Day: May 21, 2014

Maldives must empower Anti-Corruption Commission, says Transparency International

The Maldives must empower anti-corruption agencies to investigate and prosecute cases in order to fight corruption, says Transparency International.

“Maldives and Sri Lanka must ensure that their anti-corruption agencies are granted ‘suo motto’ powers to instigate both corruption investigations and prosecutions on their own initiative without prior government approval,” suggested the Fighting Corruption in South Asia (FCSA) report released today.

At present, the Maldives Anti Corruption Commission (ACC) can only initiate investigations, but not prosecutions. Instead, it has to forward cases to the Prosecutor General for any further action to be taken.

Analysing 70 institutions across 6 countries, the anti-corruption NGO concluded that a “serious lack of political will on the part of governments to make laws work” was hampering the regional fight against corruption.

The report also called on the government to enforce the Right to Information Law and ensure protection of whistleblowers.

Independence and Accountability

Although the report advocated greater independence for oversight bodies, it highlighted the need to balance independence with accountability.

Too much of either can lead to abuse of power, the report noted, arguing limited judicial accountability has resulted in the Maldives Supreme Court exerting excessive use of power over other branches of government.

One example that the FCSA uses to demonstrate their findings is the Maldives Supreme Court’s much-criticised decision to convict the president of the Elections Commission Fuwad Thowfeek for contempt of court earlier this year. The apex court acted as prosecutor, judge and jury during the trial.

The Maldivian Anti Corruption Commission itself has raised concerns over a Supreme Court rulings, in which the apex court ruled the body does not have the authority to prevent the state from entering into questionable contracts.

ACC President Hassan Luthfee has said a ruling on a legal battle involving Department of Immigration, the Anti-Corruption Commission (ACC), and Malaysian IT firm Nexbis in 2012 had rendered the organisation powerless.

“If this institution is simply an investigative body, then there is no purpose for our presence,” he said.

“Even the police investigate cases, don’t they? So it is more cost effective for this state to have only the police to investigate cases instead of the ACC,” Luthfee said.

Referring the court’s, Luthfee said the ACC had no power to prevent corruption, arguing that anti-corruption bodies in other countries had powers of investigation, prevention, and awareness raising.

“If an institution responsible for fighting corruption does not have these powers then it is useless,” he said.

Right to Information

Another key finding highlighted in the FCSA report was what it regarded as the weak implementation of the Freedom of Information act, ratified earlier this year.

“In Maldives, although the new law has only just been passed, there are concerns about the level of citizens’ awareness of their rights, an issue which will need to be addressed as a matter of urgency,” the report states.

Under the act, an appointed commissioner has the power enforce a fine on information officers who deliberately refuse access to information. The President’s Office has today called for applications for the post which must be filled by mid July according to the new law.

The FCSA report categorises both the Maldives’ capacity to implement the law, and citizens’ awareness of the law as “weak”.

Additionally, the report highlighted the safety and protection of whistleblowers as a being major barrier to anti-corruption activities in the Maldives.

Noting the Right to Information Act provides protection to whistleblowers, the FCSA report called for more comprehensive whistleblower legislation with a broader scope covering both the public and private sectors.

Aiman Rasheed, Advocacy and Communications Manager at local Transparency branch Transparency Maldives said one the key findings of the report was the reversal of judicial reform after the February 2012 transfer of power.

“We had a new government set up. It was a positive environment. That has been reversed,” Aiman said.

He noted a “huge gap” between current systems and practices as politicians enjoyed an atmosphere of impunity following the controversial removal of President Mohamed Nasheed.

He went on to note that public engagement in holding officials accountable have been hindered by the lack of public debate in the local media.

“We have published a lot of reports on the public opinions of corruption, but we don’t see these being discussed in the media,” Aiman said.

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Convicted drug kingpin Shafa caught in Colombo

Convicted drug kingpin Ibrahim Shafaz Abdul Razzak has been caught in Sri Lanka’s capital city Colombo in a joint operation by the Maldivian and Sri Lankan security services.

Shafaz, commonly known as Shafa, was temporarily released in February for three months to seek medical treatment said to be unavailable in the Maldives.

However, he failed to return during the allocated time period and did not ask for an extension.

“He will be brought back to the Maldives on the next flight. His failure to return in the designated time period is an offense,” Home Ministry’s media coordinator Thazmeel Abdul Samad told Minivan News.

The Criminal Court in November 2013 sentenced the 30-year-old to 18 years in prison and levied a fine of MVR75,000 (US$4,860) for drug trafficking.

Shafaz’s temporary release has garnered controversy, with news agency Haveeru claiming the Maldives Correctional Services (MCS) violated procedures in authorising his release.

