MDP proposes no confidence motion against Home Minister

The opposition Maldivian Democratic Party (MDP) has confirmed that a no confidence motion against Home Minister Dr Mohamed Jameel Ahmed has been sent to the secretariat of the People’s Majlis.

MDP MP and Spokesperson Hamid Abdul Ghafoor speaking from the island of Thinadhoo confirmed to Minivan News that an estimated 26 signatures had been secured by the party to support the no confidence motion.

However, Ghafoor said he was not able at time of press to confirm the exact numbers of MPs expected to support the motion, or if the People’s Majlis had approved or set a date for a no confidence vote to take place.

Parliament’s Counsel General Fathmath Filza could also not be reached for comment today by Minivan News.

To have a no confidence motion heard within the People’s Majlis, officials regulations require signatures from 25 serving MPs. Support from a majority of the full membership of parliament during the vote is then needed to remove the Home Minister from his post.

As well as serving under the present coalition government of President Dr Mohamed Waheed Hassan, Dr Jameel served as Justice Minister with oversight of the judiciary during the autocratic rule of former President Maumoon Abdul Gayoom, as well as being an active member of the former opposition party, the Dhivehi Qaumee Party (DQP).

The case is the second no confidence motion to be proposed this month after MP Alhan Fahmy of the government-aligned Jumhoree Party (JP) said he had held discussions over taking a no confidence vote against both President Waheed and Vice President Mohamed Waheed Deen.

Addressing the motion proposed against Dr Jameel, MDP MP Imthiyaz ‘Inthi’ Fahmy claimed in local newspaper Haveeru that the action had been taken over concerns concerning what the party called an “unprecedented” increase in murders and assault in the Maldives since the transfer of power.

Inthi also criticised the Jameel for what he called a failure to probe human rights abuses allegedly conducted by police on February 8 this year.

Police Integrity Commission findings

In a Police Integrity Commission (PIC) report released earlier this month into allegations of police brutality in the breaking up of Maldivian Democratic Party (MDP)’s demonstrations held on February 8 provided two contradicting accounts of the events.

The report contended amongst it findings that on February 8 , police acted within the boundaries of the law and its own regulations, acting in accordance with Article 6(4) and Article 6(8) of the Police Act and as protection from any danger that may ensue from the MDP demonstrations.

President of the PIC, Shahindha Ismail, has however stated in the report that she saw certain acts carried out by police on February 8 to have been against the law, claiming that there no valid reason for police to have broken up the MDP demonstrations in the manner the police did.

Dr Jameel’s detention

During his time in opposition before February’s controversial transfer of power, Dr Jameel was an outspoken critic of Nasheed’s religious policies, authoring a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’ and attacking his “business dealings with Jews”.

Under the former government, Dr Jameel was controversially detained by police on charges of slandering the government as a result of the publication, which authorities alleged at the time was a “pamphlet of hatred”.

Both Dr Jameel and DQP Deputy Leader of the Dhivehi Qaumee Party (DQP) were not responding to calls by Minivan News at the time of press in regards to the no confidence motion.

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Court asks police to present Nasheed at rescheduled trial

Former President Mohamed Nasheed today began touring the country’s Southern Atolls less than 24 hours after boycotting a trial against him in protest at what he and the Maldivian Democratic Party (MDP) allege is a lack of independence within the nation’s judiciary.

However the Department of Judicial Administration today confirmed that police were “to produce” Nasheed at a rescheduled hearing at 4:00pm on Sunday, October 7.

Department Director Ahmed Maajid told Minivan News that despite the order, the former president was “not to be detained”.

With the campaigning beginning today in Gaafu Alif Atoll, the MDP has claimed that uncertainty remains over whether Nasheed would be able to complete the tour without being taken into custody by authorities.

Despite the Department of Judicial Administration’s order, no official communication from authorities has so far been received by the MDP following Nasheed’s decision to boycott his trial, contravening a court order requiring him to remain in the capital.

The court hearing was to be the first in the case concerning Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, while in office.

