Deputy PG slams Criminal Court over new regulations

The Criminal Court has usurped a Supreme Court power in issuing new regulations outlining procedures to be followed in submitting cases, Deputy Prosecutor General Hussein Shameem has said.

The Criminal Court today rejected 60 cases submitted by the Prosecutor General’s (PG) office, claiming cases did not fulfill criteria specified in regulations publicised on February 19.

However, Shameem said the Judicature Act only allows the Criminal Court to compile regulations administering internal affairs, and does not allow the court the authority to issue regulations governing external affairs.

It is the Judicial Council or the Supreme Court which has the power to issue such regulations, he said.

The Supreme Court abolished the Judicial Council in March 2011 claiming the council is unconstitutional and assumed its powers, including the power to compile regulations and policies on administration of the courts.

The Criminal Court’s regulations issued unilaterally also allows other courts to compile their own regulations, which may result in different procedures for each court and affects the right to equality guaranteed by the constitution, Shameem said.

“For example, the Criminal Court says cases involving serious crimes must be submitted within 45 days. What if the Maakurathu island court decides cases must be submitted in 15 or 60 days? This impacts the investigation process and means prosecutors must change procedures depending on which court they want to submit cases to,” he said.

The Criminal Court and PG’s office have been at odds over criminal proceedings following former PG Ahmed Muiz’s resignation in November.

The court suspended all ongoing cases and refused to accept new cases citing parliament’s failure to appoint a new PG within 30 days of Muizz’s resignation.

The Supreme Court, on Shameem’s request, ordered the Criminal Court to restart trials, but the court only began hearings in ongoing cases and refused to accept new cases.

The Supreme Court on February 18 released a new ruling ordering the court to continue with ongoing cases and accept new cases to ensure the criminal justice system continues.

Shameem said the Criminal Court’s new regulations had been applied retroactively.

“There are a 153 people in pre-trial detention. There are many others who are unable to find employment due to ongoing criminal cases. The Criminal Court’s actions are affecting a public service,” he said.

The PG office has a backlog of over 500 cases ready for prosecution, he added.

The Human Rights Commission of Maldives last week called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

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No legal grounds to question Speaker’s JSC membership: Majlis secretariat

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There are no legal grounds to question whether Speaker of Parliament Abdulla Shahid should remain in the Judicial Service Commission (JSC) whilst seeking re-election, the People’s Majlis secretariat said in a press release today.

The statement follows Majlis’ removal last week of its representative to the judicial oversight body, MP Ahmed Hamza, who is also seeking re-election.

In a letter informing the commission of Hamza’s removal last week, Speaker Shahid said the decision was made in reference to Article 10 of the JSC Act, which stipulates that a commission member will lose his seat if he stands in an election.

Both Shahid and Hamza are contesting in the upcoming parliamentary polls on opposition Maldivian Democratic Party (MDP) tickets.

The Majlis statement explained that Article 161(b) of the constitution “clearly shows” that a member appointed to the 10-member commission by virtue of his office (ex officio) would remain a member as long as he holds the post.

The article states that the speaker, the attorney general, and the chair of the civil service commission would remain “a member of the Judicial Service Commission only as long as that office is held.”

“Therefore, as the person in the post of speaker of the People’s Majlis is a member of the commission by virtue of office, there is no room to raise legal questions over whether he will remain a member of the Judicial Service Commission as long as he is in the [speaker’s post],” the press release stated in conclusion.

The statement was issued following media reports casting doubt on Shahid’s membership on the judicial watchdog.

Hamza meanwhile told Minivan News last week that the speaker and Majlis representative should be exempted from Article 10 “as it creates a legal vacuum.”

Prior to the speaker’s decision to remove him from the commission, JSC President and Supreme Court Justice Adam Mohamed Abdulla sent letters to both Hamza and President Abdulla Yameen claiming that the MPs’ position was vacant following his submission of candidacy papers to the Elections Commission.

Hamza responded by contending that Adam Mohamed’s attempt to remove him was intended to reduce the number of members who advocated for judicial reform and to block an investigation into Supreme Court Justice Ali Hameed’s sex tape scandal.

Sheikh Shuaib Abdul Rahman – the public’s representative on the JSC  – has also accused Justice Adam Mohamed of stalling the JSC’s investigation into the sex tapes.

Adam Mohamed had refused to schedule a vote on whether to suspend Hameed following his refusal to cooperate with the investigation, Hamza said.

“The JSC cannot be productive as long as Adam Mohamed remains the president,” he said. “I call on the public to pressure the JSC to table the motion to suspend Ali Hameed.”

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Four minors acquitted of terrorism charges

Four minors from the island of Thinadhoo in Gaaf Dhaalu atoll charged with terrorism over arson attacks on February 8, 2012 were acquitted by the Juvenile Court today.

