Month: July 2014

Court overrules government on lagoon development joint venture

The Civil Court has ruled in favour of Prime Capital Maldives Pvt Ltd in a contract dispute with the government over a joint venture agreement to develop a special tourism zone in Kaafu Atoll Fushidhiggaru lagoon.

In September, Prime Capital sued the government after the Ministry of Economic Development refused to register the joint venture company (JVC) citing lack of authorisation from the president as required by law.

In a verdict (Dhivehi) delivered on July 15, Civil Court Judge Ali Naseer ordered the government to register the JVC within a seven-day period, sign a master lease agreement within five days of registration, “and [to] make all arrangements undertaken by the government in accordance with the agreement”.

An agreement was signed between Prime Capital and the Maldivian government on January 18, 2013 – under the administration of former President Dr Mohamed Waheed – to lease the Fushidhiggaru lagoon for a 50-year period to a JVC with a 25 percent stake for the government.

According to local media, the government was to receive 30 percent of the profits from the tourism venture in the lagoon south of the capital Malé.

Prime Capital is reported to be a Singaporean company.

Denials

Following media reports last year suggesting that the JVC agreement was signed secretively, both Finance Minister Abdulla Jihad and Tourism Minister Ahmed Adeeb initially denied the existence of an agreement to lease the lagoon.

Less than two weeks before the first round of last year’s presidential election on September 7, Jumhooree Coalition campaigner Umar Naseer – now Home Minister – leaked documents to the media purported to be an agreement to sell the lagoon.

Naseer was campaigning for candidate Gasim Ibrahim, while Adeeb was deputy leader of the Progressive Party of Maldives whose candidate – now President Abdulla Yameen – was facing severe criticism from the Jumhooree campaign.

Yameen eventually won the race with Gasim’s endorsement in a run-off with former President Mohamed Nasheed.

The documents leaked by Naseer showed that Finance Minister Jihad had signed the agreement on behalf of the government while Adeeb – also Tourism Minister under President Waheed – had signed as a witness on behalf of Prime Capital.

Naseer alleged at the time that the economic development ministry stopped the project as the cabinet had not officially approved it.

Moreover, the agreement was signed without seeking legal advice from the attorney general, he claimed.

Adeeb denied the existence of an “official” lease agreement and dismissed the allegations as a “political assassination” attempt in the days preceding the presidential election.

He did say, however, that the Waheed administration was in talks with a foreign company as the previous administration had decided to lease the lagoon.

The Anti-Corruption Commission was meanwhile asked to investigate the deal.

Adeeb also suggested that Naseer was upset after the government refused to lease a lagoon called “Gaafalhu” for his whale submarine business.

In its lawsuit, Prime Capital had reportedly submitted a letter signed by Tourism Ministry Deputy Director Hassan Zameel sent to the economic development ministry requesting approval of the JVC registration.

The Civil Court ruled that registering a joint venture with a government stake was the legal responsibility of the government and ordered the relevant ministries to fulfil all contractual obligations.

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Home Minister Umar Naseer’s trial concludes at Criminal Court

Home Minister Umar Naseer’s trial at the Criminal Court on charges of disobedience to order after calling for protesters in January 2012 to storm military barracks has concluded today.

After hearing closing statements, Chief Judge Abdulla Mohamed reportedly said the verdict would be delivered at the final hearing if there were no further matters for clarification.

The Prosecutor General’s (PG) Office is charging Naseer with violating Article 8 (a) of the General Laws Act of 1968 for calling on anti-government protesters in January 2012 to storm the military headquarters with 50 ladders.

The clause prohibits speech or writing contravening Islamic tenets.

According to local media, the prosecution presented video footage of Umar’s remarks as evidence at today’s hearing, while Naseer contended that his remarks were open to interpretation and could not therefore be the basis for pressing charges.

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).

Judge Abdulla Mohamed had taken over the case after Naseer requested a change of judge in letters to both the chief judge and Chief Justice Ahmed Faiz.

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

Naseer had asked Judge Didi to annul Article 8 (a) of the General Laws Act on the grounds that it contradicted the right to freedom of expression guaranteed by the constitution.

Didi ruled, however, that Naseer’s claim does not classify as a point of procedure. Naseer’s lawyer Adam Asif meanwhile refused to proceed with the trial until Didi’s decision on the procedural matter was issued in writing. Didi then said he took Naseer’s refusal to proceed with the trial as a refusal to speak in his own defence.

