SAARC Secretary General attacks government over detention of Chief Judge

The Maldivian government has clashed with the youngest and first female SAARC Secretary General, Fathimath Dhiyana Saeed, over the legality of its arrest of Chief Judge of the Criminal Court Abdulla Mohamed.

Speaking at a press conference held by a group of lawyers contesting the legality of Judge Mohamed’s arrest, aired on Jumhoree Party (JP) leader Gasim Ibrahim’s VTV last night, Saeed accused the government of ignoring the law and called for parliament to oppose the ruling body.

The government does not have the authority “to say ‘we will act on this article, and this article does not exist for us’,” Saeed claimed. “This is not something we can pick and choose.”

The government’s rejection of court orders to release the judge could “only be solved by the people”, Saeed said, but added this should be through the parliament “and not by coming out on the roads”.

The government has expressed outrage over Saeed’s television appearance, arguing that her position as SAARC Secretary General demands her political impartiality in the internal affairs of all SAARC nations – including her own.

Article one of the SAARC Charter emphasises “strict adherence to the principles of the United Nations Charter and non-alignment, particularly respect for the principles of sovereign equality, territorial integrity, national independence, non-use of force and non-interference in the internal affairs of other States and peaceful settlement of all disputes.”

President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair, said Saeed’s stating her “personal, private position” on VTV “clearly contravened the SAARC Charter”.

“The SAARC charter forbids interference in the matters of any state, including the state she represents,” Zuhair said.

“She should have resigned and then taken her stand, or brought her concerns to us – or someone like the Attorney General. We are her colleagues. This is at best very dishonourable,” Zuhair said.

He claimed that Saeed had pledged her allegiance to the government “and her husband (Abdulla Jabir) is head of the Maldivian Democratic Party (MDP) and a senior member of the party,” Zuhair said. “Even should she resign, [her behavior] is still dishonourable and indecent. “

Saeed reacted angrily to Zuhair’s allegations and said his comments were not indecent, and that she had not violated the SAARC Charter.

“I am first and foremost a Maldivian citizen. It is my right [to comment] on whatever happens in my country, and I will not give away that right. As a lawyer I am also a member of the Maldivian bar,” she told Minivan News.

“[The Chief Judge’s detention] is a violation of individual human rights, a violation of the independence of the judiciary, and the violation of the constitution,” she stated.

“The constitution defines how a person should be detained, and this is not an ordinary person, this is a judge. Up until last night no one even knew where he was held.”

If the government contended that Abdulla Mohamed had violated the constitution, “he has to be dealt with within the confines of the law,” she insisted. “The government should not take the law into its own hands.”

“This action is very clearly unconstitutional. If you look at the how the government has acted these last three years you can see a trend. The government thinks any means to an ends is alright,” she said.

Saeed said she did not wish to comment on whether she intended to resign.

The government has meanwhile contended that Abdulla Mohamed’s detention is legal under the President’s mandate to protect “the letter and spirit” of the constitution, arguing that not only had he corrupted elements of the judiciary in favour of the political opposition, but that the constitutional body mandated with overseeing the judges – the Judicial Services Commission (JSC) – had also been politically compromised.

The JSC failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

In May 2011 the JSC abolished its complaints committee. By its own statistics, of the 143 complaints received in 2010 concerning the conduct of judges, none were tabled and only five were ever replied to.

Chair of the JSC’s dissolved complaints committee, former President’s Member of the JSC Aishath Velezinee who was stabbed in the street in January 2011, said at the time that the complaints committee had been unable to operate as the chair of the JSC, Supreme Court Judge Adam Mohamed,  had persistently scheduled timetable clashes.

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57 thoughts on “SAARC Secretary General attacks government over detention of Chief Judge”

  1. I salute Dhiyana for standing up to speak the truth an to advocate for the preservation of the Constitution and the sanctity of the Supreme Court!

    Any Maldivian with a conscience and a love for the Rule of Law will not stay silent on these matters.

    By standing up for the Rule of Law should not be seen a defense of Judge Mohamed's alleged. Such allegations need to be proven in a court of law. If any arrest is necessary it should happen within the scope of the Constitution.

    Press Secretary Zuhair and Co. are not the experts to decide on legal matters. The courts exist for that purpose. There is no way for a country to be governed without an independent judiciary.

