Supreme Court enacts new contempt of court regulations

The Supreme Court has enacted new regulations authorising courts to initiate legal proceedings and punish individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

The contempt of court regulations (Dhivehi) promulgated on July 24 states that its purpose is “establishing justice, removing obstacles to trials, and upholding the honour and dignity of courts.”

“Contempt of court is a crime. And holding courts and its judges in contempt, and committing any act that could diminish the honour and dignity of courts is against Article 141(c) and (d) of the Constitution,” states section three of the regulations.

Spoken or written words as well as deeds and gestures that constitute contempt of court include portraying the judiciary in a negative light, an utterance or action that demeans a court, a judge, or court officer, “criticising or berating a court or a judge, or committing any act that causes loss of respect and dignity of a court or a judge, or attempting to bring the court into disrepute.”

Other actions include obstruction of ongoing trials, non-compliance with court orders or verdicts, refusal to provide testimony at a trial, refusal to answer summons to appear at court or flying overseas without permission, and use of obscene language inside a courtroom.

Additionally, causing physical harm to a judge or a court officer, damaging court property, bringing cameras or recording devices into courtrooms without permission, leaving a courtroom during ongoing proceedings, causing disorder at a trial, and using a public forum or the media to unduly influence an ongoing trial would also be considered contempt of court.

Initiating proceedings

While judges could immediately take punitive measures for contempt of court either during trials or within court premises, the regulations stipulate that the state must press charges and initiate criminal prosecution for words or deeds constituting contempt of court outside a courtroom.

However, the Supreme Court, High Court, and lower courts could initiate proceedings if either is the target of the contemptuous remark or action.

The apex court meanwhile has the discretion to initiate proceedings in cases involving contempt towards any court or judge.

If an institution exhibits contempt of court, the regulation states that its most senior official must bear responsibility and face charges.

The accused party in contempt of court trials would have the right to seek legal representation and defend themselves verbally or in writing. An odd number of judges must preside over such trials.

The accused could avail themselves of legal defence arguments used in criminal trials while evidence presented at such trials “with good will or intention to assist in the dispensation of justice” would not be considered contempt of court.

While providing information to the public regarding ongoing trials “truthfully and impartially” is permissible, the regulation states that courts could prohibit dissemination of information at its choosing.

Punishment

Persons found guilty of contempt of court during proceedings at a hearing or trial could be sentenced to up to 15 days in jail, placed under house arrest for up to one month, or fined up to MVR10,000 (US$649).

For other cases of contempt of court during proceedings or inside court premises, the regulations state that persons could be sentenced pursuant to Articles 85 through 88 of the penal code.

However, section 13 – which deals with punishment – does not specify the punishment for instances of contempt of court outside the courtroom

Moreover, sentences passed during proceedings or following a contempt of court trial cannot be appealed at a higher court. However, the Supreme Court has the authority to take measures or issue orders while a contempt of court trial is ongoing at a lower court.

‘Sumoto’

On March 9, less than two weeks before the parliamentary elections, the Supreme Court stripped former Elections Commission (EC) Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz of their membership in the independent commission over contempt of court charges.

The Supreme Court had summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations – promulgated in February – that allow the apex court to initiate proceedings and act as both prosecution and judge.

Meanwhile, in January, the Supreme Court suspended former Attorney General Husnu Suood and ordered police to investigate the lawyer for alleged contempt of court. The Prosecutor General’s Office, however, dropped the charges in March.

The former AG had represented the EC in an election annulment case before being ejected and barred from proceedings.

Moreover, the court also sought criminal charges against opposition-aligned private broadcaster Raajje TV over a report criticising the judiciary while Chief Justice Ahmed Faiz Hussain threatened legal action against media organisations or journalists who disseminate false or inauthentic information concerning the judiciary.

Opposition Maldivian Democratic Party MPs Alhan Fahmy and Imthiyaz Fahmy were meanwhile charged with contempt of court for criticising the apex court on Raajje TV.

Likes(0)Dislikes(0)

Singapore Islamic authority approve Maldives halal certificates

Singapore has become the first country to accept the Maldives’ Halal certification, the Ministry of Islamic Affair has revealed.

Local media have reported the ministry’s announcement that the Islamic Religious Council of Singapore has accepted the certification, currently used by three Maldivian fisheries firms.

“After the approval of the certificate by Singapore, the market is looking forward to an even bigger expansion,” Islamic Minister Sheikh Mohamed Shaheem Ali Saeed told Haveeru.

The move to award Halal certification followed the EU’s decision to refuse the extension of duty-free status to Maldivian fish imports late last year due to the Maldives’ failure to adhere to international standards regarding freedom of religion.