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 final hearing.

On June 12, Didi had also issued an arrest warrant ordering the police to present Naseer at the court after he missed three consecutive hearings while overseas on official business.

A similar request for a change of judge was granted to Maldivian Development Alliance (MDA) Leader Ahmed ‘Sun’ Shiyam in May after the resort tycoon objected to the manner of the presiding judge in his alcohol smuggling trial.

Disobedience charges

On January 23, 2012, Naseer told anti-government demonstrators in front of the Maldives Monetary Authority building that they should use tactics to tire out the soldiers on duty before climbing into the military barracks, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer had said.

“We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

After he was questioned by the police in September 2012, Naseer told the press that “there will be no evidence” to prove he committed a criminal offence.

Naseer was appointed Home Minister on a cabinet slot allocated for the Jumhooree Party (JP) on a now defunct coalition agreement with ruling Progressive Party of the Maldives (PPM).

Two other ministers appointed on JP slots have switched to the PPM and its ally MDA following the dissolution of the coalition.

Meanwhile, following this defeat in the PPM primary to Yameen last year, Naseer held a rally in which he alleged widespread vote rigging and accused the PPM presidential candidate of illicit connections with gangs and the illegal drug trade.

Naseer also implicated Yameen in MP Dr Afrasheem Ali’s death, claiming he had witnessed a meeting between Yameen and an individual who was under investigation for Afrasheem’s brutal death.

The PPM expelled Naseer after he refused to apologise for his comments.

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Army ordered the use of expired tear gas and pepper spray on protestors, says dismissed captain

The Maldives National Defense Forces (MNDF) ordered soldiers to use expired tear gas and pepper spray on protestors during the presidential polls of November, dismissed Captain Abdul Muizz Musthafa told the Civil Court on Tuesday.

In a third hearing into an unfair dismissal case, Musthafa claimed he had been dismissed from the army for exercising a constitutionally enshrined right to refuse obedience to unlawful orders.

Musthafa is the first of the nine officers dismissed after President Abdulla Yameen assumed power in November to press charges against the dismissal. The nine were fired for allegedly sowing discord within the military.

The former captain said he had sent photos proving expiration of the tear gas and pepper spray canisters to his superiors via instant messaging service Viber.

But the photos were deleted immediately and the canisters were sent to the armory where razor blades were used to scratch off the expiration dates. The canisters were then sent back for use, Musthafa claimed.

He also claimed he was dismissed in a personal dispute between former Vice Chief of Defense Forces Brigadier General Farhath Shaheer and Chief of Defense Forces Major General Ahmed Shiyam.

MNDF Lawyer and First Lieutenant Mohamed Naseem said the MNDF does not trust Musthafa. The former captain does not uphold military obedience and had spoken out against his superiors on social media, said Naseem.

In response, Musthafa noted the MNDF has not carried out any investigations into misconduct against him to date.

He is seeking reinstatement and has asked the Civil Court to order MVR6 million (US$389,105) in compensation for damages.

In June Brigadier General Ahmed Nilam – dismissed along with Musthafa – also filed a case with the Human Rights Commission (HRCM) relating to his suspension and eventual dismissal from service.

Upheaval and dissent

In a statement on Musthafa’s dismissal, the MNDF accused the captain of collaborating with former Brigadier General Abdulla Shamaal in collecting signatures from MNDF officers on a letter which had been prepared “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

A copy of the letter leaked on social media expressed concern over delays in the presidential elections in 2013, and the repercussions should a president-elect not be determined by the end of the presidential term on November 11.

A statement by the military said Shamaal had leaked the letter on social media “in order to reveal dissent within the military,” and accused Musthafa of aiding Shamaal and planning “to commit dangerous acts using the troops under his captainship”.

The presidential elections of 2013 were marred by repeated delays after the Supreme Court annulled the first round of polls held in September.

Following the MNDF’s first letter of concern, the force amended its regulations to punish officers who promoted “upheaval and chaos.” Several officers were suspended and Shamaal was removed from his position as the commandant of training and doctrine.

In mid-November, as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay the second round of election, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by then President Dr Mohamed Waheed and his political appointees.

