Politics – Page 122 – Minivan News

Seleznyov’s Guam hearing delayed as defence claims Maldives’ arrest was illegal

The lawyer of alleged Russian hacker Roman Seleznyov has alleged his client’s detention in the Maldives was illegal, calling for the termination of his case based on “outrageous governmental misconduct” by the United States.

“The U.S. agents disregarded the U.S. law which prohibits the execution of warrant of arrests on foreign soil, disregarded Maldives law which affords fundamental legal protections, and disregarded well-established principles of international law which prohibit government-sponsored abduction of non-combatants,” Defence Attorney Patrick Civille was quoted as saying by local media in Guam.

Seleznyov was taken to the US territory after being detained at the Maldives’ Ibrahim Nasir International Airport on July 5. Outraged Russian authorities have described his arrest as “kidnapping”.

A removal hearing scheduled in Guam today has been delayed while Guam Chief Judge Frances Tydingco Gatewood determines whether she has jurisdiction over the case.

Seleznyov’s attorneys are reported as saying their client was detained by US rather than Maldivian personnel, as well as questioning the validity of the Interpol red notice used to detain him, claiming the notice was only issued on the day of the arrest.

An initial US press release revealed no details of the location of the arrest, though it was clearly stated as having taken place on July 5. A subsequent statement by the US Attorney’s Office in Guam said that Seleznyov had been arrested in Guam on July 6.

Arrested by US personnel

Civille’s motion is reported to have argued that his client was “in fact taken into custody by agents of the United States Secret Service while physically present in the Republic of the Maldives,” said Kuam News.

“While on foreign soil, Seleznev [sic] was detained, handcuffed and questioned by U.S. law enforcement agents who then quickly spirited Seleznev away from Maldives to Guam on a private jet chartered by the United States,” continued Civille.

“His arrest therefore occurred on foreign soil, not upon the territory of the United States, and thus his presence before this court has been procured in an unlawful manner.”

Assistant US Attorney Marivic David is reported to have argued that the Guam court’s role is simply to positively identify the suspect in order to issue an order for his removal to the Western District of Washington in the US where Seleznyov was indicted in March 2011.

In a statement provided for the District Court of Guam, Seleznyov has described his arrest by US personnel on July 5.

“One of the three Americans screamed loudly that he was with the United States Secret Service and that I was under arrest. When I asked why I was under arrest, a paper was aggressively dangled in front of my face,” Marianas Variety reported Seleznyov as saying.

“None of these individuals was a Maldives law enforcement agent as far as I could determine,” Seleznyov is quoted as saying.

While Russian media have also quoted eyewitnesses who reported non-Maldivians detaining the Seleznyov, President Abdulla Yameen has previously dismissed claims of a US Secret Service operation on Maldivian soil as baseless.

Strained relations

After a high-level government delegation met with Russian diplomats in an attempt to smooth relations, Home Minister Umar Naseer last week said that Maldivian authorities would have acted differently had they know the suspect was the son of a Russian MP.

“Had it been known that he was a high-profile person in Russia, we would have discussed with Russia. We would have talked and found out what they thought of the matter. We don’t want at all to do anything to displease Russia,” Naseer said on TVM’s Raajje Miadhu (Maldives Today) programme Thursday night (July 17).

Selezynov’s father Valery Seleznyov has called on Russian authorities to impose economic sanctions on the Maldives and reportedly offered US$50,000 for evidence proving his son was detained by US intelligence agents.

US officials in have maintained that Maldivian authorities acted under their own laws, expelling Seleznyov from the country before his subsequent arrest.

Seleznyov is accused of bank fraud, identity theft, and other cyber crimes. The US have described him as “one of the world’s most prolific traffickers of stolen financial information”.

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JSC denies reports of ethical misconduct case against new prosecutor general

The Judicial Service Commission (JSC) has denied allegations made by opposition-aligned private broadcaster Raajje TV that it had found Criminal Court Judge Muhthaz Muhsin guilty of ethical misconduct.

