Tag: Attorney General

Supreme Court gives green light for Majlis polls despite missing candidate signatures

The Supreme Court has advised the Elections Commission (EC) that Saturday’s parliamentary elections can go ahead despite 16 independent candidates not signing voter lists for 13 electoral constituencies.

The court advised that candidates refusing to sign voter lists during the period offered by the commission without raising any concerns through the official complaints mechanism “would not be an obstacle” to conducting the polls, the EC said in a press release today.

“Therefore, the Elections Commission has decided that the 18th parliamentary election will be held as scheduled on Saturday, March 22, 2014,” the press release stated.

The EC sought counsel from the apex court this week after 16 out of 114 independent candidates did not sign the voter lists. All 188 candidates representing political parties had signed the lists by noon on Sunday.

Obtaining signatures of candidates on the voter lists used at polling stations was among the 16-point guideline imposed on the EC by the Supreme Court in its judgment annulling the first round of the presidential election held on September 7 last year.

A revote ordered by the Supreme Court for October 19 was obstructed by the police hours before polls were due to open after Progressive Party of Maldives candidate Abdulla Yameen and Jumhooree Party candidate Gasim Ibrahim refused to sign the voter lists.

On the morning of October 19, police officers prevented EC staff from taking any election-related documents out of the commission’s office.

The police commissioner then informed EC members that the Maldives Police Service would not support an election held in contravention of the Supreme Court guidelines.

The Supreme Court however advised the EC yesterday that submitting complaints regarding the eligible voters registry during the window offered by the commission was the “legal responsibility” of candidates.

A candidate refusing to sign the voter list without officially lodging complaints would not affect either the legitimacy of the election or decisions made by the EC, the Supreme Court stated.

None of the 16 independent candidates who have yet to sign off on the voter lists have reportedly submitted any complaints.

The Attorney General has meanwhile advised police to cooperate with the EC in conducting the polls despite the 16 missing signatures.

The local council elections on January 18 also took place as scheduled despite candidates signing voter lists for just 81 out of 464 ballot boxes.

Of 543 independent candidates, only 147 candidates had signed the lists.

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AG withdraws from non-cooperation case against Raajje TV

The appeal case concerning the President’s Office’s refusal to cooperate with private broadcaster Raajje TV has been withdrawn by the Attorney General’s (AG) Office.

The office is quoted as saying in local media that the case was withdrawn because it was not the policy of the government to work against any media outlet.

An official from the AG’s office was quoted in online newspaper CNM as saying that the government’s policy was to provide equal opportunity to all media outlets.

On April 14, 2013, the Civil Court ruled in favour of the Maldivian Democratic Party-aligned Raajje TV after the President’s Office had barred the station from the then-President Dr Mohamed Waheed’s press conferences and functions.

The office told parliament’s government oversight committee that Raajje TV was not invited to press conferences as the station did not fit the criteria or standards of reporting set out by the President’s Office.

The policy of the President’s Office was to invite “responsible and experienced” media outlets, which included private broadcasters DhiTV and VTV, state broadcaster Television Maldives (TVM), newspapers Haveeru and Miadhu, as well as internet publications Sun Online and Minivan News.

The Civil Court ruling was subsequently appealed at the High Court by the attorney general.

At the time, the Maldives Media Council also asked the prosecutor general to press charges against the President’s Office over what it found to be discriminatory treatment.

Raajje TV’s dispute with the President’s Office followed a similar disagreement with the Maldives Police Service (MPS) in 2012, during which police announced that they had stopped cooperating with the local broadcaster, alleging the station was broadcasting false and slanderous content which had undermined the services credibility of the MPS.

On February 5, 2013, the Civil Court ruled that a decision by the police to cease cooperating with opposition-aligned TV station Raajje TV was unconstitutional.

Raajje TV’s main studios were destroyed last October in a premeditated arson attack carried out by a group of masked men. After the police’s role in the incident was criticised by Reporters Without Borders, the Police Integrity Commission recommended charges be filed against two unnamed officers.

The station has also been the subject of a Supreme Court-ordered investigation into its alleged criticism of the court’s rulings. In December, police requested the Prosecutor General press charges against both the News Head of Raajje Television Ibrahim ‘Aswad’ Waheed and the Deputy Chief Executive Officer of the Station Abdulla Yameen Rasheed.

