Day: April 27, 2014

Death penalty can be implemented starting today: Home Minister

The death penalty can be implemented in the Maldives starting today following the publication of procedural regulations in the government gazette, Minister of Home Affairs Umar Naseer has said.

Speaking at a press conference this afternoon, Naseer said the chances of killing an innocent person after completing all the procedures in the regulation – titled “procedural regulation on investigating and penalising the crime of murder” – was “far-fetched” and “almost impossible”.

The regulation was formulated under the Police Act and the Clemency Act with the objective of specifying the procedures for investigating murders and implementing death penalty, and came into force today.

While Maldives has been maintaining an unofficial moratorium on the death penalty since 1953, several people have been sentenced to death over the years. The common practice had been for the president to commute all death sentences to life imprisonment through powers vested in him by Clemency Act.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court, Naseer noted.

Both President Abdulla Yameen and Vice President Mohamed Jameel have expressed their support for implementing death penalty.

Procedures

The regulation only allows implementation of death penalty for intentional homicide or premeditated murder and only when the sentence is delivered by the Supreme Court.

A death penalty committee comprised of the Prosecutor General, Chief Justice (or someone appointed by him) and the Commissioner of Prisons have to send a written confirmation to the president that all procedures of the regulation have been followed.

After receiving this confirmation, the president is required to send an execution order to the Commissioner of Prisons within three days.

Within seven days of receiving this order, the Maldives Correctional Service (MCS) has to carry out the execution using lethal injection.

Naseer said the executions will take place at a building in Maafushi Prison, which is currently under construction.

Mediation process

The regulation requires Ministry of Islamic Affairs to mediate between the victim’s family and the convict.

Through this process, which reflects the Shariah principle of qisas (retaliation), family members who are ‘warith’ (heirs in Shariah law) will be given an opportunity to pardon the convict with or without receiving blood money.

The execution will not be carried out even if a single member of the family chooses to pardon the convict.

The family is given a ten-day period following the mediation to come to a decision.

“A first step”

According to the regulation, implementation of death penalty can be delayed if the convict is underage, till he or she is 18-years-old and if the convict is pregnant, until she gives birth and the child is two years old.

If a medical board appointed by the Commissioner of Prisons finds the convict is of very weak health, the sentence will be delayed till he recovers.

Responding to a question about implementing stricter punishments for other crimes as well, Naseer said the decision to implement death penalty for murder is just a first step and noted that “the Quran was also revealed through different stages.”

“Look at this as a first step. God willing, this government will take all necessary action for keeping peace and creating a safe environment for our citizens.” He said.

Naseer also noted that there maybe some countries and organisations which would be concerned over the decision, but said the Maldives will go ahead with it as a sovereign nation and a 100 percent Islamic country.

“There will be some parties who will be concerned about this. Concerned countries, concerned NGOs. Some counties are not too pleased with it [death penalty, but we will know about the issue of executing people in this country, the overcrowding of prisons in this country, how much the criminal environment is more lively in this country. And we are a hundred percent Islamic country and there are certain values that we all believe in,” Naseer said.

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Commonwealth’s future “lies in celebration of diversity”: former President Gayoom

The future of the Commonwealth lies in the celebration of the diversity that exists within the organisation, former President Maumoon Abdul Gayoom said last night at an event held in Colombo, Sri Lanka, by the Commonwealth Chair-in-Office and President of Sri Lanka Mr. Mahinda Rajapaksa.

President Gayoom was the chief guest at the event organised to celebrate the cultural diversity of the Commonwealth.

Foreign Minister Dunya Maumoon – daughter of the former president – also attended the event whilst in Colombo on an official visit, during which she paid a courtesy call on the Sri Lankan president.

The Maldives joined the Commonwealth under President Gayoom’s leadership in 1982.

“In his speech, President Gayoom said that the diversity within the Commonwealth makes the organisation one of the strongest international bodies in the world today. The former President, also highlighted the importance of mutual respect, tolerance, and understanding between the countries of the Commonwealth, in order to foster peace and create an environment conducive for development to happen. The Commonwealth brings together, to the same table, countries of different cultures, development levels and political ideologies, as equals. This, President Gayoom, said, must be celebrated and respected,” the Foreign Ministry said in a statement today.

Former President Gayoom’s remarks were echoed in a message to President Rajapaksa by President Abdulla Yameen today, in which he said that the diversity of the Commonwealth was a source of strength.

“The President expressed his hope that the common beliefs shared by the Commonwealth countries will guide us towards finding mutually beneficial solutions to the global problems facing the world today,” the Foreign Ministry said.

“The President further conveyed his appreciation to the Sri Lankan Government, for hosting a special event in its capacity as Chair-in-Office of the Commonwealth to celebrate the cultural diversity of the organization, in which former President of Maldives, His Excellency Maumoon Abdul Gayoom participated as the Chief Guest.”

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Free medical camp held in Kaafu Guraidhoo

A free medical camp organised by the Maldivian Medical Association as part of the Doctors Day 2014 activities was held in Kaafu Guraidhoo yesterday (April 26).