Muhsin was approved as the new prosecutor general by parliament yesterday following his nomination to the vacant post by President Abdulla Yameen and sworn in at a ceremony this morning.

In a press release on Sunday (July 20), the judicial watchdog body said it had not “concluded any complaints” against Muhsin.

“[T]he news reported by Raajje.mv and Raajje TV claiming that [Muhsin] has been found guilty of ethical misconduct is false and the commission regrets with concern that such false information has been disseminated,” the press release stated.

The JSC explained that complaints against judges are scrutinised by the commission’s complaints and investigation section, which submits a report to the ten-member commission for consideration.

The commission then decides to take disciplinary action following further investigation by a subcommittee after offering a 30-day period for the accused judge to respond.

JSC Spokesperson Hassan Zaheen told Minivan News yesterday that the commission could not confirm whether a complaint had been filed against a specific judge.

The JSC provides information to the public once an investigation has been completed and a decision made regarding a complaint, he explained.

“Anyone can submit complaints about judges, even if a person did not like the way a judge was walking on the street for example,” he said.

Judges “could not live in this country” if the JSC revealed to the media when a complaint has been lodged against a judge, Zaheen suggested.

Leaked report

Raajje TV reported this week that an investigative report into a complaint filed against Muhsin in April 2010 was completed on May 30 this year.

The leaked report showed that a subcommittee found Muhsin had violated ethical standards by allegedly attempting to prevent a suspect arrested for theft from being held in remand detention.

Muhsin allegedly called the investigating police officer and Criminal Court judges at the behest of the suspect’s wife.

In testimony to the JSC subcommittee, the police officer allegedly said that Muhsin had called him asking whether the suspect was in police custody and had sought information regarding the case.

The television station has stood by its news report, noting that the leaked investigation report bore the JSC letterhead.

Raajje TV also noted that opposition Maldivian Democratic Party MPs who evaluated Muhsin’s nomination in the parliament oversight committee had requested that information of the complaint be sought from the JSC.

However, the pro-government majority on the independent institutions oversight committee rejected the proposal.

Meanwhile, according to local media, the case in question involved former Chief Inspector Mirfath Faiz, whose husband was arrested for stealing a mobile phone in 2010.

In a Civil Court case over her subsequent dismissal from the Maldives Police Service, the Attorney General’s Office informed the court that Faiz had called Muhsin to save her husband from being taken to the Criminal Court to have his detention extended .

“Politicised”

The JSC is tasked by the constitution with investigating complaints and taking disciplinary action against judges.

According to the JSC’s annual report for 2013, the commission has yet to conclude investigations or make a decision regarding 106 cases, which were pending at the end of last year, including one complaint dating back to 2008 and four complaints from 2009.

Other pending cases included 13 complaints from 2010, 16 complaints from 2011, 17 complaints from 2012 and 55 complaints from 2013.

The complaints against judges involved allegations of bias, lack of integrity, behavioural misconduct, discrimination, incompetence, procedural violations, inordinate delays in concluding cases, and breach of law and the constitution.

In a comprehensive report on the Maldivian judiciary released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, noted that there was consensus on the view that the current composition of the JSC was “inadequate and politicised”.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” she wrote.

Moreover, the lack of transparency regarding proceedings over complaints, the criteria used to initiate proceedings, and JSC decisions “nourishes serious allegations of selectivity in the management of complaints.”

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Maldives to boycott Israeli products, annul bilateral agreements

The Government of Maldives has today announced the boycott of Israeli products and the annulment of bilateral agreements with the country.

“President Yameen and the Maldivian citizens are with the Palestinian people”, said Foreign Minister Dunya Maumoon at a press conference this afternoon.

Dunya also announced that the Maldives would join other Arab nations in co-sponsoring a resolution at this week’s special session of the UN Human Rights Council (HRC) calling for the protection of an independent Palestinian state and the extension of humanitarian aid.

As well as an admittedly “symbolic” boycott of Israeli products, three agreements – signed in 2009 under the administration of President Mohamed Nasheed – would now be annulled, explained the foreign minister.

The agreements involved cooperation in areas of health, culture and education, and tourism.

