Appeal hearings on Farhad murder case ends

Appeal hearings on the death sentence issued by the Criminal Court on Mohamed Nabeel of Reef in Galolhu ward on charges of the murder of Abdulla Farhad of Lilymaage in Seenu Atoll Hithadhoo have been completed.

The High Court will be announcing its verdict at the next hearing, which has not been scheduled so far.

The murder of Farhad was committed on March 9, 2009 in capital Malé city near Sosun Store on Majeedhee Magu.

He was allegedly attacked for harassing a girl who worked at a nearby shop. The girl has previously been reported to be a sister of the accused, Nabeel.

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Comment: The Maldives today

Rozaina Adam is the member of parliament for the Addu-Meedhoo constituency. She is also deputy leader of the Maldivian Democratic Party’s parliamentary group.

It’s with intense sadness that I write this today. Maldives, my beautiful country, a country I was so proud to be a citizen of – while it still remains a paradise for tourists – is hardly a paradise to its citizens.

The democracy that our people hoped to enjoy with the ratification of the new constitution is dying a slow death. The separation of powers, which the new constitution proudly states, has been bundled up into the fist of one person, while the rest of the citizens gape in horror at the abominable unfolding of a dictatorship in front of our eyes.

We as the opposition party remain helpless to do anything as our rights, provided by the constitution, are ripped away everyday bit by bit. We struggle to remain heard, to relay our messages in a feeble attempt to bring check and balance to a lopsided state.

Our messages are met with resistance by the government, which threatens to cut off our voices by sending us death threats and terrorising us in the most horrifying and barbaric ways possible.

It’s been more than a month since a reporter, Ahmed Rilwan went missing. Nobody has any idea as to what happened to him. Has he been abducted or murdered or simply gone missing? Even the police has established nothing so far, but the evidence collected by his family points towards an abduction.

The police, as the paid protectors of the people, have done very little and as far as we can see have not attempted to solve this case at a serious level, as noted by the Human Rights Commission of the Maldives. The president’s simple refusal to comment at all on the abduction of a reporter, about which the whole nation is concerned, came as a shock to the family of Ahmed Rilwan as well as the people of this nation.

A question hangs – why?

Questions without answers

On one hand, as Rilwan’s family and friends and concerned citizen’s struggle to solve the mystery of his disappearance, others face another horror on the streets as young people get stabbed, beaten, and gutted every other day. Everyday, the newspapers unveil the horror of violence on the streets and horrified citizens sit at their dinner tables discussing the terrible dilemma our nation faces. People are afraid to walk on the streets alone, to leave their house doors unlocked, to climb the staircases to their apartments.

And then there are others who demonstrate the need for Islamic Shariah in Maldives – which of course is how it should be, since we are a 100 percent Muslim nation. But how are we going to practice Islamic Shariah or any justice for that matter, in a nation where the judiciary has totally collapsed?

Isn’t it time we all came out to fight for our right to an independent judiciary? But the sad state of this nation is that, when the issue of a Judge Ali Hameed (a supreme court judge who is alleged of corruption and was also caught on tape having sex with a prostitute) was brought to the attention of parliament by the opposition, the ruling party kicked it out faster than one could say ‘Ali Hameed’.

Everyone wonders – where is the government that came into power through an election influenced by a corrupt Supreme court? What is their role in keeping the citizens of this nation safe?

The answer, sadly enough, is that, everyone is coming to the same conclusion; this is state sponsored terrorism. Parliament members with a constitutional mandate to raise their voices on behalf of the people, are terrorised with death threats to their phones, which, having been reported to the police on several occasions, have been conveniently ignored. The law requires that security be provided to MPs and any other citizen who has a life threat and yet the government refuses to provide security to MPs or such other citizens.

As all this goes on, rumours of corruption by government officials, especially at the ministerial level, spread like wildfire and the parliament which is the overlooking body for the government, of which the majority is the ruling party, turns its back on this. And as if this is not enough, they have rolled up their sleeves and set to work on amending bills and proposing new bills which will further empower the president, and pave the way for further corruption.

As this scenario keeps unfolding, it is worth noting that the Progressive Party of Maldives government which came into power as a coalition with JP no longer holds that status. Without JP, the ruling party now is one which held only 26 percent of popularity votes in the presidential election.

