Court releases Maldivian accused of kidnapping Bangladeshi migrant workers

The criminal court yesterday released a Maldivian man suspected of kidnapping, beating and robbing two Bangladeshi migrant workers.

Police officers broke into a second floor office apartment in Malé in the early hours of Monday morning after receiving reports of the kidnapping and arrested the 34-year-old suspect.

“Police found the two Bangladeshi men aged 23 and 24 in the apartment with noticeable bruises. Our investigations found the two Bangladeshis were robbed of a large sum of money,” said police.

The suspect was released after he was taken before a judge for extension of remand detention.

Police are searching for a Bangladeshi and a group of Maldivians suspected of involvement in the kidnapping.

Minivan News understands the Criminal Court released the suspect citing the lack of an arrest warrant authorising entry into the apartment. The court also said the suspect was not arrested from the crime scene.

However, police said “the suspect was detained at the crime scene.”

The Maldives Police Service with the help of the prosecutor general’s office has since appealed the Criminal Court’s decision to release the man.

According to legal experts, the constitution allows police to enter a private residence without a warrant under special circumstances.

“The constitution provides circumstances for police to enter a household without a warrant if they have sufficient evident of a life being threatened,” said Mohamed Shafaz Wajeeh, a lawyer.

“But establishing the circumstances in court would fall on the institution that wants to extend the period of custody.”

Speaking to Minivan News, the owner of the house in the Galolhu ward where the two Bangladeshis were held captive said the pair were kept at a leased second floor apartment.

“The police came around three in the morning. They called several times to open the door and broke in after the people inside did not respond,” she said.

“I think the Maldivian they arrested was not even sober.”

The leased apartment is the offices of Bisado Maldives, a recruitment and employment agency established in 2014, according to their Facebook page, and Brexco Private Limited, a registered construction company.

Local NGO Transparency Maldives (TM), which provides legal aid to locals and expatriates, expressed concern over the “lack of priority for foreign worker rights”.

“Expatriates are in a vulnerable situation in Maldives. It is very important that society sees and seeks the rights of foreigners at the same level as the locals,” said Ahid Rasheed, a senior project coordinator at TM.

The police also face challenges in successfully closing criminal cases involving foreign workers, the NGO noted.

“In many cases we have seen the sponsors send them back to their countries if any problem arises. So we have difficulties in judicial process, mainly in getting witness statement in courts,” a police media official said.

The former Bangladeshi High Commissioner for Maldives, Selina Mohsin, described the situation of Bangladeshi workers in the country as “bizarre and horrifying” after a spike in violence against migrant workers last month.

A Bangladeshi waiter in a local café was murdered in March and four others stabbed the following week. In 2014, police rescued a Bangladeshi held captive in a migrant workers accommodation block while a chained man was discovered by locals in 2009.

The vice president of the Human Rights Commission of Maldives Ahmed Tholal has described the recent spate of attacks against Bangladeshi workers as “hate crimes”.

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Maldives considered GMR buyout, but lacked funds

The Maldivian government considered buying out the 2010 airport development contract from India’s GMR, but lacking the necessary funds declared the agreement invalid, Minivan News can exclusively reveal.

The Maldives is now facing a payout to GMR, potentially as high as US$803 million or over half of the state budget, after a Singaporean tribunal last year ruled that the agreement was valid and binding.

The government, however, expects the compensation claim to amount to US$300 million. The exact figure is yet to be determined by the tribunal.

Testimony by cabinet ministers and airport company officials – in a separate arbitration between the government and an Indian bank over the airport deal – show that ex-president Dr Mohamed Waheed Hassan asked his cabinet to estimate the sum required to buy out the concession agreement from GMR.

Minivan News has obtained the opening submissions by the government and the Axis Bank made in February and March, respectively.

According to the submissions, then-minister of youth and sports, Mohamed ‘Mundhu’ Hussain Shareef, said the cabinet did not “have the necessary information to make a reliable calculation, but the potential figures were intimidating … As it was the country would have had difficulty paying even US$200 million.”

Former defence minister Mohamed Nazim said what the cabinet “did establish was that it was almost certainly more than either MACL [the Maldives Airports Company Pvt. Ltd] or the government was in a position to pay.”

The inability to buy out GMR led to a political impasse, Shareef said.

At the time, the Adhaalath Party had issued a six-day ultimatum to the government to nationalise the airport.

