Chief Justice threatens action against dissemination of “invalid information”

Legal action will be taken against media organisations or journalists who disseminate false or inauthentic information concerning the judiciary, Chief Justice Ahmed Faiz Hussain has warned.

Speaking at a swearing-in ceremony yesterday (October 27) for seven new judges to the superior courts, the Chief Justice warned of measures against those who report “invalid information, if it relates to courts or judges.”

“Citizens need valid information. Freedom of expression means expressing valid or authentic information. Whether it is information relating to individuals or state institutions, the information conveyed should be valid, there should be no error or deceit in the information,” he said.

“If the court is held in contempt, action will be taken,” he asserted. “I will not allow the court to be [held in] contempt through deception. If the court is [held in] contempt, I will do what I can within the bounds of the law,” Faiz added.

The Chief Justice’s remarks came after the Supreme Court last week ordered police to investigate opposition-aligned private broadcaster Raajje TV for airing a report on October 19 criticising the judiciary.

Raajje TV News Department Head Ibrahim ‘Asward’ Waheed was summoned to the police headquarters last night concerning the investigation of the report, which raised issues surrounding the leaked sex tape of Supreme Court Justice Ali Hameed.

Following the police interrogation, Asward told local media that he was accused of contempt of court over the Raajje TV report criticising the apex court.

Asward said he exercised the right to remain silent in protest of the police taking over the mandate of the Maldives Media Council (MMC) and the Maldives Broadcasting Commission (MBC) – the institutions legally empowered to investigate complaints regarding the content of media outlets.

Both the MCC and MBC have expressed concern with the court ordered investigation of Raajje TV, contending that it threatens press freedom and encroaches on the mandate of the media watchdog bodies.

Appealing to the apex court to withdraw the order to investigate, Mohamed Shaheeb from the MBC told local media yesterday that he was informed by Commissioner of Police Abdulla Riyaz that the police were obliged to obey the Supreme Court’s order.

Following an arson attack that destroyed the headquarters of Raajje TV on October 7, Reporters Without Borders criticised the police’s failure to defend the station despite repeated requests for protection.

Moreover, Asward was attacked with an iron bar in February this year while Raajje TV’s offices were vandalised in 2012, with cables severed in the station’s control room.

Judicial reform

Faiz meanwhile contended that altering the composition of the 10-member Judicial Service Commission (JSC) –  consisting of three representatives each from the executive, legislature and judiciary as well as a lawyer elected by licensed practitioners – was necessary to strengthen the judiciary.

In a comprehensive report on the Maldivian judiciary released in May, the UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, stated that there was near unanimous consensus during her visit that the composition of the JSC was “inadequate and politicised.”

The issue was also highlighted in a report by the International Committee of Jurists (ICJ) in 2010.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

While the composition of the JSC in the Maldivian constitution was based on the South African model, Faiz said in his speech yesterday that he was told by a retired South African judge that the model had “failed” in his country.

“A lot of people believe that every fault of the JSC is reflected in the judiciary,” Faiz said, adding that proper functioning of the oversight body would benefit the judiciary.

The JSC should work together with the courts following extensive consultation to implement changes to strengthen the judiciary, Faiz suggested.

The JSC should also expedite investigations of complaints concerning judges and “free” them from the allegations to ensure public confidence in the “integrity of judges,” he said.

“If not, the issues we are facing now, what is being said [about the judiciary] now will continue in the same vein,” Faiz said.

However, he added, criticism of the judiciary or “a complaint against a judge” does not warrant disregarding court judgments.

“If the decisions of the courthouse are not enforced, rule of law will not be maintained in this country. The courthouse has been entrusted with upholding rule of law. So the decisions of courts should be and will be enforced in this country,” Faiz asserted.

Under no circumstances could the enforcement of a court decision be delayed or ignored, he stressed.

Faiz revealed that he had spoken to the speaker of parliament regarding a recent Supreme Court judgment, referring to the apex court disqualifying two MPs over an alleged decreed debt.

“I told him that the Supreme Court’s decision must be enforced. There is no question about it. Who will determine if the Supreme Court’s decision is legitimate? Who will determine if the Supreme Court decision was made in accordance with the procedures? It will still be determined by the Supreme Court,” Faiz said.

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Raajje TV arsonists caught on CCTV without masks

New CCTV footage of the arson attack that destroyed opposition-aligned broadcaster Raajje TV’s offices shows several of the six arsonists without masks, and implicates an additional six men in the arson attack.