The question is, how long is this minority government’s terror tactics going to work? How long will the citizens continue to tolerate these new levels of corruption and violence? How long will these horror stories remain just dinner conversation? That is a question for tomorrow.

For now, from a Maldivian citizen’s perspective – welcome to the other side of paradise – hell!!

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Supreme Court approval required for transfer of judges

The Supreme Court has issued new rules requiring judges requesting transfer to a different court to seek approval from the apex court.

The rules (Dhivehi) enacted yesterday stipulate that judges of lower courts seeking transfer must write to the Supreme Court stating the reason for the change.

“The transfer of a judge of a lower court from one court to another shall be decided by a majority of the Supreme Court bench,” states section five of the rules.

Former Judicial Services Commission member Aishath Velezinee has accused the court of taking administrative control of the judiciary, while the UN has previously suggested the independence of lower courts is being compromised.

Once a decision is reached, the new rules state that the reappointment would be made by the Judicial Service Commission (JSC) based on the Supreme Court’s proposal. The judge would be given time to conclude cases before the transfer is finalised.

Judges must have served at least two years in the court they were appointed to before the request could be considered.

Before proposing the transfer to the JSC, the rules state that the Supreme Court bench must ensure the importance of the judge working in a different court based on academic qualifications and experience and consider whether the judge has relevant experience better suited to a different court.

For evaluation of the request, the apex court should also consider the quality of work done by the judge, the number of cases heard by the court or judicial area, the number of unfinished cases, the number of judges in the court or judicial area to which the transfer has been requested, and the population of the judicial area.

Outspoken whistleblower, Velezinee, told Minivan News today that the Supreme Court was taking over functions of the JSC.

“The Supreme Court is systematically taking control of the judiciary and misconstruing the Constitution for their benefit,” she said.

“The JSC is controlled by the Supreme Court and remains silent on these matters, facilitating the Supreme Court take over.”

The promotion and transfer of judges was previously overseen solely by the JSC. Last month, the JSC demoted former Chief Judge of the High Court, Ahmed Shareef, to the Juvenile Court as a disciplinary measure.

Under the Judges Act passed in 2010, transfer of judges was to be made by the Judicial Council, before the Supreme Court struck down the relevant articles in the Judicature Act, abolishing the council.

“Take over”

In May, the Supreme Court enacted new rules stipulating that the Department of Judicial Administration (DJA) – tasked with management of the courts and public relations as well as providing facilities, training, archiving systems and security for judges – will function in accordance with policies set by the apex court bench and under the direct supervision of a designated justice.

Velezinee stressed at the time that the administration of justice and the administration of the courts were “two different though interconnected issues.”

“The Supreme Court is misconstruing article 156 of the Constitution and the appointment of a Supreme Court judge to [oversee] the DJA is tantamount to control of the courts,” she contended.

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that “the dissolution of the Judicial Council and the direct control of the Supreme Court over the [DJA] have had the effect of centralising administrative decisions in the hands of the Supreme Court.”

“This has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes,” she noted.

She also referred to “several complaints about internal tensions in the judiciary, where lower courts are left with the feeling that the Supreme Court only works for its own interests, without taking into account the situation of other judges and magistrates.”

Earlier this month, the Supreme Court informed lower courts that it would be appointing magistrates to take over cases where magistrates have recused themselves.

The apex court noted that it has learned of magistrate courts writing to the JSC to appoint magistrates in cases where the presiding magistrate had excused himself.

Noting that the Supreme Court was the “highest authority for the administration of justice” under Article 141 of the Constitution and referring to a circular issued on August 10, 2011 – which stated that the Supreme Court would specify rules for appointing magistrates following recusal –  Chief Justice Ahmed Faiz Hussain asked magistrate courts to write to the Supreme Court if a magistrate recuses himself from a case.

In May, the Supreme Court also formulated new regulations making it mandatory for judges and judicial employees to seek permission to attend overseas workshops, seminars, conferences, or training programmes.

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Hithadhoo regional hospital to be renovated under MVR1.2 million project

An agreement was signed between the Ministry of Health and Sunshell Maldives Pvt Ltd yesterday for the renovation of the Hithadhoo regional hospital in a project worth MVR1.2 million (US$77,821), reports local media.

