Day: April 19, 2015

Supreme Court barred judges from penal code trainings

The Supreme Court barred judges and magistrates from attending trainings on the new penal code, Minivan News has learned.

The penal code was ratified a year ago and was set to come into force this month, but the ruling Progressive Party of the Maldives has delayed its enactment by three months.

According to judges and lawyers, the Supreme Court denied permission for judges and magistrates to attend trainings conducted by the attorney general’s office and UNDP at a special legal sector resource center, which was set up last year to train law enforcement agencies, judges, lawyers and journalists on the new penal code.

“The penal code is a large, extensive document with criminal proceedings that is new to the Maldives. I wanted to attend but the Supreme Court wouldn’t give us permission,” a judge who wanted to remain anonymous said.

The existing penal code was adopted in 1968 and has been criticised as draconian, outdated and not in line with the democratic constitution of 2008.

Former Deputy Prosecutor General Hussain Shameem, who has trained 1099 individuals on the new penal code, said the legal resource center had invited all judges and magistrates, but “none of them attended the trainings.”

Shameem says the legal resource center could train all of the 186 judges and magistrates in the country within two weeks.

Lawyers have meanwhile expressed concern over judges’ capability in implementing the new penal code without the required trainings.

“The penal code has a whole new section on sentencing. It is completely different from procedures used before,” said Hassan Shiyam Mohamed, who advised a parliament committee that had drafted the new penal code.

“It is imperative that judges be trained on its application. We don’t want to see a situation where everyone else is more fluent in it than the judges. I really don’t understand the Supreme Court’s decision.”

The Department of Judicial Administration, which functions under the Supreme Court, says it is now planning a separate training for judges next month, but an official from the DJA said the apex court has not yet approved the trainings.

“There will be a seminar on the penal code for selected magistrates next month. The seminar will be headed by the Commonwealth,” he said.

The Supreme Court was unavailable for comment at the time of going to press.

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Inter-generational violence and state negligence led to Ibthihaal murder, says police

Inter-generational violence and state negligence led to the abuse and death of three-year-old Mohamed Ibthihaal in January, police have said.

Chief Inspector Abdulla Satheeh said negligence by government authorities and the island community on Vaavu Rakeedhoo was partly responsible for the toddler’s murder.

“Investigating the death is not enough, wide investigation into circumstances surrounding his death is also important,” Satheeh told the press on Thursday.

Ibthihaal’s body was found with signs of severe abuse on January 28 in the worst case of child abuse in recent years. The murder shocked the nation while reports that officials had been aware of Ibthihaal’s abuse sparked public outrage.

The boy’s mother, Fathmath Afiya, was arrested for murder two days later and has since been held in remand detention.

Afiya’s stepfather, Ismail Raoof, was arrested on April 1 on suspicion of physically and sexually abusing Ibthihaal.

Satheeh said marks on the child’s neck indicated that he had been strangled.

Police also found swelling on the right side of his forehead, scrapes on his face, wounds on his right ear and scars all over his body. Some of his ribs were broken as well.

Satheeh said Ibthihaal’s death was caused by “major injuries” while some older scars remained unhealed.

“Mohamed Ibthihal had received physical and psychological harm from different individuals on different occasions, for a long period of time,” he said.

Police explained that Ibthihaal had been under the care of his maternal grandmother from the age of one and lived with her in Vaavu Keyodhoo and Meemu Madduvari.

Afiya’s stepfather is suspected of having abused Ibthihaal at the time.

Seven months before his death, Ibthihaal was brought back to Rakeedhoo to live with his mother, where his psychological and physical abuse continued.

Afiya had two other children at the time and is accused of mistreating Ibthihaal, neglecting to feed or wash the boy.

Satheeh said Afiya’s husband, Ibthihaal’s step father, took care of the boy.

On the day before his death, Afiya had not fed Ibthihaal after giving the boy a glass of juice. His stepfather fed him after coming home that night, Satheeh said.

Police suggested that Afiya’s anger towards her son stemmed from rumours surrounding his birth. Ibthihaal was reportedly born out of wedlock.

During her interrogation, Afiya confessed to severely beating Ibthihaal after waking up in the morning “because of the anger she had towards him”.

Afiya said she called for help when she saw no movement from the child.

Local media has reported that Afiya was also a victim of sexual abuse.

Afiya’s stepfather, Raoof, had previously been banished by the Vaavu Keyodhoo court after being found guilty of abusing a step-child. Afiya was reportedly the victim of the abuse.