“I do not think Maldivians want any help from Israel or want to keep up relations with Israel. So from now on, the agreements have been annulled,” she said.

While she noted that neither that former President Maumoon Abdul Gayoom nor the current government believed in maintaining such relations, she stopped short of announcing the severing of diplomatic ties.

Criticising Nasheed for having established diplomatic relations with Israel, Dunya said that his current statements in support of the Palestinians could not now be accepted.

Addressing the UN General Assembly in 2009, Nasheed argued that renewed diplomatic relations with Israel would be used to reiterate the Maldives’ support for a two state solution.

Boycott

Acknowledging the impact of the Maldives’ boycott would be small, Dunya today noted that other small nations had done likewise with symbolic acts that had been appreciated by the Palestinian government.

“Even though what we give is small or symbolic, the way it is received is important. The message we want to give is we are with the Palestinian people,” said Dunya.

Explaining the boycott, Mohamed Hussain ‘Mundhu’ Shareef, minister at the President’s Office, said the government would soon announce a moratorium on the import of Israeli goods into the country after discussions with the Ministry of Economic Development and Maldives Customs Services.

While the government is calling on businessmen to join the boycott, it will still be possible for some Israeli products to enter the Maldives as the country does not check for the country of origin or manufacturers of imported products. Even so, the government will remove such products from shops in accordance with the Customs Act.

Shareef said that the Maldives may consider lifting the moratorium if the Israeli government’s violation of international resolutions stop.

Regarding other economic links, he noted that there were few tourists arriving in the Maldives from Israel and that there were no Israeli investments in the country.

“Israeli investment is not important for us. We want investments from countries with human rights practices that are acceptable to us,” said Shareef.

Israeli tourists – numbering 2,569 in 2013 – constituted 0.3 percent of total tourist arrivals. In June 2014, 254 Israeli tourists visited Maldives, a 72 percent increase from 12 months earlier.

Domestic pressure

At home, the government remains under pressure from both the opposition and civil society who have called for bolder action concerning the recent escalation of violence in Gaza.

After the opposition leader Nasheed called on human rights defenders to raise their voices against “indiscriminate killings in Gaza”, his Maldivian Democratic Party (MDP) held a rally on July 12 in Malé criticising the government’s initial silence.

On the same day, President Abdulla Yameen phoned Palestinian President Dr Mahmoud Abbas to condemn “Israel’s inhuman actions”, and pledged to do everything necessary in the international arena to aid Palestinians.

Days later, thousands of Maldivians from all sides of the political spectrum gathered across the country to rally in protest against the Israeli offensive.

Nasheed has since called on MDP members to take the initiative and go to Gaza in order to act as a “human shields” protecting Palestinians.

Those who organised the nationwide rally are currently circulating a petition to be submitted to the People’s Majlis calling for a resolution to be passed by MPs.

Speaking to Minivan News, a member of the group said that over 8000 signatures had been collected in just two evenings. Working alongside civil society organisations in the atolls and local councils, many more were expected.

A second online petition has also been launched calling on the government to use Maldives’ seat in the UN HRC to request an investigation into human rights violations in Israel and Palestine and to hold discussions to find a peaceful resolution to the conflict.

The religious conservative Adhaalath Party, along with 11 civil society organisations, had established a donation fund to assist Palestinians affected by the ongoing conflict.

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Majlis approves Criminal Court Judge Muhthaz Muhsin for prosecutor general post

The People’s Majlis has today approved Criminal Court Judge Muhthaz Muhsin for the post of prosecutor general (PG).

Muhsin’s nomination for the role – vacant since November – received 62 votes in favour, and seven votes against, while 12 MPs abstained.

President Abdulla Yameen had nominated Muhsin and his nephew Maumoon Hameed for parliamentary approval on June 2. As Muhsin’s name was put to a vote first and approved, Speaker Abdulla Maseeh Mohamed did not call a vote for Hameed.

Thirteen MPs of the opposition Maldivian Democratic Party (MDP) also voted in favour of Muhsin.

