Tag: ICC

India and Maldives cultural ties go from “strength to strength” as cultural center expands activities

The relationship between India and Maldives has been going from “strength to strength” over the past year, stated officials from the Indian Cultural Centre (ICC)

According to the ICC, the centre will increase its outreach with the new services on offer in order to reinforce the positive relationship.

Speaking at the inauguration of a new Library at the ICC yesterday (May 17), the High Commissioner of India H.E Rajeev Shahare stated that the recently completed elections would aid the good relations.

“The people of India have spoken,” remarked Shahare, “it has happened in the entire South Asian region. We’ve had elections, including in the Maldives. I think the trend, what we see is, very well entrenched in democratic practices,” reported Haveeru.

The collection at the new library will be of use to all ages, from the young to the old, an ICC spokesperson explained. The Facebook page and social media will also be used as a platform to engage the local community, they added.

As well as the library, the ICC already offers a range of classes free to the public, including tabla, Kathak dance and yoga.

The centre was inaugurated in Malé in July 2011, with the primary objective of fostering the cultural ties between India and Maldives.

In the same year, India and the Maldives have agreed to begin implementation of an agreement on co-operation in development projects signed in 2011 titled the “Framework Agreement on Cooperation for Development”.

The agreement, signed during the administration of former President Mohamed Nasheed, mandates the establishment of a joint commission to oversee projects implemented under the programme, and a minimum of one annual meeting of the said commission.

In addition, President Abdulla Yameen recently stated that while the Maldives has “close ties” with China, “nothing will precede ties with India, which are far more precious”.

Yameen told Indian media during his recent official trip to the country, that he had assured its leaders that the bond between the two neighbouring countries is “heartfelt” and “based on sentiments”.

More recently, India’s Army Chief General Bikram Singh visited the Maldives – the visit was the first by a serving Indian Defense Chief since General Deepak Kapoor’s visit in February 2010.

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Lawyers forward Chief Judge’s case to International Criminal Court

A group  of lawyers have forward a case concerning the government’s arrest and detention of Criminal Court Chief Judge Abdulla Mohamed’s by military forces has been forwarded to the International Criminal Court (ICC).

The Maldives became a member of the ICC after acceding to the Rome Statute late last year.

According to the Rome Statute, “the jurisdiction of the [ICC] shall be limited to the most serious crimes of concern to the international community as a whole”, notably genocide, crimes against humanity, war crimes and crimes of aggression. The ICC does not deal with small cases, even if the victims may be in the hundreds.”

The case was forwarded by a group of lawyers contesting the conditions of the judge’s arrest and detention at a Maldives National Defence Force (MNDF) training facility on Girifushi.

Maumoon Hameed, a member of the legal team, said the case was submitted “as the continued detention of Judge Mohamed is in clear violation of the International Convention on the Protection of all Persons against Enforced Disappearance.”

Hameed told local media that ICC prosecutor, Luis Moreno-Occampo, would investigate the matter. Minivan News is currently waiting for a response from the ICC.

The judge was arrested by MNDF forces upon police request after he attempted to block his own police summons in the High Court. Allegations against him include corruption, political bias and poor professional conduct, such as requiring underage victims of sexual abuse to re-enact their experiences during court hearings.

MNDF did not release details of the judge’s whereabouts for 48 hours following his arrest, prompting the opposition to define the act as “enforced disappearance”.

The military has not complied with High and Supreme court orders to release the judge. Officials from the military and police forces were today questioned on the matter by Parliament’s 241 Committee for safety and security, and further hearings are pending.

Opposition parties have claimed the judge’s detention as a ‘crime against humanity’, leading to a string of increasingly violence protests since last week. Over 40 people have been arrested in the past four days, and several individuals have been sent to the hospital.

Opposition Dhivehi Quamee Party (DQP) President Ibrahim Shareef termed the arrest an inhumane “kidnapping”, while Vice President Dr Mohamed Waheed surprised the govenrment by expressing shame over the action calling it “the first possible violation since the dawn of democracy in our country”.

The European Union (EU) also expressed concern over the judge’s arrest in a statement in which it encouraged all parties to “act in accordance with these [democratic] principles and to refrain from inflammatory language or other action which could incite hatred.”

Acting on these and other concerns, Human Rights Commission of Maldives (HRCM) last weekend visited the judge on Girifushi and reported that he was in good health and conditions, drawing criticism from the opposition for allegedly “backing down” from its duties.

Meanwhile, the government has maintained that the judge’s arrest was lawful and that invoking the term ‘crime against humanity’ is only a political strategy.

