Day: July 20, 2014

No intention to “displease” Russia with Seleznyov expulsion, says home minister

The Maldivian government would have “acted differently” if the Home Ministry had been aware that an alleged hacker expelled on July 5 was the son of a Russian lawmaker, Home Minister Umar Naseer said on state broadcaster Television Maldives (TVM) last week.

“Had it been known that he was a high-profile person in Russia, we would have discussed with Russia. We would have talked and found out what they thought of the matter. We don’t want at all to do anything to displease Russia,” Naseer said on TVM’s Raajje Miadhu (Maldives Today) programme Thursday night (July 17).

Naseer said that the Home Ministry was only aware of information concerning the suspect’s alleged crimes, adding that the government had no wish to be caught between Russian-American rivalry.

The Russian Foreign Ministry had expressed outrage over the arrest of Roman Valerevich Seleznyov, 30, from the Ibrahim Nasir International Airport (INIA) and called it a “kidnapping” by the U.S. Secret Service.

The Home Ministry however insisted that Selezynov – son of Russian parliamentarian Valery Seleznyov – was expelled in response to an Interpol red notice with American authorities informed upon his arrival in the Maldives.

The US embassy in Colombo backed the government’s stance with a spokesperson informing Maldivian media that an Interpol red notice had been issued following indictments relating to bank and computer fraud that affected thousands of American citizens.

“This was a law enforcement action, and was based solely on law enforcement considerations. The indictment in this case was returned on March 2011, and thus long predates any current issues involving Russia and the United States. It has nothing to do with any of those issues. Nor was this a ‘kidnapping’ or in any way illegal,” the spokesperson stated.

Seleznyov “was arrested following his expulsion from another country, acting under its own laws. He was advised of his rights and given consular notification. These actions also were in no way inconsistent with any treaty arrangements with Russia.”

While President Abdulla Yameen has dismissed allegations of a US Secret Service operation on Maldivian soil as baseless, Home Minister Naseer insisted in parliament last week that Selezynov was arrested lawfully “by Maldivian police”.

Eyewitness

However, Russian media has reported an anonymous eyewitness at the airport as claiming that Selezynov was allegedly handcuffed and led away by “two white guys” before he was about to board a flight to Moscow.

“I can remember one very clearly, one was wearing a green T-shirt and jeans type pants. He cuffed him,” the eyewitness told the Voice of Russia radio station.

While Maldivian police were present, the eyewitness claimed “they were not engaging in anything, they were just behind him.”

Selezynov was taken to the VIP lounge where passengers departing on private jets are processed, the eyewitness explained.

His girlfriend, Anna Otisko, who was with him at the airport told Russian media at a televised press conference on July 11 that her partner was “grabbed by unknown men” at the airport.

Selezynov’s father has also called on Russian authorities to impose economic sanctions on the Maldives and reportedly offered US$50,000 for evidence proving his son was detained by American intelligence agents.

“No legal procedures involving local authorities required for extradition were observed,” the Russian Foreign Ministry contended in a statement.

“The Russian citizen was literally kidnapped, which is a flagrant violation of the laws of any civilised state as well as international law.”

Maldives Foreign Minister Dunya Maumoon and Attorney General Mohamed Anil meanwhile flew to Sri Lanka last week to brief Russian diplomats regarding the incident.

The ministry said in a statement that “strong, mutually beneficial” relations with Russia would not be derailed due to the “isolated incident.”

Due process

The opposition Maldivian Democratic Party (MDP) has also accused the government of flouting due process in Seleznyov’s arrest.

In a statement, the party said that personnel of Maldivian security services must make arrests within Maldivian territory and a warrant from a Maldivian court must be obtained for such seize-and-arrest operations.

Further, the suspect should also be produced at the relevant court in Maldives prior to repatriation, the party said.

The MDP has also expressed concern the incident may have adverse effects on trade and tourism.

Russia currently ranks fifth in terms of the number of tourist arrivals to Maldives, with more than 33,000 tourist arrivals during the first five months of 2014.

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Turkish citizen arrested with gun parts released

A Turkish national arrested earlier this month for being in possession of gun parts has been released after police decided that the parts could not have formed a working weapon.

Local media also reported that the Prosecutor General’s Office had decided the individual could not be prosecuted. Haveeru believes the man was released upon expiry of his detention period last Sunday (July 13th).

The arrest was made at Ibrahim Nasir International Airport after parts of a gun were found in his luggage.

According to local media, the man was a crew member of a Turkish oil tanker and was among nine crew members attempting to leave via INIA.

