JSC appeals Civil Court injunction to halt appointment process

The Judicial Service Commission (JSC) has appealed a Civil Court injunction issued on September 8 to halt the appointment of judges to superior courts pending a ruling on the legitimacy of the process.

A group of lawyers had filed a case contesting the legality of the JSC’s evaluation criteria – contained in a regulation drafted by the commission – on the grounds that it conflicted with both the constitution and the Judges Act. The lawyers requested the Civil Court to abolish the regulations and declare the commission’s shortlist void.

The final interviews of 17 shortlisted candidates were due to place on September 10, two days before the injunction or staying order was delivered.

The lawyers also claimed that two shortlisted candidates had close ties – as a spouse and a business partner – with two members of the commission, suggesting a clear conflict of interest as neither had recused themselves from voting in the JSC panel.

At today’s first hearing of the appeal at the High Court, JSC Lawyer Mohamed Waheed Ibrahim argued that according to article 143(a) of the constitution the Civil Court did not have jurisdiction to rule on the constitutional validity of “any statute or part thereof enacted by the People’s Majlis.”

In addition, Waheed contended the Civil Court order violated articles 144(a) and 145(c) of the constitution as well as articles, 20(a) and (b), 36 and 37 of the Judicature Act.

Waheed further argued that the Supreme Court had set a judicial precedent by transferring a Civil Court case regarding the appointment of five judges to the High Court bench.

In January this year, Criminal Court Judge Abdul Bari Yoosuf at the Civil Court claiming to show procedural and legal issues in the JSC vetting process. Bari’s case was later entered into by Family Court Chief Judge Hassan Saeed as a third party.

On January 20 – three days before the judges were due to be sworn in – the Civil Court issued a temporary staying order halting the appointments pending a final ruling.

The Supreme Court however transferred the case from the lower court a day later and conducted two hearings before dismissing it without issuing a verdict.

Waheed also claimed that the JSC was not offered enough time to prepare a defence as the Civil Court issued its injunction or temporary staying order on the night the case was filed.

The JSC requested the High Court to overrule the Civil Court order and declare that the trial court did not have the jurisdiction to rule on constitutional matters.

In response, Husnu Suood, former Attorney General representing the group of lawyers, contended that the case filed at Civil Court was not exclusively about the constitutional validity of the JSC regulations.

Suood explained that the issue was “problems in ranking certificates” in the JSC evaluation criteria, which the lawyers argued unfairly favoured graduates of the Islamic College of Maldives (Kulliya). The case also alleged conflict of interest on the part of two members, Suood added.

Moreover, Suood continued, a November 2008 Supreme Court ruling established a precedent that it did not have “exclusive jurisdiction on constitutional matters”, referring to a case filed by eight MPs appointed by former President Maumoon Abdul Gayoom contesting their dismissal by President Mohamed Nasheed.

The Supreme Court had ruled that the case should have been filed at a lower court.

On the issue of the High Court appointments, Suood noted that there was no judicial precedent set as the Supreme Court had not issued a verdict before dismissing the case on a technicality.

Disputing the JSC’s claim that the Civil Court had informed the commission of its hearing after office hours, Suood noted that the JSC had issued press statements between 4:00pm and 8:00pm on September 8.

In addition, the lawyers now claim that based on statements by the JSC at the Civil Court hearing, the regulations were not valid as they were not published in the government gazette.

The High Court panel consisting of three judges adjourned today’s hearing after informing the lawyers that a second hearing would be held if there were further matters to clarify.

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“Make use of historic moment”, Adhaalath Party urges President Nasheed

Adhaalalth Party President Sheikh Imran Abdulla has joined opposition Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali in sending a letter to President Mohamed Nasheed asking him to push for an independent Palestinian state at the UN Human Rights Council.

In the letter Sheikh Imran tells the President to assist the Muslim community in their efforts to make Palestine an independent state and a full member of the UN, and to make good use of the historic moment that came in the time of President Nasheed and vote in favor of Palestine.

Sheikh Imran urged the President to do this for the rights of the citizens of Palestine who have “lived in grief for 63 years, who have been pushed away from their own land and have suffered so muchh catastrophe.’’

Meanwhile, the ruling Maldivian Democratic Party (MDP) has also issued a statement saying that the party supports Palestine becoming an independent state, and thanked the government and foreign ministry for the work they are contributing to resolve the issue.

“The MDP would like to note, with gratitude, that one of the key objective of the Maldives foreign policy was to assist Palestinian citizens and to further the recognition of Palestine as an independent state,’’ the statement issued by the MDP Secretariat said.

The party said that the government had spoken in favor of Palestine at the UN Human Rights Council and that the party was proud of it.

Meanwhile, the Foreign Ministry has stated that the Maldives strongly supports UN recognition of Palestinian statehood, with Naseem advocating the position before the UN Human Rights Council following the announcement by Palestinian Authority President Mahmoud Abbas that he will apply to the UN Security Council for full UN membership.

