Tag: azima shukoor

Government pursues legal reforms with cabinet shake-up

The government has appointed Aishath Bisham as Attorney General (AG) to replace Azima Shukoor, who has taken the role of Minister of Gender, Family and Human Rights to oversee legal reforms previously proposed by the government.

President’s Office Media Secretary Masood Imad confirmed that the government had decided to transfer Shukoor as part of commitments to potentially end the use of flogging as a punishment for sexual offences – a practice it previously alleged serves to punish victims of rape and abuse in some cases.

Bisham’s appointment as AG comes as an Avaaz.org petition calling for a moratorium on flogging and better laws to protect women and girls in the Maldives reached more than two million signatures – more than twice the number of tourists who visit the country each year.

The campaign stems from concerns over the Juvenile Court’s sentencing of a 15 year-old girl to be flogged after she confessed to authorities of having consensual sex with an unknown man during investigations into a separate case of abuse.  The abuse was allegedly carried out by her stepfather.

Sources on Feydhoo in Shaviyani Atoll, where the 15 year-old girl originates from, last month told Minivan News that concerns had been raised by islanders since 2009 that the minor had allegedly been the victim of sexual abuse not just by her stepfather, but by a number of other unidentified men on the island.

During her time in the Attorney General (AG’s) Office, Azima Shukoor appealed the court’s decision regarding the minor’s sentence. Meanwhile, international pressure has continued to mount on the government to review the charges against the girl and push for reforms of how sexual offences are dealt with by the local court system.

President Dr Mohamed Waheed’s government has previously criticised the sentence, but warned this week that any form of boycott such as those proposed by Azaaz would serve to setback to the economic opportunities and rights we are all striving to uphold for women, girls and the hardworking Maldivian people in general.”

In a letter published on Minivan News on Saturday (April 6), Avaaz.org Executive Director Ricken Patel insisted that the organisation had not called for a outright tourism boycott.

“What we do stand ready to do, however, is to inform tourists about what action is and isn’t being taken by the Maldives government to resolve this issue and change the law, and to identify those MPs and resort owners who are using their influence to push for positive change – and those who are not,” Patel said.

“Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly,” he added.

Legal reform

The President’s Office has previously expressed hope that punishments such as flogging would be debated by relevant authorities to try and find an amicable solution to the problem.

The Maldives Constitution does not allow any law that contradicts the tenets of Islam, with the criminal charge of fornication outlined under Islamic Sharia.

However, President’s Office Spokesperson Masood previously noted that the Maldives had a tradition of turning away from practices such as the death sentence and various forms corporal punishment that form part of Sharia law.

He said that punishments such as removing the hand of a suspect in the case of theft had not been used since back in the 1960′s.  Masood maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

He concluded that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

Avoiding prosecution

A senior legal expert with experience of working under both the present and former governments has told Minivan News that that while the Maldives Constitution requires that laws in the country do not contradict Islamic Sharia, there were ways of avoiding prosecuting suspects on charges of fornication.

“There are many Islamic legal interpretations that place several conditions to fulfill before a prosecution on fornication be brought forward. Some scholars even go further and argue that hudood offences cannot be practiced in the legal justice systems at the current time,” claimed the legal source, who spoke on condition of anonymity.

“Their argument is that Islamic Sharia is a way of life and you cannot pick and choose which areas you need to implement. Basically, you cannot implement Islamic criminal justice system in its original form when Islamic commercial system or Islamic governance is not observed.”

Despite his government’s stance on flogging, President Waheed’s Gaumee Ithihaad Party (GIP) has recently declared itself part of a coalition with the religious conservative Adhaalath Party (AP), which has publicly endorsed the 15 year-old’s flogging sentence, stating that she“deserves the punishment” as outlined under Islamic Sharia.

The Adhaalath party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the minor for being sexually abused by her stepfather, but rather for the consensual sex which she had confessed to having to authorities.

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Elections Commission to respond after Supreme Court issues injunction on dissolution of parties

The Elections Commission (EC) is to decide on how it is to proceed following Supreme Court’s temporary injunction on the dissolution of political parties.