The newspaper said it has documents suggesting widespread corruption and negligence by the medical board at the MCS and doctors at state owned Indhira Gandhi Memorial Hospital (IGMH) in Shafaz’s release.

Regulations require inmates to obtain signatures from two specialists to leave the country for medical treatment abroad, but only one doctor had signed the forms, Haveeru said.

The other individual who signed the document was not a doctor, but a prosthetist and orthotist – an individual who provides care for people requiring artificial limbs.

The Anti Corruption Commission (ACC) issued a warrant in April prohibiting the doctor from leaving the country. Haveeru has identified the doctor to be Indian national Dr Ganga Raju.

Although doctors at Indhira Gandhi Memorial Hospital (IGMH) are required to hold discussions on cases where inmates need to seek medical care abroad, no such discussions took place, the newspaper alleged.

Further, although the MCS medical board noted the lack of two doctors’ signatures on the form, the board still authorised the release.

Moreover, the documents presented to the board did not contain details of why Shafaz required “urgent” medical care abroad for pain in his neck, and did not say that treatment was unavailable in the Maldives, the newspaper added.

Only two of the four members on the board authorised the release. They were representatives of the Maldives Police Services Dr Mohamed Fazneen and the Home Ministry’s Ishaq Mohamed. IGMH’s Dr Moosa Murad and MCS’ Deputy Commissioner of Prisons Hassan Zilal were on leave at the time.

Dr Mohamed Fazneen resigned from the board in mid March.

Commissioner of Prisons Moosa Azim has previously told Minivan News all due procedures were followed in the case.

When inmates are released for medical treatment abroad they are not accompanied by MCS employees and are not subject to any restrictions, the MCS has said.

“A medical officer does not have to accompany the inmate. He was allowed to leave under an agreement with his family. Family members will be held accountable for his actions, including failure to return,” Azim told Minivan News at the time.

Shortly after his departure to Sri Lanka, local media revealed that Shafaz had appealed his sentence at the High Court.

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

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

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

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

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New regulations require Supreme Court permission for attending overseas events

The Supreme Court has formulated new regulations making it mandatory for judges and judicial employees to seek permission to attend overseas workshops, seminars, conferences, or training programmes.

Made public yesterday (May 20), the regulations (Dhivehi) require judges and staff to submit an “overseas travel permission” form to the Supreme Court for approval if expenses are provided from the judiciary’s budget or by a foreign party.

The regulations appear to lend credence to what critics regard as the increasing centralisation of judicial administration, with the potential effect of compromising independence and increasing tension within the system.

Should permission for overseas travel be granted, the regulations state that a second form providing details of expenses must be submitted to the Department of Judicial Administration, after which approval must also be sought from the Ministry of Finance and Treasury.

Moreover, a report must be submitted to the Supreme Court at the end of the trip.

The regulation also states that equal opportunity must be provided for judges and judicial employees to participate in overseas programmes while all expenses must be made in accordance with public finance rules.

The regulations, however, exempt overseas travel by judges and judicial employees for participation in workshops or seminars in their personal capacity, so long as expenses are not covered by the state.

“Centralising administrative decisions”

The Supreme Court stated that the rules were formulated under authority granted by articles 7, 141, and 156 of the constitution.

While Article 141(b) states that the Supreme Court “shall be the highest authority for the administration of justice in the Maldives,” Article 156 states, “The courts have the inherent power to protect and regulate their own process, in accordance with law and the interests of justice.”

Referring to the articles, the Supreme Court earlier this month introduced new regulations requiring the Department of Judicial Administration (DJA) to function under its direct supervision.

The DJA – tasked with management of the courts – was formed by the Judicial Service Commission (JSC) in October 2008 to replace the Ministry of Justice following the adoption of the new constitution.

While the DJA was to function under the JSC, in December 2008 the Supreme Court brought the department under its control before the Judicature Act in 2010 transferred the DJA to the new Judicial Council.

The Judicial Council was subsequently abolished by the Supreme Court in late 2010, however, in a ruling that struck down the relevant articles of the Judicature Act.

The apex court’s move to cement control over judicial administration is in contravention to the constitutional concept of the independence of courts, former JSC member Aishath Velezinee told Minivan News earlier this month.

The new regulations were the culmination of a “systematic takeover” of the DJA, she contended, as the department “should stand as an independent institution solely facilitating administration of the courts.”

In a comprehensive report on the Maldivian judiciary released last year, United Nations Special Rapporteur Gabriela Knaul wrote that “the dissolution of the Judicial Council and the direct control of the Supreme Court over the Department of Judicial Administration have had the effect of centralising administrative decisions in the hands of the Supreme Court.”

“This has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes,” the report stated.

Knaul also expressed concern with reports of the Supreme Court “not following due process in many of its decisions.”