The medical association noted in a press statement today that the state-run ‘Home for People with Special Needs (HPSN)’ is located in Guraidhoo.

The one-day health camp included various medical specialist outpatient clinics, the association noted, including specialities ranging from internal medicine, surgery, paediatrics,obstetrics and gynaecology, psychiatry and dermatology.

“The camp is a collaborative effort between the following different stakeholders, namely Maldives Medical Association, Public and Private Medical services, health-related NGOs, Ministry of Health and Gender, Home for People with Special Needs, Guraidhoo Health Centre, Guraidhoo Island Council and Island Office, Rihiveli Resort and private sponsors,” the association noted in its statement.

“It is planned to conduct regular free health camps in K. Guraidhoo hereafter. The camp is a voluntary effort on the part of doctors, organised through the Maldivian Medical Association. [Saturday’s] camps volunteers [were] Dr Abdullah Afeef, Dr Hykal Mohamed, Dr Ubaid Abdullah, Dr Jumailath Begum, Dr Arif Mohamed and Dr Shahid Ali Mohamed.”

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Amendments approved to Land Act

Parliament today approved amendments to the Land Act proposed by opposition Maldivian Democratic Party MP Nazim Rashad with unanimous consent of 43 MPs present and voting.

If ratified by the president, individuals will  have the option of securing ownership of 50 percent of land reclaimed for housing purposes.

The ownership must be granted in accordance with the land use plan formulated in line with the Decentralisation Act and government policies.

The bill was submitted by the MP for Baa Thulhaadhoo in November 2012. The island of Thulhadhoo was expanded with reclaimed land by the MDP government.

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Fatwas against registering marriages a huge challenge: Family Court chief judge

Fatwas claiming that registering marriages at the court is unnecessary and un-Islamic are posing serious challenges to the Family Court, Chief Judge Hassan Saeed has said, suggesting the formation of an official state institution to issue fatwas.

“As Maldives is a 100 percent Muslim country, legally mandating some people to issue fatwas officially will encourage people to follow the law,” Saeed was quoted as saying by newspaper Haveeru.

Registration of marriages was a common practice in all countries, he observed, calling on religious scholars to publicly discuss and clarify such issues.

“Is there any basis in law or Sharia to say that [registering marriages] is not an Islamic requirement? You cannot say it is okay to perform a marriage hiding inside a room with two random witnesses [to whom] you give some treat,” Saeed was quoted as saying.

The Family Court issued a statement last week announcing that it will not register marriages performed by individuals without the court’s involvement, which would be in contravention of the Family Act.

Complaints regarding the refusal to register such marriages will also be rejected by the court, the statement noted.

As such marriages have come to the court’s attention, the Family Court noted that it could not accept cases related to divorce or other disputes as the marriages were not registered officially.

The rights of couples and their children could only be protected through wedlock within the bounds of law, the court said, insisting that marriages could only be performed or sanctioned by the state.

Marriages performed outside the Maldives are registered by the Family Court upon submission of legal documentation.

The penalty for violating the Family Act is meanwhile a fine of up to MVR1,000 or banishment to another inhabited island for a period less than six months.

The issue of unregistered marriages was raised by the court in 2010 as well.

Religious extremists in the Maldives have both endorsed and performed such marriages, claiming that even private, out-of-court marriages should be treated as legal as long as the minimum Shariah requirements for marriage are met.

Some cases of out-of-court marriages include child marriages, which are to a large extent illegal in the Maldives.

Under the Family Act, children under the age of 18 can get married at the court if he or she has reached puberty and has received a special permission from the court.

The Child Sex Abuse (Special Provisions) Act however states that engaging in sexual activity with a child through a marriage performed in accordance to Islamic Shariah principles shall not be considered child abuse.

In October 2009, the Human Rights Commission of the Maldives looked into a case involving the marriage of a nine-year-old by religious preachers, whilst police investigated a similar case earlier that year.

In 2007, local media reported that a 14-year-old girl was married privately to an older man on Himandhoo island – a hotbed of religious extremism at the time.

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Flyme’s first seaplane en route to Maldives

Flyme has announced that the company’s first seaplane is expected to arrive in Maldives on Monday (April 28).

The Cessna 208 Caravan is a single turboprop engine, fixed-gear short-haul aircraft manufactured by Cessna. The airplane typically seats seven passengers with a pilot and co-pilot, according to Vnews.

Flyme said that the seaplane services will be open for locals, adding that more seaplanes would join the Flyme seaplane fleet in the future.

Flyme is a company under the umbrella of Villa Shipping and Trading Company, and currently serves nine local airports.

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Criminal Court refusing to accept serious cases, Deputy PG tells MPs

Deputy Prosecutor General (PG) Hussain Shameem has told MPs on parliament’s independent institutions committee that serious cases are pending at the PG office due to Criminal Court’s procedure on accepting cases.

Serious cases of corruption, drugs and child sex abuse had not reached trial because the Criminal Court was refusing to accept the cases, he said.