The religious conservative party in alliance with the Progressive Party of the Maldives, the Jumhooree Party and a coalition of NGOs had played a key role in ousting former President Nasheed and bringing his deputy Dr Waheed to power.

Shareef said the coalition’s opposition to the concession agreement was one of the main reasons behind Waheed assuming the presidency.

The emergence of the void ab intio or invalid from the outset argument was a way out from the political impasse, he said.

Ibrahim Mahfooz, a director at the state-owned MACL at the time, said president Waheed had also asked the company for an estimate of the sum required to buyout GMR, but said it was clear to the company’s board that the sum would exceed what they or the government could immediately afford.

If president Waheed has asked the company to buy out GMR, “I expect that we would have asked for time to attempt to borrow the money and if President Waheed had insisted on our acting immediately, I expect that some of us would have resigned, forcing President Waheed to appoint new board members who were willing to comply,” Mahfooz said.

At a cabinet meeting on November 27, 2012, ministers unanimously agreed to terminate the deal with GMR.

“This entire agreement has to be brought to an end, as it is believed by everyone that the agreement is invalid and cannot be continued legally,” Dr Waheed said, according to cabinet meeting minutes submitted to the tribunal.

Then-vice president Mohamed Waheedudeen said: “This cabinet represents a lot of political parties. Amongst them, almost everyone does not want to renegotiate this agreement, and wants to terminate this agreement.

“The decision taken today will be for national independence; this country’s existence as nation in the future and making it possible for the coming generations to inherit this nation. And for these reasons the agreement should be terminated.”

The government’s takeover of the airport led to a cooling of relations between India and the Maldives, with India imposing visa restrictions on Maldivians seeking medical treatment in India and ceasing the export of some construction materials.

In the submissions obtained by Minivan News, the Maldives said GMR and Axis Bank had successfully lobbied India for the sanctions.

The restrictions were only lifted after President Abdulla Yameen assumed power in November 2013.

The Axis Bank is seeking repayment of the US$160 million loan as well as an additional US$10 million as interest and fines from the Maldivian government. The bank contends that state is liable for the loan in the event of an early termination or an expropriation of the airport.

The government first argued that declaring the concession agreement void ab initio did not amount to an early termination.

Following the verdict in the GMR tribunal, which said the government had repudiated or refused to honour the terms of the agreement, the government claimed a repudiation did not amount to an early termination.

The Axis Bank, however, says the GMR arbitration ruling is not applicable in its case, arguing that the bank is not bound by the ruling issued in a separate, private and confidential arbitration.

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Parliament reverses import duty hikes for garments and motorcycles

The parliament today reversed import duty hikes for garments and motorcycles, three weeks after increased rates came into force.

Higher tariffs approved by parliament in December as part of revenue raising measures proposed by the government came into force on April 1.

However, days before the changes took effect, economic development minister Mohamed Saeed told the press that the government was reviewing the new rates as motorcycles had become “a basic need in the Maldives”.

The custom duty for motorcycles had been raised from 100 to 150 percent.

A marketing executive at Sheesha Pvt Ltd, one of the largest automobile whole-sale and retail traders in the country, told Minivan News today that the company has not increased prices as its last shipment arrived before April 1.

Sales picked up dramatically in early February and its stock of motorcycles was completely sold out before April, the executive said.

In late March, hundreds of people queued up to buy cigarettes before import duties on tobacco was hiked from 150 to 200 percent and from 90 laari to MVR1.25 for a single cigarette.

The amendments passed today also require the customs authority to reimburse motorcycle importers who were charged the hiked rates from April 1.

However, Sheesha does not expect a reimbursement as its new shipment has not cleared customs yet.

According to a 2011 report by the Environment Protection Agency, one in six residents of the capital own a motorcycle.

Debate and voting on the government-sponsored legislation meanwhile took place today amid continuing protests by opposition Maldivian Democratic Party (MDP) MPs.

The amendments to the import-export law submitted by Progressive Party of Maldives (PPM) MP Jameel Usman were passed with 46 votes in favour.

The import duty for ready-made garments was raised from zero to 15 percent in April last year. The rate will be brought back to zero once the amendments are ratified.

MP Ahmed Nihan, parliamentary group leader of the PPM, said today that discussions are ongoing with the government to reduce tariffs for other items as well, including heavy-duty vehicles used for construction.

