Tag: corruption

Leaked voice clips may be ‘conversations between friends helping each other’: Yameen

Three recordings of discussions between Majlis members referring to other members and officials, including a plan to cease work on the Tax bills in the Majlis, have appeared on the Internet.

The People’s Alliances party (PA) leader Abdulla Yameen Abdul Gayoom told Minivan news this afternoon that a voice in the sound clips might be his, but the conversations were ”not to borrow money to bribe MPs… [rather] As friends, we might help each other,” he said.

Yameen said the discussions ”would be a recording of a telephone call”, and were potentially taped by either the Police or by the Maldives National Defence Force (MNDF). ”We have sent a letter to the telecommunications authority to clarify whether they gave permission to record any of their telephone calls,” he said. ”It is unlawful to record private phone calls.”

However, the Police denied Yameen’s claims. ”The Police will never record anyone’s phone calls,” said sub-Inspector Ahmed Shiyam. The police had no connection with the leaked voice recordings, he said.

The People’s Alliance party secretary-general Ibrahim Shareef said that he could not say whether the voice in the clips was Yameen’s. ”Personal calls should not be recorded,” Shareef said. ”We do not have anything to say regarding this. Yameen himself will be the best person to ask. This is a personal issue.”

Jumhooree party leader MP Gasim Ibrahim did not respond to Minivan News’ calls at the time of publication.

The second recording below is between the South Kulhudufushi MP Mohamed ‘Kutti’ Nasheed and MP Gasim Ibrahim, according to ‘Kutti’ Nasheed’s personal blog. Nasheed says that the request for cash from Gasim was made months ago. In his blog, Nasheed denies that the cash had anything to do with voting in the Majlis.

Recording:1 Transcript below | Audio in Dhivehi – mp3 file

Voice1: We have the original now.

Voice2: So if we put this through the ACC [Anti-Corruption Commission] tomorrow morning, how soon will the ACC release a statement?

Voice1: It should be released tomorrow. They are coming tonight. Two ACC commissioners are in Malaysia. The President [of ACC] is here. Our friend Hoara Waheed is there. I have directly given all warnings through him… in prelude to this… that this is a must. I have also passed the number to Gasim. Seems Gasim will maintain connection.

Voice2: Have we been able to get anything from Gasim yet?

Voice1: He said Rose matter is sealed. He worked very hard. He took Rose to Paradise yesterday evening at 6. And he came to that meeting at around 9.30 -10 and said “final”. That it’s done.

Voice2: So that means?

Voice1: It’s the one million matter. Isn’t it?

Voice2: Yeah.

Voice1: He tried a funny story with me. After Friday prayers yesterday, I went to Gasim’s house…

Voice2: So Rose is joining Jumhooree Party now?

Voice1: No it’s not that… It is just for these matters…

Voice2: In that case, Nazim, why don’t we take Rose, with this million?

Voice1: Yeah. Rose knows now. And I have asked Maniku to complete the deal. With one million given there is still two million… So what happens now is… I mentioned everything that there was doubt about. I wasn’t able to talk to Gasim later. He has said everything will be Ok…100% and not to worry.

Voice2: What are you telling Maniku?

Voice1: I went to Maniku… Gasim is going to see Hassan Saeed at 2.30.

Recording:2 Transcript below | Audio in Dhivehi –mp3 file

MP ‘Kutti’ Nasheed: And again, it is three months since I have been trying to get myself out of that.

MP Gasim Ibrahim: Finishing it now.

MP ‘Kutti’ Nasheed: Are you still in the office, … mean … in the Majlis?

MP Gasim Ibrahim: I came at six o’clock and since then, now finishing and leaving now. Continuing tomorrow.

MP ‘Kutti’ Nasheed: Yeah, OK.

MP Gasim Ibrahim: What happened?

MP ‘Kutti’ Nasheed: I contacted, this is just… how is your situation in relation to flow?

MP Gasim Ibrahim: Why?

MP ‘Kutti’ Nasheed: I need some cash.

MP Gasim Ibrahim: Yeah, ok… How much?

MP ‘Kutti’ Nasheed: I need it very much.

MP Gasim Ibrahim: Have you got someone to come over here?

MP ‘Kutti’ Nasheed: Here, at this time, there’s no one.

MP Gasim Ibrahim: Yeah it is…

MP ‘Kutti’ Nasheed: Yes, tomorrow morning will be fine. It’s not a problem.

