Category: Politics

Supreme Court declares Hulhumale Magistrate Court legitimate

The Supreme Court on Wednesday declared that the controversial Hulhumale Magistrate Court was legitimate and could operate as a court of law.

The decision has ramifications for the trial of former President Mohamed Nasheed, who is facing charges of illegally detaining Chief Criminal Court Judge Abdulla Mohamed during his final days in office. Nasheed and his party disputed the legitimacy of the Hulhumale Magistrate Court, which was formed by the Judicial Services Commission (JSC) and which appointed the panel of judges hearing Nasheed’s case. The JSC includes two of Nasheed’s direct political opponents.

Out of the seven member Supreme Court bench, four judges ruled in favor of the court’s legitimacy while three judges including the Chief Justice had opposed it. The other two judges were Judge Abdulla Areef and Judge Mu’uthazim Adnan.

The four judges who ruled in favor of the court were Judge Abdulla Saeed, Judge Ali Hameed Abdulla, Judge, Judicial Service Commission (JSC) President Adam Mohamed Abdulla and Judge Dr Ahmed Abdulla Didi.

The Supreme Court majority ruling stated that despite Hulhumale being mentioned as part of capital Male’ City in the Decentralisation Act, Hulhumale was an “island” with a large population and therefore, having no division of a superior court on that island and if not for the presence of Hulhumale Magistrate Court, its inhabitants would have to travel to another island in order to get justice. Therefore it declared Hulhumale Magistrate Court as legitimate.

Supreme Court also declared that Hulhumale’ is a separate island in Male’ division, even though the law recognises Hulhumale as a part of Male’ City.

The three dissenting judges, having taken different legal arguments, mutually agreed that Hulhumale’ Magistrate Court could not be legally established.

All three judges had unanimously agreed that courts should be established through legislation and that the Hulhumale Magistrate Court was not established in accordance with the Judicature Act.

The case was filed by the Judicial Service Commission (JSC) and the respondent of the case was decided as lawyer Ismail Wisham.

Former President Mohamed Nasheed’s legal team also sought to intervene in the court case. Nasheed’s lawyers stated that the case involved the interests of the former president as his case regarding the detention of the Chief Judge of Criminal Court Abdulla Mohamed is being looked by Hulhumale’ Magistrate Court.

Disregard to principle of bias

During the first hearings, the former Attorney General Husnu al Suood, who was representing the respondent raised procedural points whereby he argued that Supreme Court Judge Adam Mohamed Abdulla could not sit on the bench since he was also the President of the JSC, which therefore amounted to “presumption of bias”.

However, the Supreme Court rejected the procedural points.

Following today’s decision, Suood in a tweet described the decision as a “case of actual bias” with regard to his previous arguments in court.

“A case of actual bias because JSC would [have] lost the case without the vote of JSC president: 3 for 3 against, casting vote by JSC [president]” – Husnu Al Suood tweeted

Meanwhile, MDP MP and Lawyer Imthiyaz ‘Inthi’ Fahmy criticised the Supreme Court decision and echoed similar sentiments.

“The suspect sitting on [Supreme Court] bench today killed and buried in Maldives the very basis for the rule against bias! That’s solid murder!” he tweeted.

Arguments

During the hearing, the respondents argued that according to the existing law, there were no legal basis to support the legal existence of Hulhumale’ Magistrate Court, which had been formed in contradiction to the constitution and the Judicature Act article 53.

Judicature Act Article 53(e) states that if four divisions of the four superior courts are established in one island, then “the magistrate court of that island will be abolished. And if a division from among the four courts is established in an island, matters that fall within the jurisdiction of the relevant court shall be carried out by the relevant division and not by the magistrate court.”

The respondent’s lawyer claimed that with reference to the constitution and the Decentralisation Act, it was clear that Hulhumale’ and Villimale are now considered as a part of Male’ even though they are geographically two islands, therefore a magistrate court cannot be set up in any of the islands which under the law are now considered wards.

The intervening Nasheed’s lawyers also echoed the remarks on the case. Nasheed’s lawyers requested a period of three days to research the documents – which they claimed to have only received just a few minutes before the hearing – but were denied the opportunity.

The JSC lawyers who filed the case argued that Hulhumale’ and Villimale were only considered as a part of Male’ for administrative purposes and that this argument did not have any legal basis. Therefore, they stated, Hulhumale’ should be “judicially” considered a separate island.

The lawyers also claimed that the court was set up with the intention of providing easy access to justice for the people of Hulhumale. They also claimed that according to the Judicature Act article 66, each island must have a magistrate court and that prior to the passing of the Act, the court had been functioning as an island court.

The artice 66 states – “A Magistrate Court shall be established in all inhabited islands with the exception of Male’ where there are the four superior courts created in accordance with Article 53(b) of this Act and in an island where four divisions of these four superior courts are established in accordance with Article 53 (c) of this Act.”

Responding to the claims of the JSC, the respondents stated that based on the documents presented to the court, the Hulhumale court was formed to function as a section of Civil Court and Family Court prior to the passing of the Judicature Act.

The added that only island courts were to be declared as magistrate courts according to the judicature act and since Hulhumale Court was a section of the superior courts, it cannot be declared as a magistrate court according to the Judicature Act.

No one should meddle with the courts: Supreme Court

The Supreme Court decision on the matter is followed by its previous order invalidating the decision of Parliament’s Independent Institutions Oversight Committee to not recognise the legitimacy of the Hulhumale’ Magistrate Court.

