Month: August 2014

JSC demotes High Court Chief Judge Shareef to Juvenile Court

The Judicial Service Commission (JSC) has transferred High Court Chief Judge Ahmed Shareef to the Juvenile Court as a disciplinary measure more than one year and two months after he was indefinitely suspended.

The judicial watchdog revealed in a press statement yesterday (August 6) that Shareef was found guilty of ethical misconduct following an investigation of a complaint filed by seven of his colleagues on the High Court bench.

The JSC did not divulge any details regarding the allegations.

However, in June 2012, the Anti-Corruption Commission was asked to investigate allegations that Chief Judge Shareef met officials of Malaysian mobile security firm Nexbis in Bangkok, Thailand while a case concerning the firm’s controversial border control project was scheduled at the High Court.

Hulhumalé magistrate court

Shareef was suspended on May 29, 2013 while he was presiding over a case filed by former President Mohamed Nasheed contesting the legitimacy of the JSC’s appointment of a three-judge panel at the Hulhumalé magistrate court.

The judges were appointed to preside over the opposition Maldivian Democratic Party presidential candidate’s trial concerning the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

In April 2013, the High Court had suspended the trial pending a ruling on the legitimacy of the magistrate court bench.

However, the High Court case has remained stalled since Shareef’s suspension the following month – more than a year after the complaint was filed against him.

JSC Chair and Supreme Court Justice Adam Mohamed Abdulla insisted at the time that the suspension was not related to the ongoing High Court case concerning Nasheed’s trial.

The suspension came shortly after the cancellation of a hearing in the Nasheed case which was scheduled at the High Court on the same day.

After voting against suspending Shareef, public representative on the JSC Shuaib Abdul Rahman told local media that the decision was made in violation of due process and JSC procedures as a report regarding the allegations was not presented to the commission’s members.

Shareef then challenged the JSC decision at the Civil Court contending that the suspension was unlawful. The court subsequently upheld the JSC decision in October 2013.

Stalled

In addition to Nasheed’s case, a number of high-profile cases over which Shareef was presiding have remained stalled since his suspension, including an appeal by Fathmath Hana, 18, who was sentenced to death for the murder of prominent lawyer Ahmed Najeeb.

Shareef was also among the panel of judges hearing appeals from the Prosecutor General’s (PG) Office over the acquittals of President Abdulla Yameen’s brother Abdulla Algeen on corruption charges and suspected drug kingpin Mohamed Hussain Manik.

According to the Judicature Act, the chief judge of a court has the administrative authority to appoint judges to preside over cases and make changes to panels. The Supreme Court had also ruled that acting chief judges do not have the authority to make such changes.

In June, the JSC appointed Judge Abdulla Hameed to head the High Court for a period of six months.

Meanwhile, in April, Nasheed asked the High Court to expedite the case concerning the legitimacy of the magistrate court bench.

Nasheed’s lawyer Hassan Latheef told Minivan News at the time that the former president did not wish to have pending criminal charges. Nasheed had previously said he was  “prepared” to justify the reasons for the arrest of Judge Abdulla and defend the decision at court.

In June, the High Court summoned members of Nasheed’s legal team to sign statements given at previous hearings.

Two of the three judges appointed to the magistrate court to preside over Nasheed’s trial have meanwhile been transferred to other courts. Judge Shujau Usman was transferred to the Criminal Court and Judge Hussain Mazeed to the Civil Court.

Meanwhile, according to the JSC’s annual report for 2013, the commission has yet to conclude investigations or make a decision regarding 106 cases, which were pending at the end of last year, including one complaint dating back to 2008 and four complaints from 2009.

In a comprehensive report on the Maldivian judiciary released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, observed that a lack of transparency concerning the JSC’s proceedings “nourishes serious allegations of selectivity in the management of complaints.”

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Maldivians to take Gaza fundraising efforts to new heights

Maldivian efforts to assist the people of Palestine will culminate in an unprecedented 33 hour telethon aired across multiple participating broadcasters.

