Maldivian jailed in Thailand for 14 months

A 44-year-old Maldivian man has been sentenced to 14 months in jail in Thailand for using counterfeit US dollars and overstaying his visa.

Nahula Ali, executive coordinator at the Foreign Ministry, told local media that the Maldivian citizen was indicted in June and had confessed to the crime.

Local media has identified the man as Abdulla Saeed from Raa Atoll Ungoofaru.

The Foreign Ministry has reportedly communicated the news to the man’s family and local authorities.

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MACL staff protest discrimination in annual bonus

An estimated 150 employees of the state-owned Maldives Airports Company Limited (MACL) demonstrated over discrimination in bonus payouts today.

The protests started on Tuesday morning after leaked documents indicated senior management and an estimated 200 staff members working at the duty free shops were to receive a percentage of profits while other employees were only to receive an amount equivalent to their basic salaries.

Speaking to Minivan News, a staff members who took part in the protests said senior staff and duty free staff were to receive up to MVR80,000 (US$5188) while most staff members were to receive between MVR6000 (US$389) and MVR15000 (US$972).

“Around 1900 employees are to receive an amount equivalent to their basic salaries, which comparatively is a very low amount. Their [management] justification is that duty free employees reached a profit target. But there are others who work as hard, and earn the company as much money in other departments,” she said.

A handful of senior level employees in some departments would receive between MVR25,000 and MVR50,000 (US$1621 – US$3242), she said.

“This is a huge difference, a huge discrimination which is against the company’s general human resource policy. Most of us are giving our hundred percent to the company, and our work brings in as much money as the duty free staff,” the protesting staff member said.

The demonstrations were peaceful and not intended to obstruct airport operations in the airport, she continued.

“We stood up for our rights, we are not against the management nor did we have any intention to obstruct the operations here. We were demanding an explanation.”

Managing Director of MACL, Ibrahim ‘Bandhu’ Saleem, met the protesters yesterday and told them the company board will hold discussions and reach a decision on the matter as soon as possible.

In response, protesters today demanded a deadline for the decision. Subsequently, the company issued a circular stating that bonus payouts will be revised and a decision will be made before August 31. The circular was changed a second time to specifically mention that the issue will be resolved in an equitable manner on the protesters’ demands.

An MACL spokesman told Minivan News today that the leaked document was not an official one and no decisions have been made yet over the distribution of bonuses.

“The management have discussed the issue with the protesting staff members now and it is settled. Everyone has gone back to work. It all started with a leaked document, which is not final in anyway. The bonus amounts would be announced before August 31,” he said.

The decision to grant annual bonus to employees was made after a staff members protested its discontinuation in March. At the time the employees also raised the issue of the poor quality of food provided at the staff cafeteria.

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Civil Court protects ballot secrecy in JSC lawyer election

The Civil Court has ruled against setting up polling mechanisms on every inhabited island to elect a representative from the legal community to the Judicial Services Commission (JSC), arguing the move would violate the secrecy of the ballot.

A regulation compiled by Attorney General (AG) Mohamed Anil states ballot boxes can only be placed in islands where more than five lawyers are registered to vote. However, Gaaf Dhaal Fiyori Island Magistrate Abdul Razzak Mohamed asked the court to annul the requirement and asked for a voting mechanism to be established on every island.

An estimated 700 lawyers are eligible to vote in the election. These include 136 magistrates stationed throughout the Maldives.

Judge Ali Rasheed Hussein on Tuesday said the regulations require the vote to be by secret ballot and said voting mechanisms on every island, where only one lawyer casts the vote, would compromise secrecy.

Mohamed had lodged the complaint a day ahead of polls on July 13. Subsequently, the Civil Court issued an injunction delaying the vote.

Former Deputy Prosecutor General and JSC candidate Hussein Shameem who has long criticised judicial interference in the election has welcomed the Civil Court verdict.

“The verdict yesterday proves the Fiyori magistrate had no case. He has caused an undue delay to the process. An election involves the rights of a group of people, not just one individual. I hope the courts consider this in the future and that there are no more delays,” he said.

The Attorney General’s Office has said a new poll date will be announced in August.

Despite ruling against polling systems on every island, the Civil Court said the AG had contravened procedures in the voter registration process. The regulations state eligible voters must be given a four day period for registration once polling date is announced.

However, the call for registration came before the finalised voter list was published, the ruling said.

Magistrate Mohamed did not attend the hearing. But Judge Hussein delivered the ruling in absentia on the wishes of the AG’s office. Judges are authorised to throw out complaints if the complainant fails to attend a hearing.

Four candidates are contesting in the vote. They are Hussein Shameem, Anas Abdul Sattar, Mohamed Faisal, and Latheefa Qasim.

