Month: January 2015

Azima’s law firm drops Nazim’s case

Former Attorney General Aishath Azima Shakoor has dropped former defence minister Mohamed Nazim’s case, say media reports

According to a press statement from Azima’s law firm Avant-Garde, the firm decided to drop the case for “personal reasons”.

Nazim is facing charges relating to possession of dangerous weapons after police raided his home on January 18.

The statement also said that Nazim’s case from now onwards will be handled by Maumoon Hameed – nephew of President Abdulla Yameen.

Previously Avant-Garde has stated that Nazim did not commit any act in violation of the law and that “he would like to assure everyone that he would not do anything in violation of the law in the future”.

State TV broadcaster MBC reported that Azima’s law firm had, earlier today, confirmed that the department of immigration is holding his passport.

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We should not surrender to climate change: Dunya Maumoon

“This month a team of scientists reported that melting ice caps and glaciers due to climate change are causing oceans to rise more drastically than previously calculated,” writes foreign minister Dunya Maumoon for the UK’s Guardian newspaper.

“The news is particularly troubling for my country, the Maldives — the world’s lowest lying island chain — and for other coastal and island nations that sit just metres above sea level.

In fact, saltwater has already begun to contaminate our groundwater supplies, while erosion is wearing away our shores.

And even as the water rises around us, the cruel irony of climate change was driven home last month when a fire shut down our capital island’s only desalination plant, leaving its 100,000 inhabitants in a precarious situation.

Within hours, some of our closest neighbours and partners, including India, Sri Lanka and China, had mobilised shipments of water to get us through until the plant was repaired. Our own private sector, non-governmental organisations, and other civil society groups pitched in, working with the government, and proving that everyone in the society has a role to play in addressing crises.

Tackling climate change over the long term will obviously demand concerted action at a much more substantial scale over decades.

But we should not surrender to the notion that it will be impossible. Recent studies have confirmed that existing technologies, such as energy efficiency, renewable power, and smart policies can rapidly reduce emissions, while bringing important co-benefits, such as improved public health and energy and water security.”

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Body of abused child found in Vaavu Rakeedhoo

The body of a three-year-old child with signs of severe abuse has been found on the island of Rakeedhoo in Vaavu Atoll.

The boy’s mother was known to the authorities as having a record of abusing the boy, who is the eldest of three. Haveeru has published old images of child, appearing to show a black eye from past abuse.

“We previously informed the police and gender ministry that the kid was being abused, but when [the mother] was questioned she was going to take care of the boy and stop abusing him,” explained Rakeedhoo Island Councillor Abdulla Rasheed.

Rasheed explained that the council was alerted to the case today by health centre officials after the mother ran there before passing out.

Council members subsequently went to the woman’s home where they found the boy on the sitting room floor, head on a pillow, naked except for a rug covering him from the waist down.

As well as scratches to the head and neck, the boy has extreme bruising to his left ear and genitals, said Rasheed.

He said that the mother – whom he questioned previously about the abuse of her son – had since regained consciousness but was refusing to talk.

One of the woman’s other children is now with neighbours, and another is still with the mother. Previous offers from other islanders to adopt the abused boy had been turned down by the mother. Rakeedhoo has a population of just 84 people.

The Ministry of Law and Gender told Minivan News that it was still gathering the facts of the case and would be releasing a statement shortly. Police media officials were not responding to calls at the time of press.

The prosecutor general has told media it is investigating the case for possible negligence on the part of state institutions.

“It is unacceptable that the child was handed over to the mother for the second time after it was found that she was beating him,” said Muhthaz Mushin

Former Attorney General Azima Shukoor in 2013 described “alarming” levels of child abuse in the country, submitting amendments to the Majlis to enable the transfer of legal guardianship from neglectful and abusive parents.

Elsewhere, a 27-year-old woman was arrested yesterday evening in Baa Atoll Eydhafushi on suspicion of beating her child reports Haveeru.

Suspected child abuse can be reported anonymously to the police on 3000 600.

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Supreme Court has removed right of appeal, claim legal experts

Legal experts have accused the Supreme Court of effectively removing the right of appeal after the bench shortened the time in which an appeal case can be filed at a higher court to 10 days.

In a ruling issued yesterday (January 27), the court revoked Article 15 and 42 of the Judicature Act and Article 85 of the Employment Act – which stipulates the current appeal durations – while a Supreme Court circular signed by Chief Justice Abdullah Saeed announced the new time frame.