MP Gasim Ibrahim: People will see it there, will be watched, won’t it?

MP ‘Kutti’ Nasheed: OK, I will try and arrange someone from there to go to Villa, is that ok?

Recording:3 Transcript below | Audio in Dhivehi – mp3 file file

Voice2: Yes, what is it?

Voice1 (?): Dilute, Thasmeen is working to dilute… Nasheed, could you please tell that story.

MP ‘Kutti’ Nasheed: Yes, I was contacted just then…. You have seen the first draft, haven’t you?

Voice2: I haven’t seen it yet, not yet.

MP ‘Kutti’ Nasheed: OK, the first draft states specific actions that will be taken. I will, for your convenience, read it for you right now, those bits.

Voice2: OK read.

MP ‘Kutti’ Nasheed: It was agreed that to prevent the government from doing what it is trying to do, to take a number of steps all at once.

These steps include meeting with those who submitted the [airport] bids, and clearly explaining to them the common Maldivian view on this, and the view of the political parties.

The Financial Act Amendments Bill, which is in the finishing stages, is to be pushed fast through the Majlis.

Submit a no-confidence motion to the Majlis for a decision regarding the Minister for Finance Ali Hashim and the Minister for Civil Aviation Mahmood Razee who is responsible for the privatisation.

And until all these things are done, to cease all work on the tax bills submitted by the government to the Majlis.

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Cabinet resigns in protest over opposition MPs “scorched earth” politics

The entire cabinet of the Maldives has resigned in protest against “scorched earth politics” of the opposition-majority parliament, leaving only President Mohamed Nasheed and Vice President Mohamed Waheed Hassan in charge of the country.

Cabinet members handed Nasheed their letters of resignation this afternoon at 5:00pm in front of assembled press at the President’s Office, shortly after the weekly cabinet meeting.

Unusually, the four hour meeting was adjourned at two hours and reconvened in the President’s residence, Muleeage.

“The Majlis (parliament) is preventing the cabinet ministers from performing their legal obligations. Majlis members are behaving against the spirit and the letter of the Constitution,” the President told the media after the meeting.

“So I appeal with the honorable members of the Majlis not to muddy the waters for governance in this country and to lend us their cooperation.”

Attorney General Husnu Suood said parliament was making the country “ungovernable”.

“Every passing week, there is another attempt by opposition MPs to wrestle more control from the executive,” Suood said.

“The opposition MPs are operating a ‘scorched earth’ policy, trying to stop the government from doing any work to help the people. We have told the President that we cannot continue to work like this,” said Foreign Minister Dr Ahmed Shaheed, in a press statement.

Finance Minister Ali Hashim accused opposition MPs of “obstructing the business of government” by “awarding themselves powers to appoint members to independent institutions”, when this was “clearly a prerogative of the President.”

“They have declared that the government cannot raise any loans from abroad or rent any government or state asset without their say-so. And they are threatening Ministers with no confidence motions on spurious grounds,” he added.

In addition to revisions of the financial regulations, last week, parliament voted through amendments to the Civil Service Act to transfer powers of appointing members to the independent commission to a parliamentary committee.

Opposition MPs arrested

Shortly after the press conference concluded, Minivan News learned that the police and the Maldives National Defence Force (MNDF) had arrested the leaders of several opposition parties, including Jumhooree Party (JP) leader MP Gasim Ibrahim and People’s Alliance (PA) leader MP Abdulla Yameen (DRP), who have reportedly been taken to the prison on Dhoonidhoo island.

Sub-Inspector Ahmed Shiyam said “police are not saying anything officially at the moment,” but suggested Minivan News could “probably report what people are saying.”

Police and MNDF are meanwhile on high alert, while DRP supporters gathered at the artifical beach area outside the party’s headquarters. Reports around 9:00pm suggested rocks had been thrown, while sensitive areas around the President’s residence and the Majlis were sealed off by police and army roadblocks.

Meanwhile, the MDP National Council adopt a resolution to terminate its coalition agreement with Gasim’s Republican Party and recommend the dismissal of the party’s political appointees to President Nasheed.

The President’s Press Secretary Mohamed Zuhair told Minivan News that a police and MNDF investigation of corruption in the Majlis (parliament) would likely lead to “seven or eight parliamentary by-elections.”

“There have been allegations of corruption and attempted bribery, and allegations of certain threats against the state made by ministers,” Zuhair said.