The minors were accused of setting fire to the Thinadhoo police station during protests that erupted across the country in the wake of a brutal police crackdown on a Maldivian Democratic Party (MDP) march in the capital Malé.

MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinous elements of the security forces in collusion with the then-opposition.

A Juvenile Court official told local media today that the minors were found not guilty as the prosecution was unable to prove their culpability based on the testimony of witnesses at the trial.

Witnesses had testified that they saw the minors throwing rocks at the police station and helping to set fire to a police motorcycle. The verdict however noted that none of the witnesses saw any of the rocks hit either a police officer or the station.

Witnesses for the defence insisted that the minors did not participate in the arson attacks although they were present in the area at the time.

The Juvenile Court judge stated in the verdict that the prosecution’s witness testimonies established that the minors were guilty of obstructing the police. However, the judge noted, the court could not alter the charges pressed against the accused for sentencing.

Today’s verdict was delivered more than a year after the terrorism trial began with two recent hearings postponed or canceled.

On February 8, protesters in Thinadhoo – an MDP stronghold in the south – set fire to the island’s police station, magistrate court, atoll council office and all police vehicles.

Nine policemen were assaulted and subsequently treated at the Thinadhoo regional hospital. Police declared at the time that the island was unsafe for police personnel, claiming “MDP supporters have threatened to attack residences of policemen”.

Following its investigation into the nationwide unrest and violence on February 8, the police forwarded over 100 cases to the Prosecutor General’s (PG) office, requesting that 108 individuals be charged with terrorism.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

While more than 100 persons were charged with terrorism, most cases currently remain stalled at the Criminal Court.

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Sports Arena Project launched by President Yameen

President Abdulla Yameen yesterday inaugurated the Sports Arena Project which under which the government plans to construct 34 arenas for both outdoor and indoor sports throughout the atolls.

Launching the project – one of the government’s 100 day pledges –  Yameen said that a sports infrastructure suitable for the nation’s youth would be in place by the end of the year, with a further MVR300 million allocated for recreation projects in next year’s budget.

Half of the Maldives’ 330,652-strong population of the Maldives are below the age of 25, according to the 2013 yearbook published by the Department of National Planning.

During his presidential campaign, president Yameen pledged that all islands would receive a sports arena and that Hulhumalé would be developed as a youth entertainment city, including a National Aquatic Centre of olympic scale. Taxes on sports materials would be reduced from 25 to 5 percent promised the Progressive Party of Maldives candidate.

Local media reported Yameen as saying that arenas would not be built in islands with under 2,000 people, but that these islands would still receive facilities for popular sports within his term.

Minister of Sports and Youth Mohamed Maleeh Jamal announced that the project would now be sent to the tender board for bidding.

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Jailed MP Jabir denied fair trial, says legal team

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The trial and sentencing of Maldivian Democratic Party (MDP) MP Abdulla Jabir “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives,” the MP’s legal representatives have stated.

The Kaashidhoo constituency MP was last week sentenced to twelve months imprisonment after being found guilty of failing to provide a urine sample when arrested as a suspect in a drug related case on November 16, 2012. He is currently in Maafushi jail.

“The number of procedural violations in the whole criminal justice process in regard to this case is highly concerning and we believe that Hon. Abdullah Jabir was denied the fundamental rights that constitutes a free and fair hearing guaranteed to him by Article 42 of the Constitution,” read a press release from Aequitas Legal Consultants.

Additionally, Hassan Latheef – a member of Jabir’s legal team – has told Minivan News today that the court has failed to provide mandatory documents summarising the case, necessary for a High Court appeal.

“At this moment, we’re concerned that he can’t appeal. We were unable to submit the report to the High Court, but today we have sent a letter saying that the court is still refusing,” said Latheef.

He noted that a previous High Court judgement stipulated that the appeals registration process could still proceed as soon as the case was filed – Latheef revealed that the case had been submitted yesterday.

When contacted for a response, Criminal Court officials were unwilling to provide further information on Jabir’s case.

Latheef’s legal firm suggested that Criminal Court Judge Muhuthaz Muhusin had failed to consider procedural issues raised by Jabir’s defence, thereby failing to observe the principles of natural justice.

The statement also suggested that the Jabir’s constitutional rights to adequate time and facilities for his defence – also guaranteed under the International Covenant on Civil and Political Rights (ICCPR) – were not met.

Jabir’s legal representatives noted that the police’s mistreatment of the MP at the time of arrest had been confirmed by the Police Integrity Commission but had not been taken into account by the judge.

