RaajjeTV files case against President’s Office over media boycott

Local private news channel RaajjeTV has filed a case against the President’s Office in the Civil Court, complaining that the station had been boycotted from official events.

Deputy CEO of RaajjeTV, Yamin Rasheed, told Minivan News “This whole issue began with the government’s Media Secretary Masood Imad excluding RaajjeTV in all invitations to media to cover their press events.”

“Initially, Abbas Adil Riza (President’s Office Spokesperson) held a different opinion. But then it became a norm for the government to block us from events, even refusing access and turning us away when we took the initiative to find out about events and attempt to cover them with or without invitation.”

Yamin said that the channel had repeatedly been denied entry to press events in the President’s Office and were not sent any of the government press statements. He said that they had observed this treatment was particular only to their channel.

“What is most worrying to us is that this behaviour is setting a precedent where state bodies are infringing upon media’s right to information. We are being deprived of constitutional rights. This goes against principles of maintaining equitability among media organisations,” Yamin detailed their concerns.

Vice President of the Maldives Broadcasting Commission, Mohamed Shaheeb told Minivan News today that the commission had not discussed this issue yet.

“We haven’t even received any complaints regarding the President’s Office denying access to a particular media outlet,” Shaheeb said.

Although MBC denies having received complaints, Chairperson of RaajjeTV Akram Kamaluddeen has confirmed that complaints have been lodged.

“We have officially written to MBC about all of these issues, including the President’s Office blocking access to events. We haven’t received a response yet.”

President of the Maldives Journalists’ Association Ahmed ‘Hiriga’ Zahir has commended the efforts by Raajje TV to protect their rights.

“I support the channel’s actions to protect their constitutional rights. Even if the government has complaints about the channel’s broadcasting conduct, there is a procedure through which this can be professionally settled. I feel that this could have been settled through dialogue, otherwise the government could have lodged complaints with relevant commissions,” Zahir said to Minivan News today.

MJA has last month released a statement stating that it would neither encourage nor accept the boycotting of any media institution by either state bodies or political parties.

Minister of Home Affairs Mohamed Jameel Ahmed has previously named Raajje TV as ‘enemies of state’ in a press conference held in July, the same day on which the Maldives Police Services publicly stated its refusal to provide cooperation or protection to the channel.

Raajje TV has also filed a case against the Maldives Police Services earlier this month over their decision to deny cooperation or protection to the channel.

Rasheed told Minivan that they had also lodged complaints with the Anti-Corruption Commission.

“With regard to this issue, we have lodged a complaint against President’s Office Media Officer Nihla Abdul Sattar with the ACC. We’ve previously filed two other cases at the commission. One of this was against the MPS as an institution. The other was against the Media Spokesperson Sub-Inspector Hassan Haneef. We believe he is abusing the powers entrusted to him for his role as media spokesperson to benefit certain media outlets, while deliberately blocking or sidelining others,” Yamin told Minivan News today.

RaajjeTV has been the subject of continuous verbal attacks by the state following the transfer of power in February. In early August, Raajje TV’s control room had been sabotaged by intruders.

Press freedom organisation Reporters Without Borders at the time condemned this attack, stating “This targeted and well-prepared operation was the foreseeable culmination of the new government’s escalating verbal attacks on Raajje TV. How the authorities respond will be seen as a test of their commitment to media pluralism.”

President’s Office Media Secretary Masood Imad was not responding to calls at the time of press.

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MP Hassan Adil sex abuse case continues in High Court

The High Court appeal concerning the sexual abuse case of Jumhoree Party (JP) MP Hassan Adil has begun today, reports Haveeru.

Today’s session was held behind closed doors, the paper reported, which is constitutionally allowed for in order to protect the family involved.

Adil was acquitted in March of this year after the judge said the state had failed to present sufficient evidence as per the requirement of Article 47 of the Use of Special Procedures in Dealing with Child Abusers Act.

Police originally arrested Adil on 4th April 2011 with a court warrant.

On June 12 2011 the court granted the Prosecutor General (PG)’s permission to hold Adil in house arrest until the trial reached a conclusion.

