Maldives Trade Union joins opposition’s defence of Constitution

The Maldives Trade Union (MTU) has joined with opposition parties in defence of the Constitution, suggesting that persistent violations have “eroded crucial checks and balances and accountability mechanisms”.

“The government’s actions have undermined the Constitution, allegations of corruption are left un-investigated, the auditor general has been removed along with two Supreme Court judges,” said MTU President Fuad Zahir.

“All of this is ruining the business confidence and is eroding the guarantees for justice and order.”

The MTU was inaugurated in May 2014, with 180 members aiming to provide an independent voice for the protection of small and medium-sized businesses.

Zahir formed the group after clashing with authorities over the new tax regime – introduced by the Maldivian Democratic Party (MDP) government. He was investigated the the Prosecutor General’s Office last year for tax evasion.

The opposition MDP and the Jumhooree Party (JP) held a third round of discussions at Maafannu Kunooz last night, agreeing to officially sign a document concerning their joint efforts to defend the Constitution.

Speaking to press after the discussions, JP deputy leader Ibrahim Ameen said an official agreement would be signed by the two parties on Thursday (January 5) at a special ceremony, while a joint public rally will be held that night.

He also thanked MTU for its council’s decision to join the parties in the “cause of defending the constitution”, inviting all individuals, NGOs, and political parties “willing to sincerely work for the cause”.

Ameen also thanked the Adhaalath Party for “expressing willingness” to join the MDP and JP and expressed hope that the party would join the “all-party talks”.

“Adhaalath Party has always played a crucial role in all national issues that this country has faced”, Ameen said.

Adhaalath’s council this week announced it had decided against joining discussions, claiming “no such talks were found to be of use for the time being”.

The party, which has just one MP in the 85-seat Majlis has been considered an unofficial partner in the ruling Progressive Coalition, which now directly controls 49 seats in the house after MDP MP Yamin Rasheed defected to Progressive Party of Maldives (PPM).

Last night MDP Chairperson Ali Waheed stated that the activities that would be carried out under the new agreement which would be revealed to the public next week, while the agreement itself would be accessible to the public.

“This is the point at which Maldivian people should cross the border of fear and come out,” said the MDP chairperson, claiming that this government’s intention was to narrow civil liberties like the freedom of speech and expression.

He also condemned the arrest of the editor of the MDP’s ‘Moonlight’ newsletter editor, Lucas Jalyl, who was arrested by police near Kunooz yesterday.

Jalyl was released earlier today after having allegedly obstructed police officers from carrying out their duties.

Meanwhile, the Maldives Development Alliance MP Mohamed Ismail has released a statement calling on the JP and its leader MP Gasim Ibrahim to “save yourselves from President [Mohamed] Nasheed’s deceitful web of lies”.

The 2008 alliance between Nasheed’s MDP and the JP lasted less than one month, while the JP’s involvement in the ruling Progressive Coalition lasted around six months.



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Adhaalath Party decides against participation in opposition talks

The Adhaalath Party will not join discussions held between the opposition Maldivian Democratic Party (MDP) and the Jumhooree Party (JP).

In a brief statement released by Adhaalath yesterday (January 31), it was announced that the party’s council had decided it would not “for the time being” participate in talks held by the two opposition parties, giving assurances that it would “closely monitor” events.

“If the occasion calls for discussions in relation to national interests that concern the citizens, Adhaalath Party will maintain and follow the noble principle of negotiation and discussions with the government and other parties”, the statement read.

After the MDP and JP officially agreed to work together in defence of the Constitution last week, JP Spokesman Ali Solih said he believed Adhaalath would enter the talks.

However, Adhaalath Spokesman Sheikh Ali Zahir told Minivan News today that the decision had been taken because “no such talks were found to be of use for the time being”.

He denied any pressure from the government regarding the party’s participation in the talks, stating that “Adhaalath is an independent political party” and that “the party is in no formal agreement with the government”.

The party, which has just one MP in the 85-seat Majlis has been considered an unofficial partner in the ruling Progressive Coalition, which now directly controls 49 seats in the house after further party switching last week.

Meanwhile, MDP Chairperson Ali Waheed tweeted in response to Adhaalath’s decision stating that he respects the decision taken by the party, expressing his gratitude over the decision to closely monitor the state of the country.

