Month: May 2014

Judicial administration brought under direct control of Supreme Court

The Department of Judicial Administration (DJA) will function in accordance with policies set by the Supreme Court bench and under the direct supervision of a designated justice, according to new rules (Dhivehi) promulgated by the apex court.

The rules made public last week states that the Supreme Court bench shall assign a justice to ensure that the DJA – tasked with management of the courts, public relations and providing facilities, training, archiving systems and security for judges – was implementing policies determined by the court.

The justice will be assigned for a one-year period with the responsibility of supervising the functioning of the department and “providing instructions and guidelines from the Supreme Court bench.”

The designated justice will also report to the bench on the operations of the DJA.

The Supreme Court stated that the rules were formulated under authority granted by articles 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.”

“Systematic takeover”

The DJA was formed by the Judicial Service Commission (JSC) on October 1, 2008 to replace the Ministry of Justice following the adoption of the new constitution in August 2008.

While the DJA was to function under the JSC, on December 2, 2008, the Supreme Court brought the department under its remit with a ruling to that effect.

With the enactment of the Judicature Act in 2010, the DJA was reestablished with a mandate for court management, public relations, training of judges, providing for structures, facilities and archiving systems, and providing security for judges.

Although the department was to function under the Judicial Council created by the new law, the Supreme Court abolished the council in a ruling that struck down the relevant articles in the Judicature Act.

The DJA has since been functioning under the direct supervision of the apex court.

Speaking to Minivan News today, former JSC member and outspoken whistleblower, Aishath Velezinee, stressed that the administration of justice and the administration of the courts were “two different though interconnected issues.”

“The Supreme Court is misconstruing article 156 of the constitution and the appointment of a Supreme Court judge is tantamount to control of the courts,” she contended.

“This goes against the constitutional concept of independence of courts whereby each court is an independent institution, separate from the influence of other courts, including the Supreme Court. And, the own decisions of 2008 and 2011 the Supreme Court refers to are a systematic takeover of the DJA which should stand as an independent institution solely facilitating administration of the courts.”

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that as a consequence of the Supreme Court’s ruling abolishing the Judicial Council, “the only platform for internal communication within the judiciary where difficulties, challenges, experiences and opinions could be exchanged, disappeared.”

“Many interlocutors reported 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,” the special rapporteur stated.

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

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Court extends detention of police officer arrested for drugs smuggling

The Criminal Court has extended the detention period of a police officer caught smuggling drugs in to Male’ Custodial Center.

According to local media, the police officer was a lance corporal and was in police uniform when he was arrested.

In March, another police officer was arrested in connection to the largest drug haulfrom a police operation in the country’s history.

The police seized 24 kg of heroin with a street value of MVR36 million (US$2.2 million) and arrested four Maldivians, three Bangladeshis and 11 Pakistanis.

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Police officers participate in regional anti-terrorism seminar

Two officers from the Maldives Police Service have attended the Seminar on Anti-Terrorism For Asian Countries held in China from April 9 to 29.

The seminar was designed to hold discussions on the status of anti-terrorism efforts in Asian countries, and to explore additional means of dealing with terrorism crimes.

The two officers who attended the seminar are Chief Inspector of Police Ahmed Shameem and Inspector of Police Nahid Hussain.

The seminar was organised by the Chinese government and included participants from SAARC countries, ASEAN countries and outher South East Asian countries.

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Criminal Court orders detention of two suspects in Alhan’s stabbing case until trial concludes

The Criminal Court has ordered the police to hold the two suspects arrested in connection with an attack on Maldivian Democratic Party (MDP) MP Alhan Fahmy in detention until their trial reached a conclusion.

On March 30, 2014, the police concluded the investigation and forwarded the case to the Prosecutor General’s Office (PGO).

Two suspects – Mohamed Sameeh of Shiny, Fuvahmulah, and Mohamed Naseem, of Ulfamanzil, Hithadhoo – were arrested shortly after the opposition Maldivian Democratic Party MP for Feydhoo was stabbed in the back at the Breakwater cafe’ in the artificial beach area of the capital.

The suspects have been kept in pre-trial detention since their arrest on the night of February 1.

