December 14, 2014 – Minivan News

Kerala minister to look into Indian teacher’s incarceration in Maldives

Chief Minister of Kerala state Oommen Chandy has pledged to provide all assistance necessary to secure the release of K.K. Jayachandran – an Indian teacher jailed in the Maldives.

Chandy gave the assurances to the Jayachandran’s family following the teacher’s wife’s petition to Minister for External Affairs Sushma Swaraj, reported the Hindu.

Jyothi Jayachandran sad that her husband had been falsely accused of abusing a student at his school on Feali Island, in Faafu Atoll, in April of this year.

“Subsequently, the complaint was withdrawn by the victim and his parents, but the police pursued the case by extending his custody, ” Jyothi was quoted as telling the Hindu last week.

“I have approached the Indian High Commission and Embassy office at the Maldives. So far, I have got no positive response from them,” she said.

Chandy subsequently said he would summon the consul attached to the Maldivian Consulate in Thiruvananthapuram on Monday as well as contacting the Indian High Commission in Malé.

Source: The Hindu

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Special needs patient still missing from Guraidhoo

The Ministry of Law and Gender says that a patient remains missing from the Specials Needs Home in Kaafu Guraidhoo.

After a 28-year-old patient went missing on Friday evening, search efforts now include security services, the island council and the coast guard, Deputy Minister Mohamed Zahid told media.

Guraidhoo Island Council member Ali Shameem said it was unlikely the man had gone through the main entrance, which is normally closed and watched. He speculated that the patient may have climbed one of the trees within the compound to get over the high fence.

The ministry announced earlier this year that the government had plans to turn the home into a mental health institute, with centre’s elderly and mentally ill residents provided with separate facilities.

Employees at the facility – which currently homes around 167 patients – have described the facility as under-resourced, with too few staff to provide proper care, and psychiatric patients not allowed the opportunity for rehabilitation.

“The people are suffering here,” one staff member told Minivan News last month, “the management is not good”.

Source: Haveeru

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Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

The People’s Majlis has today removed Chief Justice Ahmed Faiz and Justice Muthasim Adnan from the Supreme Court bench.

Of the 75 MPs who were present and voting at today’s extraordinary sitting, 53 MPs voted in favor, while 21 MPs voted against the move. One MP abstained.

The dismissal comes after the judicial watchdog, the Judicial Services Commission (JSC), found the judges guilty of gross misconduct and incompetence at an emergency meeting on Thursday.

The ruling has not been made available to MPs or to the public.

“Today marks the darkest day in the constitutional history of Maldives,” opposition leader and former President Mohamed Nasheed said prior to the vote, claiming President Abdulla Yameen was attempting to fashion the Supreme Court “into a coat to fit his shoulders.”

Six opposition Maldivian Democratic Party (MDP) MPs – Yamin Rasheed, Abdul Bari Abdulla, Ismail Naseer, Mohamed Nazim, Ahmed Marzooq, and Reeko Moosa Manik – did not attend today’s sitting despite a three-whip line ordering all 23 MPs to be present and vote against the judges’ dismissal. Nasheed has suggested the MPs were offered bribes for their absence.

Speaking to the press after the vote, MDP Chairperson Ali Waheed said he has asked the part’s disciplinary committee to take action against the six MPs for breaking the whip line.

The MDP will continue to grow, he said, adding: “This is another wave in Maldives democracy. We will ride it out.”

Four Jumhooree Party (JP) MPs also voted against the dismissal. They include JP Leader and tourism tycoon Gasim Ibrahim, Ali Hussein, Abdulla Riyaz, and Hussein Mohamed.

Ruling Progressive Party of the Maldives (PPM) MP Mohamed Nasheed abstained from the vote.

The new chief justice will be appointed at a second extraordinary sitting tonight. President Yameen’s nominee is most likely to be incumbent judge and Chief Justice of the interim Supreme Court Abdulla Saeed.

MPs attacked, threatened

During today’s sitting, several MDP and JP MPs condemned the Majlis secretariat’s failure to provide details of the JSC report, stating they have not been provided with a reason for Faiz and Muthasim’s dismissal.

Addressing Majlis Speaker Abdulla Maseeh, MDP MP Imthiyaz Fahmy said: “These days under your Speakership will be written down in history as the most undemocratic and violent in the Maldives.”

He also described every day under President Yameen as a threat to the Maldives constitution.

Fahmy and JP MP Abdulla Riyaz were attacked and doused with petrol on their way to the Majlis this morning.