The move has prompted legal experts to accuse the court of infringing upon the constitutional right to an appeal.

“They have taken out the appeal process,” says former Judicial Services Commission (JSC) member turned whistle-blower Aishath Velezinee. “Ten days for appeal will deprive people of the right to appeal.”

Another legal expert – who wished to remain anonymous – suggested that the new time frame would make it practically impossible for many people to lodge an appeal.

The Supreme Court ruling – signed by all five of the Supreme Court justices – said the current regulations are in violation of Article 42 of the Constitution which states the right to a “fair and public hearing within a reasonable time”.

The Judicature Act currently states that appeals to the higher courts will only be accepted within 90 days, while 180 days is allowed for cases adjudicated in island courts outside of the capital Malé.

Meanwhile, the Supreme Court circular stated that the establishment of two regional High Court branches under amendments to the Judicature Act means all appeal cases should be appealed in the region of the court issuing the decision.

According to the amendments passed by parliament last month – which also resulted in the controversial dismissal of two Supreme Court Judges – the nine member High Court will be divided into three branches with three judges assigned to each.

The two regional branches in the North and South will be allowed to hear appeals against magistrate court verdicts while only the Malé branch will be allowed to hear challenges to laws and regulations.

Constitutional rights

Velezinee claimed that by changing the regulations, the Supreme Court is “taking over the functions of the legislator” in an “attack on the Constitution”.

“No right is guaranteed anymore,” said the outspoken critic of the judiciary. “Supreme Court is under the constitution, but now it has gone above the Constitution.”

Velezinee has previously accused the Supreme Court of dominating the entire judiciary, and compromising the independence of the lower courts, via its close oversight of the Department of Judicial Administration.

Similar suggestions made by the Human Rights Commission of Maldives (HRCM) to the UN Human Rights Council last year prompted the initiation of ‘suo moto’ proceedings on charges of undermining the Constitution and the sovereignty of the country.

Velezinee was barred from the public gallery during the proceedings of the HRCM case in October.

Meanwhile, a prominent legal expert said that by shortening the appeal period, the Supreme Court is “trying to limit a fundamental right guaranteed by the Constitution”.

“The right to a timely trial should not overlap the right to appeal,” he said. “It is going to be logistically and practically impossible for most people to prepare an appeal case and submit it within ten days.”

He pointed out that most atolls do not have the adequate transportation systems to the nearest court branch, saying that it might be easier for islanders to travel to Malé to file an appeal.

Both he and Velezinee suggested that it normally takes in excess of two weeks to acquire the court report required to adequately prepare for an appeal case.


Related to this story

Supreme Court controls the judiciary, says HRCM report to United Nations

Judicial administration brought under direct control of Supreme Court

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

Removal of Supreme Court judges will have “chilling effect” on work of judiciary: UN special rapporteur

A justice system in crisis: UN Special Rapporteur’s report

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Hulhumalé Magistrate Court case to resume hearings on February 3

The High Court has today informed both President Mohamed Nasheed and the Judicial Services Commission (JSC) as to how the case on the legality of the Hulhumalé Magistrates Court bench will proceed.

Nasheed’s legal team member Hassan Latheef told Minivan News that today’s meeting was conducted by High Court Judge Abbas Shareef, with the JSC and Nasheed’s representatives informed that a hearing of the case would be held on February 3.

They were also informed that each party would receive a ten minute opportunity to summarise their responses during this hearing, and to raise further points regarding procedural issues raised before hearings halted in April 2013.

The judicial watchdog has raised a procedural issue claiming that the High Court does not have the jurisdiction to oversee the case.

The resumption of the case, which challenges the legality of the bench assembled to try Nasheed for the January 2012 detention of Criminal Court Judge Abdulla Mohamed, was announced one week ago after repeated requests from the former president to expedite proceedings.

Hassan Latheef that Nasheed’s legal team raised several points today, including the small amount of time that each party will be given to present arguments in the next hearing and also the need for further time to review and research the case after recent developments in the judicial system.

“There have been significant changes to the whole judiciary, judges have been transferred, benches reduced and High Court now has two new branches. All this has an impact on the procedural issue raised by JSC. This is why we need more time”, said. Latheef.