The government meanwhile has told the Agence France Presse (AFP) news service that the former president could be taken into custody should he fail to comply with a second summons for his trial over the detention of Criminal Court Chief Judge Abdulla Mohamed.

“The court will issue him another summons,” President’s Office Media Secretary Masood Imad told the AFP.  “After the second summons, if he does not comply, the standard procedure is they (the court) will instruct the police to bring him in.”

Both Masood and President’s Office Spokesperson Abbas Adil Riza were not responding to calls from Minivan News at the time of press.

Home Minister Dr Mohamed Jameel Ahmed told Minivan News that the existing protocols relating to a defendant failing to attend their trial were a matter of judicial process that were applied to any defendant, regardless of their position.

“Nasheed or anyone else is subjected to the same set of rules governing trials when they face criminal charges,” he claimed. “The state would not commit any act which would amount to contempt of court whenever it is asked to assist in bringing a suspect to court who wilfully avoids an appearance or absconds a trial.”

Prosecutor General Ahmed Muizz was also not responding to calls from Minivan News at the time of press.

MDP Spokesperson and MP Hamid Abdul Ghafoor, who is travelling with Nasheed as part of the party’s 14 day tour, said that no official correspondence had been received from authorities at present concerning Nasheed’s decision not to attend yesterday’s trial.

“[The authorities] have done everything they can to try and stop this tour, though we have just arrived and the party is in good spirits,” he said.

When questioned if the MDP was confident Nasheed would be able to complete the tour following his decision to defy court rulings against him, Ghafoor said it remained too early to tell at present.

“Obviously we hope he will be able to complete the tour, but they might come and get him at some point. We will have to wait and see,” he said. “We have just arrived at our first destination on Kolamaafushi, the island is very yellow (the official colour of the MDP), it is quite a thing to see.”

Another source travelling with Nasheed as part of the tour, who asked not to be identified, told Minivan News that there had been no communications so far between the former president’s representatives, the government or the courts.

The source claimed that from their own understanding, Nasheed was being treated under standard protocols employed against any Maldivian national failing to attend a criminal trial, with a second summons expected to be issued by the courts at a later date.  A failure to comply with this second order would likely see police ordered to bring the former president to court, they added.

Boycott decision

Nasheed’s departure to participate in his party’s ‘Vaudhuge Dhathuru’ (Journey of Pledges) campaign in the country’s southern atolls reflected a wider MDP decision to no longer follow any orders given by the courts of the Maldives until changes proposed by international entities were brought to the Maldivian judicial system.

Nasheed’s controversial decision to detain Judge Abdulla in January 2012 followed the judge’s repeated release of former Justice Minister – and current Home Minister – Dr Mohamed Jameel, in December 2011, whom the government had accused of inciting religious hatred over the publication of his party’s pamphlet, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

The former government government further accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” so as to protect key figures of the former dictatorship from human rights and corruption cases, among other allegations.

Nasheed justified the judge’s arrest based on his constitutional mandate to protect the constitution. Judge Abdulla had in September 2011 received an injunction from the Civil Court preventing his investigation by the Judicial Services Commission (JSC), the watchdog tasked with overseeing the judiciary, which complied with the ruling.

Former President’s Member on the JSC, Aishath Velezinee, has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

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Home minister notes “better environment” after CNI report

Home Minister Mohamed Jameel has said the Maldives now provides a much “better environment” for the country’s political factions to work towards stability following the publication of the Commission of National Inquiry (CNI) report.

Speaking following a parade held yesterday in Male’ to commemorate the country’s Independence Day, rescheduled from earlier this year, Dr Jameel claimed that with the conclusion of the CNI’s work late last month, the government was now able to move ahead with its duty of serving the public.

The CNI’s findings, welcomed by the Commonwealth, US and the UN, rejected accusations that the present government came to power illegally, despite claims from former president Mohamed Nasheed that the report’s findings were flawed and failed to include key witness statements and evidence in its findings.

