Brigadier General Zakariyya appointed Commander of Aviation Security

Minister of Defence Major General (retired) Moosa Ali Jaleel has appointed Brigadier General Zakariyya Mansoor as the commander of the Aviation Security Command today.

Zakariyya Mansoor is also the director general of counter terrorism at the defence ministry.

The ministry has today denied media reports that Zakariyya has also replaced Chief of Defence Force Brigadier General Ahmed Shiyam, who was said to have retired from active duty.

The appointment of Zakariyya marks the most notable change brought to MNDF after the dismissal of Mohamed Nazim from the post of defence minister after a police raid on his residence, resulting in the confiscation of “dangerous weapons”.

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Velizar Popovappointed National football team coach

Former New Radiant Sports Club coach Velizar Popov has been appointed as the national football team coach by the Football Association of Maldives (FAM).

Popov was officially appointed to the post at a ceremony at the National Stadium held before the final fixture of the People’s Cup yesterday – which saw international sides competing against local first division teams.

The new national coach observed his star player Ali Ashfaq grab a hat-trick in the final, with his team – Malaysia’s Polis Di-Raja Malaysia Football Association – beating the Maldives’ Maziya Sports and Recreation in extra time.

During Popov’s time at New Radiant, the club took the Dhivehi League and the FA Cup with a perfect winning record, while also steering the club to the AFC Cup’s quarter finals.

Popov – who holds a UEFA pro license – left the Maldives to coach for an Oman team before coaching Thailand’s Sufenburee FC last year. Prior to this, he has coached in Denmark and Moldova as well as in his native Bulgaria.

Popov was the winner of the 2013 Haveeru Sports’ best football coach award.

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State negligence investigated in death of Rakeedhoo child

The Human Rights Commission of the Maldives (HRCM) and the Prosecutor General’s (PG) Office are conducting separate investigations into the death of a child in the island of Rakeedhoo in Vaavu atoll.

The body of three-year-old Mohamed Ibthihaal, showing signs of severe abuse, has now been brought to Malé for further investigation and examination.

HRCM commission member Ahmed Tholal said that the focal point for vulnerable groups will lead a comprehensive investigation into the child’s death in a human rights perspective in order to identify any negligence by state institutions and individuals.

“We will share the report of the investigation with the public and relevant institutions. The report will also point to potential systematic flaws that may have led to this tragic death”, Tholal said.

Rakeedhoo Island Councillor Abdulla Rasheed told Minivan News yesterday that authorities had been aware of the abuse, having visited with the mother prior to the incident.

“We previously informed the police and gender ministry that the kid was being abused, but when [the mother] was questioned she was going to take care of the boy and stop abusing him,” explained Rasheed.

The mother was said to be unresponsive to questioning yesterday, having alerted health officials to the incident after she had rushed to the health centre before passing out.

State negligence?

Neither the police nor the gender ministry were revealing details of the case at the time of publication, though both have promised statements.

PG’s Office Spokesman Adam Arif told Minivan News that the office was currently investigating the death and that it will also focus on the events leading to the death in terms of possible negligence on the state’s part.

“Maldives Police Services will be investigating how exactly the child died and the immediate circumstances. The PG Office will investigate the events that led to this, including talks about how some state institutions were made aware of the child being beaten and abused”, Arif said.

The boy’s mother was known to the authorities as having a record of abusing the boy, who is the eldest of three. Media have published old images of child, appearing to show a black eye from past abuse.

Arif also noted that a three-member team of prosecutors are currently collecting information about the history of abuse in the case the child.

PG Muhthaz Muhsin was quoted in media yesterday as saying. “It is unacceptable that the child was handed over to the mother for the second time after it was found that she was beating him.”

Reaction

The incident has provoked an outpouring of grief, with President Abdulla Yameen promising strict punishments for those found culpable in Ibthihaal’s death. A public rally has been arranged for Friday at 4:15pm from the Raalhugandhu area in Malé.

The opposition Maldivian Democratic Party (MDP) held a news conference yesterday regarding the incident, expressing the party’s concern over possible systematic flaws that might have led to the death.

“The main issue is that, this is not first time that he was harmed. He did not die on the first day he was harmed,” said MP Rozaina Adam.

“This is not a political problem, but instead this is a very big social problem which can only be fixed if everyone in this country works towards a solution.”

She revealed that MDP parliamentary group has decided to summon the gender ministry and other relevant state institutions to the Majlis to investigate the matter and to identify ways to prevent the occurrence of any such incidents in the future.

MDP rights committee chair Hisaan Hussain welcomed PG’s decision to investigate into the matter. Pointing to the disappearance of Minivan News journalist Ahmed Rilwan, Hisaan expressed her disappointment over the lack of results from such state investigations.

She suggested that proper measures taken at the right time could have prevented the death.

“Did the gender ministry monitor the situation within the house after its initial visit? If not, why not?”