After investigating the case – which involved medical records showing injuries sustained by Jabir as well as a video of one officer kicking the MP in the head – the PIC said it could not forward the case to the Prosecutor General as the identity of the officer could not be determined.

During the trial, Jabir had claimed testimony given against him by arresting officers was inadmissible, alleging that the officers in question had been responsible for his mistreatment.

“Based on the serious factual and procedural violations in the trial and sentencing of MP Hon. Abdullah Jabir, who is not only an individual but a representative of five thousand Maldivians at the Parliament, it is regrettable that the Judicial process that we are to respect and obey has shown such a blatant disregard for the principles of justice and the rule of law,” concluded the statement.

A total of 10 people were taken into police custody on November 16, 2012, after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Jabir was set to re-contest his Kaashidhoo constituency seat in next month’s Majlis elections. Fellow MDP MP and MDP International Spokesman Hamid Abdul Ghafoor – also detained and charged with failure to produce a urine test during the same incident -told Minivan News today that Jabir was currently being held in custody.

Asked whether Jabir’s sentence would affect his ability to stand, Hamid said that he believed the law made it clear that an MP could not be disqualified from the Majlis unless they were serving more than twelve months.

“The law is silent on whether he can campaign or not,” added Hamid.

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PPM pledges disciplinary action against members contesting Majlis elections as independents

The ruling Progressive Party of the Maldives (PPM) has pledged to take disciplinary action against party members who are contesting the March parliamentary election as independents.

In a statement issued yesterday, the PPM said independent candidates were “illegally” using the party’s logo in their campaigns.

The party has publicised a list of coalition approved candidates on the party website.

Meanwhile, former President Maumoon Abdul Gayoom asked independents who are contesting Majlis elections to withdraw their names and support coalition candidates instead last night.

“A PPM member or any other party member must not run against a coalition candidate. If you do so, it will be very sad for us. That is because it will divide votes of those who hold the same ideology. If votes are divided, we will lose the seat,” he said.

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Maamigili integrated water supply scheme launched

A project to bring an integrated water supply system to the island of Maamigili, Alif Dhaal atoll, was launched yesterday.

The project will provide desalinated water through reverse osmosis, and will also incorporate storage tanks for rainwater collection and connections to residents’ homes.

The foundation stone was laid yesterday by Minister of Environment and Energy Thoriq Ibrahim and local MP and businessman Gasim Ibrahim.

The Ministry of Environment has revealed that the project will cost around MVR50 million and should be completed by the end of the year. The scheme will be implemented by the Malé Water and Sewerage Company.

Following the introduction of a pioneering desalination project in Kaafu atoll last week, Minister of State for Environment and Energy Abdul Matheen Mohamed told Minivan News that the government was emphasising integrated systems in order to make the best use of the resources currently available on the islands.

In January, the Abu Dhabi Fund for Development chose the Maldives from amongst 80 applicants to receive concessionary loans worth US$6 million (MVR92 million) for a clean energy project which could produce up to 62 million litres of desalinated water per year.

Scarce fresh water supplies have become a growing problem in the Maldives, particularly since the contamination of much of the country’s groundwater following the 2004 tsunami. While rainwater is collected and stored for drinking on the islands, seasonal dry periods often leave locals reliant on outside sources for consistent supply of fresh water.

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Supreme Court’s contempt trial against Election Commission “unjust”, says Nasheed

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The Maldivian Democratic Party (MDP) is “extremely concerned” over the Supreme Court’s contempt of court charges against the Elections Commission (EC), former President Mohamed Nasheed has said.

Speaking at a press conference today, Nasheed said the trial is “unjust” and is against the spirit of the constitution. He pledged to use all means to stop the case.

The Supreme Court on February 12 summoned the four members of the EC to an unannounced contempt of court trial under new ‘Suo motu’ regulations that allow the apex court to initiate trial and act as plaintiff and judge.

“If Election Commission members are removed, then there cannot be a fair election. MDP will not participate in such an election,” Nasheed told the press today.

The Supreme Court has accused the EC of contempt, claiming it had criticised the verdict which annulled the first round of presidential elections held in September 2013, as well as disobeying the court’s orders by dissolving eight political parties earlier this month.

During the second hearing in the case, EC lawyer Hussein Siraj said the commission had not received a document outlining charges and asked the five presiding judges to clarify and specify charges against the commission, but Chief Justice Ahmed Faiz asked the lawyer to respond to the charges to the extent he understood them.

The four commission members denied the charges, and expressed concern over the use of privileged testimony given at the People’s Majlis independent institutions oversight committee as evidence for contempt.

The constitution protects testimony provided at the Majlis unless it contravenes an Islamic tenet. Judge Ahmed Abdulla Didi claimed establishing justice to be an Islamic tenet and said the EC’s testimony at the People’s Majlis obstructed justice.

