Day: May 26, 2014

Criminal Court declares MP Inthi’s contempt charges invalid

Contempt of court charges against opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy are invalid, the Criminal Court has declared today.

The Maafannu North MP was charged last year with “disobedience to order” under the ‘Protection of the sanctity of the courts regulation’.

The charges related to comments criticising the Supreme Court on the Raajje TV talkshow ‘Fala Suruhee’ (‘Headlines’).

“Now no one can be charged under this invalid regulation,” Inthi told Minivan News today, adding that there was now no basis to declare contempt of court outside courtrooms a criminal offence.

Today’s Criminal Court ruling came in response to procedural points raised by Fahmy regarding the validity of the regulations cited.

In October 2011, the People’s Majlis excluded this regulation, which precedes the new democratic constitution, from the General Regulations Act – the parent legislation for regulations without a statutory basis.

Within days of the Majlis’ decision, the Supreme Court declared that the regulation should still be enforced temporarily.

In the procedural points raised at the court, Fahmy stated that the regulation remains invalid and that a criminal offence can only be declared through legislation passed by the parliament.

The ruling issued today by Judge Ahmed Sameer Abdul Aziz on Fahmy’s procedural points stated that the regulation’s exclusion from the General Regulations Act made them invalid.

Aziz concurred that the power to create legislation is vested in the People’s Majlis “without any debate, and absolutely”.

The ruling came short of declaring the sanctity of the courts regulation invalid, however, stating that “the legal basis of this regulation cannot be questioned in this [Criminal] court” as it was created by a superior court.

Highlighting that the regulation has not been published as required by Article 61 (b) of the constitution, the ruling declared that criminal charges cannot be pressed as this would undermine a fundamental right of citizens.

Suggesting that the courts can still take administrative action under the regulation, the case was ordered to be returned to the Prosecutor General’s Office.

Criticism of the judiciary

Speaking to Minivan News today, Inthi described the ruling as a victory in the fight for justice,

He noted that the regulation was invalid as, though the Supreme Court can annul a law passed by the parliament, it can never bring back legislation killed by the parliament.

In another contempt of court case last March, the Supreme Court issued a verdict removing Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts, and sentencing Fuwad Thowfeek to six months imprisonment.

The pair were charged for commenting on the court’s rulings in the media and for answering questions posed by a parliamentary committee.

The EC members were prosecuted under the court’s ‘Suo Moto‘ regulations, which allows the apex court to initiate hearings and to act as both plaintiff and judge in a trial.

At the time of the case, MP Inthi described the verdict as “unconstitutional”, calling it “ judicial shamelessness”. He maintained that there was no law which outlaws the criticism of courts outside of court hearings.

“I will act as a shield to ensure the attempts to cover the mouths of Maldivians citizens with plaster does not become widespread. The result of this [ruling] is that such charges will not be pressed against journalists or any citizen under this invalid regulation,” he said today.

Additionally, Inthi noted that he was discriminated against at the court today, saying that while both himself and MP Ahmed ‘Sun’ Shiyam were summoned to the court at the same time today, they received different treatment.

“We are both members of the parliament, but he entered the court through the judges’ gate and waited at the VIP area of the court.”

“I was with other people, some of them handcuffed. I was there for criticising the judiciary and he is being charged with possession of alcohol,” said Inthi, stating that this was a clear reflection of the status of the judiciary in the Maldives.

Preferential treatment for Shiyam was also reported by local media at the first hearing in his trial.

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“Social stigma, religious and social culture” hinder women’s sexual health, says Hope for Women

Young women’s sexual health is being compromised by “social stigma, religious and social culture,” argues Fathmath Nazeefa, Advocacy Officer at local NGO Hope for Women.

According to Nazeefa, many young Maldivians refrain from accessing the limited sexual health services due to these societal pressures.

“It is apparent in many cases we are lacking information in the family-planning area, early sexual engagements, and in gender stereotyping, which actually makes women to go ahead with child bearing practices even though that is not in their best practice,” Nazeefa told Minivan News.

Her comments came after the body of a new-born baby was discovered in a house in Maafanu yesterday. After local media reported that an 18-year-old committed infanticide after having hidden her pregnancy, police have today confirmed the girl in question was arrested this afternoon.

After being taken into custody at around 2:20pm, the girl’s will be detained for up to fifteen days pending a court appearance.

Nazeefa expressed particular concern over a lack of sexual health education for young women which prevents them from making informed choices.

