Day: September 1, 2014

High Court ceases hearing appeals challenging procedural rulings

The High Court has ceased accepting appeals challenging procedural decisions made by lower courts following a circular issued by the Supreme Court on August 24.

The Supreme Court stated in the circular (Dhivehi) that the constitutional right to appeal verdicts or judgments delivered in civil or criminal cases did not extend to rulings on procedural points raised during trials.

The apex court stated that procedural rulings could only be contested by appealing the final judgement.

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Missing journalist’s mother calls on families of violent crime victims to unite for justice

Missing Minivan News journalist Ahmed Rilwan Abdulla’s mother has urged all families of victims of violent crime to work together to ensure justice.

In an emotional letter today, Aminath Easa, 67, appealed to mothers of victims to hold the Maldives ailing justice system and law enforcement agencies accountable.

A meeting of families has been called for Wednesday September 3, at 9pm in Malé City Hall.

“The Maldives first saw knife attacks, then murders. My son’s disappearance signals the start of a culture of disappearing people. Your child has been a victim of knife attacks and murder attempts. Have you received justice? Let us, mothers, today stand together for justice,” she said.

“Today my son has disappeared. I do not know whose child will disappear next. It is the Maldives Police Services tasked with protecting our children and us. It is the courts tasked with ensuring justice for us in times of injustice. However, we have to work together to expedite their services and hold them accountable. My humble appeal to you mothers is to join me in this task, for your rights and the rights of your children.”

Today marks the 24th day since Rilwan’s disappearance. Evidence gathered by Minivan News suggests Rilwan was abducted. Eyewitnesses said they saw a man being forced into a car at knifepoint infront of Rilwan’s apartment building on the night he disappeared.

The Maldives Police Services have revealed very little information on the case. The passports of four individuals have  reportedly been held over the case.

Minister of Defense and National Security Mohamed Nazim said on Saturday he was hopeful of Rilwan’s safe return.

“I want to inform you, the Maldives government is doing all necessary, and I have hope, God willing, that Ahmed Rilwan will be found,” he said.

Rilwan’s family and friends have meanwhile launched an extensive campaign to pressure government, including petitions, meeting state agencies, and raising public awareness on the issue.

Signatures are being gathered on a petition urging the People’s Majlis national security committee to pressure the police for a thorough investigation. The opposition Maldivian Democratic Party had lodged the case with the committee on August 18.

An Avaaz petition has also been launched today calling on the Maldives government to expedite the search to find Rilwan and to guarantee a safe environment for all journalists, human rights defenders and bloggers in the Maldives.

The Maldivian Democratic Party (MDP) have now asked the People’s Majlis to convene an emergency meeting of the security services or 241 committee. The party has also lodged the case with the government oversight committee.

On August 19, the MDP also sponsored an emergency motion calling on law enforcement agencies to step up efforts to find Rilwan. The motion was accepted with 51 votes in favor, but there has been no progress on the motion yet.

Full text of Aminath Easa’s letter:

From a mother to a mother,

I remember very well the day my son Ahmed Rilwan Abdulla was born. I can still hear his first cries. His first smile is ingrained in my heart. I can still see him start to crawl and start to walk before my eyes. I can still feel him holding tight onto my fingers as if it were yesterday. I still remember his first day of school. As a boy, he was never one to argue with me over any disputes. At the most, he would leave the house. When he returned, he would be quiet and would carry on as if nothing has happened.

My son, Rilwan, pays attention to religion. He prays, he fasts and he recites the Qur’an. He asks questions over religion and worldly affairs. He is a quiet and mild mannered young man. A brother who keeps up good relations with his family. A son who participates in his father’s work. An uncle who brings happiness to his nieces and nephews. He is my beloved son who is always ready to help me.

You mothers would share the same feelings I have for my son. I love my son Rilwan deeply, just as you do your children. No mother would wish for her child to disappear without a trace. In the past 24 days, all I have heard is that Rilwan may have been forced into a car in the early hours of the morning. That a knife was seen at the scene. That some parties were questioned. If it were your child who has been disappeared, would you not move heaven and earth to find him? Would you not go begging to all to find him? Would you not attempt to secure justice?

The Maldives first saw knife attacks, then murders. My son’s disappearance signals the start of a culture of disappearing people. Your child has been a victim of knife attacks and murder attempts. Have you received justice? Let us, mothers, today stand together for justice.