Although Dhivehi Rayyithunge Party leader Mohamed ‘Colonel’ Nasheed was not responding to calls at the time of publication, he told Minivan News last week that the party had received the invitation for all-party talks and that its council had not yet decided on the matter.

Vice President of ruling Progressive Party of Maldives (PPM) Abdulla Abdul Raheem was not responding to calls at the time of press. The party has yet to officially comment after MDP leader Mohamed Nasheed had called for its involvement in the talks.

After “successful” talks between MDP and JP on the eve of January 27, the JP hosted a rally at their headquarters in Maafannu Kunooz yesterday, in which senior MDP members and supporters participated.

As he had during an MDP demonstration in support of JP leader Gasim last month, MDP Chairperson Waheed appeared alongside JP leader MP Gasim Ibrahim, while the parliamentary groups of both parties also attended.

The JP – which has 13 MPs in the Majlis – last week voted through its national council to give Gasim the authority to make all decisions regarding actions needed to defend the Constitution.

Nasheed has recently reiterated calls made in early December to install Gasim as president, telling Raajje TV last week that his main aim was to have the Maamigili MP oversee an early election from the President’s Office.

A PPM has proposed to amend the Constitution, however, which would reduce the eligibility for presidential candidates to those aged between 35 and 65.

The JP was officially aligned with the ruling PPM until Gasim’s decision to stand for the Majlis speaker position, after having given crucial backing to Abdulla Yameen in the 2013 presidential race.



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Mandhu College denies violating agreement as eviction looms

Mandhu College has stated that the Ministry of Education’s orders to vacate the building in which the college is being run are based on false allegations.

In a letter sent by Mandhu College to the education ministry, the college refuted claims it had breached the agreement between the owners of Malé English School (MES), denying that it was at fault for the failure to operate a school on the premises.

Mandhu Learning Center’s Mandhu College Campus was handed a 15 day eviction notice by the Ministry of Education on January 25.

Last week, State Minister of Education Dr Abdulla Nazeer told Minivan News that the college was handed the notice as it was operating in violation of the agreement made with the government.

“The building was initially given to Malé English School (MES) in to operate a school. In 2008, the contract was renewed and MES signed a third party agreement with Mandhu College who then started using the building to run a college,” said Dr Nazeer.

Nazeer said that a separate letter was sent to Mandhu College inviting it to engage in negotiations with the government regarding the interest of students currently studying at the college.

The college explained that after the agreement with MES’ owners was cancelled and changed to Mandhu College in 2010, the college was unable to commence studies in the building that year as the agreement had been completed after the academic year had started.

“The building was given to run Al Madrasatul Arabiyyathul Islamiyya from April 2010 to December of 2011 upon the ministry’s request.  Subsequently, the period was extended to the end of 2012 again on the request of the ministry”, read the letter signed by Director of Administration Aishath Rasheed.

The college also stated that the building was emptied and handed over in February of 2013, again after the commencement of the academic year, meaning the school was unable to start classes.

Further, Mandhu College claimed that its efforts to start teaching for A-levels in June 2013 failed as the education ministry had not granted the necessary permissions as had been requested.

Despite the ministry serving Mandhu College the notice of eviction under Article 27 of the agreement, the college is challenging the legality of the notice claiming it did not specify exactly which point of the agreement the college had violated.

According to the three page letter “the company does not believe eviction notice sent by the ministry is the valid eviction notice”, adding that the company does not believe that the agreement was violated or invalidated.

State minister Nazeer told Minivan News today that the issue will now explored by the ministry’s legal representatives and that he is unable to comment on the matter further.

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Maldives’ human rights worsening, Amnesty tells UN

The human rights situation has deteriorated in the Maldives over the past four years, says Amnesty International in its report to the UN Human Rights Council.

In its submission for the country’s second Universal Periodic Review (UPR) titled ‘Republic of Maldives – Ignoring Human Rights Obligations’, the NGO accuses the government of having failed to implement recommendations made in 2011.

“Furthermore, it has effectively been undermining human rights protection by failing to strengthen the independent institutions of the state including the judiciary, which needs urgent reform.”

