The Indian High Commission to the Maldives will be hold free cancer screenings at ADK Hospital on February 4 and 5, and in Ghaafu Dhaalu Thinadhoo on February 6, as part of its health and wellness month.
In addition to the screenings, the high commission is organising a cancer awareness walk in Malé on February 4 at 4pm, in partnership with Basavatarakm Indo American Cancer Hospital (BIACH) in Hyderabad, ADK hospital, and the Cancer Society of Maldives.
The walk will be followed by yoga instruction at the artificial beach, while similar yoga workshops are to be organised in Himmafushi, Villingili, and Bandos during the month.
Last month the high commission held a number of Bollywood themed events, including a dance show, quiz, and a film festival as part of year-long celebrations of diplomatic relations with the Maldives.
“In celebration of the 50th anniversary of relations and Maldivian Independence, every month will include thematic activities as part of a year-long celebration,” said Indian High Commissioner to the Maldives Rajeev Shahare.
Other events for the wellness month include a blood donation camp held on February 27. The high commission requests everyone to register in advance for these camps by calling 763 8246.
President Abdulla Yameen has appointed Ahmed Naseer of Musthareege, Kaafu Atoll Maafushi to the post of CEO of the Capital Market Development Authority (CMDA).
According to a tweet from the presidential Spokesman Ibrahim Muaz, Naseer was was appointed to the post at the level of deputy minister. He previously served as a state minister at the Ministry of Finance and Treasury during President Mohamed Nasheed’s administration.
The position of CEO of CMDA was left vacant after the resignation of Fathimath Shafeeqa’s resignation from the post last month.
Former President, and leader of the ruling Progressive Party of Maldives (PPM), Maumoon Abdul Gayoom has described the opposition’s alliance to defend the Constitution as a “waste of time”.
Gayoom told reporters that the current government has in no way violated the Constitution and that there is no reason for any party to talk about defending it.
“Therefore, when some people have come out claiming to defend the Constitution, it makes me laugh,” Gayoom told reporters before travelling to the Delhi Sustainable Development Summit (DSDS) this morning.
The former 30-year ruler, who will participate in the summit as a panelist and a speaker, also questioned the intentions of the opposition, stating that “our President Abdulla Yameen pays special attention to follow the Constitution”.
Gayoom’s comments are the first from a high level member of the ruling party since the Maldivian Democratic Party (MDP) and Jumhooree Party’s (JP) decision to work together in defending the Constitution.
The parties are alleging that the government is narrowing civil liberties, intimidating political opponents, and destroying state’s checks and balances.
PPM spokesman MP Ali Arif told Minivan News that the opposition parties were unable to specify which part of the Constitution the government has violated.
“We have asked them which specific part or article of the Constitution the government has violated. They cannot seem to answer the question. This is just noise, all these claims are baseless,” stated Arif.
He also said that amendments to the Judicature Act – which saw the removal of two Supreme Court judges, and amendments to the Auditor General’s Act – which saw the reappointment of the auditor general, were all legislative changes brought by parliament.
Former Auditor General Niyaz Ibrahim has suggested his removal – just days after an audit report implicated the tourism minister in a US$6 million corruption scandal – was not legal without changes to the Constitution.
The Civil Court has, meanwhile, said the People’s Majlis had “forced” the Judicial Services Commission to deem Chief Justice Ahmed Faiz and Justice Muthasim Adnan unfit for the Supreme Court bench without due process, through an “unconstitutional” amendment to the Judicature Act.
“In a democratic society the parliament brings changes to laws,” Arif told Minivan News today. “If the president does not wish to gazette the law, he can send it back but then again if the parliament passes the bill, it automatically becomes law. How is the president or government at fault?”
Meanwhile, the MDP and the JP held a third round of discussions at Maafannu Kunooz on Sunday (January 1) night, agreeing to officially sign a document concerning their joint efforts to defend the Constitution.
The document, scheduled to be signed at a special ceremony on Thursday (January 5), will be followed by a joint rally that evening at the Carnival area in Malé.
Although the Adhaalath Party has decided against joining the alliance, the Maldives Trade Union has joined the opposition, claiming that the government’s persistent violations of the constitution have “eroded crucial checks and balances and accountability mechanisms”.
The MTU was inaugurated in May 2014, with 180 members aiming to provide an independent voice for the protection of small and medium sized businesses.
Zahir formed the group after clashing with authorities over the new tax regime – introduced by the MDP government. He was investigated the the Prosecutor General’s Office last year for tax evasion.