“To prevent this, we need to educate the young minds starting from adolescents on human anatomy, reproductive health, and build their capacity to protect themselves from being sexually exploited.”

A lack of sexual education, argues Nazeefa, is “depriving [women] of their sexual rights and human rights as well.”

“The ultimate objective has to be the empowerment of girls and women so that they make the right choices,” she concluded.

Rise in Infanticide – DNP reports

Yesterday’s news of the abandoned baby girl – discovered after the mother was forced to seek medical treatment by her family – has brought attention to the issues surrounding sexual health services available to young women.

Local media reported yesterday that the 18 year-old gave birth on her own in the family bathroom, with family members unaware of her pregnancy.

According to one family member, the girl didn’t admit to giving birth – even during a doctors appointment arranged by her family.

“However, doctors kept questioning her about her marital status,” a young female member of the family told local newspaper Haveeru.

According to Maldivian law, the repercussions for fornication out of wedlock is flogging for both the man and the woman involved.

The Maldives is a 100 percent Muslim country, and it’s justice system is based on a hybrid of common law and Islamic Sharia.

Some critics of the justice system have also highlighted the lack of accountability for men in cases of extra marital fornication.

“These women are tainted for life and forever looked down upon. There were a couple of men too, but the islanders did not react in the same way against the men. They seem to be more easily accepted back into society, their sins are generally forgiven or forgotten in time,” a former court official, who wished to remain anonymous, had previously told Minivan News.

Issues regarding a lack of support services for women with unwanted pregnancies in the Maldives have been well-documented in the past.

A report entitled ‘Maldives Operational Review for the ICPD Beyond 2014‘, carried out by the Department of National Planning (DNP), claimed that incidents of infanticide and unsafe abortions are symptoms of a lack of sexual education in young Maldivians.

The report identified, “clear indicators of the imperative need to provide access to information on sexual reproductive health and reproductive health services to the sexually active adolescents and youth population.”

Infanticide also appears to be increasing, as demonstrated by media reports cited in the study, which included several new born babies and few premature babies abandoned in parks, buried in secluded places, or thrown into the sea.

“These are clear indications for the need of life skills programmes and reproductive health education,” the study suggested. “Access and utilisation of contraceptives to avoid unwanted pregnancies must also be advocated to minimise these issues.”

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Gasim will have to withdraw candidacy for Majlis speaker, says President Yameen

Jumhooree Party (JP) leader Gasim Ibrahim “will have to withdraw” his candidacy for speaker of the 18th People’s Majlis, due to be sworn in on Wednesday (May 28), President Abdulla Yameen has said.

Speaking to reporters this morning prior to his departure to India to attend the swearing-in ceremony of Prime Minister-designate Narendra Modi, Yameen said that “a lot of discussion” has taken place with the JP leader on the issue of the speakership.

“The party has informed Gasim twice in writing of our position as well as what could happen as a result of [Gasim contesting for speaker]. However, Gasim has not accepted it yet,” Yameen said.

The “fraternity” of the Progressive Coalition – made up of the ruling Progressive Party of Maldives (PPM), JP and Maldives Development Alliance (MDA) – could be adversely affected if the business tycoon sought the speaker’s post, Yameen warned.

The “common practice” across the world was for the speaker of parliament to belong to the party with the most number of seats, he contended.

“So other parties in the coalition putting forward names is not commonly done,” he said.

While Gasim has not responded to the PPM’s last letter, Yameen said the ruling party was still open for talks with the coalition partner.

“But I don’t know what else we could do for Gasim. Gasim will just have to withdraw his name the way I see it. There isn’t anything more we could do for Gasim at this point,” he added.

Internal strife

In the wake of the president’s remarks today, JP Secretary General Ahmed Sameer told local media that the party’s council will hold a meeting to decide its stance.

The next speaker will be elected through secret ballot at the first sitting of the 18th People’s Majlis on Wednesday.

Yameen meanwhile revealed that the PPM’s parliamentary group had decided yesterday to nominate MPs-elect Abdulla Maseeh Mohamed for speaker and Abdul Raheem Abdulla for deputy speaker following consultation with former President Maumoon Abdul Gayoom.

Asked about PPM MP Ahmed Nazim’s bid for the speaker’s post, Yameen said the outgoing deputy speaker was free to contest independently of the party, but expressed confidence that “a person as responsible as Nazim” would not do so.

Tourism Minister Ahmed Adeeb – deputy leader of the PPM – has meanwhile claimed  that allegations of corruption that surfaced in the press last week were linked to his refusal to support certain individuals for the speaker’s post.