Lawyer Mohamed Fareed withdrew his name on July 10, expressing concern over judicial interference in the election following the Supreme Court’s ruling allowing all licensed lawyers, including sitting MPs and judges, to vote in the election.

“The belief that an election in the Maldives may proceed without Supreme Court interference is against the facts, reality. This is the reality now,” he said at a press conference.

Had voting mechanisms been set up on every island, magistrates would have been forced to vote for the judiciary-backed candidate Latheefa Qasim, he suggested.

Latheefa is a public relations staff at the Department of Judicial Administration and served on the JSC for a year as former President Dr Mohamed Waheed’s appointee to the commission. Latheefa did not respond to calls at the time of press.

Meanwhile, former AG Husnu Suood has accused businessmen and judges of influencing the JSC lawyer election, suggesting Latheefa is backed by Jumhooree Party leader Gasim Ibrahim.

“We have to do a lot to protect the integrity and independence of the legal profession. We, lawyers, can only uphold independence and integrity of the legal profession if we minimise the influence of judges and businessmen in such elections. I think businessmen actively influencing and actively campaigning for individuals who stand for the election obstructs the independence of both the judiciary and the legal profession,” he said.

Suood has also accused the ruling Progressive Party of the Maldives of attempting to fix the composition of the new JSC.

Although he is skeptical of reform through the commission, Suood urged lawyers to back Shameem in order to ensure transparency within the JSC.

“If there is a single effective candidate, I believe they can give us information and work to make the JSC more transparent. There is a huge difference between one person being there and none being there,” he said.

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MPs clash over amendments to Human Rights Commission Act

Pro-government MPs clashed with MPs of former coalition partner Jumhooree Party (JP) and opposition Maldivian Democratic Party (MDP) today over amendments proposed to the Human Rights Commission of Maldives (HRCM) Act of 2006.

During debate on the government-sponsored amendments, JP MP for Dhagethi, Ilham Ahmed, objected to giving powers to the HRCM to suspend employees of state institutions for two weeks for not complying with the commission’s orders.

The proposed amendment to Article 26(b) of the HRCM Act also confers the authority to impose a fine of between MVR3,000 (US$195) and MVR25,000 (US$1,621) for non-compliance.

The JP deputy leader contended that the powers could be misused to either arbitrarily fine or “bring into disrepute” a state employee over “simple matters,” adding that HRCM members would be “under the control” of the majority party in parliament.

Some members of independent commissions have “for sale boards on them,” he alleged, and could be bribed to issue reports.

Responding to the criticism, Majority Leader Ahmed Nihan noted that the existing law empowers the HRCM to place individuals under house arrest for three months over non-compliance with orders.

Moreover, the commission has the authority to dismiss employees of state institutions for non-compliance.

Attempts to mislead the public were “regrettable” as the government’s intention was to “provide relief”, said the Progressive Party of Maldives’ (PPM) parliamentary group leader.

The amendments (Dhivehi) were submitted on behalf of the government at today’s sitting of parliament by PPM MP Jaufar Daood.

The purpose of the legislation was to bring the HRCM law in line with the new constitution adopted in August 2008, he said.

Some provisions in the HRCM law – enacted two years before the ratification of the new constitution – conflicted with articles 189 through 198 of the constitution, which specifies the responsibilities and powers of the commission, Daood said.

During the debate, PPM MP Saud Hussain argued that the current administration inherited the task of amending laws for adherence to the new constitution as the previous parliament failed to do so during the past five years.

Opposition MPs, however, contended that the then-opposition parties used their provisional majority in parliament to obstruct the MDP government.

The amendments to the HRCM Act are among a number of bills drafted by the Attorney General’s Office to bring outdated laws in line with the new constitution.

The current administration’s the legislative agenda is comprised of  207 bills, including 98 new bills and 109 amendments to existing laws.

During today’s debate, JP MP for Kendhoo, Ali Hussain, meanwhile contended that parliament and not the executive should decide among candidates who apply for HRCM membership.

The president should not have “all the powers” to decide whom to appoint as members of the HRCM, he added.

PPM MP Ali Shah noted, however, that the Majlis had the authority to reject nominees forwarded by the president for parliamentary consent.

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PPM MP Ibrahim Riza elected to represent Majlis on JSC

Progressive Party of Maldives (PPM) MP for Kaafu Guraidhoo, Ibrahim Riza, has been elected at today’s sitting of parliament to represent the People’s Majlis on the Judicial Service Commission (JSC).

Riza’s nomination was approved with 47 votes in favour and 27 against. Riza was nominated by Majority Leader Ahmed Nihan and seconded by PPM MP Jameel Usman.

The opposition Maldivian Democratic Party had decided to back Jumhooree Party MP Ali Hussain for the post.