The EU represents the single largest export partner for the Maldives.

The government promptly formed a Fisheries Promotion Board in order to target new markets, with Felivaru Fisheries, Maldives Industrial Fisheries Company (MIFCO), Horizon Fisheries all awarded Halal certificates in April.

Deputy Minister at the Ministry of Islamic Affairs Dr Aishath Muneeza told Sun Online that the certification had been approved for three years by the Singapore authority, expressing confidence that the development would open up international markets.

Likes(0)Dislikes(0)

Donations made from Zakat fund to children’s home, centre for persons with special needs

The Ministry of Islamic Affairs has donated MVR100,000 (US$6,485) to the children’s home in Vilimalé and MVR140,000 (US$9,079) to the centre for persons with special needs in the island of Guraidhoo in Kaafu atoll from the Zakat fund, reports newspaper Haveeru.

Zakat is the obligatory alms tax collected from the accumulated wealth of all able Muslims.

Speaking at a ceremony to hand over the donations today, Islamic Minister Dr Mohamed Shaheem Ali Saeed noted that this was the first time donations to the children’s home and the disability centre were made out of the Zakat fund.

The children at the Vilimalé home and persons with special needs were among the most deserving groups for financial assistance from Zakat proceeds, Shaheem reportedly said.

He added that details of expenditure would have to be submitted to the ministry.

Deputy Gender Minister Sidhatha Shareef meanwhile noted that the Islamic ministry has previously provided financial assistance to the children’s home and disability centre.

According to the local daily, MVR3.4 million (US$220,493) was collected as Zakat this year.

Likes(0)Dislikes(0)

Fisheries ministry extends application period for loans

The Ministry of Fisheries and Agriculture has extended the application period for seeking loans from an MVR8.8 million (US$570,687) fisheries development programme to modernise fishing vessels.

According to local media outlet CNM, the ministry decided to extend the deadline after it expired on July 9 following a number of requests from fishermen.

The new deadline is September 14, the ministry announced, while 60 percent of the loans are earmarked for young fishermen. Details of the loans would be available at the ministry and Bank of Maldives branches across the country.

Likes(0)Dislikes(0)

PPM MPs reluctant to approve Dr Shakeela as health minister

Several MPs of the ruling Progressive Party of Maldives (PPM) are not in favour of approving Dr Mariyam Shakeela as health minister in an upcoming vote on parliamentary approval for her nomination, reports CNM.

An unnamed MP told the online news outlet that Majority Leader Ahmed Nihan organised an informal secret ballot at a PPM parliamentary group meeting last Wednesday (July 23).

“Most members were not that positive,” the PPM MP was quoted as saying.

CNM has meanwhile learned that Nihan has communicated the results to the government as well as Shakeela and sought her opinion on the possibility of resigning from the post.

PPM MPs were against approving her to the post because of her handling of several incidents in the health sector during the past few months, CNM claimed.

The President’s Office submitted Shakeela’s name for parliamentary consent earlier this month. She was reappointed to the cabinet after her ministry was renamed Ministry of Health from Ministry of Gender.

The department of gender was meanwhile transferred under the newly-created Ministry of Law and Gender.

The parliament’s government oversight committee narrowly approved the nomination at a meeting last week and forwarded the matter to the People’s Majlis floor for a vote.

As opposition Maldivian Democratic Party MPs and Jumhooree Party MPs voted against recommending the nominee for approval, Chair Riyaz Rasheed cast a tie-breaking vote.

Despite the PPM majority on the key oversight committee, the vote was tied 5-5 after PPM MP Abdul Latheef Mohamed abstained.

The MP for Haa Alif Dhidhoo had joined the ruling party after being elected as an independent.

Likes(1)Dislikes(0)

Dhiraagu concert delayed in solidarity with Palestinians

Local telecommunications provider Dhiraagu has cancelled its annual Eid al-Fitr music event in solidarity with Muslims facing Israeli attacks in Palestine.

“This is a very colourful event which we hold to celebrate Eid every year. But we’ve cancelled this year’s Eid show to express our grief for the suffering faced by Muslims in Gaza,” Senior Marketing Communications and Public Relations Executive Imjad Jaleel told Sun Online.

He went on to explain that the show will be held during Eid al-Ada in October instead.

Likes(0)Dislikes(0)

Foreign investments should not threaten independence, says home minister

The current administration should carefully consider how far and wide the country’s doors should be opened to foreign investors in order to protect economic independence and sovereignty, Home Minister Umar Naseer has said.

