The international community has urged the Maldives executive to respect the rule of law in negotiating a solution to its current political deadlock with the Majlis (parliament), and in handling its accusations of corruption and treason against several prominent MPs and high-profile businessmen.
In a democracy the judiciary is the crucial arbitrator of any such disputes between the other two arms of government. But Aishath Velezinee, the President’s Member of the Judicial Services Commission (JSC), the independent institution tasked with reforming the judiciary and ensuring both its independence and accountability to the public, believes the current state of the judiciary renders it unfit to do so.
Article 285 of the Constitution outlines an interim period for the reappointment of the judiciary by the JSC, according to minimum standards, with a deadline of August 7, 2010. After this, a judge may only be removed for gross incompetency or misconduct in a resolution passed by a two-thirds majority in parliament – the same number required for impeaching the President or Vice President.
Last week the JSC reappointed 160 of the judges appointed by the former government, despite a quarter of the bench possessing criminal records and many others with only primary school level education. The Supreme Court meanwhile sent the President a letter claiming it had ruled itself tenure for life.
Velezinee blows the whistle, speaking to Minivan News about the JSC’s failure to ensure the accountability of the judiciary, the compromise of its own independence at the hands of the Majlis – and the ramifications for the country in the lead up to the August deadline.
JJ Robinson: What is the function of the Judicial Services Commission?
Aishath Velezinee: The main function of the JSC – as I see it – is to maintain judicial integrity, and to build public confidence in the judiciary and individual judges.
The way we would do it under a democratic governance structure would be to hear the complaints of the people, and to look into these matters objectively and independently, and take action if necessary, to assure the public there is no hanky-panky [going on].
But instead of that, we are putting out press releases saying things like: “You can’t criticise judges”, “You can’t criticise the judiciary”, and ‘‘the president is exercising influence over judges”.
JJ: So the JSC is working as shield organisation for judges rather than as a watchdog?
AV: Very much. It is a shield for judges, and the evidence for that is very obvious. We have all this evidence in the media now from what is happening in the criminal court – a fact is a fact.
Why did [Criminal Court] Judge Abdulla Mohamed open the Criminal Court at midnight when two high-profile [opposition MPs Abdulla Yameen and Gasim Ibrahim] were arrested?
From August 2008 to today there have been many instances when the public might have wanted the court to open outside hours. But no – before that day, they have never opened the court out of hours for anybody else.
This was the first time they have done it – and then put out press releases saying it happened at 9pm? This is not the truth. We have evidence it is wrong.
But the Commission takes for granted that whatever the judge says is right. We can’t protect judges and oversee them.
JJ: This was the case taken to the Criminal Court by Yameen’s defence lawyer [former attorney general Azima Shukoor]?
AV: That’s not standard procedure. According to regulations the Criminal Court can only accept submissions from the State.
It would not have been an issue – the defence lawyer would have been given the opportunity to argue the case when the State went to the court. But Yameen’s lawyer initiated it – and got into the Criminal Court in the wee hours of the night – that is strange.
I’m not saying it is right or wrong – I don’t know. But what I do know is that this is out of the ordinary. The JSC has an obligation to the people to ensure the Criminal Court has done nothing wrong.
JJ: How did the JSC react?
AV: They did nothing. Article 22(b) of the Judicial Services Act gives us the power to look into matters arising in public on our own initiative. But what did the JSC do? They said nobody had complained: “We haven’t received an official complaint.” They were waiting for an individual to come and complain.
My experience, from being part of the complaints committee in the JSC, is that whenever a complaint is received, we have two judges on the complaints committee who will defend the [accused] judge, trashing the complainant, and talk about “taking action” against these people “who are picking on judges”.
Then they will put out a press release: “Nobody should interfere with work of judges.” Their interpretation is that “nobody should criticise us. We are above and beyond the law.”
Since January – when the JSC censored its own annual report, despite the law clearly saying what we should include – they decided to hide the names of all judges who had complaints made against them.
Instead, they released the details – including quite private information – about the complainants.
JJ: What is the current state of the judiciary?
AV: The current judiciary has 198 judges that were appointed prior to this Constitution being adopted. Those judges were appointed by the then-executive: the Ministry of Justice. The appointment procedure, the criteria – none of these were transparent.
They were only given ‘on-the-job’ training. This ‘Certificate in Justice Studies’ they say they have is on-the-job training given after the 1998 Constitution was adopted, to teach them how to run the country according to that Constitution.
How do we expect these people – without exposure to democratic principles and cultures, without exposure to the world, with only basic education, and with only tailor-made on-the-job training for a different Constitution – how do we expect them to respect and uphold this Constitution?
A majority have not even completed primary school. A quarter have criminal convictions: sexual misconduct, embezzlement, violence, disruption of public harmony, all sorts of things – convictions, not accusations.