Adeeb claimed that MP Nazim was behind the corruption allegations, which are currently under investigation by both the Anti-Corruption Commission and auditor general’s office.

Adeeb said he could not back Nazim as he was suspected of “blackmail” and “corruption” and declared his support for Maseeh.

“This problem [corruption allegations] has come up because my stand is strong inside the PPM. I am accused of these things because I take the stand that is most beneficial to the country. And because I have influence within PPM,” he was quoted as saying by newspaper Haveeru.

Zero-sum game

Maseeh, Raheem, and Nazim were re-elected in the March 22 parliamentary polls, which saw the Progressive Coalition secure a combined total of 53 out of 85 seats.

However, neither party won enough seats to reach the 43-vote simple majority on its own.

Following the signing of three out of the five independent candidates elected to the 18th parliament, the PPM currently has 37 seats, followed by the opposition Maldivian Democratic Party (MDP) with 25 seats, the JP with 15 seats, the MDA with five seats, and the religious conservative Adhaalath Party with one seat.

MDP MP-elect for the Thimarafushi constituency, Mohamed Musthafa, also signed for the ruling party a week after the parliamentary polls.

While the PPM and MDA together have 42 seats, PPM MPs-elect Ahmed Mahloof and Ahmed Nihan revealed after the parliamentary elections that the pair had pledged their support for Gasim’s bid to become speaker during negotiations for forming the Progressive Coalition ahead of last year’s presidential election runoff.

However, PPM Leader Gayoom told local media this week that Gasim was not promised the speaker’s post as part of the coalition agreement between the parties.

Meanwhile, former President Mohamed Nasheed – acting president of the MDP – signalled the opposition party’s support for Gasim following a meeting at the business tycoon’s residence last month.

The MDP announced last Friday (May 23) that the party’s 25 MPs-elect would back a candidate who support’s the parties policies, including judicial reform, empowerment of local councils as well as the introduction of a progressive income tax and a minimum wage.

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Afghan coach suggests Maldives should not host further tournaments

Afghanistan national football team coach Mohammad Karger has called on the Asian Football Confederation (AFC) not to hold further tournaments in the Maldives.

“We have suggestions for the AFC that they do not again organise games in a country in which we can’t go and play football. This is for holidays, we come [here] for holidays,” said Karger.

The AFC has meanwhile suggested today that the Maldives could face suspension from further tournaments should local authorities carry out investigations into possible corruption regarding ticket sales.

The Anti-Corruption Commission yesterday announced it would investigate potential misconduct after irregularities in the sale of tickets prompted fans to protest outside Football Association of Maldives (FAM) headquarters yesterday.

Speaking during a pre-match press conference ahead of tomorrow’s semi-final against Palestine in Malé, Afghan coach Karger complained of the logistics surrounding the team’s group matches – held in Addu City.

Echoing comments made by Phillipines coach Tom Dooley yesterday, Karger suggested that it was inappropriate for teams to have to travel by boat prior to games.

Dooley told media yesterday that the 20 minute speedboat between Herathera resort and Hithadhoo was “unusual”, and that this had caused some of his players to suffer travel sickness before games.

Karger – speaking through his captain Zohib Islam Amiri who acted as translator – advised the AFC today not to organise games where transport to matches causes players to vomit.

Addu City is scheduled to hold the Mahinda Rajapaksa International Challenge Cup later this year.

Prior to the tournament, Assistant Secretary General of the Football Association of Maldives Mohamed Nasir had cited the unusual geography of the country as a reason to celebrate the staging of the tournament as something “remarkable”.

The after-effects of the Afghan team’s bus crash on Saturday were also revealed during today’s press conference, with the head coach stating that three players injured in the incident were now unavailable for the game, while three more were being assessed.

Police Commissioner Hussain Waheed has stated that the incident may have been deliberate, although the road on which the crashoccurred is a notorious accident hot spot, and the motorcyclist involved has tested positive for opiates.

Addu City Council has today expressed its regret over the incident as well as defamatory remarks during the ongoing investigation.

“We call on the organisers of this tournament to identify what has caused this and to take action to further strengthen organization in order to ensure that such a sad incident is not repeated during future international tournaments,” read a council statement.

Possible penalisation

Following the Anti-Corruption Commission’s announcement that it would be looking into potential wrongdoing in the sale of tickets for tomorrow’s semi-finals, the AFC today released a statement today warning that such investigations fall under its jurisdiction.

