Government using constitution on selective basis: Yameen

The government is selectively announcing that the Constitution is in jeopardy, Mulaku MP Abdulla Yameen claimed yesterday during a press conference held by opposition Progressive Party of Maldives (PPM).

Yameen, the half brother of former president Maumoon Abdul Gayoom, accused the government of using the Constitution according to its own needs and condemned President Mohamed Nasheed’s remark that the “constitution is at a standstill” as a “serious issue” and must be investigated.

Yameen added that the President does not have the constitutional authority to be involved in or enforce the judicial system.

However speaking yesterday at a rally held by ruling Maldivian Democratic Party (MDP), President Mohamed Nasheed said establishing justice and fairness through a modern and competent judiciary was “one of the main reasons MDP came out to change the government.”

Referring to the constitutional stipulation to evaluate sitting judges for reappointment during the two-year interim period, President Nasheed said the judges who were sworn in were not held to the criteria now specified as Parliament had not yet passed a Judges Act at the time.
In spite of this lag, the Judicial Services Commission (JSC) reappointed the judges and conducted the swearing-in ceremony in the face of vocal opposition from former President’s Member of the JSC Aishath Velezinee.
In May 2010, Nasheed said he informed the JSC that its approved criteria was not in alignment with constitutional standards or public expectations. The concerns were ignored, Nasheed said, and the JSC proceeded to reappoint judges from the former government.
When the constitutional interim period elapsed in August, then Supreme Court Chief Justice Abdulla Saeed “declared on his own that he was permanent” and that the interim bench had tenured itself.
Saying he did “what has to be done at the time” as elected head of state, Nasheed said he then ordered the Defence Minister to lock the interim Supreme Court because “the opportunity to institute a judiciary envisioned by the constitution was narrowing.”
Eventually, Nasheed explained, he agreed to a cross-party compromise on enacting the Judges Act and confirming the Supreme Court bench because “in my view, it was essential to institute a Supreme Court.”
After ignoring complaints against the judiciary, the JSC attempted to investigate Judge Abdulla late last year, however the body was blocked by a Civil Court ruling.
“If the general principles of the Maldivian constitution is to be upheld, in my view it is not a judge who would overrule [the civil court decision] but the head of state,” Nasheed observed.
The judge was arrested on Monday, January 14 after attempting to block his own police summons at the High Court.
According to Yameen, the judge was “kidnapped” by Maldives National Defence Force (MNDF), inciting claims that the Maldives had become a military dictatorship.

The Judge is being held at an MNDF training facility in Girifushi, the same island used to base the famous underwater cabinet meeting in 2009.

PPM has asked the Human Rights Commission of Maldives (HRCM) to provide round the clock surveillance of the judge’s well being while in custody, Haveeru reports.

Meanwhile, President Nasheed explained that the decision to take Judge Abdulla into military custody was not made “with the intention of causing misery or a loss to anyone” or “for the satisfaction of arresting a person.”

The government would “never support or encourage inhumane treatment or anything unlawful,” he said.
“Our only purpose is to establish a court house envisioned by the constitution and hoped for by the people,” he added.

Nasheed also suggested that the democratic transition in South Korea had precedent of military intervention to assist the transition.

PPM announced that peaceful protests against the “abduction” will continue, but urged protestors not to engage in violent or destructive acts, local media reports.

According to local media, PPM yesterday consulted lawyers to file the issue in court.

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8 thoughts on “Government using constitution on selective basis: Yameen”

  1. "Yameen added that the President does not have the constitutional authority to be involved in or enforce the judicial system."

    Aha, am I the only one who never knew Yameen was a legal eagle too? When did he enter the legal profession? This guy must be the smartest Jack of all, since he's reckoned to be a force in Finance, Economics, Politics, International Relations and now Law as well!

    I must be going mental in my old age, or have I not heard EVERY politician in the country spinning the Consitution to their own advantage? Seems that, overnight, a hell of a lot of people have turned into self-taught Constitutional experts. Or did I miss a special training session that these guys attended?

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  2. Yameen is the most corrupt politician in the whole of Maldives. He has played a central role in infiltrating the judiciary and planting his moles within the courts just like the way he had planted his agents else where within the government institutions.

    During his half-brother Maumoon's Regime, Yameen played a central role to influence the judiciary. It is people like Yameen who destroyed the judiciary's independence in the past and even today interfere and influence judiciary proceedings through blackmail and bribery.

    It makes me sick to listen to you talking of the Constitution, justice and Rule of Law! Your side kick Nazim does most of the dirty work that you both plan for your personal political ambitions.

    It is you and your previous government that brought this country to its knees during your 30 year reign of terror. We will never forget this!

    Don't try to 'wash yourself clean' by rubbing your shoulders with the ordinary public in the hope of seeking salvation! NEVER!

    You are simply a opportunist trying to become a hero when in fact you should face justice for your corruption and embezzlement of the wealth of this nation.

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  3. @Ilyas Ahmed on Sun, 22nd Jan 2012 9:23 PM

    "It is people like Yameen who destroyed the judiciary’s independence in the past and even today interfere and influence judiciary proceedings through blackmail and bribery."

    Absolutely! I don't believe people like Abdulla Mohammed deceive the public and serve injustice because they like to do that. It's simply because they have been most likey blackmailed or bribed or both!

    He is due to be questioned by the Police tomorrow. The Police should be careful of this snake, for he is a very slimy and venomous snake! He is the black mamba of the Maldives.

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  6. it took me sometime to know this guy. He is the most "bodaa" person I have ever seen in my life. He thinks no end of himself, but all his loyalty is purchased with the ill gotten money from the oil scam and fizzy STO and Stelco dealings. This guy has a handful thugs who are doing the dirty work in the city. He is man behind all the drugs. He can do anything to destroy any person. Frankly he hates Ilyas and Gasim, but will push others to get the maximum advantage out of these people. A miser of the highest order.

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  7. i think gayoom's sister moominaa gayoom should run for presidency in 2013. she'll win for sure.

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  8. yameen's gangsters are creating terror once again on the roads....please fear the wrath of God&stop tormenting the public&try to live a peaceful life..don't harm people for your political interests...God might send another tsunami and you all will be wiped off the face of earth....think of death,which each person has to face,live in harmony&peace...

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