We are not even looking at the 100 plus complaints we have in the JSC that are unattended to. They have not been tabled. Civil Court Judge Mohamed Naeem has a box-file of complaints against him. And Criminal Court Judge Abdulla Mohamed has way too many against him.
JJ: Given the condition of the judiciary, and if the government is in a state of political deadlock with parliament, how is the government able to legitimise accusations against the MPs it has accused of corruption and treason?
AV: That is where we have the problem. The international community seem to have forgotten that this is a new-found democracy. We have in all our institutions people who have been in the previous government. We haven’t changed everybody – and they are still following their own culture, not the law.
How can [the international community] ask for the rule of law to be followed when there are no courts of law? Where are the courts? Where are the judges? A majority never even finished primary school.
JJ: What possible reason was there for appointing judges with only primary grade education?
AV: It’s very obvious – just look at the records. As a member of the JSC I have been privy to records kept from before [the current government]. In their files, there are reprimands against judges for not sentencing as they were directed. That was a crime when the Minister of Justice ran the courts. The Ministry of Justice directed judges as to how sentences should be passed, and that was perfectly legitimate under that Constitution.
JJ: Has anything changed since 2008 and when the judges were appointed under the former government?
AV: Yes – what has changed is that [the judges] were freed from the executive. So they are very happy with the freedom they have received. But unfortunately they haven’t understood what that freedom and independence means.
They are looking for a father-figure, and they have found him in the current President of the JSC, Supreme Court Justice Mujthaz Fahmy. He has taken on this role, and he is now the king and father of the judges.
So they are all looking up to him to protect their interests. If you look at all the press releases from the Judges’ Association – which is run from Mujthaz Fahmy’s home address – he makes arbitrary decisions in the JSC and then puts out press statements from this organisation run from his home, to defend his own position.
We are in a very big game. Mujthaz Fahmy has been under the thumb of the former executive for way too long – the man is going on 50, he has been on the bench for 25 years, he has never had anybody come and argue with him – he can’t stand anybody who challenges him. So he’s got a problem with me sitting on the Commission because I do not take his word as the law. The man thinks that anything that comes out of his mouth is the law, and the majority of the JSC members take it as a fact.
But if you look into the documentation, if you look into the recordings – nothing that comes out of that man’s mouth will hold. Those interviews he is giving, all he is using is this image he has built up of himself as ‘the esteemed justice’. That is what he is using to convince the public that he is right. And they are trashing me in public and in biased media, just so people do not listen to me.
I do not ask anybody to take my word. I am saying: hear the recordings in the commission. Listen to what they say.
They have this belief that whatever happens in the Commission must be kept a secret amongst ourselves. This was run like a secret society – we have a pact of secrecy amongst us. I broke it, because I do not believe in tyranny of the majority. What we are seeing here is a repeat of what happened in the High Court in January, what we are currently seeing happen in the Majlis, and the same things are now happening in the JSC.
JJ: What are the links between the Majlis and the judiciary?
AV: That is a very serious issue. I am currently sitting on this seat as the President’s appointed member of the JSC, but prior to this, I was was the member of the general public appointed by the Majlis. They have forgotten that part.
I have brought this to Majlis attention. When the Commission voted on what I call the minimum ‘sub-standards’ for the judiciary, I sent a complaint to the Majlis. The same letter I sent to the President and the President of the Law Society. I sent it to the Speaker of the Majlis, as well as the chair of the Independent Commissions Committee, Mohamed Mujthaz.
When the JSC finalised the ‘substandards’, the Majlis into recess. So I went to the Anti-Corruption Commission (ACC), because it was the only constitutional structure where I could go to hold the JSC accountable. It is rather odd for one Commission member to go to another commission and ask them to investigate her own commission.
I met the ACC on May 12. The JSC say they adopted the substandards on May 11. Later I collected all the documentation, and wrote a report – because this is not going to be something easy to investigate. This is a whole conspiracy cooked up from the time the JSC was initially constituted. It has been planned, and it is very clear this is a plot.
When the Majlis reopened in June, I sent an official complaint to the Independent Commissions Committee which they accepted. On June 16, the Majlis wrote two letters to the JSC, one letter requesting all documentation and recordings relating to Article 285 – my complaint.
The JSC is not respecting Constitution and is doing as it pleases. Their disregard of Article 285, and their decision to adopt substandards for judges, comes from their belief in a promise made by the former government.
They do not refer to the Constitution in adopting the standards. They refer to conversations they had with the majority party at that time, a delegation led by our dear JSC President, Mujthaz Fahmy. He and a team of judges met with the politicians to negotiate a guarantee that no judge would be removed under the new Constitution.
Although we have Article 285 in the Constitution – to give the people a judiciary they can trust and respect – we have the President of the Commission responsible for the implementation of this article working on this political understanding with the former government.
This is very clear from the recordings.