He added that the government had “full confidence” in the state and deputy ministers, civil service and the permanent secretaries to keep the country running following the resignation of the ministers.

“Their resignation forces me to investigate using the police and the Maldives National Defence Force,” the President said, noting “I am Chief of the Armed Forces.”

Nasheed said amendments to the state finance laws passed by parliament yesterday, which requires any decisions relating to the leasing of state assets to be sent to parliament for approval, “was done in the self-interest of certain MPs. You cannot run the government like that.”

The President acknowledged that there would be “difficulties” faced by the people in the absence of cabinet ministers, “but it is the parliament who brought us to this situation.”

After the press conference, President Nasheed walked to police headquarters and requested police investigate the case.

Opposition reaction

Umar Naseer, Deputy Leader of the opposition Dhivehi Rayyithunge Party (DRP) which has the most number of seats in parliament in conjunction with its coalition partner the People’s Alliance (PA), said it was “really good that the cabinet ministers finally realised they were incapable.”

”The government along with the cabinet ministers was unable to govern the country,” Umar Naseer said. ”Now it is only the president and vice president [in charge], and how can they both do something they were unable to do with ministers.”

“Tomorrow President Nasheed will resign,” Umar Naseer predicted. ”Now it is the time to hold mid-term elections.”

He said this afternoon’s decision brought the current government to the brink of becoming a dictatorship.

”The President said he would launch an investigation using Police and the MNDF. That means he will probably arrest senior opposition leaders – I am not afraid of it.”

Umar added that however much he wished otherwise, “according to the constitution the president cannot dissolve parliament.”

DRP MP Ahmed Nihan described the incident as “an international joke” that “proved the government has failed.”

”For instance: three boats are competing in a race, and one of the boat’s crew abandons their vessel leaving only the captain and his first mate,” said Nihan. ”The current government does not have the majority support of the people.”

The arrest of Yameen and Gasim was “autocratic” and “a very ugly act”, Nihan said, adding that “President Mohamed Nasheed is worse than Adolf Hitler.”

Appearing before press at an impromptu press conference this evening, DRP Leader Ahmed Thasmeen Ali denied that the parliament had acted unconstitutionally.

The MP for Kendhoo argued that the government could have filed cases at the Supreme Court to decide on constitutional matters submit issues of in lieu of the mass resignations.

Thasmeen said the sudden arrests of MPs was not in the public interest, adding that the resignations showed that the government had ‘failed.’

Deadlocked

Parliament voted 47-11 yesterday in favour of an amendment bill that would allow them to veto every lease or loan agreement made between the government and an overseas party, allowing them to effectively prevent the government from privatising assets such as Male’ International Airport.

On Sunday a signing agreement between the government and GMR Infrastructure-Malaysia Airport Holdings to manage Male’ International Airport was scuttled in front of the waiting media, after a reported dispute among board members of the incumbent Maldives Airport Company Limited (MACL) over who would sign the document.

That evening, four opposition parties including the DRP, PA, JP and DQP signed an agreement to oppose the airport deal on nationalistic grounds, and the following day parliament passed the amendment bill allowing the Majlis to veto any such project.

The government nonetheless reshuffled the MACL board members and proceeded with the signing ceremony on Monday evening. However today it was reported that the opposition parties had filed a civil court action seeking an injunction to block the deal going ahead.

Sources in the President’s Office suggested “this was probably the straw that broke the camel’s back” and led to this evening’s Executive outburst against the Majlis.

Other possible causes include a recent no-confidence motion levelled at Education Minister Dr Mustafa Luthfy by Independent MP Ibrahim Muttalib, after the Ministry’s steering committee proposed make the Islam and Dhivehi subjects optional at A-Level.

Former Auditor General Ibrahim Naeem, who had previously released audit reports alleging rampant corruption in the former government, was also dismissed by parliament shortly after announcing a financial audit of current and former government ministers, including former President Maumoon Abdul Gayoom. However the Anti-Corruption Commission (ACC) reported to parliament that Naeem had misused a government credit card to purchase transport and a tie, and he was removed from office.

Last year a no-confidence motion against the Foreign Minister Dr Ahmed Shaheed was narrowly defeated, after the government sought to renewed diplomatic relations with Israel.

Note: Minivan News apologises for earlier disruption to the site following publication of this report. At peak demand we were receiving 200 requests a second, critically overloading the website’s database.