The now opposition Maldivian Democratic Party (MDP) – of which Nasheed is the current presidential candidate – today said that it continued to hold severe structural concerns about the CNI’s conclusions. The concerns themselves were highlighted in a report prepared by Sri Lankan legal experts after a request from the MDP.

“Way forward”

Despite these concerns, the MDP has claimed the CNI report’s publication had provided the party with a “way forward” to push for institutional reform and early elections, whilst also lobbying to keep the Maldives on the agenda of the Commonwealth Ministerial Action Group (CMAG).  The party has contended that remaining on the agenda will help maintain international pressure on the government to enact a reform agenda – the need for which was raised in the CNI’s findings.

Home Minister Dr Jameel told Minivan News today that from the government’s perspective, the issue of February’s transfer of power had been firmly settled through the CNI’s findings. Dr Jameel claimed that any further political resolutions should be settled domestically.

“We will not dwell further on the same issue [CNI]. As a nation, reforms to the government and other institutions is an ongoing agenda like any other nation,” he said. “I do not believe that any international organisation, country or individual has the mandate or authority to dictate to us our national priorities and reform agenda – be it the Commonwealth or its Secretary General. We appreciate their engagement, but [the Commonwealth] should also recognise our need to move forward and allow us to find local solutions to local problems.”

Dr Jameel claimed that rescheduling the national Independence Day parade from July until yesterday was a timely reminder of the “importance of national unity, mutual respect and shared values.”

“It is more relevant now than at any point in history as the country is increasingly seen to be drifting away from those values due to political emotions, opinions and other exposures,” he said.

The Independence Day parade, which was concluded with a special ceremony at the  Galolhu Stadium in Male’, was attended by President Dr Mohamed Waheed Hassan and his wife,  First Lady Ilham Hussain.

Independence Day is celebrated on July 26, though Dr Jameel, who was also in attendance at the ceremony, said that the parade had been delayed from July owing to “time constraints” and had to be rescheduled to consider outstanding engagements of its participants.

Better environment

Addressing the home minister’s claims that the Maldives was now a “better environment” to address political differences following the CNI’s publication, MDP MP and Spokesperson Hamid Abdul Ghafoor said the MDP had offered to try and work with the government to pursue institutional reforms.

Ghafoor claimed these efforts had included attempts to try and work within Dr Waheed’s coalition government in what it called the “common interests” of the public –  a strategy that was later rebuffed.

“We do not want to be working with this government, we ourselves want to see early elections as soon as possible,” he said earlier this month.

Ghafoor claimed today that despite its reservations about the validity of the CNI’s findings, the party would continue to lobby to keep the Maldives on the agenda of the Commonwealth Ministerial Action Group (CMAG) to maintain international pressure on the government for early elections and institutional reform.

“We simply do not believe that the CNI report legitimises the government. If the [transfer of power] was not a coup then why are the country’s former opposition now leading the executive,” he said. “The structural issues that we have [with the CNI’s findings] will not just go away. Things are not going smoothly in the country.”

Ghafoor claimed that while attempts to have the People’s Majlis and Supreme Court rule whether the MDP should be regarded as the country’s main opposition or governing party had not been successful so far, the party still had power in the Majlis through parliamentary committees to meet aims for fresh polls.

“Right now we see the way forward is to continue to push for early elections. We will also push to keep us in the CMAG agenda and ensure there is a third party international pressure to ensure the government are held to a schedule regarding the CNI’s recommendations on institutional reform,” he said.

“We do see CNI report as a way forward and we would wish for CMAG to keep a watch on the country. So on the back of our reservations of the CNI report, we will coniute to lobby to keep the Maldives on CMAG’s agenda.

Despite the MDP’s lobbying, the government has this week urged CMAG to remove the country from its agenda.

Both Dunya Maumoon, State Minister for Foreign Affairs, and Dr Hassan Saeed, Special Advisor to the President, have publicly argued that the Maldives had been treated unfairly, suggesting that the country should leave the Commonwealth should it not be removed from the CMAG agenda without delay.