If the court finds Adil guilty, he will face imprisonment for a period of between 10 to 14 years and would lose his seat in parliament.

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It is not the government that is prosecuting Nasheed: President’s Advisor

Political Advisor to the President, Ahmed ‘Topi’ Thaufeeg, has today said that the government does not have the authority to prosecute former President Mohamed Nasheed.

Thaufeeq told Sun Online that, owing to the separation of powers enshrined in the constitution, only the Prosecutor General (PG) could pursue charges against Nasheed.

However, Thaufeeg told Sun Online that it was the responsibility of the PG to pursue anyone guilty of a crime.

“The government has no influence over this. When the relevant institutions complete their investigations and submit cases to the PG, the PG will file those cases to Court. It does not matter whether it is Nasheed or anyone else,” Thaufeeg is reported to have said.

The response follows the Maldivian Democratic Party’s (MDP) resolution to protest the government over its move to prosecute Nasheed.

After Nasheed yesterday claimed the judiciary was heavily politicised, Thaufeeg told Sun that the institution was strong and was constitutionally protected from political influence.

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“Ladders now broken”, Umar Naseer tells police

Progressive Party of the Maldives (PPM) Interim Deputy Leader Umar Naseer was summoned to the police headquarters today for questioning over statements he made during a rally held last December.

Speaking to the press outside police headquarters, Naseer said that police had a script of what he said during the protest on December 23 near the Maldives Monetary Authority (MMA).

Naseer told the press that during the protest he spoke to the protesters about climbing “somewhere” using ladders.

A report by former Environment Minister Mohamed Aslam and National Security Advisor Ameen Faisal into the former government’s intelligence prior to February 7 noted remarks by Naseer during asking for 2,000 volunteers to storm army barracks with 50 ladders, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer reportedly said. “We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

Naseer told journalists outside police headquarters today that “I have been questioned over this previously. I told them that those ladders were not used and have broken now.”

‘’There will be no evidence to prove me guilty of a criminal offence,’’ he said. ‘’In my statement I did not mention where to place the ladders or where to climb in using the ladders.’’

He also told the press that there was a political purpose behind his summoning to police for questioning over the same case for the second time.

Naseer insisted that his summons was related to the “political challenges” between parties in the current coalition government.

Naseer was unavailable for comment at time of press.

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Director General of Elections Commission sacked “without warning”

Director general of the Elections Commission (EC), Mohamed Tholal, has been dismissed without warning, reports Sun Online.

It has been reported that Tholal was informed his association with the Athletics Association, for which he receives no salary, was cited as the reason for his dismissal.

Secretary General of Elections Commission, Asim Abdul Sattar, told Sun that Tholal’s dismissal had been in line with EC regulations.

Tholal himself is reported to have Tweeted on the subject: “The reason for my dismissal is to retaliate because we protested, and also because votes cannot be rigged at 2013 Elections if we are there.”

Tholal’s dismissal comes as the country’s independent institutions come under increasing scrutiny as additional pressure is placed upon them following the fallout from the Commission of National Inquiry (CNI).

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“A Human Rights Crisis in the Maldives”: Amnesty International

Amnesty International has today released a report titled “The Other side of Paradise: A Human Rights Crisis in the Maldives”, chronicling human rights abuses in the country since the transfer of presidential power on February 7.

“Without an end to – and accountability for – these human rights violations, any attempt at political reconciliation in the Maldives will be meaningless,” said Amnesty’s researcher in the Maldives, Abbas Faiz.

Amnesty said that several of its human rights recommendations are reflected in the Commission of National Inquiry’s (CNI) report which was released on August 30.

The report details a number of incidents of police brutality on February 8, including attacks on Maldivian Democratic Party (MDP) MPs Eva Abdulla and Mariya Didi.

“The overall objective of these violent attacks has been to silence peaceful government critics and stifle public debate about the current political situation,” said the report.

“Based on Amnesty International’s interviews with survivors of these violent attacks, it appears that many were targeted by security forces because they were MDP ministers, parliamentarians or supporters,” it read.

