Home Minister’s trial delayed as court decides on change of judge

Home Minister Umar Naseer’s scheduled hearing in his disobedience to order trial was postponed today after the Criminal Court was unable to decide on a request to change the presiding judge.

Haveeru reported that it was not yet clear whether Naseer’s plea to Chief Judge Abdulla Mohamed and Chief Justice Ahmed Faiz to remove Judge Abdulla Didi from the case had been granted.

The request came after Judge Didi refused to accept a procedural point raised by Naseer in the previous hearing earlier this month.

Naseer had asked Judge Abdulla Didi to annul Article 8 (a) of the 1968 General Laws under which he is charged, claiming the clause contradicted the freedom of expression guaranteed by the constitution.

Didi ruled, however, that Naseer’s claim does not classify as a point of procedure, ordering the trial to continue.

Naseer’s lawyer Adam Asif has refused to proceed with the trial until Didi’s decision on the procedural matter is issued in writing. Asif has said that Naseer intends to appeal the decision.

Didi said he took Naseer’s refusal to proceed with the trial as a refusal to speak in his own defense.

He adjourned the hearing after allowing the state to present video evidence of Naseer’s speech, and said he would hold one more hearing for concluding statements and issue a verdict in a separate hearing.

On June12, Didi had issued an arrest warrant ordering the police to present Naseer at the court after he missed three consecutive hearings while overseas on official business.

If convicted under Article 88 of the penal code, Naseer faces imprisonment, banishment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

A similar request for a change of judge was granted to Progressive Coalition leader Ahmed ‘Sun’ Shiyam in May after the Maldivian Development Alliance had objected to the manner of the presiding judge in his alcohol smuggling trial.

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MPs debate raising state disability benefits

Parliament began preliminary debate today on an amendment submitted by Adhaalath Party MP Anara Naeem to the Disabilities Act to raise the monthly allowance provided by the state to persons with special needs from MVR2,000 (US$150) to MVR5,000 (US$324).

Presenting the legislation to the Majlis floor, the MP for Makunudhoo said persons with special needs deserved the same “care and protection” provided by the state to the elderly, referring to the current administration raising old age pensions to MVR5,000 a month in March this year.

Anara suggested that MVR2,000 a month was not sufficient to cover the expenses of children with special needs, who require special care and attention.

“I believe it is very important in the Maldives to determine allowances to the neediest in an equal manner. That is because sometimes a person’s means are not considered when subsidies are given [and] we see subsidies given to rich or well-off people,” she said.

Anara also referred to Article 35(b) of the constitution, which states, “Elderly and disadvantaged persons are entitled to protection and special assistance from the family, the community and the state.”

In some cases, she continued, if medical treatment is provided to children with special needs at infancy, they could “grow up as normal children.”

However, specialised services for children with special needs – such as speech therapy and physiotherapy – were not available in the Maldives, she added, while parents sent children to the special needs school in the capital “only to fill time.”

Debate

While all MPs who spoke in the ensuing debate supported the amendment, Jumhooree Party MP Ilham Ahmed suggested that the government could dismiss a few deputy ministers and coordinators – who he claimed earn MVR35,000 (US$2,269) a month – and use the savings to send specialised teachers to islands.

Progressive Party of Maldives MP Ali Arif noted that there were 5,100 persons in the national registry on persons with special needs, concurring that the monthly allowance should be raised to help parents of children with special needs as they were often forced to stay home to care for the child.

Opposition Maldivian Democratic Party MP Abdul Ghafoor Moosa argued that persons with special needs as well as single parents should receive the same monthly allowance as the elderly.

Ghafoor also urged the government to consider introducing unemployment benefits and a minimum wage, which he suggested should not be lower than state benefits.

In May, hundreds of people gave testimony to the Human Rights Commission of the Maldives’ (HRCM) ‘National Inquiry on Access to Education for Children with Disabilities’.

Parents spoke of the state’s failure to provide medical services and education to children with special needs whilst private services were costly. A single diagnostic assessment costs MVR5,000 and an hour of therapy costs MVR500, neither of which are covered by the ‘Aasandha’ health care scheme.

According to the HRCM, statistics from 2009 indicate that, out of 2250 children with disabilities, only 230 were attending schools at the time.