Shortly after President Abdulla Yameen was inaugurated, nine senior-ranking officers were dismissed.

On November 25, Chief of Defense Force Major General Ahmed Shiyam called for “100 percent loyalty” from the MNDF.

“Soldiers must have absolute loyalty. Every single man and women working in this institution must have this characteristic. Otherwise, they are lacking the most important characteristic of a soldier,” Shiyam said.

In September 2013, the Civil Court ordered the Maldives Police Services to reinstate former Head of Intelligence Mohamed ‘MC’ Hameed who had been dismissed by the police’s disciplinary board for unspecified offenses.

Local media at the time said Hameed dismissal was related to a report published by the opposition on the controversial transfer of power in February 2012. The police have appealed the case.

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Maldives team take part in 20th Commonwealth Games

Athletes from the Maldives took part in the opening ceremony for the 20th Commonwealth Games in Glasgow yesterday.

The 23-strong team paraded alongside j ust under 5000 fellow competitors from 71 nations and territories.

The games were officially opened by Queen Elizabeth after singers Susan Boyle and Rod Stewart were joined by a giant kilt in a ceremony celebrating Scottish culture.

Following the conclusion of the official baton relay, Queen Elizabeth noted that the baton represented “a calling together of people from every part of the Commonwealth and serves as a reminder of our shared ideals and ambitions as a diverse, resourceful and cohesive family.”

Hassan Saaid – the holder of the Maldives’ record for the 100m – carried the national flag into Celtic Park where the team was greeted by a crowd of 40,000.

Saaid – a competitor in the London Olympics in 2012 – recently returned from a year of training in Jamaica, during which time he beat his personal best and again broke the Maldives national record.

Saaid and Hussein Inaas will compete in track events, while the Maldives will field six competitors in Badminton, six in table tennis, four in swimming, and five in shooting events.

Badminton player Maisa Ismail is the youngest member of the team, aged just 15-years-old while Ismael Shafeeq is the most senior Maldivian competitor and will take part in the rapid fire pistol shooting event.

17-year-old Mohamed Naseem, from Hithadhoo in Addu City, is the sole competitor from the southern atolls. Naseem will compete in both the men’s singles and doubles events in addition to the mixed doubles.

The Maldives’ swimmers were the first to compete today, with three national records falling.

Aminath Shajan broke her own national record in the 200m women’s freestyle event, Aishath Sajina set a record time for the 50m breaststroke, and Nishwan Ibrahim became the fastest Maldivian male in the 50m butterfly event

Despite consisting of 53 member states – which make up just under one third of the global population, the games include additional territories competing under their own flags.

The largest team sent to Scotland for games is Australia’s, made up of 417 athletes, while Brunei has entered just one competitor to compete in the games

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Maldivian jailed in Thailand for 14 months

A 44-year-old Maldivian man has been sentenced to 14 months in jail in Thailand for using counterfeit US dollars and overstaying his visa.

Nahula Ali, executive coordinator at the Foreign Ministry, told local media that the Maldivian citizen was indicted in June and had confessed to the crime.

Local media has identified the man as Abdulla Saeed from Raa Atoll Ungoofaru.

The Foreign Ministry has reportedly communicated the news to the man’s family and local authorities.

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MACL staff protest discrimination in annual bonus

An estimated 150 employees of the state-owned Maldives Airports Company Limited (MACL) demonstrated over discrimination in bonus payouts today.

The protests started on Tuesday morning after leaked documents indicated senior management and an estimated 200 staff members working at the duty free shops were to receive a percentage of profits while other employees were only to receive an amount equivalent to their basic salaries.

Speaking to Minivan News, a staff members who took part in the protests said senior staff and duty free staff were to receive up to MVR80,000 (US$5188) while most staff members were to receive between MVR6000 (US$389) and MVR15000 (US$972).

“Around 1900 employees are to receive an amount equivalent to their basic salaries, which comparatively is a very low amount. Their [management] justification is that duty free employees reached a profit target. But there are others who work as hard, and earn the company as much money in other departments,” she said.

A handful of senior level employees in some departments would receive between MVR25,000 and MVR50,000 (US$1621 – US$3242), she said.

“This is a huge difference, a huge discrimination which is against the company’s general human resource policy. Most of us are giving our hundred percent to the company, and our work brings in as much money as the duty free staff,” the protesting staff member said.