The report – made public for the first time last week – notes the “emergence of vigilante religious groups”, “fundamental flaws” within the judicial system, and the “feared abduction” of Minivan News journalist Ahmed Rilwan.

It also accuses the government of not defending the independence of the Human Rights Commission of Maldives (HRCM), which is currently being prosecuted by the Supreme Court as a result of its own submission to the UPR.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs, and national human rights commissions.

mid-term assessment of the Maldives’ conformity with the 2011 recommendations found that it had “fully implemented” only three of the 145 recommendations – with 12 recommendations “partially implemented”, and 33 “not implemented”, 96 recommendations receiving “no response”.

Abductions and impunity

The report also observes the lack of prosecutions for the perpetrators of a series of abductions reported last year, as well as a failure to bring the investigation into Rilwan’s disappearance to a conclusion.

“Impunity for human rights violations, especially for torture and other ill-treatment and for unnecessary or excessive use of force by police against demonstrators has been a persistent failure of the government,” reads the report.

Amnesty highlights the non-disclosure of information regarding alleged excessive force during the raid on the Anbaraa music festival in April last year, as well as the lack of prosecutions for acts of police brutality carried out on February 8, 2012.

Attorney General Mohamed Anil told the Majlis last August that the cases of five officers were ongoing. The Commonwealth-led Commission of National Inquiry described an “urgent need” for accountability and sanctions more than two years ago.

The report accuses the government of failing to protect the rights of freedom of expression and conscience with regards to the murder of MP Dr Afrasheem Ali, the brutal attacks on blogger Ismail Hilath Rasheed and journalist Ibrahim ‘Asward’ Waheed.

“These attacks took a new form in June 2014 when a vigilante religious group kidnapped several young men, held them for hours, ill-treated them and warned them not to promote ‘atheism’.”

“None of the kidnappers have been brought to justice, even though the identities of some of them are allegedly known to the victims.”

Victims of the attacks have identified four individuals familiar with police in two abduction incidents last June, and another in November. The victims were accosted in order to obtain log-in details for online groups in which religion and gang activity were being openly discussed.

The report went on to recommend a moratorium on flogging – which Amnesty regards as “inhumane” and discriminatory in practice, and the death penalty, which the current government has pledged to reintroduce.

“Amnesty International is disappointed that the Maldives did not accept recommendations to remove restrictions in law and practice on freedom of thought, conscience and religion,” it continued.

Judiciary

The report reserves significant space to highlight deficiencies within the judicial system, arguing that a lack of judicial independence and impartiality continued to “undermine fair trials”.

“Since the last UPR, the government has taken no visible action to ensure that standards of judicial independence and impartiality are upheld and monitored,” said Amnesty.

Most importantly, states the report, there has been no action to strengthen the Judicial Services Commission (JSC).

“There is a perception in the Maldives, frequently voiced by judicial and government authorities to Amnesty International, that the principle of judicial independence would not be upheld if the government were to scrutinize the conduct of the judiciary.”

After repeated investigations into the alleged appearance of Justice Ali Hameed in a series of sex tapes in 2013 failed to find adequate evidence for disciplinary proceedings, Hameed was himself appointed president of the commission earlier this month.

“While Amnesty International would oppose interference by the executive in the affairs of the judiciary, it considers that statutory state organs entrusted with maintaining judicial accountability, such as the JSC, should monitor and take action against any breaches of impartiality,” read the UPR submission.

The JSC came in for particular criticism for its role in the dismissal of two Supreme Court judges last month. In a decision slammed for its lack of transparency, the commission found Chief Justice Ahmed Faiz and Justice Muthasin Adnan unfit to sit on the bench.

After Majlis members voted through the JSC’s recommendations, local and international groups expressed concern over the decision’s impact on judicial independence.

After the HRCM’s UPR report – criticising the centralisation of judicial power in the Supreme Court – ‘suo moto’ proceedings were initiated against it last September, prompting Amnesty to call for the commission’s independence to be guaranteed.



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Opposition MP Abdulla Yamin joins PPM

Velidhoo constituency MP Abdulla Yamin has left the opposition Maldivian Democratic Party (MDP) to sign for the ruling Progressive Party of Maldives (PPM).