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Maldives opposition parties allege corruption in Male International Airport privatisation deal

Corruption is rife in Male International Airport privatisation process, according to the Dhivehi Rayyithunge Party (DRP), the Peoples Alliance (PA), the Dhivehi Qaumee Party (DQP) and the Jumhooree Party (JP). The opposition parties have signed an agreement to work against the privatisation process.

The government’s haste in the bidding process, at a time when there is a bill pending in the Majlis which would regularise the process of selling public assets, is troubling and a case would be lodged with the anti-corruption commission, say the president of DQP, Dr. Hassan Saeed and the president of People’s Alliance, Abdulla Yameen.

Saeed also noted that the move comes at a time when public confidence in the government is at rock-bottom. The airport should be developed by the Maldives Airports Company (MAC), according to Saeed, and if the same provisions which the government is allowing for GMR were allowed for MAC, it would be able to develop the airport.

They also said that a Majlis amendment is necessary to raise the airport service charge from US$18 to US$25, which the government has promised to GMR.

Experts have said that privatisation of US airports was one reason which led to 9/11 attacks in US, said Yameen, and privatisation could cause loss of revenues to companies which operate through the airport, such as Island Aviation Services. GMR’s fuel charges, airport tax and charges for flights landing at the airport could cause tourist arrivals to decline, he said.

Because of the financial and economic crisis, this is not the best time to sell an asset like the airport, Yameen said, and in the bidding process, highest marks should not be given to the company which pays the largest amount upfront, but to the company which gives the most throughout the lease period.

The government has never requested money for the airport development from the Majlis, Yameen said.

GMR should consider the views of the people and the opposition parties before making a final decision, said Dr Hassan Saeed in response to a question from Miadhu Daily. “Even if they sign the agreement, and even if they take over management of the airport, we will do whatever we can to cancel the agreement. We will go to Court, and I have a guarantee that we can win this case.”

Haveeru Online reports the Bangalore-based GMR has proposed to pay US$78 million (almost Rf1 billion) upfront to the Maldivian government, one percent of the total profit in the first year (until 2014) and 10% of total profit from 2015 to 2035. The company also agreed to pay 15% of fuel trade revenues in the first four years and 27% from 2015 to 2035.

President Nasheed has said that with privatisation, “the government will be able to save over US$300 million in investments.” The government had launched the airport tender process in October 2009. The President said the International Financial Corporation, a member of the World Bank Group, worked with the government throughout the process, and he was “confident the tender process was transparent and ensured there was no room for corruption.”

The GMR group is named after its founder G. M. Rao, and Kiran K Gandhi is chairman of its airports division.

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Former President Maumoon Gayyoom lodges defamation case against Miadhu Daily editor

Former President, Maumoon Abdul Gayyoom has lodged a defamation case against the managing editor of Miadhu Daily, Abdul Latheef, after the news company reported a New York Times article alleging corruption during Gayyoom’s 30 year regime.

A Miadhu Daily report published today says Abdul Latheef is being sued for misleading the public about Gayyoom’s presidency, according to the former president’s lawyer Mohamed Waheed Ibrahim.

Miadhu Daily reports Waheed saying that an article in the June 13 edition of Miadhu Daily, written by Ali Fahudhu, prompted Gayyoom to take legal action against the newspaper.

Gayyoom wishes to receive financial compensation for defamation of his character, reports Miadhu Daily.

Miadhu Daily claims it has not published any information not included in the New York Times article, and the Miadhu report referenced the original report. Miadhu Daily says it views the New York Times as an international media news source, which it used because the information was relevant to the Maldives.

Miadhu Daily reports that Waheed said Gayyoom’s legal team is investigating if the former president can take legal action against Gayyoom’s former cabinet minister, Ahmed Abdulla, who is CEO of Miadhu Daily, and the team is also preparing a case against the New York Times.

The New York Times article said the current Maldivian government is working to reclaim US$ 400 million allegedly stolen from public coffers during Gayyoom’s administration.

The former president has also lodged a defamation case against Ali Hashim, the current finance minister, after he was quoted in the New York Times report saying that if the allegedly looted money could be reclaimed, the current government would not need the foreign aid it is seeking today.

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MDP government misleads the public and lacks sincerity: DRP leader Thasmeen

The current MDP administration misleads the people and lacks sincerity, said DRP MP and leader Ahmed Thasmeen Ali at a public DRP meeting at the Artificial Beach in Male. The previous administration was the exact opposite and did not mislead the public and was sincere and cared more for the people, Thasmeen said.