Numerous media organisation have initiated a telethon titled ‘I will also help’ to raise funds for victims of the ongoing Israeli attacks on Gaza. It will air from 2:30pm on Friday (August 8).

The organisers will also assist in arranging a joining of hands across the capital Malé at 5pm on Saturday, while the fundraising – with over US$350,000 already in the Help Gaza Fund – is set to grow as both state and private companies urge staff to donate wages to the fund.

All TV channels and radio stations taking part in the telethon will air the same live program with content – produced by a joint content committee – on the current situation in Gaza to be broadcast through out the programme.

Live updates of donations and details of fundraising and solidarity events organised by councils and NGOs across the country will also feature.

Solidarity

This week Maldives Customs Service and Maldives Ports Limited jointly opened a joint fund where employees of both institutions agreed to donate one day’s basic salary. Faafu Atoll Hospital has also decided to join this campaign.

In addition to one day salaries of their employees, newspaper Haveeru has decided to donate the total revenue generated in advertisement on their online and print news this Thursday (August 7). The paper hopes that this will allow people to donate by placing advertisements on the paper as well.

The state owned State Trading Organization (STO) has announced it will donate a percentage of its two major shops’ sales on on August 8 and 9, five percent from STO Home Improvement, and two percent from STO Super Mart.

STO is also coordinating with the media telethon group for the joining of hands event during which people will stand holding hands across Boduthakurufaanu Magu in Malé starting from the tsunami monument.

Ahmed ‘Hiriga’ Zahir, an organiser and President of the Maldives Journalism Association, requested everyone dresses in black for the event to show that “we are taking part in their sorrow”.

“Remember how we felt when the tsunami hit the Maldives and how we requested foreign aid? Now our brothers and sisters in a situation where they need our help. I request everyone to donate to the best of their ability for this cause,” he said.

The telethon group is also selling fifteen ‘Help Gaza’ t-shirts for MVR100,000 each. Two have already been booked – one by the STO for President Abdulla Yameen and another by Kooddoo Fisheries Maldives Limited for the first lady.4

Joining of funds

After the Adhaalath Party endorsed the telethon, both parties have agreed to join their funds, with the party’s Help Gaza Fund being pooled with the telethon collection from Friday.

The Help Gaza Fund has received over MVR5.48million (US$355,600), the party said today. Collection of funds is on halt for now and will begin again with the the telethon on Friday, explained an Adhaalath spokesperson.

The donations from the joint fund will be handed over to the Qatar Red Crescent Society (QRCS) – chosen because they have worked with Adhaalath in previous fund raising events such as the 2010 Pakistan Relief Fund to help flood victims and the 2009 Gaza Fund.

QRCS has assured that these fund will reach the people of Gaza in the form of food and medicine through their relief efforts in area.

Meanwhile, the Maldivian Red Crescent (MRC) are also raising funds in response to an emergency appeal for US$14.7 million by the Palestine Red Crescent Society on July 14. The MRC Palestine Relief Fund was established on July 20 will continue collecting until August 15.

Funds will be raised through MRC Emergency Relief Fund bank accounts, donation boxes and door-to-door collection across the country.

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Death threats lead to self-censorship, says Reporters Without Borders

Reporters Without Borders (RSF) has called on the Maldives to guarantee the safety of journalists after 15 journalists received threatening text messages regarding coverage of gangs in Malé.

“Death threats lead to self–censorship,” said Benjamin Ismail, head of RSF’s Asia- Pacific Desk.

“The authorities have a duty to guarantee the safety of journalists. This includes arresting those responsible for these threats. The authorities must end the culture of intimidation and impunity by ceasing to turn a blind eye to abuses by the rival gangs.”

Journalists with Haveeru, Raajje TV, Maldives Broadcasting Corporation (MBC), Villa TV (VTV), Sun Online, and Vaguthu received an anonymous text on Wednesday saying, “[We] will kill you if you keep writing inappropriate articles about gangs in the media.”