“Let us be clear, the Palestinian people have, like everyone else, the right to self-determination – the right to a state of their own. They have waited long enough for that most basic of rights. When the Palestinians present their case to the UN, the Maldives will stand shoulder-to-shoulder with them, and we call on all others to do likewise,’’ Naseem told the UN Human Rights Council.

Naseem has said the Maldives does not believe that UN recognition of Palestinian statehood will narrow the chances of a negotiated peace.

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Christchurch College at Oxford University to offer environmental studies scholarship to Maldivians

The Maldives High Commission in the UK has signed a memorandum of understanding (MoU) with Christchurch College at the University of Oxford to provide an annual scholarship for a Maldivian student.

The co-funded scholarship will be for one student to undertake postgraduate study in the field of Environmental Sciences, who would otherwise be unable to afford an Oxford education, with a place at Christchurch College.

In a statement, the Foreign Ministry noted that the scholarship “was initially discussed during President Nasheed’s visit to Oxford University in December 2010 and has now materialised into a wonderful opportunity for outstanding Maldivian students.”

“The scholarship will encourage Maldivians to study in the field of Environmental Sciences with a view to enhancing the Maldives’ capacity to manage the specific threats the country faces
from climate change. On completion of their studies the scholars will return to the Maldives with exceptional expertise in this field.”

The formal MOU with was signed at High Commission in London by High Commissioner Farahanaz Faizal, and Simon Offen, Vice President Christchurch Association and
Deputy Development Director.

Speaking at the signing ceremony, Dr Faizal said “this a momentous day for the Maldives as it represents a valuable opportunity for young Maldivians to gain access to a world leading institution, shaping the great minds of tomorrow.”

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UNDP to fund six part TV series on economic issues

The United Nations Development Programme (UNDP) and the Ministry of Economic Development (MED) have signed an agreement to run a six-episode TV programme focusing on national economic issues
from October 5.

The Maldives Economic Forum, or ‘Dhivehinge Igthisaadhee Sallaa’, aims to bring to the masses, economic policy analyses and discussion forums on topical economic issues, UNDP said in a statement.

“The aim of the discussions, lead by academics, experts, policy makers and practitioners, is to educate the masses on issues surrounding economic development, presented from an analytical and educational perspective using simple explanations and free from political partiality.”

The objective, UNDP stated, was to “Enhance dialogue and wider participation in the discussions of economic development issues in the Maldives, develop interaction and the exchange of information between the government and non-government agencies, private sector, academic institutions and other stakeholders working towards similar development goals in the Maldives.”

The first programme will be broadcast on MNBC One on October 5 at 11:00pm, and thereafter run weekly.

The economic issues to be discussed over the six different sessions include; Forum 1: Increasing the role of tourism in local livelihood development; Forum 2: Development of Micro, Small and Medium Enterprises sector; Forum 3: Role of saving and investment; Forum 4: Unemployment trends among youth; Forum 5: Women entrepreneurship and participation in economic activities; and Forum 6: Innovation.

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PPM Submits 3600 forms to Elections Commission

The Progressive Party of Maldives (PPM) has submitted 3600 forms to the Elections Commission, 600 more more than the amount required to register a political party.

Media Coordinator of PPM and MP Ahmed Nihan said there were many more party registration forms filled which had not been submitted today, so as to hasten the registration procedure.

“If too many registration forms are submitted at once it will take a long time for the Elections Commission to approve all the forms. We just want to hasten the registration procedure and finish it soon so we can get on with our next steps,’’ Nihan said.

Nihan claimed that “many Maldivian Democratic Party (MDP) members” and members from other parties have signed up for former President Maumoon Abdul Gayoom’s new party, PPM.

‘’The additional 600 forms were because sometimes due to information errors or other errors forms get rejected, so as a backup to replace any form that might get rejected,’’ Nihan said adding that he believes that “all forms are genuine”.

Nihan said today at the Elections Commission building none of the commission members showed up to meet the senior PPM figures, and said he regretted the incident.

‘’When some particular persons go to register a political party, the commission members take them to the hall and serves food and juice with a warm welcome. It is very unfair,’’ He said. ‘’It is we who appointed them for the commission and today the commission members were like a selfish soothsayer who pops his head out from the window when a normal person goes to see him.’’

He said that several parliamentarians and other senior figures in the PPM went today to the parliament to submit the relevant forms. Currently there were 14 MPs in the party and “very soon” the number would reach 20 or 21, he added.

President of the Elections Commisison Fuad Thaufeeq today told Minivan News that it was true that no commission member met with the PPM delegation.

‘’The commission has always treated all political parties equally and has applied the same procedure on all the parties, we always meet with senior officials of parties when the first 50 forms are submitted to the commission, and we met with senior officials from the PPM when they submitted the first 50 forms,’’ Fuad said.

Fuad explained that the forms will always be received by the staffs at the reception.