“It is also troublesome that some of the Supreme Court’s interventions are perceived as arbitrary and as serving the judges’ own personal interests. Such misinterpretation of the independence of the judiciary needs to be urgently resolved both with regard to the public perception of the judiciary and the internal functioning of the justice system,” she advised.

“The Special Rapporteur heard several complaints about internal tensions in the judiciary, where lower courts are left with the feeling that the Supreme Court only works for its own interests, without taking into account the situation of other judges and magistrates.”

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Chief Judge Abdulla Mohamed takes over ‘Sun’ Shiyam’s case

Criminal Court Chief Judge Abdulla Mohamed has taken over the alcohol smuggling and possession trial of Maldives Development Alliance (MDA) leader MP Ahmed ‘Sun’ Shiyam.

Citing a letter sent from the criminal court secretariat to Judge Ahmed Sameer Abdul Aziz, who was previously overseeing proceedings, Haveeru has reported that the action was taken in response to a letter from the Supreme Court.

The decision has come amid media reports that Judge Aziz was to be replaced with Judge Shujau Usman after a request from government coalition leader Shiyam

According to the court spokesperson, the action was taken following complaints regarding the case, and was done under Article 55 (e) of the Judicature Act.

The article specifies that it is the responsibility of the senior judge in superior courts to “take action in relation to delays and other complaints related to cases submitted to the court”.

Shiyam request allegedly stated that Judge Aziz’s “hand gestures and facial expressions” indicated a personal grudge against him which could lead to an unfair trial.

According to reports, in addition to making the request for the removal of Judge Aziz from the Criminal Court and Supreme Court, Shiyam wrote a letter to Chief Justice Ahmed Faiz stating his belief that his complaints regarding the judge had further increased the risk of receiving an unfair trial.

In a letter addressed to the chief justice, which was acquired by the media, Shiyam was reported to have said he had received reports that the judge may be “considering a hastened and strict verdict” against him.

Denying reports that the case had already been handed over to a new judge, the court today said it still remains with Chief Judge Abdulla.

Shiyam was charged with smuggling and possession of alcohol in March 2012 after customs officers at Ibrahim Nasir International Airport (INIA) discovered a bottle of alcohol in his luggage.

The case remained in the investigation stage for a year after the Prosecutor General’s Office sent it back to the police in August 2012 citing a lack of necessary information.

Since the trial began in November 2013, the Criminal Court has cancelled four scheduled hearings after being unable to deliver the summons chit to Shiyam.

He appeared before the court for the first and the only hearing held in the case on March 13 this year after a court order was issued to bring him before the court under police custody. Shiyam denied the charges and requested more time to research the case.

The second hearing in the trial has been rescheduled three times, the most recent instance occurring earlier this week.

In late March, CNM reported that Judge Abdulla – prior to the official schedule date for the second hearing – had attempted to hold an unofficial hearing while judge Aziz was on leave.

If found guilty Shiyam could lose his seat in parliament as per Article 73(c)(2) of the constitution which states that members of the parliament will be disqualified upon receiving a criminal sentence of more than twelve months.

Meanwhile, a hearing in the trial of Shiyam’s brother, Ahmed Salim Mohamed, for disobedience to order have also been cancelled this week, on the same date Shiyam’s latest delay.

Haveeru reports that Chief Judge Abdulla has on several occasions asked presiding Judge Muhtaz Hussein to hand the case over to him, though the court informed Minivan News today that this has not yet happened.

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MP Nihan slams police over dismantling of youth huts on Villimalé

Ruling Progressive Party of Maldives (PPM) MP for Villimalé Ahmed Nihan has criticised the Maldives Police Services decision to dismantle huts built by young people on public land.

Speaking to Minivan News, Nihan said Villimalé’s youth population had used the huts as social spaces for over 20 years. Destroying the huts – which the youth call home – without showing them alternatives will only cause more social problems, claimed the MP.

The police dismantled the structures on the suburban island on May 18, claiming the huts were built illegally and encouraged gang activity though no unlawful substance or tools were discovered during the operation.

Nihan’s criticism of adequate youth facilities has been echoed by the Maldivian Democratic Party.

“Young people often do not have space in their houses to bring friends over as their houses are congested, that’s why they use these huts to meet up with their friends,’’ said Nihan.

“They believe that the places belong to them and gives the place some identity.’’

Encroaching on public land is an offense, acknowledged the MP, although he took issue with the police’s approach to dismantling huts.

“My concern is that the police did not discuss the issue with any of the youth before destroying the huts and have not even tried to advise them or try to make them understand that what they were doing was wrong and illegal,’’ he said.

“Destroying the huts is not the solution – there are many other things that have to be sorted out if the government wants the youth to be more productive and to stop them from getting involved in illegal activities.’’

