Day: April 12, 2015

Penal code delayed amid opposition MPs’ protest

Parliament has approved a three-month delay for the implementation of the new penal code amid vociferous protests by opposition MPs on the People’s Majlis floor.

The new penal code was ratified a year ago and was due to come into force tomorrow, but the ruling Progressive Party of Madives (PPM) claims more time is needed to raise awareness among the public.

However, both the attorney general and prosecutor general have said there is no reason to delay enforcement. The government has trained some 1,100 individuals including state prosecutors, police officers, customs staff, lawyers and journalists on the new law.

Critics say the existing penal code adopted in 1966 is outdated, draconian and not in line with international human rights conventions the Maldives is signatory to.

The main opposition Maldivian Democratic Party (MDP) contends that the postponement is a “politically motivated attempt to continue using the current penal code as a means to harass and intimidate the opposition.”

Hundreds of protesters face harsher punishment for ‘disobedience to order,’ a charge MDP argues the government uses to suppress rights to expression and assembly.

While similar offences are included in the new penal code, the punishment for protesters who do not have a criminal record would have been less severe as judges are required to take mitigating factors into consideration under sentencing procedures.

Show of hands

The government-sponsored amendment bill to the penal code was passed with 43 votes in favour and one against at an extraordinary sitting of parliament held today.

Prior to voting, MDP MPs took over the speaker’s chair and the secretariat desk and protested with megaphones and sirens, leaving Speaker Abdulla Maseeh Mohamed unable to use the electronic voting system and forcing secretariat staff to vacate their chairs.

In a scuffle between pro-government and opposition MPs, PPM MP Ahmed Assad grabbed and smashed one of the megaphones.

Pro-government MPs meanwhile surrounded Speaker Maseeh as he used a megaphone to ask for a show of hands. The secretary-general walked around the chamber and took the count.

Adhaalath Party MP Anara Naeem voted against the legislation.

MDP MPs have said the voting took place in violation of parliamentary rules as there was disorder in the chamber.

“During this time of increased political opposition to the [Abdulla] Yameen government, the MDP condemns the government’s use of their political majority to cripple the criminal justice system and restrict the rights of all Maldivians,” the party said in a statement.

However, majority leader Ahmed Nihan said former Speaker Abdulla Shahid had called a vote under similar circumstances in 2011, which can be considered a precedent under the standing orders.

Human rights NGO Maldivian Democracy Network has called on President Yameen not to ratify the amendments as the current law “is widely understood as draconian and unreflective of the democratisation process that was introduced to the Maldives through the constitution ratified in August 2008.”

Preparations

Speaking at a symposium about the new penal code yesterday, Attorney General Mohamed Anil said the country should bid farewell to the existing law “without any fear” as it was unsuited to the present day.

Former Prosecutor General Hussain Shameem told Minivan News today that 98 percent of police investigators have been provided extensive training as part of preparations for implementing the penal code.

Shameem has been involved in the training as a senior legal consultant at the Legal Sector Resource Centre established by the attorney general’s office with assistance from the UNDP to train and sensitise stakeholders.

A phone application for the penal code was launched yesterday and 12 information papers were published on the penal code website, he added.

Shameem noted that the website features an ‘ask us’ interactive function, marking the first time questions can be posed to experts regarding a Maldivian law.

“So the government is ready. The public are ready as all this information has been provided through the media as well. The documents and phone application are available. We have never been more prepared for a law than this,” he said.

Majority leader Nihan meanwhile told reporters that the PPM parliamentary group did not consult the attorney general’s office before today’s vote.

Nihan said ruling party MPs did not believe the public was adequately prepared, adding that the state broadcaster should show educational television programmes.

Revisions based on issues raised by religious NGOs can also be incorporated during the next three months, he said.

NGO Salaf said today that the new penal code is contrary to the principles of Islamic Sharia.

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Ex-defence minister appeals weapons smuggling sentence

Former defence minister Mohamed Nazim has appealed an 11-year jail term on weapons smuggling at the high court today.

Nazim’s defence team said the criminal court had failed to provide a required report into court proceedings by the 2pm appeal deadline today.

The US and UK have criticised Nazim’s trial for apparent lack of due process, and the opposition has been protesting daily for his release.

Nazim’s lawyers said the criminal court’s failure to provide the case report “hampered” his right to appeal and that the new 10-day appeal deadline was too short to file an appeal. The Supreme Court had shortened the 90 day appeal period to 10 days in January.

The retired colonel is currently in Singapore seeking emergency medical treatment unavailable in the Maldives. He left Malé on Friday with his wife.

“Nazim said to let the public know he will not flee and will return as soon as his treatment is completed,” a family member said.

Although inmates are usually allotted three months for overseas treatment, Nazim was only given 45 days. The home ministry authorised him to travel to Singapore only, despite the family saying Singapore was too expensive for medical care.

The inmate’s families are usually required to bear expenses for overseas medical treatment.

After a midnight police raid in January, officers said they had confiscated a pistol, bullets and a pen drive containing information that Nazim was plotting a coup d’etat and planning to harm the president, police commissioner and tourism minister. Nazim says the items were planted.

He requested permission to travel overseas three weeks ago after his doctor advised him to undergo some tests unavailable in the Maldives.

The family has declined to reveal details of Nazim’s medical condition, but said it needs to be monitored and treated.

No prison guards will travel with him, but the correctional service and a guardian from the family will come to an agreement under which the guardian will be responsible for the inmate.

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MP Mahloof released after winning protest ban appeal

Independent MP Ahmed Mahloof was released from police custody today, after the high court overturned an ‘unconstitutional’ 15-day detention order and protest ban.

Mahloof was arrested from an opposition protest on March 26 for crossing a police barricade, but since then the criminal court repeatedly re-detained him when he refused to accept a conditional release that would require him to stay away from protests for 30 days.

“The High Court said Mahloof can only be held in custody if there is reason to believe he may flee or fail to attend court hearings. Judges said attending protests is not a reason for detention,” lawyers said.

Mahloof, a close associate of former President Maumoon Abdul Gayoom, was expelled from the ruling Progressive Party of Maldives (PPM) in February after he publicly criticised President Abdulla Yameen and the government.

He is now part of the Alliance against Brutality, an anti-government coalition, which has been protesting daily over the imprisonment of rival politicians including former president Mohamed Nasheed.

Speaking to the press today, Mahloof apologised for campaigning to bring president Yameen to power.

“I would like to apologise to the people of Maldives for helping such a brutal ruler assume power,” he said.

Human rights group Madivian Democracy Network said the criminal court had released at least 50 protesters on the condition they do not participate in further protests for 30-60 days.

Former president of the main opposition Maldivian Democratic Party (MDP) Dr Ibrahim Didi was arrested and held for 15 days last month when he was seen at an opposition protest after having agreed to the criminal court’s conditional release.

Dr Didi was released yesterday.

Earlier in March, MDP MP Fayyaz Ismail was held for 15 days when he too refused the criminal court’s conditional release.

MDP MP Eva Abdulla today called on opposition supporters to disobey unlawful court rulings, and urged the watchdog judicial services commission (JSC) to punish “unqualified judges.”

“What we have here are judges who do not know democracy dispensing unconstitutional sentences. But the checks and balances provided in our constitution is simply not working. The JSC refuses to investigate the judges, and the parliament controlled by the government refuses to hold the JSC accountable. Ultimately, the people are denied any form of justice,” she said.

Last week, the police denied family visits to Mahloof after they discovered “illegal” areca nuts in his pocket.

Mahloof today accused the police of discrimination, saying his lawyers were only allowed to see him before 6pm, while others could see their clients until 11pm.

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