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President to visit Naifaru Island

The President’s Office has stated that President Abdulla Yameen will be traveling to the island of Naifaru in Lhaviyani Atoll on Sunday afternoon. First Lady Fathimath Ibrahim will be accompanying the President on the trip.

President’s Office Spokesperson Ibrahim Muaz Ali stated that the President is visiting the island on invitation of its people. He added that the trip is organized in way of offering thanks to the people of Naifaru for the support extended to the President during the 2013 presidential elections.

He is scheduled to participate in an event hosted by the people of Naifaru on Sunday night before travelling back to capital city Male’ on Monday.

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State broadcaster slams “irresponsible” broadcasting commission report on election coverage

The Maldives Broadcasting Corporation (MBC) has heavily criticised a report by the Broadcasting Commission on television prime time coverage of last year’s presidential election campaign, calling on the broadcasting regulator to revise “misleading” elements of the report.

In a four-page press release slamming the “irresponsible” report, the state broadcaster contended that the findings were presented in a way that could cause “loss of public confidence” in the television and radio channels operated by MBC.

The report was based on monitoring of prime time (8pm to 11pm) content as well as direct access time on all television stations in the month leading up to the first round of the presidential election on September 7, 2013.

“The monitoring of the electoral content of all the TV stations was carried out to observe the performances of the stations in order to measure the total coverage time allocated for presidential candidates, the ethical conduct of the content aired and the amount of electoral content during prime time and direct access,” the report explained.

According to the report, state broadcaster Television Maldives (TVM) allocated the highest percentage of airtime to the Elections Commission (20.6 percent), followed by the President/Government (20.4 percent), Gasim Ibrahim (18.24 percent), Abdulla Yameen (16.34 percent), and then-President Dr Mohamed Waheed Hassan Manik (14.68 percent).

Opposition Maldivian Democratic Party (MDP) presidential candidate, former President Mohamed Nasheed, received the lowest prime time coverage with 9.68 percent.

Similarly, in the last week of the presidential campaign, 12.24 percent of TVM’s coverage of Nasheed’s campaign was negative while other presidential candidates, Gasim Ibrahim and the incumbent Dr Waheed, received 100 percent positive coverage.

Candidate Yameen meanwhile received 5.41 negative coverage during the final week.

“Questionable”

Defending its election coverage, MBC insisted in its press statement that TVM’s news was impartial, unbiased and adhered to principles of journalism.

The state broadcaster however conceded that some presidential candidates received “marginally” more coverage as they carried out more campaign activities, which was unavoidable based on “newsworthiness”.

MBC also explained that it was not practical to ensure that each candidate received equal amount of time during a news bulletin or news programme.

Instead, the state broadcaster sought to provide equal time overall during the presidential campaign period, the statement noted.

Highlighting a number of issues with the report, MBC objected to the broadcasting commission deciding to focus only on prime time coverage and limiting the review period to one month while the presidential election campaign continued on to a second round.

Moreover, MBC contended that the guidelines formulated to monitor election coverage could not be used to accurately determine bias or negative coverage.

The broadcasting commission considered the tone of coverage to determine if a subject was portrayed in a positive, neutral or negative light for a qualitative measurement.

MBC however contended that the perceived tone was dependent on a subjective judgment by the monitoring individual based on his or her political affiliation.

MBC questioned the objective of the broadcasting commission in issuing the report as a draft was not shared with broadcasters prior to publication.

The press release also questioned the quality of the work done in compiling the report, noting that members of the team of monitors were given a one-day training course.

According to the report, 11 staff members of the commission “functioned as monitors with a chief monitor who coordinated and supervised the monitoring work.”

“Each monitor was assigned a specific channel to monitor on a weekly rotation basis. To carry out the monitoring tasks professionally and impartially, the monitoring team was provided a one day training exercise where they had to complete mock monitoring forms after watching one hour prime time content,” the report explained.

MBC meanwhile noted that the Commonwealth, European Union and local NGO Transparency Maldives had praised the state broadcaster’s election coverage following their observation of the presidential election.

The press release concluded with assurances to the public that MBC would offer clarification on “misleading” issues after further examination of the report.