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Minister reveals foreign investors’ interest in youth city project

Youth Minister Mohamed Maleeh Jamal has revealed that investors from four countries have shown an interest in the Hulhumalé youth city project.

Speaking with Haveeru, Jamal said that companies from Austria, China, Malaysia, and Thailand had made enquiries regarding the development, pitched to the international business community during April’s Singapore investment forum.

“We have received very good proposals. A lot of foreign investors are interested in this project. We can go forward with the Youth City project as soon as Hulhumale land reclamation is complete as per the second phase,” Jamal told Haveeru.

The deal to reclaim land to the north of the artificial island was finalised with Belgian company Dredging International last week, which is expected to have more than doubled the size of the Malé suburb by next February.

A flagship programme in President Abdulla Yameen’s development policy, the youth city is projected to have a population of 50,000.

The project is reported to involve youth-specific housing, international class sports facilities, a theme park, yacht marina, and a tourism district.

Last month, the government revealed that three Chinese companies had expressed interest in the ambitious bridge project designed to link Hulhumalé the crowded capital island of Malé.

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Police to dispose of over 700 impounded vehicles

Police have announced today that 722 vehicles impounded for illegal parking will be disposed of as no one has come forward to claim ownership of the vehicles.

Police are working with the Malé City Council to transport the vehicles to the Thilafushi industrial island, police said.

According to a statement by the police, the vehicles to be destroyed includes 156 motorcycles, 560 bicycles, and six four-wheelers.

Police noted that only five vehicles were reclaimed by their owners from the tow yard following the last announcement.

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Government pays GMR US$ 4 million in arbitration fees

The Maldives Airports Company Ltd (MACL) has paid US$4 million to Indian infrastructure giant GMR as compensation for legal costs of arbitration proceedings in Singapore.

Following an 18-month arbitration process, a Singapore tribunal ruled last month that a concession agreement with the GMR-led consortium to manage and develop the Ibrahim Nasir International Airport (INIA) was “valid and binding” and held the government and MACL “jointly and severally liable in damages” for losses caused by the premature termination of the contract in December 2012.

The Singapore Court of Appeal ordered the Maldivian government and the 100 percent government-owned airports company to pay GMR US$4 million within 42 days for the cost of arbitration proceedings.

Finance Minister Abdulla Jihad told Sun Online last week that the US$4 million was paid out of the MACL’s revenues and not the state budget.

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More than 10,000 registered poor in capital Malé

Some 10,114 people have registered as poor and eligible for Zakat in the capital Malé at the end of a registration deadline yesterday, local media reports.

According to the Islamic Ministry, more than 53,000 people will be eligible for Zakat in 2014 – an obligatory alms tax collected from the accumulated wealth of all able Muslims.

The number of registered poor rose to 53,200 last year from 50,619 in 2012 – a 4.9 percent increase.

The ministry has said that MVR47 million (US$3 million) was collected last year as Zakat and out of this approximately MVR21.3 million (US$1.3 million) will be distributed to the poor – each person is expected to receive MVR400 (US$26).

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MDP calls parliamentary debate on Supreme Court Judge Ali Hameed sex tape scandal

The opposition Maldivian Democratic Party (MDP) has called for a parliamentary debate on the judicial watchdog’s decision to clear Supreme Court Judge Ali Hameed of misconduct charges in a sex tape scandal.

The Judicial Services Commission (JSC) on June 25 claimed insufficient evidence to indict the judge in a court. The three sex tapes leaked on social media appear to show Hameed fornicating with three different foreign women in a Colombo hotel room.

The commission did not suspend Hameed in the course of investigations despite several sub committee recommendations.

Critics have since argued the JSC is mandated to conduct disciplinary investigations which entail different penalties than criminal investigations.

MP Imthiyaz ‘Inthi’ Fahmy in a resolution on Wednesday said the JSC decision has “closed all the doors for unveiling the truth regarding the case.”

The resolution also stated that the JSC contravened its own standards in determining misconduct in order to save Judge Hameed, and had “sacrificed judicial independence and the Constitution and prioritized [Judge] Ali Hameed’s interests” by purposefully delaying the case for over a year.

In serious cases of corruption and misconduct, allegations must be investigated promptly and the judge must be suspended until investigations are completed, Fahmy noted.

Further, the JSC decision to retain a judge perceived to be “corrupted, shamed, dishonored and blackmailed’ on the Supreme Court bench affects the freedom and independence of the apex court and undermines trust in decisions of all other courts, the resolution said.

The JSC has violated the public’s constitutionally enshrined right to a fair trial at a free and independent court, Fahmy said.

The first reading of the resolution was held on Wednesday. It will be opened up for debate within a seven day period and MPs will cast a vote to accept or reject the resolution.