The report recommended that the Maldivian government “ensure prompt, independent, impartial and effective investigations into allegations of violence by officials.”

“Those suspected of offences involving such violations, irrespective of rank or status, must be prosecuted in proceedings which meet international standards of fairness.”

It also urged the government to “remove any bias in the police force, so they act as officers of law without prejudice, and do not take sides politically.”

Tension between the police has continued unabated since the release of the CNI report, with continued MDP demonstrations being met with large numbers of arrests.

The police service last week confirmed that they would be arresting people for using the term ‘baghee’ (a Dhivehi word meaning a traitor who brought about or participated in a coup).

The report is based largely on the testimony of individuals interviews conducted during a three week Amnesty visit in February and early March this year.

Commissioner of Police  Abdulla Riyaz, who was unavailable for comment at the time of press, told Minivan News in April that he had been disappointed by Amnesty’s failure to ask the police for its comments before releasing a report based on its findings.

“I don’t see that there has been any investigations done, none of our officers was questioned, interviewed – neither by them nor by the Police Integrity Commission (PIC), nor by the Human Rights Commission (HRCM). I don’t think that’s fair,” said Riyaz.

Strong pressure on weak institutions

As well as concluding that President Mohamed Nasheed was not removed from office unconstitutionally, the CNI report acknowledged that his resignation was accompanied by acts of police brutality which it said must be investigated.

“With respect to the administration of justice, in particular concerning allegations of police brutality and acts of intimidation, there is an urgent need for investigations to proceed and to be brought to public knowledge with perpetrators held to account and appropriately sanctioned,” read the report.

Shortly after the report’s release, the Home Minister Dr Mohamed Jameel Ahmed told a press conference that the government did not intend to take action against anyone other than the former President in relation to the CNI’s conclusions.

Jameel stated the responsibility for the investigation of police misconduct would fall upon the Police Integrity Commission (PIC).

This has prompted renewed focus on the apparent weakness of such independent institutions in the Maldives.

“One of the reasons for the 7 February and the associated crisis is weak institutions, and the democratic institutions in Maldives must shoulder at least some of the blame for not being pro-active enough in working to address urgent issues,” said Aiman Rasheed of local NGO Transparency Maldives.

“Providing room for institutions to grow organically, and address institutional issues in an environment free from fear and intimidation from the political overlords is more important for Maldives at the moment,” Aiman continued.

“The independent institutions need to step up their game by standing for and protecting the values for which they were constituted,” he said.

Following Jameels announcement, Chair of the PIC Shahinda Ismail said that she was “very sceptical of the burden we will have to carry”, citing concerns over the lack of clarity in the CNI report and loopholes which prevent the implementation of its recommendations.

Shahinda alleged that certain clauses in the Police Act had already resulted in the Home Minister ignoring recommendations forwarded to him concerning incidents from February 8.

Similarly, a Supreme Court ruling concerning the activities of the Anti Corruption Commission (ACC) earlier this week appeared to the leave this institution in a state of limbo.

“In other countries, Anti Corruption Commissions have the powers of investigation, prevention and creating awareness. If an institution responsible for fighting corruption does not have these powers then it is useless,” said ACC President Hassan Luthfee.

Weak institutions have often been described by prominent members of the current government as rendering the country unready for early elections despite months of political stultification.

“Tighter legislation that addresses ambiguities and close legal loopholes will help. However, the political will to truly reform key institutions is lacking, especially the judiciary and the parliament,” said Aiman.

The final recommendation of Amnesty’s report was directed at the international community, requesting that it provide human rights training to the Maldives’judges, prosecutors and law enforcement officials.

In April, the United States pledged US$500,000 (Rf7.7 million) to assist Maldivian institutions in ensuring a free and fair presidential election.

The American Embassy in Colombo also conducted an information session on democratic rule of law for senior officers and management of the police service in May.

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Sri Lankan Business Council president calls for support mechanisms to enhance Maldives trade

“Lack of support or mechanisms to solve legal issues faced by Sri Lankan companies dealing with Maldivian counterparts [is causing] serious frustration in trading,” writes the President of the Sri Lanka – Maldives Bilateral Business Council, Hussain S. Hashim.