After almost two years in office, the MDP government had failed to fulfil any of its electoral pledges, the DRP leader said, and he listed the broken pledges – higher electricity tariffs, reductions to civil servants pay, increases in the cost of living, and reduced job opportunities.

Thasmeen said the current government is very propagandist, and its most recent effort was to discredit DRP’s honorary leader Maumoon Abdul Gayyoom by labelling him as corrupt. Thasmeen defended his former boss as a very sincere and honest man.

At the meeting, Ali Waheed, DRP’s deputy leader, said that former President Maumoon ruled the country for 30 years with sincerity, and the DRP will take legal action against anyone who says otherwise. The meeting also condemned the article by the New York Times alleging corruption of US$400 million during the previous administration and also criticised Miadhu Daily for carrying the story in the local media.

Ibrahim Shareef, another deputy leader of the party, criticised Ahmed Abdulla, CEO of Miadhu Daily, and he said the MDP administration was dictatorial.

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Transparency Maldives granted Rf1m to assess financing of political parties

Local NGO Transparency Maldives has received a grant of almost one million rufiya (GBP£50,000) from the British High Commission in Colombo for a project investigating the financing of political parties in the Maldives.

The grant was given through the UK government’s Strategic Programme Fund (SPF) in a bid to promote “greater transparency and accountability in political processes and increased general understanding of democracy and democratic principles in the Maldives.”

Project Coordinator Thoriq Hamid told Minivan News that experts from Transparency International would be training the local NGO in the same tool and methodology that had been “very successful” in assessing the financing of political parties in Latin America and Pakistan.

TM would be cooperating with the Elections Commission (EC) during the one year project, Thoriq said, and reviewing the specific laws and regulations of political party financing relevant to the Maldives.

Thoriq said he believed political parties would willingly open their books to the NGO.

“We are counting on our reputation – we have a good relationship with most political parties in the country,” Thoriq said.

“The tool itself tracks accountability, so an obvious lack of cooperation would reflect a lack of transparency,” he explained.

Transparency International considers corruption to be a major obstacle to development in growing economies. The organisation’s Global Corruption Perceptions Index (CPI), which ranks countries according to the degree to which corruption is perceived to exist among public officials and politicians, listed Maldives 130th in 2009, equal with Mozambique and Nigeria.

The country’s CPI declined to 2.5 from 2.8 in 2008 and 3.3 in 2007, indicating a worsening perception of corruption.

Transparency Maldives describes itself as a “non-political organisation that promotes collaboration, awareness, and other initiatives to improve governance and eliminate corruption from the daily lives of people.”

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MP for Kaashidhoo to be summoned to Court over corruption case

MP for Kaashidhoo is to be summoned to Court over a corruption case involving a vessel he purchased while working at Male Municipality during the previous administration.

The court has ruled that the case of the State against Ismail Abdul Hameed, MP for Kaashidhoo, can be heard. The ruling was made in response to a procedural motion by his lawyers that the case cannot be
tried.

The judge also asked Ismail Abdul Hameed to be present for the next hearing. Hameed was previously a DRP member at the time of the alleged crime, then joined the MDP, but he is now an independent MP.

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NYT report claims government and StAR seeking $400m in stolen assets

A report in major US newspaper The New York Times has claimed that the Maldives government is seeking to seize US$400 million allegedly stolen by the former government, assisted in its recovery efforts by the Stolen Asset Recovery Initiative (StAR).

StAR is a joint initiative of the World Bank and the United Nations, which claims to have recovered US$5 billion over the past 16 years. It estimates conservatively that between US$20-40 billion is stolen annually from developing countries “through bribery, misappropriation and corruption – about 15 percent to 30 percent of aid to the developing world.”

In the Maldives, a  number of politically-connected figures, including former President Maumoon Abdul Gayoom, had now become the targets of  “increasingly coordinated efforts to repatriate misappropriated funds,” the NYT report said.

“Results to date have been encouraging, but much more can be done,” the NYT said, citing “officials and development experts.”

Representatives of the former government have steadfastly denied the existence of stolen funds. Gayoom’s assistant and former chief government spokesperson Mohamed Hussain Shareef (Mundhu) told Minivan News in December that  “there is no evidence to link Gayoom to corruption”, and urged accusers “to show us the evidence.”