The court was informing the PG office that cases should be filed at the magistrate court on the home island of the accused, Shameem explained, noting that magistrate courts could not hear drug cases and that in most cases the suspect was residing in the capital.

The Criminal Court in December last year suspended all ongoing cases and decided not to accept new cases filed by the PG office, claiming the court cannot proceed with trials in the absence of a PG.

In February this year, the Criminal Court started accepting new cases after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

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Former President Nasheed asks High Court to expedite case concerning Hulhumale’ magistrate court bench

Former President Mohamed Nasheed has asked the High Court to expedite the case filed by his legal team challenging the legitimacy of Hulhumale’ magistrate court’s bench.

Speaking to Minivan News today, former Human Resource Minister Hassan Latheef – a member of Nasheed’s legal team – said that the case has remained stalled at the High Court for over a year now.

“We filed the case at the High Court after we noticed that there were many issues regarding how the Judicial Service Commission (JSC) has composed the bench,” Latheef explained.

“For one thing, the JSC does not have to bring selected judges from throughout the country and compose a bench to conduct the trial of a specific individual, that is not the normal procedure.”

The original case filed at the Hulhumale’ court – concerning the military’s controversial detention of Criminal Chief Judge Abdulla Mohamed in January 2012 – needed to be concluded soon because former President Nasheed did not wish to have pending criminal charges, Latheef said.

“But the case at the Hulhumale’ Court can only be continued when the High Court concludes this case we have filed at the High Court,” he noted.

“’When we filed the case at the High Court, on April 1, 2013 the court issued an injunction ordering Hulhumale’ court to halt the trial against Nasheed until the court concluded the case we have filed.”

The case filed by Nasheed’s legal team challenging the legality of the magistrate court bench was stalled after the JSC suspended the former High Court Chief Judge – who was presiding over the case – pending an investigation over a disciplinary matter.

During the hearings held at the High Court, the JSC contended that the High Court did not have jurisdiction to rule on the case as the panel of judges presiding over Nasheed’s trial was appointed based on counsel from the Supreme Court

Nasheed said at the time that he was  “prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court to defend the decision.

Nasheed also dismissed accusations of the High Court, the Supreme Court and the prosecutor general that he had ordered the military to arrest Judge Abdulla unlawfully.

“I did nothing unlawful during my tenure,” he insisted.

Nasheed also urged the public to attend the trial and witness proceedings, alleging that the case was politically motivated.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

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President predicts US$300 million compensation for GMR

The Maldivian government believes GMR is owed US$300 million in compensation for the premature termination of the contract to develop the Ibrahim Nasir International Airport (INIA) instead of the US$1.4 billion the company is seeking, President Abdulla Yameen Abdul Gayoom told reporters upon his return to Malé last night.

Speaking to press after returning from Singapore to attend the Maldives Investment Forum, President Yameen insisted that the arbitration proceedings over GMR’s compensation claim has not deterred investors.

The INIA development project was the most popular among attendees at the forum, he said.

“The biggest interest was for the airport,” Yameen said.

The event – which took place on April 25 – was attended by over over 160 companies and nearly 200 representatives from 16 countries, and was the first overseas investor forum organised by the Maldives.

GMR compensation claim

Speaking to the press at the airport, Yameen argued that the previous government was within its rights to terminate the contract as it “damaged state and national interests”.

But since GMR had carried out some of the development works at the airport, the government has to pay compensation, he conceded.

President Yameen said that the compensation payment would affect the state budget, but added that $300 million is a “manageable” sum.

The state-owned Maldives Airports Company Limited (MACL), which now manages the airport, is “saving up” that sum, he said.

This statement comes after GMR is reportedly sticking to the US$1.4 billion compensation claim for the abrupt termination by the Maldivian government in December 2012.

“The forceful takeover of the airport by Maldives government amounts to repudiation of a valid contract and therefore damages, including loss of future profit has to paid. Thus, GMR’s claim is $1.4 billion,” Indian media reported the Bangalore-based infrastructure giant as saying in a statement on Friday (April 25).

Investment forum

On the investor forum, President Yameen said companies were also interested in developing a trans-shipment port in the north of the country, along with economic stimulation investments in Hulhumale’.

The island is a reclamation project to the north of Male’ to cater for the housing, industrial and developmental demands of the capital.

“Alongside (interests for the airport), there was (interest) for the economic development of Hulhumale’,” President Yameen said.

“Some large Chinese companies brought us (proposals) to develop a township in Hulhumale’, in addition to different (development) components for the airport. God willing, if we can put the effort, there is a lot to be gained here,” he added.

Moreover, the Ministry of Transport is seeking investors for building four new domestic airports. They are to be established on Haa Alif Huvanadhoo, Alif Alif Mathiveri, Faafu Magoodhoo and Meemu Muli.

The government is proposing leasing one or two islands for 25 years for resort development to the investors under a public-private partnership (PPP) programme in addition to a customs duty exemption for all equipment and material imported for the airport projects.

Moreover, the government has also made an announcement seeking a developer to expand Hanimaadhoo International Airport in the north of the country.

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