In the order, the Supreme Court ordered not to meddle with the business of the courts by other institutions of the state stating that the country’s constitutional system broadly entertained the principle of separation of powers, no one power of the state can go beyond the limits set out in the constitution.

“According to articles 5, 6 and 7 of the constitution that came to force on 7 August 2008, the Maldivian constitutional system has explicitly set out that the executive power, legislative power and the judicial power is independent from one another and the boundaries of each power being clearly set out, it is unconstitutional for one power of the state to go beyond its constitutional boundaries as stated in article 8 of the constitution,” read the order.

The Supreme Court also in its order maintained that as per the constitution, the judicial power of the state was the sole constitutional authority in settling legal disputes between the institutions of the state or private parties.

“The judiciary established under the constitution is an independent and impartial institution and that all public institutions shall protect and uphold this independence and impartiality and therefore no institution shall interfere or influence the functioning of the courts,” it added.

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President Waheed requests parliamentary approval for loans of over US$96 million

Parliament has begun debate on the MVR 16.9 billion (US$1 billion) state budget for 2013 submitted by Finance Minister Abdulla Jihad last week.

At the beginning of Tuesday’s sitting, Speaker Abdulla Shahid read out a letter from President Dr Mohamed Waheed Hassan Manik requesting parliamentary approval for loans and government guarantees in the coming year.

Parliamentary approval for loans is required under amendments brought to the Public Finance Act in 2010.

Speaker Shahid announced that the President’s request was sent to parliament’s Finance Committee for consideration and review.

Minivan News understands President Waheed requested parliamentary approval for loans amounting to over US$96 million.

Presenting the budget to parliament last week, Finance Minister Jihad explained that next year’s budget deficit was to be financed with MVR 971 million (US$62 million) as budget support and MVR 1.3 billion (US$84 million) from Treasury bill (T-bill) sales.

Of the MVR 971 million estimated as budget support, MVR 671 million (US$43 million) was expected as foreign loan assistance, Jihad said, with the rest to be made up from “domestic finance.”

Jihad told parliament’s budget committee on Sunday that a large number of T-bills were sold to Champa Brothers – at an interest rate of about eight percent – when the Maldives Monetary Authority commenced sales to private parties in August this year.

Sun Online reported that Champa Brothers purchased T-bills worth US$11 million.

MMA T-bills of maturity dates of 28 days are sold at 7.73 percent interest, 91 days at 7.70 percent interest, 182 days at 7.55 percent interest, and 364 days at 7.70 percent interest.

Budget debate

Speaker Shahid announced that the debate would take place from 9:00am to 5:00pm with intervals until Thursday.

During Tuesday’s debate – which proceeded haltingly due to frequent loss of quorum – most MPs complained of the lack of funds allocated for development projects in their constituencies, such as harbours, water and sanitation systems, additional classrooms and upgrades to health centres.

In his budget speech (Dhivehi) last week, Jihad revealed that the public sector investment programme (PSIP) for 2013 included construction and repairs of harbours in 14 islands, establishing sewerage systems in 11 islands, water systems in three islands, 1,500 housing units in eight islands, 21 new mosques and upgrading the regional hospitals in Kulhudhufushi and Addu City to tertiary level.

Jihad said MVR 3.1 billion (US$201 million) was earmarked for the PSIP, with MVR 1.5 billion (US$97 million) from the state budget, MVR 21 million (US$1.3 million) from domestic loans, MVR 1.2 billion (US$77 million) as foreign loans and MVR347.6 million (US$22.5 million) as free aid.

Speaking first during Tuesday’s debate, MP Ali Waheed of the formerly ruling Maldivian Democratic Party (MDP) said there were no funds or projects in the budget for his constituency or the neighbouring island of Mahibadhoo in Alif Dhaal atoll.

The MDP parliamentary group deputy leader insisted that the government should continue implementing the former ruling party’s manifesto.

Government-aligned Dhivehi Rayyithunge Party (DRP) MP for Kelaa, Dr Abdulla Mausoom, expressed concern with taking more loans to finance the budget deficit while the public debt was expected to reach MVR 31 billion (US$2 billion) in 2013 – 82 percent of GDP.

Considering the high levels of debt, Dr Mausoom observed that his each of his constituents in Kelaa in the northernmost atoll of the Maldives “are indebted by MVR 85,000 (US$5510)”.

As a consequence of “unequal development of the country,” said Mausoom, there was no sewerage in the islands of Kelaa and Filladhoo.

The DRP MP criticised the administrations of both Presidents Maumoon Abdul Gayoom and Mohamed Nasheed for running up huge deficits and public debts, claiming that public debt “shot up like a rocket” during the three-year rule of the latter.

DRP MP for Kanditheemu, Mohamed Hussain, meanwhile protested over zero funds allocated for the island of Goidhoo in Shaviyani Atoll, part of his constituency.

The MP contended that smaller islands were neglected during formulation of the budget. He added that details of what was needed for the islands were shared with both President Waheed and Finance Minister Jihad prior to the drafting of the budget.

While he did not propose expenditure of more than half a million for the three smallest islands in Shaviyani Atoll, there was “a blank space next to Goidhoo” in the budget.

Local media reported that islanders of Goidhoo launched protests this week over the lack of funds allocated for development of the island.

Independent MP for Vaavu Atoll Velidhoo, Ali Mohamed, said his constituents in Foddhoo have been protesting at the island council for the past five days because the island’s pier was “crumbling” and damaged beyond use.

MDP MP for Ihavandhoo in Haa Alif atoll, Ahmed Abdulla, objected to infrastructure projects for the constituency approved in the budget for 2012 having come to a standstill.