All I’m asking is for third party to look into this – and that third party is the Majlis. After the Majlis took all the documentation and recordings, they had requested the JSC meet with the Majlis Independent Commissions Committee at 2:30pm on June 23.
If you go back to your news files, that was the day when the Majlis floor heated up. Since then the Speaker [DRP MP Abdulla Shahid] has suspended the Majlis.
The committee accepted the complaint – if they had not, they would not have asked us to come and discuss this with them.
I believe the speaker is taking undue advantage of this political crisis. The Speaker of the Majlis is now coming and sitting in the JSC [office] day and night, during Friday, holidays and Independence Day. The Speaker is sitting in the JSC trying to expedite this process of reappointing judges before the Majlis starts on August 1. What is going on here?
JJ: What is going on?
AV: I believe that when the Majlis was suspended, they should have directed the JSC to at least halt what was going on until they have looked into the matter. It is a very serious complaint I have made – it is a very serious allegation. And if that allegation and complaint is unfounded, I am willing to stand before the people, in Republic Square, and be shot.
I believe we have all the evidence we need to look into this matter – but under this Constitution, we have to go to the Majlis. But where is the Majlis? And what is the Speaker doing in the JSC?
What about all those other complaints? The Commission’s president is not letting us work on them. We have in our rules that any member can ask for a matter to be tabled. I asked him to look into the matter – and do you know what he did? He sent me a letter to my home address – as though I was not a member of the Commission – and asked me to write it in a proper form and bring it to the attention [of reception].
The JSC has decided Article 285 is symbolic, that article 22(b) does not exist, while the esteemed people of the law in the commission, include the Commission President, Supreme Court Justice Mujthaz Fahmy, explain to me that article 22(b) gives me the power to write a letter, fill in a form and submit a complaint. I asking – why did the drafters of this law put in a clause to give me a right I already have as any ordinary citizen?
Where we are right now – with the lack of confidence in the judiciary – it all lies with Mujthaz Fahmy.
JJ: What do you mean when you talk about “a plot”? How interconnected is this?
AV: They are trying to expedite the reappointment of judges without looking into my complaint. If you look into my complaint, you will find this has been done in an unconstitutional way.
What they are doing right now is going to kill the Constitution.
We are not going to consolidate democracy if they succeed in getting away with what they are doing right now. The Speaker has suspended the Majlis whilst a very serious complaint is with the Majlis committee, and now he is sitting in the JSC doing this.
If there is a matter pending in a court of law, usually they ask for a court order until the matter is settled. You don’t just carry on as if nothing is happening.
We have a petition signed by 1562 people – the JUST campaign – calling for an honest and impartial judiciary. This was not even put on the Commission’s agenda – it said it did not find it necessary to take it into account, and on that day I was not given opportunity to participate because on the agenda was the matter of approving judges under the substandards.
We are asked to put before any other matter the people, and the Constitution. Instead, the Commission is working in the interests of these individual few judges who have hijacked the judiciary. Mujthaz Fahmy must go.
JJ: So these Commission members met with politicians from the former government, to obtain a guarantee that sitting judges would remain on the bench, and not be subject to reappointment under Article 285? What do the politicians get back from the judges?
AV: We are talking about corruption. The change in government came in 2008 because people were fed up with a corrupt administration and autocratic governance.
But all those people who were in power entered parliament. The Speaker, who is right now sitting in the JSC working night and day expediting the reappointment of the judges, was also part of that administration. It is within their interest to keep this judiciary here, and not work in the interests of this Constitution, or the People.
Their personal interests take precedence over everything else. I’m afraid that is what we are seeing.
JJ: Do you feel the media has been taking this case seriously enough?
AV: I’ve been writing to all the concerned authorities since Januruary. I’ve been going on and on about the JSC and the dictatorship within it for a long, long time. I knew where we were heading, I have been warning the Majlis and talking to people from various parties. I have been talking about Article 285 for so long that I have become ‘the old article 285 madwoman.’
JJ: Do you think the current political crisis can be resolved without a functioning judiciary?
AV: Absolutely not. But then a functioning judiciary cannot be introduced without this crisis being resolved. How can the international community ask for the rule of law to be followed when there are no courts of law?
We need an impartial investigation of what is going on. And I believe the Maldives does not have anyone able to conduct an impartial investigation. We need assistance – the International Commission of Jurists (ICJ) should be here. The UN Special Rapporteur on Independence of the Judiciary should be here, right now.
This is not the fault of the judiciary. We have a large bench, and most of the judges have absolutely no idea about what is going on. They have not even been given orientation on the new Constitution.
I had the opportunity to meet magistrates from four Atolls. They know the law. But what they need is a basic understanding of the principles of this Constitution, of the foundations of democracy. Because it is through those lenses that they should be interpreting the Constitution.
I am not in favour of the removal of all judges. But I demand that all judges with criminal records be removed – they should not be sitting there even now, and there’s 40-50 of them – a quarter of the bench.