Speaking at a signing ceremony on Thursday evening (January 29) in the capital Malé, Yamin criticised the MDP leadership, questioning the party’s youth policy.

“I see promise in this government, our youth sees promise in this government. I see youth after youth rising with the help of the government,” Yamin is reported to have told PPM supporters.

The switch comes less than a month after Yamin issued a public apology for breaching the MDP’s three-line whip for the controversial Majlis vote to remove two Supreme Court judges.

“I will not repeat the mistake in the future,” read Yamin’s apology letter, mandated by the party’s internal disciplinary committee. He gave no explanation for his absence from the Majlis for the vote.

Yamin was not responding to calls at the time of publication.

Four other MDP members issued similar apologies for breaking the whip, while former Chairperson ‘Reeko’ Moosa Manik was expelled from the party after the appeals committee found him to have broken the whip on five occasions.

Despite contesting the party’s decision, Moosa has stated he will neither take the party to court, nor join any opposition groups.

MDP Spokesman Hamid Abdul Ghafoor has criticised Yamin’s switch – the fourth such defection since the Majlis polls last year, though he expressed confidence there would be no more departures.

“The principal of a proper representative is based in people deciding on a candidate from a party. If he wants to change party he must resign from his seat and contest again. That’s how people cross the floor in developed democracies,” he told Minivan News.

Last year, the now-opposition Jumhooree Party (JP) pledged to sue three of its former MPs who switched to the PPM shortly after the March elections.

The PPM was offering “unattainably high incentives” to MPs to defect, suggested the JP, accusing the members in question of breaking vows made to the public.

Yamin is also an advisor at Raajje TV, a station traditionally aligned with the MDP since its launch in 2010. Ghafoor said he felt the station’s content would be unaffected.

Yamin’s transfer increased the PPM’s seats in the Majlis to 44, while its ally the Maldivian Development Alliance has five MPs in the 85-seat house.

The opposition MDP and JP – holding 21 and 13 seats, respectively – this week officially announced an agreement to protect the Constitution against what they argue are persistent breaches by the government.

The religious Adhaalath Party, which has one MP in the Majlis, is reported to be joining future talks, though no official word has come from the party.

Two thirds of MPs present and voting – equalling 57 members of the full house – were required to remove the Supreme Court judges, though the move was subsequently condemned by local and international groups.

The support of three quarters of the full house is needed to amend the Constitution, with the ruling party having proposed changes to the age limits of presidential candidates, which would eliminate JP leader Gasim Ibrahim from the 2018 presidential race.

MDP leader and former President Mohamed Nasheed told Raajje TV on Thursday that his aim was to install Gasim as president before holding early elections.

He also explained to Sri Lankan media that the new parliamentary alliance was intended to hold the government accountable.



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Pistol and explosive device found at Nazim’s home, says Police Commissioner

The Maldives Police Services has revealed that it found a pistol and a makeshift explosive device at the home of former defence minister Colonel (retired) Mohamed Nazim, during a raid on January 18.

Commissioner of Police Hussein Waheed told media today that, after searching Nazim’s home using “forced entry”, the police found a 9mm handgun, an improvised explosive device, 3 bullets, and a magazine.

“We did not arrest Nazim at the time because we did not see it as the best course of action to proceed depending on his profile,” said Waheed.  “However as you can see we have prevented him from leaving abroad.”

According to media reports yesterday (January 28), the former minister’s passport was being held by the department of immigration after a court order was issued.

Nazim’s lawyer Maumoon Hameed – who replaced former Attorney General Azima Shukoor this week – has released a statement this evening denying that the items were there with his client’s knowledge.

“The items claimed to have been found at Colonel Mohamed Nazim’s residence by Police Commissioner Hussein Waheed do not belong to Colonel Nazim or his family, and if there were any items were present at the house, they were there without Colonel Nazim’s or his family’s knowledge,” read the statement.

Commissioner Waheed said this afternoon that the MPS had written to the Maldivian National Defense Force to verify ownership of the weaponry, but was informed that no items were missing from the military’s inventory.

He added that the weapons were “very dangerous” and that while the handgun could be lethal, the explosive device when matched with another component could cause “large scale destruction”.

The commissioner also revealed that a pen drive had been confiscated during the search, containing information that could help the investigation.