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  2. lets start a petition to fire Dhiyaana from the SAARC rep position.. infact we need to shut anyone who disagrees with us (MDP)

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  3. @JJ Robinson - SAARC Charter was signed by SAARC leaders stating that their countries will not interfere in internal affairs of other member states. It says nothing about the Secretary General commenting on issues of importance to SAARC countries. Bloody shame that the government of Maldives does not know SAARC charter and Minivannews did not even bother to have a look at the Charter before reporting about it.

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  4. biased pro-goverment propaganda.
    shame on you jj robinson.
    not once did you mention that the maldives high court, supreme court, procecutor general, human rights commision, etc all ruled that the detention of the chief judge is illegal. the government has no respect for law and order.

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  5. This is in no way a violation of the judiciary. If a judge breaks the law, he should be taken into custody. If he violates the constitution, he should be taken into custody. In this case we're talking about a judge who has consistently, constantly and flagrantly violated the spirit of the law. Someone who is known to release criminals, and acts on the whim of his political allies. This is not what a judge is supposed to be.

    A judge is supposed to be independent of politicians, drug dealers, and actual criminals. The judiciary needs to be reformed.

    Even the supreme court should have waited 24 hours before putting out an injunction. No one should be above the law.

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  6. Diyana Saeed does not realise that she gave up that right to speak on her personal behalf publicly when she took up that job. This is what happens when people who have no experience of international civil service take up such jobs. Such a shame. She should do the honourable thing and resign.

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  7. Grow up JJ & Press Secretary Juha

    We, the Heads of State or Government of BANGLADESH, BHUTAN, INDIA, MALDIVES, NEPAL, PAKISTAN and SRI LANKA;

    1. Desirous of promoting peace, stability, amity and progress in the region through strict adherence to the principles of the UNITED NATIONS CHARTER and NON-ALIGNMENT, particularly respect for the principles of sovereign equality, territorial integrity, national independence, non-use of force and non-interference in the internal affairs of other States and peaceful settlement of all disputes;

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  8. She showed her immaturity and lack of experience. The very least she should do now is resign. This husband and wifes political game play has to stop. Lolly you will now find life more difficult and blame no one else but yourself and your babe!

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  9. She spoke her mind for a very good reason! Did anyone listen to MNBC yesterday where Jabir (her financially broke husband) praised dictator Nasheed for the arrest? Dhiyana and Jabir is playing a business game! It involves beting on the politics, secretly taken video (blackmailing) and in the end MONEY..LOTS OF MONEY!! This is just a well written DRAMA with the key actor President (opps..DIctator) Nasheed, Co actor President Gayoom (opps..again Old Dictator), and villans such as Dr.Hassan, Jameel, Yameen and a small side character Thasmeen. Also the joker Press Secretary Zuhair. This drama is edited by Indian/American/zionist core team! We have dancing folks such as ministers like Adil saleem, Mariya and Rekkowith old exotic drama experience!! It shown on RajjeTV and MNBC with Akram Kamaludeen to gain LOTS of Money ...MONEY! MONEY!! MARIYA! MONEY! LOVER! REKO/CORRUPTION! YAMEEN/GANGSTER! DR.HASAN &Co/POWER!! MONEY! MONEY!!

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  10. JJ robinson,

    I like the heading "SAARC Secretary General attacks government over detention of Chief Judge"

    but i still think it would've been better if you used the word 'decapitates' instead of the word 'attacks'. You are proving to be another propagenda man paid by mdp. what a shame

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  11. Shame. Dhiyana should have quit her job before appearing on TV. She has shamed the entire nation, as this looks as if the first Maldivian Secretary General of SAARC did not even know the basic rules of it.

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  12. Diyana was not particularly suitable for the job of SAARC secretary general. It was just a political deal between MDP and Jabir and Diyana. Diyana should abdicate her underserving position.

    and btw Salim Waheed is right this time. A judge who cannot be impartial has to resign or if that is not an option has to be dealt with somehow.

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  13. Some people who have commented here have no clue about the code of conduct for those serving in international organisations; and seem to think that those at the highest leadership of such bodies can do as they please.

