Day: April 2, 2014

Two losing candidates for parliament contests results at High Court

Two losing parliamentary candidates in the March 22 elections have contested the results at the High Court, local media reports.

Opposition Maldivian Democratic Party (MDP) candidate for the Shaviyani Funadhoo constituency, Mohamed Abbas, and Progressive Party of Maldives (PPM) candidate for the mid-Hithadhoo constituency, Mohamed Rasheed ‘Hiyalee’, filed cases at the High Court seeking annulment of the results.

The legal grounds for annulment remains unclear in both cases.

Incumbent PPM MP Ali Saleem was reelected in the Funadhoo constituency while MDP candidate, retired Brigadier General Ibrahim Mohamed Didi, won the mid-Hithadhoo constituency seat.

According to electoral law, such cases must be filed at the High Court within 30 days of the announcement of official results by the Elections Commission.

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Progressive Coalition to hold public feast to celebrate election results

The Progressive Coalition is to host a feast for the public to mark the Majlis elections success, according to local media outlet Vnews.

Speaking in a press conference held in Progressive Party of Maldives offices in Janavaree magu, President’s Office Spokesperson Ibrahim Muaz Ali stated that the feast, titled ‘Shukuriyyaa Gaumu’ or ‘Thank you, Nation’, was part of the festivities to mark their success in the parliamentary elections.

Muaz added that senior officials of the Coalition partners will participate in the feast. He also said that the Coalition had invited members of opposition Maldivian Democratic Party.

The Progressive Coalition won a total of 53 of the 85 Majlis seats being contested on March 22, with the subsequent addition of 4 more MPs-elect swelling the number to 57.

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State submits witness against second suspect in Dr Afrasheem murder trial

The Prosecutor General’s Office yesterday presented a witness against Ali Shan of Henveiru Hikost, the second suspect arrested and charged with the 2012 murder of religious scholar and Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali.

Local media present at the court hearing reported that the witness gave evidence and answered the questions of Shan’s defense lawyer via a voice link.

The witness told the court that he met Hussain Humam – the main suspect sentenced to life for the murder – and Shan on the afternoon of October 1, 2012, at which time they told him there was a big mission and they could make a lot of money from it.

He said that later that day he again met with Human and Shan inside the park opposite to Usfasgandu area.

According to local media, the witness told the court he was waiting near the Children’s Park and he saw Humam entering Henveiru Funviluge [the residence of Dr Afrasheem].

A while later, the witness reported seeing a man carrying a pile of books in his hand entering Funviluge, was Shan went inside after him.

The witness said he didn’t realise it was Dr Afrasheem Ali that was carrying the books.

He said that a while later Shan called him and asked to come inside to help them, and when he went inside he saw Shan holding a bayonet knife in his hand while Humam was holding a machete in his hand. The witness also reported seeing Dr Afrasheem’s body lying on the floor.

In 2012, Commissioner of Police Abdulla Riyaz alleged that the murder of the Ungoofaaru MP constituency was a well-planned murder worth MVR4 million (US$260,000).

In a presentation shown during a press conference in 2012, Riyaz claimed that 11 suspects were initially arrested, however three had been quickly released. He added that about 200 items had been analysed as evidence, including forensic and digital evidence, which he claimed were enough to prosecute the prime suspects.

“Over 500 hours of CCTV footage have been analysed, more than a hundred people have been interviewed and about 13,000 phone call recordings have been analysed out of which 12,000 were from one single tower,” Riyaz said.

The commissioner claimed Afrasheem was last seen alive inside the premises of the state broadcaster, Television Maldives on the night of the murder. The presentation suggested that Afrasheem was seen leaving the premises in his car around 11:04pm, according to the nearby CCTV camera footage.

Afrasheem left the station after participating in a religious TV program called “Islamee Dhiriulhun” (Islamic Life), with Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

In his last words, aired on the show, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

On 16 January, 2014, the Criminal Court sentenced Humam to death. The Prosecutor General’s Office had also used Humam’s confession as evidence in Shan’s trial.

Other evidence presented against Shan includes two witnesses, audio recording and the script of a phone call, and Dr Afrasheem’s medico legal report and death certificate.

Shan had submitted evidences in his defense to prove that he was in Jalapeno Restaurant from 9:00pm on October 1 2012 until 1:00am the following morning.

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MTDC sells Herethera resort for US$33 million

The Maldives Tourism Development Corporation (MTDC) has sold the Herethera Island Resort in Addu City for US$33 million to Singapore’s Canaries Private Ltd.

Of the four companies that submitted bids following a public announcement to sell the resort on December 18, MTDC said in a press release on Monday (March 31) that the Singaporean company submitted the highest bid.

The agreement to transfer lease holder rights for the resort was signed on March 31.