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Raajje TV sue police over decision to “not cooperate” with station

Local TV station Raajje TV has announced that it will file a lawsuit against the Maldives Police Service (MPS) following their decision to not to cooperate with the Maldivian Democratic Party (MDP)-aligned TV station.

In a statement the station claimed that the actions of the police narrowed the constitutional right to freedom of expression and the station’s freedom to practice journalism, and said that the actions of the police were depriving its reporters of their constitutional rights.

The case was filed in the Civil Court, with a request for the court to issue an order to the police to resume their support and cooperation with the TV station, and to hold that its withdrawal was illegitimate.

Civil Court has also confirmed that they have received the case.

Speaking to local media, Deputy CEO of Raajje TV Abdulla Yaamin said that police were discriminating against the station in collusion with other media outlets by inviting them to police press conferences and providing information.

“Due to these reasons we filed a lawsuit to invalidate the police decision. Because of it, our journalists do not get protection from them anymore,” he said.

Raajje TV has also accused police of targeting, assaulting and harrasing its reporters during MDP’s protests.

A statement from Raajje TV on July 10 read: “Raajje TV journalists have been forced to live in fear as they have increasingly become targets of attacks by the national security forces, particularly the police service. The station also believes that these attacks and harassment has been the source of emotional distress and psychological damage to all Raajje TV employees.”

Last week police announced that they had stopped cooperating with Raajje TV, claiming that the opposition-aligned TV station was broadcasting false and slanderous content about police which had undermined their credibility and public confidence.

In a press statement released today, MPS stated that the decision was reached after the station had “deliberately and continuously broadcast false and baseless content with the intention to incite hatred” towards the institution.

“Also, Raajje TV’s broadcasting of false and baseless content about the police institution is seen to be carried out for the political benefit of certain parties and such actions neither fit in with the norms of professional journalism or the principles followed by media outlets of other democratic countries,” read the statement.

Controversial video

The decision from the police comes just a day after Raajje TV broadcasted CCTV video footage of some police officers, who the station alleged were “caught on video” while they were stealing petrol from a motorbike parked in a small road in Male’.

However police denied the allegations and condemned Raajje TV for spreading “false and untrue” information about them.

Superintendent of Police Abdulla Navaz in a press briefing dismissed the claims and said that the video footage was showing the police carrying out their legal duty.

Raajje TV had twisted the details and information in their news report, which Navaz said showed police confiscating a five litre container of petrol from the road.

He also stated that the container was confiscated after police on patrol duty noticed that someone had connected a pipe to steal petrol from a parked motorbike in the road.

“It was decided that we would find the owner of the motor bike and hand over the things that were confiscated. The petrol container is also kept under police observation as evidence,” he said.

Navaz showed the media documents filed during the confiscation.

In the press briefing he expressed concerns over Raajje TV’s “irresponsible” actions and said that the police would file complaints with concerned authorities.

Demand for apology

Following the broadcast of the video, the Maldives Broadcasting Commission (MBC) sent a letter to the TV station stating that it had broadcast the content without checking its authenticity and was therefore ordered to apologise for their actions.

The MBC in the letter stated that following the broadcast of the video, police had denied the allegation and released details of the incident, but said the station had failed to inform the public of their error.

Raajje TV’s Deputy CEO Yaamin responded to the letter stating that the station had no intention of undermining the reputation of the police.

He also stated that the station had broadcast the entire recording of the police press briefing held to deny the allegations, giving them the opportunity to defend themselves from the allegations.

He also stated that police were very unresponsive to the queries of reporters from the station.

“They don’t give a proper response when we call to get a comment for a news piece. Even today, when our reporters went to cover the events where the murdered police officer was brought in Male, they sent us away saying that they cannot give us protection,” he said.

“Enemy of the state”

Following the murder of Lance Corporal Ahmed Haleem two days before, the government of President Mohamed Waheed Hassan alleged that that the TV station was responsible along with opposition Maldivian Democratic Party (MDP) for attacks on police.

In a joint press conference held on the same day, Home Minister Mohamed Jameel and Police Commissioner Abdulla Riyaz said that Raajje TV had spread “baseless allegations” about police brutality and the police role in the controversial change of government on February 7, thereby inciting and encouraging violence against the police and their families.