They were Addu Meedhoo MP Rozaina Adam, Felidhoo MP Ahmed Marzooq, Hithadhoo South MP Ali Nizar, mid-Hithadhoo MP Ibrahim Mohamed Didi, Hulhuhenveiru MP ‘Reeko’ Moosa Manik, Komandoo MP Ahmed Nashid, Kulhudhufushi North MP Abdul Gafoor Moosa, Kurendhoo MP Abdul Bari Abdulla, Addu Maradhoo MP Ibrahim Shareef, mid-Henveiru MP Ali Azim, Mulaku MP Ibrahim Naseer, Vaikaradhoo MP Mohamed Nazim, and Velidhoo MP Abdulla Yameen.

While the Jumhooree Party (JP) decided today that its 12 MPs would abstain in the vote, JP MP for Kendhoo Ali Hussain voted in favour of Muhsin.

MDP MP for Alifushi, Mohamed Rasheed Hussain ‘Bigey’, joined the remaining 11 JP MPs in abstaining while all seven MPs who voted against Muhsin belonged to the opposition MDP.

The MDP parliamentary group had reportedly decided last night to issue a three-line whip against Hameed and to give its 23 MPs a free whip to vote as they chose for Muhsin.

With 20 MPs in attendance at parliamentary group meeting last night, the proposal by Deputy Speaker Moosa Manik was passed with 13 votes in favour.

Meanwhile, at a parliamentary group meeting on Saturday (July 19), MPs of the Progressive Party of Maldives (PPM) decided to endorse Muhsin despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan confirmed to Minivan News that a three-line whip was also issued for PPM MPs to vote for Muhsin.

All PPM MPs in attendance along with MPs of coalition partner Maldives Development Alliance (MDA) voted in favour of approving Muhsin as the new PG.

“Puppet”

Maumoon Hameed has meanwhile criticised the PPM MPs’ decision on his Facebook page.

“The reasoning behind the decision of the PPM parliamentary group this afternoon apparently went something like this: ‘He won’t do as he’s told!'” he wrote.

“Given this reasoning, and the evident desire to install a puppet instead of someone who will uphold the law without fear or favour, I applaud the decision to endorse someone (anyone!) other than me.”

Responding to the post, former MP Mohamed ‘Colonel’ Nasheed alleged that PPM MPs on the independent institutions oversight committee were instructed to award zero percent to Hameed and 100 percent to Muhsin during the vetting process.

Following evaluation of the nominees at a closed session based on academic qualifications, experience, and competence, the oversight committee awarded Hameed 33 percent and Muhsin 67 percent and decided against recommending either nominee for approval.

In a letter to PPM Parliamentary Group Leader Nihan demanding an explanation of the PPM-majority committee’s decision, Gayoom had contended that the committee meeting where the nominees were interviewed was conducted in violation of parliamentary rules.

In the wake of the PPM parliamentary group’s decision to vote for Muhsin, MDP MP Rozaina Adam meanwhile tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

Vacant PG post

Rozaina also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw Hameed fail to garner the required 39 votes after falling just three votes short.

According to Article 221 of the Constitution, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

Following the previous parliament’s rejection of Hameed, President Yameen refused to submit a new nominee and opened up a third call for applicants, announcing his intention to nominate Hameed for a second time to the newly elected 18th People’s Majlis.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

Meanwhile, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

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No intention to “displease” Russia with Seleznyov expulsion, says home minister

The Maldivian government would have “acted differently” if the Home Ministry had been aware that an alleged hacker expelled on July 5 was the son of a Russian lawmaker, Home Minister Umar Naseer said on state broadcaster Television Maldives (TVM) last week.

Naseer said that the Home Ministry was only aware of information concerning the suspect’s alleged crimes, adding that the government had no wish to be caught between Russian-American rivalry.

The Russian Foreign Ministry had expressed outrage over the arrest of Roman Valerevich Seleznyov, 30, from the Ibrahim Nasir International Airport (INIA) and called it a “kidnapping” by the U.S. Secret Service.

