ACC cannot terminate Nexbis agreement, court rules

The Civil Court has ruled that the Anti-Corruption Commission (ACC) does not have the legal authority to order the Department of Immigration and Emigration to terminate the border control system contracted to Malaysia’s Nexbis Limited in November 2010.

ACC filed a court case against the Rf500 million (US$39 million) Nexbis system in November 2011, two days after cabinet decided to resume the project.

The cabinet’s decision contradicted ACC’s earlier command to terminate the existing agreement with Nexbis and re-tender the project with the cabinet’s consent.

In December, the ACC forwarded a corruption cases against former Immigraiton Controller Ilyas Hussain Ibrahim and Director General of Finance Ministry, Saamee Ageel to the Prosecutor General’s Office (PG), claiming the pair had abused their authority for undue financial gain in awarding the Nexbis project.

However, in Sunday’s hearing Judge Ali Rasheed ruled that the ACC Act clearly allows the commission to investigate corruption cases, but does not give ACC legal authority to issue an order which can annul a formal agreement signed between one or more parties.

He asserted that it is “unfair” to the contractors if ACC can annul an agreement without the contractors’ say, adding that such a decision violates the protection granted to the contractors under the Maldives Law of Contract.

Following the court’s ruling, Immigration Controller Abdulla Shahid told Minivan News that the ruling is subjected to the ACC and it does not directly relate to the department.

He noted that it is too soon to say how the department will proceed with the project.

“We have not even received the documents. We will look into the matter legally,” Shahid said, adding that the court’s decision does not does indicate whether the agreement with Nexbis is “good”.

The 20-year Build, Operate and Transfer (BOT) agreement with the Malaysian-based mobile security solutions provider was to upgrade border security in the Maldives with new technology including facial recognition and fingerprint identification, facilitating the identification and tracking of expatriate workers and eliminating the opportunity to people to enter the country with forged paper documents.

The Maldives currently receives three times its population of 350,000 in tourist arrivals each year. It has lately begun addressing a rise in human trafficking.

The day after the October 2010 signing of the concessionaire contract, ACC announced it had received “a serious complaint” regarding “technical details” of the bid, and issued an injunction pending an investigation into the agreement citing “instances and opportunities” where corruption may have occurred.

After the investigation, the commission deemed the procedure of awarding the project to Nexbis was corrupt, and ordered the Immigration department to terminate the project.

Nexbis shares immediately plunged 6.3 percent on the back of the ACC’s announcement. The company subsequently issued a statement claiming that speculation over corruption was “politically motivated” and had “wrought irreparable damage to Nexbis’ reputation and brand name.”

“Nexbis’ shareholders own and manage multi-trillion dollar assets globally and will not jeopardise their reputation for an investment return,” the company said at the time.

Claiming financial loss Nexbis subsequently threatened legal action over the stalled border agreement, prompting the cabinet to resume the project after reviewing the existing agreement with Nexbis to address the concerns raised by the department.

In earlier interviews with Minivan News, Shahid had expressed concern over both the cost and necessity of the project, calculating that as tourist arrivals continue to grow Nexbis would earn US$200 million in revenue over the project’s 20-year lifespan.

Comparatively, at five percent royalties to the government would come to US$10 million, Shahid said, when there was little reason for the government not be earning the revenue itself by operating a system given by a donor country.

“Border control is not something we are unable to comprehend – it is a normal thing all over the world,” Shahid told Minivan News at the time.“There is no stated cost of the equipment Nexbis is installing – we don’t know how much it is costing to install, only how much we have to pay. We need to get everything out in the open.”

The agreement allows Nexbis to levy a fee of Rf30 (US$2) from arriving and departing passengers in exchange for installing, maintaining and upgrading its immigration system. The company would also charge a Rf231 (US$15) for every work permit card.

Shahid estimates that maintaining a free system given by a donor country would cost at most several hundred thousand dollars a year, and said he was unsure as to why such an agreement had ever been signed.

However, Nexbis said in a statement that neither the government nor the Maldivian public have to pay in exchange for a state-of-the-art border security protection and suggested that “reasonable persons will likely realise that once the hidden costs after are taken into account and adjusted for inflation, the benefits and efficiencies of the Nexbis system will far outweigh the risk, inadequacies and uncertainties of any such alleged cheaper system.”