    This also reflects the naivety of Madam Diyana Saeed and her lack of experience in the international arena. She should have resigned first and then spoken her mind; that is the proper protocol for such conduct. This also reflects bad on President Nasheed's judgement of nominating such an inexperienced person to such high office at SAARC; when there are several experienced people at the international level, albeit they may have served under President Gayoom. It is better to portray a positive image of your country even if it means nominating someone who served in the previous regime; than to nominate an upstart at the international level to the SAARC top job only to see her make a spectacular blunder and bring shame, not just to herself but to the Maldives as whole.

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  14. This is very embarrassing for the Maldives. The SAARC Secretary-General does not have the mandate to interfere in the internal affairs of member countries. She would have to be impartial and objective when she took up the post, and under no circumstances should a person holding that post be allowed to do what she did.

    But as some people have commented, she is immature and unable to grasp the basics of diplomacy. So much for all the hype about the 'first female, youngest' Secretary-General.

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  15. ދިޔާނާ އެކަނާގެ ވަޒީފާގެ އަޅަކަށް ނުވިކަން އެއީ ދިވެހިން އުފާކުރުން ހައްގު ކަމެކެވެ. ހ says the wanna be professor of Damas. The truth is far from that and I agree with what
    niya on Thu, 19th Jan 2012 6:31 PM wrote.

    I will add to it that Jabir, Yaamin and Abdulla Mohamed are so interlinked that there's no way out for them without the other. This is as honorable as Diyana can get.

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  16. Son of "foni" Waheed is saying that no one is above the law. That is true and should be followed. The problem is President Nasheed does not think so. Just like Maumoon he thinks his word is the constitution and the law.

    Judge Abdulla may have violated the contitution and the spirit of all laws. That does not give the executive the right or a justification to act unlawfully. The law clearly prescribes the procedure for dealing with such judges, it does not give the executive the authority to send in the military to kidnap the judge. If the President has committed a criminal offense the constitution prescribes the procedure to impeach him, it does not give the power to the legislature or the judiciary to kidnap him.

    The problem in the Maldives is the executive is using double standards. Ibra can call the supreme court jutices insane but he is not asked to prove it. However, if Dr. Jameel says the executive is trying to promote other religions he is required to prove it and is summoned to the police every now and then.

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  17. At the risk of getting caught up in the details of this on-going debate about the future of Maldivian society, I want to observe that as a country that is now embarking on the "road to democracy" the events of this present time are both unfortunate and necessary. Every society engages in robust debate when changes to traditional norms are proposed, as stakeholders barricade themselves in established positions, hoping to create a niche from which they can exploit the future. With its current diversity of political opinions and island preferences, this debate has only now begun and will become more vigorous as it proceeds. This is necessary. However, it is also unfortunate, in that a people who honestly seek to pursue life, liberty and happiness are at risk of becoming demoralized and disaffected to the point where democracy might be abandoned. Maldivians are now presented with a clear choice - whether to proceed with democratic reforms or revert to the constraints of the past. It was Lincoln who, at Gettysburg said "Now we are engaged in a great civil war, testing whether that nation, or any nation, so conceived and so dedicated, can long endure. We are met on a great battlefield of that war". This is the Maldivian condition. History will show that many will "give their lives that that nation might live". Not necessarily physically, but in terms of ideas, careers, hopes and dreams. This is not a simple debate, but if democracy is to become established, it is a necessary one that requires the attention and participation by all.

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  18. How irresponsible can she be to resign. She has an obligation to all SAARC member countries to fulfill her job in her term in office.

    What was all the sweeping remarks about reforming the SAARC charter? I have a feeling that it proved to be too much for her due to her lack of experience in the International arena and she found the easy way out. What a shame.

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  19. @ Niya: hehehe.. Very True. I was that on MNBC last night. Her husband's views and her's are completely different i guess. How do they sleep at night?

    @ Hameed: How do you know so much about the laws made by SAARC. You can't even whats written on a news properly. We can clearly see how dumb you are. JJ yaa moshen kereynetha?

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  20. Dhiyana is a disgrace to Muslim non-fornicating sisters! How dare she doesn't cover herself properly, and walks among married men, giving interviews together with them without a legal male guardian or in other words, a mahram?!

    Why isn't she wearing the hijab or the niqab, which surely are like the shells protecting pearls which are our Muslim sisters! Why is she appearing on television at all while she's uncovered? Why did she hold such a high position in the first place, when we have many capable Muslim men!?