The press release also noted that following the sale of the resort property the MTDC has repaid a loan obtained from the Bank of Maldives for developing the resort.

In June 2013, MTDC’s board of directors decided to sell Herethera – the government-owned company’s biggest asset – for US$30 million to a company with a majority stake owned by local tourism magnate ‘Champa’ Hussain Afeef.

MTDC Managing Director Mohamed Matheen told newspaper Haveeru at the time that the decision was made to sell Herethera to Afeef’s Treetop Investment Pvt Ltd because the government corporation did not have the finances to profitably operate the resort.

He added that a large investment was needed to fix problems with the beach and the environment of the resort in the southernmost atoll.

Herethera was the first resort developed and opened by MTDC while Afeef was chairman of the government’s tourism company.

Tourism pioneer Afeef meanwhile told the local daily that the Herethera development would take place in conjunction with the development of the international airport in Gan.

In November 2012, thirty percent of the Addu International Airport Ltd (AIAL) was sold to Afeef’s Kasa Holdings to raise finances to develop the Gan airport in Addu City.

However, the decision to sell the resort to Afeef was reversed following the election of President Abdulla Yameen.

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Anti-money laundering and combating financing of terrorism bill passed

Parliament yesterday passed legislation on anti-money laundering and combating the financing of terrorism (AML/CFT) following review by the national security committee.

All 53 MPs in attendance at yesterday’s sitting voted in favour of passing the bill.

Presenting the committee report (Dhivehi) to the Majlis floor, MP ‘Reeko’ Moosa Manik, chair of the national security committee, explained that the legislation introduces rules governing financial transactions and the inflow and outflow of money from the Maldives.

The bill will also address the persisting dollar shortage, the foreign currency black market, and counterfeiting of dollars, Moosa added.

Moreover, a limit would be placed on the amount of cash that can be taken out of the country, which has to be declared to customs, the opposition Maldivian Democratic Party MP said.

The new law would also benefit investors as it would inspire confidence in the legal system and offer security to foreign investments, Moosa said.

In the ensuing debate, Jumhooree Party Leader Gasim Ibrahim contended that the parallel market for dollars sprang up as a result of the Maldives Monetary Authority (MMA) not allowing the price of dollars to fluctuate.

Gasim suggested that the economy suffered adverse effects due to discrepancies between monetary and fiscal policy.

“Negative consequences”

Moosa noted that noted that a high-level delegation from the Asia/Pacific Group on Money Laundering (APG) had urged MPs to expedite the passage of the legislation.

MPs were warned of “negative consequences” such as restrictions in conducting international financial transactions and credit card transactions as well as transferring money to overseas bank accounts should the bill not be passed before June.

In a meeting with committee members in February, APG Co-chair Andrew Colvin warned that the organisation along with the Financial Action Task Force (FATF) “would be left with little option but to take certain measures that would be negative for the Maldives” should the legislation not be passed.

APG Executive Secretary Dr Gordon Hook noted that implementing AML/CFT laws was “an obligation that the Maldives undertook voluntarily when you joined the APG in 2008″ as a condition of membership.

“There are 41 countries in the APG. They include every country in the Asia/Pacific region with the exception of North Korea and three tiny Pacific states. Among those 41 countries of which Maldives is a member, you are the only country without a comprehensive AML/CFT framework,” he observed.

The anti-money laundering bill was submitted to parliament in late 2013 and sent to the national security committee for further review.

The absence of legislation “makes Maldives very vulnerable to money laundering and terrorist financing,” Dr Hook said.

He added that the vulnerabilities were identified by the International Monetary Fund (IMF) in a report prepared in 2011.

MMA Assistant Governor Neeza Imad meanwhile told MPs that the Maldives received a very low rating in an assessment by the APG in 2011, after which the central bank began drafting legislation on AML/CFT.

Technical assistance was provided by the APG and the IMF, she noted.

Countries that are listed by the APG for non-compliance with its standards on AML/CFT face “hindrances” in securing foreign direct investment, opening accounts overseas, and conducting international financial transactions, Neeza said.

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HRCM members summoned to Juvenile Court again over confidential report

With additional reporting by Ahmed Nazeer

Members of the Maldives Human Rights Commission (HRCM) refused to attend a Juvenile Court meeting yesterday (April 1), after having asked the Supreme Court to rule on the legitimacy of the court’s actions.

The commission has contended that the Juvenile Court is in violation of “the legal principles and procedures followed in contempt of court cases.”

A press statement from HRCM released yesterday evening noted that the Prosecutor General’s Office had not charged the commission with contempt of court because only the Supreme Court could initiate such cases of its own accord.

Deputy Prosecutor General Hussain Shameem has told Haveeru that the court does not have the authority to summon HRCM members over contempt of court charges.

