Development projects speed up in central atolls

The government has this week signed contracts with Maldives Transport and Contracting Company (MTCC) for the reclamation of Guraidhoo and Madifushi islands, both in Thaa atoll.

In Guraidhoo, MVR75.2 million (US$4.8 million) will be spent on reclamation of 27.5 hectares of land, while 45 hectares will be reclaimed from Madifushi with a budget of MVR126 million (US$8.1 million).

Meanwhile, the mayor of Addu has said that the city – the country’s second most populated area with over 30,000 inhabitants – is being hit hard by government budget cuts.

Development projects have to be approved by the Ministry of Environment through an Environment Impact Assessment (EIA)  -which is reviewed by the EPA. Minivan News has learned that the EIA for the Guraidhoo land reclamation was approved within four working days.

Earlier this month the government signed contracts with Boskalis International for the reclamation of four islands – Eydhafushi, Thulusdhoo, Dhaalu Meedhoo, and Kudahuvadhoo.

The combined projects will cost MVR572 million (US$37 million). The work is expected to begin within a month of signing, and to be completed within 540 days.

Abdulla Sodig has said that the MVR700 million that was approved by the Housing Ministry to be included in the budget for Addu City later disappeared when the government sent the budget to parliament for approval.

“Hithadhoo harbor project that started in 2011 is on halt now, we still need another MVR3.5 million for that. But only MVR1.5million was allocated for that. Similarly, Hulhumeedhoo harbor project is also on halt now,” Sodig said today.

Other projects budgeted for Addu City development include road construction with MVR10 million and MVR25 million for water and sewerage, an amount Sodig claims is insufficient.

Compared to Addu’s large urban population, the average population of the six islands involved in the proposed reclamation projects is approximately 1,300.

Addu City has long been a stronghold of the opposition Maldivian Democratic Party – a fact reinforced in recent local council elections, while the six islands involved in the proposed reclamation projects, with the exception of Meedhoo, all gave majority votes to President Abdulla Yameen in the 2013 elections.

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Government says “iconic” Malé-Hulhulé bridge can be finished in two years

Describing the project as “iconic for the whole region”, the Economic Development Minister last night pledged that the Malé – Hulhulé bridge project would take two years to complete.

“Looking at the bridge project, out of the 19 companies that had expressed interest, 7 were international parties,” Mohamed Saeed is reported to have said during a ceremony held to celebrate 100 days of President Abdulla Yameen’s government.

Deputy Minister of Housing Abdulla Ziyadh – whose ministry will become actively involved as soon as a contractor is selected – explained that the government is currently evaluating the received bids.

First touted as a campaign pledge of thirty-year President Maumoon Abdul Gayoom in 2008, the idea of a bridge connecting the congested island of Malé with its relatively spacious suburbs was also an aim of Gayoom’s successor Mohamed Nasheed.

The Nasheed government had put to contract out to tender in late 2011 shortly before its ousting in February 2012.

The current government called for expressions of interest in the project in early December 2013, with the window for interested parties to come forward closing on January 14.

The public private partnership contract will require a company to engage in the design, build, financing, maintenance and operation of the bridge.

“Primary objective of the Government is to bring a relief to the socio-economic issues arising from the urban congestion that is present in Malé,” the Ministry of Economic Development has explained.

Former Minister of Economic Development Mahmoud Razee – a member of Nasheed’s cabinet – told Minivan News today that a bridge would improve local commerce as well as reducing traffic congestion in Malé.

“There will be a mediation of the traffic because what happens in Malé – in the afternoons and evenings – a lot of the traffic is leisure traffic as motorcycles are out on the road, not to go to any particular place but for the sake of having a ride. If these are connected, the area they are able to mill around is increased by several kilometers,” he explained.

The former minister noted that an extension of the bridge westward to connect with Gulhi Falhi and the industrial island of Thilifushi would bring down the cost of warehouse space in the capital.

The final location of the bridge has yet to be announced by the government. Options considered in the past involved connecting Hulhulé with Malé at the tsunami monument area, or from the northern harbour via Funadhoo island.

Razee also echoed the comments of the current Tourism Minister Ahmed Adeeb who has acknowledged that the project is not viable without commercial components.

Mohamed Saeed was reported as suggesting last night that the bridge would be equipped with facilities to generate between 4 and  6 megawatts of renewable energy.

While Razee was skeptical of this proposal, he suggested that bridge could be used to lay cables between islands, reducing the need for expensive undersea cables to transfer production capacity across the Greater Malé area.