MP Ahmed Abdulla claimed that MVR 10 million from a MVR 70 million loan from the Bank of Maldives had been disbursed but a planned sewerage project for Ihavandhoo did not commence this year.

Meanwhile, at the beginning of today’s sitting, Speaker Shahid said MPs should be “ashamed and embarrassed” that debate was only able to continue yesterday for two and a half hours out of six hours allotted in the agenda.

Yesterday’s debate was frequently interrupted by loss of quorum and was eventually cancelled around 4:00pm. At least 20 MPs are required to be in the chamber for sittings to proceed.

Shahid appealed for cooperation to let all MPs speak before the conclusion of the budget debate on Thursday.

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Afrasheem’s murder was well planned, worth MVR 4 million, claims Police Commissioner

Commissioner of Police Abdulla Riyaz has claimed that the murder of MP for Ungoofaaru constituency Dr Afrasheem Ali was a well planned murder worth MVR 4 million (US$260,000).

In a press conference held on Tuesday to brief the media about the high profile murder case, Riyaz stated that the new revelations came made amidst several difficult challenges for police investigators.

The commissioner claimed that the investigation team included consultants from the Federal Bureau of Investigation (FBI) and 80 police officers including forensic, multimedia and legal experts. He added that this was the first case that had been worked on by such a large criminal investigation team.

In a presentation shown during the press conference, Riyaz claimed that 11 suspects were initially arrested, however three had now been released. He added that about 200 items had been analysed as evidence, including forensic and digital evidence, which he claimed was enough to prosecute the prime suspects.

“Over 500 hours of CCTV footage have been analysed, more than a hundred people have been interviewed and about 13,000 phone call recordings have been analysed out of which 12,000 were from one single tower,” Riyaz said.

Afrasheem’s movements right before the murder

The commissioner claimed that Afrasheem was last seen alive inside the premises of the state broadcaster, Television Maldives (TVM). The presentation suggested that Afrasheem was seen leaving the premises in his car around 11:04pm, according to the nearby CCTV camera footage.

Afrasheem left the station after participating in a religious TV program called “Islamee Dhiriulhun” (Islamic Life), with Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

In his last words, aired on the show, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance and disputed that there was any religious motivation in the death of the moderate scholar.

Photo snaps taken from several CCTV cameras suggested that he had passed the Maldives Ports Limited (MPL) building, the Bank of Maldives (BML) building and Raalhugandu Area, all of which are located in the outermost road of Male, Boduthakurufaanu Magu, police claimed.

Afrasheem had parked his car just a few metres from his residence and had entered it at about approximately 12:04am, police said. The murder occurred just a few minutes later, police alleged.

Afrasheem’s body was discovered by his wife at the bottom of the stairs of their apartment building shortly after midnight.

According to the presentation, the first few police officers arrived at the scene at about 1:30am, exactly one and a half hour later. A second police jeep arrived soon afterwards.

Riyaz stated that following the report of the incident, all police officers patrolling in the capital were brought to alert and were ordered to focus on finding anyone that was acting suspiciously.

Minivan News journalists on the night of the incident observed that police officers in Specialist Operations (SO) uniform entering several coffee shops including Sea House Café’, however no one was seen being arrested.

The Police Commissioner claimed that the first suspect was arrested at 1:55am, just 20 minutes after the incident was reported.

Police also revealed the identities of two suspects arrested in connection with the murder case: Hussen Humaam Ahmed and Ali Shaan, while a 17 year-old minor was also arrested on suspicion of assisting the murder.

Commissioner Riyaz expressed confidence in prosecuting the suspects stating that the police had “enough evidence” to prove all of them guilty. He added that the cases of the suspects would be sent to the Prosecutor General (PG)’s office by the end of this week.

“Political motive behind the murder” – Commissioner of Police

Commissioner of Police alleged that sum of MVR 4 million (US$260,000) was to be paid for the murder of the MP, which he alleged involved a political motive.

“This is an act of terrorism and the people behind this are politicians,” Riyaz claimed.

He alleged that two suspects had been arrested for supposedly financing of the murder, but declined to reveal their identities claiming that the investigation was still ongoing.

He also said that  police had concluded the first part of the investigation which involved identifying who had been directly involved in murdering the MP, and how it was carried out.

“We have been able to establish who did this. We have been able to establish how this happened. The next thing is to find out who was behind this,” he said.

The commissioner also dismissed the rumours that the murder was linked to religious fundamentalists, stating “no evidence has been gathered suggesting that this murder was carried out for a religious motive.”

He further claimed that the findings of the investigation were based on fact and solid evidence and not were intended to create political leverage against the political rivals of President Mohamed Waheed Hassan.

Riyaz claimed that the prime suspects involved in the murder were from a local gang named ‘Kuda Henveiru’ (Little Henveiru-ward), whose members had previously been involved in several criminal activities.

“The findings reveal that a dangerous trend of ‘killing for money’ is growing within our society. I call upon businessmen and politicians to not to pay money to young people to conduct criminal activities for their benefit,” he said.

Riyaz added that new cases of criminal activities were being revealed through the investigation and that such cases would be dealt with firmly.

Despite repeated questions from journalists as to what the “political motive” involved, Riyaz at first responded stating that he could not go into the details of the case, but later said that police were able comprehend a picture out of its findings but said this needed to be “verified”.

“Zero tolerance”

Riyaz called on parliament members to not to hesitate in giving more powers to the police and said that such vast powers were required to curb growing criminal activities within Maldivian society.