Today my son has disappeared. I do not know whose child will disappear next. It is the Maldives Police Services tasked with protecting our children and us. It is the courts tasked with ensuring justice for us in times of injustice. However, we have to work together to expedite their services and hold them accountable. My humble appeal to you mothers is to join me in this task, for your rights and the rights of your children.

The first meeting of the families of victims of disappearance, knife attacks and murder attempts will be held on September 3, Wednesday at 9:00 pm at the Malé City Hall. I request you to join me and participate in this undertaking.

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Government implements new escaped prisoner regulation

The government yesterday started implementing a new regulation on procedures regarding escaped inmates.

The regulation was made in compliance with Article 144 of the Prisons and Parole Act, 2013.

The regulation gives the authority to the director of prisons to declare that an inmate has escaped from detention, failed to return from temporary release, or taken flight while on medical release.

The new regulation obliges the most senior officer in-charge of the prison security to inform the director of prisons immediately if an inmate escapes or attempts to escape. The director must then inform the Commissioner of Prisons before submitting a detailed incident report within 24 hours.

Correctional services are subsequently obliged to inform police with a written document and to publish the escaped inmate’s picture on the media as well as informing the family of the escape.

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Kooddoo, Felivaru merged with MIFCO

The government-owned canneries Kooddoo Fisheries Complex and Felivaru Fisheries Complex have been brought back under the management of the Maldives Industrial Fisheries Company (MIFCO), reports local media.

The major business units or factories of MIFCO were separated from the company during the administration of former President Mohamed Nasheed and began operations as independent entities on June 1, 2010.

Privation Board Chairman Mohamed Nazeer told newspaper Haveeru yesterday that the separate entities would be dissolved and some of its board members have been appointed to a reconstituted MIFCO board of directors.

While former Felivaru Managing Director Hassan Rasheed has been appointed chairman of the board, former Kooddoo Managing Director Adhly Ismail has been appointed managing director at MIFCO.

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MDP condemns release of suspects in Alhan stabbing

The opposition Maldivian Democratic Party (MDP) has strongly condemned the release of two suspects arrested in connection with the stabbing of the party’s former MP Alhan Fahmy.

The Criminal Court yesterday ordered the release of the two suspects – Mohamed Sameeh of Shiny, Fuvahmulah, and Mohamed Naseem, of Ulfamanzil, Hithadhoo – who had been kept in pre-trial detention since their arrest on the night of February 1 shortly after Alhan was stabbed in the back at the Breakwater cafe’ in Malé.

The court freed the pair from custody reportedly due to delays by the Prosecutor General’s (PG) Office in formally filing charges.

Police told local media that one of the suspects was released following the court order. The second suspect was still in custody as he was serving a sentence in an unrelated case.

In a press statement released yesterday, the MDP noted that the court’s decision was evidently not based on lack of evidence as judges had been granting extension of remand detention since February.

The remand detention must have been approved because the court believed the suspects posed “a danger to society” based on preliminary evidence, the party contended.

The release of suspects in a near-fatal stabbing despite evidence showed that there was “no hope for attaining justice through the Maldivian criminal justice system,” the statement read.

The party also noted that numerous and persistent death threats to MDP MPs had not been properly investigated.

“And we note with concern that the relevant authorities have so far been unable to find Minivan News journalist Ahmed Rilwan, who is believed to have been abducted,” it added.

The party accused the government of negligence in ensuring public safety following multiple stabbing incidents and escalating gang violence.

“The party calls on all relevant state institutions to fully investigate the dangerous murder attempt on Alhan Fahmy and punish the perpetrators,” the press release stated.

Following the stabbing, eyewitnesses saw police catch and arrest one of the assailants. Alhan had received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

The former MP for Addu Feydhoo returned to the Maldives in early March, walking with a crutch following initial fears that the wounds may have caused permanent paralysis.

Speaking to Minivan News at the time, a family member alleged that the attack was politically motivated and well organised, claiming that Alhan’s car had been followed three days prior to the incident.

Last year, Secretary General of the IPU, Anders B. Johnsson wrote to former Speaker of the People’s Majlis Abdulla Shahid requesting an urgent visit to the Maldives to discuss steps to ensure MPs “can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity.”