The threats came in the wake of extensive coverage of a spate of violence in Malé which saw one dead and nine hospitalised with serious injuries.

The press freedom advocacy group cited a Maldives Broadcasting Commission report published in May, in which journalists said political parties were the main source of threats against journalists, followed by gangs and religious extremists.

“The threats encourage self–censorship, with 30 percent of journalists saying they are afraid of covering gang activity and 43 percent saying they do not report threats to the authorities,” the RSF said.

The organisation noted that although death threats are frequent in the Maldives, they are rarely carried out. However, the near fatal- beating of Raajje TV journalist Ibrahim ‘Asward’ Waheed sets a “disturbing precedent.”

“As Malé is a small town, journalists have nowhere to hide when they are threatened,” noted RSF.

Speaking to Minivan News today, Asward condemned his 18 month long wait for justice. After a second witness failed to identify suspects with absolute certainty at the Criminal Court today, Asward said delays affect memory and allow attackers to tamper with evidence.

“Each day of delay is one more day without justice,” he said.

He called on the courts to expedite the trial and said he had no confidence the courts may deliver justice.

“It’s quite possible that the case will conclude saying that I beat myself up,” he said.

The Maldives Police Services have said the near fatal attack was not politically motivated, but connected to gang activity. Asward has denied this claim.

Gangs often seek media coverage of their actions, but turn against the media when the coverage is not to their liking or when media covers activities of rival gangs, note RSF today.

Gangs enjoy “complete impunity,” as politicians use them to threaten and pressure journalists or people they regard as opponents the organisation said.

The organisation also noted slow progress on prosecuting those responsible for the attack on Asward and the arson attack which destroyed Raajje TV office in October.

“Although the authorities have promised to defend media freedom, they have made little progress.”

Maldives is ranked 108th out of 180 countries in the 2014 Reporters Without Borders World Press Freedom Index.

Six opposition parliamentarians have also reported receiving death threats on Sunday.

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Journalist Asward condemns 18 month wait for justice after near-fatal attack

Raajje TV Journalist Ibrahim ‘Asward’ Waheed has condemned delays in prosecuting two men suspected of critically injuring him in a near-fatal attack in February 2013.

The Prosecutor General’s Office in May 2013 pressed charges against Ahmed Vishan, 22 years, and Hassan Raihan, 19 years, for assault under Article 128 of the Penal Code.

If found guilty, the two face a jail term or banishment between six months and five years, or a fine between MVR100 and MVR5000.

“Each day of delay is one more day without justice,” Asward told Minivan News today.

The Criminal Court held a hearing this morning in which a second anonymous witness said the suspects “looked very similar” to the two men they had seen fleeing the crime scene. However, the witness repeatedly said they could not be absolutely certain if the suspects were indeed the attackers.

Asward has blamed the witnesses uncertainty on the long trial process.

“Delays affect memory, making it difficult for witnesses to identify suspects. It also allows the attackers to tamper with evidence,” he said.

“It’s quite possible that the case will conclude saying that I beat myself up. It’s been 18 months since the attack. The courts must speed up the process,” he continued.

Noting the two suspects have been kept in pretrial detention since March 2013, Asward said delays in justice also violate rights of the two suspects.

The broadcast journalist also said the Prosecutor General’s Office and the Criminal Court have repeatedly failed to inform him of dates for court hearings.

“I found out today because our court reporter saw the case on the court schedule. This failure to inform me shows they are not particularly interested in completing the case,” he said.

The witness told the Criminal Court today they saw a man holding an iron bar getting on the back of an Air Blade motorcycle on the night of the attack. The witness said they did not see the actual attack.

On December 16, the first witness had also said told the Criminal Court they are unsure of the identities of the attackers, but also said the two suspects look very similar.

The anonymous witness said they saw a man with a three-foot long iron bar knock Asward down to the ground with a blow to the face. Afterwards the attacker hit Asward a few more times while he was on the ground.

The witness said Vishan “looked very similar” to the man who had attacked Asward.