“We are still proceeding with the investigation of the case, but we plan to file it with the Prosecutor General’s Office as soon as the investigation is done,” said Waheed.

He maintained that the service was not aware that it was Nazim’s home until after entering, but noted that they had adhered to international best practices and that Nazim was present during the search.

Nazim – who was also acting health minister and head of immigration – was dismissed from his post on January 20, three days after police raid.

Speaking to the media at the time, Nazim said that events had shown no Maldivian was assured of safety and security.

“This gives an alarming signal that entering any house, at any time and to do anything is possible. The defence minister is the most senior official standing beside the president,” he told the press immediately following his dismissal.

Police have since suggested that Nazim was questioned regarding the weapons but that he had failed to adequately respond to the questions.

Nazim is currently being represented by lawyer Hameed – nephew of President Abdulla Yameen – after Azima Shakoor dropped the case yesterday citing “personal reasons”.

*Original article updated at 8:10pm to include a statement from Nazim’s lawyer



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Food authority fears tainted apples in Maldives

The Maldives Food and Drug Authority (MFDA) has announced that apples of the Granny Smith variety feared to have been tainted with listeria monocytogenes bacteria have been found in the Maldives.

A statement released this morning said, however, that the authority has so far been unable to determine whether the apples found have been supplied from the California-based Bidart Bros of Bakersfield, from which the tainted apples are believed to have originated.

“Although we have found Granny Smith apples from California, it does not necessarily mean they will be contain the bacteria. But until we confirm that the apples are safe, we recommend the public to not consume them,” said spokeswoman Sajidha said.

Bidart Bros issued a full recall the Gala and Granny Smith apples after the US Food and Drug Administration traced a listeria outbreak to the firm earlier this month.

“Consumers should not eat the Granny Smith and Gala apples being recalled by Bidart Bros. These apples can be sold under the brand names ‘Big B’ and ‘Granny’s Best’, though, they could also be sold under other brand names or with no brand at all,” read a January 9 statement from the company.

The MFDA explained that microbiological tests are being conducted to determine whether the apples contain any traces of the bacteria and informed “all parties not to sell these types of apples until it is determined to be safe”.

“We took samples last night and tests will be carried out today. As this is a microbiological test, it will take at least 3 to 4 days for us to get the results,” said Sajidha.

She also explained that bacteria which causes a range of symptoms including fever, vomiting, diarrhoea, and stiffness of the neck and muscles – is especially dangerous to vulnerable groups, including pregnant women, cancer patients, children, and the elderly.

“The initial cases of listeria monocytogenes in America because of the apples resulted in fatalities,” Sajidha warned.

On Tuesday (January 27), the MFDA sent out a food alert warning consumers to exercise caution with regards to Gala and Granny smith type of apples imported from Bidart Bros.

Indonesia and Vietnam are reported to have halted apple imports from the company after International Food Safety Authorities Network issued an alert on January 17.

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TAM President accuses Education Ministry of intimidation

President of the Teachers Association of Maldives (TAM) Athif Abdul Hakeem has accused the government of intimidation after being summoned to the Ministry of Education following public criticism of new pay scales.

Athif told Minivan News that Permanent Secretary Dr Abdul Muhsin told him to “pay attention to public interests” while speaking publicly about the new teachers’ structure.

“I see this as an act of intimidation,” said Athif, who was told by the Mushin that the warning should not be interpreted as a threat.

In response, Muhsin said that although details of such talks are normally kept private, he denied having given a warning, noting that special regulations are in place within the civil service to formally warn employees.

“I did not give any warning to Athif,” stated Muhsin, who said that he could not comment on the new pay structure.

Athif has told local media that the pay rises promised by President Abdulla Yameen will not be realised, accusing the government of “lying to the community”.

Yameen had announced that all teachers will get a salary increment not less than one third of previous earnings.

Around 90 percent of the country’s teachers protested in September last year against poor pay and inadequate protection of teachers, prompting the government to enter negotiations as a full strike loomed.

Athif explained that the education ministry called him yesterday (January 28) to request he come to meet permanent secretary, in his capacity as TAM president.

“I told them that if I am to go as the TAM president, I can only go with my secretary,” said Athif, after which he was asked to attend in his role as the Majeediyya School’s Dhivehi teacher.

