Day: July 19, 2015

President requests Majlis counsel on leaving Commonwealth

President Abdulla Yameen has requested parliamentary counsel on leaving the Commonwealth amidst lobby efforts by some member countries for an assessment of Maldives’ alleged violations of the organization’s principles following the imprisonment of opposition politicians, including former President Mohamed Nasheed.

The president’s letter will be read out and put up for debate at a People’s Majlis sitting tomorrow.

The ruling Progressive Party of the Maldives (PPM) parliamentary group held a meeting this afternoon with President Yameen, Attorney General Mohamed Anil and tourism minister Ahmed Adeeb to assess the pros and cons of the Maldives staying with the Commonwealth.

PPM parliamentary group leader Ahmed Nihan told the press the attorney general and the tourism minister briefed MPs on the legal and economic aspects of leaving the Commonwealth. He declined to comment further.

The cabinet on Thursday also called for a review of how Maldives benefits from being part of the Commonwealth.

Earlier this month, foreign minister Dunya Maumoon said the Maldives “will seriously consider its membership at the Commonwealth” if it is placed on the agenda of the Commonwealth Ministerial Action Group (CMAG) for a second time in four years.

The Maldives was previously placed on the CMAG’s agenda “on an unfair basis, based on false allegations, and the country’s economy and democratic governance suffered significantly as a result,” Dunya said.

The CMAG in early July decided not to review the Maldives.

Former foreign minister Dr Ahmed Shaheed said that the CMAG only granted the Maldives further time to “sort out [the] mess Maldives is in.”

Dunya maintains there are no “serious and persistent violation of Commonwealth political values in the Maldives.”

The Maldives was placed on the CMAG agenda from March 2012 – March 2013 after President Nasheed resigned amidst a police and military mutiny. He later alleged he had been ousted in a coup d’état.

A Commonwealth backed inquiry found the transfer of power to be constitutional.

In mid-June, Canada had called on CMAG to “urgently put the deteriorating situation in the Maldives on its formal agenda.” The Commonwealth’s democracy and human rights arm can recommend measures for collective action to restore democracy and constitutional rule.

Diplomatic pressure has been mounting on President Yameen to release Nasheed and other jailed politicians, including two former defence ministers and a ruling party MP.

Photo: Opposition supporters carry Commonwealth flags at a protest in 2012

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Bill proposes criminalizing ‘expressions contrary to national interest and Islamic tenets’

The Attorney General’s (AG) office has drafted a new law that would criminalise expressions contrary to national interest or tenets of Islam.

The draft legislation (Dhivehi) on freedom of expression – obtained by Minivan News – states that four types of “expressions contrary to national interest” will constitute criminal offences: encouraging harm to a person or damage to private party, calling for the illegal overthrow of the government, threatening the country’s independence, sovereignty, and security, and accusing a person of committing a hadd offence without conclusive evidence.

Free expression can be restricted on the grounds of national security only if the following circumstances arise: if there is a need to protect the nation or its territory, if Maldivians or foreigners threaten national security with the use of force, and if the government’s ability to defend the nation is endangered.

If the state restricts freedom of expression in such cases, the state must show that the right has been restricted as narrowly as possible, that the restriction is permissible in a democratic society, and that the expression in question poses “a serious danger to national security.”

Hadd offences are crimes for which punishments are prescribed in the Quran or the hadith (sayings of the Prophet), including theft, fornication, making unproven accusations of illicit sex, drinking intoxicants, apostasy, and highway robbery.

The punishment for falsely accusing a person of committing a hadd offence is a jail sentence of between one to three years and a fine of between MVR50,000 (US$3,242) and MVR100,000 (US$6,485)

The bill states that encouraging harm or damage to property – excluding calls for a boycott of goods – and calling for the illegal overthrow of the government can be prosecuted under sections 222 (threatening catastrophe) and 610 (rioting or forceful overthrow of the government) of the new penal code.

