JSC denies reports of ethical misconduct case against new prosecutor general

The Judicial Service Commission (JSC) has denied allegations made by opposition-aligned private broadcaster Raajje TV that it had found Criminal Court Judge Muhthaz Muhsin guilty of ethical misconduct.

Muhsin was approved as the new prosecutor general by parliament yesterday following his nomination to the vacant post by President Abdulla Yameen and sworn in at a ceremony this morning.

In a press release on Sunday (July 20), the judicial watchdog body said it had not “concluded any complaints” against Muhsin.

“[T]he news reported by Raajje.mv and Raajje TV claiming that [Muhsin] has been found guilty of ethical misconduct is false and the commission regrets with concern that such false information has been disseminated,” the press release stated.

The JSC explained that complaints against judges are scrutinised by the commission’s complaints and investigation section, which submits a report to the ten-member commission for consideration.

The commission then decides to take disciplinary action following further investigation by a subcommittee after offering a 30-day period for the accused judge to respond.

JSC Spokesperson Hassan Zaheen told Minivan News yesterday that the commission could not confirm whether a complaint had been filed against a specific judge.

The JSC provides information to the public once an investigation has been completed and a decision made regarding a complaint, he explained.

“Anyone can submit complaints about judges, even if a person did not like the way a judge was walking on the street for example,” he said.

Judges “could not live in this country” if the JSC revealed to the media when a complaint has been lodged against a judge, Zaheen suggested.

Leaked report

Raajje TV reported this week that an investigative report into a complaint filed against Muhsin in April 2010 was completed on May 30 this year.

The leaked report showed that a subcommittee found Muhsin had violated ethical standards by allegedly attempting to prevent a suspect arrested for theft from being held in remand detention.

Muhsin allegedly called the investigating police officer and Criminal Court judges at the behest of the suspect’s wife.

In testimony to the JSC subcommittee, the police officer allegedly said that Muhsin had called him asking whether the suspect was in police custody and had sought information regarding the case.

The television station has stood by its news report, noting that the leaked investigation report bore the JSC letterhead.

Raajje TV also noted that opposition Maldivian Democratic Party MPs who evaluated Muhsin’s nomination in the parliament oversight committee had requested that information of the complaint be sought from the JSC.

However, the pro-government majority on the independent institutions oversight committee rejected the proposal.

Meanwhile, according to local media, the case in question involved former Chief Inspector Mirfath Faiz, whose husband was arrested for stealing a mobile phone in 2010.

In a Civil Court case over her subsequent dismissal from the Maldives Police Service, the Attorney General’s Office informed the court that Faiz had called Muhsin to save her husband from being taken to the Criminal Court to have his detention extended .

“Politicised”

The JSC is tasked by the constitution with investigating complaints and taking disciplinary action against judges.

According to the JSC’s annual report for 2013, the commission has yet to conclude investigations or make a decision regarding 106 cases, which were pending at the end of last year, including one complaint dating back to 2008 and four complaints from 2009.

Other pending cases included 13 complaints from 2010, 16 complaints from 2011, 17 complaints from 2012 and 55 complaints from 2013.

The complaints against judges involved allegations of bias, lack of integrity, behavioural misconduct, discrimination, incompetence, procedural violations, inordinate delays in concluding cases, and breach of law and the constitution.

In a comprehensive report on the Maldivian judiciary released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, noted that there was consensus on the view that the current composition of the JSC was “inadequate and politicised”.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” she wrote.

Moreover, the lack of transparency regarding proceedings over complaints, the criteria used to initiate proceedings, and JSC decisions “nourishes serious allegations of selectivity in the management of complaints.”

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Chinese envoy sees expanded China-Maldives economic cooperation: People Daily

Chinese Ambassador Wang Fukang has told Chinese news agency Xinhua that China and the Maldives are in a position to expand economic cooperation across wide areas.

“The ambassador said that the current Maldivian government is trying to diversify its single economic structure and is committed to attract more foreign investments, including those coming from China,” wrote the state news agency.

“Wang noted that since Maldives is located in the heart of the Indian Ocean, it is an ideal hub for trade between East and the West and that every year a large number of cargo ships pass through the Maldivian territorial waters.