The Home Ministry however insisted that Selezynov – son of Russian parliamentarian Valery Seleznyov – was expelled in response to an Interpol red notice with American authorities informed upon his arrival in the Maldives.

The US embassy in Colombo backed the government’s stance with a spokesperson informing Maldivian media that an Interpol red notice had been issued following indictments relating to bank and computer fraud that affected thousands of American citizens.

“This was a law enforcement action, and was based solely on law enforcement considerations. The indictment in this case was returned on March 2011, and thus long predates any current issues involving Russia and the United States. It has nothing to do with any of those issues. Nor was this a ‘kidnapping’ or in any way illegal,” the spokesperson stated.

Seleznyov “was arrested following his expulsion from another country, acting under its own laws. He was advised of his rights and given consular notification. These actions also were in no way inconsistent with any treaty arrangements with Russia.”

While President Abdulla Yameen has dismissed allegations of a US Secret Service operation on Maldivian soil as baseless, Home Minister Naseer insisted in parliament last week that Selezynov was arrested lawfully “by Maldivian police”.

Eyewitness

However, Russian media has reported an anonymous eyewitness at the airport as claiming that Selezynov was allegedly handcuffed and led away by “two white guys” before he was about to board a flight to Moscow.

“I can remember one very clearly, one was wearing a green T-shirt and jeans type pants. He cuffed him,” the eyewitness told the Voice of Russia radio station.

While Maldivian police were present, the eyewitness claimed “they were not engaging in anything, they were just behind him.”

Selezynov was taken to the VIP lounge where passengers departing on private jets are processed, the eyewitness explained.

His girlfriend, Anna Otisko, who was with him at the airport told Russian media at a televised press conference on July 11 that her partner was “grabbed by unknown men” at the airport.

Selezynov’s father has also called on Russian authorities to impose economic sanctions on the Maldives and reportedly offered US$50,000 for evidence proving his son was detained by American intelligence agents.

“No legal procedures involving local authorities required for extradition were observed,” the Russian Foreign Ministry contended in a statement.

“The Russian citizen was literally kidnapped, which is a flagrant violation of the laws of any civilised state as well as international law.”

Maldives Foreign Minister Dunya Maumoon and Attorney General Mohamed Anil meanwhile flew to Sri Lanka last week to brief Russian diplomats regarding the incident.

The ministry said in a statement that “strong, mutually beneficial” relations with Russia would not be derailed due to the “isolated incident.”

Due process

The opposition Maldivian Democratic Party (MDP) has also accused the government of flouting due process in Seleznyov’s arrest.

In a statement, the party said that personnel of Maldivian security services must make arrests within Maldivian territory and a warrant from a Maldivian court must be obtained for such seize-and-arrest operations.

Further, the suspect should also be produced at the relevant court in Maldives prior to repatriation, the party said.

The MDP has also expressed concern the incident may have adverse effects on trade and tourism.

Russia currently ranks fifth in terms of the number of tourist arrivals to Maldives, with more than 33,000 tourist arrivals during the first five months of 2014.

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MDP calls parliamentary debate on Supreme Court Judge Ali Hameed sex tape scandal

The opposition Maldivian Democratic Party (MDP) has called for a parliamentary debate on the judicial watchdog’s decision to clear Supreme Court Judge Ali Hameed of misconduct charges in a sex tape scandal.

The Judicial Services Commission (JSC) on June 25 claimed insufficient evidence to indict the judge in a court. The three sex tapes leaked on social media appear to show Hameed fornicating with three different foreign women in a Colombo hotel room.

The commission did not suspend Hameed in the course of investigations despite several sub committee recommendations.

Critics have since argued the JSC is mandated to conduct disciplinary investigations which entail different penalties than criminal investigations.

MP Imthiyaz ‘Inthi’ Fahmy in a resolution on Wednesday said the JSC decision has “closed all the doors for unveiling the truth regarding the case.”

The resolution also stated that the JSC contravened its own standards in determining misconduct in order to save Judge Hameed, and had “sacrificed judicial independence and the Constitution and prioritized [Judge] Ali Hameed’s interests” by purposefully delaying the case for over a year.

