Day: November 25, 2014

PG submits Thinadhoo terrorism cases for the second time

Prosecutor General Muhthaz Muhsin has submitted terrorism charges against 89 individuals from Gaaf Dhaal Thinadhoo Island for the second time.

Criminal Court Chief Judge Abdulla first threw out the Thinadhoo cases on Saturday (November 22) after state prosecutors failed to attend a hearing scheduled for 10am.

Mushin resubmitted the cases yesterday, but the Judge Abdulla refused to accept the cases claiming he was uncertain if state prosecutors would cooperate with the trial.

The PG office submitted a letter assuring Judge Abdulla of their cooperation, and has appealed his decision to reject the case at the High Court.

The 89 are accused of setting fire to government buildings on Thinadhoo following former President Mohamed Nasheed’s ouster in February 2012.

Judge Abdulla had last week ordered 55 of the 89 defendants be held in detention pending the outcome of the trials, claiming the accused were intimidating witnesses. All have since been released.

Nasheed has called on Muhsin to respect the judge’s decision stating: “Abdulla Mohamed has decided the case is invalid. When the prosecutor general submits the same cases to his desk again saying he has the power and authority of the state, that is an affront to the rule of law and courts.”

The former president also said that the military’s detention of the judge during his tenure was “wrong”.

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MDP rejects MP Shareef’s proposal to reduce Supreme Court bench

Opposition Maldivian Democratic Party’s (MDP) national executive council has rejected an amendment proposed by MDP MP Ibrahim ‘Mavota’ Shareef to reduce the number of Supreme Court judges from the current seven to five.

Speaking to the press today, opposition leader and former President Mohamed Nasheed said the amendments would require reappointment of the Supreme Court bench, and said the ruling Progressive Party of the Maldives’ (PPM) majority in the parliament and their refusal to consider the opposition’s concerns would result in a bench biased towards the PPM.

“The current issues within the judicial system does not amount to the number of judges at the Supreme Court. There are bigger issues that require immediate resolution,” he said.

In a speech last night, Nasheed described the amendments as an attempt by the PPM to fit the Supreme Court bench into President Abdulla Yameen’s fist.

The amendments came in response to the Supreme Court’s decision to accept a complaint over “an unconstitutional decision” to reappoint the auditor general, he claimed. The Supreme Court today rejected the complaint.

Shareef defected from the MDP to former President Maumoon Abdul Gayoom’s Dhivehi Rayyithunge Party (DRP) in 2008, but rejoined the MDP during the presidential elections of 2013. Gayoom left the DRP to form PPM in 2011.

Shareef said he believed a seven member Supreme Court to be too large for the Maldives. He has also proposed two three-member High Court benches be established in the North and South.

Meanwhile, MDP Parliamentary Group Leader Ibrahim ‘Ibu’ Mohamed Solih said Shareef had not consulted the party before he submitted amendments.

MDP Chairperson Ali Waheed said the party’s MPs are now obliged to proceed with the national council’s decision.

Meanwhile, local media reported that Hulhuhenveiru MP and Deputy Speaker ‘Reeko’ Moosa Manik had boycotted the council meeting following a heated argument. Speaking to Haveeru afterwards, Manik pledged to support Shareef, even he if he has to do so alone, and claimed MDP members had treated Shareef disrespectfully at today’s meeting.

The Supreme Court – established in 2008 – has been in the midst of numerous controversies in and out of the Court room.

Earlier this year, the Supreme Court used a ‘suo moto’ proceeding – allowing the Court to act as both the plaintiff and the judge – against the Elections Comission (EC)’s President Fuwad Thowfeek and Vice President Ahmed Fayaz.

They were charged with contempt of court and disobedience to order and sentenced to six months in jail as a result of testimony given in the People’s Majlis independent commission’s oversight committee.

More recently, the Court employed a similar ‘suo moto’ proceeding against the Human Rights Commission of the Maldives (HRCM) after it criticized the judiciary in its Universal Periodic Review (UPR) sent to the UN.

The Court charged HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary in the UPR while stating that the report – based on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knau – was ‘poorly researched’, ‘irresponsible’ and ‘dangerous.’

June this year also saw Judge Ali Hameed – a sitting Judge at the Supreme Court – being cleared of a sex tape scandal after three recordings surfaced allegedly showing Ali Hameed engaging in sexual acts with three different woman.

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Niyaz challenges auditor general reappointment clause at High Court

Former Auditor General (AG) Niyaz Ibrahim has requested the High Court to declare the People’s Majlis’ decision to reappoint the AG as unconstitutional.