“I know that members of the parliament are hesitant to grant more powers to the police because of the political views they hold. But we need stricter laws to stop such acts from happening. Hesitance to grant more powers isn’t a solution for police discrepancies. Powers should be granted and at the same time they can establish a proper accountability mechanism,” he said.

The commissioner said that police would have “zero tolerance” towards criminals and would utilise all powers and resources at hand in preventing crimes.

“That means, we will not allow a drunkard to freely wander around the street. Police officers will question suspicious people on the road and they have been given the order to stop and search anyone who they feel is suspected of  being a criminal or carrying out a crime,” he said.

He added that special measures have been taken and orders have been given to SO officers to do “crime patrolling” throughout the capital city 24 hours a day.

Riyaz also expressed concern over former President Mohamed Nasheed’s latest remarks in which the Maldivian Democratic Party (MDP) presidential candidate suggested that Afrasheem’s were foreigners and had fled the country after committing the crime.

“We have no evidence that suggesting the murder was carried out by foreigners. It is really concerning when such remarks are made for political gain,” Riyaz said.

High profile murder

MP Afrasheem was brutally stabbed to death on the night of October 1, outside his home.

Local media reports suggested that the MP was stabbed four times in the back of the head and a chunk of his skull was missing, and that he also suffered stab wounds to the chest and neck. The MP was rushed to ADK hospital where he was pronounced dead.

He was buried shortly before 5:00pm the following day at the Asahara cemetery in Male’.

Thousands gathered for the funeral prayers which took place in the Islamic Centre. The prayers were led by former President and leader of Afrasheem’s party, Maumoon Abdul Gayoom.

Initially, four suspects were arrested by police in connection to the murder and the Criminal Court extended the detention period of the arrestees by an additional 15 days.

However, a female suspect arrested – Maldivian Democratic Party (MDP) activist Mariyam Naifa – was given a conditional release on October 21 while the detention of the remaining two suspects were extended for another 15 days.

Another suspect was also arrested later in November, after police claimed he was wearing the same coloured shirt as someone caught on CCTV footage near the area where Afrasheem was murdered.

Dr Afrasheem was elected to parliament in 2009 as a member of the then-opposition Dhivehi Rayithunge Party (DRP). Following the opposition’s split, Afrasheem sided with the Progressive Party of the Maldives (PPM) of former President Maumoon Abdul Gayoom, and faded into the political background.

Widely considered an Islamic moderate, Dr Afrasheem took outspoken and controversial positions on issues such as the permissibility of playing music, and praying next to the deceased.

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GMR disputes government’s claims to international media that it had agreed to vacate airport

Indian infrastructure giant GMR has said it “categorically refutes” claims made by the government to international media today that it had agreed to vacate Ibrahim Nasir International Airport (INIA).

The government yesterday dismissed an injunction on GMR’s seven day eviction notice granted by the High Court of Singapore, and vowed that the airport would be run by the state-owned Maldives Airport Company Limited (MACL) by December 7.

A Finance Ministry official said on condition of anonymity that GMR had agreed to vacate following “informal communication.”

“It’s unofficial. They are even selling off their items at a cheaper price. They have given 40-60 percent discounts. They are selling off whatever they can sell off from here including iron bars, concrete, and cement. So I think there won’t be any confrontation or any such nature. All the department heads and senior staff will start working for the Maldives Airports Company Limited MACL from December 7,” the official claimed. “Even though they maintain in public they are not going to vacate, they are going to vacate.”

President’s Office Spokesperson Masood Imad meanwhile told reporters that “Whatever the financial implications on their investments, we have already filed a case in Singapore court for arbitration. We will pay the compensation, what we have to pay.”

However CEO of GMR Male International Airport Limited (GMIAL), Andrew Harrison, said that while GMR had met with a delegation from the government at 11:45am this morning, “we did not agree nor state our willingness to hand over Male’ airport.”

Harrison told Minivan News that he had been advised by a Maldives National Defence Force (MNDF) Colonel at 11:03am that Defence Minister and Acting Transport Minister Mohamed Nazim wished to meet him personally.

“The meeting was attended by the Acting Transport Minister, the Chairman of the Maldives Civil Aviation Authority, our lawyer in the Maldives and three members of the MNDF,” Harrison said, in an emailed account of the meeting.

“The meeting was cordial and the Acting Transport Minister outlined the following: that MACL would be operating the airport from Saturday morning in line with the Government of Maldives communication to GMR-MAHB; that the Minister would like a smooth transition as the airport operations should not be affected or suffer in any way; that passengers should not be inconvenienced and therefore all activities including Duty Free would be allowed to continue as is.”

According to Harrison, Nazim informed GMR that “According to their legal advisors the injunction issued by Singapore High Court does not prevent them from taking over the airport and the injunction cannot be applied to a sovereign state.”

Nazim had furthermore proposed offering “100 percent employment in MACL to all staff currently working for GMIAL and an announcement to that effect made tomorrow by the MACL Board .The offer includes both local and foreign staff at their existing terms and conditions including salary,” Harrison stated.

“Our position, which I communicated to them, remains crystal clear. The Singapore High Court has issued an injunction which clearly prevents MACL or the Government of Maldives or any of its agents from taking any action that interferes with GMIAL operating the airport. The injunction clearly prevents them from taking the action outlined in their notice issued to us stating that the airport would be taken over at the end of the seven day period. We remain resolute in our position and there is no question of an offer being made and certainly no question of any alleged offer being accepted as we will simply not agree to our rights nor the injunction being undermined in any way.”

GMR’s lawyer had advised that the injunction was to be was to be honoured “as their representatives and the Attorney General [Azima Shukoor] were party to those proceedings and were present during the proceedings in the Singapore High Court.”