Following the death of the child former president and MDP leader Mohamed Nasheed tweeted stating that “the only way to protect children is to strengthen the social protection programme”.

(PHOTO: IBRAHIM ASAD)


Related to this story


Body of abused child found in Vaavu Rakeedhoo

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Maafushi Court introduces Video Conferencing

Maafushi Court has started using video conferencing technology during court proceedings, writes CNM.

The video conferencing technology was inaugurated in a special ceremony today by Chief Judge at the Criminal Court Abdulla Mohamed.

The court informed media that with appropriate use of the technology, it will be able to save approximately MVR1 million (US$65,000) per month.

CNM reported that the state has had to spend excessive amounts on transporting criminals held at Maafushi Prison for remand trials in the capital Malé.

Source: CNM

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Azima’s law firm drops Nazim’s case

Former Attorney General Aishath Azima Shakoor has dropped former defence minister Mohamed Nazim’s case, say media reports

According to a press statement from Azima’s law firm Avant-Garde, the firm decided to drop the case for “personal reasons”.

Nazim is facing charges relating to possession of dangerous weapons after police raided his home on January 18.

The statement also said that Nazim’s case from now onwards will be handled by Maumoon Hameed – nephew of President Abdulla Yameen.

Previously Avant-Garde has stated that Nazim did not commit any act in violation of the law and that “he would like to assure everyone that he would not do anything in violation of the law in the future”.

State TV broadcaster MBC reported that Azima’s law firm had, earlier today, confirmed that the department of immigration is holding his passport.

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We should not surrender to climate change: Dunya Maumoon

“This month a team of scientists reported that melting ice caps and glaciers due to climate change are causing oceans to rise more drastically than previously calculated,” writes foreign minister Dunya Maumoon for the UK’s Guardian newspaper.

“The news is particularly troubling for my country, the Maldives — the world’s lowest lying island chain — and for other coastal and island nations that sit just metres above sea level.

In fact, saltwater has already begun to contaminate our groundwater supplies, while erosion is wearing away our shores.

And even as the water rises around us, the cruel irony of climate change was driven home last month when a fire shut down our capital island’s only desalination plant, leaving its 100,000 inhabitants in a precarious situation.

Within hours, some of our closest neighbours and partners, including India, Sri Lanka and China, had mobilised shipments of water to get us through until the plant was repaired. Our own private sector, non-governmental organisations, and other civil society groups pitched in, working with the government, and proving that everyone in the society has a role to play in addressing crises.

Tackling climate change over the long term will obviously demand concerted action at a much more substantial scale over decades.

But we should not surrender to the notion that it will be impossible. Recent studies have confirmed that existing technologies, such as energy efficiency, renewable power, and smart policies can rapidly reduce emissions, while bringing important co-benefits, such as improved public health and energy and water security.”

Read more

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Body of abused child found in Vaavu Rakeedhoo

The body of a three-year-old child with signs of severe abuse has been found on the island of Rakeedhoo in Vaavu Atoll.

The boy’s mother was known to the authorities as having a record of abusing the boy, who is the eldest of three. Haveeru has published old images of child, appearing to show a black eye from past abuse.

“We previously informed the police and gender ministry that the kid was being abused, but when [the mother] was questioned she was going to take care of the boy and stop abusing him,” explained Rakeedhoo Island Councillor Abdulla Rasheed.

Rasheed explained that the council was alerted to the case today by health centre officials after the mother ran there before passing out.

Council members subsequently went to the woman’s home where they found the boy on the sitting room floor, head on a pillow, naked except for a rug covering him from the waist down.

As well as scratches to the head and neck, the boy has extreme bruising to his left ear and genitals, said Rasheed.

He said that the mother – whom he questioned previously about the abuse of her son – had since regained consciousness but was refusing to talk.

One of the woman’s other children is now with neighbours, and another is still with the mother. Previous offers from other islanders to adopt the abused boy had been turned down by the mother. Rakeedhoo has a population of just 84 people.

The Ministry of Law and Gender told Minivan News that it was still gathering the facts of the case and would be releasing a statement shortly. Police media officials were not responding to calls at the time of press.

The prosecutor general has told media it is investigating the case for possible negligence on the part of state institutions.

“It is unacceptable that the child was handed over to the mother for the second time after it was found that she was beating him,” said Muhthaz Mushin

Former Attorney General Azima Shukoor in 2013 described “alarming” levels of child abuse in the country, submitting amendments to the Majlis to enable the transfer of legal guardianship from neglectful and abusive parents.

Elsewhere, a 27-year-old woman was arrested yesterday evening in Baa Atoll Eydhafushi on suspicion of beating her child reports Haveeru.

Suspected child abuse can be reported anonymously to the police on 3000 600.

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Supreme Court has removed right of appeal, claim legal experts

Legal experts have accused the Supreme Court of effectively removing the right of appeal after the bench shortened the time in which an appeal case can be filed at a higher court to 10 days.