Saeed has previously described the building of the bridge as a “challenge”, but said the task is one of the pledges of the coalition government.

When the concession is awarded, Saeed has pledged, investors will not suffer damages, and the project will receive “protection” from the Maldives constitution.

Investor confidence in the Maldives had been negatively impacted under the Presidency of Dr Mohamed Waheed, with the Yameen presidency targeting its restoration as a key foreign policy aim.

During last night’s ceremony, Vice President Dr Mohamed Jameel Ahmed launched a book detailing the key elements included in the ruling Progressive Party of Maldives’ ‎manifesto, and the government’s achievements in its first 100 days.

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Civil Court dismisses STO’s case against MP Riyaz Rasheed’s Meridian Services

The Civil Court has dismissed a case filed by the State Trading Organisation (STO) against MP Riyaz Rasheed’s Meridian Services seeking to recover MVR19.3 million (US$1.2 million) released as credit.

According to local media, the court dismissed the lawsuit after STO lawyers did not turn up to a hearing scheduled for February 6.

Judges are empowered to dismiss cases if the plaintiff or claimant does not attend court hearings.

The former Dhivehi Qaumee Party MP meanwhile joined the ruling Progressive Party of Maldives last month.

STO and Meridian Services signed an oil trade agreement on March 31, 2010, which offered the company a credit facility worth MVR20 million (US$ 1,297,016.86) for purchasing oil from STO.

The agreement stipulated that payments had to be made within a period of 40 days.

However, in August 2010, STO lowered its credit limit from MVR20 million to MVR10 million (US$648,508.43) and shortened the payment period from 40 to 30 days, prompting Meridian Services to sue STO for alleged breach of contract.

Meridian Services lost the first case, however, after Civil Court Judge Abdulla Jameel Moosa ruled in favor of STO.

Case history

In April 2012, the STO sent a letter to the Civil Court requesting withdrawal of the case against Meridian. However, then-STO MD Shahid Ali claimed a week later that the letter was sent “by mistake.”

The STO’s intent was to request delaying hearings as the company did not have the legally required number of members on its board of directors following the “change in government” on February 7, 2012, Shahid explained, adding that the case would resubmitted.

At a hearing of the case in June last year after the trial resumed, STO lawyers claimed that original documents of business transactions with Meridian had been stolen.

The theft of the documents from the STO office occurred on October 27, 2011 and was reported to police at the time, the lawyers said.

The lawyer reportedly requested the opportunity to present witnesses to prove the authenticity of copies or other records of the stolen documents.

However, lawyers for the Vilufushi MP’s Meridian Services disputed the authenticity of the purchase orders, delivery notices, and invoices submitted as evidence by STO, claiming the documents were forged.

The Meridian lawyer claimed that there were discrepancies in the purchase orders and delivery notes with inconsistent numbers and quantities as well as lack of signatures.

In response, the STO lawyer said Meridian had not submitted any evidence or any statement challenging the validity of the evidence submitted by STO.

The judge adjourned the hearing after announcing that a decision would be made at the next hearing over STO’s request to present witnesses.

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‘Unlimited Aasandha’ scheme will be sustainable, says President Yameen

President Abdulla Yameen last night inaugurated the ‘Unlimited Aasandha’ universal health scheme, a presidential campaign pledge and part of his first hundred day programme.

Criticising the Aasandha service introduced by President Nasheed, Yameen said the new Aasandha will have no limit on the amount of money that can be spent or with regards to age categories.

“Today the state of Aasandha is that every one has one lakh rufiyaa limit. Without any regard to the illness the person has, how much has to be spent, it is over for them when the one lakh limit is reached,” Yameen said.

Yameen stated that the new scheme will be “sustainable and funded by the state budget”. Cabinet Minister Ahmed Adeeb has suggested that ‘Unlimited Aasandha’ and other enhanced social services will be financed through long term government bonds.

President Yameen noted that the following will be covered by the new ‘Unlimited Aasandha’ scheme;

  • Sports injuries – including surgical procedures and rehabilitation treatment for professional athletes
  • All accidents and emergencies that happen while abroad
  • Emergency transfer of patients from islands
  • Transportation tickets for medical escorts to travel abroad with patients under 18 and above 65 years
  • Organ transplants and any permanent medication that is required after such a surgery
  • Unlimited coverage for pregnant women
  • Free annual medical checkups for every citizen above 30 years of age, and for school children

Though persons with special needs are not exempted, their temporary, permanent, and physical aids will not be covered through the service, said Yameen. The president pledged to find a solution to this problem during the next Majlis.