The court issued the temporary stay order on Thursday (March 14) after Attorney General (AG) Azima Shukoor filed a case claiming that sections of the recently ratified Political Parties Act were in contradiction to the constitution.

Local media reported that Supreme Court had asked all authorities not to consider any party as dissolved until the case is decided.

President of the EC, Fuad Thaufeeq revealed that the commission would make a decision regarding what action would be taken in response to the Supreme Court’s order.

“The commission will sit tomorrow (March 17) to discuss and decide on how we shall proceed. We have to respect and obey court orders,” Fuad told Minivan News via SMS.

The Political Parties Bill – ratified by President Mohamed Waheed on Tuesday (March 12) – states that parties must now meet a minimum of 10,000 members before they can be recognised as such.

Following the bill’s approval by President Waheed, a total of 11 parties were removed of the EC’s political party registry, leaving five to compete in upcoming presidential elections later this year.

When asked whether the EC would now reinstate the parties removed off its registry prior the Supreme Court’s final decision on the case, Fuad stated: “We will follow the court’s orders.”

Out of the 16 parties that had previously existed prior to the ratification of the bill, only the Maldivian Democratic Party (MDP), Progressive Party of Maldives (PPM), Dhivehi Rayyithunge Party (DRP), Jumhoree Party (JP) and Adhaalath Party (AP) remain registered in the Maldives.

EC Vice President Ahmed Fayaz previously told Minivan News that the EC had removed parties that did not meet the required membership amount in “accordance to the law”.

“We followed procedure in accordance to the [Political Parties] bill. Within that bill there is a clause that clearly states, that when a party that has less than 10,000 members it is to become null and void,” he said.

It had been previously reported that upon ratification of the bill, political parties with fewer than 10,000 members would have three months to reach the required amount or face dissolution.

When asked about the clause, Fayaz stated it only applied to registered parties in accordance to the bill, and that therefore if a party does not meet the 10,000 limit it cannot be classed as such and is therefore exempt from the three-month clause.

Attorney General (AG) Azima Shukoor, Director Department of Judicial Administration Ahmed Maajid and Vice President of Elections Commission (EC) Ahmed Fayaz were not responding to calls from Minivan News at time of press.

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AG drafts bill outlining executing death sentence, favours lethal injection

Attorney General Azima Shukoor has drafted a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

Shukoor today held a press conference to provide local media with information about the bill, which is also to be opened for public comment.

The Attorney General’s Office has said that it has looked to procedures followed by Egypt, Malaysia and the US in carrying out the death sentence, while also obtaining the opinions of religious scholars and lawyers when drafting the bill.

With the bill favouring the use of lethal injection to execute suspected criminals, Shukoor said the proposals would be open for public comment for one month.

Court procedure

In the case of a suspected murder trial, the bill drafted by Shukoor obliges the accused to be represented by a lawyer during their trial.  In any case where the accused refuses to have a lawyer, the bill would require the state to provide legal representation for the respondent.

According to the new bill, when the Criminal Court proceeds with a murder case, it would need to have a bench consisting of three judges, one of whom has to have studied Islamic Sharia.

The bill would also oblige the High Court to have a panel of five judges overhearing murder cases, with the Supreme Court required to have a panel of seven judges.

According to the bill, any death sentence cannot be executed without the final judgement of the Supreme Court.

Photographing and filming of any execution carried out by the state would also be deemed unlawful under the attorney general’s proposals.

Should a suspect who is a minor, pregnant or in a critical medical condition be found guilty of murder, the bill states that the execution shall be delayed.

Shukoor also included an article concerning the authority currently given to the Head of State to commute death sentences to life sentences.  The bill noted that AG’s Office needed further time review the matter as the opinions of different experts were inconsistent on the president’s prerogative to commute sentences.

According to the bill, a suspect found guilty of murder would also be provided with the opportunity to meet his family on the day of execution and say their last words.

In October this year, the government has announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

“It is currently a punishment passed by the judiciary and a form of punishment available within the penal system of the Maldives,” said Home Minister Dr Mohamed Jameel Ahmed at the time.