“If any domestic investigative authority attempts to intervene in the affairs of AFC or in any tournament conducted by AFC in partnership with FAM [Maldives Football Association], the Republic of Maldives, as a member of AFC and FIFA is at risk of being penalised for such intervention, including suspension from international events and tournaments,” read an AFC statement.

Minivan News has previously received information that relatives of FAM staff had been selling tickets at inflated prices. Unrest broke out among queuing fans as the number of available tickets dropped dramatically yesterday.

Local media reported that sales had continued this morning. FAM officials were not responding to calls at the time of publication.

Meanwhile, local media has reported that President Abdulla Yameen has pledged a further MVR1 million to the Maldives team should it win its semi-final against the Philippines tomorrow.

Minister of Youth and Sports Mohamed Maleeh Jamal is said to have made the announcement at a function held to award the team with the previous MVR1 million – promised in return for the team’s progression from the group stage.

Jumhooree Party leader Gasim Ibrahim was also reported to have offered a further MVR500,000 to the players.

With the tournament touted as an opportunity to bring unity to the country after an extended period of political division, the Civil Service Commission today requested that all employees wear red tomorrow in order to demonstrate support for the team.

The winner of Friday’s final will automatically qualify for next year’s Asian Cup in Australia.

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South Asians for Human Rights criticises death penalty policy

The South Asians for Human Rights (SAHR) group has added its voice to the international concern over the government’s moves to reintroduce the death penalty.

“SAHR is deeply concerned with the adoption of this new regulation and calls upon the Government of the Maldives to respect international human rights law and to retain the moratorium on the use of the death penalty, especially in cases that involve minors, and to abolish the practice altogether,” read the group’s statement.

Recalling reasons cited by the Home Minister Umar Naseer for the decision, SAHR said that it did not believe there could be any justification for the use of the death penalty, particularly against children.

According to the recently published regulations, 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.

SAHR, which describes itself as a network of human rights defenders, was established in 2000 by civil society leaders from Bangladesh, India, Nepal, Pakistan, and Sri Lanka.

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Chief Judge Abdulla Mohamed presides over second hearing in Shiyam trial

Chief Judge Abdula Mohamed has today presided over the hearing of Maldives Development Alliance (MDA) leader MP Ahmed ‘Sun’ Shiyam, after taking over the case last week.

Abdula Mohamed responded to the points taken by MP Shiyam’s attorneys, who said they had no witnesses that they would like to call after the prosecution had produced five witnesses, including the officer who detected the bottle and other customs officials, reported Haveeru.

Abdulla took over Shiyam’s alcohol-smuggling trial after the defendant had requested the change – suggesting that Judge Aziz’s “hand gestures and facial expressions” had indicated a personal grudge against him in the first hearing.

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.

Prior to the recent change, the trial has experienced multiple delays, with today’s hearing only the second to be completed.

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Mariyam Shakeela appointed chairperson of WHO executive board

The Minister of Health and Gender Dr Mariyam Shakeela has been appointed as the Chairperson of the Executive Board of World Health Organisation (WHO).

This appointment took place at a meeting of the WHO Executive Board following the World Health Assembly in Geneva today (May 26), and will be the first time the Maldives has received this title, local media Sun Online reported.

The WHO Executive Board is composed of 34 persons who are technically qualified in the field of health, each designated by a member state who has been elected to serve by the World Health Assembly.

Member states are elected for three-year terms, and Maldives was elected in 2012.

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Humam appeals death sentence at High Court

Hussain Humam – found guilty for murdering parliament member Dr Afrasheem Ali – has appealed his death sentence at the High Court.

While local media has confirmed the appeal, it is still unclear if the the case was accepted by the High Court.

The Criminal Court sentenced Human to death on January 16, 2014 , having found him guilty for the crime of intentional murder, stating that it was proven beyond doubt that Humam assaulted Dr Afrasheem with a sharp object and intentionally killed him.

The appeal has come just before the 90 day appeal period for lower court rulings – excluding public holidays – was about to end.

Dr Afrasheem – then MP for Ungoofaaru Constituency and a moderate Islamic Scholar – was found brutally murdered at the his apartment building on the night of October 1, 2012.

Shortly after Human’s sentencing, Home Minister Umar Naseer announced plans to reintroduce the death sentence after an unofficial sixty year moratorium on the practice.

The regulation, published late last month, are set to apply retroactively to all pending death sentences.

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