest his Kaashidhoo seat after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

The constitution stipulates that a anyone sentenced to longer than 12 months in prison will be ineligible for election to the People’s Majlis.

While the MP was recently found not to have been guilty of possessing cannabis during the incident, his trial for alcohol possession is ongoing.

Speaking prior to this announcement by the High Court, Jabir’s wife Dhiyana Saeed stated the legal team would file a case with the Civil Court if the High Court did not accept.

Dhiyana was not responding to calls at the time of press.

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EC dismissals: President pledges to abide by court ruling, criticises MDP boycott talk

President Abdulla Yameen has said the government will ensure that rule of law prevails, and that executive will respect and abide by Supreme Court rulings.

“God willing, my government will definitely uphold the rule of law. All entities of my government will abide by the Supreme Court ruling,” Yameen said last night.

Speaking at the campaign launching ceremony of ruling Progressive Party of Maldives’ (PPM) VilliMalé constituency candidate Ahmed Nihan, Yameen stated that it was not acceptable practice in “civilised societies” for other institutions to criticise decisions made by the Supreme Court.

However, when Nihan himself was asked about the courts decision on Sunday evening, the MP expressed his reluctance to make any comment.

“I would have to really think twice before I go ahead and say anything about the Supreme Court,” he said. “The Supreme Court may think that it’s a contempt of law if I said anything.”

Announcing that the President’s Office had called for applications to the vacant posts in the Elections Commission (EC), Yameen reiterated the government’s stand that it would complete all necessary preparations to hold the Majlis elections on March 22 as stipulated by the apex court’s ruling.

“We are working to ensure that we have some names by 3pm on Thursday. God willing, we will complete the work tasked to us by the Supreme Court within the six days they have assigned to us,” he continued.

Yameen stated that his government would not question verdicts released by the Supreme Court and that his administration had complete respect for the judges on the bench.

However, the president did admit that judicial reform must be discussed, adding that “this includes the issue of delays in case completion. Even MDP [opposition Maldivian Democratic Party] members will accept that there are some cases that have been halted midway.”

“Even President Nasheed himself will believe that there are certain cases which do not proceed at all in our judiciary,” said Yameen.

“You can’t achieve results by playing the game off the field”: Yameen

President Yameen further stated that he finds the tendency of first world countries to “interfere” in internal matters of small countries in a manner that contradicts “the lessons in governance that they continue to deliver” to be highly concerning.

“I have even previously stated when I was working in the presidential campaign that in our administration, we will maintain the independence and sovereignty of deciding on our internal affairs in Maldivian hands. God willing, our government will achieve that,” he stated.

Referring to the opposition party’s consideration of boycotting the upcoming parliamentary elections, Yameen argued that “you can’t achieve results by playing the game off the field”.

He called on the MDP members to participate in the elections and join the parliament if they wanted to bring reforms, especially to the judiciary.

“I want to say to all MDP members that the Maldives is a country belonging to every one of us. This is not particularly Adhaalath Party’s Maldives. Nor is it specifically PPM’s Maldives. Nor is it Jumhooree Party’s Maldives. And especially, this is not just the MDP’s Maldives. This country belongs to all of us,” Yameen stated.

He stated that the MDP should not resort to boycotting the elections, and must come out and vote. He added that it is crucial in a modern society to demonstrate via parliament how one should act when power begins from the people.

“Depriving membership for themselves from an institution elected for a five year term – depriving their members from their right to have their feelings expressed – this is not a manner in which a political party would act in a modern environment,” the president said.

Meanwhile, the MDP held a meeting of its National Council yesterday night with the intention of deciding whether or not to boycott the approaching polls.

While the meeting was closed to media, some local news outlets were able to report proceedings.

According to local media, two proposals were made at the meeting – former President Nasheed proposed boycotting the upcoming elections and protest the Supreme Court’s decision, while another unnamed member is said to have proposed that the party protest but that it still participate in the election.

The meeting was brought to a halt by Chairperson ‘Reeko’ Moosa Manik citing differences of opinion, with a follow up meeting to be scheduled in the near future.

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