He went on to say that, during the brief meeting, Muhsin first asked whether the new teachers’ structure was displayed on the notice board of Majeediyya School.

“I told him yes. I also told him that he could have phoned the school and inquired about it rather than bringing me to the ministry,” Athif continued.

He argued that, according to the new teachers’ structure, certificate-level teachers will be paid less than the amount they were previously paid, affecting their overtime and Ramazan allowances.

TAM had tentatively welcomed the rises in salaries earlier this month, which pledged increases of between 35 and 15 percent depending on the qualifications held.

“We welcome the increases in salaries. We have some concerns, we will release a full statement after analysing the changes brought, if they satisfactorily meet our demands”, said TAM Secretary General Ali Nazim at the time.

Athif today suggested that the government wished to eliminate the layer of teachers at the certificate level from the new structure by the start of the next year but that “until the end of this year, they should not be paid lesser than what they are paid now”.

In November, the Maldivian Democratic Party’s budget review committee suggested that the government had not budgeted the required MVR532 million (US$34.5 million) needed to raise the salaries of teachers despite promises made by both President Yameen and Vice President Dr Mohamed Jameel.



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Supreme Court has removed right of appeal, claim legal experts

Legal experts have accused the Supreme Court of effectively removing the right of appeal after the bench shortened the time in which an appeal case can be filed at a higher court to 10 days.

In a ruling issued yesterday (January 27), the court revoked Article 15 and 42 of the Judicature Act and Article 85 of the Employment Act – which stipulates the current appeal durations – while a Supreme Court circular signed by Chief Justice Abdullah Saeed announced the new time frame.

The move has prompted legal experts to accuse the court of infringing upon the constitutional right to an appeal.

“They have taken out the appeal process,” says former Judicial Services Commission (JSC) member turned whistle-blower Aishath Velezinee. “Ten days for appeal will deprive people of the right to appeal.”

Another legal expert – who wished to remain anonymous – suggested that the new time frame would make it practically impossible for many people to lodge an appeal.

The Supreme Court ruling – signed by all five of the Supreme Court justices – said the current regulations are in violation of Article 42 of the Constitution which states the right to a “fair and public hearing within a reasonable time”.

The Judicature Act currently states that appeals to the higher courts will only be accepted within 90 days, while 180 days is allowed for cases adjudicated in island courts outside of the capital Malé.

Meanwhile, the Supreme Court circular stated that the establishment of two regional High Court branches under amendments to the Judicature Act means all appeal cases should be appealed in the region of the court issuing the decision.

According to the amendments passed by parliament last month – which also resulted in the controversial dismissal of two Supreme Court Judges – the nine member High Court will be divided into three branches with three judges assigned to each.

The two regional branches in the North and South will be allowed to hear appeals against magistrate court verdicts while only the Malé branch will be allowed to hear challenges to laws and regulations.

Constitutional rights

Velezinee claimed that by changing the regulations, the Supreme Court is “taking over the functions of the legislator” in an “attack on the Constitution”.

“No right is guaranteed anymore,” said the outspoken critic of the judiciary. “Supreme Court is under the constitution, but now it has gone above the Constitution.”

Velezinee has previously accused the Supreme Court of dominating the entire judiciary, and compromising the independence of the lower courts, via its close oversight of the Department of Judicial Administration.

Similar suggestions made by the Human Rights Commission of Maldives (HRCM) to the UN Human Rights Council last year prompted the initiation of ‘suo moto’ proceedings on charges of undermining the Constitution and the sovereignty of the country.

Velezinee was barred from the public gallery during the proceedings of the HRCM case in October.

Meanwhile, a prominent legal expert said that by shortening the appeal period, the Supreme Court is “trying to limit a fundamental right guaranteed by the Constitution”.

“The right to a timely trial should not overlap the right to appeal,” he said. “It is going to be logistically and practically impossible for most people to prepare an appeal case and submit it within ten days.”

He pointed out that most atolls do not have the adequate transportation systems to the nearest court branch, saying that it might be easier for islanders to travel to Malé to file an appeal.

Both he and Velezinee suggested that it normally takes in excess of two weeks to acquire the court report required to adequately prepare for an appeal case.



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