Several MPs, including former Speaker Abdulla Shahid and MDP MP Rozaina Adam received texts stating: “If you fail to do what you must today, then prepare to die. Your children will be sacrificed for this as well.”

JP MP Hussein Mohamed repeatedly questioned Maseeh how the Majlis could vote to dismiss judges based on a three line letter from the JSC.

MP Ali Hussein, also of the JP, said the JSC had flouted due process and failed to provide judges an opportunity to speak in their defense. The Majlis must take responsibility if the move results in vigilante justice and anarchy, he added.

Rozaina said the world would laugh at Maldives’ “uncivilized” attempt to remove Supreme Court judges and questioned why the JSC had failed to find Justice Ali Hameed, implicated in three sex tapes, guilty of misconduct.

Demanding details of the JSC ruling, MDP MP Mariya Didi asked if the two judges were being dismissed because they have often formed the dissenting opinion in several controversial cases, including the decision to annul the presidential polls of September 2013.

MDP MP Rtd Brigadier General Ibrahim Didi repeatedly recited verses of the Qur’an prohibiting bribery and appealed to the Speaker to refrain from holding the vote.

Religious Adhaalath Party MP Anara Naeem voted for Faiz and Muthasim’s dismissal despite initially telling local media she would decide on a position only after researching the JSC ruling.

Meanwhile, approximately 100 MDP members led by Nasheed gathered on Fareedhee Magu, several meters away from the Majlis house, in protest of the Majlis vote.

Police had warned protesters they would be arrested and prosecuted within 48 hours of arrest if they attempt to cross police lines.

The Civil Court yesterday issued a resolution condemning the JSC’s ruling, stating that the People’s Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the bench through an “unconstitutional” amendment to the Judicature Act.

“We believe we are obliged to comment on the issue for the sake of the democratic and judicial history of the Maldives, and we believe keeping silent at this juncture amounts to negligence” the seven member bench said.

The MDP has since sought an injunction to stop the Majlis vote from proceeding and asked the Civil Court to invalidate the JSC decision. The Civil Court has accepted the case, but the vote went ahead before a decision on the stay order could be reached.

Private lawyers have also taken up the case in the High Court, with Hasaan Maaz Shareef, Mohamed Faisal, and Shaheen Hameed also asking for the vote to be halted and for the annulment of “unconstitutional” amendments to the Judicature Act.

This article has been updated with the details of today’s vote and opposition’s response to the vote.

Related to this story

MDP asks Civil Court to halt Majlis decision on judges’ removal

Parliament reduces Supreme Court bench to five judges

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

Civil Court condemns move to dismiss Chief Justice Faiz and Justice Adnan

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Transparency Maldives notes “grave concern” over undemocratic trends

Transparency Maldives (TM) has called upon the state and political parties to operate within the Constitution, and to respect democratic norms and principles.

“Transparency Maldives notes with grave concern the increasing trend of undermining democratic practices and institutions by the State,” read a statement from the NGO today.

TM cited the attempts to reduce the number of judges in the Supreme Court, the sudden removal of the auditor general by the parliament, and the resolution of the opposition Maldivian Democratic Party (MDP) calling for the presidency to be handed over to Jumhooree Party (JP) leader Gasim Ibrahim.

The MDP, private lawyers, and civil society groups have also heavily criticised the – now successful – attempts to remove Chief Justice Ahmed Faiz and Justice Muthasim Adnan from the Supreme Court.

In a statement released prior to the Majlis decision to remove the pair, TM argued that their removal would further undermine the independence of the judiciary.

“The impartiality and independence of the Supreme Court is not solely decided by the number of Supreme Court Justices but rather by the upholding of judicial integrity and principles,” argued the anti-corruption NGO.

TM said the decision to dismiss the pair without publicising the criteria used to deem them guilty of gross misconduct or gross incompetence – as required in Article 154 of the Constitution – raised questions about the fairness of the process.

“The criteria used must be objective, based on merit, transparent and well-publicised so that any public concerns about the process may be addressed.

The NGO suggested that amendments to the Judicature Act also denied the judges in question the right to defend themselves prior to their dismissal – a point also made today by the Maldivian Democracy Network.

Auditor General removal

Similarly, Auditor General Niyaz Ibrahim was removed from his post in October after pro-government MPs introduced amendments to the Audit Act.

“TM notes that the recent amendment to the Audit Act which abruptly ended the tenure of the sitting Auditor General, before the Constitutionally mandated seven-year term serves to undermine the independence of the Auditor General’s Office,” said today’s statement.