For one thing, a youth center with modern facilities was needed to stop young people from encroaching on public space or engaging in illegal activities, he said.

“The youth center here is not functional at all because the staff handling the youth centre are not permanent, and does not have much interest in  his work. The centre is not opened regularly and there is no space for modern sports or entertainment.”

“I have MVR181,000 (US$11,715) worth of music instruments with me but I don’t have a place where the youth can access them. I don’t want to bring them into the PPM office here because not all the youth are PPM supporters – they will shout ‘Golhaabo’ [an offensive term used to refer to Former President Maumoon Abdul Gayoom] and run away,’’ he said.

Nihan also said that he had tried to take up this issue with Youth Minister Mohamed Maleeh Jamal but that the minister was too busy building stadiums for the ongoing Asian Football Confederation (AFC) Challenge cup.

He called on the government to provide more job opportunities for the youth and to direct them to useful work.

Maldivian Democratic Party (MDP) Youth Wing Leader Mohamed Azmeel has also condemned the police’s actions saying: “I don’t think it is always drug dealers and gang members that hangs out in these spots. Besides, there are no other places to hangout.”

He noted that the new government had banned opening shops after 11pm to decrease crimes but that the crime rate has not dropped.

“We noticed that when police dismantled the huts, they targeted mostly places where MDP supporters hangout,” he said.

Youths construct structures on public spaces because there was no job opportunities for them and they have nothing to do, he added.

‘’If they don’t have anything to do they will gather to places like that to hangout,’’ he said. “The government pledged that 94,000 job opportunities will be created but they have not started implementing it,’’ he said.

While police claim the operation was carried out “after discussion with the city council”, Malé City Council – under whose jurisdiction the land currently is – has denied authorising the move, or being officially informed of it.

Despite recent assurances that the government’s youth policy was addressing the concerns of young people, youth leaders from all sides of the political divide have suggested a lack of youth participation in the administration’s planning.

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Man sentenced to jail for life for trafficking 9.13 grams of heroin

The Criminal Court has sentenced a man to life in jail for trafficking 9.13 grams of heroin.

Mohamed Azeen of Thaa Atoll Kandudhoo Island was arrested in Malé on Apriln13, 2013 with 10 rubber packets containing drugs concealed in a cigarette pack.

He had also thrown two rubber packets on the ground when the police attempted to arrest him.

The Criminal Court imposed a MVR100,000 fine (US$6472) on Azeen which he has been ordered to pay within one  month.

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President’s Office calls for applicants to post of information commissioner

The President’s Office has called for applicants for Information Commissioner – a post created under the recently ratified Right to Information Act.

Announced in the government gazette today, the applications process will be open until 3pm on June 1.

Under the act, President Abdulla Yameen is mandated to appoint a commissioner for a five-year term who will enforce citizens’ rights to information. The appointment is required within six months of its ratification in January.

The commissioner has the power enforce a fine on information officers who deliberately refuse access to information. Such a fine may not exceed MVR5000 (US$324).

The successful applicant will also be responsible for fining any individual who destroys requested information, or obstructs a public authority from providing access to information. Such a fine may not exceed MVR25,000 (US$ 1621).

Under the act, any public authority is obliged to comply with a request for information within 21 days. However, if the request is relevant to an individual’s liberty or protection of a person’s life, information must be provided within 48 hours.

Following the passage of the act, local NGO Transparency Maldives described it as “an important step towards increasing transparency of the state institutions, ensuring greater accountability of public officials, and fighting corruption”.

Other key features of the act include the establishment of an information office in all state institutions, a seven-day period of response for information requests, and a 30-day period to provide the information or to explain a failure to do so.

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STO aiming for record MVR500 million profit this year

The State Trading Organization (STO) is aiming to reach a record MVR500 million (US$32.4 mllion) in profits this year, the company’s Managing Director Adam Azim said yesterday.

Speaking at a press conference at the company’s head office, Azim said its monthly profits have been increasing since his management took charge [in November 2013], adding that the company and its subsidiaries made MVR61 million (US$3.9 million) in profits in April

Explaining that it was the largest monthly profit since its inception, Azim said the figure was a MVR12 million (US$700,000) increase from that made in April 2013.

One of the reasons for the increasing profits is the management’s efforts to reduce spending, said Azim. Another reason for the increased profits, he explained, was because the company has now started receiving some of the approximately MVR1 billion owed by the government and other state-owned companies.

Noting hat the new management has made it a priority to ensure the prices of goods sold to the public are not increased, he said that there had been a substantial decrease in the prices of construction materials sold by the company.

STO is a public company with more than ninety two percent government shares, and was established as a state owned enterprise in 1979 .

The company’s annual general meeting for the year 2013 is set to be held tomorrow night at Traders Hotel where new board director representing shareholders will be appointed.

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