High Court upholds lower court’s ruling to reinstate officer accused of rape

The High Court has upheld a Civil Court ruling to reinstate Police Lance Corporal Ali Nasheed to active duty, after he was accused of raping a young woman after abducting her in a police car in August 2010.

The High Court ruled there was not enough evidence to prove that Ali Nasheed was guilty of the crime and determined that he could only be relieved of duty if there was enough evidence to prove him guilty.

The state was unable to prove with the police investigation that Ali Nasheed was guilty of the crime, the court stated.

The High Court ruling stated that Ali Nasheed was dismissed by the Police Disciplinary Committee after allegedly violating the Police Code of Conduct and Code of Ethics.

The only evidence submitted to the court against Ali Nasheed was the call log of his cell phone on the night of the incident, and the areas in which the cell phone had been used that night. Those areas were related to the incident, the court was told.

The High Court noted that Nasheed had told the lower court that he was sleeping at the time of the incident and that his brother went out with his cell phone that night, and that he had nothing to do with the call log. Nasheed produced his brother to the court who confessed that he was the one who went out with Nasheed’s mobile phone.

The High Court said that when the Disciplinary Board investigated the case they did not obtain fingerprint evidence or DNA evidence from the police car S5241 that was alleged to be involved in the incident.

There was no evidence provided to the court to prove that Nasheed had met with or contacted the woman who was allegedly raped, the court stated.

Police Chief Inspector Risheef Thoha and Former ‘Mr Maldives’ Police Constable Husham Hameed alleged of being involved and playing a significant role in the incident.

The Police Disciplinary Committee relieved the officers of duty but the cases were then appealed at the Civil Court.

The Civil Court ruled that there was enough evidence to prove Police Chief Inspector Risheef Thoha guilty of the crime and upheld the Disciplinary Committee’s decision.

However, in August this year, the High Court overruled the decision made by the Civil Court and ordered that police reinstate his duties at the rank of Chief Inspector.

In August 2011 a close friend of the alleged victim told Minivan News the incident had occurred near the Seahouse restaurant in Henveiru.

“She would not be older than 22 years, she was friends with the police inspector,’’ the source said. “According to what she told me, she was partying with a group of four police officers, including a senior inspector, and they were all drunk.’’

He alleged that the incident occurred inside a police car.

“She said they threw her onto the street after sexually abusing her,’’ the source added.

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‘February in history’: Himal Southasian

“What happened in the Maldives on 7 February this year has been the subject of constant debate ever since. The completion of the investigation into these events last month did little other than confirm the one thing that everybody already knew: that the winners of the power struggle that day were those who found themselves in charge come 8 February,” writes Daniel Bosley for Himal Southasian magazine.

“The old maxim that history is written by the victors appeared to have been borne out as the Commission of National Inquiry (CoNI) not only absolved all those in the current government of any wrongdoing in the suspicious ousting of former president Mohamed Nasheed, but also laid upon Nasheed the blame for all the events preceding his resignation.

After a quasi-legal investigation, the final report read more like a political justification for the removal of an opponent than a genuine attempt to untangle the confusion surrounding the events, which many believe to have been a coup d’état.

After half a year, the addition of two new members, and an additional month’s delay, the commission’s credibility was already under question. It came as no surprise, then, that the final draft brought no real agreement over the circumstances surrounding Mohamed Waheed Hassan’s ascension to the presidency.

What the CoNI report has done, however, is to enter the first official account of the fateful day’s events in the ledger of Maldivian history. Anti-climactic and unsatisfactory, can the CoNI still mark the beginning of a new chapter in Maldivian democracy?”
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CAM working to block controversial ‘Innocence of Muslims’ Trailer

The Communications Authority of Maldives (CAM) has said today that it is working to block the trailer of a film titled ‘Innocence of Muslims’ from being viewed in the Maldives.

The controversial film has been at the centre of perceived anti-American protests across the world. International media has reported that in certain cases, these protests have descended into violence, resulting in the deaths of a number of US nationals at certain embassies in Africa and the Middle East.