Nexbis also said it had agreed to review the government’s additional requirements, “and have expressed our willingness to accommodate any such changes within commercially viable terms.”

“While this requires some changes to the solution we ultimately provide, it is within the scope of our agreement to accommodate these changes,” the company said.

Meanwhile, yesterday’s court’s ruling set a precedent on the question raised by some legal experts on whether ACC has the authority to halt or terminate a government project agreement.

Civil court is hearing a similar case against the ACC by Thilafushi Corporation Limited (TCL), which contested the legality of ACC’s decision to halt the US$21 million reclamation project awarded to Heavy Load Maldives, owned by MDP Chairperson Reeko Moosa Manik, on suspicion of corruption.

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President inspects Gulhi Falhu

President Mohamed Nasheed has visited Gulhi Fallhu, a reclaimed area of 50 hectares to be developed into an industrial-residential area.

The project originally stated that 2500 houses would be built in the area.

Global Projects Development Limited (GPD) is running the operation in conjunction with Gulhifalhu Industrial Zone Limited (GIZL).

Since the project began in March 2011 a foundation for a mosque has been laid and a port opened.

During his visit, the President examined the progress of the residential flats, the mosque and pre-school planned for Gulhi falhu.

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Inmates Creativity Fair reveals creative side of jail

“I’m improving my painting, and it’s helping me make improvements in my life. It’s now an interest.”

Adam Arif is four years into a 25-year sentence at Maafushi jail. Participating at the 2012 Inmates Creativity Fair, held in the National Art Gallery from January 12 to 14, he said the arts program has improved daily life at Maafushi, and that the fair was a good chance to see the Male‘ community.

“The art projects allow them to gain valuable skills and hold a normal routine while in prison,” said Mohamed Asif, Assistant Superintendent of the Department of Penitentiary and Rehabilitation Services (DPRS). Inmates who choose to participate in the government-sponsored program work from 9 am to 12 pm, break for lunch, and then again from 1 pm to 3 pm. “It’s like a full job,” he explained. “Otherwise they’d just be sitting behind bars.”

Organised by DPRS, the fair was hosted by inmates and DPRS staff wearing orange tee-shirts sporting the logo “Accept Me”. Paintings, jewelry, handbags, model ships, plant arrangements and even vegetables available for sale were produced by the 80 to 100 male and female participants from Maafushi and Asseyri, most of whom were not formerly artists. They receive Rf900 (US$360) per month.

But business could expand.

“We’ve had a lot of positive comments from people, requesting us to open a shop because they want to buy more. We plan to launch a website to sell the prisoners’ artwork at the end of next month”, Asif said.

With most objects sold by 8:30 pm on the last evening of the fair, Asif estimated that the fair earned Rf1 million (US$64,850). However, he was careful to point out that the earnings are not a profit.

“The money goes back to the government, and is incorporated back into the budget and used to provide more tools for art projects,” he said. “The problem is, actually, we want a revolving fund. We’d like to sell and make a profit and then be able buy more materials and repeat the process. But at the moment, because of legislating governing financial procedures, we aren’t authorised.”

Although the inmate arts program is funded by the government, Asif believes financial autonomy would improve the program. “We are going to introduce a prison club, like the police club, so we can have our own budget to buy and sell,” he explained.

While Asif pushes for independence within the practice of prison reform, he acknowledges that significant improvements have been made in the past few years.

“There is renovation being done at Maafushi, Asseyri, and how they are going to build a new prison at Nanaykurandhoo,” he pointed out. Although the parole system is far from strong, Asif noted that the 2011 Second Chance Program had released 337 inmates since its inception in September, only 30 of whom had returned to prison, mostly from drug relapse.

Maldivian prisons currently house approximately 1000 inmates–0.3 percent of the national population. Nearly three-quarters of the prison population has been incarcerated for drug offences.

According to a 2011 report released by the United Nations Development Program, however, the prison system is poorly equipped.

“The problem in the Maldives is that there aren’t proper prisons,” co-author and UNDP program specialist Naaz Aminath told Minivan News in a previous article. “There is no structure to support the prisoners who are there.”