Why is the JSC remaining silent? Why is the Speaker of the Majlis in the JSC [office]? By his silence, and through the act of suspending the Majlis, the Speaker has given the JSC the opportunity to complete this act of treason they are currently committing.
The deadline for the judicial reform period under the new constitution in August 7. The Speaker and the President of the JSC are working overtime to get all these judges reappointed before the Majlis restarts on August 1. That is treason.
JJ: What benefit would outside arbitration bring?
AV: It is difficult because all our documentation is in Dhivehi. But we need an independent and impartial body to look into this properly. Forget listening to me or Mujthaz. Forget listening to politicians, and investigate. We need an impartial mediator.
It is very easy for the international community to turn around and blame the executive for taking a dictatorial attitude. We are demanding the executive uphold the rule of law. But what about the Majlis? Where is the rule of law when the Speaker suspends the Majlis and hides in the JSC expediting the reappointment of judges? Where are the courts to go to?
We need the public to understand the Constitution, and we need all duty-bearers to uphold the Constitution. I’m afraid half the members of the JSC do not understand the principles of democracy or the role of the JSC, or the mandate we have. Then there are a few who understand it very well but remain silent while all this goes on
JJ: The President recently nominated Supreme Court Judge Uz Ahmed Faiz Hussain as the new Chief Justice, and is awaiting Majlis approval. How likely is this to resolve the current situation, given the Majlis is currently suspended?
AV: Uz Ahmed Faiz Hussain is a well-respected man amongst the judges. I have never heard anybody question his independence or impartiality. He is a learned man and amongst all the politicking and hanky-panky going on, he has maintained his integrity.
But the Majlis has to appoint him and the Majlis may not even get that far – the Supreme Court has already declared itself permanent.
I’m telling you: this is big. What we are seeing is all interconnected – it is one big plot to try – in any way possible – to return power to the corrupt.
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Mujuthaaz fahumee appears to be a shameless sniveling little beast. I saw him on tv blubbering about the independence of the jsc. The little weasel was licking drool off his lips and darting his eyes around the room.
One should question the integrity and impartiality of Velezinee. What is her academic qualification and experience in the judiciary. If we listen to the mainstream society, she does not enjoy the moral respect necessary to be a member of JSC; and a lot of time people question her character.
I weep for my country. Yet, I'm happy there are people like Velezine who have the courage to bravely soldier on in the face of extreme adversity. It's people like her who keep the flame of democracy still lit in this country.
Could these wise diplomats from America tell us what is the use of rule of law, when the courts can't or won't uphold it? Perhaps if Blake and his gang could stick around for more than 48 hours, they could actually be of some use
@Hameed
yes people question her character because she doesnt keep her mouth shut and isn't all docile like a good little girl! Oh and dont make me laugh talking about "moral respect" !
It doesnt matter what she says or what Mujthaz Fahmys say, this is happening right before our eyes, there's evidence to prove it and its the duty of the Majlis (who are accountable to the people although they dont think so) to investigate it!
This is unbelievable! If all these judges are made permanent, then where is the hope for our nation? The people have to live with the same system of 'justice' we lived with all these years while the rich and the corrupt can move their families and live in their safe havens all over the world. Where is the thinking that even the Gayoom government had under their 'reform package' to upgrade the judiciary? The JSC should not make everyone permanent at this point in time. They have the option of appointing them for an interim short period, if they have to appoint them at all. They do not need to make everyone permanent for the judiciary to function.
Most people who oppose Velizinee in this issue attack her character rather than her arguments.
There is a concerted effort to defame Velizinee by spreading nasty rumors about her personal life. The irony is that Velizinee (as a woman) to higher standards than they do their judges. A good example would be the judge that was caught with his pants down, literally, behind a dumpster in Hulhumale.
Anyway, good job Ms Velizinee, you are a one woman army.
Velezinee is showing extreme courage and moral purpose. What she has to say is perfectly clear. The future of the Maldives is on a knife-edge between Good and Bad. Now it is a matter of days to settle it for decades to come.
@hameed
Hameed you are an idiot and lack the character necessary to comment on article as important as this.
See? How easy that was to attack your character and spoil it, but as you may notice, I haven't said anything relevant to the article in question. No have I addressed any of the serious questions and issues raised by Ms Velezinee.
This country's newborn articles on the judiciary is sleeping in the nursery and what this dirty old ignorant corrupt man mujuthaaz (qualification: certificate in injustice and high treason) is doing is molesting the sleeping infant. People wake up and tie up up the molester.
@Hameed
Oh shut up. As if velezinee is the one in charge of signing up morons as judges. I question the impartiality of mujuthaaz's buttocks on which he has sat for 50 years peddling injustice for pennies.