Transparency Maldives has published its 2014 Majlis review, reporting that 10 bills were passed in 59 sittings of the 18th People’s Majlis.
Of the 85 members elected to the expanded parliament in March, only 16 have had a flawless attendance record since, with an overall attendance figure of 90 percent.
The members from the opposition Maldivian Democratic Party (MDP) had the worst average attendance of the three main parties – 85 percent, compared with the Jumhooree Party’s (JP) 91 percent and the ruling Progressive Party of Maldives’ (PPM) 93 percent.
It was the Maldivian Development Alliance leader, and Progressive Coalition member, Ahmed ‘Sun Travel’ Shiyam who had the worst attendance of any MP, appearing at less than half the sessions, reported Transparency.
Other than the Adhaalath Party, for whom Makunudhoo MP Anara Naeem is the only MP, Siyam’s MDA was the only party whose representation in the 18th Majlis has remained stable.
Despite winning 33 seats in the March polls, the PPM has now gained an additional 11 MPs, while its former ally the JP has a net loss of 2 seats.
After winning a disappointing 26 seats in the house, the MDP lost 4 MPs to opposition parties as well as expelling Majlis Deputy Speaker ‘Reeko’ Moosa Manik from the party.
Legislation
The most important legislative changes brought by the Majlis in 2014 were the Anti-Money Laundering and Counter-Terrorism Financing Act, the new Penal Code, the Special Economic Zone Act, and amendments to the Judicature Act.
The report describes the benefit of the money-laundering bill as preventing terrorism financing, kleptocracy, narco-trafficking, human trafficking, illicit arms trafficking, counterfeiting currency, corruption, and transnational organised crimes.
“Money laundering has potentially destructive social and economic consequences. It allows criminals such as drug traffickers, corrupt officials, and transnational organised crime syndicates to introduce illicit proceeds or ‘dirty money’ into legitimate finance streams as legal funds,” explained the anti-corruption NGO.
The new penal code – to be introduced in April this year – represents the culmination of 10 years’ work and will replace an old code that has been described by legal experts as obstructing the course of justice due to its “outdated” nature, read the review.
“In April 2004, the new penal code was finally passed, making it the first modern, comprehensive penal code in the world to incorporate the major tenets and principles of Islamic law.”
Parliamentary group attendance
The report described the government’s flagship Special Economic Zones Act as laying “an edifice for economic, industrial, social, financial and infrastructural development.”
“It allows economic activities to be carried out under a relatively liberal manner through tax exemptions to investors and developers.”
Despite the promise of major ‘transformative’ investment – yet to be realised, the opposition has argued that the bill will “allow the government to conduct transactions broadly with no transparency and no opportunity for oversight, as a result of which the possibility of losing the country’s independence and sovereignty would be high”.
Regarding the changes to the Judicature Act – which facilitated the removal of two Supreme Court judges – Transparency’s report pointed out its previous concerns over the “political influence on the judiciary in the Maldives”.
Amendments requiring the reduction of the bench from seven to five in December saw the JSC swiftly select Chief Justice Ahmed Faiz and Justice Muthasim Adnan in a decision marked for its lack of transparency.
The Majlis’ subsequent approval of the pair’s dismissal was described as a “black day for the constitution” by Faiz, while UN Special Rapporteur Gabriella Knaul predicted a “chilling effect” on the work of the judiciary.
Finally, the review of the Majlis’ work for 2014 noted the appointment of a number of key figures, including Prosecutor General Muhuthaz Muhsin – appointed after political wrangling saw the constitutionally mandated deadline for filling the position missed by six months.
After the Supreme Court removed the Elections Commission’s senior leadership less than a month before the Majlis elections, MPs appointed Mohamed Shakeel and Ahmed Sulaiman to the commission in November. They were also joined by Ismail Habeeb Abdul Raheem and Amjad Musthafa in receiving Majlis approval.
The Majlis appointment of President Abdulla Yameen’s nomination of Hassan Ziyath as the new auditor general in November was also a source of controversy, with outgoing auditor general Niyaz Ibrahim arguing that his removal had been unconstitutional.
Niyaz was ousted as a result of last minute changes to the Auditor General’s Act, proposed to the the Majlis by the PPM on the same day the audit office published a report implicating tourism minister and deputy PPM leader Ahmed Adeeb in a US$6 million corruption scandal.
Commissioner of Police Hussain Waheed says that it is a cause of concern that Maldivians nationals are leaving the country to fight in wars abroad.