Alhan’s name appeared on an IPU list of 21 Maldivian MPs being monitored by the group. The list included Progressive Party of Maldives MP Dr Afrasheem Ali who was murdered in October 2012.

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Immigration department discontinues quota for house maids

The department of immigration has temporarily ceased issuing quotas to employment agencies for bringing in expatriate house maids or domestic servants.

According to local media, the department would not be issuing employment approval for house maids from August 21 to November 30 as part of efforts to clamp down on illegal immigrants.

The move follows a freeze on issuing quotas for farmers, tailors and barbers earlier this month.

An immigration official told newspaper Haveeru that house maids were often thrown out by their employers.

“These immigrants survive by doing odd jobs and any other kind of work they can find. Most of these immigrants have come as housemaids. Identifying the vocation with other vocations that may facilitate human trafficking, we have decided to discontinue allowing quota for housemaids even. This move will restrict illegal immigration,” the official was quoted as saying.

He added that the restriction would encourage hiring Maldivians for vacancies.

The immigration department deported 6,400 undocumented workers between January and July this year.

A special operation to deport undocumented workers was announced on April 24, with Minister of Defence and National Security Mohamed Nazim – also in charge of the immigration department – promising “the whole Malé will be cleaned [of migrant workers]” within three weeks.

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Boat sinks with cargo at commercial harbour

A boat loading goods at the commercial harbour in Malé sank on Saturday (August 30), reports local media.

According to the Maldives Ports Limited (MPL), the accident occurred around 1:30am after it was loaded with wood and timber.

The boat reportedly became heavier than the floating point of a vessel of its size. No one was harmed in the incident.

The submerged vessel has since been pulled out with assistance from the Maldives National Defence Force (MNDF).

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ACC spent MVR3 million in excess of approved budget, reveals audit

The Anti-Corruption Commission (ACC) spent MVR3.5 million (US$226,978) in excess of the annual budget approved by parliament, the commission’s audit report for 2013 has revealed.

“The overspent amount was facilitated by a budget extension of MVR3,605,647 made to the commission by the Ministry of Finance and Treasury,” explained the report released last week.

“However, it was observed that the parliamentary approval for this budget extension was not obtained as per clause 32(e) of the Public Finance Act.”

The report noted that the ACC Act stipulates that the finance ministry should provide the commission’s budget in accordance with the annual budget passed by parliament.

As a result of “the significance of the matter”, the Auditor General’s Office concluded that the ACC’s expenditures in 2013 were not made “in all material respects, for the achievement of its objectives and for the purposes intended in the budget” and in line with public finance law.

“Extending the budget of the commission by the Ministry of Finance and Treasury without the approval of the parliament negates the objective of approving the budget of public institutions by the parliament as set out in enabling laws of the former,” the report stated.

“It also creates the risk of spending over and above the budget set for the public institutions that could consequently increase the budget deficit.”

In early August, Finance Minister Abdulla Jihad revealed that the government was facing “great difficulty in managing the budget deficit” due to shortfalls in anticipated revenue.

The ballooning budget deficit – which Jihad warned could reach MVR4 million (US$260,000) or 10.6 percent of GDP – could affect the government’s ability to pay civil servants, the finance minister had said.

A budget deficit of MVR1.3 million (US$84,306) had been projected in the record MVR17.96 billion budget approved by parliament for this year.

Meanwhile, auditors also found that the ACC renewed an office cleaning contract in violation of public finance regulations.

A contract with its previous cleaner was renewed on September 8, 2013 for a monthly fee of MVR7,420 (US$481).

“This contract was made without obtaining and evaluating estimates from competing vendors,” the report noted.

“According to the commission, seeking new estimates may have increased their cleaning costs.”

However, public finance regulations require estimates to be sought and evaluated from competing bidders for services costing between MVR25,000 (US$1,621) and MVR1.5 million (US$97,276).

“By not following the public finance regulation, the commission has no assurance that it is obtaining the best service at the lowest price.”

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Termination of misappropriated state funds investigation cost government MVR66 million

The termination of an agreement to investigate the alleged misappropriation of state funds by the regime of former President Maumoon Abdul Gayoom cost the government MVR66.17 million (US$4.2 million), a special audit report of the defunct presidential commission has revealed.