“But for full guidance and matters governing the matter, legislation is required,” he added.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

However, in all cases, the acting president has commuted these verdicts to life sentences.

Judicial concerns

Speaking to Minivan News earlier this month, former Foreign Minister and UN Special Rapporteur on Human Rights in Iran Dr Ahmed Shaheed identified the “pathetic state of the [Maldives] judiciary” as one of the key human rights concerns he believed needed to be addressed in the country.

“[The judiciary] is not only corrupt, but also coming under the influence of radical Islam, even to the extent of violating codified laws of the Maldives and clear international obligations,” Dr Shaheed claimed yesterday.

“Disregard for rule of law has also meant that a culture of impunity is deeply entrenched, rendering many of the human rights of the people meaningless.”

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Attorney General asks for Supreme Court to decide jurisdiction on GMR

The Attorney General Azima Shukoor has said she will ask the Supreme Court to rule on whether the laws of the Maldives can be applied to the government’s agreement with GMR concerning the development of Ibrahim Nasir International Airport (INIA), local media has reported.

Shukoor, who was not responding to calls at the time of press today, said a request was sent following the release of a Supreme Court statement yesterday.

“It is against the International laws and the United Nations Charter that any action that undermines any sovereign right of a sovereign state, it is clear that courts of a sovereign nation has the jurisdiction to look into any matter that takes place within the boundaries of that state as according to the constitution and laws of that state,” read the statement.

“Even though a contract has an arbitration clause giving right to arbitrate in a foreign court does not limit a local courts jurisdiction to look into the formed contract, and it is clear that such limitations are in violation of UN Charters principles of sovereign equality, principle of sovereign non intervention within domestic jurisdiction, principle of self determination rights,” read the statement.

Shukoor told Haveeru that if the case could be dealt with by the Maldivian courts, the process would become much easier.

However, she also expressed her confidence that government would be successful in the arbitration case regarding the Airport Development Charge, which was file by GMR in Singapore.

“We can win the case at the Singapore Arbitration even by biding our time. It is quite certain,” she told Haveeru.

The original agreement, argued Azima, was drafted under UK law although both sides agreed to settle any disputes through third party arbitration.

Arbitration

Third party arbitration is often used in order to gain impartial decisions from international experts whilst avoiding the uncertainties and potential limitations of local courts.

One of the world’s leading arbitration companies, the Singapore International Arbitration Centre (SIAC) gives a number of examples of why Singapore is frequently chosen for international arbitration.

Number one in its list is the country’s strong reputation for neutrality, currently placed fifth in Transparency International’s Corruption Perceptions Index, behind New Zealand, Denmark, Finland and Sweden

The Maldives is currently placed 134th in this list alongside Eritrea, Pakistan, and Sierra Leone.

The Maldives judicial system has also faced issues regarding its political independence since the adoption of the 2008 constitution.

A recent report by the International Federation for Human Rights (FIDH) said that “different sections of the judiciary have failed to become fully independent and still lack adequate expertise.”

“According to testimonies from members of the judiciary met by the FIDH team in Male’, under the successive administrations, no political party has actually ever shown any willingness to establish an independent judiciary since each seems to benefit from the existing system,” said the report.

“Moreover, the judiciary is allegedly under the influence of the business sector. For instance, the member of the JSC appointed by the Majlis is also one of the main business tycoon of the country. His presence in the body overseeing the conduct of judges, as well as the general pressure imposed upon the business sector on the judiciary, has therefore been subjected to controversy,” it concluded.

Both civil society groups as well as the current government have acknowledged the need for stronger independent institutions in the country.

President of the Anti Corruption Commission (ACC) Hassan Luthfee told local media yesterday that one of its three cases regarding the GMR deal was nearing completion.

Luthfee, who has recently questioned the ability of the ACC to fulfil its mandate, told Minivan News last week that a high profile case such as this was not easy for the institution to finish which was likely to result in delays.

“Even an international organization such as the International Finance Corporation (IFC) had provided expertise in this case. So when such an allegation of a major criminal offence has been made we must probe the matter quite extensively. This is by far the most high profile and sensitive case. So we must be certain,” he told Haveeru yesterday.