In a ruling issued yesterday (January 27), the court revoked Article 15 and 42 of the Judicature Act and Article 85 of the Employment Act – which stipulates the current appeal durations – while a Supreme Court circular signed by Chief Justice Abdullah Saeed announced the new time frame.

The move has prompted legal experts to accuse the court of infringing upon the constitutional right to an appeal.

“They have taken out the appeal process,” says former Judicial Services Commission (JSC) member turned whistle-blower Aishath Velezinee. “Ten days for appeal will deprive people of the right to appeal.”

Another legal expert – who wished to remain anonymous – suggested that the new time frame would make it practically impossible for many people to lodge an appeal.

The Supreme Court ruling – signed by all five of the Supreme Court justices – said the current regulations are in violation of Article 42 of the Constitution which states the right to a “fair and public hearing within a reasonable time”.

The Judicature Act currently states that appeals to the higher courts will only be accepted within 90 days, while 180 days is allowed for cases adjudicated in island courts outside of the capital Malé.

Meanwhile, the Supreme Court circular stated that the establishment of two regional High Court branches under amendments to the Judicature Act means all appeal cases should be appealed in the region of the court issuing the decision.

According to the amendments passed by parliament last month – which also resulted in the controversial dismissal of two Supreme Court Judges – the nine member High Court will be divided into three branches with three judges assigned to each.

The two regional branches in the North and South will be allowed to hear appeals against magistrate court verdicts while only the Malé branch will be allowed to hear challenges to laws and regulations.

Constitutional rights

Velezinee claimed that by changing the regulations, the Supreme Court is “taking over the functions of the legislator” in an “attack on the Constitution”.

“No right is guaranteed anymore,” said the outspoken critic of the judiciary. “Supreme Court is under the constitution, but now it has gone above the Constitution.”

Velezinee has previously accused the Supreme Court of dominating the entire judiciary, and compromising the independence of the lower courts, via its close oversight of the Department of Judicial Administration.

Similar suggestions made by the Human Rights Commission of Maldives (HRCM) to the UN Human Rights Council last year prompted the initiation of ‘suo moto’ proceedings on charges of undermining the Constitution and the sovereignty of the country.

Velezinee was barred from the public gallery during the proceedings of the HRCM case in October.

Meanwhile, a prominent legal expert said that by shortening the appeal period, the Supreme Court is “trying to limit a fundamental right guaranteed by the Constitution”.

“The right to a timely trial should not overlap the right to appeal,” he said. “It is going to be logistically and practically impossible for most people to prepare an appeal case and submit it within ten days.”

He pointed out that most atolls do not have the adequate transportation systems to the nearest court branch, saying that it might be easier for islanders to travel to Malé to file an appeal.

Both he and Velezinee suggested that it normally takes in excess of two weeks to acquire the court report required to adequately prepare for an appeal case.


Related to this story

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Judicial administration brought under direct control of Supreme Court

Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

Removal of Supreme Court judges will have “chilling effect” on work of judiciary: UN special rapporteur

A justice system in crisis: UN Special Rapporteur’s report

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Hulhumalé Magistrate Court case to resume hearings on February 3

The High Court has today informed both President Mohamed Nasheed and the Judicial Services Commission (JSC) as to how the case on the legality of the Hulhumalé Magistrates Court bench will proceed.

Nasheed’s legal team member Hassan Latheef told Minivan News that today’s meeting was conducted by High Court Judge Abbas Shareef, with the JSC and Nasheed’s representatives informed that a hearing of the case would be held on February 3.

They were also informed that each party would receive a ten minute opportunity to summarise their responses during this hearing, and to raise further points regarding procedural issues raised before hearings halted in April 2013.

The judicial watchdog has raised a procedural issue claiming that the High Court does not have the jurisdiction to oversee the case.

The resumption of the case, which challenges the legality of the bench assembled to try Nasheed for the January 2012 detention of Criminal Court Judge Abdulla Mohamed, was announced one week ago after repeated requests from the former president to expedite proceedings.

Hassan Latheef that Nasheed’s legal team raised several points today, including the small amount of time that each party will be given to present arguments in the next hearing and also the need for further time to review and research the case after recent developments in the judicial system.

“There have been significant changes to the whole judiciary, judges have been transferred, benches reduced and High Court now has two new branches. All this has an impact on the procedural issue raised by JSC. This is why we need more time”, said. Latheef.

He also said that judge Abbas Shareef has agreed to reconsider the request by Nasheed’s legal team for a one and a half month delay of the trial after discussion with the two other judges presiding over the case – Judge Ali Sameer and Judge Shuaib Hussain Zakariyya.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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High Court to rule in appeal on Hulhumale’ court legitimacy

Hulhumale’ Court rejects case against former President Nasheed

High Court invalidates Hulhumale’ court’s rejection of case against former president

Supreme Court declares Hulhumale Magistrate Court legitimate

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