“If you have the details make them public, instead of repeating allegations,” he said. “[The former president] has said, ‘go ahead and take a look, and if you find anything make it public.’”

Friday’s report in the NYT described the Auditor General’s report, published in 2009, as “a guidebook on self-enrichment.”

“An estimated US$9.5 million was spent buying and delivering a luxury yacht from Germany for the president; $17 million was spent on renovations of the presidential palace and family houses. Mr Gayoom built a saltwater swimming pool, a badminton court and a gymnasium, and he bought 11 speed boats and at least 55 cars — including the country’s only Mercedes-Benz,” the NYT noted.

“And the list goes on, from Loro Piana suits and trousers to watches and hefty bills for medical services in Singapore for ‘important people and their families. There was a US$70,000 trip to Dubai by the first lady in 2007, a US$20,000 bill for a member of the family of the former president to stay a week at the Grand Hyatt in Singapore. On one occasion, diapers were sent to the islands by airfreight from Britain for Mr Gayoom’s grandson.”

The Auditor General Ibrahim Naeem was dismissed in late March by an opposition-controlled parliament (Majlis) following a no-confidence motion and allegations of corruption.

Naeem, who was himself appointed by the former president and a then-ruling party majority Majlis, claimed at the time that the charges were an attempt to discredit his office and prevent him from reclaiming the government’s money stored in overseas bank accounts.

“A lot of the government’s money was taken through corrupt [means] and saved in the banks of England, Switzerland, Singapore and Malaysia,” Naeem said in March, during his first press conference in eight months.

The Maldives government has meanwhile “begun the paper chase”, Friday’s NYT report claimed, “but it lacks the resources to unravel a complex trail that it assumes runs through the British Channel Islands, Singapore and Malaysia.”

“Much of the looted money ends up in complex corporate structures and bank accounts held by associates offshore, making it hard to identify the beneficial owners. This raises the issue of tightening regulation of service providers and of the legal firms that create front companies that invest in assets like real estate and art,” the report noted.

However, “large banks now recognise the issue” and were increasingly willing to cooperate with international financial investigators.

“Eleven leading lenders, including UBS and HSBC, have formed the Wolfsberg Group, an association to develop standards to counter money laundering and terrorist financing,” the NYT said, adding that governments were  being urged to provided lists of “politically exposed persons, those potentially subject to corruption because of their jobs.”

The NYT spoke to Finance Minister Ali Hashim, who said that “the banks and other institutions came from abroad, and lowered their standards to the standards that were in the country.”

Foreign bank managers were given free holidays on luxury tourist resorts, Hashim told the NYT, which might have made it “hard for those managers to subsequently turn down risky or inappropriate credit requests.”

Hashim said the government now needed the money to offset a decline in tourism and plug the country’s 34 percent budget deficit.

“What we are asking the World Bank is, help us get this back,” Hashim told the NYT. “Then we won’t need to have that much foreign aid.”

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Tensions escalate between executive and judiciary

The Judges Association of Maldives (JAM) has condemned President Mohamed Nasheed’s criticism of the Judicial Service Commission’s (JSC) decision on determining guidelines for the reappointment of sitting judges as “disrespectful towards the honour and dignity of judges” and indicative of the “negative view he holds of the judiciary”.

A press release issued by the association last week accuses the president of attempting to cast undue influence over the Judicial Service Commission by calling for amendments to the eligibility criteria approved last month, an act which could “render separation of powers obsolete”.

Article 285(b) of the constitution stipulates that the JSC shall determine whether or not sitting judges possess the qualification of judges specified in article 149 before August 7 2010.

The article states that judges must possess “educational qualifications, experience and recognised competence to discharge the duties and responsibilities of a judge, and must be of high moral character.”

On May 9, the JSC voted to approve as minimum standards to determine “high moral character” that judges must not have been convicted in a court of law of an offence with a punishment prescribed in the Quran, criminal breach of trust or bribery.

Following the 5-2 vote, Aishath Velezinie, President Nasheed’s member on the JSC, characterised the contentious decision as “nothing less than treason to rob the people of an honest judiciary.”

Velezinie warned that the decision could effectively give tenure to 19 judges found guilty of various offences by state institutions such as the former Anti-Corruption Board.

Two days later, the commission approved guidelines for determining educational qualifications, experience and competence.