Inmates surveyed complained about a lack of structure in prison life, listing torture, inhumane treatment, drug availability and false hope from politicians as key factors.

“Plus, there isn’t much to read there,” Aminath explained. Only Asseyri and Maafushi prisons have ‘libraries’–rooms with a few books located outside the gated complex. “It’s risky to go there because it’s not within a protected area, and there simply aren’t enough staff to organise daily library trips. Really, I wouldn’t even call it a library.”

When asked which rehabilitation programs were most needed, inmates most commonly requested religious education (86.4 percent), counseling therapies (76.1 percent) and life skills (75.1 percent).

While the Second Chance program is re-integrating prisoners into society, other steps are improving the situation behind bars.

In 2011, an education program helped over 100 prisoners prepare for their O-levels. A much-anticipated Drugs Bill was passed during Parliament’s last moments of 2011, re-structuring the court procedures for those accused of drug offenses and offering an overhaul of the rehabilitation system. Asif further anticipates that a Prisons and Parole Bill which was sent to Parliament in June 2010 will be approved by March of this year.

Speaking at the fair’s opening ceremony on January 12 President Mohamed Nasheed, himself a former inmate of Maldivian prisons, said the emerging democratic system and reviews of the Constitution have contributed to improvements in the prison system. The President added that cooperation within the community would be measurable by initiatives taken to formulate prison reforms.

Comparing current prison conditions to those of the former regime, the President further stated that existing and pending legal framework offers a second chance for criminal offenders and asserted that torture and oppression faced by prisoners in this country were a thing of the past.

A comment book at the fair revealed an array of positive public responses. Supportive comments such as “this is the best thing I’ve done in 2012 so far” and “this shows that all the prisoners need is guidance in becoming useful people in society” were interspersed with statements of support from former inmates and suggestions for an inmate’s music group, football team and body-building club.

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Government will not allow religion to be used as a weapon for political purposes: Home Minister

Council members of the minority opposition Dhivehi Qaumee Party (DQP) questioned by police were unable to substantiate “slanderous allegations” that the government was working with “Jews and Christian priests” to undermine Islam in the Maldives, Home Minister Hassan Afeef said today.

Briefing press at the police headquarters, Afeef criticised Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi for exercising the right to remain silent when they were summoned for a second time last night and challenged the DQP leaders to point out or provide evidence of “the government’s efforts to wipe out Islam.”

“Where is that priest? Where is the money that priest gave? When was it given? Which account was it deposited to?” Afeef asked.

Dr Jameel told police interrogators that his claims were based on “rumours circulating in the island,” Afeef revealed, criticising the former Justice Minister for not realising the gravity of the allegations when repeating it without proof.

Sandhaanu Didi’s statement to police was meanwhile “useless chatter” claiming the President was “a madman and a Christian,” he added.

“We cannot allow such claims to cause unrest among the public, incite hatred towards the government and lead to discord,” Afeef asserted.

He reiterated that opposition leaders had a responsibility to substantiate “atrocious” allegations that the MDP government was intent on “wiping away Islam” to introduce religious freedom and the practice of other religions.

“This government will not allow anyone to use religion as a weapon for political purposes,” he continued. “Therefore, I would like to remind [journalists] that these actions are an atrocity. The government is not going to allow such atrocities to be committed. I urge you to be mindful of this when the media reports such news.”

Afeef also suggested that the Media Council and Maldives Broadcasting Commission were failing to fulfill their mandate by not objecting to religiously-based allegations by opposition politicians on privately-owned media outlets.

Asked why the police were not investigating cases filed by the opposition against President Mohamed Nasheed, Afeef insisted that the complaints were “baseless” and that police “would investigate if there was any truth to it.”

Among the cases filed with police include a request by PPM Deputy Leader Umar Naseer to investigate President Nasheed’s remarks allegedly “encouraging drug use”.

Calling for compassion towards heroin addicts, Nasheed said in June 2011: “When we don’t provide care for them, they take off with the box cutter and steal money from the mother’s drawers. [They] need it. They need to use. They must use. We have to come to know and understand this. We shouldn’t try talking about this politically or with the intention of hiding behind a nice veil, without using the real terms and words.”

