Year: 2015

Dismissed Supreme Court Judges to receive extensive privileges

Former Chief Justice Ahmed Faiz and former Justice Muthasim Adnan, dismissed due to the reduction of the Supreme Court bench to five judges, are to receive extensive privileges according to a new regulation compiled by the Supreme Court.

The regulations on the privileges of judges who retire with honor awards the two judges financial benefits, security officers, a car and a driver, medical insurance in the Maldives, SAARC, and ASEAN countries, and VIP services at state offices.

The financial benefits are dependent on the length of their service to the state.

They are to receive half of their salary for a period of service of 20 years, two-thirds for a service period between 20 and 25 years, and three-quarters for over 25 years of service.

The state is to bear expenses for the driver and fuel for the car.

Faiz and Muthasim are to be addressed with the title of ‘Justice Retired’. They will be given the title at a special ceremony, the regulations said.

Faiz and Muthasim’s sudden dismissal in December garnered international condemnation, with the United Nations Special Rapporteur on the Independence of Judges and Lawyers saying their removal would have “a chilling effect on the work of the judiciary at all levels”.

The People’s Majlis removed the two judges after revising the Judicature Act to reduce the seven-member Supreme Court bench to five.

The watchdog Judicial Services Commission (JSC) promptly selected Faiz and Adnan for dismissal, though the reasons for their selection were not shared with MPs who subsequently voted to dismiss both on December 14.

Critics have said the removal contravened Article 154 of the Maldives Constitution that says a judge can only be removed if the JSC finds them guilty of gross misconduct or incompetence.

The rapporteur has called for a reconsideration of the pair’s removal, noting that it had been characterised by a “lack of transparency and due process”.

“The fact that the grounds for removal were not publicized is particularly unacceptable,” added Knaul in a December 22 statement.

Commonwealth organisations said the move had “severely jeopardised” the independence of the judiciary, while the International Commission of Jurists said the “astonishingly arbitrary” decision had “effectively decapitated the country’s judiciary”.

The opposition Maldivian Democratic Party (MDP) had challenged the legality of the JSC’s recommendation to dismiss the judges at the Civil Court, but the Supreme Court took control of the case.

Three lawyers also mounted a challenge to the Judicature Act revisions at the High Court, but the registrar threw the case out claiming the the original jurisdiction lay with the apex court.

The lawyers have re-submitted the case at the High Court, arguing the Supreme Court bench had a conflict of interest in the case.

The MDP meanwhile expelled MP Reeko Moosa Manik from the party and ordered five MPs to apologise for their absence from the vote on the judges’ dismissal. The party had issued a three-line whip.

Moosa has since said he refused to support Faiz after the chief justice had caused significant harm to the party in recent years, not least for his swearing in of Dr Mohamed Waheed as president following the controversial resignation of Mohamed Nasheed in February 2012.


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President Yameen announces rise in teachers’ salaries

President Abdulla Yameen has announced a rise in teachers salaries from the start of the academic year this Sunday (January 11).

Speaking at a ceremony held last night at Dharubaaruge to inaugurate the salary scheme for senior players of national sporting teams, President Yameen stated that the increment will amount to over a third of the salary teachers are receiving at the moment.

Teachers strikes regarding pay and working conditions were narrowly avoided last year after the government entered into negotiations with the Teachers Association of Maldives (TAM).

Meanwhile, local media outlets have reported that the Ministry of Education will terminate the post of ‘leading teacher’.

The ministry’s Permanent Secretary Dr Abdul Muhsin stated that the school staff structure is being revised, resulting in changes to the scope of responsibility and tasks assigned to different posts.

While noting the revised staff structure has not been finalised, Muhsin assured that “all drafts of the structure have so far included the post of leading teachers”.

Last month, the ministry announced that the position of deputy principal was to be abolished, with the 188 individuals currently holding the positions transferred to different posts, and administrative staff taking their place.

Muhsin stated that he was unable to give any further details on the revised staff structure and salary hikes as neither had been finalised.

Around 90 percent of the country’s teachers protested in September last year – wearing black clothing to raise awareness over issues such as poor pay, inadequate protection of teachers, and the failure to grant the TAM official recognition.

The government avoided a full work stoppage just as strikes seemed set to go ahead, sitting down with TAM and creating a timeline in which to meet the demands of teachers.

TAM Athif Abdul Hakeem was not responding to calls at the time of publication.

In November, the Maldivian Democratic Party’s budget review committee suggested that the government had not budgeted the required MVR532 million (US$34.5 million) needed to raise the salaries of teachers despite promises made by both President Yameen and Vice President Dr Mohamed Jameel.


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Government introduces monthly salary scheme for national athletes

The government has decided to award monthly salaries to professional athletes and sportsmen included in the national squads.

In a ceremony held last night (January 6) under the banner of ‘Our National Teams – Our Pride’, President Abdulla Yameen stated that the scheme will ensure all sportsmen and athletes officially representing the Maldives will receive at least MVR2,500 (US$162) per month.

Maldives Olympic Committee Secretary General Ahmed Marzooq described the move as a “massive step in the right direction” and congratulated the government on the decision.