    I fear that Dhiyana, may suffer the worst in jahannam, for she is openly defying the commands of Allah SWT!

    “And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent (like both eyes for necessity to see the way, or outer palms of hands or one eye or dress like veil, gloves, headcover, apron), and to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms) and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons, or their (Muslim) women (i.e. their sisters in Islam), or the (female) slaves whom their right hands possess, or old male servants who lack vigour, or small children who have no sense of feminine sex. And let them not stamp their feet so as to reveal what they hide of their adornment. And all of you beg Allaah to forgive you all, O believers, that you may be successful”

    [al-Noor 24:31]

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  21. Dhiyana's has a right to comment on these events as a Maldivian citizen and a member of the legal profession. There's absolutely nothing wrong with that.

    What she has failed to point out is that normal law and order has long stopped functioning in the country. We have to come to the point where certain members of the legal community are acting with impunity. They do this by hiding behind the veneer of the freedoms allowed by the Constitution. I say, "veneer", because they interpret that Constitution in their own favour!

    As has been well publicised, there are high profile cases of current and former politicians that have just frozen in our judicial system. No explanation has been forthcoming. The judiciary is effectively self policing, but they've abused this privilege to protect each others vested interests. A deep and murky water has developed around the entire judicial system, thanks to the acts of a few within it. It's at that point Consitutional rule breaks down and we're nearly at that stage.

    The President of the Republic is entirely within his Consitutional rights and obligations to protect Constitutional rule from further break down. It's his job to ensure that the 3 powers of the State are fully functioning. He cannot keep an ailing power from threatening to jeopardise the entire system.

    It's all very well for people like Dhiyana to say we have to use the legal process to arrest a corrupt judge like Abdulla and bring him to justice. What Dhiyana and others fail to point out, once again, is that the legal process of which they are talking about no longer works! We are trying to politely ask a broken system to mend itself. We've tried that for a long time, and it's clear that it won't work.

    And as mentioned above, Constitutional rule is impossible under these circumstances.

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  22. The 'forced disappearance' of a citizen is a crime against humanity. Moreover, disobeying a ruling of the Supreme Court (or the High Court) is a crime and a violation of the Maldives constitution. This is not about Judge Abdulla. It's about the rights of a citizen. This case must definitely be taken to the International Criminal Court.

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  23. No honest citizen is safe from the MDP thugs or their propaganda machine. Dhiyana is a victim of this autocratic despot government.

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  24. Diyana has no right to comment on the situation in Maldives. She may be a Maldivian citizen but her position is not. She is the Sec.Gen of SAARC and hence she cannot comment on the internal affairs of any government.

    She is an Employee of SAARC and her bosses are the countries of SAARC and hence the government. She cannot comment about the internal affairs of any country for that matter.

    The problem is that a lot of Maldivians go abroad to study at Universities and then they come back. They do not integrate with the people of that country.( I do not meant going to bars)
    They live a Maldivian life style and a Maldivian life and then they come back. They have no interest in knowing or understanding how other people live and how other governments work or countries work for that matter.

    Hence their outlook is extremely narrow and fail to bring back anything positive they have learned to Maldives.
    This is why people like Dyana Saeed fail in these high positions. An academic qualification is not enough and needs to work through the bureaucracy.

    One thing that you have to credit Ibrahim Nasir was that he started a very good government set-up. This was a legacy of the British system.
    People had to work their way up. No one started above the position of a secretary no matter how high your academic qualifications are. That thought them how the government works and the ethics.

    Unfortunately if you look at the government of yesterday and today you see people in responsible positions who have no clue about anything. No wonder there is chaos in the country.

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  25. @The Sec on Fri, 20th Jan 2012 3:27 AM

    "Moreover, disobeying a ruling of the Supreme Court (or the High Court) is a crime and a violation of the Maldives constitution."

    I am sick and tired of hearing this same old broken record over and over again. How many times do we have to tell you that the Maldivian Constitution requires a functioning "independent" judiciary that is impartial and ethical?

    When you have institutions that have failed to follow the Constitution to the letter and spirit, where is the crime? Who is committing the crime? And what crime would that be?