The JSC is comprised of the Speaker of the People’s Majlis, a Supreme Court Justice elected by the bench, a High Court judge elected by the judges of the High Court, a judge of the lower courts elected by the judges of the lower courts, an MP elected by parliament, a member of the public appointed by parliament, a presidential appointee, the attorney general, president of the civil service commission and a lawyer elected from among licensed legal practitioners.

Also at today’s sitting, PPM MP Mohamed Waheed Ibrahim was appointed as the parliament’s representative on the Clemency Board with 48 votes in favour and 29 votes against.

PPM MP Ahmed Rasheed was meanwhile appointed as the parliament’s representative to a coordinating committee created under the anti-human trafficking law passed last year.

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Majlis accepts two government-sponsored bills for further review

The People’s Majlis yesterday accepted two pieces of legislation submitted on the behalf of the government and sent the bills to committee for further review.

An amendment proposed by Progressive Party of Maldives MP Abdulla Rifau to a 1976 law governing mandatory national service for students of public schools as well as private schools operating with state financial assistance was accepted unanimously with 75 votes.

Amendments to the Lagan, Derelict, Flotsam and Jetsam Ownership Act of 1998 was meanwhile accepted with 67 votes in favour and one against. The amendment bill was sent to the economic affairs committee for further review.

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Parliament endorses nominees for four diplomatic posts

The People’s Majlis approved four nominees of President Abdulla Yameen to top diplomatic posts at yesterday’s sitting following evaluation by the national security committee.

All four nominees were endorsed with unanimous consent of all MPs in attendance.

Dr Mohamed Asim, of Galolhu Vaijeheyge, was approved as non-resident high commissioner to the People’s Republic of Bangladesh while Ahmed Shian, of Galolhu Samantha, was appointed ambassador of Maldives to Belgium and the European Union, and non-resident high commissioner to the United Kingdom.

Fathmath Inaya, of Manchangoalhi Resting House, was approved as non-resident high commissioner of Maldives to Singapore and Abdulla Hameed, of Maafanu Crescent Wood, was approved as the non-resident ambassador of Maldives to United Arab Emirates and the State of Kuwait.

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Seleznyov’s Guam hearing delayed as defence claims Maldives’ arrest was illegal

The lawyer of alleged Russian hacker Roman Seleznyov has alleged his client’s detention in the Maldives was illegal, calling for the termination of his case based on “outrageous governmental misconduct” by the United States.

“The U.S. agents disregarded the U.S. law which prohibits the execution of warrant of arrests on foreign soil, disregarded Maldives law which affords fundamental legal protections, and disregarded well-established principles of international law which prohibit government-sponsored abduction of non-combatants,” Defence Attorney Patrick Civille was quoted as saying by local media in Guam.

Seleznyov was taken to the US territory after being detained at the Maldives’ Ibrahim Nasir International Airport on July 5. Outraged Russian authorities have described his arrest as “kidnapping”.

A removal hearing scheduled in Guam today has been delayed while Guam Chief Judge Frances Tydingco Gatewood determines whether she has jurisdiction over the case.

Seleznyov’s attorneys are reported as saying their client was detained by US rather than Maldivian personnel, as well as questioning the validity of the Interpol red notice used to detain him, claiming the notice was only issued on the day of the arrest.

An initial US press release revealed no details of the location of the arrest, though it was clearly stated as having taken place on July 5. A subsequent statement by the US Attorney’s Office in Guam said that Seleznyov had been arrested in Guam on July 6.

Arrested by US personnel

Civille’s motion is reported to have argued that  his client was “in fact taken into custody by agents of the United States Secret Service while physically present in the Republic of the Maldives,” said Kuam News.

“While on foreign soil, Seleznev [sic] was detained, handcuffed and questioned by U.S. law enforcement agents who then quickly spirited Seleznev away from Maldives to Guam on a private jet chartered by the United States,” continued Civille.

“His arrest therefore occurred on foreign soil, not upon the territory of the United States, and thus his presence before this court has been procured in an unlawful manner.”

Assistant US Attorney Marivic David is reported to have argued that the Guam court’s role is simply to positively identify the suspect in order to issue an order for his removal to the Western District of Washington in the US where Seleznyov was indicted in March 2011.

In a statement provided for the District Court of Guam, Seleznyov has described his arrest by US personnel on July 5.

“One of the three Americans screamed loudly that he was with the United States Secret Service and that I was under arrest. When I asked why I was under arrest, a paper was aggressively dangled in front of my face,” Marianas Variety reported Seleznyov as saying.

“None of these individuals was a Maldives law enforcement agent as far as I could determine,” Seleznyov is quoted as saying.

While Russian media have also quoted eyewitnesses who reported non-Maldivians detaining the Seleznyov, President Abdulla Yameen has previously dismissed claims of a US Secret Service operation on Maldivian soil as baseless.