“The government of Maldives is taking appropriate action in extraordinary circumstances involving allegations of serious corruption and gross misconduct by a senior judge. Public statements seeking to define his detention as a human rights issue are part of the web of protection which surrounds Judge Abdulla Mohamed,” said a government legal source.

Citing the ICC’s Rome Statute, the legal source has noted that “detention of a person can only be construed as a ‘crime against humanity’ if that detention is committed by a State as part of a widespread systematic attack on a civilian population, and if that detention is followed by the refusal to acknowledge the deprivation of freedom, and or to give information on the fate or whereabouts of that person with the intention of removing the person from the protection of the law for a prolonged period of time.

“The detention of Judge Abdulla Mohamed is not part of a systematic attack on a civilian population and the government has acknowledged his detention to both his family and the public at large,” the source stated.

The source described the allegations against the Chief Judge as “of serious concern to the Maldivian government and community” and claimed to hold evidence of “gross misconduct” against the Judge.

In particular, the government claims that the judge exercised “undue influence” over at least one member of the Civil Court to prompt a ruling against the Judicial Services Commission’s (JSC) investigation of the Judge last year.

Observing that the High and Supreme courts remained silent during the affair, the government accused the judge of “tacit acceptance of a ploy to prevent the JSC from exercising is powers under the constitution.”

Furthermore, by accepting the Civil Court’s ruling the JSC indicated its own subscription to biased input, the source claimed.

Speaking today to Minivan News, in his own capacity, opposition Progressive Party of the Maldives (PPM) member Abdul Rasheed Nafiz endorsed the gesture of sending the case to the ICC.

“Right now, this is a legal argument. The opposition says the military cannot arrest judges, and the President says he has the authority as commander-in-chief. The Supreme Court tried to resolve the matter but it has had some problems. We need a mediator, and now it’s time for the international community to get involved”, he said.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Speaking to Minivan News in September, President’s Press Secretary Mohamed Zuhair said it was important for the Maldives to have access to an international judiciary

“This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said, while an ICC official hoped membership would help the Maldives proceed with judicial reform.

Towards that end, the Foreign Ministry has requested an international legal delegation from the United Nations’ Human Rights Commission to help resolve the current impasse in the nation’s judicial system.

Meanwhile, former President’s Member on the Judicial Services Commission (JSC), Aishath Velezinee, today told Minivan News “I would like it if the ICC were to accept this. Not because of Abdulla Mohamed, but because it will mean they will have to look into why he was taken.”

Velezinee has accused the opposition of subverting the judiciary for political purposes, with the aim of protecting their supporters from prosecution and retaining control over the judges as previously held by the former Ministry of Justice.

“It was a coup,” she told Minivan News today. “Now they are asking the Supreme Court to investigate – the same Supreme Court which has asked the authorities to investigate people who criticise the judiciary. No single person has criticised the judiciary more than me – and I say this because I have all the evidence, and all the papers.”

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Maldives a proud part of ICC: Ghafoor

The Maldivian government has said it supports the mandates and standards of human rights and legal processes held by the International Criminal Court (ICC) in conjunction with the United Nations Charter.

Gender violence and social unrest were among the issues raised during the session.

Permanent Representative Ghafoor Mohamed addressed the Tenth Session of the Assembly of State Parties to the ICC last week. The session began in New York City on December 12 and will conclude on December 21.

Reaffirming the Maldives’ commitment to the Rome Statue, Ghafoor said the country is “proud to be among the group of countries who have committed themselves to combat impunity, in respect of international law and to provide justice to those victims who have often been forgotten in the labyrinths of diplomacy.

“We strongly believe that the rule of law in societies, at all levels is a crucial ingredient to the realization of socio economic objectives, and a reinforcement of core democratic principles. We are a strong supporter of the International Criminal Court and its conformity with the United Nations Charter in strengthening the rule of law and the respect for human rights”, he stated.

Reflecting on the protests and revolutions unfolding in the Middle East and North Africa, Ghafoor pushed for governments to carefully consider their peoples’ voices and visions for their states.

The Maldives demonstrated its commitment to democracy during the Arab Spring and recently over the Syrian revolution.

The Maldives was one of the first three countries to recognise Libya’s National Transitional Council (NTC) as Libya’s sole legitimate representative. In a letter sent to chief Mustafa Abdul Jalil, expressed the President’s hope that Libya would “emerge as a free and democratic country, in which fundamental human rights can be enjoyed by all.”