CCTV footage aired by Raajje TV on Sunday (October 13) shows the six assailants who set fire to Raajje TV parking in front of the station’s headquarters. The men arrive on motorbikes with masks. However, one of them takes off his mask and then puts it back on before he enters the buildings.

The Maldives Police Services has also released CCTV footage showing two men donning masks on Ameer Ahmed Street, a few blocks away from Raajje TV offices, shortly before the fire at the station’s offices.

Raajje TV News Head Ibrahim ‘Asward’ Waheed told Minivan News he had received reports that police have arrested two men in the case. Police would not confirm arrests, but said they have begun a manhunt for the men caught on CCTV. Police have not released any information on the identity of the assailants.

Reporters Without Borders (RSF) have condemned the police for failure to defend the station despite Raajje TV’s repeated requests for police protection, and the forwarding of a specific threat the previous evening.

The station returned to air the same day on donated equipment and has begun broadcasting a report providing further details of the arson attack. According to the report, shortly before arsonists entered Raajje TV, an additional six masked men broke the glass front door of the Sri Lankan Airlines offices next door.

CCTV footage shows the six men using the elevators in the building to check the name boards on every single floor of the building. Meanwhile, people gather on the pavement outside and start to take photos of the broken glass.

Raajje TV believes the six men were trying to locate the station’s second studios.

“We believe [they] were attempting to torch both of Raajje TV’s studios. However, they were unable to torch the second studio because they could not locate it,” the station said.

Unable to find the Raajje TV offices, five of the six get on motorcycles and drive away, while the other gets into a car parked in front of the building, the station said.

Meanwhile, at Raajje TV’s offices, five men doused the station’s control room and live electronics in petrol as the sixth man held the security guard hostage. One of the masked attackers poured a trail of petrol out the door as the others retreated downstairs. He lit the trail, creating a fiery explosion that briefly engulfed him. He stumbled down the stairs, just as fireball inside in the office exploded the door of the station off its hinges. Further footage shows a massive explosion of fire in the control room of the station.

According to Raajje TV, after torching the offices the men beat the security guard, covered him in gasoline and left him on the ground floor of the building. Five of the six then get on motorbikes, accidentally leaving behind the man who was burnt in the explosion. One of the motorbikes comes back a few minutes later to retrieve him, Raajje TV alleged.

Crew on the airport ferry – docked opposite the station – told Raajje TV they had attempted to call the police since the doors of Sri Lankan Airlines offices was shattered, but police had not answered the 119 emergency number.

Other witnesses told Raajje TV they ran to a police vehicle parked 200 feet away from the station’s office on seeing the assailants leave. The police then took action, the source said.

Raajje TV believes a total of 12 men were involved in the attack. Of the 12, four went to Hulhumalé after the attack, four went to a picnic island in Meemu atoll, and four went to Ellaidhoo Island Resort, the station said.

Speaking to Minivan News, Raajje TV’s News Head Ibrahim ‘Asward’ Waheed said the station had suffered over a million US dollars in damages, and is currently functioning on donated equipment. The station is still unable to cover live events.

“Our staff are our biggest asset, not the equipment that was burnt. They have to put in double the effort to produce news. I’m very proud of them,” Asward said.

Raajje TV has opened up a bank account for donations at Bank of Maldives (BML). Deposits can be made to BML Account no. 7704 700410 001. Asward said the station had received approximately US$10,000 in public donations as of today.

The station has alleged police and government involvement in the arson attack, namely Tourism Minister Ahmed Adheeb.

Adheeb has denied the allegations and said they “politically motivated, biased, baseless claims.”

“Targeting political rivals will only impede efforts at finding the real culprits,” Adheeb told Minivan News.

Reporters Without Borders (RSF) on October 7 released a statement criticising what it called police failure to defend the station.

“This criminal act is a direct blow to freedom of information and we deplore the attitude of the police, who failed to do what was necessary to prevent the attack although the head of TV station requested protection a few hours before it took place,” the statement said.

Speaking to the press the following day, Chief Superintendent of Police Abdulla Nawaz said the police had been unable to station officers at Raajje TV as many were being utilised at the Maldivian Democratic Party’s (MDP) protests following a Supreme Court order to suspend presidential elections.

“Our human resources are too limited to have police stationed there. So we get the police to check the area when they are out on patrol,” he said.