Expressions that threaten independence, sovereignty, or national security are punishable by a jail sentence of between three to five years and a fine of between MVR100,000 and MVR500,000 (US$32,425).

The bill states that individuals can be prosecuted for the offences if he or she is unable to prove the truth of a claim under standards followed in civil defamation cases.

The freedom of expression bill was among the government’s 207-bill legislative agenda. It was scheduled to be submitted to parliament during the second session of 2014, but has yet to be submitted.

In May, prosecutor general Muhthaz Muhsin said his office was looking into prosecuting opposition politicians for libel and slander following allegations linking President Abdulla Yameen and tourism minister Ahmed Adeeb with the brutal murder of MP Afrasheem Ali in 2012.

“People are acting however they want. They are trying very hard to defame state institutions in front of the public. The constitution does not give us the right to commit crimes hiding behind a political party,” he said.

“People in responsible posts are publicly accusing others of murder. We are researching on pressing charges against individuals who accuses some one of a crime and which the punishment is hadd.”

Later that month, President Abdulla Yameen threatened to prosecute Adhaalath Party president Sheikh Imran Abdulla, who had said the president and tourism minister would know the truth behind the murder.

“I am being accused falsely. This government will penalise them. I want to file charges against those who are making these accusations. Not that of defamation, but criminal charges. I will file charges against Sheikh Imran,” he said.

Religious unity

The Maldivian constitution guarantees “the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.”

The draft freedom of expression bill criminalises insulting Islam, questioning the validity of a tenet of Islam, and threatening religious unity or causing religious disputes, strife, and discord.

Persons accused of anti-Islamic expressions can be prosecuted under section 617 (criticising Islam) of the new penal code.

The bill, however, exempts “constructive opinions” expressed respectfully regarding Islamic tenets for academic or research purposes or at a public forum.

The proposed law states that permission must be sought from the Islamic ministry to preach, deliver religious sermons, or inform the public about religious edicts and specifies a fine of between MVR50,000 and MVR100,000 for violations.

Teaching Islam at a school, college, or university without the ministry’s permission will also be punishable with a fine of between MVR10,000 and MVR50,000.

The 1994 religious unity law will be repealed once the proposed law comes into force. The Islamic ministry must enact new regulations on issuing permission based on education and experience and put in place a mechanism for investigating complaints.

Under the new law, the Human Rights Commission of Maldives will investigate complaints of expressions contrary to national interest or Islamic tenets and forward cases to the prosecutor general’s office.

The bill states that defamation will not be considered a criminal offence and specifies civil remedies. The Supreme Court is mandated to enact regulations specifying rules for determining compensation for damages.

Defamation cases can only be heard in cases where the complainant has suffered damages.

Defamation was decriminalised in 2009 when parliament abolished section 125 of the old penal code, which stated: “Where a person makes a fabricated statement or repeats a statement whose basis cannot be proven, he shall be punished with house detention for a period between one to six months or fined between MVR25 and MVR200.”

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Power shortages may affect plans to light up Malé on Independence Day

Power shortages may spoil the government’s plans to light up the capital Malé City on Independence Day, the State Electric Company (STELCO) has said.

A crucial 8MW generator is down at the power plant due to an unexpected failure and may take up to two weeks to repair.

Ibrahim Rauf, the STELCO spokesperson, said the company may have to cut off power intermittently at different areas in Malé due to the generator failure. It is one of the two 8MW generators at the power plant. There are a number of smaller power generators.

“The lights alone will use around 2.5 MW of electricity from our grid. We are very concerned and saddened because the lights may also suffer due to the power cuts,” said Rauf.

The Supreme Court, the President’s Office, the smoke stacks at the power plant, the foreign ministry and numerous government buildings have been decked from the ground floor to the top in red, green and white LED lights.

Maldives is celebrating 50 years of independence from the British on July 26.