Speaking at the signing ceremony at the health ministry, acting health minister Colonel (Retired) Mohamed Nazim said efforts were underway to upgrade the regional hospital to tertiary level.

The 92-day renovation project involves the addition of children and women’s wings as well as more consultation and private rooms at the regional hospital in the southernmost atoll.

A second agreement was also signed at yesterday’s ceremony with Click Computers to provide 53 computers to health service providers across the country.

Nazim was appointed to the post last month following the Majlis’ rejection of Dr Mariyam Shakeela for the position. Majority leader Ahmed Nihan has this week praised Nazim for his “tremendous” efforts since taking the job.

The comments came in response to Shakeela’s accusations this week that she was ousted from her role in order to allow others to benefit from corruption regarding development projects in the health sector.

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President Yameen replaces commissioner general of customs

President Abdulla Yameen has appointed Ahmed Zuhoor to the vacant of commissioner general of customs.

Former Commissioner General Ahmed Mohamed was recently appointed an ambassador-at-large.

The new commissioner general of customs was sworn in at a ceremony at the President’s Office today.

Zuhoor reportedly has a masters degree in engineering and has previously served as a senior official at the State Trading Organisation.

Ahmed Mohamed has meanwhile told local media that he requested the president for the change in post.

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Dr Shakeela alleges conspiracy to drive her from office

Former health minister Dr Mariyam Shakeela has suggested her removal from office was the result of a conspiracy which included death threats and a smear campaign.

Giving an interview to local newspaper Haveeru, Shakeela alleges that she was ousted in order to clear the way for corruption within the health sector.

“When I was given the post, some people said this can’t be done by bringing in someone from far outside after we worked hard to bring this government,” she told Haveeru.

“So from the start there were some people who were bent on showing that I was a failure,” she continued.

Shakeela told the paper that she had received multiple threatening phone calls – including eight in a single evening, suggesting she would be killed if she did not resign.

Dr Shakeela’s reappointment in the redefined role of health minister was overwhelmingly rejected by the pro-government majority People’s Majlis last month.

Parliamentary group leader for the ruling Progressive Party of Maldives (PPM), Ahmed Nihan, has told Minivan News today that Shakeela’s removal was a democratic decision made by the parliamentary group.

“I cannot accept her claims in that regard, and cannot verify whether this is the case [of threats] or not,” said Nihan.

The Villimalé MP said that rejection of Shakeela by the parliamentary group after her nomination by the president sent a strong signal to ministers.

“If we [MPs] decide to give another year to Shakeela and wait for a whole year, who will be blamed?” he asked.

The President’s Office today said that it did not wish to comment on the interview, nor the allegations of death threats sent to the former cabinet minister.

Threats to politicians have become increasingly common in recent months, with Jumhooree Party leader Gasim Ibrahim alleging fellow politicians were behind these attempts at intimidation.

Corruption allegations

Dr Shakeela, speaking while attending a conference in Bhutan, said that political opponents intended to utilise the position to benefit from large scale corruption in the health sector.

“I am not talking about small amounts [of money]. For example, because of the state of disrepair of infrastructure, about MVR500,000 has to be spent at least to build even one place. In most places, it goes above a million,” she explained.

“So consider the profit people could make. They could give it to whoever they want. They could do whatever they want to purchase equipment. I tried to do it without allowing any of that.”

Dr Shakeela – who served as environment and energy minister under the previous government – also alleged that negative media coverage of the health sector was part of wider efforts to engineer her removal.

A series of protests over regional healthcare services came soon after it was revealed state-owned Indira Gandhi Memorial Hospital (IGMH) had transfused HIV positive blood to a patient in February due to an alleged technical error.

In June, Fuvahmulah councillors called for Shakeela’s resignation after a case of stillbirth, an interrupted caesarean, and the death of a soldier on the island. A few weeks later, over 300 protestors demonstrated in Haa Dhaal Kulhudhuffushi over deteriorating conditions at the regional hospital.

Shakeela was up for parliamentary approval in August for the second time during President Abdulla Yameen’s administration after her initial portfolio as minister of health and gender was modified.

While Shakeela told Haveeru that she was not given adequate authority to carry out her job,  PPM parliamentary leader Nihan today said that acting health minister Colonel (Ret.) Mohamed Nazim was now doing a “tremendous” job.