It is necessary for all police officers to work together in order stop Maldivians joining wars abroad, he told fellow officers at a police function held yesterday (February 2).
If police receive any information regarding such a case, he added, it should be investigated by the intelligence department and adequate preventative measures should be taken immediately.
The commissioner’s remarks closely follow reports that a former mosque employee at Malé’s Indhira Gandhi Memorial Hospital and his wife had travelled to Syria for Jihad, entering ISIS-held territory after travelling to Turkey via Dubai.
The exact number of Maldivians abroad for Jihad remains unclear, with Haveeru reporting a group of six having departed last week, as well as a dozen more said to have gone to Syria at the start of January.
Waheed has previously estimated that around 50 Maldivians are working with foreign rebel groups, dwarfing figures suggested by Home Minister Umar Naseer in December.
Commissioner Waheed has said that police are working with the Islamic ministry and relevant government departments to prevent radicalisation, though he said the variety of people travelling for jihad made it hard to target the most vulnerable groups.
Despite assurances that the activities of radicals are being monitored, the group said to have left in early January included a number of individuals known to police.
The group included Azlif Rauf – a suspect in the murder of MP Dr Afrasheem Ali, and an individual arrested over the disappearance of Minivan News journalist Ahmed Rilwan. A private investigation into Rilwan’s case implicated radicalised gangs in what is believed to have been the 29-years-old’s abduction.
Last month, four would-be jihadis were apprehended in Malaysia, with media reporting that they were brought back to the Maldives and released after the authorities seized their passports. A similar group were returned from Sri Lanka in November.
In November, a jihadist group called Bilad Al Sham Media (BASM) – which describes itself as ‘Maldivians in Syria’ – revealed that a fifth Maldivian had died in Syria.
Defending the government’s stance on extremism and ISIS, Islamic minister Dr Mohamed Shaheem Ali Saeed told the Majlis late last year that “Maldives will not allow Maldivians to go and fight in foreign wars”.
“We do not support their [ISIS] extremist policies. We have repeatedly appealed to our beloved youth to refrain from falling prey to these ideologies,” he said.
India’s ruling coalition – the National Democratic Alliance (NDA) – has halted plans for establishing a SAARC Development Bank, Indian media reports.
Although the previous government’s proposal to establish the bank was endorsed by the 18th SAARC Summit in November, an Indian external affairs official was quoted as saying that feasibility studies had suggested it was an inappropriate time to establish the bank.
“We studied the contributions that can be made by other multilateral institutions, funding that can be sourced through external commercial borrowing route, but the shortfall after that is still huge. Ultimately, that shortfall has to be borne by India. So we decided to explore alternatives available,” said the unnamed official.
Meanwhile Indian Prime Minister Narendra Modi is reported to have submitted an “alternative proposal”, which his government is now working on. Modi has been a strong advocate of greater regional integration since assuming office, being seen as the driving force behind the resumption of the SAARC summit after a three-year hiatus.
The South Asian Association for Regional Cooperation comprises of Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan, and Sri Lanka.
Former President Mohamed Nasheed’s legal team have requested that the appointment of new judges to the vacant positions on the Hulhumalé Magistrate Court bench be halted.
The stay order was submitted at today’s High Court hearing in Nasheed’s case against the Judicial Services Commission (JSC) over the legality of the appointment process to the magistrates court.
Despite Nasheed’s representatives insisting that the court consider the request during the hearing, presiding judges asked that it be submitted in writing, saying that the court will deliberate on the issue in a timely manner.
Responding to the request, JSC lawyer Hussain Ibrahim said he was unable to respond as he was unaware that the process of appointing new judges to the Hulhumalé Magistrate Court bench was underway.
Nasheed’s lawyers attempted to add new points to the original case, but the judges again asked that the new point to be submitted in writing, in spite of further protests.
“This hearing will only take arguments from both sides regarding the procedural issue raised by JSC. We will only allow this trial to be conducted as scheduled”, stated Abbas Shareef, the presiding judge.
The case was first raised in 2012, and challenges the legality of the bench, which was assembled to try the opposition leader for the detention of Criminal Court Judge Abdulla Mohamed during his presidency.
JSC’s procedural issue
The JSC lawyer stated that he had no points to add to the arguments made prior to the case’s suspension in April 2013. These included claims that the Hulhumalé bench had been appointed on the orders of the Supreme Court, meaning that the High Court could not deliberate on the decision.