In his speech at a flag-hoisting ceremony held last night to mark the 49th Independence Day, Naseer said tactics to “enslave” nations in the present day involved infiltration of the economy and “ideological warfare”.

“[But] the happy news is that the policy of the current government is very clear,” he said, adding that President Abdulla Yameen’s administration would ensure that independence and sovereignty are protected when economic zones are created to attract foreign investors.

The property and assets of the Maldivian people would be preserved, he said, while the government would also ensure that necessary “restrictions” are in place when the special economic zones are established.

Likes(1)Dislikes(0)

More than MVR2 million donated to Gaza fund

A total of MVR2.3million (US$149,157) and US$8,089 has been donated to the Gaza fund set up by the religious conservative Adhaalath Party (AP) to provide financial assistance to Palestinians affected by the ongoing Israeli military aggression.

In addition to fund boxes placed in the capital Malé and other islands across the country, according to the AP, dollar and rufiyaa accounts have been opened in the Bank of Maldives and the Islamic Bank of Maldives to collect donations.

Fund raising activities are set to continue till August 17, after which the proceeds will be channeled through the Qatari Red Crescent.

Meanwhile, Foreign Minister Dunya Maumoon issued a statement on Thursday (July 24) condemning the Israeli bombing of a United Nations shelter in Beit Hanoun, Palestine.

“It is a cowardly and shameful act on the part of Israel to target a UN shelter whose exact coordinates were given to the Israeli military by the UN. It again underscores the need for the UN Security Council to take urgent and stronger actions against Israel. The international community has a duty to put pressure on Israel to stop the killing and to end the crippling blockade of Gaza,” she was quoted as saying in a foreign ministry statement.

The statement noted that the Maldives co-sponsored a resolution at the UN Human Rights Council last week to establish an International Commission of Inquiry to investigate “atrocities” committed by Israel in the ongoing conflict, which has seen more than 800 people killed.

Following an announcement by the government last week of its intention to boycott Israeli imports, Commissioner General of Customs Ahmed Mohamed told local media on Thursday that the import ban has now been enforced.

“From today, any attempt to import Israeli products will be blocked, and the importer will be given the chance to re-export, failing which the products will be destroyed,” he told Sun Online.

Likes(1)Dislikes(0)

Comment: Open letter from refugee Abraham Naim to people of Maldives

Abraham Naim is a Maldivian who claimed asylum in New Zealand last year for fear of persecution at home due to his homosexuality – a crime under the Maldives’ Shariah-based legal system.

Naim made international headlines last month after New Zealand media wrote about his prize-winning drag act, performed under the pseudonym Medulla Oblongata.

To the people of the Maldives,

There have been a lot of things said about me in the media back home, and I would like to say a few things in response.

Firstly, I am not a transgendered woman, I am a drag queen. What I do is performance art. I do not wish to live as a woman. I entertain people and talk about issues that have affected me while living in the Maldives and abroad.

I am not crazy and I am not a monster. I believe in human rights for all Maldivians, and for all the people of the world. I am exercising my right to self-expression. I care deeply about people no matter how they happen to present themselves physically. Human rights are for all people, no matter how they choose to live their lives.

Some of you think I am an example of what is wrong with Maldives’ society.

I am not what is wrong with Maldives’ society. Kleptocracy is what is wrong with Maldives’ society. Child prostitution is what is wrong with Maldives’ society. State sponsored drug trafficking and addiction is what is wrong with Maldives’ society. Poverty and corruption is what is wrong with Maldives’ society.

I am a Maldivian and proud. I ask all of you that you to take a good look at your situation in the Maldives, rather than at me. You may try and dismiss what I have to say, but try to see the truth: you live in the country that I fled. My asylum was absolutely legitimate. You live in a place deemed one of the twenty-five worst places to live in the world.

I refer you all to the Biological Behavioural Survey of the Maldives done in 2008. The survey was done in conjunction with the UN, WHO, and UNESCO.  It discovered the illness in our society. It exposed the truth that HIV rates climb as people fall victim to something so easily preventable through education, that drug use begins as young as eight in the Maldives, that injecting drug use starts as young as twelve in the Maldives; that prostitution also begins as young as twelve in the Maldives; and poverty and inequality hangs in the air like an odourless gas.

This is not the way society should function. The children of the Maldives, YOUR CHILDREN, are being terrorised and destroyed by this evil – and yet here you all are getting upset by one little drag queen.

Some of you have asked me if my friends and I have lost our minds.

We have not lost our minds, we are exercising our freedoms. I can’t tell if your comments imply disbelief in my lifestyle or a misplaced religious concern for my immortal soul, but let me explain something to you: I am doing nothing wrong by living my life the way I want to, the way that makes sense to me. The way that makes me feel happy.