Only the man on the back of the motorbike attacked Asward, the witness said.

The Maldives Police Services have said the attack appears to be premeditated, and former Commissioner of Police Abdulla Riyaz at the time described the attack as a murder attempt.

Head of Serious and Organised Crime Department Mohamed Daud revealed that both suspects had criminal records and belonged to “groups” or gangs in the capital.

Daud claimed at the time that the attack was not thought to be politically motivated.

The attack left Asward unconscious, and he was transferred to a hospital in Sri Lanka for treatment, where he had to undergo major surgery to correct a maxillary fracture (broken jawbone). The beating has also affected Asward’s eyesight.

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Police to dismantle huts in Malé to curb gang violence

The Maldives Police Service (MPS) has decided to dismantle huts in public spaces in Malé used exclusively by gangs in the capital.

Police said that huts and other sheltered areas in Malé used as makeshift dens by gangs “facilitate the assaults happening in Malé as well as the drug trade”.

Police have decided to clear out the huts and “bring an end to the areas being used to plan criminal offences,” it was revealed in a statement, which also noted that violent assaults in the past week have occurred in such areas used exclusively by gangs that were off-limits to the public.

Earlier this week, police launched “special efforts” to curb gang violence following a spate of violent assaults since July 28 that left an 18-year-old stabbing victim dead.

As part of the efforts, police have been confiscating weapons and drugs from parks and other open spaces in the capital, Chief Inspector Ismail Naveen told the press on Sunday (August 3).

Areas where weapons have been found included the Henveiru Park – the scene of three violent assaults last week – as well as the park on Alikilegefaanu Magu and the open space near the State Trading Organisation’s head office in Maafanu.

According to police media, discussions initiated by police took place today with the Malé City Council, the Ministry of Housing and Infrastructure, and the Ministry of Youth and Sports.

Both ministries and the city council assured cooperation with police efforts to clear out the huts and open the public spaces for sports and use by the general public.

The authorities informed police that the huts were not built with permission, police noted, adding that some areas were being used for business enterprises.

Moreover, police have found that sports facilities have been set up in areas which were being leased or used exclusively by certain groups.

The ministries and city council agreed that public spaces should be open for use by “any youth and people of all ages,” police said.

In May, police dismantled similar huts and hangouts in the suburb Vilimalé following reports of criminal activity, including drug use and gang violence.

Malé City Councillor Shamau Shareef told Minivan News at the time that the council had asked police to clear out “all such hangouts around Malé instead of just that one place in Villimalé.”

The move drew criticism from Villimalé MP Ahmed Nihan – parliamentary group leader of the ruling Progressive Party of Maldives – who told Minivan News that destroying the huts without providing alternatives would only create more social problems.

The Malé City Council meanwhile passed a resolution on Tuesday (August 5) calling on law enforcement authorities to redouble efforts to combat gang violence in the capital, which has created an atmosphere of “fear and panic”.

Speaking at press conference yesterday, Mayor Mohamed Shihab stressed the need for long-term measures to ensure security in the capital, noting that unemployment and lack of entertainment and sports facilities for youth were factors that contributed to gang activities.

“One of the biggest problems faced by citizens of Malé is the lack of housing,” he said, adding that youth often lacked space in their homes to “hang out with friends.”

Meanwhile, speaking at a scholarship awarding ceremony of the Trans-Maldivian Airways’ youth pilot training programme last night, President Abdulla Yameen said it was “about time that youth come to their senses with what they are doing.”

“Maldives is not a country that is infested with stabbing, Maldives is not a country that is infested with these kinds of juvenile delinquencies or crime. These are isolated incidents,” he said.

“Whatever foreign media writes about Maldives, what can clearly be said about Maldives today is that after all the political difficulties we have had in the past, and thanks to some of the foreign interventions in these – that certainly did not make our lives easier –  but that is a story of the past.”

“Today we have a strong government, we have the support of the public and we also have a strong support in the parliament.”