“Further to this we have issued a communication to their lawyers to confirm that their client (MACL/GoM) will not ignore the injunction and outlining the consequences as well as the disturbing media reports that they will ignore the injunction and take over the airport as planned,” Harrison stated.

Nazim had explained that “as he was not a legal person” he would arrange for a legal team to meet GMR’s representatives tomorrow, and pledged to “maintain dialogue”, Harrison said.

“We will always maintain dialogue but our legal position is very clear and we will not compromise on our legal position which is clearly supported by the injunction.”

Moreover, “any version of the meeting being described any differently to my response is categorically untrue and we maintain that we have been granted the right to continue operating the airport in line with the injunction. There is and has never been any change in our position.”

Harrison added that Nazim had also said that “no force used to take over the airport” and that “media reports that the MNDF would take over the airport are untrue.”

Claims that the company was discounting were true – “in the duty free shop”.

“We have a 40 percent sale in duty free because we are trying to minimise our stock holding,” said Harrison. “It is delighting passengers. But I can categorically state we have no intention of going anywhere.”

Indian industry groups back GMR

The 400,000-member Associated Chambers of Commerce and Industry of India (ASSOCHAM) has meanwhile issued a statement today in support of GMR, warning that “the attitude of Male’ Government, despite the rulings of Singapore High Court, will shake the confidence of the investors and will jeopardise the spirit behind the cooperation of the SAARC nations.”

The industry group appealed to the government to respecting the Singapore judgement, and said it “conveys its displeasure against any unilateral termination of economic agreements, that will be determent to the growth of the nations and might even sow seeds of suspicion amongst the potential investors in all times to come.”

A second industry group, the Confederation of Indian Industry (CII), also issued a statement in support of GMR.

“It is extremely important for all the concerned parties to respect the sanctity of the concession agreement and abide by the provisions provided therein to resolve any dispute within the stipulated legal framework”, said the CII’s Director General, Chandrajit Banerjee.

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DRP plays down warnings of political violence, but concerned over parliamentary “climate of fear”

The government-aligned Dhivehi Rayyithunge Party (DRP) has claimed that “bullying” by front-line activists of its coalition partners has created a “climate of fear” not conducive to holding “free and fair” votes in the People’s Majlis on key upcoming matters.

Speaking to Minvain News, DRP Deputy Leader Ibrahim Shareef stopped short of backing claims by the opposition Maldivian Democratic Party (MDP) concerning “threats of political violence against their lives and property by rivals”, believing the government was not directly involved in such acts.

However, Shareef claimed that rhetoric by front-line supporters of fellow government-aligned supporters like the Progressive Party of Maldives (PPM) had affected its decision yesterday to support a secret vote for a no confidence motion against President Dr Mohamed Waheed Hassan.

Other senior government figures are also set to face no-confidence motions in the next few weeks, including present Home Minister Dr Mohamed Jameel Ahmed, who today dismissed the MDP’s allegations as a politically motivated attempt to try and “paralyse” the running of the government.

“Such allegations are purely politically motivated and [serve] to cover up [the MDP’s] efforts to bring government to a halt. I do not believe that [the MP’s] allegation have anything to do with a threat of violence, rather, some members assert it as a cover up to hide their attempt to paralyse government,” he told Minivan News by SMS. “The state has already offered security to all members of the parliament.”

The MDP’s parliamentary group visited the Indian High Commission in Male’ yesterday to register concerns over alleged political violence facing MPs. The visit was made of ahead of its attempts to pursue no confidence motions against President Waheed and his deputy, Mohamed Waheed Deen.

Parliament voted yesterday 41-34 to approve amendments to the parliamentary rules of procedure to conduct no-confidence votes to impeach the President and remove cabinet members through secret ballot.  The vote passed after a similar proposition was narrowly defeated 39-34  last month.

Meeting with Indian high Commissioner D M Mulay yesterday, the MDP said it had been given assurances that its concerns of MPs facing violence towards themselves and their property had been forwarded to the Indian government.

India is itself presently involved in a diplomatic dispute with the Maldives over the government’s decision to terminate an US$511m contract signed with India-based Infrastructure group and reclaim the site despite an injunction from the High Court of Singapore.

“Prior to the motion to make the ballot for confidence motions secret, leaders of alleged usurper President Waheed’s political supporters, including fundamentalist Islamists with extremist intentions, had made a number of threats against MPs who would dare vote against the alleged usurper government,” the MDP claimed in a statement.

“In this regard, Adhaalath Party President Sheikh Imran Abdulla threatened physical force against MPs publicly saying that they would ‘chase and pursue MPs on the roads’.“

Registering its concerns with the Indian High Commission, the party alleged that MPs had also been targeted with violent acts including “baton beatings” and “surprise raids of their privacy”.

The MDP also raised the issue of the murder of PPM MP Dr Afraasheem Ali, who it claimed had allegedly been murdered for his “moderate religious views” and been previously threatened the government-aligned Adhalaath Party.

However, investigations are continuing into Dr Afrasheems death, with police having not yet officially confirmed any motive behind the murder.

The Maldives Police Service today refused to comment on media reports concerning the arrest of Abdulla Jaavid, son in law of MDP Chairperson Reeko Moosa Manik, in connection with the investigations into Dr Afrasheem’s murder.

Police Spokesperson Sub Inspector Hassan Haneef said he had no comment on the matter, adding that police were holding a press conference this afternoon.