The falsehood of such claims by Umar Naseer and others was evident and “clear as night and day,” Afeef argued.

Asked about DQP’s request for police to investigate President Nasheed’s claims to foreign media that islands in the Maldives were sinking, Afeef said the President was referring to beach erosion in recent interviews and not submersion by sea level rise.

DQP also requested police investigate Press Secretary Mohamed Zuhair for allegedly “threatening the media.”

Meanwhile, according to his twitter page, Dr Jameel revealed that he and Sandhaanu Didi have been summoned to the police station tonight for a third time.

The pair were questioned by police for a second time Saturday night, but both exercised the right to remain silent. After the initial interrogation Thursday night, Did was detained for almost 24 hours and released around 7:00pm Friday night.

Sandhaanu Didi appeared outside the police headquarters with a mask and fins last night, explaining that he had cooperated with police for 30 minutes on Thursday night and intended to “go snorkeling with the police boys tonight.”

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Addu City Council begins taking down “idolatrous” SAARC monuments

Addu City Council has begun removing monuments gifted to the Maldives by SAARC member countries during the “Building Bridges” summit in November 2011.

Bhutan’s monument, a wooden sign, was taken down on Friday following a demand from demonstrators at the opposition-sponsored ‘Defend Islam’ protest on December 23 that all monuments be removed as they were “idolatrous”.

Councillor Hussein Hilmee told Minivan News that a small group of people had been vandalising the monuments and that police had needed to provide 24 hour security, which was unfeasible.

The leaders of Bangladesh, Pakistian, India, Bhutan, Nepal and Sri Lanka unveiled their national monuments to commemorate the Maldives’ hosting of the SAARC Summit.

The night before the unveiling of Pakistan’s monument a small group of protesters knocked it over, contending that carvings detailing the history of the Indus valley civilisation and a bust of the country’s founder Mohamed Ali Jinah were idolatrous. The monument was removed by Addu City Council and replaced on its plinth prior to the unveiling ceremony.

That evening a group of opposition MPs, including MP Ahmed Mahlouf from former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), were arrested attempting to take down SAARC banners at the airport which they claimed featured Christian imagery.

The Pakistani monument was subsequently set ablaze by demonstrators, after the Adhaalath Party issued a statement claiming that “no Maldivian of sound mind” would allow idols or iconography of other religions to be erected in the country.

The Pakistani monument was “part of efforts by adversaries of Islam to turn the faith that Maldivians embraced 900 years ago upside down,” the party said at the time.

The fate of the monuments quickly became a political football in the wake of the SAARC Summit, as the government began to juggle the perceptions of its regional neighbours with antagonistic public sentiment triggered by opposition-led demands that the monuments be removed.

Pakistani Prime Minister Yusuf Raza Gilani unveils the contentious monument

Meanwhile, the wave of vandalism continued. The head of Sri Lanka’s lion statue monument was decapitated, and police were deployed to provide protect the surviving structures.

A month after it was unveiled Nepal’s monument, a metal plaque with a coat of arms resembling the country’s national symbol, was stolen during a police shift change.

“We regret what has happened,” Addu City Mayor Abdullah Sodig told Minivan News following the theft of the Nepalese monument. “It was not a religious monument. There is some political motive behind this theft,” he emphasised, citing “opposition party members” as likely suspects.

Islamic Minister Dr Abdul Majeed Abdul Bari subsequently requested that government authorities remove the SAARC monuments that conflicted with Islam, although he did not specify which.

State Minister for Islamic Affairs, Sheikh Hussein Rasheed, was more muted, telling Minivan News that he did not believe that the monuments contradicted Islam.

“The Pakistan monument showed how Pakistan became an Islamic country from its Buddhist origins,’’ he said, but added: ‘’Although the monument does not contradict Islam, it should not be kept there if Maldivian citizens do not want it to be there.’’

Press Secretary Mohamed Zuhair observed at the time that taking down the monuments would diplomatically be very difficult for the government, “especially where it was handed to us by another Islamic country.”

Removal of the contentious monuments was one of the five demands of the December 23 protesters, who also demanded that the government apologise for a statement to parliament by UN Human Rights Commissioner Navi Pillay concerning a moratorium on flogging for extra-maritial sex.