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HRCM urges state to ease access to information

In conjunction with World Press Freedom Day, the Human Rights Commission of the Maldives (HRCM) has called on the state to ease journalists’ access to information.

Journalists have rated difficulty in access to information as the second biggest obstacle to media freedom in the Maldives, according to a recently published report by the Maldives Broadcasting Commission (MBC).

The HRCM today called on the state to implement January’s landmark Right to Information (RTI) Act. The RTI act (Dhivehi) aims to widen and improve the scope for the citizen’s rights to information in order to increase transparency and accountability.

Noting increased threats to press freedom, the HRCM said: “[Reporters must] be able to work with independence, without intimidation or threat to bring stakeholder attention to social issues.”

In addition, the HRCM also called on all reporters to practice ethical journalism: “[M]edia reports must stay within social norms and respect everyone’s rights.”

The RTI act was ratified by President Abdulla Yameen earlier this year in January 2014, and must come into effect within six months of ratification.

At the time, the move was hailed by advocacy NGO Transparency Maldives as a “major step forward for good governance and transparency.”

Under the act, an appointed 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 Commissioner may also fine any individual who destroys requested information, obstructs a public authority or the Information Officer’s from providing access to information. Such a fine may not exceed MVR25,000 (US$ 1621).

The act also provides protection to whistleblowers if the whistleblower publicises information regarding corruption or breach of the law.

Despite positive steps forward, in February 2014, the Maldives dropped to 108th place in the Reporters Without Borders (RSF) Press Freedom Index for 2014, marking a decline in press freedom for the third consecutive year.

The MBC’s “Threat Analysis Report,” found that 84 percent of journalists surveyed reported being threatened at least once, while five percent reported being threatened on a daily basis.

Journalists identified political parties to be the top source of threat. Gangs, religious extremists and parliament placed second while the government was rated third.

Previous attacks on the press that illustrate these findings include prominent Maldivian blogger and journalist Ismail ‘Hilath’ Rasheed, who survived a murder attempt earlier in June 2012, suffering stab wounds to the neck.

Furthermore, opposition aligned broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed nearly beaten to death in February 2013, whilst the station’s offices and equipment were destroyed in an arson attack in October.

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Housing Ministry authorised to withdraw land owned by Malé City Council: Civil Court

The Housing Ministry has the authority withdraw lands under the Malé City Council if the cabinet decides such lands are required for social, economic and national security purposes, the Civil Court has ruled on Wednesday.

The ruling came in response to a request temporary injunction by the owners of Lemongrass restaurants after police forcibly halted construction of a new restaurant in Malé’s carnival area last week.

The plot had been leased to Lemon Grass restaurants by Malé City Council.

But the Housing Ministry decided to take the plot back and ordered the police to halt ongoing work. Owners of Lemongrass restaurants told local media over 80 percent of construction had been completed.

The Civil Court ruled that when lands leased to people under third party agreements are withdrawn the government would have to pay compensation to the tenant.

On March 27, following a cabinet decision, the Ministry of Housing and Infrastructure decided to take over all major lands in Malé City from the city council.

The Housing Ministry and Malé City Council have clashed periodically over the ownership of land in Malé.

Minister of Housing and Infrastructure Dr Mohamed Muiz told newspaper Haveeru at the time that the lands that will be taken from the council including the artificial beach, carnival area, south harbour area, lands near the T-Jetty, Usfasgandu area on the southeast, and Dharubaaruge multipurpose hall.

Muiz said all of the plots were to be developed under a master plan formulated by the ministry, and that there were no problems between the council and the ministry.

“We are taking almost all large plots [in Malé]. We will very soon inform the council in writing that those have been taken [from the council]. We will work with the council. I don’t think this will create any problems,” Muiz said.

‘’The government has the authority to take such lands to utilise them for social and economic purposes.”

Muiz further said that all arrangements of transfer, including the issue of any existing contracts with a private party, will be dealt according to the laws and regulations.

Director of Lemongrass Ahmed Atheef Hussain told Sun Online that the Ministry of Housing and Infrastructure had claimed that the restaurant was being constructed in violation of regulations, and requested police to halt the work.

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