The IFC was forced to defend itself this week after being described by senior cabinet figures as “irresponsible and negligent” during the INIA bidding process.

Shukoor had said last week that as long as the agreement between GMR and the government is not invalidated, the agreement would be “legally binding” despite a “majority of the people” who wish to “terminate the agreement immediately”.

She also expressed the government’s concern about the effect on investor confidence that may result if the agreement was terminated.

Independent MP Mohamed Nasheed today told local media that, despite indicating its willingness to do so, the Majlis had not at present become a party to the 1958 New York Arbitration Convention which deals with the recognition and enforcement of arbitration awards.

Nasheed argued that the Maldivian constitution requires citizens to act in accordance with international conventions which have been backed by domestic legislation.

He added, however, that the Maldives’ Arbitration Act was still in the committee stage.

Nasheed was not responding to calls at the time of press.

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Government employs Baroness Scotland to challenge legality of “unfair”, “biased” Commonwealth intervention

President Mohamed Waheed’s government spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, in a bid to challenge the Commonwealth’s “biased” stance on the Maldives.

The terms of reference document for the contract, obtained by Minivan News, is dated May 28, 2012 and is signed by both Scotland and the Maldives’ Deputy Attorney General, Aishath Bisham.  It also carries the official stamp of the Attorney General’s Office.

The Maldives was suspended from the Commonwealth Ministerial Action Group (CMAG) – the Commonwealth’s democracy and human rights arm – and placed on its formal agenda after former President Mohamed Nasheed alleged that his resignation on February 7 had taken place under duress.  Nasheed contended he was forced out of office amid a mutiny by police and armed forces, orchestrated by former President Maumoon Abdul Gayoom and funded by several local wealthy resort businessmen.

CMAG swiftly challenged the impartiality of the Commission of National Inquiry (CNI) established by incoming President Mohamed Waheed to examine the circumstances of his own succession, and called on Waheed to hold early elections to restore the country’s democratic legitimacy.

After a number of countries – including the UK and EU – backed the Commonwealth’s stance, the government was pressured into reforming the CNI to include a member of Nasheed’s choosing and a retired judge from Singapore, GP Selvam. The reformed Commission is due to publish its findings in late August.

“The Maldives government is of the view that the Maldives has been placed on the [CMAG] agenda unfairly, and there is a general feeling that the Commonwealth and the CMAG view points are biased in favour of President Nasheed’s allegation of a coup,” the Attorney General’s office, stated in the terms of reference.

“The specific output expected from the assignment is a detailed legal opinion on whether the Maldives was unfairly placed on the CMAG agenda and whether this continuation of being on the agenda is unfair,” the document states. “In particular, the consultant will assess whether the CMAG had acted in contravention of its own mandate and powers and had demonstrated bias in their actions.”

The brief also calls for Baroness Scotland to “review the work of the Commonwealth Special Envoy Sir Don McKinnon and the staff of the Commonwealth Secretariat”.

The contract called for Scotland to spend four days in the Maldives to “review all necessary documentation as well as video footage of events that led to the resignation of President Mohamed Nasheed”, as well as meet “all important stakeholders” including the government coalition, “key figures in the opposition MDP”, Speaker of Parliament Abdulla Shahid and his deputy Ahmed Nazim, the Human Rights Commission of the Maldives (HRCM), Elections Commission, CNI, as well as UN Resident Coordinator Andrew Cox.

Both the UN Resident Coordinator and the MDP said they had not had any meeting with Scotland.

“I think I was away on leave at the time, but I am not sure if my office got an approach for a meeting or not,” said Cox.

Elections Commission President Faud Thaufeeq had not responded at time of press.

“We were not even aware of this woman; she never approached us,” said MDP Spokesperson MP Hamid Abdul Ghafoor.

“Now we hear she was in the Maldives, probably staying in a fancy resort with somebody interesting likely footing the bill. I hope the House of Lords looks into this,” he added.

“It is very disturbing that a member of the House of Lords from an 800 year-old democracy would come to a little banana republic to stir up trouble in league with the plotters of a coup d’état.”