As the ‘old’ Aasandha was reportedly abused by members of the public and even health care providers and pharmacies, Yameen urged all to use the service “in good faith”.

“This is a service that is spent from people’s money for all citizens. So everyone should use it responsibly”.

The new unlimited service is an upgrade from the existing Aasandha programme introduced by President Mohamed Nasheed which encountered a number of issues, particularly with regards to sustainability.

After reaching the brink of financial collapse in August 2012, small charges were introduced to the scheme at private clinics. The opposition Maldivian Democratic Party (MDP) suggested that Yameen’s Progressive Party of Maldives and the coalition alliance had deliberately sabotaged the service.

Financing the pledges

The government has also made assurances that it can fulfill its pledges to increase old age benefits and to pay fishermen an allowance of MVR10,000.

The MVR2,000 pension for individuals over 65 years of age was increased to MVR2,300 through an amendment to pension legislation, while President Yameen has pledged to further increase it to MVR5000 starting from 1 March 2014.

The pledge to pay MVR10,000 to every fisherman regardless with or without any catch had later been explained by the Minister of Fisheries and Agriculture as an insurance scheme whereby fishermen would pay a monthly premium of MVR500 (US$32) during the fishing season to gain MVR10,000 (US$ 650) during the off-season.

On Sunday, however, President Yameen said the insurance scheme for the fisheries and agriculture sector was just one of the pledges to have been achieved within the first 100 days and that the  MVR10,000 allowance would be provided for fisherman as promised starting next month.

The government will need to generate MVR1 billion (US$64.9 million) from investments this year to sustain the pension increase alone.

“The economic committee [a cabinet sub-committee] decided to utilise a long term finance instrument based on a long term bond and t-bills through seven to five years,” Minister of Tourism Ahmed Adeeb said at a President’s Office press conference yesterday.

Assuring that the model was capable of financing the increases, Adeeb said that funds could be increased through legislative changes, and suggested that the Maldives could combine various funds – such as housing fund, health insurance, and pensions – into a single fund.

“If you look at countries like Singapore, all these funds are the contained in a single fund,” he said, stating that as a small country it is a good financial model for the Maldives to create a single strong fund.

Budget deficit

Commenting on Adeeb’s proposals, Mahmud Razee – former economic development minister under Mohamed Nasheed’s administration – said that both T-Bills and bonds, even if it they long term, will increase the national debt.

“These are loans, and taking loans is acceptable to invest in to increasing productivity. But this is not such an investment, this is something the government is spending. Eventually people will have to bear the burden of this,” Razee said.

Referring to the proposal to combine funds, Razee said that if the government was serious about it they should establish the necessary legal mechanisms for such a system.

“When we talk about Singapore, we should know that they can do it because they have that level of savings. But that is not the case with us,” he said.

The money in the pension fund has been entrusted with the state by people who want pensions, and it should not be mixed with other funds, Razee argued.

Selling treasury bills and treasury bonds has been one of the main approaches the government has taken to finance the budget deficit over the past few years.

Last December, the central bank and regulator – the Maldives Monetary Authority (MMA) – advised the state to pay all due treasury bills and treasury bonds and to turn existing short-term debts into long-term ones.

In a 2013 report which described the Maldives as “spending beyond its means”, the World Bank noted that the government had spent over MVR900 million on Aasandha from a budget of just MVR720 million.

Suggestions regarding Aasandha include decreasing the cost of drugs predominantly used by the poorest segments of the population, limiting spending for overseas treatment, moving toward a more close-ended provider payment system, and targeting subsidies only at needier patients.

This year’s record MVR17.95 billion (US$ 1.6 billion) budget has a deficit of MVR1.3 billion (US$84.3 million). The People’s Majlis recently approved a number of revenue-raising measures, while the government has announced it is aiming to reduce expenditure and achieve a balanced budget within a year.

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EU concern over Supreme Court’s action against Elections Commission

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The EU has expressed “concern” over the Supreme Court’s decision to prosecute the Elections Commission for contempt of court

“The EU Delegation notes with concern the current action of the Supreme Court on its own initiative to bring before it members of the Elections Commission who have expressed concern over its judgments,” read a press release from the EU delegation based in Sri Lanka.

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

September’s annulled vote had been universally praised as free and fair, while the evidence used to cancel the result has been criticised by the UN as well as EC President Fuwad Thowfeek.