The good ppl of the Maldives will eventually succeed in winning the battle to secure a relatively just nation (no nation is perfectly just as corruption exists everywhere). But this will not happen without tremendous struggle yet to come, and it may take many many years. When President and the current MDP are exhausted, many must step up to take on the challenge, and the battle will require a perseverance which is going to require deep faith to endure.
It is becoming more and more apparent that when Mohammed 'Anni' Nasheed became the President, he did not remove the dark abode of oppressive tyranny which has crushed the Dhivehin for centuries. The structure of tyranny is deeper than Maumoon or Yamin, these men and the bad they have committed are not the cause of tyranny but the product of something much deeper, a structure, a mindset.
If the hope of success is not routed ultimately in the hope of Jannah, paradise, this struggle will not succeed. This is because, when it seems as though their is no earthly reason to fight evil because despair seems ultimate, there has to be the belief that by continuing to struggle, even if earthly good will not come from it, the struggle and the good doing is worth it eventually, in the Akira, the after life... Only such deep hope can give the endurance required for success. I am not talking about implementing the subjective, political and cultural form of Islam, but drawing from its essence, struggle for goodness in the after life.
Maldivians only deserve a military dictatorship. Maldivians are so ignorant they they would sell their vote for just $45/- and elect a member of parliament who would earn $292,000/- for his elected term only. And there is wide spread bribery to buying BMW cars, yachts other sorts.
Amazing! you expect the judges to be at the highest moral ground; but you would not mind if Nasheed nominates a low class bimbo as a member of JSC.
What is the choice we have? Should we, the concerned citizens, accept defeat in gloom? Or should we renew our efforts to ensure our future generations inherit a clean judiciary? This is not an issue between MDP and DRP, even though MDP activists did stage protests against the JSC during the past two days. A number of impartial and non-partisan citizens have been expressing concerns about the inherent problems within the judiciary for months. If you value the importance of a clean and efficient judiciary, you have to think beyond the lines of your political party. We reiterate the fact that this is not about MDP and DRP. This is an issue about the future of our nation. That is why we urge all of you, members of all political parties, and citizens who are not affiliated with any party, to work sincerely to ensure a functional judiciary.
The next few days are crucial. Please join Article 285 on Facebook. Meet your Member of Parliament. Express your concern about the JSC failing to do its job. Send letters. Call the members of JSC. Hundreds of phone calls can make a difference. In the next few days protests are essential as well.
http://idhikeeli.blogspot.com/2010/07/weed-out-corruption-from-judiciary.html
I totally agree with Hameed.
What is the choice we have? Should we, the concerned citizens, accept defeat in gloom? Or should we renew our efforts to ensure our future generations inherit a clean judiciary? This is not an issue between MDP and DRP, even though MDP activists did stage protests against the JSC during the past two days. A number of impartial and non-partisan citizens have been expressing concerns about the inherent problems within the judiciary for months. If you value the importance of a clean and efficient judiciary, you have to think beyond the lines of your political party. We reiterate the fact that this is not about MDP and DRP. This is an issue about the future of our nation. That is why we urge all of you, members of all political parties, and citizens who are not affiliated with any party, to work sincerely to ensure a functional judiciary.
The next few days are crucial. Please join Article 285 on Facebook. Meet your Member of Parliament. Express your concern about the JSC failing to do its job. Send letters. Call the members of JSC. Hundreds of phone calls can make a difference. In the next few days protests are essential as well.
http://idhikeeli.blogspot.com/2010/07/weed-out-corruption-from-judiciary.html
Thank you Velezine for enduring even in the face of the impossible. People like you are the only hope and you are far too few.
hameed,dont try to blame Valezini,its time for all of us to SALUTE Ms.Valezini(u like or not)
it's ok for the maldivian public to have people screw them provided the perps outwardly adhere to the rules of conduct deemed appropriate by maldivian society. admit it, the real problem with velezinee is that she has the balls of a man. and that she has the nerve to smoke in public. no 'self respecting' maldivian mother would want their daughter to be like velezinee. no, their daughters ought to be demure little beasts, married to husbands who can provide for them so that the daughters can vegetate in a bedroom populated by soft toys and facebook photo printouts. god forbid that their daughters be independent, witty, passionate, straight talking people. you can't land a good husband with that sort of resume'.
oh yeah.
PS. I HEART YOU VEL.
It is becoming increasingly apparent that there are serious flaws in our constitution itself.
And I'm not surprised about that since the constitution was a result of one group of people trying to ensure Gayoom stays as President after 2008 and another group trying to ensure that Gayoom doesnt get to stay as President.
Why should we have the Speaker of Majilis Abdulla Shahid and the President of the Civil Service Dr Latheef as members of JSC?
What are they doing in the JSC? Such shameless people robbing the Maldivians from having a just judiciary.
I am so glad that we have people like Velezinee in this country standing up so bravely.
If not for her we will never know the issues she has brought up here.