Speaking to local television station VTV, President’s Office Spokesperson Abbas Adil Riza denied the allegations.

“It is not true that the government spent 75,000 pounds on a former British attorney general. It is part of the lies that the Maldivian Democratic Party is spreading,” Riza was reported as stating in Haama Daily.

President’s Office Spokesperson Masood Imad meanwhile told Minivan News “I think that case was handled by [President Waheed’s Special Advisor] Dr Hassan Saeed.”

“[Baroness Scotland] did consult with us during the time CMAG was pressuring us, and we sought legal advice as to how to proceed,” Masood added.

Dr Saeed and Attorney General Azima Shukoor had not responded at time of press.

Minivan News is also awaiting a response from the Commonwealth Secretariat.

Finance regulation violation

The leaked document also includes a letter in Dhivehi sent from the Attorney General’s office to Finance Minister Abdulla Jihad requesting authorisation for Baroness Scotland’s “unprecedented work/expense” following her visit to the Maldives.

“There was no contract made. With this letter we ask if attached terms of reference are sufficient as a contract,” the AG’s office writes.

“This is in violation of the Public Finance Regulations of 11 February 2009, especially sections 8.21, 8.22 and 8.34 where consultancy work needs to assigned on the basis of a contract with specific terms agreed on matter listed in section 8.22 of the regulations,” observed former Maldives Foreign Minister, Dr Ahmed Shaheed.

Regulation 8.22 states that any award of work to be done for the government must be assigned after signing a mutually agreed contract, while regulation 8.21, concerning ’emergency work’, states that such shall only be assigned “after signing a mutually agreed contract stipulating the price and quality of work to be done”.

Furthermore, said Dr Shaheed, “a simple reading of the [Commonwealth’s] Millbrook Action Programme (1995) and the augmentation of that at Perth in 2011 will make it clear that CMAG can list countries on its agenda when the Ministers feel there are violations of the constitution. So it is a fairly straightforward, and clearly not worth 75,000 pounds.”

The bill for Baroness Scotland’s legal services comes at a time the Maldives is grappling with a crippling budget deficit of 27 percent, a foreign currency shortage, plummeting investor confidence, spiraling expenditure, and a drop off in foreign aid.

Story breaks in UK press

Baroness Scotland came under fire in the UK press after the story emerged in the Daily Mail. The Mail established that the peer and former Attorney General had not listed the payment from the Maldives on the House of Lords’ register of members’ interests.

“Her entry says she has set up a firm to provide ‘private consultancy services’ but says it is ‘not trading at present’,” the Daily Mail reported.

In a statement, Baroness Scotland confirmed she had been “instructed by the Attorney General of the Maldives to give legal advice”, and slammed the leak of the terms of reference and “all communications passing between myself and the Attorney General, whether written or oral, pertaining to the nature and extent of that advice, as confidential and legally privileged.”

She additionally claimed to have been approached by both the government and the opposition (MDP), and said she had accepted an invitation to chair a roundtable “at which all parties are to be invited.”

“I am a senior barrister with specific expertise in the area of constitutional law, criminal and civil law reform, and am skilled in mediation,” she explained.

Baroness Scotland was previously scrutinised by the UK press in 2009 after she was found to have been employing an illegal immigrant as a housekeeper in her London home.

As the story emerged, MPs from the UK’s Conservative Party – which has long backed Nasheed and the MDP – seized the opportunity to attack the former UK Labour Party Cabinet Minister.

Conservative MP Karen Lumley told the Daily Mail that is was “disgusting that a former British attorney-general should take a well-paid job advising the new regime, which has no democratic mandate. President Nasheed was overthrown in a coup and the Maldives is now very unstable. Many of my friends there have been arrested by the new regime.”

Conservative MP John Glen told the paper that Baroness Scotland should “hang her head in shame”.

“What happened in the Maldives was a military coup,” he said, adding that it was “outrageous” that the former AG should be “advising a regime responsible for ousting a democratically-elected president.”