Today, Addu City Councillor Hilmee said the council had sent a letter to the Foreign Ministry requesting that it inform SAARC member countries that it was taking the monuments down.

Deputy Sri Lankan High Commissioner Shaanthi Sudusinghe said the Sri Lankan government had not yet been informed of any decision.

“We have requested that if [the government] is unable to preserve the monument that they hand it over to us,” she said.

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Mahlouf accuses Maldives history website of promoting other religions

Undersecretary at the President’s Office Fareesha Abdulla has said she intends to file a defamation case against Progressive Party of the Maldives (PPM) MP Ahmed Mahlouf, after he appeared on DhiTV’s ‘Habaru Therein’ (In The News) and accused her of trying to introduce other religions to the Maldives.

“I have asked the Maldives Police Service on January 11, 2012 to investigate this case,” Fareesha said in a statement.

Mahlouf told Minivan News today that “Fareesha, and her husband, I think he’s a foreigner, run a website called Maldives Culture promoting other religions in Dhivehi.”

“Her husband was [previously] deported and Fareesha stayed away from the Maldives for a long time. Under this government, she is now working in the President’s office,” Mahlouf said.

Maldives Culture is a website run by Fareesha and her husband Michael O’Shea, containing English translations of documents about the history, culture and society of the Maldives.

“There’s no Dhivehi in the site – it’s all in English,” Fareesha said. “There’s nothing about other religions, and Michael was never deported.”

Fareesha told Minivan News that while she could laugh off Mahlouf’s allegations, “they have serious ramifications for me. He is a member of the Majlis and people do trust what he says – they may not check the truth for themselves. I am concerned for my physical safety – I may not be able to walk on the streets without being attacked.”

Mahlouf meanwhile claimed that the government was using the police “to try and stop us talking.”

“There’s no way they can stop us,” he said.

Documents available on Maldives Culture cover topics ranging from Maldivian art, history, social customs to historic photographs and maps of the Maldives, and a Dhivehi-English dictionary.

The site also includes translations of the works of famous explorers who visited the Maldives throughout its history, including the Ibn Battuta, François Pyrard de Laval and HCP Bell.

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Tourism pioneer dies

Maldivian tourism pioneer Kan’di Ahmed Ismail Maniku has died while being treated at Sri Lanka’s Nawaloka Hospital.

Maniku diligently served the Maldives’ tourism industry since its introduction in 1972. He received an award from the Ministry Of Tourism in 1997 for being a pioneer of tourism in the Maldives.

He was also awarded the National Award of Recognition in 1997 and National Award of Honour in 2005, in recognition of his many contributions to the tourism industry.

He held many other positions with the government during his life, including Under Secretary at the Foreign Ministry, Second Secretary at the Office of the Maldivian High Commissioner in Ceylon, Representative of the Maldives’ Office at the United Nations, Manager at the Shipping Department, Under Secretary at the President’s Office, and Deputy Minister of Fisheries.

Tourism Minister Dr Mariyam Zulfa left for Sri Lanka last night to attend Maniku’s funeral.

He is survived by his wife Moomina Haleem, the first female cabinet minister in the Maldives and an honouree of the National Exemplary Service Medal, and four children.

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Comment: To Flog or not to Flog

A few months ago, a protest took place in the Maldives in defense of the Islamic Huddud (punishment) after a UN delegate spoke out against whipping for adultery from the Maldivian Parliament.

A few years ago, I had heard it argued that it was not Islamic to literally apply the Huddud in this day and age. I wanted to know for sure who was correct about this issue from an Islamic point of view, the fundamentalists or the liberal Islamic scholars.

Seeking answers, I dug out and read a few of my old volumes of Sahih Muslim, as rendered into English by Abdul Hamid Siddiqi. The experience I had wading through those pages rekindled that warm flame within me of the Islamic spirit of Mercy, the Mercy of Allah for all humanity.

This Mercy is understood by all Islamic scholars to be the supreme attribute of Allah. I came to believe that it is perfectly justifiable within a Sunni Islamic context to have the opinion that it is against this Merciful Essence of Islam to literally apply the Huddud in our day and age.