“The EU Delegation recalls the importance of legal proceedings being fair and transparent in accordance with international standards, and call on the Government of the Maldives to ensure the independence of the Elections Commission in the run up to and during the Majlis Elections so that they can proceed as scheduled on 22 March 2014. “

In addition to utilising new ‘Sumoto’ (or ‘Suo motu’) regulations that allow the apex court to initiate hearings and act as both plaintiff and judge in a trial, the Supreme Court’s contempt charges are based on privileged testimony given to the People’s Majlis by EC members.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

However, claiming the establishment of justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could therefore be used in court.

EC President Thowfeek has denied the charges against the commission, noting that “testimony provided at the People’s Majlis committee was not given to hold the court in contempt, but to be held accountable to the EC’s actions.”

The Supreme Court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

In today’s statement, the EU has expressed concern that the current proceedings “risk undermining the vital independence of the Elections Commission, respect for the separation of powers and free expression in the Maldives.”

The issue of separation of powers has been a regular theme this week as politicians continued to campaign for the March 22 poll, with leaders from both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives claiming that their parties can best ensure the three branches of government are kept apart.

Most recently, while campaigning in Malé for the governing coalition on Sunday (February 23), former President Dr Mohamed Waheed suggested that “we have separated the power so much that the country is suffering”.

“This country can’t go forward if we separate the powers any more,” said Waeheed.

Former President Mohamed Nasheed yesterday told representatives of the UN that he did not expect his MDP to take part in the elections should the EC members be arrested and replaced.

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Construction of flats for police to begin next month

Construction of flats in Hulhumalé for police officers will begin during March, President Abdulla Yameen said yesterday during a visit to the Iskandhar Koshi headquarters.

According to police media, President Yameen said at the meeting that resolving housing issues for police personnel in Malé and the atolls was a high priority of his administration.

“Speaking in this vein, the president said construction work in the project for providing housing to police will begin during March with God’s will,” police media revealed.

President Yameen said he has personally witnessed the “difficult conditions” that officers were working in the atolls, adding that the government would “prioritise finding an adequate solution” and would strengthen police welfare mechanisms.

In a visit to the Kalhuthukala Koshi military barracks two days ago, Yameen also pledged to provide housing for soldiers. He reportedly urged soldiers to respect the military’s discipline, code of honour and the dignity of the uniform.

The executive will work with the next parliament to pass legislation needed for policing and provide support to police efforts for establishing a safe and peaceful environment for citizens, he told police officers yesterday.

President Yameen also expressed gratitude to police officers as well as their families for their “patient and hard work” in the face of political unrest during last year’s presidential election.

The president was greeted upon arrival at the police barracks by Commissioner of Police Hussain Waheed, Deputy Commissioner Ahmed Saudhy and “a large number of police,” whom he then joined for evening tea.

“During the president’s visit, he met police officers individually and spent a long time at Iskandhar Koshi. And he offered an opportunity for police officers with queries for him to pose questions and answered their questions,” police said.

In September 2013, the previous administration awarded 300 flats to police officers under a housing project to be carried out jointly by the government-owned Housing Development Corporation (HDC) and the Police Cooperative Society (POLCO).

Under the MVR580 million (US$37.6 million) ‘Blue’s Housing Project,’ 210 three-bedroom and 90 two-bedroom apartments were to be constructed in Hulhumale’.

In addition to the housing project, then-President Dr Mohamed Waheed awarded 50 flats to senior police and military officers.

The awarding of 300 flats to police officers was criticised by the opposition Maldivian Democratic Party (MDP) as a continuation of the patronage system established during the 30-year reign of former President Maumoon Abdul Gayoom.

“In the light of extensive exposes, such ‘patronage’ is familiar to voters from the single party dictatorship of Gayoom and I believe they will simply say to each other ‘I told you so’,” MDP MP and Spokesperson Hamid Abdul Ghafoor told Minivan News at the time.

Ghafoor said it was “very concerning” that police should be given flats exclusively instead of teachers, doctors and other civil servants. He also questioned the selection process for awarding flats.

While some of the officers may have deserved the housing, there was concern that some officers involved in the alleged “coup d’etat” on February 7 had been rewarded with flats, Ghafoor claimed.

Since the controversial transfer of presidential power that brought Dr Waheed to office in February 2012 – in the wake of a violent police mutiny instigated by officers of the Special Operations (SO) command – more than 1000 police officers were promoted110 new police officers were hired, arrangements were made for cheap accommodation in Sri Lanka for police officers and their families and a loan scheme was set up for police officers.