Addressing the availability of the trailer in the Maldives, CAM Chief Executive Ilyas Ahmed has said that the usual course of action in dealing with cases of offensive on-line content in the country was to block an entire website found to be hosting the material. However, since the trailer in this case was hosted on public video-sharing website YouTube, Ilyas said he was trying to find a way to block the video alone.

“Since YouTube is a popular site used by many people, it is not practical to block it. So instead of blocking YouTube, we are instead talking to Google first and trying to have this trailer alone blocked,” has was reported as telling local media.

Ilyas stated that this is the first time in the Maldives that content was being sought to be blocked in this manner. He added that the CAM had taken up the work after receiving a formal written request from the Ministry of Islamic Affairs.

The ministry had previously released a statement on Thursday (September 13) which called on people to show restraint, while condemning the movie.

Meanwhile, Adhaalath Party, the religious conservative party to which Islamic Minister Sheikh Mohamed Shaheem Ali Saeed belongs to also released a press statement the same day.  In the release, the party stated that the objective behind people being offensive to Islam was to drive millions of Muslims over the world to create unrest and do wrong.

The statement also asked protesters to refrain from causing harm to innocent people and damaging government or public property.

Crowds of people protested against the offensive movie ‘Innocence of Muslims’ in front of the UN Building on Friday.

Minister of Islamic Affairs Mohamed Shaheem Ali Saeed was not responding to calls at the time of press.

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IFC responds to government’s allegations of negligence in airport bid

Additional reporting by Neil Merrett

A spokesperson for the International Finance Corporation (IFC) has defended the organisation against charges of negligence during the bidding process for the development of Ibrahim Nasir International Airport (INIA).

In a press conference last Thursday held by the Attorney General  Azima Shukoor, Economic Development Minister Ahmed Mohamed, Toursim Minister Ahmed Adheeb and Civil Aviations Minister Dr Ahmed Shamheed, it was alleged there were discrepancies in the bid awarding and concession process.

The cabinet members claimed that the IFC had been “irresponsible” and “negligent” in advising the former government of President Mohamed Nasheed in the concession of INIA by Indian infrastructure giant GMR.

“The current government believes that the IFC had not given the most appropriate legal, financial and economic advice to the Maldivian State,” Azima Shukoor said.

The IFC denied the accusations, stating that its advice was geared towards achieving the “objective of upgrading the airport and ensuring compliance with applicable international regulations” and providing the Maldives government “with the maximum possible revenue”.

“A competitive tender was organised with the objective of selecting a world-class, experienced airport operator, who would rehabilitate, develop, operate and maintain the airport,” said an IFC spoksperson.

The IFC – a member of the World Bank Group – was established in 1956 to stimulate private investment in developing countries through investment, advisory, and asset management services.

The spokesperson stated that the bids were evaluated by a government appointed committee, comprising senior government officials, using two key criteria.

The first criterion required firms to meet all the technical requirements set out in the tender documents which, Seth stated, were designed to meet the objectives of the government, and ensure the airport becomes a world class airport with ‘Leadership in Energy and Environmental Design’ certification (Silver).

The second criterion was financial, favouring the highest offer from firms that passed the technical stage. The financial criterion was a combination of a one-time up-front fee, and fixed and variable fees to be paid throughout, explained the spokesperson.

“The IFC’s advice complied with Maldivian laws and regulations and followed international best practices at each step of the bidding process to ensure the highest degree of competitiveness, transparency and credibility of the process,” the organisation stated.

“These processes have been followed globally in several Public-Private-Partnership projects in the airport and other infrastructure sectors,” it added.

Asked if the IFC was currently continuing assistance to GMR or the Maldivian government, it replied “We are currently not working in any capacity with the authorities on this project. We however remain available to address any issues or concerns that the government may have relating to the project.”

A GMR Spokesperson said that the company did not wish to comment on the remarks made by government ministers.

The Anti-Corruption Commission (ACC), which is currently investigating the GMR deal, said last week that continued work on the project may be delayed considerably whilst the investigations are completed.

ACC investigations began in June, although building work on the new terminal – due to open in July 2014 – was ordered to halt in early August after the government claimed that the company had not acquired the appropriate permits.