Former Maldives High Commissioner to the UK, Dr Farahanaz Faizal, described the government’s employment of Baroness Scotland as “absolutely shocking. If the government wanted legal advice to support the AG’s Office, the proper way is to request the UK government bilaterally.”

“To think that someone of her calibre would undertake an assignment to check if Foreign Ministers of Australia, Canada, Bangladesh, Jamaica, and others of CMAG had acted against their mandate is disgraceful,” Dr Faizal said.
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Broadcasting Commission President Badr Naseer resigns over government’s allegations of “negligence”

President of the Maldives Broadcasting Commission (MBC), Badr Naseer, has resigned after the government accused MBC of negligence following the murder of Lance Corporal Adam Haleem last week.

Attorney General Azima Shukoor had said that the MBC had failed to take disciplinary measures against opposition aligned Raajje TV, alleging Haleem’s death was a result of the station inciting violence against the security forces.

“Institutions that must take responsibility are not doing their job. [We have] to take action against them. The executive will conduct necessary legal work to take such action. We will submit this case to the Majlis. We are also ready to take necessary action through the courts,” she told state broadcaster Television Maldives (TVM) on July 23.

Naseer denied the allegations, claiming consecutive governments had expressed “no interest” in strengthening the MBC. Further, the government’s claims had increased public hatred towards the commission’s members to the point members were unable to walk on the streets, Naseer said in a statement published today.

“The government has shown no interest in strengthening the Broadcasting Commission, and this commission has now become the recipient of government and public hatred. I have been defamed in the process and hence, I do not see any reason why I should spend the rest of my life in this state of psychological and physical danger,” Naseer stated.

Tensions have been on the rise in Malé after Haleem’s death. The government has stepped up verbal attacks on Raajje TV and ousted Maldivian Democratic Party (MDP), pledging to take action against the two parties for “inciting hatred and violence” against security forces.

Police have said they will no longer cooperate with or provide protection to Raajje TV for broadcasting CCTV footage of some police officers, whom the station alleged were “caught on video” while they were stealing petrol from a motorbike parked in a small road in Male’.

The MBC has ordered Raajje TV to broadcast an apology over the report.

Although the MBC was established on April 4, 2011 as an independent state institution mandated with developing and regulating broadcast media, consecutive governments had not provided the necessary technical and human resource needs for the commission to function, Naseer claimed.

The MBC had asked successive foreign, transport and finance ministers for assistance, but had received little response, he added. Furthermore, new President Dr Mohamed Waheed Hassan had not responded to repeated requests for a meeting, Naseer said.

Despite countless requests for a media-monitoring system, the commission at present only had facilities to monitor four TV channels, but had no equipment to monitor content on radio channels, Naseer said.

He raised concern over the lack of a monitoring system, “because we know the importance and dangers of broadcast media given the direction Maldives is taking.”

He said 20 additional TV channels will be established in the Maldives before the next presidential election.

“Although the commission is independent on paper, we have to question how independent the commission can be when the commission’s budget is controlled by the Finance Ministry,” Naseer said.

Naseer defended the commission’s record, arguing that although commission members had worked from around a conference table, they had published several laws and broadcasting standards and ethics, and had taken disciplinary action against broadcast media when necessary.

Explaining his decision to resign, Naseer said: “Instead of harassment and political hatred from the public and government, I want a peaceful life more suited to my age.”

Naseer has worked in state media until he retired at 65 years of age. He was then appointed to MBC with unanimous support from the People’s Majlis.

International non-profit organisation, the committee to Protect Journalists (CPJ), has expressed concerns that press freedom was “deteriorating” under the present government of President Dr Mohamed Waheed Hassan.

“Reports of police brutality against journalists amid political chaos, and a vicious attack for writing about religious tolerance, are disturbing signs that the Maldives is backsliding on press freedom,” CPJ Senior Researcher Madeline Earp wrote on the organisation’s blog.

“[The president] must ensure that journalists are free to report if he wishes to distance himself from [Maumoon Abdul] Gayoom’s legacy and stabilise the nation for elections.”