Since Maldives is also a member of South Asian Association for Regional Cooperation (SAARC), it enjoys preferential tax in the region. With the help of these benefits, the Maldivian government aims to actively attract foreign investments, establish special economic zones and develop transshipment and manufacturing industries.

The Maldivian government organized the first “Maldives Investment Forum” in Singapore in April, promoting five mega- projects, including the special economic zones, expansion of Ibrahim Nasir International Airport, Hulhumale’ Phase II development, expansion of Male Harbor and oil exploration.

Currently, the Maldivian government is formulating a Special Economic Zone Bill which aims to provide more incentives to foreign investors in terms of tax breaks, relaxed financial requirements and preferential land use.

Ambassador Wang stressed that China and Maldives could focus on enhancing cooperation in three areas.

‘The first is tourism cooperation. Since 2010, China has remained the largest source of tourist arrivals in the Maldives. In 2013 alone, more than 330,000 Chinese tourists visited Maldives. In the future, both sides could encourage more Chinese tourists to visit Maldives. Maldives could attract potential Chinese companies to invest in the tourism sector of the country,’ Wang said.

The second area for cooperation between the two countries is infrastructure development.The new Maldivian government could initiate large-scale infrastructure projects where Chinese enterprises could participate, he said.

The third area is maritime cooperation. Wang said that China is willing to train maritime personnel, discuss and sign memorandums of understanding in the area of maritime cooperation, strengthening cooperation in fisheries, marine research, protection of ecology and environment as well as climate change.”

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Majlis passes amendment to Territorial Waters Act

The People’s Majlis yesterday passed an amendment to the Territorial Waters Act of 1996 following review by the national security committee with unanimous consent of 80 MPs.

The amendment (Dhivehi) was proposed on behalf of the government by Progressive Party of Maldives MP Ali Shah and sent to committee for further review on July 2.

The amendment state that a two-third majority of parliament would be required to make changes to the territorial waters of the Maldives.

The legislation was among a raft of amendments submitted by the government to bring outdated laws in line with the new constitution adopted in August 2008.

An amendment proposed to the Disability Act by Adhaalath Party MP Anara Naeem to raise the monthly allowance provided to persons with special needs was meanwhile accepted at yesterday’s sitting of parliament.

All 81 MPs in attendance voted unanimously to accept the bill, after which it was sent to the social affairs committee for further review.

Government-sponsored legislation on repealing a law governing government acquisition of private property with legal compensation was also accepted for review at yesterday’s sitting.

The bill was accepted with 79 votes in favour, one against, and one abstention, and sent to the independent institutions oversight committee for review.

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Majlis approves reintroducing car allowance for ministers

The People’s Majlis approved a revision to the state’s wage structure recommended by the public accounts committee (PAC) to reintroduce a discontinued car allowance for cabinet ministers.

The PAC report (Dhivehi) was passed with 58 votes in favour and 20 against.

On July 14, the PAC approved a request by President Abdulla Yameen to reintroduce the MVR6,500 (US$422) monthly salary for drivers of ministers’ cars as well as a MVR1,000 (US$65) allowance for petrol cost.

Parliament also granted an extension to an MVR50 million (US$3.2 million) overdraft facility provided to the State Electricity Company (STELCO) by the Bank of Maldives.

A recommendation by the PAC (Dhivehi) to extend the duration of the overdraft facility until March 2015 was passed unanimously with 80 votes in favour.

Parliamentary approval for the extension was required under the Public Finance Act.

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Maldives to boycott Israeli products, annul bilateral agreements

The Government of Maldives has today announced the boycott of Israeli products and the annulment of bilateral agreements with the country.

“President Yameen and the Maldivian citizens are with the Palestinian people”, said Foreign Minister Dunya Maumoon at a press conference this afternoon.

Dunya also announced that the Maldives would join other Arab nations in co-sponsoring a resolution at this week’s special session of the UN Human Rights Council (HRC) calling for the protection of an independent Palestinian state and the extension of humanitarian aid.

As well as an admittedly “symbolic” boycott of Israeli products, three agreements – signed in 2009 under the administration of President Mohamed Nasheed – would now be annulled, explained the foreign minister.

The agreements involved cooperation in areas of health, culture and education, and tourism.