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Inmate suffers serious head injuries in Maafushi Jail fight

A Maafushi Jail inmate is currently undergoing surgery in Malé’s Indhira Gandhi Memorial Hospital (IGMH) following a fight at the jail.

Ibrahim Azar of Maafannu Dhodhilge was brought to Malé at around 9:00pm with serious head injuries. He was serving a five year drug abuse sentence. Eyewitnesses say he was unconscious at the time.

Speaking to local broadcaster Raajje TV, Azar’s mother said she had rushed to the hospital after she received reports that her son had been injured in a fight.

“They [police] told me there is no danger. It was just a fist-fight. He does have head injuries. He is talking with his hands. But I asked if he is not injured, why is he talking with his hands?” she said.

Following a CT scan, doctors later told her Azar had suffered several injuries to his skull and needed major surgery.

“My hands were shaking so a relative had to sign the consent forms for surgery,” she said.

Azar is currently serving his second year in jail. His mother said she has not spoken to him in over a month.

“I have not received the six minute phone call I should get from jail,” she said.

Speaking to local newspaper Sun Online, Azar’s brother said: “Even when he was taken out from the emergency room to the operation theater, he was bleeding heavily from his head. The bandage around his head was soaked in blood.”

The fight reportedly occurred between Azar and another inmate.

A Maldives Police Services team is currently at Maafushi Jail to investigate the case.

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Government reveals first hundred day achievements

The government has today marked its first hundred days’ achievements by making further pledges and demanding a parliamentary majority as a requirement for their fulfilment.

Minister at the President’s Office, Abdulla Ameen described it as “the best first hundred days in the history of Maldives in terms of achievements” at a press conference held to highlight the new administration’s economic and social achievements.

“In order to continuously benefit from the achievements among the first hundred days pledges, it is very important to have legal empowerment; that is why the government is working to get as many seats in the parliament,” said Ameen.

Although the government announced a series of goals that it said would be achieved within the first hundred days of Abdulla Yameen’s presidency, it was not made clear at today’s press briefing how much of the programme had been achieved.

Education

One of the key achievements highlighted from the Education Ministry was the introduction of Qur’an to grades 6 and 7 as a separate subject. The subject had previously been just one element of Islamic Studies classes.

Minister of Education Dr Aishath Shiham stated that the ministry had “started working on” 22 goals announced to be achieved within the one hundred days.

Focusing particularly on the policy of “leaving no child behind” she highlighted the decision to allow students to learn technical skills through Maldives Polytechnic, the introduction of O’ Level standard technology subjects, and working to further incorporate language and nationalism into the education system.

While the ministry’s hundred day plan included establishing special education units in five schools, and two dedicated regional, Dr Shiham today said the ministry “will open more opportunities for children with special needs within the year”.

She noted that work is in progress with regards to increasing allowances for teachers.

Commenting on the minister’s statement, President of the Teachers Association of Maldives Athif Abdul Hakeem said the organisation had no knowledge of such efforts, and was still awaiting an opportunity to meet with ministry heads with regards to pay discrepancies.

“The government have started some things within this period, and they maybe important things and good policies. But it is more important to fix the existing loopholes in the education system,” said Athif.

He said the association was still planning to go on with the nation-wide strike “as a last resort” and that it was currently in the process of gaining parents’ support for the cause.

Health

The achievements of Ministry of Health and Gender were relatively high compared to other institutions, with Minister Dr Mariyam Shakeela noting that the pledge to increase staff at health centers had seen 76 new nurses employed at IGMH, with a further 38 nurses employed and 62 awaiting employment  in Hulhumalé and in the atolls .

“We are contacting medical students studying abroad to direct their training to our needs and recruit them for service. We have also sent job offers for foreigners as well,” Shakeela said, noting that the ministry was also working to find more training opportunities for locals.

While free cervical cancer screening was introduced at Malé ‘Dhamanaveshi’, the ministry failed to introduce the service at HulhumaléHospital as pledged. The minister said that 57 people have been screened at the center and the ministry was working on providing further help in case a person is found positive for cervical cancer.

The ministry pledged to introduce free public transport for the elderly and persons with disabilities, however it was only able to give special consideration for them at service counters for health and some other public services.

While an MoU has been signed between the Education Ministry and Health Ministry with regards to school health programmes, the preparation for another screening of school children has already begun.