The Huddud (punishment) of flogging for Zina (adultery) is prescribed by the Qur’an and the Sunnah. Also in the Quran, however, in Surah four 15 – 16, it is stated that those who commit crimes such as Zina are to be extended forgiveness and Mercy if the perpetrators repent. As we well know, the view of many fundamentalist Sunni scholars is that these verses prescribing Forgiveness for Zina were abrogated and replaced by the verse prescribing whipping for zina. Many modern Islamic scholars have argued that this is an example of a misunderstanding and misuse of the idea of abrogation.

Let’s look closer at this concept of Naskh, abrogation.

It is one of the fundamental points of Sunni Islam that the Qur’an is the unwritten, eternal Kalam. As an attribute of Allah (Kalam or Speech) it has always existed. Is it possible then, that a ruling of vengeance which has always existed, (as part of the Uncreated Qur’an) could suddenly come into being in the lifetime of our Beloved Prophet (SAW) to replace a ruling of Mercy and Forgiveness which has also always existed.

That is not reasonable. So another perspective is that the Huddud are not so much laws to be applied to all circumstances but are in fact uncreated representations of eternal principles. The highest principle, and the overriding principle in all decision making, is the principle of Mercy, so richly expressed as compassion and forgiveness in the Qur’an and in the Sunnah so very many times.

It is said, in many Sahih Ahadith, for example, that one would be admitted to Jannah (paradise) for having a grain of faith as small as a mustard seed, no matter what his sins were. The practical application of this Mercy comes through the Islamic principle of Maslahah, doing what is best for the community.

In depth study of the Qur’an and Sunnah makes it apparent that the reason the Huddud exist are to make us aware of the immeasurable gravity of the sanctity of life and family, and of the importance of the protection of private property for furthering the development of all the Ummah. The preference for forgiveness is further demonstrated by the near impossibility of applying the Huddud due to the almost impossible to provide demands for proof required by Shariah law (four witnesses to prove fornication for example).

The Prophet’s own preference of the application of forgiveness and Mercy, even when perpetrators confess their sins and demand to be punished, is beautifully demonstrated by a Hadith which recounts an occasion that a female perpetrator of Zina demanded she be punished. The Prophet ignored her, preferring that she accept Allah’s Mercy. She evidently understood the lesson of the sanctity of family which the prescribed punishment for Zinah was meant to teach, and for the Prophet (SAW) that was enough.

As the story goes, this woman persisted in demanding punishment to the point the Prophet could not refuse, and even when she was punished, the Prophet forbade a spirit of vengeance or hate toward her. Sorrowfully, the Prophet demanded reverence, silence; he said he sensed Jannah (heaven) around her as she died. Again, I must emphasise, He did not want to punish her. Such application of punishment was not compatible with the Merciful Intent of the Wahi (the Revelation.)

Unlike some of our present day Muslims, the Prophet was not into protests demanding vengeance and punishment for Zinah, he hated to apply the Huddud and certainly would never have pushed to do so. For he who was sent as a Mercy to the Worlds, it would have been beneath his dignity to make a loud noise about wanting to hurt anybody.

Given our modern understanding and technology, it is possible to promote the gravity of the sanctity of the family and of marriage (the reason for the Revelation of the Huddud) through means such as counseling and education. So it would be most un-Islamic, seems the Islamic preference is Mercy, to literally apply the Huddud for Zinah in our day and age. Of course, those texts will always be there, as they always have, to remind us of the sanctity of family.

There are many great Islamic scholars from the Maldives who agree with the general thrust of this point of view who could actually argue this point a billion times better than I could. Yet since it would be politically damaging for them to share their much needed genius with us right now, I certainly hope that my humble opinion could at least generate some debate about this issue. Eventually I hope to hear from our brave, noble geniuses.

One final thought on this matter.

The Prophet said, and he was not the first Prophet to say it, that he who refuses to show Mercy to others will not receive Mercy from Allah. I wonder what Allah may think of those who’s Zinah and alcohol use had been concealed by Allah’s Mercy, who then demand that that same mercy be denied to others.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Police interrogate, briefly detain DQP leaders over “slanderous” allegations

Police interrogated and briefly detained leaders of the minority opposition Dhivehi Qaumee Party (DQP) Thursday night, after the President’s Office requested an investigation into “slanderous” statements alleging the government was working under the influence of “Jews” and “Christian priests” to weaken Islam in the Maldives.