    "This case must definitely be taken to the International Criminal Court."

    Oh yeah? On what grounds? Do you know the purpose the International Criminal Court? Do you mean our criminal government that has committed the hienous crime of being run by Christian Priests and Jews? I'm sure the ICC would love to hear about that.

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  26. So the logic now is. If u illegally do anything then the government will do something massively illegal to you ! Lol

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  27. @ Salim whether a judge or an ordinary person Rule of Law applies and not Rule of President or his party.

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  28. It is very clear that international organisations such as SAARC must remain politically neutral. As such, the SG of such organizations must not interfere with the domestic poltics of member states. It's such a shame and embarrassment to our nation. We had high hopes for you, madam dhiyana saeed. You think you can speak your mind and such. Where has she been all throughout when the chief judge of the criminal court has been using his judicial powers inconstituionlly. Where has she been when ablo gaze has been accused of his relationships with the biggest criminals of this country. Where is her voice to strengthen the deteriorating state of the judiciary. Speak sense woman. Please. I am not a member of MDP, nor am I a supporter of many of govt policies. But, in this situation, I chose to stand by the govt. The president has been vested with powers to implement the constitution and ensure justice for the citizens if this republic.

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  29. I have heard she has resigned and that's the only option available to her. Here is a woman who is demonstrating that she has absolutely no idea of how multilateral organisations of states work. Frankly the whole of the establishment in the Maldives is full is child-like amateurs, engaged in re-inventing the wheel- and getting it wrong.

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  30. Please note when criticizing Dhiyana that President Nasheed appointed her to the post.

    Also Ahmed, I am sick and tired of hearing the government's broken-record like accusations against the judiciary.

    The 7-member bench of the Supreme Court was appointed by President Nasheed. The Judicial Services Commission was appointed according to procedures outlined in the Constitution. Their function should be overseen and evaluated by the Parliament which the MDP has a majority in.

    We have systems and procedures in place. If we cast them aside then where do we end up? Civil war? Violence on a daily basis? Mass arrests and detentions? Military rule? Is this the correctional measure you propose? If you say yes dear Ahmed then you are not the person I thought you were.

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  31. after watching the news on TV (MNBC, Rajje News airing Govt view)and VTV, DhiTV airing opposition and reading all the news online and the comments that follow, one can not wonder but think if there is any such thing as TRUTH. Or this just shows how inedequate and out-of-date human language is? Language that is subjected to interpretation unlike the language or mathematics? Because according to Govt they are right and at the same time opposition says they are right. both present arguments for them referring to constitution. SURELY both sides can not be right. something is fucked up here.

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  32. Dhiyana did the right thing. All she did was speak the truth. The government cannot take the law into their hands. The government is hurt because someone like Dhiyana has spoken against their Mafiya style ruling of this country. Dhiyana is a Maldivian citizen and with her knowledge of Law, she can speak anytime anywhere regarding issues of Maldives. She is intelligent and very capable in her discipline. This is the down fall of Anni and MDP. Ex- President of Pakistan Gen Musharraf went down hill when he started arresting lawyers who criticized him. The same will happen to Anni too. You cannot shut up the truth, the judiciary and the law. Brava Dhiyana, God Bless you and wish you all the best in life. Who cares if you have to resign from SAARC, we are proud to have a Maldivian daughter or a sister like you.

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  33. Dear Madam Saeed,

     

    I do hope that you are reading these comments and digesting them. I could not last night sleep with rage that boiled in me.

     Madam, how dare you at the drop of a hat, give up a position that only a single woman in the whole of South Asia was lucky enough to ever assume. If they want to argue that women are unreliable with senior positions, they cannot navigate the political landscape and do not have the maturity and versatility to remain under pressure; well you have just provided them with further ammunition haven’t you.

    I hope you understand the consequences of your actions, you have in one stroke through sheer carelessness and laziness (let me come back to this) brought about a significant set-back that many women have been fighting for, for years in this regions. While you could have set an example for our daughters you have made it even harder for them  (or any of us) to assume any office let alone a senior one.

    To come back to your careless and your laziness, I understand in your brief stint at SAARC, while you had the perfect opportunity to do something to change the lives of women in this region, where a woman dies in child birth every second, where 1 in 3 women have been abused, where people throw acid at us for light entertainment, you were hardly at the duty station but was often found gallivanting in Delhi and Bangkok. Perhaps the rugged Himalayan terrain and the poverty of Kathmandu was not after palatable for you I am not sure,  but you should have thought about this before you assumed post.