In serious cases of corruption and misconduct, allegations must be investigated promptly and the judge must be suspended until investigations are completed, Fahmy noted.

Further, the JSC decision to retain a judge perceived to be “corrupted, shamed, dishonored and blackmailed’ on the Supreme Court bench affects the freedom and independence of the apex court and undermines trust in decisions of all other courts, the resolution said.

The JSC has violated the public’s constitutionally enshrined right to a fair trial at a free and independent court, Fahmy said.

The first reading of the resolution was held on Wednesday. It will be opened up for debate within a seven day period and MPs will cast a vote to accept or reject the resolution.

Speaking to Minivan News, Fahmy said he wanted a parliamentary probe in to the JSC decision.

“The decision has set a very wrong standard, we cannot allow this to continue. The JSC does not have to use criminal standards in a disciplinary case like this, anyone familiar with law will know with that. The parliament should look in to this and hold JSC accountable,” he said.

However, given the ruling Progressive Party of the Maldives (PPM) avoidance of the subject of judicial reform, Fahmy said he is skeptical of the outcome of the resolution. The PPM currently holds a majority in the parliament.

“Even so, I hope the parliament will approve this for the sake of an independent judiciary and justice. The hope is to reform the judiciary in this country,” Fahmy said.

Despite international and domestic criticism of the judiciary, President Abdulla Yameen has failed to respond to the issue. Yameen has said he left the subject out from his first presidential address due to the trust and respect he has for the judiciary.

Sex, corruption

The police formally launched an investigation against Hameedin July 2013 after still images of the sex tape began circulating on social media.

The police investigations consisted of two-parts, one concerning the content of the video and another regarding the use of the tapes to blackmail Hameed. At the time, the JSC voted not to suspend Hameed citing lack of evidence.

Soon afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women surfaced on social media.

In December 2013 the police stalled investigation claiming they were unable to ascertain the identity of the man in the sex tapes.

At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September. The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.

A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a vote.

The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.

“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the association said in a statement at the time.

In May, the police closed investigations and said it would only open the case if it receives new information.

In another leaked video , Hameed allegedly suggested he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010. However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.

A 2010 audit report of the Department of Judicial Administration reveals that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

The Supreme Court has dismissed allegations of corruption.

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Over MVR300,000 donated to Gaza Fund in two days

Over MVR300,000 (US$19,455) has been donated in the first two days to a “Gaza Fund” set up by the religious conservative Adhaalath Party (AP) to provide financial assistance to Palestinians affected by the ongoing Israeli aggression.

According to the party, a total of MVR317,364.60 and US$1,346 has been collected as of yesterday (July 19).

Fund boxes have been placed across the capital Malé in mosques and other locations, including the artificial beach and the tsunami memorial area, as well as in Vilimalé and Hulhumalé.

The fund was launched by Maldives national football team midfielder Mohamed Arif and former captain Assad Abdul Gani at a ceremony last week.

Adhaalath Party Spokesperson Imran Zahir said at the ceremony that 11 NGOs were participating in the fund raising activities while a bank account for donations would be set up at the Islamic Bank.

Zahir said donations would be counted in the presence of the media and that the proceeds would not be used for management purposes.

Meanwhile, the Qatari Red Crescent offered last Thursday (July 17) to ensure that the funds reach its intended recipients.

In a letter to AP President Sheikh Imran Abdulla, Qatar Red Crescent Secretary General Saleh Bin Ali Al-Muhanadi said that the humanitarian organisation could ensure that the funds reach the people of Gaza in the form of food and medicine.

The arrangements could be made through its extensive relief efforts in Gaza, he said.

“We note that we have had a very fruitful partnership with Adaalath Party in two previous projects; namely Gaza Fund and PK Fund, in which we channelled the funds that were raised in Maldives to the people of Gaza and Pakistan respectively,” the letter read.

In early 2009, 25 Maldivian charities raised US$100,000 for humanitarian projects in Gaza in the wake of an Israeli military offensive in December 2008.