“It is necessary to establish a commercial mediation centre as an alternate means of trade dispute resolution,” he said, reports Sri Lanka’s Daily News.

Hashim was reported as saying that there had been a marked increase in Sri Lankan exports to the Maldives between 2010 and 2011, resulting in a positive trade balance for Sri Lanka.

He also noted that Maldivian visitors to Sri Lanka has increased from 35,791 in 2010 to 44,018 in 2011 .

“We anticipate a positive solution for the shortage of US dollars in the Maldivian market which has caused an impact on trade,” Hashim said.

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Fenaka says halted Biwater projects unrelated to political turmoil

Government utilities corporation Fenaka has denied that changes to a sewage project in Addu Atoll were influenced by February’s transfer of political power, according to Sun Online.

UK company Biwater International Ltd signed an agreement with the Southern Utilities Company to improve the supply of drinking water and sewage treatment in South Province.

The Fenaka Corporation has claimed that the decision to remove the sewerage work from Addu, and to halt all the company’s projects in Fuvahmulah, was due to the company’s failure to provide the $27million (MVR415.8 million) originally agreed upon.

It added that the decision to halt the Fuvamulah projects had been made before the change of government.

The Fenaka Corporation was established to take over from the seven utility corporations established during the administration of former President Mohamed Nasheed, under its policy of decentralisation.

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CNI report “based on false premise that Abdulla Mohamed is a constitutionally appointed judge”: Velezinee

The Commission of National Inquiry (CNI)’s report into the circumstances surrounding the controversial transfer of power on February 7 mistakenly presumes that the Maldives has an independent and constitutionally-appointed judiciary, former President’s Member of the Judicial Services Commission (JSC), Aishath Velezinee, has stated.

The report, focused on the events of February 6 to 8, claimed there was no evidence to support allegations by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military. It dwells heavily on “unlawful orders” given by Nasheed as justification for police disobedience and protests, in particular his ordering the detention of Chief Criminal Court Judge Abdulla Mohamed by the military.

“The report, by its failure to probe the events leading up to the removal of Abdulla Mohamed and the January 2012 protests, fails to recognise the systematic breach of the Constitution by the JSC and Majlis that forced President Nasheed to use the powers of Head of State to address the issue of Abdulla Mohamed,” said Velezinee, in a detailing statement responding to the report.

“The inquiry is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this,” she stated.

Velezinee noted that Article 285 of the constitution – concerning the appointment and qualification of judges on conclusion of the interim period – was discarded by the JSC in 2010 as “symbolic”, “the CNI report indirectly legitimises a judiciary where at least 196 judges sworn in by the JSC/Interim Supreme Court between 4 August and 7 August 2012 are a nullity, having been appointed without due procedure, and without fulfilling the qualifications and qualities required of a Judge under the Constitution.”

She noted that many of the “prominent lawyers” and politicians who protested the arrest of Abdulla Mohamed’s removal “were MPs with criminal cases before Abdulla Mohamed and their lawyers.”

Furthermore, “the report does not mention that many of the ‘prominent lawyers’ who protested at the removal of Abdulla Mohamed now sit in office.”

“Suspicion is further raised when it is observed that the MPs who led the January 2012 [protests] were the same MPs who had obstructed attempts to get a parliamentary inquiry [into the JSC] by disrupting Committee [hearings], and included the current Chair of the Majlis Committee,”

The report further failed to note recent observations by the UN Human Rights Committee in July 2012 substantiating the JSC’s nullification of Article 285, she noted.

In its concluding observations, the UNHRC noted “concerned at the fact that the composition and the functioning of the JSC seriously compromises the realisation of measures to ensure the independence of the judiciary as well as its impartiality and integrity.”

The Committee is also concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the State party (art. 2 (3), 14).

“The State party should take effective measures to reform the composition and the functioning of the Judicial Service Commission (JSC). It should also guarantee its independence and facilitate the impartiality and integrity of the Judiciary, so as to effectively protect human rights through the judicial process.