“As you know, this sort of things in health sector cannot be achieving at once within a single day. It has to be planned in a certain way,” Shakeela added.

The ministry also achieved the goal of building safe houses for women, children, and persons with disabilities, and finding an easy way for mothers to receive child support money following divorce. The ministry has started working on arranging child support money to be delivered to a special trust fund.

Dr Shakeela said that IGMH chemotherapy services have been arranged and will be covered by Aasandha, and the necessary medicines for the procedure are “on the way to Maldives”.

She said that a psychiatrist is working in Kulhudhuffushi and another will be stationed in Addu City starting tomorrow – the first time such specialists have been stationed outside Malé.

Collection of information has begun for “a doctor for every family” program at Villimalé and Addu City and general practitioners have been allocated for both areas.

Economic Development

Minister of Tourism Ahmed Adeeb said that in terms of economic development within the first hundred days, the government has “completed ground work and is heading towards an action plan”.

He said that within a week the government will open for detailed proposals for building the bridge between Malé and Hulhumalé.

Another economic achievement was “reducing state expenditure” and aiming for a balanced budget within a year by reducing the deficit.

Adeeb said 70 percent of the Progressive Party of Maldives economic manifesto depended on the recently drafted “special economic zones bill” and that regional development and population consolidation cannot be achieved without such a bill.

He said that research is going on with a number of pledges such as gas and oil explorations, and ports within the special economic zones. With regards to developing Ibrahim Nasir International Airport, the consultants for runway building and axiom financing are in the country now.

Minister of Youth and Sports Mohamed Maleeh Jamal said the cabinet’s economic council met almost every day from 10:30am till 12:30pm and has met with companies in which the government holds shares – such as STO, MTCC, HDC, MACL – to find solutions for various challenges.

He credited President Yameen’s official visit to India for finding a solution to the Construction material issue and said it was great achievement within the hundred days. India’s restrictions with regards to construction material came in 2012 following strained bilateral relations under Dr Mohamed Waheed’s presidency.

“They [IMF and investors] noted that peace and stability has come to the Maldives following the inauguration of the country’s elected government, President Yameen’s government. Protests all around the country has come to an end,” Maleeh said.

An online poll by ‘Haveeru‘ has indicated that more than 52 percent people believed the first hundred days of President Abdulla Yameen’s government was a failure.

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Deputy PG slams Criminal Court over new regulations

The Criminal Court has usurped a Supreme Court power in issuing new regulations outlining procedures to be followed in submitting cases, Deputy Prosecutor General Hussein Shameem has said.

The Criminal Court today rejected 60 cases submitted by the Prosecutor General’s (PG) office, claiming cases did not fulfill criteria specified in regulations publicised on February 19.

However, Shameem said the Judicature Act only allows the Criminal Court to compile regulations administering internal affairs, and does not allow the court the authority to issue regulations governing external affairs.

It is the Judicial Council or the Supreme Court which has the power to issue such regulations, he said.

The Supreme Court abolished the Judicial Council in March 2011 claiming the council is unconstitutional and assumed its powers, including the power to compile regulations and policies on administration of the courts.

The Criminal Court’s regulations issued unilaterally also allows other courts to compile their own regulations, which may result in different procedures for each court and affects the right to equality guaranteed by the constitution, Shameem said.

“For example, the Criminal Court says cases involving serious crimes must be submitted within 45 days. What if the Maakurathu island court decides cases must be submitted in 15 or 60 days? This impacts the investigation process and means prosecutors must change procedures depending on which court they want to submit cases to,” he said.

The Criminal Court and PG’s office have been at odds over criminal proceedings following former PG Ahmed Muiz’s resignation in November.

The court suspended all ongoing cases and refused to accept new cases citing parliament’s failure to appoint a new PG within 30 days of Muizz’s resignation.

The Supreme Court, on Shameem’s request, ordered the Criminal Court to restart trials, but the court only began hearings in ongoing cases and refused to accept new cases.

The Supreme Court on February 18 released a new ruling ordering the court to continue with ongoing cases and accept new cases to ensure the criminal justice system continues.

Shameem said the Criminal Court’s new regulations had been applied retroactively.

“There are a 153 people in pre-trial detention. There are many others who are unable to find employment due to ongoing criminal cases. The Criminal Court’s actions are affecting a public service,” he said.

The PG office has a backlog of over 500 cases ready for prosecution, he added.

The Human Rights Commission of Maldives last week called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

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