Earlier this month, the Maldives exercised its powers as a member of the United Nations’ Human Rights Council to help convene a UN Emergency Session on human rights in Syria. The Maldives supports increased foreign intervention regarding the state crackdown on civilian protestors.

However, Maldivian police have lately extended controversial blogger Ismail ‘Hilath’ Rasheed’s detention over his role in a peaceful silent protest for religious tolerance without charges.

On the other hand, religious Adhaalath party has agreed to meet with ruling Maldivian Democratic Party (MDP) to discuss issues surrounding the upcoming protest to defend Islam, scheduled for December 23. MDP is meanwhile planning to hold a counter-rally on the same day.

Gender crimes were also raised as an issue of high importance.

“Gender crimes are one of most heinous forms of crimes against humanity and it is imperative that the Court continues its case law and jurisprudential work,” Ghafoor said.

A related topic was recently raised in the Maldives when UN Human Rights High Commissioner Navi Pillay called for a moratorium on flogging of women as a punishment for extra-marital intercourse. The punishment is primarily administered to females in the Maldives, where paternity tests are unavailable.

Minister of Foreign Affairs Ahmed Naseem rejected Pillay’s view on the grounds that Islamic law is inarguable.

This is the first time the Maldives has participated in an Assembly of State Parties to the ICC since acceding to the Rome Statue earlier this year. Other new members include the Philippines, Cape Verde and Vanuatu.

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Rome Statute activated in Maldives

The Rome Statute of the International Criminal Court (ICC) became active in the Maldives today, following a required 60-day period after depositing the Instrument of Ratification.

The Maldives recently became the 118th state member of the International Criminal Court following a favorable vote in Parliament. It is the third South Asian country to join the ICC after Bangladesh and Afghanistan.

By adopting the Rome Statute, experts say, the Maldives has benefitted its own legal system by expanding training opportunities. It has also taken a step towards greater transparency on the international level.

Based in the Hague in the Netherlands, the ICC is an independent, permanent tribunal established in 2002 to prosecute individuals accused of genocide, war crimes and crimes against humanity. After 2017, it will exercise jurisdiction over the crime of aggression.

The Maldives is expected to participate in the 10th Assembly of State for the Rome Statute, scheduled in New York between 12-21 December.

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Vice President meets Sri Lankan President Rajapaksa during UN General Assembly

Vice President Dr Mohammed Waheed Hassan has paid a courtesy call on Sri Lankan President Mahinda Rajapaksa at the 66th session of the UN General Assembly in New York.

The Vice President’s Office later refuted reports that Dr Waheed discussed the Sri Lankan human rights situation with Rajapaksa during the meeting, following media reports quoting Sri Lankan officials to the contrary.

Haveeru on Tuesday quoted a senior Sri Lankan official as saying that during a meeting between Rajapaksa and the Vice President, Dr Waheed “assured that he will be supporting Sri Lanka’s stance on the human rights issue.”

The Vice President’s office later claimed the meeting was a courtesy call during which Dr Waheed said it was refreshing to  hear the Sri Lankan President talk about trade unions and north-south cooperation in his speech [to the UN], and that there was “no mention of the human rights situation in Sri Lanka.”

Sri Lanka is currently conducting an internal investigation of these allegations, which refer to acts of violence committed by both government and rebel forces in the final phases of Sri Lanka’s civil war.

Numerous human rights groups, including Amnesty International (AI) and Human Rights Watch (HRW), have rejected Sri Lanka’s investigation on the grounds that its Lessons Learnt and Reconciliation Commission (LLRC) does not meet international standards.

The British Broadcasting Corporation (BBC) has reported that human rights groups found the commission flawed because “its members were appointed by the government, it has no real mandate to investigate war crimes in the last stages of the conflict, lacks any mechanism to protect witnesses and falls short of minimum international standards of a commission of inquiry.”

The Sri Lankan government has denied committing any offenses. The Maldivian government said it supports Sri Lanka’s wish to solve internal issues without external involvement.

Today, the Maldives President’s Press Secretary Mohamed Zuhair issued a statement expressing support for the Tamil people.

“The President of the Maldives would like to express his good wishes to all Tamil people. The Tamil people have always been like brothers to Maldivians. The President would like to see peace and harmony in our region and has expressed his desire for all people to live peacefully together.”

Human Rights Watch recently applauded the Maldives as one of the seven most important countries on the UN Human Rights Council. It expressed puzzled concern, however, over the Maldives’ “regrettable” support of Sri Lanka at this time.