Government’s critique of bidding process

During Thursday’s press conference, Shukoor claimed that the role played by the IFC during the bid awarding process – as well as the technical, financial and legal advice given – was unacceptable and included “major inconsistencies” in the “loss-benefit assessment” carried out before awarding the project to GMR.

“The legal agreement also lacks equity between the state and GMR, and gives significant powers which have narrowed the government’s ability to manoeuvre within the agreement. For this reason, the state is facing a huge loss even in taking steps that have to be taken immediately,” she added.

Speaking about the prospective profit, Shukoor claimed the agreement made between GMR and the government would lose the country more than that it would earn, and a much more cost effective master plan had been made during the tenure of former President Maumoon Abdul Gayoom.

She said that as long as the agreement between GMR and the government is not invalidated, the agreement would be “legally binding” despite a “majority of the people” who wish to “terminate the agreement immediately”.

“The government must also consider how much money has to be paid back as compensation if terminating the agreement, and it is clear to all of you that the Maldives financial and economic situation is at a critical level, and in this situation it is not an easy thing to do,” she told the press.

Shukoor also expressed the government’s concern about the effect on investor confidence that may result if the agreement is terminated in addition to other “diplomatic issues” that may arise from such a decision.

The Economic Minister, Ahmed Mohamed, claimed that the Nasheed government had only considered the lump sum that it received as the upfront payment, rather than long term benefits that the government could have achieved.

“They awarded the bid to a party who proposed to pay US$76million, but if you look at the other bidders, their bids were more profitable in the long run. For example one of the bidders proposed to give a 31 percent share to all the businesses except that from oil trades until 2014, but GMR proposed only one percent,” he claimed.

He added that another bidder had proposed to share 16 percent of the profits gained from the oil trades with the government.

“It is clear that the government did not consider, when awarding the bid, the long term benefits of the people but rather an instant short term profit,” he argued.

Highlighting the already much disputed issue of the Airport Development Charge (ADC), Mohamed claimed the government had given up a lot of power to GMR in the contract, allowing them to dictate all the fees during the concession.

He stated that there were only two options left for the government: “Either find a solution within the concession agreement with GMR or terminate it.”

Civil Aviation Minister Dr Shamheed said the initial INIA master plan, made by British consultancy firm Scott Wilson, was considered too costly by the IFC.

“So we checked the truth of IFC’s report. The master plan by Scott Wilson is a phase based development. There were developments that were to be brought in the first phase, the second and other phases that followed were mentioned very much in detail,” he claimed.

Shamheed claimed that despite the fact that Wilson’s master plan was more cost effective the IFC made a new master plan, hiring another foreign Consultancy firm – Halcrow- which Dr Shamheed claimed was more costly.

“Scott Wilson’s phase one cost us US$390 million, and all the three phases summed up came to a figure around US$590 million. IFC did not provide this information to the government. We are talking about a development of 30 years,” he said.

Shamheed also alleged that the new master plan was made without even testing the status of the current runway at all and said they relied on a test that was made a long time ago.

“Even those tests showed that the runway needed significant repairs and some parts of the runway had to be removed,” he added.

“This is very irresponsible that the former government entered into a contract with a party who did not assess the situation of the existing runway,” he claimed.

Tourism Minister Ahmed Adheeb alleged that because of the new fees implemented by GMR following its take-over, the flight frequency from Europe had declined.

“Coming to Maldives is no longer feasible for most of the chartered flights.  Sri Lankan airlines’ Male to London direct flights have been pulled out following the decision. Even though the flight frequency from China has increased, the number of bed nights has declined,” Adheeb said.

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‘Time just right for dialogue, political reconciliation’: Observer Research Foundation

“Given the shock and awe democracy has inspired in the nation over the past three or four years, the current phase is a sit-back time for the nation to take stock before moving forward,” writes N Sathiya Moorthy for the Observer Research Foundation.

“The nation is also in a more receptive, reflective and contemplative mood than anytime over the past months and years. It cannot afford to lose this opportunity.

For the right atmosphere to be created for such a dialogue and national reconciliation coupled with a political consensus on a way forward for existing issues of institutionalisation and recurring problems of economy, Maldives has to begin at the beginning.