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Attorney General refuses to attend parliament committee regarding revenue bills

Attorney General Mohamed Anil has refused to attend the parliamentary committee tasked with reviewing revenue bills after being summoned to a meeting scheduled for Tuesday.

The rejection letter sent to the parliament secretariat argued that the bill of amendments to the Tourism Act and T-GST [Tourism Goods and Services Tax] bills include policies compiled by the Economic and Youth Council of the cabinet.

Anil stated that the only role played by the Attorney General’s Office had been to draft the bills as directed by the council.

“As this office has no comments to make on the content of these bills at this moment, I respectfully inform you that I excuse my office from sending staff to attend the meeting we have been invited to,” a parliament official quoted the letter as saying.

Opposition Maldivian Democratic Party (MDP) MP Ahmed Hamza has suggested that the absence of the Attorney General (AG) suggests disapproval of government policies.

Upon forming a government late last year, President Abdulla Yameen divided his cabinet into two sub-divisions – a social council and an economic council.

Government aligned parties have initiated special sessions of the parliament in order to extend the duration in which bed taxes can be charged, and also to increase T-GST. The government has also proposed to take full payments as lease from resorts that have extended their contracts.

President’s Office Spokesperson Ibrahim Muaz Ali stated that, while the attorney general’s reasons for refusal are “absolutely clear”, the cabinet has thus far not decided whether it will hold discussions on the relevant policies with the parliament committee.

Ruling Progressive Party of Maldives (PPM) MP Ali Arif – who sits in the committee tasked with reviewing the revenue bills – stated that he would be able to further comment on the matter after deliberations with the attorney general.

“What the AG has actually said is that he has already provided his views on the matter to the cabinet’s Economic Council, and therefore he declines from attending the committee to present the same views,” Arif stated.

Opposing view

An opposition MDP member in the same committee has interpreted the AG’s refusal to attend the committee meeting in a different light.

“Reading between the lines, MDP feels that the AG refused to attend as he does not agree with some of the things proposed by the government,” MDP MP Ahmed Hamza told Minivan News today.

“One of the things we feel he disagrees on is the government’s proposal to change the payment terms for resorts, to cancel the extentions granted to payments in breach of what the government has previously agreed with resort owners,” he continued.

“The other thing is the bed tax. The law says bed tax charges are to be ceased from December 31, 2013. The government is now proposing to continue taking it from January 1, 2014, but there is no law to support this. We feel the AG does not support taking this in retrospect after a law is formed now,” Hamza stated.

The AG, Mohamed Anil, was not responding to calls at the time of press.

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Death penalty implementation “not advisable” without cabinet, parliament approval: AG

Implementation of the death penalty “is not advisable” without cabinet and parliamentary approval, Attorney General Mohamed Anil has told local media.

Last week, Minister of Home Affairs Umar Naseer ordered the Maldives Correctional Services to prepare for the implementation of the death penalty through lethal injection, despite the lack of laws administering capital punishment.

Naseer said he had sought advice from Anil before signing the order, but Anil refused to comment on the matter.

Instead, he said Naseer’s order had not been discussed in the cabinet. Anil has called for an advisory mechanism within the cabinet stating that the president of a Muslim country bears a personal responsibility in the implementation of death sentences.

“It is crucial that there is an established mechanism through which the cabinet of ministers has a role, and the president gets the opportunity to make an informed decision about the matter. However, the order recently released by the Home Minister was not conducted through such a process,” Anil said.

The best method to implement death penalty is through legislation passed by the parliament, he added.

Although the current legislative framework does not mandate legislation for the implementation of death penalty, Anil said broad and in-depth discussions needed to take place before the change in policy.

Since 1954, Maldives has had a moratorium on the death penalty, with the president commuting death sentences to life imprisonment.

“When we are bringing about such a huge change in policy, there are discussions that we must undertake within the cabinet, as well as with the Parliament. I do not believe it is the best thing to do to implement such a sentence at this moment without first going through these motions,” he said.

Former Attorney General Azima Shakoor had drafted a bill on the administration of the death penalty, but the government does not have a time frame to submit the bill to parliament, Anil said.