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GMR failed to conduct political risk assessment prior to investing, says President Yameen

President Abdulla Yameen has warned foreign companies of the importance of political risk assessment before investing in countries such as the Maldives.

“At a time when you had a very heightened political environment in Maldives, at a time when the parliament was polarised, it was a pity that political risk assessment was not undertaken by GMR,” said the president.

Yameen’s comments came during the scholarship awards ceremony of Trans Maldivian Airways’ (TMA) youth pilot training programme – a company he cited as an example of successful foreign investment after its takeover by the Blackstone Group last year.

“Whenever we hear about GMR, the issue that comes right to the limelight is their inability to assess political risk at the time.”

GMR’s landmark airport development deal – signed during the prematurely ended term of President Mohamed Nasheed – was itself abruptly ended by the succeeding administration in December 2012.

The concession agreement to develop Ibrahim Nasir International Airport was signed in June 2010, the same month in which Nasheed’s entire cabinet resigned in protest against what it considered to be the obstructionist policies of then-opposition parties.

Legal action initiated by the deal’s opponents eventually invalidated the deal’s funding arrangements, leading the government of Dr Mohamed Waheed to justify the annulment using the legal principle of ‘frustration’ – in which unforeseen events render contractual obligations impossible.

In June this year, a Singapore court of arbitration ruled the deal had been  “valid and binding”, finding the Government of Maldives liable for damages still to be determined by the court.

The Maldivian Democratic Party had subsequently called for the reinstatement of the GMR deal, threatening to dissolve any future deals to redevelop the country’s major international airport.

Foreign diversification

During yesterday’s ceremony, President Yameen continued to appeal to foreign investors, expressing the country’s desire to diversify from the dominant tourism industry.

“We are not just about the sun, the sand, the sea – Maldives is more subtle. That is the message we are trying to give to the world now,” he told those in attendance at Traders Hotel.

The government’s drive for new investment has focused upon five ‘mega-projects’ as well as an improved climate for new investors, facilitated by controversial plans to establish special economic zones via legislation recently introduced to the People’s Majlis.

Tracing the journey of foreign investment in the Maldives alongside his own public career, Yameen noted that foreign investments were seen as “punitive” in the mid 1980s, with local laws designed to prevent them.

“My task was to encourage political leaders and the president that foreign investment was not such a bad thing. It is only through foreign investment that small countries such as Maldives could forge ahead.”

Yameen – who spent two decades with the Ministry of Trade and Industries – went on to describe frequently “lonely” and “solitary” overseas discussions on potential investment in the Maldives.

Indeed, the president described the difficulty he had in persuading Blackstone’s risk management personnel to invest in the country. The deal saw the US private equity firm gain a monopoly in the vital seaplane sector as rival firm Maldivian Air Taxi was bought simultaneously.

Congratulating those awarded the TMA training scholarships yesterday, Yameen pointed to the country’s “motivated”, “highly intelligent” and “easily trainable” youth as a key resource, urging the seaplane operator to increase the number of Maldivian staff members.

He also expressed his gratitude to the company for providing assistance in his “endeavour which is to bring prosperity throught the avenue of finding ways for the youth”.

The government recently revealed that a number of companies had expressed interest in the government’s Hulhumalé youth city project – which will reportedly include youth-specific housing, international class sports facilities, a theme park, and a yacht marina, catering to a population of 50,000.

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Five police brutality cases from February 2012 ongoing at court, AG tells Majlis

Five cases involving four police officers accused of committing acts of brutality in February 2012 are ongoing at the Criminal Court, Attorney General Mohamed Anil informed parliament today.

At minister’s question time, opposition Maldivian Democratic Party (MDP) MP Eva Abdulla asked how far investigations into police brutality – as recommended by the 2012 Commission of National Inquiry’s (CoNI) – had progressed.

“With respect to the administration of justice, in particular concerning allegations of police brutality and acts of intimidation, there is an urgent need for investigations to proceed and to be brought to public knowledge with perpetrators held to account and appropriately sanctioned,” read the second recommendation of the report.