Malé uses 46MW of electricity on average, but the amount could go up to 52MW at peak hours or on dry and humid days. Rauf said he expects electricity demand to be high on Independence Day, but stressed that only some areas will suffer power cuts, meaning most of the buildings in Malé will continue to be lit-up.

“The demand for electricity depends a lot on the weather. If we have wet cold weather then people would not use air-conditioners and electricity demand will be reduced,” he said.

It has been raining on and off in Malé this weekend, but July 26 is expected to be dry, according to weather forecasts.

Power cuts will last only one hour at high demand periods, and will be spread out in different areas of Malé, Rauf said. STELCO is yet to determine the cause of the generator failure.

The government is planning grand celebrations to mark Independence Day, including a parade by the army and school brass bands, reopening of public parks with water fountains, an official function at the Usfasgandu area with more than 100 foreign dignitaries, official games at the national stadium, and a football tournament in the atolls.

The government has not yet disclosed the full program for the day.

Several areas at Male’s waterfront have meanwhile been closed off as the government rushes to complete major renovation projects including a new official jetty and a musical water fountain at the Republic Square before July 26.

Finance minister Abdulla Jihad previously told Minivan News the budget was MVR150 million (US$9.7million).

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‘Drug trafficker’ acquitted on lapses highlighted in former president’s trial

Citing severe procedural irregularities, the Supreme Court on Thursday acquitted a man sentenced to life in prison over drug trafficking charges.

The unprecedented ruling deals with similar lapses noted by former president Mohamed Nasheed and former defense minister Mohamed Nazim, who were sentenced to jail on terrorism and weapons smuggling charges, respectively.

In acquitting Abdulla Unais, the Supreme Court said he was not given access to a lawyer or the opportunity to call defense witnesses.

Unais was arrested in Addu City in May 2012. Police officers found more than 46 grams of heroin in envelopes on the ground at the time of his arrest and in his trouser pockets.

Unais had denied charges and claims he was framed by police officers.

The Supreme Court said the lower courts should have investigated Unais’ claims of a police set-up by verifying if the accused police officer had left any fingerprints on the envelope. The ruling went onto question the validity of the police officer’s testimony.

The criminal court’s sentencing of Unais without providing access to legal counsel contravenes the constitution, which states that the government must set lawyers for individuals accused in serious crimes, the ruling said.

Unais, who had remained in police custody throughout the duration of his trial, had repeatedly told the criminal court he was unable to hire a lawyer, the Supreme Court said.

Nasheed, in a petition to the UN working group on arbitrary detention, noted that he was denied legal counsel at a first hearing. Then, when his lawyers recused themselves in protest over the criminal court’s refusal to provide sufficient time to prepare defense, judges proceeded with hearings, despite Nasheed’s repeated request to hire new lawyers.

The government maintains due process was followed. A ruling is expected in September or October.

Nasheed’s 19-day trial was criticized by foreign governments and UN rights experts. The UK Prime Minister David Cameron, the EU parliament and high profile US senators have called for his immediate release.

Nazim, meanwhile, contends rogue police officers had framed him by planting weapons during a midnight raid. The criminal court, however, did not allow the former defense minister to call witnesses to prove his case.

Nazim’s lawyers also contend anonymized statements provided by the police officers involved in the raid are inadmissible in court.

Appeal hearings in Nazim’s case have been stalled after the Supreme Court transferred two of the five judges on the panel to a newly created branch in Addu City.

Nasheed and Nazim’s imprisonment triggered a political crisis with daily protests and historic antigovernment marches. The main opposition Maldivian Democratic Party is now negotiating with the government for the pair’s release. Nasheed is currently under house arrest.

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Council ‘defied’ court order to change un-Islamic Eid banner

The island council of Gaaf Alif Villigili has been accused of refusing to comply with an order by a magistrate court to change the wording on an Eid celebration banners.

The banners put up on behalf of ruling Progressive Party of Maldives (PPM) Saud Hussain read, “MP Saud’s Eid Happiness.” The Maldives marked the religious holiday on Friday, July 17.