The previous Gaza fund raised MVR1.2 million (US$100,834) between January 9 and February 8, 2009.

Last week, thousands of Maldivians joined a protest march in the capital against the Israeli offensive in Gaza.

Fund raising

Meanwhile, a heated exchange took place on social media last week between Islamic Minister Dr Mohamed Shaheem Ali Saeed and former President Mohamed Nasheed after the latter suggested that it would be “unwise” to donate to the AP fund while details of expenditure out of a “Mosque Fund” set up by the Islamic Ministry remained unclear.

Shaheem responded angrily claiming that details of expenditure were shared with the People’s Majlis and the media, implying that Nasheed had left the country to avoid participating in a rally by the opposition Maldivian Democratic Party (MDP) on July 12.

“Nasheed cannot tolerate any action against the Jews in Maldives,” the Islamic Minister tweeted.

In response, the opposition leader accused Shaheem of lying and explained that he had flown overseas on July 7 to seek “emergency” medical treatment for his wife in Singapore, three days before the MDP’s national council passed a resolution to hold a protest march.

MDP MP Eva Abdulla meanwhile tweeted, “[President Nasheed] is with his wife who just underwent a surgery. How much evil do you need to spread, in this holy month?”

According to figures publicised by the Islamic Ministry, a total of MVR21.5 million (US$1.3 million) was donated to the mosque fund, out of which and spent MVR14.9 million (US$966,278) as of July 2013.

The opposition party’s national council organised a protest march after Nasheed – currently the party’s acting president – called on “all human rights defenders” to raise their voices “against the indiscriminate killings in Gaza.”

In a tweet four days later, Nasheed referred to 12 Maldivians leaving for Ceylon to fight in the neighbouring country’s defence in 1943 and suggested that there was “no reason that an MNDF [Maldivian National Defence Force] brigade should not go in defence of Gaza.”

On Friday (July 18), Nasheed contended that the current administration could not “care for Gaza” and asked the MDP to take the initiative to organise “a human shield” for resistance in Gaza.

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President pardons former MP Abdulla Jabir

President Abdulla Yameen on Wednesday pardoned former opposition MP Abdulla Jabir who was serving a one-year jail term for refusal to provide urine.

The former Maldivian Democratic Party (MDP) MP and tourism tycoon was pardoned under powers granted to the president by the Clemency Act.

Jabir was arrested during a police raid on Hondaidhoo Island in November 2012. The police claimed they found large amounts of narcotics and drugs.

The ten individuals arrested from Hondaidhoo also include former MDP MP Hamid Abdul Ghafoor and former President Mohamed Nasheed’s Special Envoy Ibrahim Hussein Zaki.

Jabir claimed he had been tortured during the arrest and that the police did not follow due process in asking for a urine sample. But the Criminal Court said Jabir was unable to substantiate his case and sentenced him to one year in jail in February.

Subsequently, Jabir’s lawyers said the sentence “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives.”

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

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

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

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

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

“It is regrettable that the Judicial process that we are to respect and obey has shown such a blatant disregard for the principles of justice and the rule of law,” concluded the statement.

Political career
Jabir ran for the Kaashidhoo constituency from jail, but lost the election in March. He asked the High Court to invalidate the polls claiming his right to campaign had been restricted. But the court rejected the appeal.

In April, Jabir was temporarily released from jail for a period of three months to obtain medical treatment in Malaysia for respiratory difficulties. He was jailed on his return on July 10.

The prosecutor general also pressed charges against Jabir for alcohol and cannabis possession. But the Criminal Court in February acquitted him of cannabis charges in February and alcohol charges on July 10.

Hamid was also acquitted of alcohol possession on the same day.

Jabir was elected to the People’s Majlis on the Jumhooree Party (JP) ticket in a by election in 2012 after the former Kaashidhoo MP Ismail Abdul Hameed was sentenced to one year and six months of banishment for corruption.

He is well known for his frequent party defections. His first political party was Dhivehi Rayithunge Party during the presidency of Maumoon Abdul Gayoom in 2005. He switched to current President Abdulla Yameen’s People’s Alliance in 2007.