While it concluded that the transfer of presidential power was constitutional, CoNI had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board investigated the cases and sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

Four of the accused officers were nonetheless removed from “front line” duty and transferred to different departments, noted the attorney general.

The PIC had also submitted cases involving six police officers to the Prosecutor General’s (PG) Office to press assault charges, he continued.

Of the cases filed at the Criminal Court by the PG’s Office, Anil said one case had been concluded and has since been appealed at the High Court.

Moreover, he added, cases involving three other officers were sent back to the PIC due to incomplete information with instructions for resubmission.

The PG’s Office also decided not to prosecute three police officers accused of obeying “unlawful orders,” Anil noted.

Of the 45 cases investigated by the PIC, the attorney general explained that the commission decided there was no evidence concerning 14 complaints, while there was insufficient evidence to identify the officers responsible for 11 acts of brutality.

The remaining cases involved procedural violations, he added, concerning which the PIC recommended strengthening institutional mechanisms.

Following the recommendation to the home ministry, Anil said efforts were undertaken to familiarise police officers with laws and regulations as well as to strengthen ethical training, while further courses were formulated and conducted.

Police brutality

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

The HRCM recommended investigations by the PIC into the “disproportionate” use of force that left dozens of demonstrators injured and hospitalised.

In May 2013, the PG’s Office pressed charges against two police officers accused of assaulting MDP MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi during the violent crackdown.

Amnesty International meanwhile warned that failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity”.

In June 2013, former PIC member Hala Hameed told parliament’s government oversight committee that the cases involving the six police officers were “not disciplinary issues, but crimes,” expressing concern with the home minister’s refusal to suspend the officers.

Moreover, former PIC Chair Shahinda Ismail told Minivan News in September 2012 that a staff sergeant caught on tape kicking a fallen demonstrator “was promoted after this incident.”

In February this year, Shahinda told Minivan News that detainees arrested in Addu City on February 9 were “forced to walk on smoldering coals”.

According to the HRCM report, 32 people filed complaints concerning varying degrees of injuries sustained in the crackdown, while 20 people submitted medical documents of their treatment of injuries.

Two fingers on the left hand of one demonstrator were crushed, the report noted.

Al Jazeera filmed parts of the crackdown, reporting that “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds”. The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

In a report in May 2013, the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul warned that there could be more instability and unrest unless serious human rights violations of Maldives’ authoritarian past are addressed.

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British High Commission to run Visa Application Centre in Malé this month

The British High Commission in Colombo is today accepting online bookings for the second Visa Application Centre to be held in Malé on August 27.

The optional one-day service which, for an additional fee, allows applicants who are resident in the Maldives to submit their UK visa application and biometric data using a mobile facility in the Maldives’ capital.

“This initiative will make it easier for Maldivians to submit their visa applications and biometric data for all visa categories, including students at this busy time of year,” said British High Commissioner to Sri Lanka and Maldives John Rankin.

“I hope that many Maldivians will make good use of this opportunity and apply online to meet the deadline.”

Applicants for all visa categories can book an appointment between now and  midday on August 25. The application centre is unable to process cash payments and visa fees must be paid online prior to the appointment.

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Fisheries ministry denies auditor general’s allegations of missing documents

The Ministry of Fisheries and Agriculture has denied allegations made by Auditor General Niyaz Ibrahim in a letter to parliament’s public accounts committee.

Niyaz had informed the oversight committee that his office has been unable to complete the audit of the ministry for 2009 due to missing documents.

At a press conference today, Permanent Secretary Abdulla Naseer said all documents requested by the audit office were provided following a request on August 29, 2013. He added, however, that the ministry was unable to find six payment vouchers.

In addition, employees did not submit travel reports for 10 overseas trips in 2009, Naseer continued, which were among the documents the auditor general claimed were missing.

Meanwhile, in his letter, Niyaz told MPs that the audit office has decided to conduct a compliance audit of the ministry for 2009 in lieu of a full financial audit.

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