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EPA report chronology unclear, claims Champa Moosa’s lawyer

An Environment Protection Agency (EPA) report on alleged illegal dredging and reclamation on Kaafu Thun’bafalhu was not clear whether it took place before or after environmental regulations came into force, Azima Shukoor, lawyer for Champa ‘Uchoo’ Mohamed Moosa, claimed in the Civil Court on Monday.

Azima Shukoor, former Attorney General, is contesting that the EPA violated the constitution and the Environment Protection Act by imposing a fine on Champa Moosa.

In June, the EPA labelled Champa an “environmental criminal” for irreversibly damaging the island of Thun’bafushi and the marine ecosystem of Thun’bafalhu and fined Moosa the maximum penalty of Rf100 million (US$6.5 million) for conducting dredging and reclamation works in the area without an Environmental Impact Assessment (EIA).

According to newspaper Haveeru, Azima argued in court that the island or sandbank was leased to Champa Moosa in 1992 while regulations under the Environment Protection Act of 1993 requiring EIAs was put in place in 2007.

Azima further claimed that the EPA provided its report to Champa with chapters missing, depriving the local business tycoon of his right to fully answer the charges.

State Attorney Usham Ahmed however said that the island was leased to Champa in 1997 and read out the first letter sent from the EPA noting the illegal activities on the island and ordering a halt to it.

“When she says they do not know what was done illegally, I don’t know how to make this any clearer,” Haveeru quoted Usham as saying.

Usham said that the EPA met Champa on numerous occasions and offered him opportunities to answer the charges, adding that the report was made available to Champa’s legal team four days after it was requested. Usham noted that Champa Moosa did not request the report before the EPA decided to impose the Rf100 million fine.

Judge Mariyam Nihayath adjourned the hearing after announcing an additional trial date to consider the full EPA report before delivering a judgment, which is reportedly due on September 27.

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Opposition PA leader under military protection “against his will”

People’s Alliance (PA) leader Abdulla Yameen has told local media outlets that he is being held against his will by the Maldives National Defence Force.

The MNDF has claimed Yameen sought their protection after violent clashes between MDP supporters, police and another group outside his house on the evening of July 14.

The leader of the minor opposition party, who was last week released from house arrest by the Supreme Court, had been accused by the government of corruption, bribery and treason. The MNDF have refused to present Yameen in court, despite an order from the Criminal Court on July 15.

The government has meanwhile said it intends to monitor the judiciary to ensure corruption does not obstruct the judicial process.

Speaking to private broadcaster DhiTV from the Presidential Retreat ‘Aarah’ last night, Yameen said he was contacted repeatedly by Chief of Defence Force Moosa Ali Jaleel and told that the army had orders to take him under protection by force if necessary.

Providing his account of the incident, Yameen stressed that he refused the offer of protection and requested that security forces control the crowd outside his residence.

He added that Moosa Jaleel informed him between 12:00am and 1:00am on Wednesday night that MNDF had “no choice” but to take him under military guard.

Yameen said he was at PA MP Ahmed Nazim’s house at the time when crowds began gathering outside his residence.

“MNDF suddenly somehow knew that I was at Nazim’s house and MNDF soldiers came and took over the whole area,” he said. “They started banging on the door and threatened to come in. Finally, my lawyer Abbas Shareef who was outside called me and said they have warned that they will break down the door and charge in if I did not come out.”

As he was a guest at Nazim’s house and did not wish to “dragged away so inhumanely”, Yameen continued, he left with the officers because “I was forced to and did not have any choice.”

Yameen, former Trade Minister and younger brother of former President Maumoon Abdul Gayoom, strongly criticised the government’s handling of the political unrest in the capital.

“Imagine, every night they come out and smash and destroy so many places,” he said. “What about the rights of my neighbours? It wasn’t just my house that was damaged. What about the children that are traumatised?”

Yameen called on the security forces not to be “too concerned with one individual” and ensure the safety of the public.

“They know who it is that come out like this every time and holler,” he said. “They will do well to take legal action against those people. In no event should they have to neglect maintaining peace and all the soldiers come and protect me.”

Yameen and Nazim along with MP Gasim Ibrahim is currently under investigation for alleged corruption involving “cash for votes” in parliament.