Former minister Mahmoud Razee told Minivan News earlier this month that the government was “flip-flopping” with its policy reversals.

In December, the government also reversed a decision to impose a 10 percent import duty on staple foodstuff such as rice, flour, wheat and sugar.

“There’s no clear-cut, defined, long-term policy,” the economic development minister under the MDP government said.

Revenue raising measures

This year’s record MVR24.3 billion (US$1.5 billion) state budget includes MVR3.4 billion (US$220 million) anticipated from new revenue raising measures.

In addition to revisions of import duty rates, the measures include the introduction of a “green tax” in November, acquisition fees from investments in special economic zones, and leasing 10 islands for resort development.

The government expected MVR533 million (US$34.5 million) in additional income from import duties.

On April 1, the import duty for oil or petroleum products was raised from zero to 10 percent while duties for luxury cosmetics and perfume was increased from zero to 20 percent.

The import duty for cars, vans, and jeeps was hiked to 200 percent.

Import duties were also raised in April 2014 for most items, including textiles, cotton, sugar confectionaries, iron, steel, diesel motor oil, and seat covers of passenger vehicles.

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Parliament sitting proceeds with security officers

Today’s sitting of parliament proceeded with speaker Abdulla Maseeh Mohamed surrounded by People’s Majlis security personnel.

Maseeh was forced to adjourn yesterday’s sitting after opposition Maldivian Democratic Party (MDP) MPs approached the speaker’s desk and screamed into his mic.

The parliament secretariat also resumed providing a live feed of the sitting to television stations this morning, after ceasing the popular service when opposition MPs began protesting in the chamber on March 2.

However, the speaker continued proceedings while debates were inaudible to the viewing gallery due to the disorder. The speaker did not invoke authority under parliamentary regulations to order the sergeant-at-arms to expel disruptive MPs.

Earlier this week, changes proposed by speaker Maseeh to the parliamentary rules to ban horns, sirens and megaphones were approved by the pro-government majority.

During today’s debate on amendments to the import-export law, MDP MPs surrounded ruling coalition MPs and held up placards calling for the release of imprisoned opposition leader Mohamed Nasheed.

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State company uproots tree planted by ex-president Nasheed

Officials of the government’s road corporation on Monday night uprooted and burned a tree planted by ex-president Mohamed Nasheed in Thaa atoll Vilufushi.

Vilufushi island councillor Hussain Jabeen, a member of the opposition Maldivian Democratic Party (MDP), was later arrested for allegedly threatening employees of the corporation over the incident.

Vilufushi councillor Ibrahim Shafiu told Minivan News that officials from the island subdivision of the Maldives Road Development Cooperation (MRDC) uprooted the tree around 12:00pm on Monday, claiming it was impeding road construction.

“Usually when they uproot trees from the green area they ask for our permission and for where else to keep them. This time they did not say anything before uprooting the tree and burning it at the garbage dump,” said Shafiu.

The incident comes in a highly charged political environment with the opposition alliance gearing up for a mass anti-government rally on May 1.

Nasheed was sentenced to 13 years in jail on terrorism charges last month.

The opposition-dominated Vilufushi island council has also put out a statement condemning the act as “uncivilised and cowardly.”

Shafiu accused the road corporation employees of targeting the tree planted by the then-president Nasheed during a visit in April 2011, noting that other trees at the green zone have not been uprooted.

However, Ahmed Mamdhooh, deputy manager of the MRDC, told Minivan News that the council gave approval for uprooting trees ahead of laying tar for the road construction project.

Island councillor Jabeen was meanwhile arrested with a court warrant after midnight on Tuesday. He was accused of damaging iron rods on the road development site and verbally abusing and threatening the corporation’s employees.

Jabeen was taken to the police station on the nearby island of Madifushi and later brought before a magistrate for extension of remand detention.

However, the magistrate court released the island council president from police custody.

Speaking to Minivan News today, Jabeen denied the allegations, saying he politely spoke to management officials and objected to the uprooting of a tree planted by a former president.

He also said the council alone cannot authorise removal of trees and that the road corporation had to seek permission from the land survey authority as well.

Councillor Shafiu also said he went with Jabeen on Monday to meet the corporation’s senior staff, who refused to meet the councillors.

The pair then went to the road development site, sought out the manager, and asked for an explanation, he continued, but were told that the management officials were unaware of the incident.