The report released last month explained that UK-based firm Grant Thornton dissolved the ‘asset tracing, recovery and repatriation’ agreement on April 30, 2012, after the Attorney General’s (AG) Office failed to respond to eight emails seeking instructions on how to proceed following the controversial transfer of presidential power on February 7, 2012.

The report noted that a settlement agreement was reached following a mediation process in March 2013 for the government to pay the forensic accountancy firm MVR64.61 million (US$4.1 million).

The government also paid MVR1.56 million (US$101,167) for legal counsel – to Eversheds LLP – employed for the arbitration process.

Following full payment of the settlement claim, the report revealed that Grant Thornton handed over all documents and information related to its investigation as well as minutes of meetings and expert findings on November 13, 2013.

The AG’s Office shared the documents with the Anti-Corruption Commission (ACC).

“As the agreement was brought to an end before Grant Thornton’s investigation was fully concluded and because the presidential commission’s investigations had noted a number of cases of suspected corruption and embezzlement when its work came to a halt, this office believes that the investigations should be completed,” the audit report stated.

The Auditor General’s Office recommended the ACC conclude the investigations commenced by Grant Thornton.

Oil trade

Former President Mohamed Nasheed formed the presidential commission in May 2009 to investigate alleged corruption during his predecessor’s 30-year reign.

The audit report noted that the commission’s investigations were mainly conducted through Grant Thornton, which included the alleged illegal oil trade involving the State Trading Organisation’s (STO) Singapore branch, the 2007 audit report of the Bank of Maldives, and asset tracing of senior government officials.

Nasheed’s vice-president, former President Dr Mohamed Waheed Hassan Manik, dissolved the presidential commission shortly after assuming office on February 7, 2012.

A week before the transfer of power, the presidential commission forwarded for prosecution a case against then-opposition MP Abdulla Yameen for his involvement in the alleged oil trade during his time as chairman of the STO.

The allegations first appeared in February 2011 in India’s The Week magazine, which described Yameen as “the kingpin” of a scheme to buy subsidised oil through STO’s branch in Singapore and sell it through a joint venture called ‘Mocom Trading’ to the Burmese military junta, at a black market premium price.

The article drew heavily on an investigation report by Grant Thornton, which obtained three hard drives containing financial information detailing transactions from 2002 to 2008.

Investigators learned that Mocom Trading was set up in February 2004 as a joint venture between STO Singapore and a Malaysian company called ‘Mocom Corporation Sdn Bhd’, with a potentially lucrative deal of selling oil to Myanmar and an authorised capital of US$1 million, it acted as a front for an international money laundering racket.

The presidential commission sought criminal charges against Yameen and two other shareholders of STO Singapore – former Managing Director of STO Mohamed Manik and former Managing Director of STO Singapore Ahmed Muneez – and asked the AG’s Office to pursue civil compensation suits.

Yameen has dismissed the allegations on several occasions and disputed the illegality of the oil trade.

“It’s perfectly legitimate. I was a perfectly clean minister while in Gayoom’s cabinet. They have nothing on me,” he told Minivan News in February 2011.

Moreover, grilled by parliament’s national security committee in November 2011, he denied any involvement in “micro-management” of STO subsidiary companies. Upon assuming office in November, President Yameen called on the ACC to investigate the allegations.

Presidential commission audit

The audit report noted that the commission tasked Grant Thornton with investigating the finances of 12 associates and relatives of former President Gayoom.

If the amount of funds or assets recovered by Grant Thornton reached £1.5 million after deducting investigating costs, the government agreed to pay 25 percent as a fee and 35 percent if the figure exceeded £1.5 million.

In July 2010, the agreement with Grant Thornton was transferred from the audit office to the AG’s Office, the report noted.

Under revised terms of the agreement, the government agreed to pay Grant Thornton 2.5 times the cost of investigation if the agreement was terminated. Additionally, consultancy fees and rates were also raised.

Auditors calculated that the government had to pay MVR20.3 million (US$1.3 million) as a result of the modification.

Among other issues highlighted in the report, the audit office noted that the commission’s expenses were not monitored either by the President’s Office or other state institutions.

Moreover, emailed invoices and bills from Grant Thornton were paid without supporting documents, the report noted.

From May 2009 t0 February 2012, auditors found that the commission spent MVR36.02 million (US$2.3 million) for its investigations.

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