“I do not think Maldivians want any help from Israel or want to keep up relations with Israel. So from now on, the agreements have been annulled,” she said.

While she noted that neither that former President Maumoon Abdul Gayoom nor the current government believed in maintaining such relations, she stopped short of announcing the severing of diplomatic ties.

Criticising Nasheed for having established diplomatic relations with Israel, Dunya said that his current statements in support of the Palestinians could not now be accepted.

Addressing the UN General Assembly in 2009, Nasheed argued that renewed diplomatic relations with Israel would be used to reiterate the Maldives’ support for a two state solution.

Boycott

Acknowledging the impact of the Maldives’ boycott would be small, Dunya today noted that other small nations had done likewise with symbolic acts that had been appreciated by the Palestinian government.

“Even though what we give is small or symbolic, the way it is received is important. The message we want to give is we are with the Palestinian people,” said Dunya.

Explaining the boycott, Mohamed Hussain ‘Mundhu’ Shareef, minister at the President’s Office, said the government would soon announce a moratorium on the import of Israeli goods into the country after discussions with the Ministry of Economic Development and Maldives Customs Services.

While the government is calling on businessmen to join the boycott, it will still be possible for some Israeli products to enter the Maldives as the country does not check for the country of origin or manufacturers of imported products. Even so, the government will remove such products from shops in accordance with the Customs Act.

Shareef said that the Maldives may consider lifting the moratorium if the Israeli government’s violation of international resolutions stop.

Regarding other economic links, he noted that there were few tourists arriving in the Maldives from Israel and that there were no Israeli investments in the country.

“Israeli investment is not important for us. We want investments from countries with human rights practices that are acceptable to us,” said Shareef.

Israeli tourists – numbering 2,569 in 2013 – constituted 0.3 percent of total tourist arrivals. In June 2014, 254 Israeli tourists visited Maldives, a 72 percent increase from 12 months earlier.

Domestic pressure

At home, the government remains under pressure from both the opposition and civil society who have called for bolder action concerning the recent escalation of violence in Gaza.

After the opposition leader Nasheed called on human rights defenders to raise their voices against “indiscriminate killings in Gaza”, his Maldivian Democratic Party (MDP) held a rally on July 12 in Malé criticising the government’s initial silence.

On the same day, President Abdulla Yameen phoned Palestinian President Dr Mahmoud Abbas to condemn “Israel’s inhuman actions”, and pledged to do everything necessary in the international arena to aid Palestinians.

Days later, thousands of Maldivians from all sides of the political spectrum gathered across the country to rally in protest against the Israeli offensive.

Nasheed has since called on MDP members to take the initiative and go to Gaza in order to act as a “human shields” protecting Palestinians.

Those who organised the nationwide rally are currently circulating a petition to be submitted to the People’s Majlis calling for a resolution to be passed by MPs.

Speaking to Minivan News, a member of the group said that over 8000 signatures had been collected in just two evenings. Working alongside civil society organisations in the atolls and local councils, many more were expected.

A second online petition has also been launched calling on the government to use Maldives’ seat in the UN HRC to request an investigation into human rights violations in Israel and Palestine and to hold discussions to find a peaceful resolution to the conflict.

The religious conservative Adhaalath Party, along with 11 civil society organisations, had established a donation fund to assist Palestinians affected by the ongoing conflict.

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Majlis approves Criminal Court Judge Muhthaz Muhsin for prosecutor general post

The People’s Majlis has today approved Criminal Court Judge Muhthaz Muhsin for the post of prosecutor general (PG).

Muhsin’s nomination for the role – vacant since November – received 62 votes in favour, and seven votes against, while 12 MPs abstained.

President Abdulla Yameen had nominated Muhsin and his nephew Maumoon Hameed for parliamentary approval on June 2. As Muhsin’s name was put to a vote first and approved, Speaker Abdulla Maseeh Mohamed did not call a vote for Hameed.

Thirteen MPs of the opposition Maldivian Democratic Party (MDP) also voted in favour of Muhsin.