The president of the main opposition Maldivian Democratic Party (MDP) Villigili branch, Ameez Hassan, filed a case against the island at the island’s magistrate court on Thursday, which ordered the pro-government majority council to change the wordings on the banner.

Ameez told Minivan News today that he objected to the phrase “Saud’s Eid,” contending that the banner was un-Islamic.

“Children see these banners, read them and tell their parent’s that this Saud’s Eid. So I realized these banners are confusing children and contradicts our religion,” he said.

Ameez said he sued the council as the municipal authority’s permission was required to put up banners on the island.

MP Saud meanwhile told Minivan News that he has complied with the court’s ruling.

“The wordings have been changed according to the court’s ruling. This issue did not disrupt any of our festive Eid celebration activities,” he said.

However, PPM councillor Fathuhy Moosa that the banners now read, “MP Saud Eid happiness 2015, Gaaf Alif Vilingili.” The Villigili island council consists of one MDP councillor and six PPM councillors.

Ameez meanwhile said more banners have been put up since the court’s ruling, including one in front of the court. The wordings on the same banner near the island’s performance stage have also been enlarged, he said.

Ameez accused the council of disrespecting the judiciary by “clearly disobeying” an order from the court.

“I plan to take this matter to court as soon as offices open,” he said.

Photo from MP Saud.

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Afrasheem murder suspect’s departure to Syria under investigation

President Abdulla Yameen has ordered an investigation into how a suspect in the murder of MP Afrasheem Ali was allowed to leave the Maldives in early January and travel to Syria.

“I have now ordered the police to investigate this. Azlif Rauf, who is said to have information on the murder, left the country while the case was ongoing,” Yameen said at a press conference at Muleeaage tonight.

“I want to raise the question as to why he was allowed to leave the country? Immigration officials and the defense minister who was in charge of immigration at the time must be accountable.”

Azlif is reported to have left the Maldives along with a suspect in the disappearance of Minivan News journalist Ahmed Rilwan in the first week of January. His family claims he was killed in battle in May, and have publicised pictures of him in military fatigues carrying guns.

The police had forwarded accomplice to murder charges against Azlif to the Prosecutor General’s Office, but charges were never filed due to insufficient evidence.

At the time of Azlif’s departure, the criminal court told Minivan News it had not issued any order to withhold his passport, as there were no pending charges.

Azlif left the Maldives in the same week that the defense ministry was temporarily handed over to tourism minister Ahmed Adeeb. Defence minister Mohamed Nazim was on leave at the time.

Soon after Nazim returned, the police raided his apartment and found a pistol and three bullets in a bedside drawer. He was dismissed from the cabinet and jailed in March on weapons smuggling charges.

President Yameen’s announcement comes after local media reported today that the police had brought back a Maldivian man from Malaysia last week, after his family reported that he was attempting to travel to Syria to join the civil war.

The police in January brought back four Maldivians from Malaysia on the same charges. The government has recently submitted to parliament an anti-terrorism bill that hands out a jail sentence of up to 20 years for Maldivians who leave the country with the intent of fighting in a foreign war.

Meanwhile, several opposition politicians and Yameen’s own home minister have accused the president of involvement in Afrasheem’s murder. Home minister Umar Naseer made the allegations after he lost the ruling party’s presidential primaries to Yameen in 2013. He retracted the allegations after assuming the cabinet portfolio.

Yameen in May vowed to file criminal charges against Adhaalath Party president Sheikh Imran Abdulla over statements linking him with the murder. Imran is currently in police custody facing terrorism charges over an anti-government protest.

Reiterating concern over “unfounded allegations” tonight, Yameen censured journalists for “biased reporting,” claiming the media had failed to seek comments from the president’s spokesperson over the murder allegations.

The main opposition Maldivian Democratic Party (MDP) is negotiating with the government for Nazim, Imran and former president Mohamed Nasheed’s release.

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