“The Maldives should revisit its approach on Sri Lanka in order to bring it in line with its otherwise principled approach to human rights at the Council,” said the report.

Minister of Foreign Affairs Ahmed Naseem said he did not wish to comment on the issue.

Meanwhile, UN secretary general Ban Ki-Moon has appointed a panel to advise him on accountability issues in Sri Lanka, reports the BBC. The Sri Lankan government rejected the panel, however, and said it would not issue visas to UN panel members visiting Sri Lanka.

The UN Office for the High Commissioner of Human Rights (OHCHR) today said they are urging Sri Lanka “to ensure there is a genuine accountability process to address the serious violations believed to have been committed during the last months of the  war in Sri Lanka.”  The OHCHR is waiting to see how member states take action on the issue, “but, of course, the United Nations hopes Maldives – like other UN members – will encourage Sri Lanka to address this important issue.”

Late last week, President Mohamed Nasheed met with Sri Lankan Prime Minister Disanayaka Mudiyanselage Jayaratne regarding the upcoming South Asian Association for Regional Cooperation (SAARC) summit, due to be held in Addu City in November. The heads of state also discussed ways to strengthen ties between the two countries.

The SAARC summit could afford the Maldives an opportunity to promote human rights in south asia, a region that is reportedly slower than others to adopt international human rights standards.

The Maldives recently became the 118th member of the International Criminal Court (ICC), a close partner of the UN.

“As a chair of the SAARC summit, Maldives will have quite an influence on South Asian countries attending this year’s event,” she said previously. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC), called the Maldives’ accession to the Rome Statute a significant step for human rights in south asia.

She noted that Sri Lanka is “a long way” from membership at the ICC.

ICC membership requires the Maldives to uphold ICC standards and rulings. “The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate with the Court by arresting  the criminals.”

Sri Lanka’s findings are due for release on November 15.

Clarification: This story has been updated to reflect a clarification from the Vice President’s Office that human rights were not discussed at the meeting with Sri Lankan President Mahinda Rajapaksa.

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ICC membership expected to reform Maldivian judicial system

The Maldives has become the 118th country to adopt the Rome Statute of the International Criminal Court (ICC), the world’s first and only permanent international court with jurisdiction over crimes against humanity, crimes of aggression, genocide and war crimes.

The Maldives is the third state in South Asia to become an ICC member, following Bangladesh and Afghanistan. It is the ninth in the south asian region alongside Cambodia, Japan, Republic of Korea, Mongolia, the Philippines and Timor-Leste; plans to ratify the statute are advancing in Malaysia and Nepal.

Asia has been slower than other regions in adopting the ICC regulations, allegedly because they maintain the death penalty which is prohibited by the ICC. William R. Pace, Convenor of the Coalition for the International Criminal Court, said the Maldives’ decision to accede to the Rome Statue was a significant step for the region.

“It is vital that the momentum towards increasing respect for the rule of law and accountability for those responsible for the most serious crimes is seized by other states in the Asia-Pacific region, many of whom are close to joining the ICC,” Pace said in a press release. “Joining the Court represents a strong deterrent effect that will contribute toward the prevention of gross human rights violations in the Asia-Pacific region and to the global fight against impunity.”

Acceding to ICC regulations as defined by the Rome Statute has been a long process for the Maldivian government. In 2003, the Maldives took steps to reject its judicial authority.

Wikileaks cables published on 1 September 2011 cite the Maldivian government’s intent to “never turn over a US national to the International Criminal Court (ICC). The Maldivian government would not sign the ICC treaty and would not respect its claim to universal jurisdiction.” Other cables indicate that then president Maumoon Abdul Gayoom was seeking approval for a visit with then US President George W. Bush, allegedly to improve his chances of re-election.

Speaking to Minivan News today, the President’s Press Secretary Mohamed Zuhair said ratification of the ICC statute highlighted the different values of the current administration.

“For us, it’s transparency that is at the top of our priorities. So right now, our highest priority is to improve the judicial system of this country.”

The ICC covers major crimes which are widespread, systemic and of concern to the international community. The ICC does not deal with small cases, even if the victims may be in the hundreds.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Zuhair said it was important for Maldivians to have access to an international judicial system. “Individuals who feel they have a complaint, even against a leader, could refer the complaint to the Maldivian judicial system or to the ICC. This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said.

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC) told Minivan News that ratification would support domestic legal reform, and that heads of state would face new levels of accountability.

“The ICC only deals with the big fish. In the past only the small fish may have been sacrificed to show a semblance of justice – but the ICC targets the highest level of responsibility: the head of state, generals, kings,” she said previously.

