Tag: corruption

Comment: In love of democracy

Recent political developments not only confirm that democracy certainly is not ‘the only game in town’ – which is the simple test of consolidated democracy according to political scientists Alfred Stepan and Juan Linz – but also make one doubt whether there has been a completed democratic transition in the Maldives.

Two issues – the increasing inability of the government to generate new policies, and the de jure and de facto sharing and blurring of the powers of the executive with those of the legislature – put into question the transition to democracy.

‘Cash for votes’ in the parliament, the failures of the judiciary, reaction from government to predatory politics, the inaction of the civil society, the unreflective ‘political society’ polarized between two violent tribes, show that games from the authoritarian era can still be the favourites in town.

Failure of institutions VS human failure

Sri Lanka’s foreign minister, who is also trained in law, recently argued that the reasons for the current impasse lie in the institutional design of the 2008 constitution. President Nasheed agreed at a press conference on Wednesday. The unique features of presidentialism are also the institutional reasons for similar political deadlock as argued by others like Linz.

Yet institutionalism is not a sufficient reason – for either evil or good.

For, even perfect or just constitutions may not result in good outcomes or realisations.

As Nobel laureate Amartya Sen powerfully argues in his recent book The Idea of Justice the compliance of people’s behaviour with the demands of institutions is necessary for comprehensive good outcomes.

Wealthy parliamentarians can buy votes, minority parties can filibuster and disrupt parliament’s work, parliamentarians can block legislation and misuse constitutional provisions, authorities can arbitrarily arrest people and bypass due process, judges can be biased, executive can ignore court orders, and oversight bodies can be power-ridden.

To avoid, therefore, ‘justice in the world of fish’ where powerful predators devour the rest, both institutions and behavioral compliance, both processes and substance, are essential.

The persistence of predatory culture

Recent revelations show that predatory practices in the country are shockingly persistent. If what Larry Diamond, who has extensively written on political transitions, describes as ‘predatory society’ is an ideal type, the Maldives may not be far away from it. He describes, and I quote in length from Civic Communities and Predatory Societies:

In the predatory society, people do not get rich through productive activity and honest risk-taking. They get rich by manipulating power and privilege, by stealing from the state, exploiting the weak, and shirking the law.

Political actors in the predatory society will use any means and break any rules in the quest for power and wealth. Politicians in the predatory society bribe electoral officials, beat up opposition campaigners, and assassinate opposing candidates. Presidents silence criticism and eliminate their opponents by legal manipulation, arrest, or murder. Ministers worry first about the rents they can collect and only second about whether the equipment they are purchasing or the contract they are signing has any value for the public.

Legislators collect bribes to vote for bills.

Military officers order weapons on the basis of how large the kickback will be. Ordinary soldiers and policemen extort rather than defend the public. In the predatory society, the line between the police and the criminals is a thin one, and may not exist at all. In fact, in the predatory society, institutions are a façade. The police do not enforce the law.

Judges do not decide the law.

Customs officials do not inspect the goods. Manufacturers do not produce, bankers do not invest, borrowers do not repay, and contracts do not get enforced. Any actor with discretionary power is a rent-seeker. Every transaction is twisted to immediate advantage. Time horizons are extremely short because no one has any confidence in the collectivity and its future. This is pure opportunism: get what you can now. Government is not a public enterprise but a criminal conspiracy, and organized crime heavily penetrates politics and government.

Again, he says that “Corruption is the core phenomenon of the predatory state.”

The problem with such a society is that it cannot sustain democracy.

How to leave Las Vegas

President Nasheed’s government no doubt represents a victory against the forces of predation. However, some reasonable people have questioned whether his government’s recent reaction to predatory politics was legitimately conducted.

Of course, as value-pluralists like Isaiah Berlin remind us, we may take the risk of drastic action in desperate situations. So to give the government the benefit of the doubt, legitimacy aside, it is questionable if the government’s actions such as arrests and fomenting masses will lead to improvement.

Writing about political deadlocks, political scientist Scott Mainwaring has this to say:

“Common among populist presidents, such a pattern [i.e. mobilizing masses] easily leads to escalating mutual suspicions and hostilities between the president and the opposition.”

Moreover, by detaining otherwise predatory characters on questional grounds, we are giving them the benefit of victimhood and making them ever strong and popular. There is no greater tragedy to responsible opposition politics than having predatory characters as the most popular.