Responding to the MDP’s allegations about increased political violence against MPs, DRP Deputy Ibrahim Shareef said that there was a large amount of “confusion” within the political arena at the moment. However, Shareef said he did not believe the government of President Waheed was directly attempting to “bully” MPs over how they chose to vote on key issues.

“I do not believe President Waheed or his government has such a plan,” he claimed. “There are of course threats of violence taking place on the streets right now.”

Shareef criticised both the MDP and PPM – the majority and minority representatives in parliament – for what he alleged were their use of tactics such as “activist” methods and violence to try and influence MP voting.

“We are a new democracy and people seem to believe that violence is part of the democratic way, they simply don’t believe they are acting in an unusual way,” he claimed.

Shareef maintained that recent rhetoric from some government-aligned parties towards parliament was tantamount to bullying, which he said had been the reason behind the party’s decision to encourage its MP to back a secret ballot against removing the president from office.

“Right now, we are under tremendous pressure and have sacrificed a lot. Under this bullying, parliament cannot conduct a free and fair vote, “ he claimed, pointing to rhetoric from some members of the PPM and other parties regarding parliament’s conduct and voting.

“Distrust”

Shareef also slammed the partisan nature of media in the Maldives for furthering to create distrust among the public over the work of MPs and “poisoning” the atmosphere in parliament.

Despite supporting the push for secret voting, Shareef said he hoped such votes would not become the normal course of procedure for parliament.

“[Secret ballots] should not be the norm, but in the current climate of fear we are seeing, this is an emergency situation,” he said. “We would of course prefer open votes, and I hope that [secret ballots] are only a temporary measure.”

Parliamentary Speaker Abdulla Shahid, PA MP Ahmed Nazim, and PPM MP and Spokesperson Ahmed Mahlouf were not responding to calls at time of press.

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Supreme Court invalidates anti-defection clause in Decentralisation Act

The Supreme Court has on Tuesday invalidated clause 119(e) of the Decentralization Act, which had prevented a councilor from switching political parties after he was elected.

The clause was brought into force following an amendment proposed to the Act on January 2011.

The Supreme Court’s seven-member bench held that the concerned clause contradicted the articles 30(a) and 26(c) of the constitution.

The case was filed by Independent MP and lawyer Ibrahim Riza and Lawyer Ahmed Shaheem who argued that the clause was unconstitutional. Jumhoree Party (JP) Youth Wing Leader Moosa Anwar also intervened in the case.

The article 119(b) of the Decentralisation Act states: “Those elected under a ticket from a political party shall lose his seat if he leaves or he is removed from the party he was when elected.”

The new verdict by the Supreme Court will mean that councilors can now switch from party to party without losing their seat.

Former President Mohamed Nasheed ratified the act on May 2010 but rejected a complementary bill on local council elections.

Nasheed at the time said that his then Attorney General (AG) Husnu Suood advised the president’s office that although the decentralization bill would not hamper the implementation of government policies, some provisions were “legally questionable.”

“If the bill becomes law, both the attorney general and this office has noted that there could be legal problems in enforcing it without amendments,” he told the press.

He echoed similar sentiments on the bill in his weekly radio address at the time where he stated that he would sign the bill into law despite misgivings as any further delays would do “more harm than good”.

“I hope that after I ratify this bill, amendments will be made as soon as possible, within the present framework, to change the provisions where these conflicts could arise,” he said at the time.

Although then opposition Dhivehi Rayyithunge Party (DRP) removed the Maldivian Democratic Party (MDP)’s concept of provinces from the government’s bill, Nasheed said the Act did not prohibit the creation of province as it stipulates that new legislation would be needed to form “province councils.”

Despite opposition from MPs in opposition claiming that grouping atolls into seven provinces was unconstitutional as 21 administrative areas or atolls were clearly specified in the constitution, Nasheed later established provinces in an administrative level.

The bill was subjected to several amendments and court cases.

Last August, the Supreme Court ruled that provisions of the Decentralisation Act were not in conflict with the constitution.

In March 2011, former State Minister for Home Affairs Mohamed ‘Monaza’ Naeem filed a case at the apex court arguing that some provisions of the Act contradicted the unitary nature of the Maldivian state as laid out in the constitution, and requested the conflicting articles be struck down.

Naeem had argued that the Local Government Authority (LGA) created by the Decentralisation Act was not answerable to any government minister while article 140 of the constitution states – “A member of the cabinet shall be given responsibility for each authority or institute established by the government or the People’s Majlis, except for independent institutions specified in this constitution or established pursuant law. Such member of the cabinet must take responsibility for the operation of such authority or institution and must be accountable for it.”

Previously, several councilors lost their seats following removal from their respective political parties.

In March this year, Noonu atoll Maafaru Island Councilor Anwar Abdul Ghanee lost his seat after he was removed from his party Maldivian Democratic Party (MDP) but contested the by-elections with Progressive Party of Maldives (PPM) ticket, winning the seat.

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No official response from PIC over bystander’s death, authorities “elusive and slow”, says widow

Leaked CCTV footage which has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17 has been making rapid rounds on social media.

The family of the victim in September raised the matter with the Police Integrity Commission (PIC), stating: “the ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle.”

Ibrahim’s widow Naseema Khaleel told Minivan News on Monday that she had received no official response from the PIC to her letter.

“I call the PIC now and then and ask about it. They first said they’ve asked the police for the relevant footage, then later said they had received it. The standard answer since then has been that they are looking into the matter,” Khaleel said.

“The police call every now and then. They called a few days back to ask for the motorcycle registration and bills. They too say they are investigating the case. I do want to take the matter to court. Right now I’m waiting to see if we get a response from PIC,” Khaleel explained. “What else can we do?”