Raajje TV has increasingly come under attack since the controversial transfer of February 7, 2012. The station’s reporters have been assaulted and arrested, while the station has suffered several sabotage attempts.

In July 2012, the police and the President’s Office had said it would not cooperate with the TV station, blocking the station from President’s Office’s press conferences and police protection at protests.The Civil Court has since ruled that the police and president’s office’s decisions to ostracize the station were unconstitutional.

In August 2012, critical cables in the station’s control room were cut, terminating the station’s broadcast. Several Raajje TV journalists have also reported arbitrary arrests and assaults. In February 2013, men wielding iron rods on motorbikes assaulted Asward leaving him with near near-fatal head injuries.

According to Raajje TV, the station has an audience of at least 95,000 people, one of the largest shares of Maldivian media.

New CCTV footage Raajje TV aired of the assailant’s arrival at the building

CCTV footage aired by the Maldives Police Services

Raajje TV report on arson attack (In Dhivehi)

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Police submits Asward assault cases for prosecution

Police have submitted cases against two suspects for prosecution on charges of assaulting Raajje TV reporter Ibrahim ‘Asward’ Waheed in February.

Police Spokesperson Chief-Inspector Hassan Haneef told Minivan News today that the cases had been forwarded to the Prosecutor General’s Office (PGO) yesterday (April 16), adding that the investigation into the murder attempt was still ongoing.

Police said evidence uncovered during the investigation implicated the suspects Ahmed Vishan, 22, M. Carinlight Northside, and Hassan Raihan, 19, G. Fehima, in the crime.

Asward, 22, news head of the opposition Maldivian Democratic Party (MDP)-aligned broadcaster Raajje TV, was attacked with an iron rod at 1:18am on February 23 while riding a motorbike near the artificial beach area of Male’.

Commissioner of Police Abdulla Riyaz described the attack via Twitter as a murder attempt.

The attack left Asward unconscious, and he was transferred to a hospital in Sri Lanka for treatment, where he had to undergo major surgery last month to correct a maxillary fracture (broken jawbone).

At a press conference in March, police said two suspects had been arrested in connection with the “planned” attacked.

Head of Serious and Organised Crime Department Mohamed Daud revealed that both suspects had criminal records and belonged to “groups” or gangs in the capital.

Daud claimed at the time that the attack was not thought to be politically motivated.

Violence against media

Maldivian journalists took to the streets of Male’ to protest in the wake of the assault, joining international organisations who also condemned the violence.

The Commonwealth’s Committee to Protect Journalists (CPJ) expressed alarm at the string of attacks against reporters, and “called on all sides in the political conflict to halt violence against the media.”

“We condemn these vicious attacks on reporters and call on all parties to do their utmost to ensure that journalists are able to work safely,” said CPJ Asia Program Coordinator Bob Dietz.

The CPJ said journalists in the island nation “have faced numerous attacks since elected President Mohamed Nasheed was ousted a year ago.”

The attack on Waheed was the most serious incident of violence against a journalist in the Maldives since July 2012, when a group of alleged Islamic radicals slashed the throat of blogger Hilath Rasheed.

Rasheed, who had been campaigning for religious tolerance, narrowly survived and has since fled the country.

President Dr Mohamed Waheed Hassan Manik meanwhile condemned the attacks on the journalists via his official Twitter account.

“Strongly condemn attacks on journalists. No justification for brutal acts of terror,” he wrote on the social media site.

Condemning the attacks in a press release, the opposition MDP called for a thorough investigation to determine the perpetrators “regardless of their political affiliation”.

Former President Mohamed Nasheed’s spokesperson, MP Mariya Didi said the attacks affected “everyone who believes in democracy and media freedom.”

“Since last year’s coup, journalists have been repeatedly threatened, harassed and, in some instances, violently attacked by the police and by criminals. However, the authorities continue to turn a blind eye to the problem,” she stated.

“Since the unlawful transfer of power there has been a sharp increase in violent crimes. But the police continues to preoccupy themselves with politically motivated arrests, rather than investigating these violent crimes. Over 800 MDP supporters have been arrested in the past year. Yet, murderers, drug traffickers and gangsters are left to roam freely,” she said.

“Months have passed since brutal murder of the MP Dr Afrasheem Ali and fatal attack on liberal blogger Hillath Rasheed, without perpetrators being found. Impunity enjoyed by the security forces is creating a culture of crime that is deeply concerning,” she added.

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