To my mind, therefore, there is no alternative to talks as an immediate measure, and strengthening institutions of horizontal accountability such as the Anti-Corruption Commission, the Audit Office, and the judiciary for long haul.

As a discursive yet instrumental tool, government must strengthen its public communication and pressure the parliament into compliance through public sphere.

As a permanent policy, it is time the government took for granted that it is a minority in the parliament, gave way for real negotiations rather than consultations, and got prepared for painful compromises.

Politics after all is the art of the possible.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

Likes(0)Dislikes(0)

AG Suood ‘finds’ letter from speaker of parliament requesting former AG to dissolve a case of MP Nazim

Attorney General (AG) Husnu Suood has claimed to have discovered a letter signed by the Speaker of the Parliament and Dhivehi Rayyithunge Party (DRP) MP Abdulla Shahid requesting a former attorney general dissolve a case against Deputy Speaker and Deputy Leader of the People’s Alliance (PA) MP Ahmed Nazim, who has recently been charged for corruption and bribery.

Suood revealed he had the letter at a Maldivian Democratic Party (MDP) event at Dharubaaruge last night.

Press Secretary for the President Mohamed Zuhair explained that Speaker of Parliament Abdulla Shahid was the executive secretary for the former President Maumoon Abdul Gayoom when he sent the letter.

“The letter was sent to the former attorney general, and Suood managed to find it in his office,” said Zuhair. “It was a case related to 500 [electricity] house meters and one other case, both related to the State Electric Company (STELCO).”

Zuhair further said that People’s Alliance party (PA) leader and MP Abdulla Yamin was the Chairman of STELCO at the time.

“The government will investigate all cases of corruption and will send the matter to the Prosecutor General’s office and present those people before the judges,” he said. “If the lower courts find them innocent, we will take it to the higher courts, to the Supreme Court and if necessary, to the international courts.”

Shahid denied the claims and said he had never sent such a letter to a former attorney general.

“I was not even in a position to send a letter to the former attorney general requesting someone’s case be dissolved,” he said. “When people make allegations like this, they should define it so the accused knows how to respond.”

Nazim did not respond to Minivan News at time of press.

Likes(0)Dislikes(0)

Comment: Leaving Las Vegas

The economy is controlled by a handful of big, powerful dons who have extensive business interests in all major industries. The dons supplement their income through the illicit supply of drugs, prostitutes and other contraband. They have corrupted the institutions of state through bribery and inducements, and their violent street gangs deal with anyone who dares stand in their way.

Sound familiar? Welcome to ‘Sin City’: Las Vegas in the 1960s.

The parallels between post-war Las Vegas and today’s Maldives are stark. We may not have the casinos of the Nevada desert town but we have plenty of our own vices: street gangs, people smugglers and the king of crime: Brown Sugar.

In recent weeks, it has become clear that many of our own state institutions have also been corrupted by powerful businessmen who made their illicit fortunes under Gayoom’s iron-fisted autocracy.

For ordinary folk, Gayoom’s reign often spelled poverty, misery and torture but for a cunning few, close to the dictator. Vast personal fortunes could be made through lucrative oil contracts, drug dealing and racketeering. The friends and family of the former President were effectively above the law.

Things started to go wrong for the dons, though, in 2008, when a new sheriff rode into town. President Nasheed vowed to clean up corruption and cronyism and sell off rotten state assets to private corporations, threatening the dons’ control over the economy.

The criminal king-pins are fighting back. Secret telephone recordings, aired in the media earlier this month, strongly suggest that a handful of powerful MPs, who made their fortunes under Gayoom, have woven a web of corruption around the People’s Majlis and the so-called independent Commissions in order to protect their vast personal wealth.

The police have arrested MPs Ahmed Nazim, Abdulla Yameen and Gasim Ibrahim for allegedly bribing fellow MPs, such as Kutti ‘I need some cash’ Nasheed, to vote against government bills that threaten the dons’ interests. Now the judges, who were appointed by and owe their loyalties to Gayoom, have freed the powerful MPs and barred police lawyers from court.

President Nasheed is engaged in a bitter fight to try and clean up corruption and stamp out organised crime but has few allies outside his own party.

Las Vegas’ history may, though, provide him with hope. In the 1980s, huge corporations moved into town. They bought up the mobster’s gambling dens and replaced them with glittering skyscraper mega-casinos.

The Las Vegas mafia fought tooth a nail to protect their empires – corrupting policemen, bribing judges and murdering opponents to keep the corporations out. They spun a propaganda war, warning that Las Vegas would lose its ‘soul’ if faceless companies took over.