Strained relations

After a high-level government delegation met with Russian diplomats in an attempt to smooth relations, Home Minister Umar Naseer last week said that Maldivian authorities would have acted differently had they know the suspect was the son of a Russian MP.

“Had it been known that he was a high-profile person in Russia, we would have discussed with Russia. We would have talked and found out what they thought of the matter. We don’t want at all to do anything to displease Russia,” Naseer said on TVM’s Raajje Miadhu (Maldives Today) programme Thursday night (July 17).

Selezynov’s father Valery Seleznyov has called on Russian authorities to impose economic sanctions on the Maldives and reportedly offered US$50,000 for evidence proving his son was detained by US intelligence agents.

US officials in have maintained that Maldivian authorities acted under their own laws, expelling Seleznyov from the country before his subsequent arrest.

Seleznyov is accused of bank fraud, identity theft, and other cyber crimes. The US have described him as “one of the world’s most prolific traffickers of stolen financial information”.

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Immigration deports 6,400 undocumented workers, holds 159 in detention

The Department of Immigration and Emigration deported 6,400 migrant workers between January and July and is currently holding 159 workers in detention.

According to the department, barring a handful arrested on criminal offenses, all were undocumented – some having worked illegally for up to 12 years.

“This is not just a programme we carry out for this period, it will be a continuous process,” said Controller of Immigration Hassan Ali, who also promises action against employers.

“We have been warning about this for several years now, but there will be no warning anymore. We are taking action.”

The controller has made assurances that immigration staff are aware of the risk of deporting trafficking victims, and said that no legal rights were being infringed upon during the detention of migrant workers.

He urged small businesses to ensure recruitment agencies provide the correct information to migrant workers prior to their arrival. He also revealed long term plans to check company immigration records before awarding government contracts.

The current special operation to deport undocumented workers was announced on April 24, with Minister of Defence and National Security Mohamed Nazim – also in charge of the immigration department – promising “the whole Malé will be cleaned [of migrant workers]” within three weeks.

In December 2013 the department also conducted a voluntary repatriation program to allow for the regularisation of workers through easier documentation processes and the option to return legally after six months.

Those detained under the current programme are deported as soon as possible, and will be unable to return to the Maldives within the next ten years.

Their documents are arranged through their respective foreign offices and the travel fare is arranged with money deposited at the department prior to their arrival, or through their employers.

Trafficking risk

The Human Rights Commission of the Maldives (HRCM) has previously expressed concern over the programme, stating that victims of human trafficking may also be deported.

While the national anti-trafficking steering committee established under the new Anti-Trafficking Act has drafted a national guideline of internationally accepted standards, it is yet to be approved and used at a national level.

“No, we do not have such a standard at the moment,” Hassan Ali told Minivan News this week.

“However, our staff have taken part in programmes conducted by organisations like IOM [International Organization for Migration] and ILO [International Labor Organization] on human trafficking. They are well aware of indicators of trafficking and have identified some cases and forwarded those to the police,” the controller continued.

The 2014 US State Department’s Trafficking In Persons Report highlighted lack of procedures to identify victims among vulnerable populations, and inadequate training for officials.

The report stated that “the government penalized some victims for offenses committed as a result of being trafficked and also deported thousands of migrants without adequately screening for indications of forced labor.”

Detention

Until deportation, most workers are detained at Hulhumalé prison, or sometimes in the police custodial centers, the immigration department explained.

Hulhumalé prison, which also holds a number of convicted criminals, is being used as a detention facility for undocumented workers as the immigration department lacks its own facility.

Article 48 of the Constitution outlines rights of a person during arrest or detention – rights extended to immigrants – which include the right to an attorney, and to be brought before a judge within 24 hours to determine the validity of the detention.

Referring to the phrasing of the article, which states that only “a person detained for being accused of a crime” has the right be brought before a judge, Hassan said it does not apply to immigration detention of undocumented workers.

“I don’t even want to call this detention. We are sending them back as soon as we can, sometimes immediately, sometimes within a day. But sometimes it takes longer than that,” he said.

He added that the department was authorised under the Immigration Act and the Parole Act.

Article 21 of the Immigration Act states that it is unlawful for anyone without proper documentation to remain in the Maldives, authorising the controller to detain such persons, at a place of his choosing, until deportation.

Prominent lawyers have noted that, while the detention is valid, it is important to ensure it does not extend beyond a reasonable period of time and that the  HRCM should ensure their rights are guaranteed during that period.

Minivan News understands the Hulhumalé Prison was recently visited by HRCM, who are mandated to monitor places of detention under the Human Rights Commission Act, the Anti-Torture Act, and the UN Optional Protocol to the Convention against Torture.

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