President Abdulla Yameen yesterday approved Hassan Ziyath as the new AG hours after 59 MPs voted in his favor. The ruling Progressive Party of the Maldives (PPM) had pushed through a surprise amendment to the Audit Act on October 29 requiring the AG be reappointed within 30 days.

Speaking to Minivan News, Niyaz’s lawyer Ibrahim Riffath said Niyaz could not be dismissed half way through his seven year term through an amendment to the Audit Act.

“Article 215 of the Constitution clearly sets the AG’s term to seven years. Niyaz was appointed in May 2011. Further, Article 218 states the AG’s position only becomes vacant if the incumbent resigns or through a no confidence vote by the People’s Majlis,” he explained.

“The Majlis will have to amend the constitution to dismiss him by any other means.”

Niyaz has also requested that the High Court issue an injunction on the enforcement of the new amendment.

According to Riffath, the High Court is yet to make a decision on accepting the case as the matter had been lodged at the Supreme Court as a public interest litigation matter.

The Supreme Court this evening rejected the case. The High Court now has no legal barriers in examining the case, Riffath said.

“This is a very sensitive issue. I hope the High Court expedites a verdict. If the amendment is unconstitutional, as we believe it to be, then the legality of the current auditor general’s actions are questionable.”

Yameen’s appointment of Ziyath for the post has raised controversy as his brother, Abdulla Ziyath was recently implicated in a US$6million corruption scandal alongside tourism minister Ahmed Adeeb.

Niyaz had revealed the corrupt transactions in a special audit report a day after PPM MPs pushed through the Audit Act amendment.

The audit report accused Abdulla Ziyath, the Managing Director of state owned Maldives Marketing and Public Relations Corporation (MMPRC) of illegally pushing through loans worth US$6million from state funds to two private companies owned by Adeeb’s family members.

Adeeb has denied allegations, and accused Niyaz of colluding with MP and former Deputy Speaker of parliament Ahmed Nazim in releasing the audit report. Adeeb suggested Nazim had a personal vendetta against him following his refusal to support Nazim for the Majlis Speakership in May.

The Criminal Court on October 26 withheld Nazim’s passport on allegations of blackmail.

Hassan Ziyath yesterday received cross party support from ruling Progressive Party of the Maldives (PPM), its allies the Maldives Development Alliance (MDA) and Jumhooree Party, as well as the opposition Maldivian Democratic Party (MDP).

MDP MPs including ‘Reeko’ Moosa Manik, Ahmed Marzooq, ‘Rukuma’ Mohamed Abdul Kareem and Ibrahim ‘Mavota’ Shareef voted in favor despite the party previously claiming the amendment was unconstitutional.

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Two MNDF officers and a policeman arrested in Malé drug bust

The Maldives Police Services has arrested two officers of the Maldives National Defense Forces (MNDF) and a policeman in a drug bust this morning.

Speaking to the press today, Drug Enforcement Department’s (DED) Head Superintendent Ahmed Shifan said three individuals were arrested at Avista café in Malé on suspicion of drug trafficking.

Following the arrest, the police conducted a search of Sinamalé apartment 12-03, and found 18 bullets of suspected heroin and tools to pack narcotics. A fourth man was arrested at the apartment.

The police officer arrested in the case is 28 years of age while the two MNDF officers are 24 years of age and 28 years of age.

A further two men were arrested on charges of drug trafficking in Malé this week. They were caught on the stairway of Galholu Mithuru in Malé with 27 pieces of cellophane and 23 packets thought to contain illegal drugs.

There has been a spike in the number of police officers arrested in drug busts this year.

In March, the police arrested a police sergeant in a drug bust involving 24 kg of heroin. The MVR36 million haul is the largest from a police operation in the country’s history. Four Maldivians, three Bangladeshis and 11 Pakistanis were also taken into custody.

Police later revealed that the officer had used a local money transfer service to send money to an Iranian agent.

Local media reported in August that the officer was among three Maldivian suspects released from custody after the Prosecutor General’s Office decided there was insufficient evidence for prosecution.

On November 11, a police officer and eight others were arrested on suspicion of drug trafficking from Lhaviyani Atoll Hinnavaru Island.

According to the police, 16 bullet-sized rubber packets of “a substance suspected to be drugs,” 241 bullet-sized rubber packets of heroin, and 145 packets of hash oil were seized during an operation conducted by the DED in Hinnavaru.

A police officer and two others were also arrested in a drug bust in Addu City in October.

Speaking at a conference of police division and atoll commanders on October 22, Home Minister Umar Naseer said criminal gangs in the atolls were attempting to infiltrate the police by forging personal relationships with police officers stationed in their islands.