But in the end, the corporations won. Today’s Las Vegas is hardly a testament to moral purity. But the gangsters have been forced out of town and the corruption, drug dealing and the criminal gangs have largely gone with them.

Whether the Maldives’ will win its fight against the mafia remains to be seen. The $400 million upgrade of Male’ International Airport by GMR & Malaysia Airports bodes well – not only will it boost the economy, it will also stamp out a dodgy airline fuel racket allegedly run by companies close to powerful MPs.

The future of the country, and its democracy, hangs in the balance. Will the mafia win out? Or will President Nasheed finally force them into leaving Las Vegas?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

Likes(0)Dislikes(0)

Respect the dignity of the courts, urges Civil Court

The Civil Court of the Maldives yesterday issued a statement calling on the country to refrain from any acts that would smear the respect and dignity of the court, and lead to a loss of public confidence in the judicial system.

The Civil Court’s statement followed a court hearing conducted in the Criminal Justice Court regarding the arrest and detention of People’s Alliance party (PA) Deputy Leader and MP Ahmed Nazim, and ruling Maldivian Democratic Party (MDP) MP Mohamed Musthafa, after the pair were summoned to court on charges of bribing a Civil Court judge and MPs.

Police lawyers in the Crminal Justice Court claimed that both the MPs colluded to bribe a Civil Court judge with US$6000 and a two way air ticket for a trip abroad, and had influenced cases in the Civil Court filed against them.

“After a case is investigated, the deserved sentence shall be passed on judges of this court just like any other citizen, without exemption,” said the statement. “Disclosing information of a case to the media before the investigation is concluded would create doubt and be an irresponsible act.”

The court said that publicising information about a case relating to a judge before it was proven in court, whether it was leaked through an individual, could potentially be considered an attempt to destroy public confidence in the judiciary.

“A large number of cases related to civil rights and various interests are presented to the Civil Court,” the statement said. “Cases that Civil Court judges work on are those related to individuals and cases related to national interest.”

MPs Nazim and MP Musthafa were released by the Criminal Court despite a police requesting and extension of their custody while the investigation was conducted. Police did not mention the name of the Civil Court judge whom they alleged had been bribed.

Likes(0)Dislikes(0)

Parliament ceases to function, while HRCM calls on government to release MP Yameen

Parliamentary Speaker Abdulla Shahid this morning cancelled parliamentary sittings until the government releases MP Abdulla Yameen from MNDF “protection” on ‘Aarah’, the presidential retreat.

The Human Rights Commission of the Maldives (HRCM) has meanwhile issued a statement calling on the government to release Yameen from his ‘protection’ at Aarah.

“On July 15 the Maldives National Defense Force (MNDF) arrested Abdulla Yameen Abdul Gayoom, and since then it has been five days and he has not been presented to court,” HRCM said in a statement.

“He is held in custody against article number 49 of the constitution,” the commission claimed.

“Although he was isolated for his own protection, violating article 49 is unconstitutional, and therefore the HRCM calls on the government to follow the constitution and release Yameen immediately.”

The statement cited article number 48(D), which states that any person arrested should be brought before a judge to determine the validity of the detention period, and claimed that defence forces did not follow the article.

“We note that the defence forces have not attended the criminal court and have ignored the court’s order to summon Yameen to court,” the statement added.

The MNDF told parliament in a letter read out in yesterday Yameen was not being held pending criminal investigation, but for his own “protection” based on “secret” information received on July 15.

In its statement, HRCM claimed that “as the Maldives is a country which has a infant democracy, the people of the Maldives and the government should uphold the constitution and democratic principles.”

The commission said that to ensure people’s confidence in a democratic system of government, it was important to establish a culture that respected human rights, justice, and equality in Maldivian society.

The MNDF maintains Yameen was taken to the Presidential retreat for his own protection and on his request.

However in a phone call with Minivan News, Yameen, who is accused by the government of corruption and treason, claimed the MNDF took him to the retreat forcibly in an attempt to cool the situation in Male’.

Likes(0)Dislikes(0)

Letter on corruption

Bismillahirahmani Raheem

Assalaamu Alaikum wa Rahmathullahiwa Barakhatu.

My name is Ben Abdul-Rahman Plewright. I am a graduate of political sciences from the University of Western Australia.