I am an honest person; what you see on my pages is how I think and feel, and there is nothing in our culture that prohibits me from doing so. I believe you are making up the rules as you see fit, based on the ideas you have about the world and what you feel comfortable with. As the French political thinker De Tocqueville noted, ‘society has a network of small, complicated rules that cover the surface of life and strangle freedom’. These small, silly rules oppress you just as much as they oppress me. How are they serving you exactly?

To all the Maldivian people who are messaging me on social media:

Many of you have been messaging me just saying “hello” and do not know what to say when I message you back. I am a busy drag queen and I am not able to try and befriend all of you, particularly as I never know whether your intentions are hostile or not. If you have something that you want to say, something thoughtful to say, please say it. Otherwise you are free to read my posts to find out what I think.

Some of the messages I get from you have asked me to come back to the Maldives to be some sort of political activist and fight for your rights. If I go back to the Maldives I will almost certainly be killed. The request to come back irritates me no end. I have only just been granted asylum, I am only just settling into my new country and the upheaval I went through in becoming a refugee was enormously upsetting.

I had to leave knowing I would never see most of the people I truly care about ever again. I would not see the young children in my extended family grow up and become adults, and I would have to leave a part of my life behind forever.

If you want to change Maldives society, then change it. The old fat men in power who squeeze the life out of our country only have as much power as you give them. You can be the change that you are looking for.

It may no longer be my place to try and force new ideas on this country that perhaps cannot, or will not change before it slips back into the Indian Ocean, but I still believe all of you deserve so much better. I will not censor myself because what I have to say might make others feel uncomfortable. That I cannot control.

Although I am abroad I promise to keep fighting for what I believe in – civil and human rights. I am always happy to hear your stories. I am happy to talk about the oppression you are facing, my door is always open, and I will always support you.

Before I am a drag queen, before I am a gay man, and before I am even a man, I am human.

As the philosopher Kierkegaard once said; to label me is to negate me. It may make it easier for you to see me as the enemy, but I am simply a person trying to live my best life in peace and happiness, and I wish the same for all of you.

I promise to do everything I can to bring your voices to the international stage. I know how hard it can be. I have lived it.

Live the life you want.

Sincerely,

Medulla Oblongata A.K.A.Abraham Naim

P.S.*

I would also like to address my winning performance at Miss Capital Drag this year, which many Maldivians were very upset about. It was reported in the Maldives as me winning a stripping competition. It was not. It was a drag competition. Nobody in the Maldives has ever seen the performance because only a snippet was uploaded on to the internet.

The Maldivian reaction to what I did thousands of miles away speaks volumes about the brutal outlook of the country. I am not saying that you are wrong because you don’t know, care, or understand what drag is; but what I am saying is that the government reacting to the performance by sending thugs around Malé to viciously assault anyone who seemed a bit too well dressed or sophisticated was disgusting and pathetic and hurt me deeply.

There are cultural aspects of what I did that may be lost in translation, but I will try to give you an idea of what it was all about.

In the West, drag is part of the rich cultural tapestry that reflects the diversity of people and outlooks. It is a vibrant part of the world’s cultural history, and has been an art form in one way or another going back since before ancient Greece.

I wanted to talk about myself through my performance. I wanted to show that I was from the Muslim world using an iconic piece of clothing, the abaya, a garment that is worn by both men and women. I removed it to reveal a tailored haute couture garment that I had been sewn into. I am not the first drag queen from the Muslim world to have worn Muslim attire.

Indian drag queens can wear divine hand painted saris, African drag queens can wear the most colourful tribal attire, but somehow because the outfit I wore was symbolically Islamic, it has taken on almost sacred qualities. Have any of you ever stopped to consider that the issue existed before I stepped on to that stage? I did not create it; Muslim women’s attire has been a battleground since before I was born. Yes, I was aware of that. I have been aware for some time that exploring many aspects of my culture holds implicit criticism, because they are things already bathed in controversy.

The mere concept of what appears to be a woman removing Islamic clothing and revealing western clothing has scandalised a nation all the way over in the Indian Ocean somewhere. You have surrounded women’s appearance in so much mystery that it has overtaken a deep part of the cultural psyche. I performed this for the benefit of the audience that was there on the night, not for Maldivians to choke on their breakfast reading the morning paper. The hang-ups of people in a society which ostracised and oppressed me, and ultimately caused me to seek asylum in a foreign country are no longer mine to worry about.

*This is an edited version of the original postscript which can be read in full here

Likes(1)Dislikes(2)