“I’m sure that the work of the acting Health Minister is commendable, work that Shakeela could not have done – I’m quite sure of that,” said Nihan.

Drawing parallels with the work of former health minister Ilyas Ibrahim – brother-in-law of former President Maumoon Abdul Gayoom – Nihan argued that the sector had needed a more proactive minister.

Nihan suggested that the money allocated to the health sector in the past two budgets had been generous, a point previously disputed by both Shakeela and Permanent Secretary at the health ministry Geela Ali

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Planning department appeals to public to cooperate with census

The Department of National Planning (DNP) has called on all citizens to cooperate in a”national effort” for the 2014 census after suggestions that some groups would refuse to participate.

Assistant Director Fathimath Riyaza said that, while the department has not received any official indications from any persons of intention to boycott the census, it is aware of such sentiments.

The census – scheduled to take place between September 20 and 27 – will be the first time such national data has been collected since 2006.

Locals from the island of Vilufushi in Thaa Atoll have announced that they will be boycotting the census, due to the failure to provide permanent residents for those left homeless after the 2004 tsunami,

President of the Villufushi Island Council Ibrahim Shafiu stated that, while the decision to boycott the census was not taken by the council, it understands the reasons behind citizens’ refusal to participate.

“The general spirit among the people of Villufushi is that it is pointless to participate in the census when for years the state has failed to provide us something so crucial as a permanent address,” said Shafiu.

“We are living in 309 houses built for us by the Maldivian Red Crescent in 2009 after the tsunami disaster, but so far the government has failed to register these houses in our names,” he told Minivan News today.

Shafiu explained that the matter is currently under the jurisdiction of the ministry of housing and infrastructure after a 2012 council document outlined procedures for registering residents.

After sharing the document with the Local Government Authority, the Thaa Atoll Council, the housing ministry asked the council to halt the process while it sought advice from the attorney general, providing no other feedback.

“Over a year and a half has passed since then, and there has been no progress on this matter. I fear that this may lead to the beginning of multiple social problems on this island,” he stated.

Deputy Minister for Housing and Infrastructure Abdulla Muhthalib said that the delays in registering the houses is being caused by the “complex nature” of the matter.

According to Muhthalib, the Maldives Red Crescent (MRC) agreements state that each of the houses belongs to a number of persons who often do not share any familial relationships.

“If we register every house to the random collection of people who as per the agreement owns a part of it, it will only give raise to further problems. This makes it hard and so we have to find a way to avoid possible complications that may arise if we register the houses in this manner,” he explained.

He stated that the issue has been discussed with the Attorney General, but was unable to share details of current progress on the matter.

Fathimath Riyaza of the DNP said noted that the census was very important for the nation, and so individuals should offer their full cooperation.

“What we are conducting is a national effort done for the purpose of updating statistics, I therefore call on all citizens to cooperate with our work,” she stated.

Riyaza noted that the department had discussed the matter with the Vilufushi Island Council.

She also addressed comments on social media suggesting a boycott of the census in response to the perceived inadequate response to the disappearance of Minivan News journalist Ahmed Rilwan Abdulla.

“We, too, are extremely concerned and saddened by the journalist’s disappearance. However, it is not our job to look for and find any particular person. I call on the people to refrain from connecting these two things and to give us information about themselves.”

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Maldives strategically unprepared for SEZs, argues former Finance Minister Inaz

The Maldives is strategically unprepared for the negative consequences of creating special economic zones (SEZs), former Finance Minister Ahmed Inaz has warned.

In an opinion piece published on newspaper Haveeru last week, Inaz argued that SEZs could worsen income inequality, deprive local councils of sources of revenue, and lead to a large influx of foreign labour.

“If [the government] wants to create special economic zones, it should prioritise solving problems in the judiciary that the entire country is concerned about as well as the budget deficit,” he wrote.

Policies concerning the SEZs should be formulated with a long term plan that looks ahead 10 to 20 years into the future, Inaz advised.

Investor confidence should be secured, he continued, for which laws needed to be reviewed through political dialogue.

Speaking at a forum on SEZs last week, Maldives Monetary Authority Governor Dr Azeema Adam also cautioned that political consensus was necessary for SEZs to be successful and stressed the importance of a long term strategic plan.