I admire and thank Ms. Velezinee for bringing this very serious issue to public attention. I also commend her efforts to compel the JSC to respect and follow the Constitution. I demand the Citizen's Majlis, as a Citizen of this Country, to ask JSC to suspend re-appointment of judges and investigate the matter. I also ask them to complete the Laws hampering the re-appointment of judges.
“The little weasel was licking drool off his lips and darting his eyes around the room.”
Nice description! An earlier comment from you talked about the front of Hassan Saeed's trouser and complained that it was flat.
I wonder why you did not mention the condition of the 'weasel's" trouser in your description?!
In deed, "Truth" will win eventually ... However for that, it will need the people to be truthful and honest to themselves and others first. All the action that we take individually will in some way effect the community we live in. Individual responsibilities needs to be streamlined first. Otherwise there's no point in complaining and pointing fingers at others.
"when truth is hurled against falsehood, falsehood perishes for falsehood is by it's nature bound to perish"
That's the divine law of our Creator. And no one can change that.
In Almighty GOD we trust. May Almighty GOD bless us and guide us.
Shaya Ali
Well said. Honestly, if not for Velezinee almost nobody would now be aware of how close the country is to securing in place a judiciary that will serve the country very, very poorly for decades to come.
Its sad that whenever anyone speaks out of convention, he or she faces a massive character assassination coup that kills off the real issue...Vel here is working as a one-woman army and sweating in the name of our country and what some people concentrate on is whether shes of high "moral respect"??? amazing!!! wonder those who took that up are of high moral character themselves. sometimes its just a gender issue! if it was a man speaking out noone wud question whether he is of high moral standing!
Focus on the issues my frends, it doesnt matter whether it is Vel or anyone else...if the issue is an authentic issue we shud be working to solve it.
Listening to Vel i for one feel very helpless as this country is now officially gone to the dogs with a disfunctioning Parliament (for which the Speaker shud answer for!) and a judiciary thats in a far worse situation.
vel, we are with you and we salute you for your bravery and hard work.
@ hameed - Shut up! FYI Vel has a masters degree and is a very capable person indeed to even run a country!
@No Questions
"And there is wide spread bribery to buying BMW cars"
Who's the LUCKY guy?
The one who re-painted his BLUE chair yellow and sat on it while the paint was still wet, and got his butt stuck?
Velzini, thank you. You've just begun...
(Vel) said Bella!
I applaud Velezinee for sticking her neck out when most of the rest of the JSC are quietly trying to sink this country into oblivion. I have only heard one other member of the JSC raising concern about this issue. The quality of men we have in the JSC (not to mention the Judiciary or the Majlis!) is a serious embarassment to this country. Of course, many of these people are the products of years of corruption, exploitation and abuse of power, so ethics and morality are not words known to these poorly educated men, who can perhaps be more appropriately described as pawns?
The idea of 'democracy' and 'justice' are new concepts to most people in this country, which have to be explained so that they may understand precisely what these people are trying to do. Keep up the good work Velezinee, you can make a difference!!
We now know that we have people in the JSC who will happily rob their fellow citizen of every right they have. And among them, the speaker of the Majlis and this guy from the Civil Service Commission! No wonder the Civil Service is shot at as well. How can anything function with people like these making decisions?
We need more responsible and public interest minded people to pass Velezinees message, so that every citizen will understand the gravity of the situation, and what these people are trying to do to this country.
I wonder if those naysayers and snarkies hoping to stop our inquiries by talking about "morals" and "character" of our investigators realize, that by serving the needs of corrupt judges and institutions, they are committing high treason against the common citizen.
I'm looking at you, Hameed.
We forget that Gayyoom was able to keep his well oiled regime operating with the full support of an army of puppets.
We removed Gayyoom, but the puppets were firmly rooted in place. Trojan Horses, if you like. They have been quietly doing their dirty deeds, preparing the ground for the fall of this government.
As Velezinee rightly says, this is a deeply intertwined plot. On hindsight, the government should have been more alert to this danger at the very beginning. However, the government focussed all of its energy on getting the country out of a gigantic economic mess, which deserves our total support.
To say that the stakes are high is an understatement. What President Nasheed cannot do now is to somehow agree to a pact whereby all these moles go back to their holes once again. These people need to be rooted out; whether that's by a revolution or by negotiation. There is no other way forward!
"I believe that when the Majlis was suspended, they should have directed the JSC to at least halt what was going on until they have looked into the matter. It is a very serious complaint I have made – it is a very serious allegation. And if that allegation and complaint is unfounded, I am willing to stand before the people, in Republic Square, and be shot."
This sounds like a serious issue!
No thinking man will disagree that in the presence of such issues the Majlis should have asked JSC to halt the process of reappointing judges.
Why didn't Shahid do it then?
Even if the Majlis is suspended, can't Shahid ask JSC to halt the process on his own capacity as the head of the Parliament?