Independent of charges and counter-charges, of a criminal nature in particular, the immunity available to past Presidents should apply uniformly, so that parties and leaders do not still have to live in the past, or have to defend their decisions and actions while in office.

Where the nation has learnt from the democratic developments of the past years, it can look at options for the future, including legal and punitive actions. At the end of the day, democracy is a dynamic process, and it will be more so in the case of Maldives, which wants to do – and will have to do – all at once. Errors and correctives are also part of greater democratisation.”

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‘Being female in Male’: Daily News and Analysis

“Male’, the miniscule capital of the Maldives, serves as an antidote to the tourist islands that dot the archipelago, with their buffet of luxury resorts and personalised service. It is in fact the complete antithetical, binary contrast, other,” writes Sonia Nazareth for India’s Daily News and Analysis.

“No sooner than I disembark from the seaplane, as well as from the thrill born of the underwater adventure and barefoot luxury of the resort islands, than my bikini is replaced by a gown that covers my shoulders and knees, to make me somewhat presentable for this Islamic capital.

While the tourist islands resemble a film set waiting for James Bond to speed boat up to it, Male feels like a paragraph from a Roald Dahl short story.

The unexpected always lurking close around the corner. For one thing, unlike many other places in South Asia, Male’ stays awake late into the night.

For another, it is one of the few places in the world where I see clusters of women in burquini, (a swimming costume which comprises of all the woman’s clothing and a headscarf), swimming in public pools created by the state, within the sea.”

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‘SenaHiya’ Military Hospital officially opened by Indian Defense Minister

The ‘SenaHiya’ Military Hospital in Male’ was officially opened today at a ceremony inaugurated by Indian Defence Minister Shri A.K. Anthony.

Speaking at the ceremony, Anthony stated that the hospital was proof of the strong bond that exists between the two countries, adding that medical staff from the Indian Military would be permanently based on the newly opened site.

During his speech, Anthony spoke of the possibilities for the two countries to extend their existing defence collaboration in order to strengthen naval security and drug trafficking prevention.

Calling the construction of the hospital Anthony’s ‘dream project’, Minister of Defense and National Security Mohamed Nazim thanked the Indian defence minister for his role in getting the project completed.

“India and the Maldives share the same views and policies on a number of issues. India is also extending assistance in the areas of protecting the Maldives Exclusive Economic Zone and intelligence information,” Nazim said.

Although the official opening ceremony was held today, MNDF officials have said that the ‘SenaHiya’ Hospital has been in service since late 2010.

Speaking to Minivan News, MNDF Spokesperson Colonel Abdul Raheem said that ever since the military had moved to the new building in Henveiru in Male’, it had been providing medical services for its officers.

“With the help of the Indian government in 2011, we gradually improved the services to that of a hospital. We have been providing hospital-quality services to security forces and their families since the beginning of the year,” he said.

Colonel Raheem added that the hospital presently provided services to MNDF and police officers, along with their families, while efforts were also being made to begin offering services to Immigration and Customs officers at the site at a later date.  Public services are also expected to be offered, according to the MNDF.

Minister Anthony’s current visit is said to have resulted from an invitation from his Maldivian counterpart, who requested he open the SenaHiya Military Hospital and also lay the foundation of the new MNDF training academy.

The ceremony came after a week in which the international media has played up the rapidly expanding relations between the Maldives and China, drawing attention to the potential geopolitical implications for neighbouring India.

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Protests over anti-Islamic movie spread to the Maldives

Crowds of protesters gathered in front of the UN building on Friday, protesting against the movie “Innocence of Muslims”, perceived as offensive to the Prophet Mohamed.

Similar protests have erupted across the Arab world following the release of video offensive to Muslims on the the video-sharing website, YouTube. The UK’s Guardian newspaper reported that the video was promoted by radical Islamophobic Christians in the US and then broadcast in Egypt by Islamic activists.