The Debate

In October 2010, the debate to join the ICC created sparks in Parliament.

MDP MPs condemned the “unlawful and authoritarian” practices of the previous government. Group Leader “Reeko” Moosa Manik referred to 2009 legislation protecting former presidents who he considered “the worst torturers in the country’s history,” and said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

MPs from opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) said MDP MPs were overlooking the fact that Gayoom had never been reprimanded in a court of law, and accused the current administration of disregarding rules of law. MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

The question of religion was also inflammatory. DRP MP Dr Afrashim Ali said convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.” Other MPs pointed out that several Muslim countries had not joined the ICC, and the MPs were concerned that ratification would “shatter Islamic principles” and encourage gay rights.

Shari’a experts in ICC signatories and Muslim countries Afghanistan, Jordan and Malaysia have not found conflict between the Rome Statute and Sharia.

On 14 June this year, Parliament voted almost unanimously to sign the Rome Statute of the ICC.

The Effects

Speaking to Minivan News today, Balais-Serrano pointed out that ratification of the Rome Statute was well-timed.

“As a chair of the SAARC summit, Maldives will have quite an influence on south asian countries attending this year’s event,” she said. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

The South Asian Association for Regional Cooperation (SAARC) summit is scheduled for Addu City in mid-November this year.

Balais-Serrano also pointed out that by ratifying the Rome Statute, governments are committing to adapt current domestic legislation to meet international standards. She said ICC members could receive “training of local judges and prosecutors and other officials responsible for lawmaking and implementation”, and hoped the Maldives would forward with judicial reform.

“The judicial system in Maldives can benefit from the rules and procedures by which the ICC operates, for example, in the nomination and election of judges, in the protection of witnesses and victims and in ensuring due process,” said Balais-Serrano.

She said that ICC membership would expand Maldivian court procedures. “One of the motivations of joining the ICC is to let go of a commitment to include the domestic judicial system alone. Now, Maldivians can also refer to the ICC provisions and regulations. This is a timely event for the Maldives to review domestic law while making the ICC a reference point.”

As an ICC member, the Maldives will be able to send judges and lawyers abroad for internships and exchange programs in member countries. Balais-Serrano said that all member countries are obliged to send employees to the ICC to learn and assist with proceedings.

International liability

ICC membership could affect international relations. The Maldives recently made news headlines by supporting the Sri Lankan government, which is facing war crimes allegations by international human rights groups. A report from UN Secretary General Ban Ki-Moon has raised the likelihood of an investigation by the Human Rights Commission.

A Relationship Agreement between the ICC and the United Nations calls the UN “potentially the most important partner of the ICC on various levels,” and suggests that investigations by the UN are based on the same human rights standards put forth by the ICC.

“The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate to the Court by arresting  the criminals.”

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Parliament votes to sign Rome Statute of International Criminal Court

Parliament today voted almost unanimously that the Maldives sign the Rome Statute of the International Criminal Court (ICC), the founding treaty of the first permanent international court capable of trying perpetrators of genocide, crimes against humanity, and war crimes.

Maldivian MPs voted 61 in favour of signing the statute out of 64 members present.

Chairman of Parliament’s National Security Committee, Abdulla Yameen, presented the committee’s findings stating that signing the treaty would strengthen both criminal justice in the Maldives and the country’s commitment to human rights.

“All the countries that sign the treaty believe that such cases should be looked into with an international jurisdiction,” he said.

Former President’s Member of the Judicial Services Commission (JSC), Aishath Velezinee, said that accepting the jurisdiction of the ICC in the Maldives raised the possibility of taking cases to an international court when a fair trial was impossible in domestic courts.

“We have a unique situation in the Maldives,” said Velezinee, who contends that the former government’s Ministry of Justice was simply reappointed as an ‘independent’ judiciary by the politically-tainted JSC, in an ongoing effort to undermine the country’s democracy.

For this reason, she said, “Crimes [allegedly committed] by former President Maumoon Abdul Gayoom cannot be tried domestically. We can’t take the master before the slave and ask the slave to judge him. So where else can we go?”

Attorney General Abdulla Muiz had not responded at time of press.

The ICC’s advocacy group – the Coalition for the International Criminal Court (CICC) – on May 2 submitted a letter urging the Maldives to sign the treaty, which it claimed would “contribute toward strengthening the Asia and Pacific region’s under-represented voice at the ICC. Currently, only seven Asian states Afghanistan, Bangladesh, Cambodia, Japan, Republic of Korea, Mongolia and Timor-Leste – are member states of the Court.”

