Day: January 26, 2015

High Court rejects Nasheed’s request to delay Hulhumalé court bench trial

The High Court has rejected a request from former President Mohamed Nasheed to delay the hearings of his case challenging the legality of Hulhumalé Magistrate Court’s bench.

The Maldivian Democratic Party leader had asked to delay the hearing, scheduled for Wednesday (January 28), by one and a half months as his legal team requires time for further research.

In the letter written to high court by Nasheed’s lawyer Hassan Latheef, it was noted that no hearings had been scheduled since April 1, 2013, and that during this period significant changes have been brought to the judicial system.

High court spokesman Amin Faisal told Minivan News that the court has informed Nasheed’s legal team it is unable to postpone the trial as requested.

A statement from Nasheed’s office expressed concern that a preliminary hearing has been scheduled for this week, despite the 2011 High Court regulations stating that the court’s registrar has the authority to schedule preliminary hearings only before the commencement of trial hearings.

“It was also requested that the High Court conduct hearings of the trial of the case submitted by President Nasheed instead of the scheduled preliminary hearings”, the statement read.

Full of Surprises

Speaking to Minivan News, Hassan Latheef revealed that although the summons chit specified that a preliminary hearing is scheduled on Wednesday, the court has since said that a meeting was to take place with the presiding judges to discuss how the trial will proceed.

“This is neither a preliminary hearing as stated in the summons nor a hearing but an administrative meeting of sorts,” said Latheef.

Latheef noted that such meeting were unheard of at this stage of proceedings, noting that Nasheed’s trial has been “filled with surprises that the legal history of this country has never seen before”.

The case itself will investigate the manner in which appointments were made to the Hulhulamalé Magistrates Court – a body created to conduct the trial of Nasheed and senior figures in his government for the 2012 detention of Criminal Court Judge Abdulla Mohamed.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a Magistrates Court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate Magistrates Court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.

Latheef today noted that the legal team required more time to do research on the case due to the changes brought to the Maldivian judiciary after recent amendments to the Judicature Act.

“While major changes have been brought to the judiciary from April 2013 up to this day, the High Court’s ruling on this matter is likely to have significant implications on the case in the lower courts regarding President Nasheed. This is why we need more time”, he said.

Amendments to the Judicature Act passed on December 10, 2014, changed the composition and structure of the High Court by establishing two additional branches in the northern and southern regions of the Maldives.

As per the amendments 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.


Related to this story

High Court to rule in appeal on Hulhumale’ court legitimacy

Hulhumale’ Court rejects case against former President Nasheed

High Court invalidates Hulhumale’ court’s rejection of case against former president

Supreme Court declares Hulhumale Magistrate Court legitimate

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Elections Commission says MDP cannot force Moosa to follow party whip

The Elections Commission (EC) has reportedly found no legal grounds on which the opposition Maldivian Democratic Party (MDP) can impose the three-line whip on MP ‘Reeko’ Moosa Manik.

According to media sources the EC’s letter noted that Moosa took an oath to sincerely and truthfully carry out the responsibilities of a parliament member in accordance with the Maldivian Constitution.

EC officials referred Minivan News to Moosa for further details regarding the deliberation, but the Hulhuhenveiru MP was not responding to calls at the time of press.

The commission investigated the case after Reeko – also deputy Majlis speaker- had requested a review of the MDP disciplinary committee’s decision to dismiss him from the party – a decision later backed by the party’s appeals committee.

When asked whether the decision regarding the case submitted by Moosa would oblige the MDP to take any particular action or reverse the party’s decision, the EC today stated that the commission cannot order any party to a particular course of action.

Moosa has previously refused to pursue the case in the courts, and said he would he not be joining another party. CNM has today quoted Moosa as saying: “I do not wish to leave the MDP, I will even participate in the party’s activities”.

According to the decision by the MDP’s disciplinary committee, if Moosa wishes to rejoin the party he is required to issue a public apology and obtain 50 new members for the party, but will be barred from standing for any leadership position or contesting in party primaries for five years.

Although Moosa has described the disciplinary committee’s decision as “discriminatory”, the appeals committee found no evidence that any other MPs had defied the party whip more than once, claiming that Moosa had done so on five occasions.

The appeal committee’s report noted that Moosa had violated the parliamentary group’s three-line whip on four other votes in December, listing them as: voting to consider and then to accept amendments to the Judicature Act, voting to pass the 2015 state budget, and voting to amend the Import Export Act.