Protests have occurred in Iraq, Iran, Bahrain, Afghanistan, Yemen, Egypt, Jerusalem and the West Bank, Kashmir, Malaysia, Indonesia and the Nigerian city of Jos. The most serious incident was in Libya, where demonstrators killed US Ambassador Chris Stevens and three embassy employees by firing a rocket-propelled grenade at their car. British and German embassies have also been attacked.

On Friday in Male’, a leaflet was distributed inviting persons to the protest at 4:00pm, titled “In Protection of Prophet Mohamed”. The leaflet did not specify who the organisers of the protest were.

Police had cordoned off the area ahead of the time, and protesters initially gathered opposite Billabong International School. Placards were mostly in English, and had a range of messages expressing their anger against the movie and the US in general.

Some of the placards in the front row read: “Behead those who insult our Prophet”, “Our prophet is dearest to us than our mother”, “May Allah curse America”, and “Maldives: Future graveyard of Americans and Jews”.

In less than an hour protesters broke through police barricades, shoving police away angrily and approached the UN headquarters. The few police officers present cleared the entrance of the building, but let protesters remain right in front of it.

Female protesters remained at the far end of the road, near the Billabong school.

A US flag was set on fire, with protesters surrounding it chanting “Allah Akbar”. A number of speeches were made, accompanied with chants. Some of the most repeated chants include asking President Waheed to return America’s US$20,000 contribution to restore the historical Buddhist artifacts in the museum, which were destroyed by a mob of vandals during February’s political turmoil. Some protesters stated loudly that if the idols were restored, they would promptly destroy them again.

At one point, protesters demanded the resignation of Minister of Islamic Affairs, Sheikh Mohamed Shaheem Ali Saeed.

A lecturer at the Maldives University, Sheikh Mohamed Thoyyib, was given protection by the police after his speech asking protesters to show patience and compassion like the Prophet enraged some of the people gathered there.

Young children accompanied some of the protesters, with some children and their parents holding toy guns in their hands.

The protest was adjourned in time for maghrib prayers, at around 6:30pm.

The Ministry of Islamic Affairs released a statement on Thursday condemning the movie. It stated that the enemies of Islam had always used tools of the times to insult the Prophet, but that such efforts would not at all harm the character of the Prophet, as he was held in high regard all over the world. The statement called on people to show restraint and to offer prayers for the Prophet.

The Islamic Foundation of the Maldives also issued a press release today, stating that “Countless numbers of Muslims all around the world intensely revere the person of Mohamed, in fact they revere him more than their own lives, and therefore it is extremely offensive for them to defame Prophet Mohamed (PBUH).”

The Maldives’ Ministry of Foreign Affairs has meanwhile officially condemned the attacks on the US Embassy in Cairo and the US Consulate in Benghazi.

In a series of Tweets last night, the Maldives’ Islamic Adhaalath Party (AP) condemned the video, whilst urging Muslims not to resort to violence.

“AP strongly condemns the anti Islamic video ‘Innocence of Muslims’ which is highly provocative and highly insulting to Muslims,” said the party, before adding, “Islam forbids resorting to violence against innocents. We should not attack our foreign guests and/or foreign diplomatic offices.”

The protests come at the end of a week that has seen two visits from to the Maldives from both the US Ambassador to Sri Lanka, Michele J. Sison, and US Assistant Secretary of State for South and Central Asian Affairs Robert Blake.

Local media reported that threats were made against Sison during the protest.

There were also reports that the crowd had issued warnings against Commonwealth Special Envoy Sir Donald McKinnon who also visited the country this week to discuss the recently completed Commission of National Inquiry (CNI) with leading politicians.

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MP Nasheed proposes bill criminalising sexual offenses

Independent Member of Parliament Mohamed Nasheed has published on his personal blog a bill he submitted to parliament in June this year, proposing to criminalise sexual offences.

The bill defines actions to be taken against specific types of sexual offenses, including rape, spousal rape, prostitution, bestiality and incest.

Nasheed stated that he felt a bill like this is immensely important because of the serious nature of modern day sexual offenses. He states that the current legislative framework governing such offenses is too lenient, and that the proposed bill would provide a stronger penalisation structure.

Nasheed has said that he believes it is equally important to criminalise sexual offenses against adults, similar to the existing laws criminalising such acts against children.

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