Though I am not a Maldivian, I feel compelled to refute the claim that the MDP are the ones who have suspended the newly founded Maldivian constitution. The truth of the matter, I here assert, is that it is the other way around.

Oh, and, what is my business interfering in your internal affairs, you may ask? Well, first of all, I am a Muslim, and I take seriously the Hadith that the Ummah is as one body, and the pain of one Muslim should be felt and alleviated by all other Muslims.

Second of all, I believe in what Martin Luther King said,:”Injustice anywhere is a threat to Justice everywhere…”

We are all profoundly interconnected. This is especially demonstrated in my situation since I am married to a beautiful Maldivian woman and I have two half Maldivian children and perhaps a third one on the way.

It was the since arrested parliamentarians and the corrupt judges who suspended the constitution initially by ignoring the separation of powers which must exist between the parliament and the judiciary.

The opposition broke the constitution down, Anni (President Mohammed Nasheed), the MNDF and the MDP Cabinet are struggling to mend the constitution within whatever means they can. He cannot do so strictly within the constitutional framwork as the opposition broke the constitutional framework down.

This move by the MDP and MNDF to eradicate those who disregard the constitution is necessary for the salvation of the long term effectiveness and sovereignty of the constitution. It is the salvation of liberal democracy in the Maldives.

One of the main aspects of the constitution is the independance of the judiciary. When a parliamentarian (Yamin or Nazim or any power-brokers within the parliament) control the judiciary, it is absolutely necessary that the judiciary and that any controlling parliamentarian be removed from power to preserve and restore the separation of power between the parliament and the judiciary (the legislature and the judiciary).

MDP are fighting for the integrity of the constitution, they are not suspending or violating the constitution, the constitution was already destroyed by the parliamentarians and judges who violated it, Anni is fixing it!

This move by MDP and MNDF is necessary for the salvation of the constitution and for the long term realization of democracy in the Maldives.

Please, Dr Shaheed, and anyone else who can, please deliver this truth to the international community so that they will support your struggle to save liberal democracy in the Maldives.

Long live the constitution, thank you MDP for fighting to save the constitution!

Ben Abdul-Rahman Plewright

Likes(0)Dislikes(0)

Comment: Maldives democracy must not go backward

The following article by Dr Hassan Saeed was originally published in UK newspaper The Guardian.

The British tourists who come to the Maldives’ beaches are unlikely to know about the Foreign Office’s warning this week to steer clear of large political gatherings.

But the country’s two-year-old government is in crisis. The resignation en masse of President Mohamed Nasheed’s cabinet at the end of June created a constitutional crisis, leaving the Maldives without a government for two weeks.

The president then unconstitutionally reappointed his cabinet without reference to parliament. Opposition MPs were arrested and only released after a prolonged appeal to the supreme court – after which the governing party called for demonstrations in an effort to make the judges change their mind.

Many Maldivians rejoiced in 2008 when the country held its first fully democratic presidential election following 30 years of suppression, torture and censorship under President Maumoon Abdul Gayoom. Nasheed came to power carrying the hopes of the nation with him that it could achieve full democracy.

This was followed a year ago by the first democratic elections to the parliament. I was a candidate in the first round of the presidential election, and the votes of my supporters decisively contributed to Nasheed’s majority in the second round.

In the same way that a democratic South Africa sent a signal to the world that Africa was changing, the Maldives sent a signal that the Muslim world was changing. Despite the difficulties democracy faces in places like Afghanistan, the Maldives were a powerful demonstration that such transition could be achieved peacefully. Most crucially this was delivered by Maldivians for Maldivians and not at the behest of American foreign policy.

That, too, sent an important message to many other Muslim countries debating their futures that peaceful campaigns to achieve democracy and human rights could work.

However, the Maldives is now again facing a serious challenge to our hard-won democracy less than two years after Nasheed came to power, because he did not win a parliamentary majority. The Maldives constitution establishes a clear separation of powers between president and parliament, but now Nasheed is attacking the right of parliament to effectively scrutinise the executive in a way that he would no doubt have similarly criticised his predecessor for.

The Maldives parliament should be allowed to do its job. It is debating important issues such as the foreign ownership of our international airport and seeking accountability from members of the president’s cabinet. However, we now see opposition MPs being arrested illegally, the army being deployed on the streets and unrest in the capital, Male’.

Nasheed is a former Amnesty International “prisoner of conscience” – yet he has threatened his own parliament and arrested MPs under laws that he himself opposed when he went through his own struggle.

