Day: December 11, 2014

JSC recommends dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan

The Judicial Services Commission has today recommended Chief Justice Ahmed Faiz and Justice Musthasim Adnan be dismissed from the Supreme Court bench.

The decision comes within hours of  President Abdulla Yameen ratifying an amendment to reduce the seven-member Supreme Court to five judges.

According to local media, several members of the judicial watchdog body boycotted today’s extraordinary meeting, claiming the amendment was unconstitutional.

JSC Secretary General Abu Bakr refused to provide details of today’s meeting stating the commission had decided to keep proceedings confidential until the Majlis reaches a decision.

According to the revised Judicature Act, the JSC must deem two of the seven judges unsuitable for the position within three days and the parliament must vote out the judges with a two-thirds majority of members present and voting within seven days. Dismissed judges will be provided a generous compensation package.

Article 154 of the Constitution says a judge can only be removed if the JSC finds a judge guilty of gross incompetence or misconduct.

Dismissal of the judges appear likely as the ruling Progressive Party of the Maldives (PPM) and coalition partner Maldives Development Alliance (MDA) control 48 seats of the 85-member house.

The opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP), who opposed the amendment, only control 23 and 12 seats respectively.

The amendment was proposed by MDP MP Ibrahim ‘Mavota’ Shareef, but the MDP issued a three line whip against the proposal with opposition leader and former President Mohamed Nasheed saying it would allow President Yameen to stack the Supreme Court bench in his favor.

JP Leader Gasim Ibrahim on December 2 called the amendment unconstitutional and an “atrocity.” He said the amendment will allow the executive and Majlis to change the Supreme Court bench at their whim.

Faiz and Adnan have formed the dissenting opinions in several controversial cases, including the decision to annul the first round of presidential elections held in September 2013.

Since then, the Supreme Court has been involved in numerous controversies both 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).

EC president Fuwad Thowfeek and Vice President Ahmed Fayaz were subsequently charged with contempt of court and disobedience to order, being sentenced to six months in jail after the court used 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 criticised the judiciary in its Universal Periodic Review (UPR) for the UN Human Rights Council.

The court charged the HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary.  It said that the UPR submission– based on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul – was “poorly researched”, “irresponsible” and “dangerous”.

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

The revised Judicature Act also propose the establishment of two additional branches of the High Court in the northern and southern regions of the Maldives.

The two new branches can only adjudicate the rulings of the magistrate courts. The nine-member High Court is to be divided among the three branches with three judges in each branch.

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Government scales down water relief effort

President Abdulla Yameen’s administration has scaled down water relief efforts today by ending the distribution of bottled water to residents of capital Malé.

“We decided to stop the bottled water distribution because there is no shortage of drinking water at the moment. There is also enough water at corner shops for purchase,” Minister of Defense Colonel (retired) Mohamed Nazim said at a press conference last night.

The government had set up water distribution centers after a fire at Malé Water and Sewerage Company (MWSC) on December 4 gutted the sole desalination plant in Malé, leaving 130,000 people without drinking and running water.

The opposition Maldivian Democratic Party (MDP) condemned the government’s decision with party Chairperson Ali Waheed saying that the decision will lead to further hardship and claimed the Maldives is currently seeing its worst days since the 1970s.

A Bangladeshi navy ship, the BNS Samudra Joy, arrived in Malé today with 100 tonnes of bottled water and five reverse osmosis plants, the Foreign Ministry has said.

Meanwhile, custom built panels to replace the damaged panel boards connecting electricity generators and desalination plants at MWSC arrived in Malé from Singapore today.

MWSC has now started releasing water once in the morning and once at night. Water was available for four hours this morning and will be available from 7:30 pm – 12:00 am tonight.

The government has also decided to establish a 20,000 ton ‘strategic reserve’ of water to prevent another crisis, using funds gathered through the US$ 20 million ‘Malé water crisis management fund.’

Nazim, who also heads the water crisis task force, said that funds would mainly be used to recover costs which are not covered by insurance, the construction of the 20,000 ton water reserve and to cover the cost of relief operations. Individuals and corporations who contributed to the relief effort will all be reimbursed, he said.

The fund’s establishment has garnered criticism from the opposition and civil society groups, who have demanded transparency in the fund’s utilization.

In response, Nazim said the fund was set up with “very good intentions.”

“Information about the fund would be released in a very transparent manner. I urge the public to refrain from politicizing the fund.” he added.

Anti-corruption NGO Transparency Maldives has demanded a break down of the US$20 million and said “the decision to seek donations from the public raises questions given that MWSC is a private, profit-making corporation with 80 per cent government shares.”

Private donors have contributed US$5.5million to the fund so far.

Protests demanding free water continued in Malé last night, but were disrupted for the third time by a group of seven young men.

Minivan news observed six to seven young men who were hiding within the protesters jump on a truck and start vandalizing the generator powering the sound system. One attacker lifted up the generator and threw it on the ground.

Police immediately moved in and arrested the attackers. Minivan news saw little to no resistance from the attackers during the arrest.

Several eyewitnesses later told Minivan news that the attackers were praising President Yameen as they waited for a police vehicle to take them to the police head quarters.

“President Yameen is the best thing to have happened to the nation,” one of the attackers was reported as saying.

Another eyewitness told Minivan News that he heard one Special Operations (SO) police officer insulting Former President Mohamed Nasheed while stating those arrested would be released the next day.

A police media official confirmed to minivan news that seven men were arrested last night in relation to the attacks at the protest.

A similar incident occurred on the previous night when three young men attacked the protest armed with box cutters.

On Wednesday, Mirihi Island resort has donated a temporary desalination plant capable of producing 100 tonnes of water to the Indhira Gandhi Memorial Hospital.