The CNI report itself recognised the poor standard of the judiciary, Velezinee observed, citing from it:

Perhaps the most fundamental requirement for a vibrant democracy is the rule of law which appears weak in the Maldives. Notably, the Commission was confronted regularly by allegations of the breach of the rule of law and clear absence of confidence in the institutions which are entrusted with upholding it.

Indeed, this appeared central to the frustrations of government under President Nasheed and his own lack of recourse to the judiciary to redress grievances and settle disputes. He did not appear alone.

Despite this, Velezinee noted that the report failed to recognise “that judicial reform is a fundamental Constitutional requirement under Article 285, or comprehend the centrality of Article 285 to the establishment of de facto independence of the judiciary in a state where de jure Independence of the judiciary was first introduced with the ratification of the Constitution in 2008.”

Instead, Velezinee stated, the report “explicitly politicises judicial reform as the political agenda of President Mohamed Nasheed and the Maldives Democratic Party (MDP); and fails to note that the political pledge in the MDP’s manifesto echoes Article 285 of the Constitution and its’ obligation upon the state of Maldives.”

By concluding that Judge Abdulla was just the “focus of their antipathy and antagonism”, the report “disregards major events that led to the events of January 2012, including but not limited to:

  • Events of 2010 around Constitution Article 285 and re-appointment of Judges
  • JSC’s unconstitutional nullification of Article 285 declaring it a “Symbolic Article” and re-appointing the sitting bench without due check
  • Failure of the Majlis to hold an inquiry into the JSC’s alleged Constitution breach and loss of an independent judiciary despite a commitment to hold an inquiry given by the Independent Bodies Oversight Committee on 2 August 2010
  • The fact that amongst those MPs and other political figures leading the January protests calling to “Free Judge Abdulla”, and seen celebrating President Nasheed’s “resignation” on 7 February 2012, were those same MPs who had obstructed all attempts to probe the said issues in Majlis Committees
  • The fact that these MPs, instead of upholding their duty and establishing the truth of the matter by holding an Open Inquiry allowing me to present evidence, politicised the issue and resorted to publicly attack myself, engaging in defamation and character-assassination whilst denying an inquiry. Action that gives good reason to believe in a cover-up, and a wider conspiracy against Constitutional Democratic Government that link events of 2010 (and beyond) to the events of 7 February 2012.
  • The fact that the matter of Abdulla Mohamed being a threat to national security was known to the Judicial Service Commission, the Maldives Police Services, the Maldives National Defence Forces and the Parliament in addition to the President; and that the system had failed to hold Abdulla Mohamed accountable, or the JSC accountable. Instead the JSC and Majlis were covering up for each other.”

The CNI report, Velezinee stated, “fails to consider how the collapse of Rule of Law could possibly have been engineered by those in positions of power, despite evidence of JSC’s Constitution breaches and Majlis cover-up provided to the CNI by myself.”

“The case of Abdulla Mohamed takes a completely different turn if it is established that Abdulla Mohamed is a political plant of President Maumoon Abdul Gayoom, and is unconstitutionally retained by political influence, and placed as Chief Judge of Criminal Court by law, with the Majlis encroaching upon Constitutional powers given to the Judicial Service Commission alone,” Velezinee concluded. “Were it so, it is incumbent upon the Head of State to exercise his powers to prevent abuse of the Criminal Court by a political plant.”

“I am deeply concerned that the CNI report legitimises a dangerous precedent to permit de facto lowering of international standards despite the assurance of the highest standards of democracy as practiced in an open democratic society throughout the Constitution.”

CMAG to meet

The Commonwealth Ministerial Action Group (CMAG) is due to meet and a consider the report in the next week.

The Australian Minister for Foreign Affairs, Senator Bob Carr, on Tuesday issued a statement acknowledging its release.

Senator Carr will chair next week’s meeting of the CMAG which suspended the Maldives from the organisation’s human rights and democracy arm and placed the Maldives on its formal agenda after the events of February.

“Australia urges all party leaders to take part in discussions which pave the way to free and fair elections and strengthen Maldives’ democratic institutions,” Senator Carr said.

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