Citing a 2010 report by the HRCM and the UNDP, the US State Department’s 2013 Human Rights Report on the Maldives noted that “most schools accepted only children with very limited to moderate disabilities and not those with more serious disabilities.”

“Children with disabilities had virtually no access or transition to secondary-level education. Only three psychiatrists, two of them foreign, worked in the country, and they primarily worked on drug rehabilitation. No mental health care was available in Malé. There also was a lack of quality residential care,” the report stated.

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Pro-government MPs vote against debating JSC decision on Justice Ali Hameed

Pro-government MPs have voted against a motion without notice submitted by opposition Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy to debate the Judicial Service Commission’s (JSC) decision last week to clear Supreme Court Justice Ali Hameed of misconduct over his alleged appearance in a series of sex tapes.

The early motion – which would have opened the floor to a one-hour debate – was defeated with 44 votes against and 18 in favour at the ongoing sitting of parliament.

Presenting the motion, MP Imthiyaz said the JSC decision was “a permanent stain” on the Maldivian judiciary and an obstacle to judicial reform.

Following the vote, Imthiyaz tweeted:

The presence of a disgraced judge on the Supreme Court bench – who most citizens believe has lost his integrity – threatens the independence of the apex court, adversely affects decisions of lower courts, and robs Maldivian citizens of their constitutionally guaranteed right to a free and fair trial, the party contended in a press statement this week.

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Majlis standing committees constituted

Parliament yesterday (June 30) approved a report by a select committee tasked with constituting standing committees and allocating seats on the Majlis’ 13 committees.

The select committee decision was passed with 49 votes in favour, three against, and seven abstentions at yesterday’s sitting of parliament.

A list of MPs proposed by political parties for the 13 standing committees was also passed with 57 votes in favour and three abstentions.

Following the vote, 11 of the 13 standing committees held their first meeting yesterday and elected chairs and deputy chairs. MPs of the ruling Progressive Party of Maldives were elected chairs of all 11 committees.

Along with five MPs of coalition partner Maldives Development Alliance, the ruling coalition has a clear majority of 46 MPs in the 85-member People’s Majlis.

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President creates Ministry of Law and Gender

President Abdulla Yameen has today created the Ministry of Law and Gender, which is set to oversee all government functions related to families, children, women, people with special needs, and human rights.

These functions, previously under the remit of the Ministry of Health, have resulted in the change of this ministry’s title to the Ministry of Health. Dr Mariyam Shakeela was today sworn in as head of this department.

Among the new ministry’s areas of oversight are the Attorney General’s Office, the special needs facility in Kaafu Guraidhoo, and the Villingili orphanage.

“The Ministry of Law and Gender will further be mandated with tackling the issue of domestic violence, apart from those responsibilities of the Courts and the Maldives Police Service,” explained a President’s Office press release.

The President’s Office revealed that the renamed Ministry of Health will be responsible for all regional hospitals and health centres, the Food and Drug Authority, and blood services.

The minister of health will also oversee the Social Protection Agency, the ‎National Drug Agency, and the Health Protection Agency.‎

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President’s nominees forwarded to committee for vetting

A number of nominees by President Abdulla Yameen for independent institutions and diplomatic posts have been forwarded to the relevant standing committee for vetting at today’s sitting of parliament.

The nominees include President Yameen’s nephew Maumoon Hameed for the vacant post of prosecutor general, ‘Kurolhi’ Adam Zahir for a vacant seat on the Police Integrity Commission, and former MP Abdul Azeez Jamal Abubakur for the new post of Information Commissioner.

The nominees will be interviewed and vetted by the independent institutions committee.

President Yameen also nominated Aishath Zahira for deputy governor of the Maldives Monetary Authority.

Among nominees for diplomatic posts were Ahmed Shian as ambassador to the EU and non-resident high commissioner to the UK, Dr Mohamed Asim as the non-resident high commissioner to Bangladesh, Abdulla Hameed as the non-resident ambassador to the United Arab Emirates and Kuwait, and Fathmath Inaya as the non-resident ambassador to Singapore.

The nominees to the diplomatic posts will be vetted by the national security committee.

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