Jabir then defected to the JP ahead of the 2008 presidential elections, backing JP leader and business tycoon Gasim Ibrahim. Jabir was also appointed as the party’s deputy leader.

He subsequently switched to the MDP, holding senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

During the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed in early 2012, however, Jabir once again declared that he had defected from the MDP back to the JP.

Following his arrest and charges of alcohol possession in late 2012, Jabir became an open critic of the Waheed government, eventually reverting back to the MDP in December the same year.

The MDP’s disciplinary committee in January this year invalidated Jabir’s ticket for the Majlis election after he repeatedly breached the party’s whip by voting for President Yameen’s cabinet in December.

Jabir had won the ticket by default due to a lack of contenders.

However, an appeals committee overruled the decision stating that the disciplinary committee could only issue a warning, levy a fine, and suspend or revoke party membership.

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PPM MPs to vote Muhthaz for PG in defiance of party leader’s appeal

Progressive Party of Maldives (PPM) MPs have decided to vote for Criminal Court Judge Muhthaz Muhsin as the new Prosecutor General (PG) despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan told Minivan News today that 33 out of 38 MPs present at a parliamentary group meeting this afternoon voted in favour of Muhthaz.

Nihan – parliamentary group leader of the PPM – also confirmed that a three-line whip has been issued for all 43 PPM MPs to vote for Muhthaz’s approval to the vacant PG post.

The decision comes after PPM Leader Gayoom sent a letter yesterday – subsequently leaked on social media – appealing for the party’s MPs to vote for Maumoon Hameed, son of former Atolls Minister Abdulla Hameed.

Gayoom noted that President Abdulla Yameen had declared at a PPM rally that he wished to appoint Maumoon Hameed to the post and that the president had “sent a message through the PPM’s official viber group” requesting the party’s MPs to vote for the lawyer.

Vetting process

Following a vetting process, parliament’s independent institutions oversight committee had rejected both of President Yameen’s nominees last week.

While a minimum score of 75 marks was required for the committee to recommend a nominee for approval, Hameed received 33 percent and Muhthaz received 67 percent.

The committee’s evaluation report has been tabled in the agenda for debate at Monday’s sitting of parliament, after which the nominees will be put to a vote.

Meanwhile, Gayoom sent a letter to MP Nihan – also leaked on social media (page one and two) – last week demanding an explanation of the PPM-majority committee’s decision.

The oversight committee – chaired by PPM MP Ali Saleem – is comprised of five PPM members, one MP from coalition partner Maldivian Development Alliance (MDA), three opposition Maldivian Democratic Party (MDP) MPs and two Jumhooree Party (JP) MPs.

In his letter, Gayoom contended that a committee meeting held on July 10 where the nominees were interviewed – where the chair had “acted arbitrarily” – was conducted in violation of parliamentary rules of procedure.

Gayoom said he had learned that the nominees were summoned without a vote by members and that an assessment criteria had not been passed prior to the interviews.

Moreover, he added, the marks sheets were not tallied in the presence of committee members.

Gayoom also argued that a sitting judge could not stand for the post of PG, citing article 151 of the constitution – which requires judges to “devote his full time to the performance of the responsibilities of a judge” – and a “legal norm” whereby judges who leave the bench must wait two years before practicing law.

While article 26(a) of the Judges Act stipulates that a judge who stands for a political post specified in law or the constitution would no longer be a judge, Gayoom noted that Muhthaz had not done so.

However, the Judicial Service Commission (JSC) has since said that judges could apply for posts in independent institutions.

Vacant PG post

Meanwhile, following the PPM parliamentary group’s decision today, MDP MP Rozaina Adam tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

She also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including PG Leader Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw Hameed fail to garner the required 39 votes after falling just three votes short.

According to article 221 of the constitution, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

A majority in the 18th Majlis is 43 seats. In addition to its 43 MPs, the PPM’s coalition partner MDA has five MPs. The minority party announced today that its MPs would also vote for Muhthaz.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

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