The CICC’s Asia Regional Coordinator Evelyn Balais-Serrano said at the time the letter was sent that the decision would represent “a strong desire to be part of the international community’s collective efforts towards international justice”, and “signals its resolve to move forward in its goal of ending impunity locally and globally.”

Internationally, 114 states have ratified or acceded to the treaty, and 139 are signatories. According to the CICC, the ICC’s mandate stipulates that the Court will only intervene if national legal systems are “unable or unwilling” to investigate and prosecute perpetrators of genocide, crimes against humanity, and war crimes.

Six pending investigations before the court include investigations in the Central African Republic, the Democratic Republic of the Congo, Darfur, the Sudan, Kenya, Libya and Uganda. Three trials are ongoing, and 15 arrest warrants have been issued.

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JSC abolishes complaints committee in name of efficiency

The Judicial Services Commission (JSC) has abolished its Complaints Committee citing “efficiency”, with complaints against judges now being forwarded for review by the legal section and Commission head Adam Mohamed.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to.

Chair of the former complaints commission, the President’s Member of the JSC Aishath Velezinee who was stabbed in the street in January this year, said the complaints committee had been unable to operate as the chair had persistently scheduled meetings “during the same days and hours as the committee meetings, and it came to the point where it was impossible for the committee to meet and work.”

“Several members including Dhivehi Rayyithunge Party (DRP) MP Afrashim Ali also boycotted the meetings making it difficult for the committee to function,” Velezinee said, claiming that no procedure had been followed in abolishing the committee, and intention was to stop complaints against judges from being investigated.

“The JSC recently adopted house rules, which gives extraordinary powers to the chair. The chair decides whether to table complaints, routinely withholds information from the Commission and responds [to complaints] himself,” she said.

The JSC has failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC’s possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

The opposition-majority parliament has meanwhile yet to back the government’s request that the Maldives join the International Criminal Court (ICC), of which half the world’s nations are members. Velezinee has previously accused certain opposition MPs of manipulating the judiciary through JSC in an attempt to retain control of the legal impunity provided them under the previous government’s Ministry of Justice.

Central to the International Criminal Court’s mandate “is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unable or unwilling to investigate and prosecute perpetrators of genocide, crimes against humanity, and war crimes,” the ICC’s international NGO coalition said in a statement.

“Perpetrators of genocide, war crimes, and crimes against humanity must be held accountable. Greater support for the ICC in Asia is needed in order to increase the region’s commitment to the fight against impunity. The Coalition therefore encourages Maldives to assert its commitment to ending the culture of impunity by acceding to the Rome Statute of the ICC.”

Parliament has meanwhile been deliberating on an amendment to the Clemency Act whereby death sentences issued by judges would be acted upon when all appeals failed. The last person be judicially executed in the Maldives was Hakim Didi in 1953, who was executed by firing squad after being found guilty of conspiracy to murder using black magic.

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Haveeru stands by Maldivian terrorist report despite Interpol denial

Haveeru has stood by a report it published claiming Interpol had confirmed that two Maldivian nationals were being sought as part of an alleged plot to attack the 2011 Cricket World Cup, despite an outright denial by the international police organisation that such an investigation has taken place.

In an article appearing on the daily newspaper’s website, Haveeru published an Interpol statement calling for corrections to a report entitled “Interpol on the hunt for two Maldivians involved in planning Cricket World Cup attack”, which the organisation alleged has “serious inaccuracies”.  The Interpol statement was followed by a response from the author of the original article standing by the claims.

Both Interpol and the Maldives’ National Security Advisor yesterday released statements that said that there had been no arrests or investigations over the involvement of any Maldivian nationals in an alleged plot to strike the International Cricket Council (ICC) World Cup event taking place in India, Sri Lanka and Bangladesh.

Haveeru today responded that it was committed to the highest journalistic standards in its investigative reporting and had sought to act in the public interest without compromising any potential ongoing investigations.

“However, Haveeru Daily wishes to inform those concerned that our Colombo Correspondent, who was also a Senior Defence Correspondent for a leading Sri Lankan national English weekly, stands by his report,” the paper stated.

“Due to the highly sensitive nature of the investigations carried out up to now, our writer is not in a position to reveal more intricate details of the probes due to reasons more fully enumerated hereinafter. However, as and when investigations unfold, Haveeru Daily will reveal further details of these investigations in due course.”

The original Haveeru report can be read here.

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