    Shame on you madam, you gave up your position to defend a bigoted, chauvinistic criminal, and I do not for a second believe you did it to ‘defend the judiciary’. Good riddance madam, good riddance and if you have any conscience at all you will not put your hand up for another position, to resign the next day and destroy what we work so hard towards, please by all mean spend more time shopping.

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  34. Dear Ahmed Bin, the ICC would love to hear about how a citizen was 'forced to disappear', not about priests and jews. They would also love to hear about how the government did not obey the ruling of the Supreme Court. The president cannot take the law in to his own hands. The constitution does now allow that. The constitution that we have adopted is the basis of our democratic system. It details how things must done under all circumstances.

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  35. @sheikh Imran abdulla

    I believe that most extremist looking (in truth ridiculous) comments are put here by PPM and opposition, just to flame the fire more.

    .. and to provoke. Please Minivann, have some editorial standards.

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  36. I am amazed at the ignorance shown here by some people. She cannot comment on an internal matter as she is the Sec.Gen of SAARC and absolutely has no mandate to do so.
    She has no option but to resign now. She has lost all credibility and has brought shame to the Post of the Sec.Gen of SAARC.

    As for the ICC, do people know what their mandate is?
    They can investigate genocide, crime against humanity and crimes of aggression.

    How can refusing to obey a court order or arresting a judge becomes any of these things?

    Please think carefully before commenting on these things. Otherwise people would think all Maldivians are stupid and ignorant.

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  37. Dhiyana Saeed should resign immediately. She thinks she is educated and is on TOP of thousands of Maldivians who currently holds Bachelors degree, Masters and PHD in various concentrations.

    She cannot even pronounce "FACILITATE" properly. SAARC Summit proved her in-capabilities. Her resignation would be in the best interest of everyone.

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  38. @The Sec on Fri, 20th Jan 2012 4:26 PM

    "They would also love to hear about how the government did not obey the ruling of the Supreme Court. The president cannot take the law in to his own hands. The constitution does now allow that. The constitution that we have adopted is the basis of our democratic system. It details how things must done under all circumstances."

    You'll find that those fall outside the jurisdiction of the ICC. The ICC takes on very very serious cases of state sponsored terrorism, genocide etc. As far as I know, we are no where near that. Colourful figures indicted by the ICC include Muammar Gaddafi, Omar al-Bashir, Laurent Gbagbo etc.

    As I've mentioned before, I don't believe we've got Constitutional rule anymore. Constitutional rule requires a fully functioning state with its 3 powers intact. We don't have that and we need to rebuild the foundations. We started with a broken foundation and Constitutional rule has broken down. What sort of rule do we have now? I don't know and I cannot answer that question.

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  39. Constitution of the Maldives does not allow judges to commit crimes, ask victims to demonstrate sexual conducts inside the courts and be unfair in decision making either!

    Government has done the right thing locking the chief Judge Abdulla Mohamed. Anyone who has a brain would agree with this. THINK! THINK! THINK!

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  40. "She cannot comment on internal issues of maldives" according to some of you guys. Well she has! Nothing is going to change the fact that Dhiyana has condemned the abduction of Judge Abdulla.

    This is wonderful. Any body with a conscience and sense of right and wrong, will do the same.

    When the 'extremists' of MDP cannot digest the bitter truth they will naturally 'shoot the messenger' for speaking the truth. This is typical. But attacking Dhiyana only reinforces the truth an validates her comments in front of the international community.

    Cheers!

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  41. Dear Ahmed Bin and dear Manik.

    Taking someone from his (in this case judge Abdullah) home and not informing anyone about his whereabouts for more than 24 hrs (in this case)amounts to 'forced disappearance'. That is a crime against humanity. The ICC will be very interested in this case, trust me.

    Also Let's ask a basic question. For any person to be arrested (legally or illegally, let's say), requires that person to have committed a crime. What exactly did Judge Abdullah do against the law to deserve his abduction (or arrest, if you prefer that terminology)? No one is clear about that to begin with. What exactly is his crime, as identified by any court? If, for example, the JSC does not do their job, that is hardly Judge Abdullah's problem. So Manik, if you don't ask and answer these basic questions it is you who will come across as stupid, not the Maldivian people.