Negligence

In its submission to the UN’s Universal Periodic Review, the human rights watchdog said children born out of wedlock face discrimination in the Maldives.

Illegitimate children were denied their father’s name, inheritance and child maintenance, the Human Rights Commission of the Maldives said.

The commission noted that the absence of requisite procedures, inconsistencies in institutional applications and lack of sensitivity among law enforcement and judiciary towards domestic violence are fundamental issues faced in implementation of Domestic Violence Act.

Limited capacity of investigators and their belief that such cases are family matters inhibit victims from getting redress.

“Reporting of domestic violence cases remain low as a result of lack of confidence in the system, fear of intimidation by perpetrators, stigmatisation and inadequate information on protection measures,” the commission stated.

“Violence against children takes place in all settings. Only a small proportion of reported child abuse victims gets justice and remains re‐victimised due to systemic failures.”

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Chief judge praises criminal court over Nasheed’s trial

Chief judge Abdulla Mohamed has praised judges and staff at the criminal court for the swift conclusion of former president Mohamed Nasheed’s terrorism trial which related to the judge’s arrest in 2012.

The criminal court handed Nasheed a 13-year jail term, sparking international outrage and daily protests across the country.

“The Maldivian military was brought to alert, tents set up at the justice building, scan machines were kept, and the whole country was brought to alert,” Judge Abdulla was quoted as saying by local media.

“A three-judge panel was formed, and a verdict was delivered in 19 days by criminal court judges and staff in a case that couldn’t be concluded in three years,” the chief judge said at a function held last night to mark the court’s anniversary.

Nasheed’s rushed trial was widely criticised by foreign governments, the UN, and Amnesty International for its apparent lack of due process.

Judge Abdulla meanwhile said criminal court judges and staff were awake at night and during weekends while the rest of the judiciary was asleep.

The court proved that the “judiciary is awake” after “matters reached the state where some people believed the judiciary was incapable.”

In addition to Nasheed, his defence minister Tholhath Ibrahim Kaleyfaanu, then-chief of defence forces Moosa Ali Jaleel, then-Malé Area Commander Brigadier General Ibrahim Mohamed Didi, and ex-colonel Mohamed Ziyad were charged with terrorism over the judge’s arrest.

Tholhath was found guilty and sentenced to 10 years in prison.

Nasheed has meanwhile accused Judge Abdulla of involvement in a “contract killing,” and said he had blocked an investigation into his misconduct by the judicial watchdog, and obstructed the police from carrying out their duties.

Judge Abdulla last night also said unlawful arrests by the state have not come to an end, despite six years passing after the adoption of the 2008 constitution.

Seven cases of unlawful detention were submitted to the court last year, he said.

Judge Abdulla said last year’s cases of unlawful arrest included four expatriates suing the immigration department, and one expatriate suing the police. In addition, three Maldivians sued police and the correctional services.

He also referred to the arrest of then-MP Abdulla Yameen and MP Gasim Ibrahim in 2010.

“There’s no doubt that these matters will become a lesson in Maldivian history,” judge Abdulla reportedly said.

He called for more benefits and additional security to criminal court judges.

Lack of space and facilities at the court posed difficulties in providing lawyers access to their clients and the ability to study case documents, the chief judge said.

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Tourism minister challenges opposition to a confrontation on May Day

Tourism minister Ahmed Adeeb has challenged the opposition to a confrontation on May Day, prompting renewed calls for dialogue from human rights groups.

“Even if its May 1, June 1 or that grand February 27, if you dare to confront us, come, this government stands ready,” Adeeb said in southern Addu City on Saturday.

The government and opposition are at loggerheads over the imprisonment of opposition leaders including former President Mohamed Nasheed and former defence minister Mohamed Nazim.

Adeeb said the opposition is on a campaign to usurp control of the government, but said no amount of protesting “even if [protesters] wear out their slippers” would affect the government’s hold on power.

“I say, very loudly, we will not tolerate any bloodshed of or even a scrape on any young person, police officers or military officers,” he warned.

The opposition Maldivians Against Brutality coalition has meanwhile issued an ultimatum to the government to initiate talks by April 30, and has vowed to bring over 25,000 people on to the streets of Malé on May 1.

The coalition – made up of Maldivian Democratic Party, Adhaalath Party, members of Jumhooree Party, independent MPs and members of Nazim’s family – have been canvassing for support in the north and south of the country.

Speaking at a rally in Addu City on Friday, MDP chairperson Ali Waheed said: “We will not come out on the streets at 4pm, only to go home at 6pm. We will go home only when we see results. So everyone must go to Malé.”