The international community must now play a key role in supporting the right of the Maldives parliament to hold the executive to account. The European parliament has expressed concern about the situation and it has required the intervention of the Sri Lankan president, Mahinda Rajapakse, to bring the two sides together.

William Hague, the British foreign secretary, should intervene: the Maldives are a former British protectorate and last year over 100,000 Britons visited the islands, making Britain the country’s largest tourist market. Nasheed is very close to the Conservative party and was the international guest speaker at their conference last year. The Conservatives have provided him with support in the past, including training activists from his party.

In order to secure continued respect for the president’s role, Nasheed needs to demonstrate full respect for the Maldives’ other institutions. This is the only way to honour the struggle for democracy to which many believed the president had been totally committed.

Two years ago, some in the international community hailed Nasheed as the Mandela of the Maldives because of the way in which he forgave his predecessor, who had tortured and imprisoned him. The tragedy for the Maldives, and for the wider Muslim world, would be for him to take the country backwards to Gayoom’s time.

Dr Hassan Saeed is a former Attorney General and Presidential candidate. He is currently the leader of the opposition-aligned Dhivehi Qaumee Party (DQP).

Original link

Likes(0)Dislikes(0)

Government investigates accused MPs’ “dark and evil schemes”, while UK issues travel advisory

The British Foreign and Commonwealth Office (FCO) has issued a travel warning for the Maldives following recent political turmoil in the country, urging caution around “large political gatherings”, while debate on the political deadlock has spread to the House of Lords in the UK Parliament.

During Question Time, the UK Labour Party’s Lord Foulkes expressed “disappointment that President Nasheed seems to be reverting to the bad habits of his predecessor”, following the detention of People’s Alliance (PA) MP Abdulla Yameen, and urged the government to pressure the Maldives to restore “democratic freedoms”.

Conservative Lord Howell, also State Minister for the FCO, responded that the government was “pursuing full encouragement through our high commission in Colombo and other means to ensure that democratic development continues.”

Nasheed’s restoration of his cabinet ministers was “a step forward”, Howell promised.

Conservative Lord Naseby pointed out that the Maldives “is no longer a protectorate of the United Kingdom… and that being the situation, what role do we have at all to interfere in what is in fact the Maldivian exercise of democracy as they interpret it?”

Yameen meanwhile remains in MNDF custody on the Presidential Retreat ‘Aarah’, although appears free to communicate with the media given that Minivan News was able to contact him yesterday.

The Maldives National Defence Force (MNDF) – and the government – insist that the MP and high-profile businessman is under ‘protective’ custody after demonstrations outside his home last week turned violent.

Yameen has told local media he does not wish to be detained in ‘protective’ custody. The MNDF have also refused to present him before the court on a court order, raising some international eyebrows.

The President’s Press Secretary Mohamed Zuhair stuck to that story, insisting Yameen was being “protected” rather than “detained”.

Zuhair also claimed Yameen’s custodial protection was not unconstitutional, as the opposition has claimed, although Minivan News is still awaiting clarification from government lawyers as to how this is so.

“The MNDF is working absolutely within the constitution,” Zuhair said. “Yameen is being held by the MNDF, not the government. If Yameen is concerned about this he will be able to challenge it in court.”

“Dark and evil schemes”

Beyond the debate over Yameen’s detention, and recent court cases concerning the legality of his arrest along with that of Jumhoree Party (JP) leader Gasim Ibrahim, Zuhair said that given the severity of the allegations against them, neither could be considered prisoners of conscience.

“I cannot describe these people as political leaders – they are accused of high crimes and plots against the state,” Zuhair said.

“These MPs are two individuals of high net worth – tycoons with vested interests,” he explained. “In pursuing their business interests they became enormously rich during the previous regime, and now they are trying to use their ill-gotten gains to bribe members in the Majlis and judiciary to keep themselves in power and above the fray.”

“They were up to all sorts of dark and evil schemes,” Zuhair alleged. “There were plans afoot to topple the government illegally before the interim period was over.”

Zuhair explained that the government felt obliged to take action after six MDP MPs came forward with statements alleging Yameen and Gasim had attempted to bribe them to vote against the government.

The opposition PA-DRP coalition already has a small voting majority, with the addition of supportive independent MPs, however certain votes require a two-thirds majority of the 77 member chamber – such as a no-confidence motion to impeach the president or vice-president.