Speaking to Minivan News, Fahmy said he wanted a parliamentary probe in to the JSC decision.

“The decision has set a very wrong standard, we cannot allow this to continue. The JSC does not have to use criminal standards in a disciplinary case like this, anyone familiar with law will know with that. The parliament should look in to this and hold JSC accountable,” he said.

However, given the ruling Progressive Party of the Maldives (PPM) avoidance of the subject of judicial reform, Fahmy said he is skeptical of the outcome of the resolution. The PPM currently holds a majority in the parliament.

“Even so, I hope the parliament will approve this for the sake of an independent judiciary and justice. The hope is to reform the judiciary in this country,” Fahmy said.

Despite international and domestic criticism of the judiciary, President Abdulla Yameen has failed to respond to the issue. Yameen has said he left the subject out from his first presidential address due to the trust and respect he has for the judiciary.

Sex, corruption

The police formally launched an investigation against Hameedin July 2013 after still images of the sex tape began circulating on social media.

The police investigations consisted of two-parts, one concerning the content of the video and another regarding the use of the tapes to blackmail Hameed. At the time, the JSC voted not to suspend Hameed citing lack of evidence.

Soon afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women surfaced on social media.

In December 2013 the police stalled investigation claiming they were unable to ascertain the identity of the man in the sex tapes.

At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September. The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.

A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a vote.

The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.

“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the association said in a statement at the time.

In May, the police closed investigations and said it would only open the case if it receives new information.

In another leaked video , Hameed allegedly suggested he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010. However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.

A 2010 audit report of the Department of Judicial Administration reveals that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

The Supreme Court has dismissed allegations of corruption.

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Over MVR300,000 donated to Gaza Fund in two days

Over MVR300,000 (US$19,455) has been donated in the first two days to a “Gaza Fund” set up by the religious conservative Adhaalath Party (AP) to provide financial assistance to Palestinians affected by the ongoing Israeli aggression.

According to the party, a total of MVR317,364.60 and US$1,346 has been collected as of yesterday (July 19).

Fund boxes have been placed across the capital Malé in mosques and other locations, including the artificial beach and the tsunami memorial area, as well as in Vilimalé and Hulhumalé.

The fund was launched by Maldives national football team midfielder Mohamed Arif and former captain Assad Abdul Gani at a ceremony last week.

Adhaalath Party Spokesperson Imran Zahir said at the ceremony that 11 NGOs were participating in the fund raising activities while a bank account for donations would be set up at the Islamic Bank.

Zahir said donations would be counted in the presence of the media and that the proceeds would not be used for management purposes.

Meanwhile, the Qatari Red Crescent offered last Thursday (July 17) to ensure that the funds reach its intended recipients.

In a letter to AP President Sheikh Imran Abdulla, Qatar Red Crescent Secretary General Saleh Bin Ali Al-Muhanadi said that the humanitarian organisation could ensure that the funds reach the people of Gaza in the form of food and medicine.

The arrangements could be made through its extensive relief efforts in Gaza, he said.

“We note that we have had a very fruitful partnership with Adaalath Party in two previous projects; namely Gaza Fund and PK Fund, in which we channelled the funds that were raised in Maldives to the people of Gaza and Pakistan respectively,” the letter read.

In early 2009, 25 Maldivian charities raised US$100,000 for humanitarian projects in Gaza in the wake of an Israeli military offensive in December 2008.

The previous Gaza fund raised MVR1.2 million (US$100,834) between January 9 and February 8, 2009.

Last week, thousands of Maldivians joined a protest march in the capital against the Israeli offensive in Gaza.

Fund raising

Meanwhile, a heated exchange took place on social media last week between Islamic Minister Dr Mohamed Shaheem Ali Saeed and former President Mohamed Nasheed after the latter suggested that it would be “unwise” to donate to the AP fund while details of expenditure out of a “Mosque Fund” set up by the Islamic Ministry remained unclear.

Shaheem responded angrily claiming that details of expenditure were shared with the People’s Majlis and the media, implying that Nasheed had left the country to avoid participating in a rally by the opposition Maldivian Democratic Party (MDP) on July 12.

“Nasheed cannot tolerate any action against the Jews in Maldives,” the Islamic Minister tweeted.

In response, the opposition leader accused Shaheem of lying and explained that he had flown overseas on July 7 to seek “emergency” medical treatment for his wife in Singapore, three days before the MDP’s national council passed a resolution to hold a protest march.

MDP MP Eva Abdulla meanwhile tweeted, “[President Nasheed] is with his wife who just underwent a surgery. How much evil do you need to spread, in this holy month?”