DQP council members former Justice Minister Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi were summoned for questioning at 8pm Thursday night. Former Attorney General and presidential candidate in 2008, Dr Hassan Saeed, accompanied the pair as their lead lawyer.

Speaking to press outside the police headquarters shortly after 10pm, Dr Jameel contended that the government was trying to silence dissent by arresting those who speak out against corruption and intimidation of the judiciary “with a serious warning of destroying democracy in the Maldives in its infancy”.

“By God’s will, we now have the certainty that will we will put this current President [Mohamed Nasheed] in jail for a long time,” he asserted.

Sandhaanu Didi was meanwhile taken to Dhoonidhoo detention island after midnight and released around 7:00pm on Friday night. DQP had filed a case at the Criminal Court at 3:45pm challenging the legality of the detention and seeking reasons for his arrest.

In July 2007, Didi was sentenced to life imprisonment by the former government for distributing the dissident Sandhaanu newspaper online and allegedly fomenting unrest and revolution. His role in the pro-democracy reform movement was recognised by Amnesty International and the US State Department.

Before entering the police station Thursday night, Didi insisted to reporters that his insinuation of the government’s anti-Islamic agenda was true, holding up a booklet titled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians.’

“We brought Nasheed to power by mistake. Nasheed is a madman,” he claimed, calling on the public to “rise up and defend Islam.”

Meanwhile a group of DQP supporters gathered outside the police headquarters to protest, during which DQP Deputy Leader Abdul Matheen was briefly detained for “disobeying a police order” and released after midnight.

“Suppression of free press”

The police involvement provoked a flurry of strong criticism from opposition parties, which have accused the government of resorting to dictatorial tactics, intimidating political opponents “out of desperation” and undermining freedom of expression.

Both the main opposition Dhivehi Rayyithunge Party (DRP) – which formed a coalition with DQP last year – and the Progressive Party of Maldives (PPM) led by former President Maumoon Abdul Gayoom have condemned the government’s “suppression of the constitutional right to free expression.”

In a press statement issued today calling on the international community to intervene, PPM condemned the current administration for “harassment and intimidation” of privately-owned media outlets, arguing that such actions have “created an atmosphere of fear and repression in Male’.”

The ‘December 23 coalition’ of eight opposition parties that united to ‘Defend Islam’ also released a statement on Friday calling for the immediate release of the DQP senior member and condemning the “act of cowardice.”

“The December 23 coalition assures all citizens that we will not be deterred by the intimidation from the government but will continue on with renewed vigor in the face of such adversity for our religion and country to ensure that our rights are protected,” the statement read.

“Invalid offence”

A statement by DQP meanwhile explained that Didi was to be charged under section 125 of the penal code drafted in the 1960s, which states “Where a person makes a fabricated statement or repeats a statement whose basis cannot be proven, he shall be punished with house detention for a period between one to six months or fined between Rf25 and Rf200.”

Noting that the provision was “one of the most frequently invoked clauses by the 30-year rule of President Gayoom to suppress press freedom and dissenting views,” DQP argued that the liberal constitution adopted in 2008 and decriminalisation of defamation in 2009 rendered the offence of slander or lying “invalid.”

“Article 69 of the constitution prohibits application and interpretation of fundamental rights under the constitution restrictively,” the statement explained, adding that article 68 requires the interpretation of fundamental rights “in accordance with prevailing practices in democratic countries.”

Meanwhile, following his interrogation Dr Jameel tweeted: “Nasheed is relying on archaic laws to suppress opposition voices but he calls himself a democrat.”

The former Civil Aviation Minister under President Nasheed also alleged that police were continuing to “harass me and I am expecting to be taken illegally at any time.”

According to local media reports, Sandhaanu Didi has been summoned to the police headquarters again at 8.30pm tonight.

“Racist, bigoted and anti-Semitic”

Sandhaanu DidiAppearing on opposition-aligned private broadcaster DhiTV last week, Sandhaanu Didi had alleged that the government was “operating under the influence of Christian priests” and had been “attempting to spread irreligious practices and principles in the country.”