In his radio address on May 28, President Nasheed said he believed the JSC decision could hinder the commission’s mandate of ensuring public confidence in the judiciary.

The decision was “worrying” as records showed that judges found guilty by the relevant authorities under the old constitution, or who had faced criminal prosecution and allegations of gross misconduct, were currently on the bench.

“Grade seven standard”

President Nasheed criticised the criteria for educational qualifications as setting the bar too low.

“For the standard to determine educational qualification, they are saying [judges must possess] a certificate in either law or Shariah, and even if the certificate is not accredited by the Maldives Accreditation Board, it must be a certificate of at least level three or higher accepted by the government”, he said.

Hence, he added, the minimum educational qualification for judges approved by the JSC was essentially “grade seven”.

According to the guidelines approved by the commission, said Nasheed, sitting judges would be eligible for reappointment if they have not been convicted in court of 29 criminal offences decided upon by the JSC.

The JSC also decided that sitting judges would be deemed to possess the requisite experience.

Nasheed said the criteria to determine experience and educational qualification was “inappropriate” for contemporary Maldivian society.

Moreover, taking the lack of convictions as enough to determine high moral character was “not ideal.”

An official request has been made with the JSC to review and amend the guidelines, he said.

The JSC consists of the speaker of parliament, an MP and a member of the general public appointed by parliament; a judge each from the Supreme Court, High Court and the trial courts; a practicing lawyer elected by licensed lawyers; the Chair of the Civil Service Commission; a member appointed by the president and the Attorney General.

Justice Fahmy

A statement issued by the JSC before the president’s address defended the decision as both “within the bounds of article 149” and “very fair”.

The statement signed by Justice Mujthaz Fahmy, president of the JSC, notes that differences of opinion among members only emerged over the criteria for determining high moral character.

It adds that the reappointment of judges as stipulated by article 285 was very different from the normal process of appointing or dismissing judges and magistrates.

Moreover, the commission believes the decision will “draw criticism no matter how fair it was.”

The statement goes on to condemn “efforts by certain groups to dishonour the judiciary and strip judges of their honour and dignity.”

“The commission is extremely concerned as such actions could undermine the independence of the judiciary and adversely affect society,” it reads.

While the creation of the JSC was delayed until July 26, 2009 due to “various legal problems” and its members do not work full-time, the statement assures that the commission was working “sincerely, truthfully and in line with the constitution” to fulfil its responsibilities.

“Abuse of power”

However, writing in her personal blog, Velezinie claims the statement was issued “in violation of clause 4(d) of the commission’s rules of procedure and article 163 of the constitution” as it solely represented Fahmy’s personal views.

Justice Mujthaz Fahmy had refused to either allow further discussions on the guidelines or vote on amendments, she writes.

As Fahmy was among the 19 judges with prior convictions, Velezinie claims, he faces a conflict of interest on the issue of judges’ tenure and reappointment.

Moreover, while the Supreme Court Justice was also the chair of both standing committees of the commission, the complaints committee has not been convened as of May 1.

Fahmy replaced High Court Judge Abdul Gani Mohamed as President of the JSC on February 21 when the latter was removed by a ruling from three Judges of the High Court.

Velezinie reveals that although a committee consisting of the three judges on the commission was tasked in August 2009 with formulating a draft of the guidelines for reappointment, the full committee only met once as Fahmy did not attend the second meeting.

Meanwhile, the “285 Standards Committee” formed after Gani’s expulsion and chaired by Civil Service Commission President Dr Mohamed Latheef met on three days and drafted the final guidelines during meetings that each lasted half an hour.

The sub-committee, consisting of Judges Adam Mohamed Abdullah and Abdullah Didi from the JSC as well as Chief Judge of the Juvenile Court Shuaib Hussein Zakariya and Civil Court Judge Abdullah Ali, did not consider either the previous proposals or “the purpose and spirit of the constitution and the objective of article 285.”

She adds that Fahmy’s actions were “extremely worrying” as it could cast doubt over the independence of both the JSC and the judiciary.

Moreover, Velezinie continues, failure to provide agendas and minutes of meetings to members as required by law “facilitates corruption in the commission.”

“The Judicial Service Commission, and along with it the courthouse and judges, will only gain public trust when it proves to the people with words and deeds that it is an institution that is independent from the three powers,” she entreats. “Instead of hiding behind law certificates and making decisions based on self-interest and one’s own views, [the commission has to] put national interest and public welfare first.”

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