The demonstrations were peaceful and not intended to obstruct airport operations in the airport, she continued.

“We stood up for our rights, we are not against the management nor did we have any intention to obstruct the operations here. We were demanding an explanation.”

Managing Director of MACL, Ibrahim ‘Bandhu’ Saleem, met the protesters yesterday and told them the company board will hold discussions and reach a decision on the matter as soon as possible.

In response, protesters today demanded a deadline for the decision. Subsequently, the company issued a circular stating that bonus payouts will be revised and a decision will be made before August 31. The circular was changed a second time to specifically mention that the issue will be resolved in an equitable manner on the protesters’ demands.

An MACL spokesman told Minivan News today that the leaked document was not an official one and no decisions have been made yet over the distribution of bonuses.

“The management have discussed the issue with the protesting staff members now and it is settled. Everyone has gone back to work. It all started with a leaked document, which is not final in anyway. The bonus amounts would be announced before August 31,” he said.

The decision to grant annual bonus to employees was made after a staff members protested its discontinuation in March. At the time the employees also raised the issue of the poor quality of food provided at the staff cafeteria.

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Civil Court protects ballot secrecy in JSC lawyer election

The Civil Court has ruled against setting up polling mechanisms on every inhabited island to elect a representative from the legal community to the Judicial Services Commission (JSC), arguing the move would violate the secrecy of the ballot.

A regulation compiled by Attorney General (AG) Mohamed Anil states ballot boxes can only be placed in islands where more than five lawyers are registered to vote. However, Gaaf Dhaal Fiyori Island Magistrate Abdul Razzak Mohamed asked the court to annul the requirement and asked for a voting mechanism to be established on every island.

An estimated 700 lawyers are eligible to vote in the election. These include 136 magistrates stationed throughout the Maldives.

Judge Ali Rasheed Hussein on Tuesday said the regulations require the vote to be by secret ballot and said voting mechanisms on every island, where only one lawyer casts the vote, would compromise secrecy.

Mohamed had lodged the complaint a day ahead of polls on July 13. Subsequently, the Civil Court issued an injunction delaying the vote.

Former Deputy Prosecutor General and JSC candidate Hussein Shameem who has long criticised judicial interference in the election has welcomed the Civil Court verdict.

“The verdict yesterday proves the Fiyori magistrate had no case. He has caused an undue delay to the process. An election involves the rights of a group of people, not just one individual. I hope the courts consider this in the future and that there are no more delays,” he said.

The Attorney General’s Office has said a new poll date will be announced in August.

Despite ruling against polling systems on every island, the Civil Court said the AG had contravened procedures in the voter registration process. The regulations state eligible voters must be given a four day period for registration once polling date is announced.

However, the call for registration came before the finalised voter list was published, the ruling said.

Magistrate Mohamed did not attend the hearing. But Judge Hussein delivered the ruling in absentia on the wishes of the AG’s office. Judges are authorised to throw out complaints if the complainant fails to attend a hearing.

Four candidates are contesting in the vote. They are Hussein Shameem, Anas Abdul Sattar, Mohamed Faisal, and Latheefa Qasim.

Lawyer Mohamed Fareed withdrew his name on July 10, expressing concern over judicial interference in the election following the Supreme Court’s ruling allowing all licensed lawyers, including sitting MPs and judges, to vote in the election.

“The belief that an election in the Maldives may proceed without Supreme Court interference is against the facts, reality. This is the reality now,” he said at a press conference.

Had voting mechanisms been set up on every island, magistrates would have been forced to vote for the judiciary-backed candidate Latheefa Qasim, he suggested.

Latheefa is a public relations staff at the Department of Judicial Administration and served on the JSC for a year as former President Dr Mohamed Waheed’s appointee to the commission. Latheefa did not respond to calls at the time of press.

Meanwhile, former AG Husnu Suood has accused businessmen and judges of influencing the JSC lawyer election, suggesting Latheefa is backed by Jumhooree Party leader Gasim Ibrahim.

“We have to do a lot to protect the integrity and independence of the legal profession. We, lawyers, can only uphold independence and integrity of the legal profession if we minimise the influence of judges and businessmen in such elections. I think businessmen actively influencing and actively campaigning for individuals who stand for the election obstructs the independence of both the judiciary and the legal profession,” he said.

