Tag: courts

DRP considers legal action against Z-DRP, dismisses faction’s presidential ambitions

The Dhivehi Rayyithunge Party (DRP) has raised the possibility of legal action against the Zaeem-DRP (Z-DRP) faction formed by some of its members last month, claiming it had infringed opposition party’s rights to its name and logo and threatened to “confuse” supporters ahead of the 2013 election.

DRP Deputy Leader and spokesperson Ibrahim ‘Mavota’ Shareef told Minivan News that although he believed the Z-DRP had acted in a manner that would put off voters looking for a change to the current government, he was concerned about possible confusion among voters over the identity of the opposition’s leadership.

He claimed that after repeated requests to try and require party members aligned to the Z-DRP to work within the main party’s constitution and avoid criticising and attacking its leadership, party heads were now considering how to deal with what they see as dissent in the ranks.

Formed amidst an ongoing dispute between serving DRP leader Ahmed Thasmeen Ali and his predecessor and former president Maumoon Abdul Gayoom, the Z-DRP aims to represent the former national leader and his supporters. The faction includes serving MPs including Ahmed Mahlouf and dismissed deputy leader Umar Naseer, who led seven days of protests in the capital last week.

The Z-DRP and its supporters have been critical of Thasmeen and his role in opposing the government of President Mohamed Nasheed.

Referring particularly to what he said were party concerns about the by the Z-DRP of the party’s name and imagery, Shareef said he did not rule out the possibility of legal action being taken against registered party members belonging to the faction backing former President Gayoom over allegations they were infringing on the DRP’s image.

“The DRP council has recently met and passed legislation to give authority to the party’s leader [Thasmeen] to deal with the situation and protect the party’s name,” he said. “If it is deemed that matters warrant legal action then we will take it through the courts.”

Umar Naseer and the Z-DRP leadership had not responded to Minivan News at time of press.

After officially beginning work as the Z-DRP last month, Umar Naseer who is a prominent figure in the factional group, was yesterday reported claiming the faction was near to announcing its own presidential candidate for general elections scheduled for 2013, according to the Miadhu newspaper.

Speaking yesterday to assembled journalists, Naseer was reported to have said that the faction represented the “real DRP” for party supporters and had a strong chance of winning the presidential elections in two years time.

Along with working to try and form a parliamentary council under the Z-DRP banner, Naseer claimed that the faction would reveal its presidential candidate following a primary he expected to be held at a congress next year.

Shareef denied that the announcement of a Z-DRP presidential candidate would be a concern to the coutnry’s main opposition party, claiming the public were now becoming used to democratic processes.  However, he accepted that there was a danger that some people were becoming confused as to who the DRP’s leader actually was.

“I don’t believe [a Z-DRP presidential candidate] is a concern.  After what will be five years of democracy in the country, I believe people are more aware and will not vote for people who are unable to follow their own party’s constitution,” he claimed.  “I don’t think we have to fear about the impact of the Z-DRP.”

Speaking earlier this year regarding a possible split between different factions in the DRP, MP Ahmed Nihan, who is among the members of the Z-DRP, said that he had been the designer of the DRP’s sailboat logo and under recently passed intellectual property laws, he held the rights to the image.

“I designed the logo, which received over 700 votes to be adopted as the symbol of the party on 21 July 2005,” he said. “If anyone tries to make a big deal of the issue then we can claim it. They have never paid me for the use of [the logo].”

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Dhiraagu signed up for court video conferencing services

Maldives-based telecoms group Dhiraagu will provide video conference technology to link the country’s Criminal Court and Maafushi Magistrate Court under a new agreement with the Department of Judicial Administration, reports Haveeru.

Ibrahim Ahmed Manik , the Chief Judicial Administrator, said at a signing ceremony that launching the video service, which has been devised to remove potential difficulties in transporting people between the individual courts, had been delayed from earlier this year, adds the report.

The Department of Judicial Administration has also claimed that it has met about 99 per cent of the annual objectives stemming from its 2010 budget. These objectives include training for both judges and administrative staff in skill areas like conferencing and IT skills, as well as programmes to improve English, according to Haveeru.

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Civil Court orders the immediate release of Supreme Court’s key

The Civil Court of the Maldives has today ordered Ministry of Defense and National Security to release the Supreme Court’s key immediately, and allow the reinstatement of the interim Supreme Court.

The case was presented by the Prosecutor General to the Civil Court this morning. The first hearing was conducted almost immediately and the verdict was delivered this afternoon.