Over 10,000 opposition supporters had staged a march in Malé on February 27 following Nasheed’s arrest, but the rally was unexpectedly called off at 6pm when the police threatened a crackdown.

Waheed in a separate speech on Thursday in Malé said President Abdulla Yameen cannot remain defiant on May Day and called on the police not to confront the “army of protesters.”

Yameen last week said he has no role in Nasheed and Nazim’s release, urging them to seek an appeal through the courts instead. But their lawyers say they have no hope of a fair trial due to the executive’s control of the judiciary.

Human rights NGOs today reiterated calls for dialogue, with the Maldivian Democracy Network (MDN) warning that May Day “now appears be the last day for a peaceful resolution.”

“It is already too late, negotiations should have taken place earlier. The government must heed the opposition’s calls, and both sides must refrain from any moves that may lead to conflict and confrontation,” MDN’s executive director Shahindha Ismail said.

She condemned what she called a gradual but increasing crackdown on protesters in recent weeks, noting hundreds have been arrested and now face charges, while the criminal court had unlawfully detained several protesters for weeks without charge when they refused a conditional release which would bar them from further protests.

Transparency Maldives also urged for calm and restraint, and appealed to the government to allow protesters to peacefully voice out their concerns.

“We are very concerned. These are political disputes, they must be solved through dialogue, not by jailing rival politicians,” TM’s Mohamed Thoriq Hamid said.

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World Bank reiterates concern over unsustainable spending

The Maldives is spending beyond its means with government expenditure outstripping revenue for years, the World Bank has warned.

Contrary to the government’s estimate of 3.4 percent of GDP for the fiscal deficit in 2014, the World Bank said the deficit has been on “an upward trajectory since 2011” and reached an estimated 11.6 percent last year.

“Despite high revenue of 32.4 percent of GDP, Maldives is spending beyond its means reaching 44 percent of GDP, leading to persistent fiscal imbalances,” reads the South Asia Economic Focus 2015 report released last week.

“Subsidies, transfers and social welfare payments contributed substantially to the expansive spending,” the report stated.

The spike in expenditure resulted from President Abdulla Yameen’s decision to increase wages and an allowance to senior citizens from MVR 2300 to MVR 5000.

The World Bank meanwhile said the country’s risk of external debt distress has been reduced from high to moderate due to revised estimates of a lower current account deficit.

However, overall public debt is high at 74.6 percent of GDP in 2014, the report noted.

“Although the level of external public and publicly guaranteed debt remains below the policy-dependent thresholds under the baseline, a shock to tourism exports could make it difficult for the country to service its external debt,” the World Bank cautioned.

While imports and tourism receipts nearly balance each other out, the report explained that  “substantial outflows through interest payments, dividends and remittances keep the current account in a deficit at 8.0 percent of GDP.”

“The current account is more than fully financed by Foreign Direct Investment (FDI), and gross international reserves are estimated to have increased. Net FDI inflows are estimated at 13.3 percent of GDP,” it added.

Usable reserves are estimated at US$120 million, enough for less than half a months imports, but “the private sector is able to supply sufficient quantities of foreign exchange.”

“Faced with limited investment opportunities in the private sector, banks are parking their assets elsewhere; meanwhile financial soundness indicators have been improving,” it added.

Challenges

While the government’s forecast for economic growth in 2015 is 10.5 percent, the World Bank said growth is projected at five percent and warned of a negative impact from spending cuts.

The International Monetary Fund has also welcomed the government’s cost-cutting and revenue raising measures for 2015, including imposing a green tax, acquiring fees from Special Economic Zones, raising import duties, a public employment freeze, and better targeting of subsidies.

The World Bank meanwhile suggested that state-owned enterprises may pose risks as “most are loss-making and depend on government support”.

Only nine companies have contributed dividends in the past four years, it noted.

“The immediate macroeconomic challenge is the fiscal and external imbalances driven by high and rising public spending,” the report advised.

“However, the economy also remains undiversified and sources of growth and employment remain misaligned. Besides, Maldives’ form of tourism- led growth has followed an enclave model, reliant on imported goods, labor and finance.”

Balancing the budget in two years is a campaign pledge of president Yameen, who said last year that the record MVR24.3 billion (US$1.5 billion) state budget for 2015 has a “primary balance surplus.”

The projected fiscal deficit for 2015 is MVR1.3 billion (US$84 million) or 2.5 percent of GDP, which president Yameen said was allocated for arrears or unpaid bills from recent years.

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