Suood has also accused the ruling Progressive Party of the Maldives of attempting to fix the composition of the new JSC.

Although he is skeptical of reform through the commission, Suood urged lawyers to back Shameem in order to ensure transparency within the JSC.

“If there is a single effective candidate, I believe they can give us information and work to make the JSC more transparent. There is a huge difference between one person being there and none being there,” he said.

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MPs clash over amendments to Human Rights Commission Act

Pro-government MPs clashed with MPs of former coalition partner Jumhooree Party (JP) and opposition Maldivian Democratic Party (MDP) today over amendments proposed to the Human Rights Commission of Maldives (HRCM) Act of 2006.

During debate on the government-sponsored amendments, JP MP for Dhagethi, Ilham Ahmed, objected to giving powers to the HRCM to suspend employees of state institutions for two weeks for not complying with the commission’s orders.

The proposed amendment to Article 26(b) of the HRCM Act also confers the authority to impose a fine of between MVR3,000 (US$195) and MVR25,000 (US$1,621) for non-compliance.

The JP deputy leader contended that the powers could be misused to either arbitrarily fine or “bring into disrepute” a state employee over “simple matters,” adding that HRCM members would be “under the control” of the majority party in parliament.

Some members of independent commissions have “for sale boards on them,” he alleged, and could be bribed to issue reports.

Responding to the criticism, Majority Leader Ahmed Nihan noted that the existing law empowers the HRCM to place individuals under house arrest for three months over non-compliance with orders.

Moreover, the commission has the authority to dismiss employees of state institutions for non-compliance.

Attempts to mislead the public were “regrettable” as the government’s intention was to “provide relief”, said the Progressive Party of Maldives’ (PPM) parliamentary group leader.

The amendments (Dhivehi) were submitted on behalf of the government at today’s sitting of parliament by PPM MP Jaufar Daood.

The purpose of the legislation was to bring the HRCM law in line with the new constitution adopted in August 2008, he said.

Some provisions in the HRCM law – enacted two years before the ratification of the new constitution – conflicted with articles 189 through 198 of the constitution, which specifies the responsibilities and powers of the commission, Daood said.

During the debate, PPM MP Saud Hussain argued that the current administration inherited the task of amending laws for adherence to the new constitution as the previous parliament failed to do so during the past five years.

Opposition MPs, however, contended that the then-opposition parties used their provisional majority in parliament to obstruct the MDP government.

The amendments to the HRCM Act are among a number of bills drafted by the Attorney General’s Office to bring outdated laws in line with the new constitution.

The current administration’s the legislative agenda is comprised of  207 bills, including 98 new bills and 109 amendments to existing laws.

During today’s debate, JP MP for Kendhoo, Ali Hussain, meanwhile contended that parliament and not the executive should decide among candidates who apply for HRCM membership.

The president should not have “all the powers” to decide whom to appoint as members of the HRCM, he added.

PPM MP Ali Shah noted, however, that the Majlis had the authority to reject nominees forwarded by the president for parliamentary consent.

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PPM MP Ibrahim Riza elected to represent Majlis on JSC

Progressive Party of Maldives (PPM) MP for Kaafu Guraidhoo, Ibrahim Riza, has been elected at today’s sitting of parliament to represent the People’s Majlis on the Judicial Service Commission (JSC).

Riza’s nomination was approved with 47 votes in favour and 27 against. Riza was nominated by Majority Leader Ahmed Nihan and seconded by PPM MP Jameel Usman.

The opposition Maldivian Democratic Party had decided to back Jumhooree Party MP Ali Hussain for the post.

The JSC is comprised of the Speaker of the People’s Majlis, a Supreme Court Justice elected by the bench, a High Court judge elected by the judges of the High Court, a judge of the lower courts elected by the judges of the lower courts, an MP elected by parliament, a member of the public appointed by parliament, a presidential appointee, the attorney general, president of the civil service commission and a lawyer elected from among licensed legal practitioners.

Also at today’s sitting, PPM MP Mohamed Waheed Ibrahim was appointed as the parliament’s representative on the Clemency Board with 48 votes in favour and 29 votes against.

PPM MP Ahmed Rasheed was meanwhile appointed as the parliament’s representative to a coordinating committee created under the anti-human trafficking law passed last year.

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