Moosa was dismissed on December 22 after the party’s national council asked the disciplinary committee to take stern action against those who violated the three-line whip in the crucial vote to remove Chief Justice Ahmed Faiz and Justice Muthasim Adnan on December 14.

The Majlis decision to remove the Supreme Court judges has been deemed unconstitutional by multiple local and international groups including the Maldives’ own Civil Court.

Responding to the appeals committee, Moosa said that the decision to expel him and to bar him from contesting in the MDP’s internal elections is in contradiction of articles 26 (b), 90 (a) and 109 (a) of the Constitution.

Article 90 grants immunity for actions carried out in the People’s Majlis, Article 26 defines the rights to vote and contest in elections, and Article 109 defines the requirements of an individual intending to run for the presidency.

Moosa has expressed his belief that the real reason for his dismissal from the party was his announcement that he intented to contest the MDP’s presidential primaries in 2018.


Related to this story

MDP expels MP ‘Reeko’ Moosa Manik

Reeko Moosa appeals to MDP disciplinary committee after dismissal

Reeko Moosa condemns MDP expulsion as a move to bar his 2018 presidential candidacy

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MDP and JP to begin official talks tonight

Jumhooree Party (JP) leader Gasim Ibrahim has invited all opposition parties to begin talks on defending the Constitution.

After officially leaving the Progressive Coalition earlier this week, the party has invited the largest minority party, the Maldivian Democratic Party (MDP), to talks at the JP’s headquarters tonight, explained party spokesman Ali Solih.

The JP has also invited the Dhivehi Rayyithunge Party (DRP) and the Adhaalath Party to the talks, despite the religious party being an unofficial member of the governing coalition.

Adhaalath, which holds a single seat in the People’s Majlis, has received an invitation to future talks but has not yet decided on whether it will attend, said the party through its official twitter account.

Following MDP party President Mohamed Nasheed’s calls for immediate all-party talks last week, the party earlier today announced its representatives for the proposed discussions.

The JP has also announced that it will be represented by former transport minister Ameen Ibrahim, Dr Hussain Rasheed, Abdulla Kamaludeen, MP Ali Hussein, MP Hussein Mohamed, and former Police Commissioner Abdulla Riyaz.

The JP – which has 13 MPs in the 85-seat Majlis – this week voted through its national council to give leader Gasim Ibrahim the authority to make all decisions regarding actions needed to defend the Constitution.

The JP was officially aligned with the ruling Progressive Party of Maldives until May last year, after having given crucial backing to Abdulla Yameen in the 2013 presidential race.

Yameen eventually beat MDP candidate Nasheed in a much-delayed poll after the Supreme Court’s controversial annulment of the first round following complaints lodged by third-placed candidate Gasim.

However, after friction between the coalition partners during the Majlis campaign, Gasim’s decision to stand against the PPM’s candidate for Majlis speaker in May prompted the PPM decided to unilaterally expel the JP from the ruling coalition.

Gasim’s subsequent opposition to key government legislation was accompanied by threats against both his businesses and his person, leading the JP to accuse opposition politicians of intimidation tactics.

Unofficial talks were announced earlier this month between the JP and MDP, which holds 22 seats in the Majlis, while Nasheed has pledged to defend Gasim against government attacks.

Both parties have accused the government of repeated breaches of the Constitution and attempts to influence independent institutions. Prominent incidents cited include the recent, replacement of the auditor general, the removal of two Supreme Court judges.

Nasheed last week urged President Yameen to convene all party talks which include the Progressive Party of Maldives’ leader and former President Maumoon Abdul Gayoom.

Yameen has this week met with both former President Dr Mohamed Waheed and former President Gayoom, with whom the current political climate was discussed, said the President’s Office.

PPM officials were not responding to calls at the time of press.

President’s Gayoom’s former party, the DRP, has been largely dormant since its most prominent members switched to the MDP after the 2013 presidential elections.

After announcing a rebrand effort in the month following the elections, it failed to win any seats in the subsequent Majlis elections, and just a single council seat in the local elections.


Related to this story

MDP holds street rally in front of Gasim’s residence

JP council officially declares exit from Progressive Coalition

Nasheed urges President Yameen to convene all-party talks

We must once again rise up to defend the Constitition, says Nasheed

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Mandhu College urges students to proceed as normal despite eviction notice

Mandhu College is urging its students to proceed as normal with their studies despite an eviction notice from the Ministry of Education giving the college 15 days to vacate the premises.