Khaleel stays home taking care of the couple’s two children, and said she has faced much hardship following her husband’s death.

“No state bodies or anyone else have extended any sort of support. My brothers and family help as much as they can. The younger child is seven and I, too, wish to provide for my children, for their education and school activities. But it is hard now,” she said.

Khaleel said she had approached the police after the incident, asking for assistance in taking her husband abroad for emergency medical care, but to no avail.

“I did approach the police to ask for help, but did not get any assistance from them. We had bury him in Sri Lanka in the end. I was not even given the police records, which further complicated things there. Had I gotten at least cooperation from the police, things would not have been as difficult as they were,” she said.

Khaleel said that although the Aasandha health insurance scheme helped with the medical costs, the graveness of the situation called for her and other close family members to travel with Ibrahim. She said the family had not received any assistance even in this instance.

“I am not trying to blame the police or any other persons involved. But even the police have said that Gasim had no fault in this, that he was just an innocent bystander. Then someone needs to take responsibility,” Khaleel said.

“I don’t know what else we can do. They are elusive and very slow, which is why we keep calling back. All I want is justice,” Khaleel told Minivan News.

Investigation almost concluded: PIC

PIC Director General Fathimath Sarira confirmed the PIC had received the letter, and that the investigation was now nearing the point of conclusion.

She also confirmed that the PIC had previously received the leaked footage and that it was part of the ongoing investigation.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Asked if police had in accordance with the above article notified PIC of the incident, Sarira replied, “Police has notified the commission about the accident over a phone call. Although, when we first heard of the case, it was only said that a speeding motorcycle had collided with a parked one and led to a death. But then later, we got the footage too.”

Asked for clarification on what actions the commission would take if police were found to have failed to notify the commission as required, Sarira responded that police usually did keep the PIC informed and that she could not recall any recent incidents to refer back to.

“We will be concluding this investigation very soon and can then provide more details,” she said.

Meanwhile, Vice President of the Human Rights Commission of the Maldives (HRCM) Ahmed Tholal stated that they had only become aware of the incident after the leaked video went viral on social media.

“We have today started discussions on the matter in the commission meeting. Only after the commission members conclude discussions can we provide details on how we will proceed to act on this matter,” he said.

“Police Commissioner Riyaz must take responsibility”

Former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) have meanwhile released statements condemning the cover-up of the incident, and calling for Police Commissioner Abdulla Riyaz to take responsibility for the incident.

“I am shocked and appalled by the leaked video, which appears to show a policeman hitting a motorcyclist in the head with a baton, which led to the death of an innocent bystander,” said Nasheed.

“Under [President Mohamed] Waheed’s administration, we are seeing a return to the thuggish brutality of Maldives’ authoritarian past. I implore the international community to pressure the Waheed government to immediately and impartially investigate this case, to bring human rights abusers in the security forces to book, to cease its harassment of opposition members, and hold early elections so democracy can be restored.”

Warning: some viewers may find the following footage disturbing.

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Government continues bid to seize airport despite injunction from High Court of Singapore

Additional reporting by Mohamed Naahee

The Maldivian government has dismissed an injunction granted to GMR by the High Court of Singapore, and vowed that the airport will be run by the state-owned Maldives Airport Company Limited (MACL) by the coming Saturday (December 7).

The Singaporean High Court on Monday morning issued an injunction against cabinet’s decision the previous Tuesday to void the concession agreement for the US$511 million project, and issue the developer a seven day eviction notice.

Under the injunction, “Both MACL and the Ministry of Finance and Treasury, pursuant to the notice issued on 27th Nov 2012 either directly or indirectly, are not allowed to interfere with the rights of the Investor (GMR-MAHB consortium) under the concession agreement,” GMR said in a statement today.

The injunction prompted President Mohamed Waheed’s Special Advisor Dr Hassan Saeed, Defense and acting Transport Minister Mohamed Nazim and Home Minister Dr Mohamed Jameel to call a press conference on Monday shortly after midday.

“The government believes that the injunction issued by the Singapore court can be legally contested in a higher court. The government has decided to appeal the injunction as we believe the injunction lacks any grounds to stop the takeover,” said Hassan Saeed.

“I believe that the Singapore court interpreted the law wrong. We cannot wait for a hearing of the appeal. What I am saying is there is no damage to GMR but we face damages by not terminating the agreement,” Saeed said.

“The injunction did not overrule the government’s grounds that the contract was void from the beginning. Neither did it rule against the government’s grounds that the contract was frustrated. As you would know the Civil Court ruling over the ADC made the contract impossible to act upon,” said Saeed, referring to the airport development charge which his own Dhivehi Qaumee Party (DQP) successfully disputed in court while in opposition.

“This is a sovereign country. We have given them a sovereign guarantee. That means the government will compensate for their damages. An injunction cannot be issued like this to a sovereign state,” he continued.

Defense Minister Nazim meanwhile pledged the government would “continue the airport takeover and Insha Allah from next Saturday onwards MACL will be running the airport.”

“The government remains firm and committed towards implementing its decision to terminate the agreement. We will not reconsider it,” he said.

Following the government’s decision to declare the contract void last week, the Immigration Department announced it was halting the renewal of work permits for foreign nationals associated with the project, immediately affecting 17 of the airport’s 140 foreign staff.

The Civil Aviation Authority (CAA) meanwhile informed GMR that it would withdraw the operator’s aerodrome certificate at 23:59 on December 7.

GMR’s Head of Corporate Communications Arun Bhaghat reiterated to Minivan News that the company had no intention of leaving.