Marzooq explained that the scheme ranks all athletes into categories corresponding to a different level of salary rates, with the categorisation of athletes assigned to the national sports associations.

Currently, athletes have to obtain scholarships abroad in order to pursue full time training, or must fit their training around their work lives.

“The government has decided to review the categorisation process and the way in which the national associations are utilising the money in April. This will give associations adequate time to have an idea of how best the money can be utilized”, Marzooq explained.

He also stated that as taxpayers money has now been assigned to pay for national athletes, the public and the state will demand more social responsibility from them and that proper standardisation, with regards to performance and codes of conduct, needed to be established.

Stressing the importance of proper technical evaluation of athletes by the national sports associations in determining which category they fit into, Marzook expressed joy over the fact that such a scheme had been inaugurated before the Indian Ocean Games – scheduled for August, 2015, in Reunion Island.

“This decision will definitely give a boost to the preparation for the Indian Ocean Games.”

Fourteen teams will represent the Maldives in 10 sporting events, he continued, noting that the Maldives aimed to achieve between 9 and 11 medals.

Assistant Secretary General of the Football Association of Maldives (FAM) Mohamed Nasir also welcomed government’s decision, saying that the association will conduct a technical evaluation of how the funds are to be spent.

He was unable to give further details, as FAM Technical Director Mohamed Shiyaz (Mohan) was currently on leave.


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Umar Naseer appointed acting Housing Minister

Minister of Home Affairs Umar Naseer has been appointed as acting housing minister while Dr Mohamed Muizzu is out of the country, reports local media.

Naseer’s appointment means that four of the thirteen cabinet positions are currently being held by temporary appointees.

The move follows the appointment of Minister at the President’s Office Ibrahim ‘Mundu’ Shareef as acting youth minister earlier this week – a decision some have alleged to be unconstitutional.

Additionally, Islamic minister Dr Mohamed Shaheem Ali Saeed has been made acting health minister, and tourism minister Ahmed Adeeb acting minister of defence. Both positions are vacant while Colonel (retired) Mohamed Nazim is away on unspecified business.

The President’s Office has denied rumours of a rift within the cabinet, saying that the temporary appointments are routine.

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Maldives to transfer 15 Sri Lankan prisoners upon request of President Rajapaksa

President Abdulla Yameen has instructed authorities to hand over all Sri Lankan prisoners in the country to the Government of Sri Lanka.

Sri Lanka’s Ministry of External Affairs has said that the move comes in response to a request from President Mahinda Rajapaksa, on humanitarian grounds.

“Fifteen Sri Lankan prisoners are currently serving sentences in Maldives. They had appealed to President Rajapaksa for their transfer to Sri Lanka in order to be close to their families,” explained the Sri Lankan government.

The transfer of the prisoners comes two days after the ratification of the Maldives’ first Extradition Act and one day before Sri Lanka’s presidential elections – though it is unclear if the decision is linked to either.

After having appeared certain of victory, President Rajapaksa now faces stiff opposition from his former health minister Maithripala Sirisena in tomorrow’s poll.

Minivan News was unable to obtain comment from the President’s Office or the Attorney General’s Office, though legal experts have explained that prisoner transfer has been carried out on an ad hoc basis even before the introduction of extradition legislation.

The Majlis passed the Extradition Act on December 25, which requires the criminals to have exhausted all appeal processes and to have agreed to the transfer.

Presidents Rajapaksa and Yameen were said to have discussed expediting the exchange of prisoners during the latter’s official visit to Sri Lanka 12 months ago.

The Sri Lankan government has said that the prisoners will complete their sentences in their home country – a point that is also mandated under the new legislation

“President Rajapaksa and the Government of Sri Lanka are most appreciative of this timely goodwill gesture by President Yameen and the Government of Maldives,” read the ministry’ statement.

The case of Rubeena Buruhanudeen – an Indian national held in pre-trial detention for four and a half years in the Maldives – has this week prompted the Chief Minister of Kerala Oommen Chandy to promise steps will be taken to ensure prospective job-seekers to the Maldives are aware of the legal complications they may face.


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Adeeb confirms appearance of Priyanka Chopra at Akon concert

Tourism minister Ahmed Adeeb has confirmed that Bollywood actress Priyanka Chopra will appear alongside US R&B singer Akon in the show scheduled for tomorrow night.

Akon’s performance was announced during the ‘Tourist Arrival Countdown Show’ on December 31, which eventually featured a host of Indian artists after the cancellation of Sean Paul’s performance.

Local dancer and renowned Priyanka superfan Suneetha Ali will also be performing with the former Miss World in Galolhu National Stadium.

In 2010, a show featuring Akon was organised – and tickets sold – before organisers cancelled, citing a lack of technical support and security. As with the Sean Paul concert, both the Islamic ministry and local religious NGO Jamiyyathul Salaf had spoken out against the show.

Adhaalath Party President Sheikh Imran Abdulla has stated on Vnews this week that the party will not differentiate between governments with regards to “anti-islamic activities”, saying that the party is working non-stop to block the Akon show.

Meanwhile Adeeb has expressed his joy over the show of support by a team of youth leaders – including opposition MP Yamin Rasheed – in promoting Thursday night’s show.