Jabeen said the tree had been targeted before by pro-government supporters.

“Even in the past people have thrown petrol on the tree and cut off the branches, but it grows back each time,” he said.

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Transparency Maldives urges state officials not to accept ‘arbitrary gratuities’

Transparency Maldives (TM) has urged the heads of independent institutions to refrain from accepting “arbitrary gratuities” from the government.

The government awarded luxury flats at discounted prices last month to Supreme Court justices and four heads of independent bodies, including the Anti-Corruption Commission (ACC), in what it called an attempt to “ensure their integrity.”

The anti-corruption NGO won the inaugural ‘National Integrity Award’ introduced by the ACC and handed out at a ceremony held last night to mark the first national anti-corruption day. The auditor general’s office was the other recipient of the award.

“While Transparency Maldives appreciates the efforts to acknowledge our core values and community services, we reiterate that upholding the integrity of independent institutions is an integral mandate of high ranking public posts in these independent institutions,” the NGO said in a statement today.

“As such, we call upon the heads of independent institutions to refrain from accepting arbitrary gratuities from the government.”

TM also urged independent bodies to “safeguard from undue influence and allegations of bribery and corruption in order to uphold the value of integrity and increase public confidence in independent institutions.”

TM said the organisation is “honoured” to have the received the award and “appreciates the acknowledgement of integrity as a fundamental premise to a healthy society”.

Speaking at last night’s ceremony held on the island of Kulhudhufushi in Haa Dhaal atoll, ACC president Hassan Luthfy reportedly said that loopholes in the law posed difficulties in investigating corruption allegations and securing convictions.

He called on MPs to pass a criminal procedures code and an evidence law and include ‘illicit enrichment’ as an offence in the new penal code.

In 2014, the commission concluded 783 investigations and forwarded 35 cases for prosecution, seeking to recover MVR1.4 million (US$90,791) owed to the state.

“Gratuities”

Luthfy confirmed to Minivan News last month that he had signed a contract to buy one of the apartments at the discounted price.

Flats were also awarded to all five Supreme Court justices, the prosecutor general, the commissioner general of customs, and the information commissioner.

While the state can provide privileges to state officials “based on need and limited to the duration of employment of individuals”, TM noted at the time that the flats are “permanently contracted by the executive to public officials holding time-bound positions of the state”.

“The offering of arbitrary privileges to public officials holding high-ranking positions and the acceptance of such privileges will undermine public trust in these institutions,” the NGO warned.

“TM also notes that upholding integrity in the performance of high-ranking public posts is an integral and core mandate of such positions, and should not be incentivised through handouts of property or other forms of personal enrichment.”

However, the government has defended its decision to offer discounts on the flats.

Tourism minister Ahmed Adeeb told the press that the apartments were awarded to “ensure the integrity of independent institutions”.

“The flats were not handed out. The recipients have to pay for them. This will result in ensured integrity of independent institutions and, moreover, it will strengthen the state,” he said.

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Authorities warn of imminent fruit fly epidemic

The agriculture ministry has warned of an imminent fruit fly epidemic that could contaminate fruits grown in the Maldives.

Fruit flies have been found in mangoes and water apples from the island of Feevah in Shaviyani atoll, the ministry revealed today.

“On some occasions, 90 to 100 percent of the harvest has been destroyed because of fruit flies,” said the agricultural ministry.

“Therefore, it is necessary to contain the fruit flies from Feevah and prevent it from spreading to other agricultural islands.”

Agriculture contributes to around six percent of GDP. However, some islands rely solely on income from farming.

A fruit fly epidemic could cause widespread damage to the local agricultural industry, the ministry said, and advised exercising caution before consuming fruits from Feevah.

While fruit flies do not cause any harm to humans even if contaminated fruits are consumed, the ministry advised soaking fruits from Feevah in warm water for 60 minutes to prevent the flies from spreading.

The ministry explained that the “oriental fruit flies” found on Feevah poses a threat to all types of fruits and vegetables, including mangoes, watermelons, peaches and tomatoes.

Fruit flies lay their eggs inside the fruits and vegetables by injecting its spine. Once the eggs hatch, the larvae eats the fruit from the inside out.

Contaminated fruits will appear over-ripe with large black spots. Holes will also be visible on the surface of the contaminated fruit.

The ministry also urged the public to report any signs of fruit flies in agricultural products.

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