“In one incident early on in this administration, following the President’s return from Italy, they set up a telephone and a video camera in a committee room in parliament, brought a judge to sit in, and then tried to get two members of the president’s delegation swear on the Qur’an under oath that the President was drinking alcohol,” Zuhair observed.

The privatisation of Male’ International airport had clashed with the vested interests of the accused MPs, Zuhair claimed, sparking the current political debacle.

“Gasim was concerned the new airport might take the charter flights he had intended would be landing at the new airport he is building in Maamagilli,” Zuhair alleged, “while Yameen is a third party supplier of fuel at Male International Airport through the Maldives National Oil Company, which has representation in Singapore.”

The fuel trade is the most immediately lucrative part of the airport deal, Minivan News understands, and is a key reason behind both GMR’s interest and the government’s decision to award the contract to the Indian infrastructure giant. GMR has told Minivan News it will amalgamate the trade under one umbrella, a decision that will likely affect current third party suppliers.

Meanwhile Opposition DQP leader Hassan Saeed, who opposed the airport privatisation and is currently lobbying in the UK for international support for Yameen’s release, “is receiving huge legal fees from both Yameen and Gasim,” Zuhair claimed.

NGOs speak

A coalition of NGOs including Madulu, the Maldivian Democracy Network, Huvadhoo Aid, Transparency Maldives, Maldives Youth Action Network, HAND and Democracy House, meanwhile issued a statement “categorically denouncing the undemocratic actions of the three Powers of the State, at a time when democracy is in its infant stages in the Maldives.”

“We believe recent political and civil unrest is a consequence of these three arms of the State disregarding the spirit of the Maldivian Constitution,” the NGOs said. “We believe a culture of manipulation of the law to infringe upon the rights of one another has developed and that the three arms of the State have failed to give each other due respect.”

“It is not responsible on the part of the parliament, that they should pass laws that undermine the powers of the executive.

“It is unacceptable that the executive, should use its powers to harass and deter the functioning of the parliament, to disrepute the judiciary and to try to exert undue influence on the judicial system.

“The lack of consistency in the rulings of the courts, and actions which undermine the trust of the people in the judicial system are contrary to the high standards which are expected of Judges. We call upon the judiciary to work to restore the people’s faith in the judicial system.

The NGOs added that “other concerned State institutions” have also failed to “give due regard to the situation” and have acted irresponsibly.

The coalition also urged political parties to refrain from bringing violence to the streets, but condemned the security forces “for stepping outside the boundaries of the law with regards to arrest and detention” and the recent distribution of private telephone conversations by the media containing implications of corruption behaviour among MPs.

Between a rock and the Maldives

The government well aware of its status as international darling on climate change, but Nasheed appears willing to risk international censure for the sake of isolating Yameen while the state accumulates evidence in the background. Police were preparing to “make a splash” on the subject, Zuhair hinted.

However even if this evidence is obtained, demands from the international community – and opposition – that the government respect the rule of law and the judicial system, mean the government is faced with the new problem of legitimising its case against the businessmen and opposition leaders, now that allegations of obstruction have been levelled at the judiciary – including, yesterday, from the police themselves.

The government has been urging public respect for the judicial system – and the President’s Political Advisor Hassan Afeef has stated that the government will abide by any rulings from the Supreme Court.

The Judicial Services Commission (JSC), tasked with reforming the judicial system, has three sitting judges as members and vested interests, according to the President’s outspoken member on the commission, Aishath Velezinee.

“Of the 207 of the judges currently in office, 39 have degrees or higher. Some left school before grade seven, meaning they haven’t completed primary school,” Velezinee noted.

In addition there are seven sitting judges found guilty of a criminal breach of trust; five with allegations of a criminal breach of trust; two being prosecuted for an alleged breach of trust; one on trial for sexual misconduct; two have been found guilty of sexual misconduct; one was found guilty for an offence which had a prescribed punishment in Islam; and another who has both been accused of a criminal breach of trust, and found guilty of sexual misconduct – a total of 19 with documented criminal history.

Behind the scenes the executive is racing to nominate new judges before the interim period concludes on August 7, when sitting judges are granted automatic tenure.

However nominations for any new judges will have to be approved by the Majlis, which was cancelled this morning on points of order that developed into a scuffle outside.

“[The MPs] are trying to derail the process,” suggested Zuhair. “They are also panicking because they have no way of knowing who is going to be [implicated] by these corruption charges.”