A press release issued by the President’s Office on Thursday states that the unrest was precipitated by an attack on the ruling Maldivian Democratic Party (MDP) rally on Wednesday night.

It adds that a group of people tried to incite violence and attacked participants at the rally.

In his weekly radio address on Friday, President Mohamed Nasheed said the government was “forced” to isolate political leaders after considering the consequences of inaction.

“Therefore, the isolated individuals will remain so for now,” he said. “The government has now decided to carry on with this.”

The Maldives was experiencing “teething pains” with the present political crisis, Nasheed continued, as multi-party democracy was in still in its infancy.

“When we mature for such a system, we have to always accept that we have to face a number of things that are inevitable and unanticipated,” he said. “I want to assure citizens, we have complete confidence that we can face this. We see the bigger picture. We know the difficulty we are facing today. God willing, we will emerge from it, and no matter how hard the road we have to walk, I have complete confidence that we can walk down it.”

Despite Nasheed’s apparent confidence in resolving the country’s political deadlocks lawfully and peacefully, the outbreak of violence has drawn the attention of international bodies such as the UN.

UN Secretary-General Ban Ki-moon issued a statement “urging all political parties to restrain those who promote violence and confrontation, and to resolve their differences through dialogue.”

“Political rivalries should not be allowed to jeapardise the significat gains the country has registered in democratic reform,” Ki-moon said, pledging the assistance of the UN in resolving the situation.

The UN “recogises the positive steps taken by the Maldives to advance democracy in recent years, and underlines the importance of cooperation and accomodation among the various political actors as an essential ingredient of building democracy,” the statement read.

The United States has meanwhile urged the Maldives to accept offers of mediation from the international community to resolve the political crisis.

“We call on all sides to refrain from violence and to come together to resolve disagreements through dialogue,” the US Embassy in Colombo said.

US Ambassador Patricia Butenis and Sri Lankan President Mahinda Rajapakse have already held mediation sessions in the country to resolve a deadlock between the executive and what President Nasheed has described as “elements within parliament.”

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Police investigate leaked audio clips

The Maldives Police Services has begun investigating the leaked audio clips of suspected telephone call conversations believed to be the voices of Independent MP Mohamed ‘Kutti’ Nasheed, People’s Alliance party (PA) leader and MP Abdulla Yameen Abdul Gayoom and Jumhoory Party (JP) leader and MP Gasim ‘Buruma’ Ibrahim, confirmed Press Secretary for the President, Mohamed Zuhair.

On July 4, three recordings of discussions between MPs referring to other MPs and officials, including a plan to cease work on the tax bill in the parliament, appeared on the internet and scandalised the Maldivian media.

Zuhair said he met with police officers this morning and that police informed him the investigation was progressing.

“The audio clips also raise issues of threats against the Anti-Corruption Commission (ACC),” Zuhair added.

A corruption case presented to parliament against former Auditor General Ibrahim Naeem was instrumental in ousting the AG in vote of no-confidence, days after he publicly demanded a financial audit of all current and former ministers.

Police Sub-Inspector Ahmed Shiyam said that police received the audio clips through the media and that they would be analysed and investigated.

“Police do not record the telephone conversations of people,” he claimed, but declined to provide further information.

Aishath Azima Shukoor, former Attorney General and a member of the legal team defending the detained MPs, noted that article 24 of the constitution promised “respect to personal communications” and that recording a personal telephone call was “unlawful according to the constitution, and that any evidence collected unlawfully cannot be presented to court as an evidence.”

“The audio clips would be inadmissible,” said Shukoor. “I do not believe that media can broadcast the audio clips either.”

Groups of pro-government demonstrators have been playing the clips through loudspeakers outside the court proceedings.

Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan recently told Minivan News that there was an MNDF officer who’s duty was to operate a telephone call recording machine.

“He records our telephone calls and handles it to (former) Defence minister Ameen Faisal,” said Nihan.

Dr Hassan Saeed, who is also a former Attorney General and member of the opposition leaders legal team, said he was busy and unable to comment to Minivan News at time of press.

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