Once the parliament passes the bill, the death penalty can be implemented in retrospect, he added.

High crime rates in recent years has lead to widespread public support for the death sentence, Anil claimed.

“The rate of crime is rapidly increasing in the Maldives. This includes crimes of a heavily serious nature. Things are escalating to the point where individuals do not even hesitate when committing crimes,” he said.

“Therefore, I believe that the best medium through which we can get the general public’s view on the matter is through the parliament. It is imperative that the parliament holds a debate and comes to a decision on the matter.”

Anil also highlighted the importance of a responsible justice system, pointing out that implementation of such a sentence is in nature an irreversible act.

Minister of Home Affairs Umar Naseer said he wished to refrain from commenting on the matter at this stage.

Naseer’s order followed the passing of the death sentence on Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP Dr Afrasheem Ali in October 2012.

President Abdulla Yameen told local media on Friday that Naseer had released the order under his mandate, but without prior discussion with the cabinet. The cabinet would hold in depth discussions about the matter before coming to a final discussion, he added.

Meanwhile, Amnesty International has called on the Maldives to halt any plans to end the current moratorium on the death penalty, calling such moves “a retrogade step and a serious setback for human rights in the country”.

In May 2013, the UN country team also called for the abolition of death penalty in the Maldives, stating “in view of the country’s more than 50 year moratorium, the UN calls upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty”.

The last execution in the Maldives was the death of  Hakim Didi in 1954 who was sentenced to death for practicing black magic.

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AG’s Office announces hundred day roadmap

Halfway through the first hundred-days of President Abdulla Yameen’s government, the Attorney General’s Office has announced its ‘hundred day objectives’, joining various other state institutions that have announced such plans within the past fifty days.

The AG Office’s ‘hundred-days plan’ consist of seven objectives, including the providence of legal assistance to institutions in achieving their hundred-day goals. Three separate ‘five-year road maps’ targeting to ‘strengthen’ the civil justice system, the criminal justice system and the constitutional, legal and judicial system is to be formulated within the first hundred-days of the new administration.

In addition to this, the legislative agenda of the new government – listing the bills to be introduced by the government – and the strategic plan of the AG’s Office for the next five years will also be ready within this period, according to the roadmap revealed yesterday.

The AG’s Office also plans to prepare for awareness and training programs to be carried out with the implementation of the new penal code.

Other institutions that have announced hundred-day plans include the Ministry of Transport and Communication, the Department of Immigration and Emigration, the Maldives Police Services, Maldives Customs Service, Maldives National Defense Force, the Ministry of Environment and Energy and the Ministry of Education.

The hundredth day of President Yameen’s government will be 26 February 2014.

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New Attorney-General appointed

The new Attorney-General, Uz Mohamed Anil, took his oath of office on Thursday evening at the President’s office.

Mohamed Anil was appointed by President Abdulla Yameen Gayoom, and took his oath before Supreme Court Judge Uz Abdulla Areef.

Mohamed Anil will also sit on the Judicial Service Commission (JSC), as per Article 158 (i) of the Constitution.

This marks the final appointment of the President’s Cabinet.

President Yameen’s Cabinet
Minister of Defense and National Security, Retired Colonel Mohamed Nazim
Minister of Finance and Treasury, Abdulla Jihad
Minister of Tourism, Ahmed Adheeb (PPM)
Minister of Foreign Affairs, Dunya Maumoon (PPM)
Minister of Transport and Communication, Ameen Ibrahim (Jumhoree Party)
Minister of Home Affairs, Umar Naseer
Minister of Islamic Affairs, Sheikh Dr Mohamed Shaheem Ali Saeed (Adhaalath Party)
Minister of Housing and Infrastructure, Dr Mohamed Muiz (Adhaalath Party)
Minister of Fisheries and Agriculture, Dr Mohamed Shainy
Minister of Economic Development, Mohamed Saeed (Jumhoree Party)
Minister of Environment and Energy, Thoriq Ibrahim
Minister of Education, Dr Aishath Shiham (PPM)
Minister of Health and Gender, Dr Mariyam Shakeela
Minister of Youth and Sports, Mohamed Maleeh Jamaal (PPM)
Attorney General Mohamed Anil

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No-confidence motion delayed after Attorney General calls in sick

Speaker of Parliament Abdulla Shahid has postponed the no-confidence motion against Attorney General (AG) Azima Shakoor, initially scheduled for today (October 28).