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  42. I condemn Minivannews for uploading such a scandalous photograph.

    If my daughter even considered donning such attire, she would promptly be disciplined!

    It is not a womans place anyhow...

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  43. @ illyas Ahmed!
    I support the rule of law as much as you and that is the reason I am supporting "the Head of State" for taking action to institute Constitutional Authority provided to JSC and the acquisition of powers, not provided in the Constitution, by the Supreme Court. It is time to clean up the very corrupt judiciary (using any available means) in order to up-hold the "Rule of Law" in this Country. If this can be done by the Judiciary that would be the best solution!

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  44. Ahmed bin Addu bin Suvadheeb on Thu, 19th Jan 2012 9:44 PM 
    Well said. While everyone is busy shouting Constitution & due legal process, they don't even realise the true state of affairs of our Country. And Dhiyana resigning over the arrest of a fraud and corrupt judge is totally a waste and a pity that she didn't know how to use the opportunity to make a real contribution to Maldives and other SAARC countries! Wonder what her real agenda is!

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  45. This lady, in fact got a wonderful opportunity to amend mistakes of the past and to pave way for better future.
    She's sadly blown it away!

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  46. For all concerned.

    You cannot reinstate rule of law by suspending it altogether.

    This is a one-way street you are talking about.

    Once independent institutions are shown to be subject to the whims and fancies of the Executive then the people will no longer believe them to be independent.

    Once the government sets the example that court rulings can be defied if one does not believe in the person making the ruling then the whole process becomes powerless altogether.

    Once the military shows that dissent and difference can opinion can lead to lengthy abductions and temporary suspension of rights, freedom of thought and expression no longer exists.

    Once the media is subjugated to the executive then there will be no platform for complaints and frustrations to be aired.

    Regardless of whether the current administration feels slighted by opposition voices against them, destroying the whole system altogether is not a solution and never will be. All these arguments are put forward by the government to reestablish autocracy and strengthen executive control over state powers.

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  47. The sec I can answer the question regarding the ICC. The ICC has no jurisdiction or mandate to investigate or try any such matter as disappearance of a man or as it is called rendition or even kidnapping. That is a fact and is not a crime against humanity.
    Now if a thousands of people disappear then it may be a crime against humanity.
    I know more about the ICC trust me. You have no clue about them if you think they would have any mandate to investigate the " arrest" of this man. I put it in inverted commas because I do not agree to the way he was arrested.

    As for his crimes, I think the Minister has explained it what they are and why they had to take this action.
    If anyone thinks this judiciary is just and honest then they are living in a fantasy land. I am not saying all are corrupt but for sure some are

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  48. Mohamed Rasheed on Sat, 21st Jan 2012 8:19 AM

    The Constitution clearly states that I must eat my foot and gag on it and if necessary vomit it by using the military force as the foot has acquired more power than I intended to give it. Hence, I will have to use whatever means necessary to uphold the Rule of Law and the Constitution. Right?

    Yeah Now I understand your gibberish!

    Alhan Fahmy has threatened the entire judiciary by saying that 'no judge will be allowed to entire any court'

    On Friday, President Nasheed declared that 'The Constitution has come to a stand still' !! As if it is a clock out of battery which needs to be activated every now and then.

    When insanity and greed drives the mind, no amount of logic will change course. This is expected.

    For a minute let us just assume that the abduction of Judge Abdulla was master stroke to 'clean the judiciary'. SO whats the next move? Remove the Supreme Court by the same means? Remove ALL the judges by the same means? Remove PG by the same means? And then? And then run the 'kangaroo judiciary' from MDP Haruge is that it?

    What a fantastic way to clean up' the judiciary! Brilliant!

    In the meantime, over night a human rights hero and democratic champion has morphed into just another erratic Dictator. see international headlines:-

    https://www.google.com/search?hl=en&gl=us&tbm=nws&btnmeta_news_search=1&q=maldives&oq=maldives&aq=f&aqi=&aql=&gs_sm=s&gs_upl=0l0l0l1554l0l0l0l0l0l0l0l0ll0l0

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