According to figures publicised by the Islamic Ministry, a total of MVR21.5 million (US$1.3 million) was donated to the mosque fund, out of which and spent MVR14.9 million (US$966,278) as of July 2013.

The opposition party’s national council organised a protest march after Nasheed – currently the party’s acting president – called on “all human rights defenders” to raise their voices “against the indiscriminate killings in Gaza.”

In a tweet four days later, Nasheed referred to 12 Maldivians leaving for Ceylon to fight in the neighbouring country’s defence in 1943 and suggested that there was “no reason that an MNDF [Maldivian National Defence Force] brigade should not go in defence of Gaza.”

On Friday (July 18), Nasheed contended that the current administration could not “care for Gaza” and asked the MDP to take the initiative to organise “a human shield” for resistance in Gaza.

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President pardons former MP Abdulla Jabir

President Abdulla Yameen on Wednesday pardoned former opposition MP Abdulla Jabir who was serving a one-year jail term for refusal to provide urine.

The former Maldivian Democratic Party (MDP) MP and tourism tycoon was pardoned under powers granted to the president by the Clemency Act.

Jabir was arrested during a police raid on Hondaidhoo Island in November 2012. The police claimed they found large amounts of narcotics and drugs.

The ten individuals arrested from Hondaidhoo also include former MDP MP Hamid Abdul Ghafoor and former President Mohamed Nasheed’s Special Envoy Ibrahim Hussein Zaki.

Jabir claimed he had been tortured during the arrest and that the police did not follow due process in asking for a urine sample. But the Criminal Court said Jabir was unable to substantiate his case and sentenced him to one year in jail in February.

Subsequently, Jabir’s lawyers said the sentence “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives.”

Lawyers suggested that Criminal Court Judge Muhuthaz Muhusin had failed to consider procedural issues raised by Jabir’s defence, thereby failing to observe the principles of natural justice.

The statement also suggested that the Jabir’s constitutional rights to adequate time and facilities for his defence – also guaranteed under the International Covenant on Civil and Political Rights (ICCPR) – were not met.

Jabir’s legal representatives noted that the police’s mistreatment of the MP at the time of arrest had been confirmed by the Police Integrity Commission but had not been taken into account by the judge.

After investigating the case – which involved medical records showing injuries sustained by Jabir as well as a video of one officer kicking the MP in the head – the PIC said it could not forward the case to the prosecutor general as the identity of the officer could not be determined.

During the trial, Jabir had claimed testimony given against him by arresting officers was inadmissible, alleging that the officers in question had been responsible for his mistreatment.

“It is regrettable that the Judicial process that we are to respect and obey has shown such a blatant disregard for the principles of justice and the rule of law,” concluded the statement.

Political career
Jabir ran for the Kaashidhoo constituency from jail, but lost the election in March. He asked the High Court to invalidate the polls claiming his right to campaign had been restricted. But the court rejected the appeal.

In April, Jabir was temporarily released from jail for a period of three months to obtain medical treatment in Malaysia for respiratory difficulties. He was jailed on his return on July 10.

The prosecutor general also pressed charges against Jabir for alcohol and cannabis possession. But the Criminal Court in February acquitted him of cannabis charges in February and alcohol charges on July 10.

Hamid was also acquitted of alcohol possession on the same day.

Jabir was elected to the People’s Majlis on the Jumhooree Party (JP) ticket in a by election in 2012 after the former Kaashidhoo MP Ismail Abdul Hameed was sentenced to one year and six months of banishment for corruption.

He is well known for his frequent party defections. His first political party was Dhivehi Rayithunge Party during the presidency of Maumoon Abdul Gayoom in 2005. He switched to current President Abdulla Yameen’s People’s Alliance in 2007.

Jabir then defected to the JP ahead of the 2008 presidential elections, backing JP leader and business tycoon Gasim Ibrahim.  Jabir was also appointed as the party’s deputy leader.

He subsequently switched to the MDP, holding senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

During the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed in early 2012, however, Jabir once again declared that he had defected from the MDP back to the JP.

Following his arrest and charges of alcohol possession in late 2012, Jabir became an open critic of the Waheed government, eventually reverting back to the MDP in December the same year.

The MDP’s disciplinary committee in January this year invalidated Jabir’s ticket for the Majlis election after he repeatedly breached the party’s whip by voting for President Yameen’s cabinet in December.

Jabir had won the ticket by default due to a lack of contenders.

However, an appeals committee overruled the decision stating that the disciplinary committee could only issue a warning, levy a fine, and suspend or revoke party membership.

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