They were Addu Meedhoo MP Rozaina Adam, Felidhoo MP Ahmed Marzooq, Hithadhoo South MP Ali Nizar, mid-Hithadhoo MP Ibrahim Mohamed Didi, Hulhuhenveiru MP ‘Reeko’ Moosa Manik, Komandoo MP Ahmed Nashid, Kulhudhufushi North MP Abdul Gafoor Moosa, Kurendhoo MP Abdul Bari Abdulla, Addu Maradhoo MP Ibrahim Shareef, mid-Henveiru MP Ali Azim, Mulaku MP Ibrahim Naseer, Vaikaradhoo MP Mohamed Nazim, and Velidhoo MP Abdulla Yameen.

While the Jumhooree Party (JP) decided today that its 12 MPs would abstain in the vote, JP MP for Kendhoo Ali Hussain voted in favour of Muhsin.

MDP MP for Alifushi, Mohamed Rasheed Hussain ‘Bigey’, joined the remaining 11 JP MPs in abstaining while all seven MPs who voted against Muhsin belonged to the opposition MDP.

The MDP parliamentary group had reportedly decided last night to issue a three-line whip against Hameed and to give its 23 MPs a free whip to vote as they chose for Muhsin.

With 20 MPs in attendance at parliamentary group meeting last night, the proposal by Deputy Speaker Moosa Manik was passed with 13 votes in favour.

Meanwhile, at a parliamentary group meeting on Saturday (July 19), MPs of the Progressive Party of Maldives (PPM) decided to endorse Muhsin despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan confirmed to Minivan News that a three-line whip was also issued for PPM MPs to vote for Muhsin.

All PPM MPs in attendance along with MPs of coalition partner Maldives Development Alliance (MDA) voted in favour of approving Muhsin as the new PG.

“Puppet”

Maumoon Hameed and Muhthaz MuhsinMaumoon Hameed has meanwhile criticised the PPM MPs’ decision on his Facebook page.

“The reasoning behind the decision of the PPM parliamentary group this afternoon apparently went something like this: ‘He won’t do as he’s told!'” he wrote.

“Given this reasoning, and the evident desire to install a puppet instead of someone who will uphold the law without fear or favour, I applaud the decision to endorse someone (anyone!) other than me.”

Responding to the post, former MP Mohamed ‘Colonel’ Nasheed alleged that PPM MPs on the independent institutions oversight committee were instructed to award zero percent to Hameed and 100 percent to Muhsin  during the vetting process.

Following evaluation of the nominees at a closed session based on academic qualifications, experience, and competence, the oversight committee awarded Hameed 33 percent and Muhsin 67 percent and decided against recommending either nominee for approval.

In a letter to PPM Parliamentary Group Leader Nihan demanding an explanation of the PPM-majority committee’s decision, Gayoom had contended that the committee meeting where the nominees were interviewed was conducted in violation of parliamentary rules.

In the wake of the PPM parliamentary group’s decision to vote for Muhsin, MDP MP Rozaina Adam meanwhile tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

Vacant PG post

Rozaina also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw  Hameed fail to garner the required 39 votes after falling just three votes short.

According to Article 221 of the Constitution, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

Following the previous parliament’s rejection of Hameed, President Yameen refused to submit a new nominee and opened up a third call for applicants, announcing his intention to nominate Hameed for a second time to the newly elected 18th People’s Majlis.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

Meanwhile, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

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Parliament approves new information commissioner, deputy MMA governor

Parliament has today approved former Progressive Party of Maldives (PPM) MP for Laamu Maavah, Abdul Azeez Jamal Abubakur, to the newly created post of information commissioner with 60 votes in favour, 19 votes against, and two abstentions.

The office of the information commissioner was established earlier this month by President Abdulla Yameen under the landmark Right to Information (RTI) Act.

The commissioner’s tenure is five years and has the power enforce a fine on information officers who deliberately refuse access to information. Such a fine may not exceed MVR5000 (US$324).

The commissioner may also fine any individual who destroys requested information, obstructs a public authority or the Information Officer’s from providing access to information. Such a fine may not exceed MVR25,000 (US$ 1621).

Parliament also approved the reappointment of Aishath Zahira as the deputy governor of the Maldives Monetary Authority with unanimous consent of 80 MPs participating in the vote.

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STO plans pharmacy and supermarket in Hulhumalé

The State Trading Organisation (STO) has plans to open both a pharmacy and a supermarket in Hulhumalé, local media has reported.