The MNDF has also started distributing disposable cups, plates and cutlery to cafés in Malé.

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Failure to prosecute serious crimes tantamount to “state-sponsored terrorism,” says Nasheed

The government’s failure to investigate and prosecute serious crimes is tantamount to “deliberate state-sponsored terrorism,” contends former President Mohamed Nasheed.

In a statement issued yesterday on the occasion of International Human Rights Day (December 10), the opposition leader accused senior government officials and elements of the police of complicity in abductions, murder, arson attacks, and gang violence.

“I note that the government has not investigated such incidents that have occurred throughout the year and serious criminals are on the loose. The state has not pressed charges against them,” the statement read.

Nasheed argued that the government’s inaction has caused harm and undermined fundamental rights, calling on the public to “find courage from each other for justice and stand up against inhumane torture.”

The opposition Maldivian Democratic Party (MDP) was formed to change the old system of governance and bring an end to ill-treatment and torture inflicted on citizens by the state, the statement observed.

“Custodial abuse was stopped under the MDP’s first government. Maldivians began to find hope and courage,” it continued.

“[But] the flame of hope is again flickering out.”

At a rally held last month to celebrate the current administration’s first year in office, President Abdulla Yameen pledged to crack down on violent crime and implement the death penalty.

“We have peace and order in Malé and all regions of Maldives. We have peace. However, this is not to say that isolated and significant dangerous crimes do not occur,” he said.

Unresolved cases

Nasheed’s statement went on to list serious crimes that have occurred in 2014, stressing that the perpetrators have not been brought to justice in the majority of the cases, including the stabbing of former MDP MP Alhan Fahmy on February 2.

An expatriate lorry driver was stabbed and robbed of cash and a mobile phone on January 25, the statement continued, while two days later, three men were stabbed in separate incidents in the capital Malé.

On February 3, a minor was assaulted with a wooden plank near the Adi Park in the Henveiru ward of the capital and sustained head injuries.

While suspects were taken into custody in some of the cases, Nasheed noted that none of the arrests led to criminal prosecution.

On April 12, former Gender Minister Dr Amaal Ali was robbed at knifepoint at her residence.

“On April 4, 2014, a 79-year-old was stabbed in Gaaf Dhaalu Thinadhoo,” the statement continued. “On May 18, 2014, Mohamed Naeem, of Baa Hithaadhoo Thiraa, was stabbed and injured in an assault inside a guesthouse in Malé.”

On July 31, a 35-year-old man was stabbed to death on the island of Thulusdhoo in Kaafu atoll and the suspect voluntarily submitted to police.

Two days later, two young men were stabbed in Malé, resulting in the death of 18-year-old Mohamed Mazin while undergoing treatment for stab wounds.

In the previous week, four men and a woman were assaulted in separate incidents. While one man was mugged in the Maafanu ward, two men were stabbed in Hulhumalé, a woman was stabbed in the back in the Galolhu ward, and a fourth victim was stabbed in the Henveiru ward.

On August 23, two men and a minor were assaulted and stabbed by masked men on motorcycles in the Dhidhi Goalhi in front of Iskandhar School in Malé.

One of the victims, Ahmed Aseel, 19, later died as a result of injuries sustained in the assault.

Police intelligence suggests that the spate of violent assaults in Malé since the beginning of Eid Holidays were gang reprisals “caused by a disturbance between two groups,” Chief Inspector Abdulla Satheeh told the press at the time.

More recently, a man was injured in a violent assault on October 3, a group of girls were attacked with a chain in Raa Madduvari on October 9, and a young man was stabbed near the police tow yard in Malé on October 26.

During the past month, two men were stabbed in a café in Malé on November 2 and a young man was assaulted with an iron rod in the Galolhu ward of Malé on November 16.

Earlier in the day, an 18-year-old man was arrested after entering the Bilabong International High School with a machete during a gang fight.

On December 7, a 28-year-old man was stabbed to death in Malé near the People’s Majlis building.

Nasheed also referred to the suspected abduction of Minivan News journalist Ahmed Rilwan 125 days ago, accusing the government of both negligence in investigating the disappearance and covering up the abduction.

Moreover, in June, a vigilante mob abducted several young men in a push to identify online activists advocating secularism or professing atheism.

Nasheed noted that police did not investigate the incidents despite media reports.

“During the past year, press freedom and freedom of expression have declined. Intimidation of journalists and youth active on social media have become commonplace. The government has obstructed peaceful political activity,” the statement read.

In October, Amnesty International called on the government to “intensify efforts” to find those responsible for death threats, abductions, and violent attacks against journalists, politicians, and civil society activists.

Related to this story

Yameen pledges to end violent crime at ‘Successful 365 Days’ rally

MDP condemns insecurity as PPM celebrates peace and order

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HRCM commends government response to water crisis

The Human Rights Commission of Maldives (HRCM) commended the government’s response and relief efforts during the ongoing Malé water crisis in a statement issued yesterday on the occasion of International Human Rights Day.

The efforts of various government institutions – under the supervision of President Abdulla Yameen – to provide water to residents of the capital were “praiseworthy,” HRCM Chair Mariyam Azra said.

The HRCM noted that arrangements were made to prioritise persons with special needs, pregnant women, the elderly, and children.

The commission advised taking the human rights of disadvantaged persons into account when formulating government policies, structures, and plans.

Parliament should also ensure the protection of fundamental rights in approving legislation, the statement added, noting that rights could only be restricted or narrowed “only if demonstrably justified in a free and democratic society.”

Meanwhile, among the commission’s achievements during the past year were conducting a national inquiry into the rights of persons with disabilities and finalising plans to open a regional office in the south.

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