Jameel described MDP and Raajje TV as “enemies of the state,” while Riyaz said former President Mohamed Nasheed and senior MDP officials were behind the planning of psychological and physical attacks on the police.

“I note that former President Mohamed Nasheed is behind the planning of the attacks and damage caused to police property and repeated physical attacks on police officers,” Riyaz said.

Claiming Raajje TV’s reporting was “not responsible journalism,” Riyaz said that the station had spread baseless allegations regarding police brutality towards protesters and police role in the controversial change of government.

“Raajje TV has repeatedly attempted to defame and raise questions over police professionalism by broadcasting baseless allegations to create distrust towards the police,” he added.

He went on to refute the TV station’s CCTV video footage that suggested police had stolen fuel from parked motor cycles, claiming Raajje TV was attempting to falsely cast the entire police force as “brutal” and as “thieves.”

Raajje TV is one of the five private broadcasters of the country and is the only opposition-aligned TV station the country. The TV station has come under pressure and criticism from the government and political parties aligned to government for its opposition coverage.

The TV station first went on air as “Future TV” in 2008, but started broadcasting as “Raajje TV” in 2011. Its audience increased dramatically following the takeover of the state broadcaster by the police and military on February 7.

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“No legal barrier” to implement Nexbis system: immigration controller

Controller of Immigration and Emigration Dr Mohamed Ali has said there is “no legal barrier” preventing the implementation of a border control system (BCS) developed by Malaysia-based security solutions firm Nexbis.

Dr Ali told Minivan News today Nexbis could continue with introduction of a new biometric BCS system after the Supreme Court in June invalidated a High Court injunction blocking work on the project in May.

The controller made his comments after Home Minister Dr Mohamed Jameel Ahmed maintained calls in local media to halt the BCS installation, citing allegations of corruption involving the deal.

Dr Jameel claimed a letter requesting work on the project to cease in line with the recommendations of Attorney General Aishath Azima Shakoor and the country’s Anti Corruption Commission (ACC) had been sent to the immigration controller.

“The government is also of the same view pertaining to the continuation of the project. We urge the project be taken forward with the recommendations of the AG and the ACC. As far as I’m aware, it is the stand of the government,” he was quoted as saying by Haveeru.

President’s Office spokesperson Abbas Adil Riza was not responding to calls at the time of press regarding the comments attributed to Dr Jameel.

The legal dispute between the Anti-Corruption Commission (ACC) and Nexbis escalated last week after the High Court ordered police to investigate claims made to the ACC that Chief Judge of the High Court Ahmed Shareef met officials from the company in Bangkok.

The dispute concerns the deployment of a border control system, specifically the installation of an electronic border gate system in Male’s Ibrahim Nasir International Airport (INIA), bringing technological upgrades such as facial recognition, fingerprint identification and e-gates to the Maldives.

The Rf500 million (US$39 million) deal had stalled after the ACC alleged corruption in the bidding process, leading to a ongoing series of high-profile court battles and delays that led the Malaysian firm to threaten legal action against the Maldivian government should it incur losses for the work already done on the project.

In May 2012, the project was brought to a standstill by a High Court injunction and a raid on immigration offices by ACC staff. At the time the Rf10 million (US$650,000) first phase of the border control project had been completed, according to local media reports.

Speaking today, Immigration Controller Dr Ali claimed that, in light of the Supreme Court’s decision to overrule the injunction, Nexbis had continued its work to install the system from where it had previously been halted.

“In the absence of a legal order and unless I get a decision from the cabinet, there is nothing that I can do on this issue,” he said. “The government wanted a biometric system to stop the smuggling and trafficking of people.”

Dr Ali added that with the Maldives having already signed up to conventions pledging to try and more effectively combat Transnational Organised Crime like human trafficking, new systems were needed to help meet these aims.

“From our own experience, we have found people being trafficked back into the country even after they have previously been deported,” the controller claimed.  “A system like this should put a stop to that.”