The press release further noted that the removal of the auditor general is only constitutionally allowed for proven misconduct, incapacity, or incompetence.

Niyaz’s removal was justified on the grounds that the Audit Act predated the 2008 Constitution and thereby did not include the current responsibilities, powers, mandate, qualifications, and ethical standards required for the post holder.

Niyaz chose not to stand again for the post, requesting the High Court to place an injunction against the new amendment – though his replacement was sworn in on November 24, within on hour of his approval by the Majlis.

“It must be noted that the passing of the amendment and the consequent removal of the Auditor General coincided with the release of an incriminating audit report against a Government Minister.”

The same day the Majlis authorised Niyaz’ removal, Niyaz had signed an audit report which implicated Minister of Tourism Ahmed Adeeb in a US$6million corruption scandal.

Adeeb – also Progressive Party of Maldives deputy leader – was quick to dismiss the report as politically motivated, while the government appears to have taken no further action in the case – despite pre-election pledges to root out corruption.

“TM calls on state authorities to ensure that heads of independent state institutions are given the autonomy to do their mandated work free from insecurity.”

MDP Gasim decree

Finally, TM denounced the MDP’s resolution which called on President Abdulla Yameen to hand power to JP leader Gasim Ibrahim.

The position taken by the party’s national council last week was condemned by TM as an “attempt to destabilize the elected government and infers overriding the electoral processes stipulated in the Constitution.”

The MDP leadership suggested that growing gang violence – which has resulted in four murders in the capital this year – coupled with the water crisis meant the president should step down.

“The president is not fulfilling presidential duties and ruling in absentia. So it is better for him to handover governance to Gasim Ibrahim,” said former President Nasheed during the meeting.

“TM reminds that any change in government should only be brought by a vote of the people and calls on state parties to not undermine the electoral processes of the country.”

The PPM responded to the resolution last week by accusing the MDP of attempting to disturb peace and unity during the water shortage.

The PPM also characterised the national council decision as an “undemocratic and uncivilised” attempt to topple a legitimately elected government.

Related to this story

Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

Majlis passes amendment allowing president to reappoint auditor general

MDP calls on the government to hand power to JP leader Gasim

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MDP asks Civil Court to halt Majlis decision on judges’ removal

The Maldivian Democratic Party (MDP) has requested a stay order to stop the Majlis vote this afternoon to remove two of the country’s seven Supreme Court judges.

The opposition has asked the Civil Court to halt the 1:30pm vote and examine the process by which the Judicial Services Commission (JSC) recommended the dismissal of Chief Justice Ahmed Faiz and Justice Musthasim Adnan.

The Civil Court yesterday issued a resolution condemning the move, stating that the People’s Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the bench through an “unconstitutional” amendment to the Judicature Act.

Amendments to the act were passed in the Majlis last week calling for the reduction of the Supreme Court bench. The JSC – given three days to decide upon the judges to be removed – opted for Faiz and Adnan within 24 hours.

Former JSC member and whistleblower Aishath Velezinee has said: “The fact that JSC has taken a decision – and that within hours of ratification – shows this is a pre-decided conclusion, a political decision and is not based on any legitimate reasoning.”

“The constitutional duty of JSC is to protect independence of judges and, in my opinion, the JSC should have challenged the unconstitutional amendment. The JSC could have petitioned the High Court to decide on the constitutionality of the amendment.”

Private lawyers have today taken up the case in the High Court, with Hasaan Maaz Shareef, Mohamed Faisal, and Shaheen Hameed also asking for the vote to be halted and for the annulment of what they consider to be unconstitutional changes to the Judicature Act.

Meanwhile, former Attorney General Husnu Suood has also said the amendment is illegal.

“The most important aspect of judicial independence is security of tenure. The amendments brought to the Judicature Act eliminate this attribute. There will be no judicial independence if the Supreme Court judges are at the mercy of the People’s Majlis and the executive.”

“If the Majlis and the president can change the bench as they see fit, this fundamental basis is lost. There will never be judicial independence in the Maldives.”

Security of tenure was introduced in the 2008 Constitution in order to create an independent judiciary, although further requirements to improve the ethical and educational standards of judges were bypassed after the failure of the JSC to implement Article 285.

MDP MP and Majlis Deputy Speaker ‘Reeko’ Moosa Manik last week described the formation of the current Supreme Court bench as a “shameful” political bargain between the MDP and then–opposition parties in 2010.