In a press statement, the college said that it has been contacted by concerned students believing that college operations might come to a halt after the “Ministry of Education provided not entirely accurate information to the media”.

“We urge the students to be patient, and to support the college management at this time,” read the press statement.

Yesterday, State Minister of Education Dr Abdulla Nazeer told Minivan News that the college was handed the notice as it was operating in violation of the agreement made with the government.

“The building was initially given to Malé English School (MES) in to operate a school. In 2008, the contract was renewed and MES signed a third party agreement with Mandhu College who then started using the building to run a college,” said Dr Nazeer.

Nazeer said that a separate letter was sent to Mandhu College inviting it to engage in negotiations with the government regarding the interest of students currently studying at the college.

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Mundhu Shareef appointed WHO Executive Board Chairman

Minister at the President’s Office Mohamed ‘Mundhu’ Hussain Shareef has been appointed Chairman of WHO Executive Board Committee.

He becomes the second Maldivian to hold the post, with former health minister Dr Mariyam Shakeela appointed to the role before leaving her cabinet position last year.

The WHO Executive Board is composed of 34 persons who are technically qualified in the field of health, each designated by a member state that has been elected to serve a three-year term. The Maldives’ term concludes this year.

Mundhu has previously served as President’ Office spokesman and minister of youth and sports.

The WHO Executive Board’s 136th session is taking place in Geneva from today (January 26) until February 3, and will agree upon the agenda for the May 2015 World Health Assembly.

Priority issues to be discussed are communicable and noncommunicable diseases; promoting health through the life course; preparedness, surveillance and response; and health systems as well as matters relating to programme, budget, management and governance, and WHO reform.

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Updated Hajj regulation will help prevent fraud: Deputy Islamic Minister

Deputy Minister of Islamic Affairs Dr Aishath Muneeza has said that the updated regulations for Maldivian Hajj pilgrims would help prevent Hajj-related fraud cases in the future.

Muneeza told Minivan News that the new regulations published in the Government Gazette today would make the whole Hajj process more transparent and accessible.

“We have brought major changes to the existing Hajj regulations,” said Dr Muneeza, who also serves as Chair at the state owned Hajj Corporation – officially inaugurated last week (January 20).

Dr Muneeza said one of the biggest improvements to the regulation was the introduction of a new bank guarantee to be held at the Islamic ministry paid by the Hajj agencies, requiring the agencies to deposit 25 percent of the price per head when submitting proposals.

The regulation states that the deposited money will be used to cover any required expenses which have not been paid for by the agency such as airlines or hotel payments. It also states that the money will be taken to the ministry if it receives news that the agency has taken more customers than the quota assigned to the company.

While the Hajj Corporation is to handle 50 percent of the quota given by the Saudi Arabian government, the remaining slots are equally distributed to three private companies after a bidding process.

“We have also changed the requirements of agencies submitting proposals to the ministry,” explained Dr Muneeza. “The managing director of the company should now have five years’ experience of taking people to Hajj compared to the previous one year of experience”.

Under the new regulations, the license will not be released to the company if “anyone convicted or suspected fraudulent Hajj transactions are present in the board of directors or management,” requiring the companies to hand in the criminal records of all board members while submitting the proposals.

“The new law would also require the agencies to submit a timeline to the ministry giving itself deadlines such as the dates by when tickets are brought, money is taken from customers. This allows the ministry to keep track of the agencies while giving them some leeway to construct their own timeline,” said Dr Muneeza.

Speaking at the ceremony inaugurating Hajj Corporation last week, Islamic minister Dr Mohamed Shaheem Ali Saeed – while pledging to reduce the cost of the pilgrimage  – said that the government has become more involved in the Hajj grips after the activities of unscrupulous Hajj companies.

Last year, the government covered the expenses of 121 defrauded customers of the Al-Fathuh Hajj Umra Group with an amount in excess of US$500,000.

Dr Shaheem revealed to the press that Al-Fathuh only informed the ministry that it would be not be able to take the customers to Mecca the day prior their departure.


Related to this story

Government sends defrauded pilgrims to Mecca

Hajj corporation inaugurated, Shaheem pledges to reduce cost of pilgrimage

Police arrest al-Fathuh Hajj group managing director for fraud

Hundreds queue to submit forms to Hajj Corporation

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MDP selects representatives for all-party talks

The opposition Maldivian Democratic Party (MDP) has formulated the team which will represent the party in all-party talks planned to discuss steps to defend the Constitution.