Trafficking concerns

The Maldives last month featured in the US State Department’s Tier Two Watch List for Human Trafficking for the third year in a row.

Having “not demonstrated evidence of increasing efforts to address human trafficking over the previous year”, the country only narrowly avoided a descent to Tier 3 – the worst category – after presenting a written plan on its commitments, claimed a corresponding US State Department report.

According to the report, implementation of the government’s written plan, “would constitute making significant efforts to meet the minimum standards for the elimination of trafficking.”

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High Court ruling on Usfasgandu ruling not “setback” for government: Home Minister

Home Minister Dr Mohamed Jameel Ahmed has said that a High Court ruling to uphold a Civil Court order preventing the dismantling of a Maldivian Democratic Party (MDP) protest camp at Male’s Usfasgandu area is not a “setback” to efforts to reclaim the land.

The camp was raided last Tuesday (May 29) by police after they obtained a Criminal Court search warrant to search the area under suspicion that criminal practices were performed on the site, including the practice of “black magic”. Under evidence, the warrant alleged that people in the Usfasgandu area had on May 25 thrown a “cursed rooster” at MNDF officers.

Shortly after the raid, the Civil Court ordered a halt to the ongoing removal of the camp with a temporary court injunction, after the MDP challenged the legality of the operation.  The Civil Court decision was later appealed by the state.

The temporary injunction was upheld today though by the High Court, which said there had been no grounds to amend the Civil Court’s order, according to local media.

However, Dr Jameel maintained that the Usfasgandu site, which was leased to the MDP by Male’ City Council (MCC), was in fact the property of the government, a position he claimed would ultimately be supported by the law.

“I am confident that a claim to [Usfasgandu’s] vacant possession will be granted by the courts as it has a clear position in law,” he told Minivan News.

Jameel added that it would not be his responsibility or decision to appeal against the High Court verdict.

“The decision to appeal is a matter for the attorney general to make,” he added.

Black magic

During the police raid of Usfasgandu last week, police collected evidence reported to include pieces of paper with Arabic inscriptions,  incense, a box of unused condoms, a discarded ‘Tiger’ beer can, and a laminated sheet containing photos of police officers marked with ‘ticks’ and ‘crosses’.

Questioned on whether the evidence gathered by police from Usfasgandu – including the alleged black magic paraphernalia – was sufficient to support the legal case to ultimately dismantle the camp in its entirety, Dr Jameel said it was a matter for the police to decide.

“We will have to wait and see for their conclusion on the matter,” he said, also addressing the concern of authorities about black magic being practiced by anti-government protesters: “I do not know whether anybody is more concerned about black magic than those who indulge in such outdated activities.”

MDP spokesperson Hamid Abdul Ghafoor and MP Imthiyaz Fahmy were not responding to calls from Minivan News at time of press.

Stalemate

The fate of Usfasgandu represents an ongoing stalemate between the Home Ministry and Male’ City Council.

The Housing Ministry initially sought to repossess the area from the Council, which refused to cooperate. The Home Ministry then instructed police to retake the area, who approached the Criminal Court for a warrant. The court initially denied this warrant, stating that the repossession was a civil matter and not within its jurisdiction.

The Home Ministry has argued that leasing the area to a group for political purposes contravenes the deregulation act under which the land was granted to the MCC.

In a precursor to this issue, the previous area at Lonuziyaaraiy Kolhu used for the staging of the MDP’s operations, dubbed ‘Justice Square’, was dismantled by police and the MNDF on March 19. The subsequent court case was dismissed on a technicality and, after being re-submitted, has recently been delayed once again following for a similar reason.

The MCC has remained defiant, last month writing to the Police, the Maldives National Defense Force (MNDF) and the Housing Ministry, arguing that the area was fulfilling a pressing need for large numbers of people to conduct political activities without inconveniencing residents of Male’ City. It also dismissed the legal right of the government to claim the area.

The Housing Ministry has recently removed Sultan Park and the artificial beach area from the municipal council’s jurisdiction.

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