The court has been requesting the meetings in order to question HRCM members about a confidential report concerning the sentencing of a 15 year old rape victim to flogging and house arrest in 2012.

”We are trying to summon the HRCM members regarding a report they sent to the Juvenile Court on 5 December 2013, in which the HRCM has included false information about the Juvenile Court and it also contained things that could be considered as an attempt to influence the court’s work,” Juvenile Court Spokesperson Zaima Nasheed told Minivan News today.

Zaima has argued previously that the constitution states no public officials can “interfere with and influence the functions of the courts”, instead they must “assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.”

The HRCM press release added that the report referred to in the media was a confidential document, which had only been shared with relevant authorities or state institutions.

“We assure that the report does not include any false statements that hold the Juvenile Court in contempt,” the press release stated.

Previous meetings

After refusing to attend the meeting yesterday, the Juvenile Court sent an official court summons  for today (April 2) to each individual commission member, according to local media.

Following the official court summons, the HRCM members appeared before the court this morning at 10am and were told to respond in writing before 3pm.

The HRCM was first summoned to the Juvenile Court on March 12, with a further request to meet made on March 17 after members failed to accede to the previous requests – all five members of the HRCM subsequently attended on March 17.

The HRCM is reported to have agreed to cooperate at this meeting, on the condition that it was given a period of ten days after the parliamentary elections scheduled for March 22 before the first questioning session.

The 15-year-old rape victim from the island of Feydhoo in Shaviyani Atoll was convicted of premarital sex at the Juvenile Court and sentenced to 100 lashes and eight months of house arrest.

In June 2012, the girl gave birth to a baby that was discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder.

An official from the Prosecutor General’s Office told Minivan News in January last year that the fornication charges against the minor were related to a separate offence of premarital sex that emerged during the police investigation. The charges were filed on November 25, 2012.

In its verdict, the Juvenile Court ordered the state to transfer the girl to the Children’s Home in Villingili to enforce the sentence of eight months house arrest, according to local media reports.

Following the 15 year-old’s conviction, local NGO Advocating the Rights of Children (ARC) called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims.

ARC also previously called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

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Ministry of Environment holds panel discussion to reflect on World Water Day 2014

The Ministry of Environment and Energy yesterday (April 1) held a panel discussion as well as a question and answer session to mark the occasion of the World Water Day 2013, which fell on March 22.

According to the press statement, the presentations covered a range of topics from water and energy, the history of water and sewerage systems in Maldives, the current plans and policies of the government including summary information on projects, meteorological aspects related to water security, water as a human right, issues related to water quality, and how water is related to climate change.

The event was held mainly for the students studying environmental management, journalism, and teaching at the Maldives National University (MNU). Their participation was intended to enrich their knowledge and to orient them towards environmental issues in Maldives, the ministry’s press release stated.

The event was held in association with the Faculty of Science at MNU, with a welcome address given by the Deputy Vice Chancellor for Academic Affairs Dr Ali Shareef, followed by the speech by the State Minister for Environment and Energy Hasan Shah.

Minister of State for Environment and Energy Abdul Matheen Mohamed has previously told Minivan News that the government is emphasising integrated systems in order to make the best use of the water resources currently available in the country.

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Comment: Juvenile crime – the consequences are anything but minor

This article was first published in the Police Life. Republished with permission.

Anyone below the legal age of 18 is seen as a minor in the eyes of the law in the Maldives. As such, their parents are their guardians and it is believed that they have certain leniencies afforded to them.

This is reflected in the increasing trend of juvenile crime in the Maldives. The underlying logic behind this trend seems to be that minors cannot be persecuted by the law and they would somehow avoid harmful consequences.

But this is a total misconception – while there are leniencies, they are not without limits, and are intended to offer a chance for the youth to redeem themselves or to turn their lives around at an early stage.

According to Maldivian law, any juvenile offender will only receive one third of the sentence – for example, a sentence of 15 years in prison maybe reduced to 5 years instead. Though this leniency exists, it is by no means a way to walk away without consequences. The individual will be monitored for a long period of time.

Another misunderstood leniency is one that is offered only to individuals committing their first offense. Depending on the nature of the crime, there is a delaying of carrying out the sentence for a set period of time. This is done to give the first offender a chance of redemption. But this leniency comes with certain terms and conditions.

One of the conditions is that if any additional crimes are committed during the set duration the sentence is delayed, the sentences for both crimes would be carried out together – for example, if a 5 year sentence for a crime was delayed from passing and the individual committed another crime that resulted in a 5 year sentence, they would get a 10 year sentence.

If the set duration passes without any criminal activity, the first offender is pardoned. But this is a leniency offered once and only once. Any further criminal activity from the same individual will not be afforded any such leniency.