Gangs attempt to “penetrate” police stations in order to gather information to carry out criminal activities, he said.

Naseer said complaints have been received from various islands about offenders quickly learning of a crime being reported to the police.

Information was thus “leaking” from within the police, he added.

“So some people hesitate to share information with some police stations. This is very regrettable,” he said.

Commanders in the atolls should ensure that police officers do not fraternise with known criminals or suspected drug dealers, Naseer urged.

Naseer said he had received complaints from various islands about police officers spending time with suspected drug dealers when they were off-duty.

Commanders should be aware of who their subordinate officers “go to coffees or picnics with,” he advised, which should be controlled to ensure the “credibility of the police force on that island or atoll.”

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Foreign terrorist organisations planning to topple government, claims Nasheed

Foreign terrorist organisations are planning to overthrow President Abdulla Yameen’s government with help from elements of the police and military, former President Mohamed Nasheed has claimed.

“The government of our country is on the edge of being toppled. Foreign terrorist organisations and domestic institutions are carrying out this work swiftly together,” Nasheed said at a gathering of the opposition Maldivian Democratic Party (MDP) last night near the Hulhumalé ferry terminal in Malé.

The opposition leader accused President Yameen of attempting to conceal the alleged efforts from the public, which Nasheed said would not benefit either Yameen or the Maldives.

The MDP would remain vigilant and watch developments closely, he said, adding that the party did not want any harm to befall the nation.

In late September, Commissioner of Police Hussain Waheed dismissed allegations of links between Maldivian security services and foreign terrorist organisation as false and intended to bring disrepute to the police and military.

Waheed said such claims were harmful to national interest, adversely affects the economy, and could incite unrest and strife among the public.

Allegations that damage national interest and threaten national security would be investigated, Waheed warned, and “necessary action would be taken.”

Waheed’s remarks followed Nasheed claiming in an interview with the UK’s Independent newspaper that the vast majority of Maldivians fighting in Syria and Iraq were ex-military.

Following the opposition Maldivian Democratic Party’s claim in May that extremist ideologies were prevalent in the security services, the defence ministry dismissed the allegations as both “baseless and untrue” and intended to “discredit and disparage” the military.

The Maldives Police Service (MPS) meanwhile issued a press release on September 18 condemning Nasheed’s allegations in the Independent.

While police estimated that about 24 persons with links to militant jihadist organisations might be active in the Maldives, MPS insisted that none of them were police officers.

“And the police leadership has always been working to ensure that such people are not formed within the police,” the statement read.

Police urged all parties to refrain from making false statements “to gain the public’s support, achieve political purposes, or win approval from foreign nations”.

Police and gangs

Nasheed meanwhile went on to say that the unexplained disappearance of Minivan News journalist Ahmed Rilwan109 days ago symbolises the extent to which security and personal safety have been lost.

The police had solved only 53 of the 465 cases filed this year, Nasheed claimed.

The reason police are unable to properly investigate the cases was due to the involvement of police officers in most of the cases, he alleged.

Elements of the police and military were tied to criminal gangs in Malé, he continued, which were in turn connected to foreign terrorist organisations.

“We see all the dark activities happening in the Maldives going on through this connection,” he said.

Nasheed had previously suggested that radicalised gangs were behind the recent “atrocities” in the capital, noting that extremist religious indoctrination of youth was a relatively recent phenomenon in the Maldives.

He further claimed that many young men from criminal gangs were seen in a protest march held in Malé on September 5 with participants bearing the militant organisation Islamic State (IS) flag and calling for the implementation of Islamic Sharia.

Of the approximately 150 participants, Nasheed had said most were “active in gangs.”

Referring to a bomb threat made to a Flyme passenger flight this week, Nasheed noted last night that the incident occurred a year after a Flyme flight departing to Gaaf Dhaal Atoll Kaadehdhoo was delayed after a group threatened to hijack the plane.

“But police did not investigate the case,” he said, adding that the threats should be taken seriously.

“Our Maldives is under a dark cloud. Our Maldives is on the edge of a dangerous pit,” he said.

The MDP was forced to take to the streets once more because of President Yameen’s “carelessness and arrogance” in response to Rilwan’s disappearance, Nasheed said.

The party would not back down in efforts to hold the government accountable and push for good governance, he added.

Nasheed also claimed that an internal opinion poll conducted by the government revealed that its support among the public was below 25 percent.

The MDP’s victories in recent by-elections has shown that a majority was behind the opposition party, he contended.

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