STO Managing Director of Adam Azim has said that a supermarket for the residents of the Malé suburb would ease the numbers of people having to travel across to the main island of the capital.

Meanwhile, Azim is also reported to have told media that a new 24 hour pharmacy will open within the next two weeks.

“This is something that is needed immediately for the people. The people of Hulhumalé have to travel all the way to Malé to buy medicine most of the time,” Miadhu quoted Azim as saying.

The artificial island of Hulhumalé has been targetted for a number of developments by the current government.

Plans have recently been finalised to double the size of the island, while President Abdulla Yameen has plans to develop a ‘youth city’ of 50,000 people, serviced by a bridge between the capital’s largest two islands.

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No intention to “displease” Russia with Seleznyov expulsion, says home minister

The Maldivian government would have “acted differently” if the Home Ministry had been aware that an alleged hacker expelled on July 5 was the son of a Russian lawmaker, Home Minister Umar Naseer said on state broadcaster Television Maldives (TVM) last week.

“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).

Naseer said that the Home Ministry was only aware of information concerning the suspect’s alleged crimes, adding that the government had no wish to be caught between Russian-American rivalry.

The Russian Foreign Ministry had expressed outrage over the arrest of Roman Valerevich Seleznyov, 30, from the Ibrahim Nasir International Airport (INIA) and called it a “kidnapping” by the U.S. Secret Service.

The Home Ministry however insisted that Selezynov – son of Russian parliamentarian Valery Seleznyov – was expelled in response to an Interpol red notice with American authorities informed upon his arrival in the Maldives.

The US embassy in Colombo backed the government’s stance with a spokesperson informing Maldivian media that an Interpol red notice had been issued following indictments relating to bank and computer fraud that affected thousands of American citizens.

“This was a law enforcement action, and was based solely on law enforcement considerations. The indictment in this case was returned on March 2011, and thus long predates any current issues involving Russia and the United States. It has nothing to do with any of those issues. Nor was this a ‘kidnapping’ or in any way illegal,” the spokesperson stated.

Seleznyov “was arrested following his expulsion from another country, acting under its own laws. He was advised of his rights and given consular notification. These actions also were in no way inconsistent with any treaty arrangements with Russia.”

While President Abdulla Yameen has dismissed allegations of a US Secret Service operation on Maldivian soil as baseless, Home Minister Naseer insisted in parliament last week that Selezynov was arrested lawfully “by Maldivian police”.

Eyewitness

However, Russian media has reported an anonymous eyewitness at the airport as claiming that Selezynov was allegedly handcuffed and led away by “two white guys” before he was about to board a flight to Moscow.

“I can remember one very clearly, one was wearing a green T-shirt and jeans type pants. He cuffed him,” the eyewitness told the Voice of Russia radio station.

While Maldivian police were present, the eyewitness claimed “they were not engaging in anything, they were just behind him.”

Selezynov was taken to the VIP lounge where passengers departing on private jets are processed, the eyewitness explained.

His girlfriend, Anna Otisko, who was with him at the airport told Russian media at a televised press conference on July 11 that her partner was “grabbed by unknown men” at the airport.

Selezynov’s father has also 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 American intelligence agents.

“No legal procedures involving local authorities required for extradition were observed,” the Russian Foreign Ministry contended in a statement.

“The Russian citizen was literally kidnapped, which is a flagrant violation of the laws of any civilised state as well as international law.”

Maldives Foreign Minister Dunya Maumoon and Attorney General Mohamed Anil meanwhile flew to Sri Lanka last week to brief Russian diplomats regarding the incident.

The ministry said in a statement that “strong, mutually beneficial” relations with Russia would not be derailed due to the “isolated incident.”

Due process

The opposition Maldivian Democratic Party (MDP) has also accused the government of flouting due process in Seleznyov’s arrest.

In a statement, the party said that personnel of Maldivian security services must make arrests within Maldivian territory and a warrant from a Maldivian court must be obtained for such seize-and-arrest operations.

Further, the suspect should also be produced at the relevant court in Maldives prior to repatriation, the party said.

The MDP has also expressed concern the incident may have adverse effects on trade and tourism.

Russia currently ranks fifth in terms of the number of tourist arrivals to Maldives, with more than 33,000 tourist arrivals during the first five months of 2014.

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