He also said that judge Abbas Shareef has agreed to reconsider the request by Nasheed’s legal team for a one and a half month delay of the trial after discussion with the two other judges presiding over the case – Judge Ali Sameer and Judge Shuaib Hussain Zakariyya.

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 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”.


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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Police starts investigating case of dead body found at a Villimalé home

The Maldives Police Services has started investigating the case of a dead body found in a Villimalé home yesterday (January 27).

A police press statement read that they have started investigating a case of a 38-year-old dead man found at V. Hevaa yesterday at around 5.35pm.

The statement said that, upon receiving information of a man having collapsed, police arrived on scene and took the man to the health center, where doctors confirmed that he was dead.

An investigation team from the police’s serious and organised crime department found items believed to be drugs and syringes at the scene, read the statement.

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Dismissed Defence Minister’ passport held by authorities

The passport of former defence minister Mohamed Nazim has been held by the department of immigration and emigration through a Criminal Court order, say media reports.

State TV broadcaster MBC reported that Nazim’s legal team had confirmed immigration is holding the passport.

Nazim – who was also acting health minister and head of immigration – was dismissed from his post on January 20, three days after police raided his apartment in the Galolhu ward under a court warrant.

Speaking to the media on the day of his dismissal, Nazim said that recent events had shown that no Maldivian was assured of safety and security.

Minivan News contacted department of immigration’s spokesman Hassan Khaleel who stated that travel plans of individuals cannot be revealed and so refused to provide confirmation regarding reports that Nazim’s passport has been held.

Nazim himself refused to comment on the matter, referring Minivan News to his lawyer Azima Shukoor who was not responding to calls at the time of publication.

Criminal Court Spokesman Ahmed Mohamed Manik said the relevant authorities will receive such court orders and that he is unable to confirm anything more.

Following Nazim’s dismissal Maldives Police Services (MPS) told the press that they had found dangerous weapons at Nazim’s house during the search, though they denied knowing it was Nazim’s home before the raid.

“Nazim and some of his family members were questioned regarding the weapons but they failed to adequately respond to the questions,” said Spokesman for Commissioner of Police Ahmed Shifan.

Meanwhile on January 22 Nazim’s legal team published a statement stating that he did not commit any act in violation of the law and that “he would like to assure everyone that he would not do anything in violation of the law in the future.”

Immigration are also currently holding the passport of former Deputy Speaker of the Majlis and Progressive Party of Maldives MP Ahmed Nazim though police have not revealed the details of the investigation.


Related to this story

Nazim dismissed as defence minister, replaced by Moosa Ali Jaleel

Dangerous weapons found in Nazim’s house during raid, say Police

Police raid Defence Minister Nazim’s home in early hours

Opposition condemns Defense Minister Nazim’s apartment raid

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MVR20 million saved in electricity subsidies with fall in oil prices: NSPA

The National Social Protection Agency (NSPA) has announced savings of MVR20 million (US$1.3 million) in electricity subsidies due to the steep fall in international oil prices.

Haveeru reported NSPA CEO Mujuthaba Jaleel as saying that the agency had provided a monthly average of MVR81 million (US$5.3 million) in subsidies last year, with this month’s outlay expected to fall by 25 percent.

International oil prices plummeted from US$100 per barrel to US$80 in just three months late last year, while current prices have dipped below the US$50 mark per barrel.

Mujuthaba also said that the recently announced re-registration of people wanting electricity subsidies – between February 10 and April 9 – would result in a further reduction in costs.

The re-registration comes after the government announced it would start providing targeted subsidies for food and electricity in order to ease the state budget deficit.

The International Monetary Fund had previously pointed out the need to target the subsidies saying that it would result in “substantial savings”.

Source: Haveeru

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Commissioner of Police assigned private security

Commissioner of Police Hussain Waheed has decided to have a personal security detail for the first time since he was appointed to the post, with media reporting death threats having been made against him.

Spokesperson for the commissioner Superintendent Ahmed Shifan confirmed to Minivan News that Waheed had started using personal security.

“The commissioner has started taking personal security starting today,” said Shifan. “However, information regarding any threats cannot be disclosed at the moment.”

However, Vaguthu has reported a police information officer as saying that police intelligence had received information of some threats made to the commissioner.

Last year saw the repeated instances of SMS death threats against journalists and politicians, with police working alongside the Communication Authority of Maldives to identify the senders.

Source: Vaguthu, Vnews

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