‘’The next time commission members meet with senior officials will be the day when the registration process is concluded and the 3000 forms are approved,’’ he said. ‘’That is the procedure we apply for all the political parties.’’

He said that the commission was free from influence and pressure and could not be pressured or influenced.

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MDP calls for “justice” for Maafushi deaths

The ruling Maldivian Democratic Party (MDP) has called for “just punishment” to be meted out to senior officials of the previous government culpable in the custodial death of Evan Naseem on September 19, 2003.

In a press release to mark the eighth anniversary of the watershed incident, the MDP noted that President Mohamed Nasheed had called on doctors to determine Evan Naseem’s cause of death before the death certificate was signed.

The MDP statement reiterated the party’s call for trials to be conducted against prison guards or National Security Service (NSS) officers believed to have tortured and abused inmates.

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“No new significance” in Sri Lankan money laundering busts, say local police

Sri Lankan police are  investigating a large-scale money laundering case based in Colombo, that reportedly extends to the Maldives.

Local police representatives say no significant case has been filed with Maldivian authorities so far.

According to local media, money was being transferred from the Maldives to various illegal money transfer agents in neighboring Sri Lanka. The money is suspected to be used for such criminal activities as purchasing and distributing narcotics and other contraband.

Last week, Rs. 81.76 million (Rf11.4 million) was seized at Sri Lanka Customs, the largest amount of foreign currency to be detected at Bandaranaike International Airport (BIA). Haveeru reports that dollars from Australia, Canada and the US, as well as sterling pounds, Kuwaiti dinars, UAE Dirhams, Saudi Riyals, Swiss Francs and Euros were included in the stash.

Local police reported no case being lodged regarding the money laundering circuit in Colombo, and cautioned that the information that was given to local media regarding the transport of finances from the Maldives might not be reliable.

Officials did say that money laundering has been a problem in the Maldives. Police Sub-Inspector Ahmed Shiyam said that “the issue of money laundering in the Maldives is growing, and credit cards are being abused more.”

An official from the Fraud and Financial Branch said there have been suspicions of money laundering, but charges can not be pressed for that alone. “Individuals have been charged for drug possession, which might be related to money laundering, but we are currently unable to prosecute someone for money laundering alone. We plan to work on that in the future,” he said.

International Monetary Fund (IMF) reports state that money laundering became a bigger concern internationally post-9/11, when it became heavily linked to terrorism. Although many countries have since adopted IMF anti-money laundering (AML) policies, few have developed legislation to enforce these guidelines.

The latest IMF review of Sri Lanka, dated 2008, indicated that AML standards were adopted by signature but that legislation was not in place. A 2011 review of the IMF program found that international organizations were cooperative, but did not indicate that individual governments and banks had adopted AML procedures.

Sri Lankan police have conducted raids on unauthorized money transfer agencies in the past few weeks, reports Haveeru. Earlier this month the Colombo Fraud Bureau, an arm of the Sri Lankan police force, arrested several suspects and seized approximately Rs. 9 million (Rf1.25 million) in foreign currency, Haveeru reports.

Four key Maldivian narcotics peddlers who were busted by Maldivian authorities in June for their involvement in the smuggling of narcotics via Colombo to Male since 2005 had allegedly used a prominent money transfer agency in Colombo, reports Haveeru.

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ITEC Day 2011 to be celebrated in Maldives

The Indian Technical and Economic Cooperation (ITEC) Program will celebrate ITEC Day 2011 in the Maldives this year.

The Indian government launched ITEC in 1964 to promote bilateral cooperation and technical assistance to partner countries, of which the Maldives is one. The program provides economic expertise, manpower, skills and technology with the 156 countries that are friendly to India.

The High Commission of India has organized the event to foster positive relations between former ITEC scholars from India and the Maldives.

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Three men accused of Hoarafushi hostage murder face terrorism charges

The Prosecutor General (PG)’s Office today pressed criminal charges against three persons accused of murdering 61 year-old Hussain Mohamed after taking him hostage and robbing him on Hoarafushi in Haa Alifu Atoll.

Hussain, a prominent businessman known as ‘Hussainbe’, was found dead inside an abandoned house in September last year.

The PG’s lawyer told the judge that the three of them stole more than Rf 100,000 and US$1000 in cash but the three denied the charges, according to local media.

Police at the time said they believed that year-old Hussain Mohamed may have been murdered.

An official from the island office had told Minivan News that the body was discovered by the caretaker of the building that night.

“There were no injuries on the outside his body,’’ said the island official. ‘’He is from another island but has lived in Hoarafushi for a long time.’’

Local media reported that Manik’s hands were tied behind his back with rope, and that the body was lying on the ground in a prone position when discovered.

The island official said that it had rained heavily the previous evening, and that “nobody goes out in the rain. The streets would probably have been empty.”

The sale of oil in Hoarafushi in Haa Alifu ceased following the death of the prominent businessman.

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