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President appoints ambassadors to India and UAE

President Abdulla Yameen has presented letters of appointment to Ahmed Mohamed and Abdulla Hameed as the high commissioner of Maldives to India and the non-resident ambassador of Maldives to the United Arab Emirates, respectively.

Parliament approved Ahmed Mohamed for the post in October with a majority of 58 votes. He had previously served as the commissioner general of customs under President Yameen’s government and as minister of economic development under President Dr Mohamed Waheed.

Hameed was appointed ambassador-at-large at the Ministry of Foreign Affairs by President Yameen on January 8 last year.

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Muraidhoo Island Council President resigns

Haa Alif Muraidhoo Island Council President Mohamed Arif Abdul Hakeem has resigned, reports local media.

Adhaalath Party member Hakeem resigned as both president and as a member of the island council to pursue higher studies along with another job offer, according to Haveeru.

He had been elected as the new island council president at the 17th attempt after 16 rounds of voting had failed to produce a clear winner.

Muraidhoo Island Council comprises of two members from the ruling Progressive Party of Maldives and one from the opposition Maldivian Democratic Party.

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Indian national Rubeena held for four and a half years without charge

Indian national Rubeena Buruhanudeen has been held in Dhoonidhoo detention centre for four and a half years on charges of murdering her ten-month-old child.

The 30-year-old is also facing charges related to attempted suicide – a criminal offence in the Maldives – but has been awaiting sentencing since late August 2010, explained a source close to the case.

Minivan News has been told that Rubeena confessed to the killing before having received any legal assistance, and has since said she was heavily medicated at the time of her child’s death, with only a vague recollection of events.

“She is very distressed and depressed,” explained the source. “When the prospect of receiving the death penalty was raised with her, she said she would prefer it to her current situation.”

“Four years waiting for a trial is unacceptable,” they continued, noting that the case had been passed to the Human Rights Commission of Maldives.

Rubeena’s legal team has requested a new hearing before sentencing in order to make the case for diminished responsibility.

Her case has been raised in the Indian media this week, with the New Indian Express reporting that the issue had been brought to the attention of Kerala’s Chief Minister Oommen Chandy.

Last month Chandy pledged to offer assistance in the case of Indian teacher K.K. Jayachandran who was imprisoned for 8 months on child abuse charges before being released on December 25.

Events

Minivan News’ source confirmed details published in the Indian media, explaining that Rubeena was married to Hassan Jabir, from Thaa Kinbidhoo – 16 years her senior – in 2008.

The case has also sparked debate in India over the practice of poor girls from Kerala being sold off to foreign nationals in return for money, with Rubeena’s mother telling the Express that Jabir had paid off the family’s debts.

After moving to the Maldives with her husband – who is a clerk in the local court, the marriage became troubled, with Rubeena reported to have been living in a disused tea-shop with her child by 2010.

Rubeena has alleged that she was having trouble obtaining money to feed her child when she attempted suicide by consuming a large volume of drugs, later being informed of her child’s death by staff at the island’s health centre.

After being held in Dhoonidhoo detention centre since June 2010, Rubeena was taken to Malé to appear in court in May, 2013, only to discover upon arrival that she was being taken to the Family Court for the conclusion of divorce proceedings.

Her case was brought to the attention of Maldivian NGO Voice of Women after a chance encounter between Rubeena and political activists detained in Dhoonidhoo following unrest surrounding the transfer of presidential power in February 2012.

Her case has since been taken up on a pro bono basis by local law firm Hisaan, Riffath & Co, with Fareesha Abdulla O’Shea now representing Rubeena.

Case

Minivan News’ source has explained that the Criminal Court has heard from neither the husband nor the doctor who examined the child’s body, with a request to see the latter delaying a scheduled hearing last month.

The court is said to have been receptive to requests for an additional hearing in the case, though officials from the court and the Prosecutor General’s Office were unable to provide details at the time of publication.

Kerala minister Chandy is reported to have met with Rubeena’s parents, as well as making assurances that steps will be taken to ensure prospective job-seekers to the Maldives were aware of the legal complications they may face.

“The cases of people getting trapped in fake cases often do not reach the mainstream due to the restrictions on the media and the hindrance before other Indian associations in contacting the victims in prisons,” read the article in the Express.

The paper reported that it was the release of Jayachandran that brought Rubeena’s case to the public’s attention, with the 51-year-old teacher explaining the difficulties he had in accessing support while incarcerated in the Maldives.

“Even the Indian Club officials in the Maldives were not able to contact me, though they tried through different sources,” Jayachandran told the Express.

“The only agency that can contact them is the Indian Embassy. But they are often indifferent to the unfortunate inmates. Once I was even asked, why do you people choose to work in the Maldives,” he said.

Officials from the Indian High Commission have confirmed that they are aware of Rubeena’s case.

Minivan’s source explained that extradition to India would be considered once Rubeena is sentenced.

The Extradition Act was ratified by President Abdulla Yameen yesterday (December 5), with 15 Sri Lankan prisoners being sent home today (December 6)


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Kerala minister to look into Indian teacher’s incarceration in Maldives

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