As for tourists reading the today’s travel advisory urging caution in the capital, Zuhair observed that they “should be happier to know the top dollars they are paying are not being used for corrupt purposes.”

Likes(0)Dislikes(0)

Criminal Court obstructing corruption investigation, police allege

The Criminal Court’s suspension of two police lawyers on “ethical grounds” amounts to obstruction of the ongoing investigation into alleged corruption and bribery in parliament, claims Deputy Commissioner of Police Ismail Atheef.

Speaking on Television Maldives last night, Atheef explained that the two lead detectives on the case, Inspector Mohamed Riyaz and Superintendent Mohamed Jinah, appeared in court on July 9, but the letter from Chief Judge Abdullah Mohamed informing police of the suspension was received two days later.

“If someone is in contempt of the court, action has to be taken immediately according to provision five of the court regulations,” he said, adding that the detectives were not given any warning nor had their conduct in court been noted by the journalists who were present.

“So when this letter came to us, the way police interpret it is that this is an obstruction specifically of  our investigation,” he claimed.

It was the first time that police officers were suspended from the Criminal Court, said Atheef.

The Deputy Commissioner insisted that the suspension was a deliberate obstruction because Riyaz and Jinah, as the two lead detectives and top police lawyers, would have had to appear at court to seek an extension for Nazim’s arrest.

A court official told Minivan News at the time that details of the suspension could not be provided to the media.

”They were suspended due to a case relating to this code of ethics. It is for more than one reason,” he said.

Obstacles

Atheef stressed that police had a good working relationship with the Criminal Court, but began facing difficulties obtaining court warrants in June 2009 when it began an investigation into alleged corruption in the former Atolls Ministry.

Appearing alongside Deputy Commissioner Atheef, the two police lead detectives on the corruption investigation highlighted procedural difficulties faced in their investigations.

The senior officers expressed concern that investigations into “high-profile corruption cases” were compromised at “a very preliminary stage”.

In some cases, Atheef said, police have heard from the public that warrants have been rejected before receiving an official response from the court.

“The suspect knows we’ve asked for a warrant and have been rejected, so he’s free to do whatever he wants,” said Atheef. “We have to appeal and try to get it again but there’s no point.”

Moreover, in the absence of a Criminal Procedures Act, the officers said, there were no “clear guidelines” on how arrests should be made.

While only the Chief Judge Abdullah Mohamed personally issued warrants at present, Jinah argued that it was neither “practical nor reasonable” for one man to bear the responsibility.

Jinah revealed that the Criminal Court gave evidence police presented to seek an arrest warrant to the defence counsel of detained MPs Abdulla Yameen and Gasim Ibrahim.

“In the criminal justice procedure, disclosure of evidence is a completely different stage,” he said. “This happened way before the threshold test to determine whether or not to prosecute.”

He added that the incident had jeopardised the police investigation.

In some cases, said Inspector Riyaz, the media and supporters of the suspect were present when police arrived on the scene after obtaining a search warrant.

Referring to the case of alleged corruption in the former Atolls Ministry, involving MPs Ahmed Nazim and Ahmed “Redwave” Saleem, Riyaz pointed out that Criminal Court was inconsistent in issuing warrants.

“In a case involving two suspects, we requested a travel ban and to check their bank statements,” he said. “But [the court] enforced a travel ban on one and allowed us to check his bank statement. And for the other, [the court] allowed us to get his bank statement but refused to enforce a travel ban.”

On the importance of detaining suspects, Jinah said stopping communication was crucial to preserve evidence.

Moreover, he added, police did not have to go the Supreme Court to confiscate a suspect’s mobile phone.

Drug bust foiled

Jinah, head of the Drug Enforcement Department (DED), said a Criminal Court official informed police last week that a warrant could not be issued for a case involving a kilogram of illegal drugs.

Distinguishing between routine and targeted enforcement, Jinah explained that expediting search warrants was crucial in the latter case.

“This is completely unacceptable,” he said. “I believe the application for the court order should at least be considered. It’s fine if they considered what was in it and said this can’t be done.”

He added that police summoned the court official who relayed the Chief Judges’ answer but he chose to remain silent.

“Now more than a kilo of drugs has gone into Male’,” he said, adding that the court later issued the warrant but “it was no use to us then.”

As investigating judges was outside the police mandate, said Jinah, police have decided to lodge a complaint with the Judicial Service Commission (JSC) regarding the incident.

Likes(0)Dislikes(0)