In a tweet by MDP chairperson Ali Waheed it was revealed that the team will consist of himself, Parliamentary Group leader MP Ibrahim Mohamed Solih, former Majlis Speaker MP Abdulla Shahid, former party Chairperson MP Mariya Didi, and Malé City Mayor Mohamed Shihab.

MDP leader and former President Mohamed Nasheed has urged President Abdulla Yameen to abandon strict and arbitrary policies and actions against other political figures and to conduct official talks with all political parties.

“As soon as possible, even if possible tonight, I urge President Yameen to commence talks with all political parties, especially with the inclusion of President Maumoon [Abdul Gayoom] in the talks,” he said.

Similarly,the Jumhooree Party has also has called on all political parties to discuss the steps that need to be taken to defend the Constitution, stating that it was willing to work with any party for that cause, in spite of potential threats and intimidation from the government.

The MDP have listed the removal of two Supreme Court judges and the replacement of the auditor general late last year as examples of the government’s unconstitutional actions.

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MDP welcomes China’s denial of military plans for Laamu Atoll

The opposition Maldivian Democratic Party (MDP) has welcomed the statement by the Embassy of China in Maldives refuting claims by former President Mohamed Nasheed that a military facility was being planned in Laamu Atoll.

Denying suggestions that the Maldivian government planned to hand over large parts of the atoll under the Special Economic Zones Act, the embassy stated yesterday (25 January) that China “pursues a national defense policy that is defensive in nature” and that it “does not maintain any military in any foreign country”.

In a statement released yesterday evening, the MDP noted that China had a record of protecting its interest in primary markets with military facilities.

The statement went on to offer the example of the Chinese defence ministry announcing in December 2011 that its naval fleet “may seek supplies or recuperate” in harbours of the Seychelles during escort missions.

International reports at the time stated that the potential cooperation with the island nation, off the east coast of Africa, had come after a request made by the Seychelles government, with some Chinese media outlets reporting that a military base had been offered.

While speaking to the press after returning from a trip to Abu Dhabi last week (January 22), Nasheed alleged that the Maldives was to hand over large parts of the southern atoll to China for a military base on a 99-year lease, in exchange for US$2 billion.

Yesterday, the MDP party president described China’s as having “reconsidering their strategic plans in the Indian Ocean”.

China yesterday assured that it will uphold the principles of peaceful coexistence while aiding Maldives in maintaining and promoting peace and development, upon which it said the Maldives-China relationship is based.

Development projects

China and the Maldives signed a military aid agreement under the government of Dr Mohamed Waheed in December 2012, to develop military ties and provide free Chinese aid to the Maldives National Defence Force.

The country’s rising economic presence in the Indian Ocean region has stoked concerns in New Delhi that it is creating a ‘string of pearls’ to encircle India, including Chinese investments in ports and other key projects in Sri Lanka and Pakistan.

Suggestions by foreign minister Dunya Maumoon last November that China had officially discussed its Maritime Silk Route with India were quickly rebutted by Indian officials.

After the MDP condemned Dunya for “intentionally” providing false information about the Chinese project, the ruling Progressive Party of Maldives suggested that the opposition party was attempting to provoke tension with international allies.

Last month, the Maldives officially agreed to participate in the Silk Road trade route, becoming the third country to do so, while also revealing that the two countries have agreed to engage upon free trade in the future.

Chinese state media has connected the Maritime Silk Road Project, which which will link China to the east coast of Africa and the Mediterranean, to the proposed ‘iHavan’ transshipment port – one of five mega-projects designed to take advantage of the US$18 trillion worth of goods transported across the seven degree channel annually.

President Yameen has made clear his intention to further pursue already rapidly expanding ties with China, announcing a policy shift to the east while criticising the interference of western powers.

China also accounts for one third of all tourists visiting the Maldives.

(PHOTO: By Cpl. Scott M. Biscuiti; US Marines training with MNDF, Laamu Kadhoo, 2007)


Related to this story

Nasheed urges President Yameen to convene all-party talk

Maldives backs new Chinese investment bank, pursues free trade deal

Chinese President Xi Jinping calls for Maldives involvement in 21st century maritime silk road

President Yameen slams “Western colonial powers,” declares foreign policy shift to East

Defence Minister signs military aid agreement with China

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