“It is not our intention to leave. We hope the government will act according to the law and respect the legal formalities,” he said.

Spokesperson for the International Air Transport Authority (IATA), Albert Tjoeng,  told Minivan News that it was the organisation’s understanding that the airport owner “remains unchanged – it is still the Maldives government.  What is changing is the operator of the airport.”

“The priority is to ensure uninterrupted operations at the airport, with no degradation in safety, efficiency and quality of service,” Tjoeng said.

“It is the responsibility of the civil aviation authority to regulate safety at the airport.  While this is a commercial matter between the government and the airport operator, it should not lead to cost increases for airlines operating to the airport.”

Lawyer acting for GMR, Fayyaz Ismail of Aequitas Legal Consultants (ALC), told Minivan News that if the government failed to comply with the injunction, “the Maldives will no longer be respected as upholding its obligations under international law, which will be very detrimental to future foreign investment. Hopefully they will be reasonable.”

Former President Mohamed Nasheed, under whose administration the contract was signed, declared that “President Waheed cannot ignore international law at his whim and fancy. Rules are rules and they must be respected.”

Lenders write to MACL

Axis Bank, one of the main lenders to the airport development project, has meanwhile sent a letter to MACL dated November 28 in which it reminded the government that the Finance Ministry was the guarantor of the direct agreement “in which the guarantor has undertaken and irrevocably guaranteed to pay any sums due… as a separate and independent obligation notwithstanding any termination of the concession agreement by the grantor or the project company for any reason whatsoever.”

“As a sovereign undertaking by the Republic of Maldives, we are sure that the Ministry of Finance and Treasury shall honour the aforesaid guarantee to repay the Finance Parties, notwithstanding the grounds on which the Ministry has declared he Concession Agreement as void, which has the consequences of terminating the Concession Agreement,” the bank wrote.

“We fear that the taking over of the airport without setting the dues of the Finance Parties shall be detrimental to the interests of the Finance Parties and shall go against the spirit of foreign investment in developmental projects of the Republic of Maldives.”

India considers withdrawing aid, withdraws representative

Indian media has meanwhile reported that the Indian government is considering freezing aid to the economically-crippled archipelago, notably a US$25 million loan necessary for the payment of civil servant salaries and the construction of a police academy.

“We are not happy with the way Maldives cancelled the GMR airport deal. This has surely left an impact on our bilateral ties,” a foreign ministry official told AFP. “A decision whether the money should be given or not will be taken soon.”

However the Indian High Commission told newspaper Haveeru that the suggestion was “unofficial” and that such a decision would not be “unilateral”.

Indian media also reported that High Commissioner D M Mulay had been appointed Indian Consul General in New York, and is to be replaced by Rajiv Shahare.

President’s Office Spokesperson Abbas Adil Riza had described Mulay as a “traitor and enemy of the Maldives and the Maldivian people” during a rally on November 9 calling for the government to “reclaim” Ibrahim Nasir International Airport (INIA) from GMR.

The remarks were widely reported by Indian media, sparking a diplomatic row and forcing the President’s Office to issue a statement distancing itself from the comments.

However Riza subsequently stood by his comments spoke at a second rally, characterising the Indian media coverage of his remarks as a “success” and urging participants to persevere “until GMR leaves this country.”

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Parliament approves amendment to conduct no-confidence votes through secret ballot

Parliament voted today 41-34 to approve amendments to the parliamentary rules of procedure to conduct no-confidence votes to impeach the President and remove cabinet members through secret ballot.

Today’s vote passed after a similar proposition was narrowly defeated 39-34 in November.

In October, the ousted Maldivian Democratic Party (MDP) submitted a no-confidence motion to impeach President Dr Mohamed Waheed Hassan Manik.

The no-confidence motion has however yet to be tabled in the Majlis agenda. Under the rules or standing orders, the President must be given a 14-day notice ahead of the vote.

Today’s vote was won after MPs of the government-aligned Jumhooree Party (JP) and Dhivehi Rayyithunge Party (DRP) – including respective leaders MPs Gasim Ibrahim and Ahmed Thasmeen Ali – joined MDP MPs to vote in favour of the amendments.

The amendment to the house rules was meanwhile approved after MPs voted in favour of a report (Dhivehi) by the MDP-majority General Affairs Committee, which voted last month in favour of the amendments proposed by MDP MP Ibrahim Rasheed for secret voting.

During today’s debate on the report, MPs of the government-aligned Progressive Party of Maldives (PPM) contended that the report was tabled in the agenda in violation of Majlis rules and criticised having to vote on the same issue for a second time.

PPM MPs along with some DRP MPs and several Independent MPs argued against secret ballots in parliament and insisted that constituents deserved to know how their MPs vote.

MPs further contended that conducting no-confidence votes through secret ballot would give weight to widespread allegations of corruption levelled against parliament.

Meanwhile, speaking at rally on Thursday night, Adhaalath Party President Sheikh Imran Abdulla called MPs who voted in favour of secret ballot “traitors.”

Imran warned that he would “chase after” MPs and the Speaker if the amendments were approved and threatened “direct action”.

“The day that [Speaker Abdulla] Shahid takes a vote to destroy the country is the day that we run after him,” Imran had said.

In an apparent response, Speaker Shahid said in a statement this week that intimidation and threats of force against MPs violated “the spirit of the constitution and democratic principles.”

Article 90(a) of the constitution states, “No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam.”

While informing MPs of the wishes of the public was part of democratic norms, Speaker Shahid said in his statement that it did not include threats, intimidation and “inflicting psychological or physical harm on MPs.”

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