If courts can be opened at midnight, I am sure there must be a way to deal with this sorts of issues even if the Majlis is suspended.
And I wonder what Shahid has to say on this?
Somebody called Velezinee a low class bimbo.
That was a typical manifestation of the destructive, power hungry, class orientated, inhumane mental structure which has so brutally crushed the soul of the Dhivehin for centuries. This structure is what the opposition and their supporters manifest.
It must be eradicated.
It is rather apparent reading this that the courage, the moral fortitude and the mind of Velezinee are vastly superior to those in the opposition.
It is the lot of the small minded, the heartless and souless, the greedy and the cowardly to make character judgements based on a whole lot of trivialities(clothes, language and sexuality.)
The character which is ultimately meaningful, which is necessary to lead the Maldives out of the darkness of greed and injustice, which MUST be in positions of authority for the wellbeing of all, (even for the morally poor opposition who need to be saved from their own self destructive, stupid small hearted selfishness) is one which is able to speak out against tyranny even if it is dangerous to do so. It is one whose capacity for self sacrifice for others is so great, it is able to risk suffering for justice.
True Justice is ultimately grounded in reverence for the sanctity and need for safety of each individual. It is not grounded in selfishness and greed. It is grand, noble, it is truly from the Creator.
False justice, which is the version of justice in the heart of many within the judiciary and the JSC, is very small hearted and of the lowest character and class imaginable. It is greedy, selfish, built on perpetual hunger for vengeance which is a characteristic of selfishness.
As @Bismuth here said, truth will win eventually.
For the opposition. It is not too late to turn and mend your ways. Sacrifice your petty, low down power hungry interests for the well being of your people and you will find that you will be part of something much greater and in the end, even more powerful.
But for this, I would also ask, if one of these power hungry selfish tyrants does give up the selfishness, and gives his stolen money over for development and welfare etc... and changes their ways, please, you must forgive them,,, or else, the impoverishing, self destructive cycle of vengeance and pettiness which has destroyed the collective Maldivian soul and political scene will never end. The power to change exists, it happens rarely, but it does happen.
I am not against Velezinee.
BUT my concern is her "view" that UDHR should be fully implemented in Maldives including the clauses to which Maldives had filed reservations.
Remembering that she is the President's appointee to JSC I have a feeling this 'cleanup' operation of the Maldives Judiciary is a part of a bigger picture as Anni always says - that sends a shiver through my spine.
Apart from that I think she is an "intelligent" lady and she "knows" what she is talking BUT what if ANNI's BIG picture is ALREADY framed and waiting to be displayed at an opportune moment?
Do they want to pose a question of choice to us ultimately with regards to UDHR? I wonder!
I also wonder if the question of a more serious PLOT by Velezinee and the EXECUTIVE who appointed her to JSC should be raised?
Remembering we can never fully implement the UDHR in Maldives I wonder if the 'warm-up' is really worth it?
Reading the Q&A, one gets the impression that all the organs of the State, with the exception of the government are misguided and/or corrupt. We have to accept the fact that the democratic process we are involved in does not require everyone with any responsibility be totally clean and clear; but it does require that institutions and individuals within them act as checks and balances on each other. Mujuthaz Fahumy may not be the cleanest person on earth, but neither is Velezine- and for that matter our president Nasheed also has a criminal record; all we require is for Mujuthaz to be be able to function effectively in the current environment. Do not hold his past and his age and his personality against him-if he acts against the laws of the land NOW, then and only then should Velezine be required to attack him. This country cannot move foreward if we are going to try to eliminate everyone some of us dislike. This hate-mongering has to stop.
@ Ahmed - In my opinion you are very wrong , the government used the economical crisis as a shield to hide their evil plans.
They were actually ruling the country as family fiefdoms appropriating land and property as well as monopolizing finances, commerce and business for individuals and companies affiliated to MDP. This has been the same old story of the former regime.
When MDP was in the opposition they were always yelling regarding the corruption in government and state companies. Do you honestly think it has got better or worse? Or even if someone provide you facts would you believe? Will minivannews use their investigative journalism to look into matters of the government and not only the judiciary and parliament. My foot. No.
This issue that velezinee had come up is of great concern for us as a nation. No sane person can disagree with it. But as aimina said " We need more responsible and public interest minded people to pass Velezinees message, so that every citizen will understand the gravity of the situation, and what these people are trying to do to this country".
The fact is that these people like velezinee or Ibra are not impartial. Majority of the population know where their allegiance is. When they talk in the public they usually have double standards and most of the time ibra will come out to defend the government. Therefore even if they talk of a genuine issue like the judiciary which is of great concern, ordinary people and even intellectuals easily reject their claims.This situation is same with the opposition( we are either yellow or blue )
So what we can do is wait and pray for the establishment of nonpartisan professional groups or individuals who have the courage to come to the public and educate them on democracy and justice. And this should focus on all branches of government.