‘’We declare in the absence of state Attorney General’s office, to the Ministry of Defense and National Security and to all concerned authorities of the state, the key of Supreme Court should be issued to the Supreme Court at any time Supreme Court wishes immediately,’’ said Chief Judge Ali Sameer, delivering the verdict.

Citing articles 284 and 141 of the constitution, Judge Sameer declared “that no person shall hold the key of the Supreme Court without the consent of the court.’’

Judge Sameer said the PG’s office had the authority to present the case when the work of the Supreme Court was obstructed, or if the Supreme Court came to a halt by any cause, because it potentially obstructed the PG from fulfilling his responsibilities.

The judge also noted that the court order to summon the Attorney General was delivered and that the AG office failed to send representation to the court, and did not inform why.

State Defense Minister Muiz Adnan said he had not seen the verdict and would not comment until  he had read it.

When questioned according to the last declaration how long the key will be held by the military, he said  he had no information regarding the issue.

Major Abdul Raheem, also a spokesperson of Maldives National Defense Force, said the keys of all the state institutions were kept with the MNDF and issued according to a procedure established by the defence ministry.

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Citizen’s rights “crushed under foot”, Dr Saeed tells UK Law Society

Leader of the Dhivehi Qaumee Party (DQP) Dr Hassan Saeed has called on the UK-based Law Society to lead a mission to the Maldives to assess the erosion of the rule of law, in an interview with the organisation’s publication The Law Society Gazette.

Dr Saeed told the Society that President Mohamed Nasheed, “a former political prisoner dubbed the Maldives ‘Nelson Mandela’”, was dismantling the 2008 Constitution and trying to “crush citizens’ rights under foot”.

President Nasheed was establishing his own “public courts” to replace independent courts, the Society reported Dr Saeed as claiming, while “courts are suspended” and “judges assaulted.”

In the article, the Society’s president Linda Lee urged the Maldives authorities “to uphold and protect key constitutional principles.”

Minivan News contacted the DQP seeking clarification of the claims.

Regarding the assaults on judges, the party’s Secretary General Abdulla Ameen noted that following a ruling in a case concerning Juhmoree Party MP Gasim Ibrahim by Chief Judge of the Criminal Court Abdulla Mohamed, “a lot of people went outside [the judge’s] house and physically threatened him, and set his motorcycle on fire.”

Concerning the suspension of courts, “the government has created a culture of fear among the judiciary, and they have had to cancel sessions and hold emergency meetings because of the increase in tension.”

The government had breached the rights of individuals “by arresting people without warrants,” Ameen said, referring to the recent detention of People’s Alliance MP Abdulla Yameen on the Presidential Retreat of Aarah following accusations of bribery and treason.

He also criticised the government for leaking audio tapes appearing to implicate MPs for corruption, “despite the Constitution clearly protecting private conversations between individuals.”

Ameen said Dr Saeed had requested the Law Society send an independent delegation to investigate the issues, “but if any other [institution] is interested we would also welcome it.”

The President’s member on the Judicial Services Commission Aishath Velezinee has also appealed for the UN Special Rapporteur on Independent Judiciary and the International Committee of Jurists (ICJ) to send mediators to the Maldives.

Foreign Minister Dr Ahmed Shaheed said Dr Saeed’s claims in the Law Society article were “totally out of orbit.”

“One has to wonder what he is talking about – look at his own track record serving under former President Maumoon Abdul Gayoom [as Attorney General]. We are clearly making steady progress,” Dr Shaheed said.

“Claiming that judges are being assaulted is very irresponsible. I’m not aware of any case where a judge has been assaulted, and in such an event there are domestic remedies available,” Dr Shaheed said.

Regarding Dr Saeed’s claim that courts were being suspended, “that’s outrageous. I’m not aware of a single time this has happened.”

“When a lawyer becomes a politician, they must continue to respect certain professional ethics as well,” he said.

“They are out to tarnish [President] Nasheed’s image, and they have taken issue with his awards and his description as South Asia’s ‘Nelson Mandela’,” Dr Shaheed said. “I think this is a case of the green-eyed monster.”

The request by the Law Society that the government respect the rule of law was “a standard expectation and we respect it.”

“The government is not disregarding the law,” he said. “Look at the behaviour of the other [arms of state]. Parliament is trying to usurp the powers of the executive, and the judiciary is behaving very questionably.”

Working in such an environment, Dr Shaheed said, the President had been called upon to make “some very difficult judgments, such as [the detention and release] of MP Abdulla Yameen.”

Dr Saeed recently led a DQP delegation to the UK to present the opposition coalition’s case to UK politicians and international institutions, employing a PR company to arrange interviews with several organisations, including The Law Society. The trip was jointly funded by the opposition parties, Minivan News was told at the time.

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