In response, the President’s Office issued a statement on Thursday condemning the remarks as “racist, bigoted and anti-Semitic.”

“The DQP is playing politics with religion. They are siding with religious extremists to wage a campaign that is racist, anti-Semitic and deeply unpleasant, in an effort to damage the government. I condemn the DQP, its leader Dr Hassan Saeed, and the council members involved for their disgraceful behaviour” Zuhair said at last week’s press conference, where he announced the government’s decision to ask police to investigate the pair along with DhiTV.

Zuhair added that opposition parties were “stooping to the politics of the gutter… out of political desperation”, pointing to a string of victories in recent by-elections for the ruling Maldivian Democratic Party (MDP) “and the success of government policies, such as universal free health insurance, which was introduced on January 1.”

“The outburst by the DQP council members is the latest in a torrent of intolerant slurs made by opposition parties in recent weeks, in an apparently co-ordinated effort to undermine the government’s moderate Islamic stance,” the President’s Office statement reads.

On December 23, opposition parties and a coalition of NGOs organised a mass demonstration to ostensibly ‘Defend Islam’ and accuse the government of an hidden agenda for securalisation.

“Slander and bald-faced lies”

In his weekly radio address yesterday, President Nasheed insisted that the government “did not wish for the slightest disruption to freedom of expression” and would not react to criticism with police action.

“However, when deliberate slander is spread about the government to mislead the public – especially the false claim that the government is trying to introduce other religions in the Maldives – in my view, the government has a responsibility to clear its name and refute the allegations,” he explained, reiterating that neither the ruling party nor the government “would ever attempt to bring another religion into the country.”

He added that the government should take action against deliberate falsehoods spread to “create discord between the public and myself, my party or this administration and cloud their view of the government.”

Meanwhile at last week’s press conference, Press Secretary Zuhair noted that the former government carried out an investigation while Dr Hassan Saeed was in the cabinet into MDP’s sources of funding and foreign backers, which cleared the fledgling party of alleged ties to Christian missionaries.

After declaring “unconditional” support for candidate Nasheed ahead of the second round run-off of the October 2008 presidential election, Dr Hassan Saeed said at the closing rally of the campaign that the anti-Islamic allegations were “bald-faced lies.”

“The Maldivian government carried out efforts with funds from the Maldivian treasury, with money from the state budget and using experts from England to see if there was any connection between Mohamed Nasheed or MDP to Christianity,” he revealed.

“They carried out a thorough inquiry. That project looked into whether MDP received funds from foreign parties to spread Christianity. But what did the inquiry the Maldivian government carried out with Maldivian funds show? There is no connection between Mohamed Nasheed or MDP to Christianity.”

Dr Saeed’s running mate in 2008, former Foreign Minister Dr Ahmed Shaheed explained in an interview with Minivan News in June 2011 that the previous administration hired UK security and private investigation firm Sion Resources in 2007 for a surveillance operation dubbed ‘Operation Druid.’

“The [Gayoom] government may have wanted to see what was going on. What these operations did was try to see who was who. And a lot of the operations the government felt were against it came from Salisbury, and I think the government of the day felt justified in engaging a firm to look into what was going on,” Dr Shaheed revealed.

“We’re talking about people who they had deported from the Maldives for proselytisation, people involved in all sort of activities. They felt they needed to check on that, and what came out was a clean bill of health. Nothing untoward was happening, and these people [MDP members working in exile] were by and large bona fide.”

The accusation from the Gayoom campaign that MDP and Salisbury Cathedral were conspiring to blow up the Islamic centre and build a church was “just a mischievous suggestion, a very mischievous suggestion,” Dr Shaheed said.

“Hassan Saeed and I – the last election rally we had, October 7 2008 or thereabouts, the last rally in our campaign against Gayoom, at the time everyone was accusing each other of being non-Muslim, and this accusation that the MDP was non-Muslim was getting very loud,” he continued. “So we came on stage and said we were former government ministers and that we were aware about this allegation against MDP and that Gayoom had hired a firm to look into this allegation, and that their report had confirmed there was no such connection to MDP. Both of us said this on record.”

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