When I posted on my FB: Is Aishath Velezinee qualified to be a member of JSC? This is one of the comments I got in reply: "I don’t criticize about her qualification and knowledge or experience, but I sense terrible while I saw her on TV, leading street protest against the institution where she belongs too. It’s too bad behaving like that and is a colossal embarrassment for all the Maldivians. That is the weakness of current administration by appointing such a boorish personnel to a government high rank posts.
As some of you may firmly believe Mujuthaz Fahmy shall be disqualified, I believe Velezinee shall be removed from JSC as well.
This is a serious issue raised by Ms Velezini. The same issues were raised by Shuaib, member of JSC.
Should the people still wait looking all the dramas the judges are playing. They are paid with our money. We are working hard to feed these corrupted judges and corrupted parliamentarians.
I think its the time to halt the peace talks and come out to the roads and protest. We should change the judiciary as we did for the government. The same should be done to the parliament.
Lets get out and fight for the democracy..
i don't understand why a competent person like veezinee joined a rich (only financially) person like gasim during 2008 election!!
@ heck
Regarding UDHR ...
Not that I am all for it. But, just a thought.
If France is a country that implements UDHR, yet ban face veils, then, we can also adopt UDHR and ban whatever we want. No?
Seeing Vel on tv I I must say she looks like the x-men mutant Rogue. All she has to do is touch that ugly villain mujuthaaz and drain him of his life force. Mujutarz you may have petrified urself in that judges seat but be careful sitting down all day long .. It may give u the dreaded piles... And when u retire pls take the chair with u, u wretched toad
@ Anni
"Lets get out and fight for the democracy.."
Amen to that! Let's get out and fight for it. After all, we've tried everything from autocracy, theocracy to democracy. But let's not fight for 'democracy'; we need to find a just and suitable system for us. Not something copied from Canada or United States or United Kingdom.
@hameed on Sat, 31st Jul 2010 11:35 AM
Welcome again!...... 😉
"That's your view out of your egocentric desires"
You don't and you can never focus on serious issues raised by Velezinee and goes on parroting same type of trash that comes out of "Blue Forever Mission".
It's not that you don't know the seriousness and truth of these allegations but you are just being funnily deaf,dumb and blind for your own convenience.
"Blue" Hameed! Sorry but you have a very "tiny brain" and a microscopic "tiny little heart" for the nation and for the people.
Instead,you have a HUGE EGO - and suffering from a chronic "blue forever syndrome".
But still thanks and you are most welcome for your comments.... 😉
@Robin on Sat, 31st Jul 2010 2:22 PM
Heck Says: "BUT my concern is her “view” that UDHR should be fully implemented in Maldives including the clauses to which Maldives had filed reservations."
I am totally with Heck on this topic, but still the issues she had raised are serious and very obvious.
What is so great with UDHR? This was passed on December 10, 1948. Well, the same year some poor people was subjected to face the worst nightmares of their life under the watch of these same people.Till date they and their unfortunate decedents are suffering.
Guess what? This "UDHR" is much inferior and unable to cater for the humanity. It's a deceleration only justifying and repealing the rights of some in order to give rights to few fortunate or as they say "enlightened" ones. That's what exactly France and other counties are following.
With rights there shall come responsibilities and limits. We tried to implement these NEW VERSIONS OF FREEDOM, RIGHTS AND PROGRESS, and here we are at this deadlock.
The best and the greatest Universal Guidance for Human Rights,Freedom, Limits & Responsibilities are stated in the Glorious Quran. And that was 1400 years back and still it fits to this age and will be forever relevant for the ages to come.
In Almighty GOD we trust. May GOD bless us all.
@ Sooraj
The world's largest democracy is India. Even after 60 years, thugs and criminals easily get elected to high-profile governments posts.If u are from Indian, my advice is go home and try to put your house in order.
hameed
"When I posted on my FB: Is Aishath Velezinee qualified to be a member of JSC? This is one of the comments I got in reply: “I don’t criticize about her qualification and knowledge or experience, but I sense terrible while I saw her on TV, leading street protest against the institution where she belongs too. It’s too bad behaving like that and is a colossal embarrassment for all the Maldivians. That is the weakness of current administration by appointing such a boorish personnel to a government high rank posts."
NIIICE. A case of "he said she said". Classic defense.
Here, I'll cut through that defense.
When people call a person who is dedicated enough to fight for the rights of the people by any means necessary names like "boorish", it shows how much of an embarrassment they are to the Maldivian People.
It is NOT an embarrassment to fight for the rights of the people.
In fact, the government leadership and judiciary should be comprised of the most fierce freedom fighters and the greatest warriors who fight for the people - for the one legitimate purpose of government is to serve the people.
A person who fights against corruption in his or her institution, risking life and salary in service of the people; is the most greatest of patriots.