According to Majlis officials the speaker made the decision to delay for two days after Shakoor informed him that she was unwell and not able to attend the parliament session.

Article 101(b) of the constitution states that cabinet members must be given at least fourteen days notice of any debate concerning no-confidence motions against themselves, and that the individual has the right to defend themselves – both verbally and in writing – in the sittings of the People’s Majlis

Parliament received the motion on September 25, with the ensuing notice to the AG being delivered on October 1.

The motion has now been rescheduled for October 30.

Cabinet members against whom no-confidence motions are raised are allowed to sit in in the parliamentary debate on the matter. At the sitting, they are given the opportunity defend themselves against the claims raised.

An official from parliament stated that it was the cabinet minister’s decision whether or not they used the opportunity to defend themselves. He said that,while the parliament could proceed with the motion even though the minister is unable to attend, it is at the discretion of the speaker to decide to postpone the motion.

Parliament Speaker Abdulla Shahid and Consul General Fathimath Filza were not responding to calls at the time of press.

The no-confidence motion was submitted to the parliament on September 25 with the signature of 26 Members of Parliament (MPs) – 16 more than is stipulated in the constitution’s article 101(a).

The opposition Maldivian Democratic Party (MDP) previously decided to pursue a no-confidence motion against the AG during a contingency meeting of the party’s National Council on September 20 .

During the debate, MDP MP Ahmed Sameer announced that the party’s parliamentary group had prepared a no-confidence motion against the AG, contending that she had neglected her duties and had advocated on behalf of a political party against the Elections Commission (EC), a state institution.

Meanwhile, Progressive Party of Maldives (PPM) Parliamentary Group’s Deputy Leader Moosa Zameer at the time said that the party would not support the removal of a former council member of the party.

However, with the support of at least six out of ten MPs of the Dhivehi Rayyithunge Party (DRP) – which has pledged support to MDP presidential candidate and former President Mohamed Nasheed in the upcoming election – the MDP would have enough votes in parliament to pass the no-confidence motion.

AG Shakoor was approved to her post by 38 votes in favour in parliament on July 31, with 31 MPs having voted against.

Formerly the lawyer for PPM leader and former president Maumoon Abdul Gayoom, Shukoor was initially appointed AG by sitting President Dr Mohamed Waheed after the controversial transfer of power in February 2012.

She was later reassigned as Minister of Family, Gender and Human Rights – an appointed which subsequently failed to gain the approval of parliament, before the President Waheed re-appointed her to her former position as AG.

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No-confidence motion against Attorney General tabled for Monday

The no-confidence motion submitted in parliament against Attorney General Azima Shakoor has been tabled for Monday (October 28), reports local media.

The motion, with 26 MP’s signatures, was received September 25, said the parliament secretariat.

Shakoor was notified on October 1 that parliament will be debating the no-confidence motion against her.

Constitutional article 101(2) requires 14 days notice be given to the cabinet member in question and that individual will have the right to defend themselves both verbally and in writing.

The Maldivian Democratic Party’s parliamentary group is also seeking to move no-confidence motions against Defence Minister Mohamed Nazim, Parliament’s Deputy Speaker Ahmed Nazim, Prosecutor General Ahmed Muizzu and Tourism Minister Ahmed Adeeb for their roles in the government’s attempt to stall the presidential election, reports Haveeru.

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Maldives High Court overturns flogging sentence for 15 year-old charged with fornication

The High Court has today overturned a Juvenile Court decision to sentence a 15-year old to 100 lashes after she was charged with fornication.

The case of the minor, who was previously found to have been a victim of sexual abuse, has garnered global media attention and condemnation from numerous human rights groups.

At the same time, an online petition calling for her sentence to be revoked has been being signed by over two million people.

Despite today’s hearing being held behind “closed doors” (as per Article 42 of the constitution), the High Court later released a statement with details of the verdict.