Nasheed said the if the MDP received a parliamentary majority it will add judges to the Supreme Court bench by amending the Judicature Act. Increasing the number of judges would “dilute harsh ideologies” on the bench, he said.

“Reforming the judiciary is essential for development and to protect Maldives’ sovereignty,” Nasheed said.

If the MDP receives a two-thirds majority, the party could impeach Supreme Court judges, he noted.

The MDP will also revise legislation governing the judicial watchdog body – the Judicial Services Commission (JSC) Act – to ensure the organisation’s decisons cannot be reviewed through the courts and to limit the powers of the JSC president.

In 2012, the Civil Court issued an injunction halting disciplinary action against Criminal Court Chief Judge Abdulla Mohamed. Mohamed is a key figure in the events leading up to Nasheed’s ouster in February 2012.

Meanwhile, JSC members have alleged JSC President and Supreme Court Judge Adam Mohamed had stalled an investigation into Supreme Court Judge Ali Hameed’s sex-tape scandal.

In addition to initiating proceedings against EC members, the Supreme Court has in the past ordered police to investigate MDP-aligned private broadcaster Raajje TV over a report the station aired comparing the Maldivian justice system to that of ancient Sodom, suspended lawyers for publicly criticising the judiciary, and sought criminal charges against MPs for allegedly defaming the court.

Fair administration of justice was essential for a just society, Nasheed has said previously, pledging to complete the MDP’s ‘journey to justice’ campaign to reform the judiciary.

“Our government was toppled because we began this journey. All the obstacles we are facing is because of this reason. Nonetheless, we will not back down and, God willing, we will succeed in this task,” he said.

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MDP wants parliamentary majority to oust government, says President Yameen

President Abdulla Yameen has called on the Maldivian public to grant the ruling coalition a majority to fulfill its campaign pledges, and said the opposition Maldivian Democratic Party (MDP) is seeking a parliamentary majority in order to oust the government.

Speaking at a campaign event for Gemanafushi candidate Jameel Usman held last night, Yameen said Majlis approval is essential for development projects and said the government cannot bring development without Majlis cooperation.

Former President Mohamed Nasheed, while campaigning on behalf of the MDP this weekend, denied that his party would seek to obstruct development should it win a majority in the house.

The ruling Progressive Party of the Maldives (PPM) and its allies the Jumhooree Party (JP) and the Maldives Development Alliance (MDA) are contesting the March parliamentary elections as a group, with 50 of the 85 seats allocated to the PPM, 28 to the JP and 8 to the MDA.

The former MP for Mulaku constituency, Yameen also launched a scathing criticism of the first democratically elected parliament, claiming the Maldivian public had lost confidence in the current Majlis.

Salaries and allowances of MPs do not match their work, he said and called on the public to elect courageous and educated individuals who are willing to work against corruption.

“Maldivian citizens do not want the People’s Majlis to be a place where people who have committed huge crimes or committed offenses against the law go to get immunity,” he said.

At a separate campaign event also held last night for Laamu Atoll Isdhoo candidate Ahmed Rasheed, former President Dr Mohamed Waheed requested that the public give the coalition a majority.

The public had elected Yameen to the presidency and must now grant the coalition a majority so that the government can fulfill its pledges, he said.

Meanwhile, former President Maumoon Abdul Gayoom asked independents who are contesting Majlis elections to withdraw their names and support coalition candidates instead.

“A PPM member or any other party member must not run against a coalition candidate. If you do so, it will be very sad for us. That is because it will divide votes of those who hold the same ideology. If votes are divided, we will lose the seat,” he said.

Speaking at MP ‘Red Wave’ Ahmed Saleem’s campaign launch ceremony in Malé, Vice President Dr Mohamed Jameel Ahmed said the PPM candidates would bring peace and stability to the Maldives.

“Let us not provide an opportunity for those who call to take the law in our hands, for fear and citizens to be weakened every time there is a disagreement,” he said.

The current government had allocated MVR400 million to provide recreational facilities and vocational training for youth, he said.

The government will introduce unlimited health care under the Aasandha scheme on Monday to mark the PPM’s 100 days in government, Jameel promised. Unlimited Aasandha will end begging for financial aid for chronic illnesses, he said.

In Addu City, Defense Minister Mohamed Nazim inaugurated the campaign for the Hithadhoo Uthuru constituency, and pledged to establish a 100 bed hospital in the city.

“We will build a 100 bed hospital in this island, god willing, as a pledge by this government. This hospital will not go elsewhere,” he said noting the current 50-bed hospital is not sufficient to cater to Addu City’s population.

The PPM government will also establish water and sewerage systems in Addu City by the end of the year, he promised.

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