Ahmed Abdulla, member of Nasheed’s team, noted that the letter regarding the appointment of the bench was sent by the Supreme Court in the capacity of the Judicial Council, despite it having been written under a Supreme Court letterhead.
Therefore Nasheed’s lawyers contested that the decision cannot be interpreted as a Supreme Court ruling but must be regarded “an administrative decision by an administrative body”, which would enable the High Court to deliberate on its legality.
The Judicial Council was created under the 2010 Judicature Act to oversee administration of the courts, but its duties were soon absorbed by the Supreme Court in what has been described as a centralising of judicial power.
Hisaan Hussain and Abdulla Shairu also spoke on behalf of Nasheed today, while Hassan Latheef also represented the Maldivian Democratic Party (MDP) leader in court.
Conclusion
The hearing was concluded after a brief statement by Nasheed in which he requested that the High Court grant him the permission to travel freely during the period in between hearings.
Nasheed also expressed his hope that the court had not expedited his case because “we are moving towards the shade of the new penal code, which does not include the article under which I have been charged”.
The presiding judge ended the session with the announcement that a hearing will be held next week in which the court will deliver its verdict on the procedural issues raised by the JSC, explaining to Nasheed that he will be granted permission to leave Malé after making requests in writing.
The MDP yesterday described Nasheed’s trial as the government’s attempt to eliminate President Abdulla Yameen’s political opponents and to prevent them from contesting in the 2018 presidential elections.
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”.
Maldives Police Services have initiated a sea search for Abdullah Maail, a 24-year-old from Dhaalu Kudahuvadhoo who has been reported missing for seven days.
Police media told Minivan News that officers have finished searching the island where Maail was believed to have disappeared, and have now extended the search to the surrounding seas.
A police press statement released last week said that Maail was last sighted at Shaviyani Firunbaidhoo – an uninhabited island where he works as a farmer – and that he was last seen with his bags.
Police will work alongside the Maldives National Defense Force and have requested any information regarding Maail’s whereabouts be submitted to police hotline 332 2111.
Ahmed Murrath – the man sentenced to death for the 2012 murder of prominent lawyer Ahmed Najeeb – has told the High Court today that he was coerced into confessing by the police.
Speaking at his appeal hearing, Murrath was reported as saying that police threatened to arrest his parents before instructing him on what to say during his Criminal Court trial.
“The police even poked at my feet to remind me what to say while I was at the court chambers,” Haveeru reported the 29-year-old as telling the court today.
Murrath and his girlfriend Fathimath Hana, 18, were arrested and charged with Najeeb’s murder after his body was discovered by police stuffed inside a dustbin, badly beaten with multiple stab wounds.
Though she did not confess to murdering Najeeb, Hana was also found guilty of the crime and sentenced to death, less than a month after the murder. She has also filed an appeal case at the High Court and is awaiting trial.
Murrath had previously confessed to having killed Najeeb, saying the crime had been committed in a fit of rage, and under the influence of drugs, suggesting Najeeb had attempted to sexually assault his girlfriend.
His lawyer had previously told the High Court that Murrath confessed in order to escape punishments he received during the investigation period, including sleep deprivation.
In addition, the lawyer said his client’s responsibility was diminished due to the influence of drugs, and that he had the right to retract his confession as there were no witnesses to the crime.
Murrath’s appeal case was filed after the previous 90-day appeal deadline had expired, however the high court still chose to accept the case.
Meanwhile, in a ruling deemed unconstitutional by legal experts and the political opposition, the Supreme Court has shortened the appeal period to just 10 days.
Last year, the cabinet advised President Abdulla Yameen that there was no legal obstruction to implementing the death sentences, after Home Minister Umar Naseer ordered an end to the 60-year moratorium on executions.
The order closely followed the conclusion of the Dr Afrasheem Ali murder trial, in which Hussein Humam was sentenced to death. Similarly, Humam also claimed that his confession was given under duress.
Yameen’s government has since pledged repeatedly that it would not hesitate to implement the sentence, with the president reported as saying last week that it was only the lengthy judicial process that had prevented executions so far.
Most recently, the Criminal Court sentenced Mohamed Niyaz of Kaaf Thulusdhoo Redrose to death after he was found guilty of murdering 35-year-old Ali Shiham on the night of July 31 last year.
A recent report from Amnesty International estimated that around 20 individuals were currently facing the death sentence in the Maldives, though the Prosecutor General’s Office has yet to release official figures.
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