According to the statement, the High Court decided to revoke the minor’s sentence after she denied confessing to having consensual sex with an unknown partner during the Juvenile Court trial.  Authorities previously said the minor had confessed to having consensual sex during a separate investigation into her sexual abuse.

According to Islamic Fiqh scholars, a confession of fornication can be retracted before the resulting sentence is carried out in full, the High Court statement added.

It was further noted by the court that there were discrepancies in the statement given by the girl to the Juvenile Court. The High Court concluded the minor, found to be suffering from post-traumatic stress disorder, was also unable to correctly define pre-marital sex according to the law.

The High Court argued that its verdict had been based on the evidence that the girl was ‘unfit for trial’ during investigations into her alleged abuse and the subsequent Juvenile Court hearings against her.

The court said that the minor had provided her original statement in the capacity of a ‘victim’ and not a suspect, and that authorities had therefore not given her the fundamental rights legally required of a suspect in a crime.

The statement concluded by saying that the panel of judges presiding over the case did not believe that the Juvenile Court had enough evidence to prove beyond any doubt the charges against the girl.  ‘Hadd’ sentences cannot be issued unless a crime can be proved beyond any doubt, the High Court argued.

To date, the girl remains under the care of the state, serving the sentence of house arrest at the children’s shelter on Vilimale’.

Successful appeal

The High Court verdict was issued after the conclusion of an appeal case against the Juvenile Court’s ruling, which was submitted by the Attorney General’s Office on March 27.

In January, the Prosecutor General’s Office claimed that charges of fornication had been raised against the girl “after extensive assessment of the case”, and that they had “no intention of reversing the decision”.

According to local media, Attorney General Azima Shakoor and officials from the Human Rights Commission of Maldives (HRCM) were present at the closed door hearing held today (August 21).

Vice President of the HRCM, Ahmed Tholal, stated that the commission had worked to protect the victim from the beginning of the case.

“It is due to the negligence of all state authorities that the case went as it did, subjecting her to an undeserved sentence while she was already a victim of abuse,” he said.

President’s Office Media Secretary Masood Imad described the High Court ruling as a “fantastic” development that he believed vindicated President Mohamed Waheed Hassan’s stance to have the flogging sentence overturned through the Maldives’ court system.

“The president has continued to stress his intention of having the case overturned by following the process of law. He has got it done by law, which is fantastic,” he stated.

Masood added that the government’s determination to have the sentence overturned was “typical” of President Waheed’s tenure as head of state since coming to power in February 2012.

Asked what impact today’s judgement might have on the government’s previously stated commitment to overseeing legal reforms of the treatment of sexual abuse victims and the use of flogging as a punishment, Masood requested contacting the Attorney General’s Office.

Attorney General Azima Shakoor was not responding to calls at time of press.

Victim accused

In June 2012, the victim gave birth to a baby that was later discovered buried in the outdoor bathroom at her residence. Her stepfather was subsequently charged with sexual abuse of a child, possession of pornographic material, and committing premeditated murder.

Meanwhile, her mother was charged with failing to report child sexual abuse and with concealing a crime.

In January, an official of the Prosecutor General’s Office stated that the charges of fornication were levied in relation to a separate offence of premarital sex that had emerged during the police investigation into the baby’s death.

Sources from Feydhoo, in Shaviyani Atoll, where the girl is from, previously told Minivan News that islanders had raised concerns regarding the minor as far back as 2009. Local people were said to have suspected that the girl had been the victim of sexual abuse, not just by her stepfather, but also by a number of other unidentified men from the island.

The Attorney General’s Office appealed the case on March 27.  The announcement was made on the back of appeals from international human rights advocacy organizations and Avaaz.org, which launched an online petition – gaining over two million signatures.

The UN at the time released a statement which noted allegations that the child had been a victim of long-standing sexual abuse:

“Under international legal human rights obligations of Maldives, corporal punishment, including flogging, amounts to cruel, inhuman or degrading punishment or even to torture.”

Meanwhile, the religiously conservative Adhaalath Party, which heads the Ministry of Islamic Affairs in the current administration, previously declared that the 15 year old rape victim “deserves the punishment”.

“The purpose of penalties like these in Islamic Shariah is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts of torture,” said the party.

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