President Abdulla Yameen ratified the SEZ Act on September 1, which he has said would “transform” the economy through diversification, whilst relaxed regulations and tax concessions were necessary to attract foreign investors and launch ‘mega projects’ to mitigate the reliance on the tourism industry.

Inaz meanwhile predicted that a population of foreign workers many times the size of the local population would be created with the development of SEZs.

“Problems (social, political and economic) as well as opportunities that could arise as a result of the [expatriate] population should be weighed academically and discussed and debated,” he advised.

Inaz served as finance minister during the administration of former President Mohamed Nasheed and oversaw the enactment of tax reforms in 2011.

After leaving the Maldivian Democratic Party in February 2012, Inaz told Minivan News he would “always remain independent and serving the national interest.”

Consequences of SEZs

Unlike China and other East Asian countries where SEZs were created about 50 years ago, Inaz observed that the Maldives has never been a “closed economy.”

A large and cheap labour force and rich natural resources contributed to China’s economic success, he noted.

However, he added, social scientists believe that industrial development came at the cost of social cohesion.

Moreover, large multinational companies exert undue influence over decision-making in China and other East Asian nations, Inaz suggested.

While a free market economic policy has always been pursued in the Maldives, “with the designation of separate economic zones, other regions of the Maldives would be closed economically,” Inaz wrote.

Inaz argued that policies enacted in China to integrate its economy with a globalised world were unsuited to the Maldives.

In addition to establishing infrastructure such as airports, utilities and transport networks, Inaz observed that China trained skilled workers such as engineers, accountants, and lawyers years in advance.

“The question is whether there are nearly enough Maldivians with good work ethics who would be inexpensive (compared to neighbouring countries)?” he asked.

Social and economic problems created as a result of not regulating migrant workers during the past 15 years could increase manifold with SEZs, Inaz warned.

If Maldivians were unprepared for new jobs, Inaz predicted that wages could also be adversely affected in the domestic job market.

Inequality

One of the biggest challenges facing the Maldives was income inequality and the small size of the middle class, Inaz continued, which was most evident in the regional disparities between the capital and outer atolls.

Inaz stressed that empowering local councils to generate income by utilising land and lagoons was necessary to reduce disparities.

While social security benefits reduces the income gap, Inaz warned of the negative impact on government revenue of tax exemptions for investors in SEZs.

China and Singapore created SEZs after putting the state’s fiscal affairs on a sustainable footing, he noted.

The value of the Maldivian currency deteriorated as a result of persistent budget deficits since 2004, Inaz observed, which forced the state to print money to finance deficit spending.

Consequently, the interest rate on treasury bills was now nine percent, he noted, which restricts opportunities for local businesses to partner with foreign investors in the SEZs.

“It would be unwise to establish [SEZs] without easing the burden placed on Maldivian businesses by the budget deficit and T-bill rates,” he advised.

If SEZs are created with the fiscal status quo unchanged, Inaz suggested that the government would lose sources of revenue from taxes and lease rent.

The government’s position in negotiations with potential investors would also be weak, he contended.

Inaz further argued that successive governments had been unable to improve provision of services due to a weak system of governance.

“With this reality and serious challenges, what high ground would we climb for safety from the big waves formed by opening up the whole country through a special economic zones law?” he asked.

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Supreme Court to appoint magistrates following recusal

The Supreme Court has informed lower courts that it would be appointing magistrates to take over cases where magistrates have recused themselves.

In a letter (Dhivehi) from Chief Justice Ahmed Faiz Hussain addressed to lower courts on Thursday (September 4), the apex court noted that it has learned of magistrate courts writing to the Judicial Service Commission to appoint magistrates in cases where the presiding magistrate had excused himself.

Noting that the Supreme Court was the “highest authority for the administration of justice” under Article 141 of the Constitution and referring to a circular issued on August 10, 2011 – which stated that the Supreme Court would specify rules for appointing magistrates following recusal –  the chief justice asked magistrate courts to write to the Supreme Court if a magistrate recuses himself from a case.

In May, the Supreme Court promulgated new rules stipulating that the Department of Judicial Administration (DJA) will function in accordance with policies set by the apex court bench and under the direct supervision of a designated justice.

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that “the direct control of the Supreme Court over the Department of Judicial Administration have had the effect of centralising administrative decisions in the hands of the Supreme Court.”

“This has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes,” she wrote.

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