Civil Society groups have also released statements today expressing alarm at developments, pointing out that the decision will undermine the independence of the judiciary, as well as compromising the judges’ right to defend themselves.

The Maldivian Democracy Network (MDN) has described the proposed removal of the judges as being in contravention of constitutional procedures – “a travesty in the guise of upholding the Constitution”.

“The aforementioned decision has been made contrary to the standard of incompetence for judges issued by the JSC itself. A procedurally irregular decision, such as this, cannot be considered legally binding,” stated the NGO.

MDN also questioned additional amendments to establish High Court branches in the north and south of the country, suggesting that the manner in which the authority to transfer High Court judges had been moved from the JSC to the Supreme Court “gives room to suggest that such changes are politically motivated”.

Meanwhile, Transparency Maldives (TM) – in a statement expressing alarm persistent infringement of the constitution – has questioned the sincerity of what pro-government MPs have described as a move toward judicial reform.

“Any move to reform the judiciary must be sincere and look at the entire judicial system, especially the judicial watchdog body, JSC, so that meaningful and real reform may take place,” said the anti-corruption NGO.

Related to this story

Parliament reduces Supreme Court bench to five judges

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

Civil Court condemns move to dismiss Chief Justice Faiz and Justice Adnan

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Civil Court condemns move to dismiss Chief Justice Faiz and Justice Adnan

The seven-member Civil Court and several prominent lawyers have condemned the judicial watchdog Judicial Service’s Commission’s (JSC) recommendation to remove Chief Justice Ahmed Faiz and Justice Muthasim Adnan from the Supreme Court bench.

In a resolution passed last night, the Civil Court said the People’s Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the Supreme Court bench without due process, through an “unconstitutional” amendment to the Judicature Act.

The amendment, passed on Wednesday and ratified on Thursday, reduced the seven-member Supreme Court bench to five judges.

It also mandated the JSC to deem two judges guilty of gross misconduct and gross incompetence and recommend their dismissal within three days.

The People’s Majlis is currently holding an extraordinary sitting to vote on the recommendation.

The Civil Court Chief Judge Ali Rasheed Hussein, and Judges Aisha Shujoon, Jameel Moosa, Hathif Hilmy, Mariyam Nihayath, Huseein Mazeed, and Farhad Rasheed said the move was against principles of natural justice and several international conventions, and could “destroy judicial independence” in the Maldives.

The People’s Majlis had failed to provide the JSC with any instructions on recommending judges for dismissal, the Civil Court claimed.

The Civil Court noted the United States of America in 1886 had voted to reduce their ten-member Supreme Court to seven, by deciding the state would not appoint new members to the bench when a judge’s seat became vacant.

Meanwhile, President Abdulla Yameen’s nephews, lawyers Shaheen Hameed and Maumoon Hameed, have spoken out against the ruling Progressive Party of the Maldives’ (PPM) attempt to dismiss the two judges.

Shaheen told CNM that the JSC had failed to provide Faiz and Muthasim to defend themselves against charges of misconduct and negligence.

“[The JSC] have said it is alright to dismiss these first two judges by flouting all procedures, but that due process must be followed in dismissing other judges. This is gross violation of equality before the law,” he said.

The ruling party’s “unacceptable” attempt to dismiss Faiz and Justice is the epitome of injustice, and appears to demonstrate that the Supreme Court “is a coat tailored for a specific individual,” Maumoon has said on his Facebook status.

The JSC’s sudden ruling, without an investigation and without any evidence within hours of the amendment’s ratification shows it was a pre-decided conclusion, Maumoon contended.

He also questioned why the JSC had found Supreme Court Judge Ali Hameed, implicated in a series of sex tapes with three foreign women, fit for the bench.

Lawyer and Jumhooree Party MP Ali Hussein in an interview with Haveeru called the attempt at dismissals an “atrocity.” Criminals are guaranteed a fair trial, but the two judges’ right to speak in their defense had been violated, he said.

“The two were appointed because they are capable. If there has been no changes, it is an issue if they are judged incapable because of an amendment to the law. This means those who hold a majority in the JSC can get rid of judges they do not like, not because they are incapable,” he said.

MPs have not yet been given details of the JSC ruling. Speaking to Minivan News on Thursday, JSC Secretary General Abu Bakr said the commission had decided to keep proceedings confidential until a Majlis vote.

The Maldivian Democratic Party (MDP) has said it will vote against the amendment. The Jumhooree Party (JP) has not yet taken an official stand while Adhaalath Party Anara Naeem said she will wait on details of the JSC verdict before she takes a stand.

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