Another thing to consider is that even if it is a first offense, the type of crime committed is also an important deciding factor. If it is a serious crime such as murder, the aforementioned leniency will not be afforded.

When talking about juvenile offenders, it is also important to shed some light on what is known as the “community conference”. It is a group of professionals and related individuals who come together to assess the progress of the minor to deem whether they are fit to continue being part of the society.

The conference contains the juvenile offender themselves, their parent/s, a judge, a prosecutor from the Prosecutor General’s Office, a representative of the FCPD (Family and Child Protection Department) of the Maldives Police Service and a representative from the Juvenile Justice Unit.

They come together to discuss the progress of the youth in terms of rehabilitation, trends in behaviour, risk factors and also to assist the youth in their re-entry and reintegration into society.

The ongoing misconception that because the youth of the nation are a protected and cherished group, they are exempt from consequences is a very harmful one. It results in many “at-risk” youth opting to delve into criminal behaviour and because it allows other, older individuals who are involved in criminal behaviour to exploit these minors for various criminal endeavors.

But the sad truth is that such thinking often results in many youth with untapped potential getting caught up in criminal or anti-social behaviour and paying a hefty price for it.

While there are leniencies to protect our youth, they are there to afford them chances of redemption and to give them the opportunity to better themselves while they still have time. Said leniencies are also not limitless and come with various terms and conditions that must be met. The goal is rehabilitation and crime prevention rather than simply punishment.

So it is important to always remember that even juvenile crime is not without consequence.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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President Yameen grants clemency to 169 convicts

President Abdulla Yameen has granted clemency yesterday to 169 convicts serving banishment, house arrest, or jail sentences.

According to the President’s Office, Yameen granted pardons or commuted sentences in accordance with Article 29 of the Clemency Act.

Some 116 individuals were released on parole with conditions following consideration of “age, health, type of medical treatment, time and circumstance, compassion, and behaviour,” the President’s Office revealed in a statement.

Convicts sentenced for drug abuse would be required to complete rehabilitation programmes, the statement noted.

Moreover, released inmates would be returned to jail to serve out the remainder of their sentences if they violate parole or commit a crime.

Persons convicted of murder, a crime with a punishment (hadd) prescribed in Islamic Shariah, terrorism, child sexual abuse, sexual assault or rape, and homosexuality were not among the 169 released convicts, the President’s Office said.

“In addition to the above-mentioned [exceptions], sentences were commuted based on records from the Maldives Police Service without including persons who could pose a threat to society’s safety and security,” the statement read.

It added that President Yameen had announced his intention to release prisoners at a campaign rally in Fuvahmulah last month.

Home Minister Umar Naseer told Minivan News in the wake of President Yameen’s announcement that the release of inmates would not present any difficulties to ongoing efforts to combat drug trafficking.

“It will not be a hindrance because the present Clemency Act prevents serious offenders from being released. Furthermore, this process will be monitored by the Home Ministry,” he said.

President Yameen also commuted the sentences of 24 inmates in January while his predecessor Dr Mohamed Waheed released 39 convicts during his last days in office.

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.”

On January 9, police cleared or expunged criminal records of 1,023 young persons who were arrested for various criminal offences, as part of the government’s pledge to facilitate youth employment.

“Political stunt”

Following President Yameen’s announcement last month, opposition Maldivian Democratic Party (MDP) Spokesperson Imthiyaz Fahmy described the move as “a very irresponsible political stunt”.

“This is a stunt they are pulling off as elections approach – an act without any form or structure. This is a stunt like they used to pull during the Gayoom administration – as every election nears, they’ll let out numerous prisoners and the streets will be teeming with drug abusers,” the Maafanu North MP said.

Fahmy also defended the release of convicts under the MDP government’s ‘Second Chance Programme,’ which he stressed was “a structured effort, under which applicable prisoners were released under parole to be under the guardianship of a family member.”

“They were given training in various skills and were provided with employment opportunities. They were monitored constantly and were taken back in when there is a risk of re-offending crimes.”

“Yameen and the people around him were those who most criticised our ‘Second Chance Programme’. And now look at what they are attempting to do. This clemency plan has no structure and will prove detrimental to the society,” he said.

Vice President Dr Mohamed Jameel Ahmed – who served as Home Minister during the Waheed administration – shut down the ‘Second Chance Programme’ in March 2012, alleging that the MDP government had used it to “release unqualified criminals under political influence and without any clear procedure”.

In July 2012, Jameel blamed a “surge in crime” partly on the ‘Second Chance Programme’, claiming that over 200 convicted criminals released under the scheme had been returned to prison for re-offending.

Jameel also published a comment piece in newspaper Haveeru in September 2011 criticising the programme and emphasising the importance of granting clemency in accordance with the Clemency Act.

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