Tag: JSC

Latheefa Gasim elected to represent lawyers on JSC

Attorney Latheefa Gasim won yesterday’s polls to elect a lawyer to represent the legal community on the Judicial Service Commission (JSC).

Latheefa won the polls with 238 votes while her closest contender, former Deputy Prosecutor General Hussain Shameem, secured 163 votes.

In mid-August, the AG Office postponed the election for a second time after the Supreme Court struck down section 11(a) of the regulations enacted for conducting the polls, which state that polling mechanisms would be established on inhabited islands with at least five registered voters.

The apex court had declared that all licensed lawyers eligible to vote in the elections – including magistrates of island courts – should be able to do so anywhere in the country without registering.

The order prompted the AG Office to repeal the procedural regulations as the “essence” of the annulled clause was assuring “secrecy of the ballot”.

Latheefa had previously served on the JSC as former President Dr Mohamed Waheed’s member on the 10-member judicial oversight body.

Shameem meanwhile thanked voters on Twitter following the polls and expressed gratitude for support despite “nonstop rain, flooding and difficulties in communication.”

Among the other contestants, Mohamed Faisal received 63 votes, Anas Abdul Sattar received 19 votes, and Rusdhulla Ibrahim got 10 votes.

The AG Office had enacted new regulations (Dhivehi) in line with the Supreme Court order (Dhivehi). Lawyers and magistrates in other islands were allowed to vote via fax from a polling station arranged by the AG Office.

Once the faxed ballot paper with the name, signature and fingerprint of the voter is received by the AG Office, an election official at the office was to omit the section with the name and cast the ballot into a ballot box in Malé.

After withdrawing his candidacy, lawyer Mohamed Fareed had objected to judicial interference in the election following an earlier Supreme Court’s ruling allowing all licensed lawyers, including sitting MPs and judges, to vote in the election.

“The belief that an election in the Maldives may proceed without Supreme Court interference is against the facts, reality. This is the reality now,” he said at a press conference.

With voting mechanisms set up on every island, magistrates would be forced to vote for the judiciary-backed candidate Latheefa Qasim, he suggested.

Likes(0)Dislikes(0)

Supreme Court approval required for transfer of judges

The Supreme Court has issued new rules requiring judges requesting transfer to a different court to seek approval from the apex court.

The rules (Dhivehi) enacted yesterday stipulate that judges of lower courts seeking transfer must write to the Supreme Court stating the reason for the change.

“The transfer of a judge of a lower court from one court to another shall be decided by a majority of the Supreme Court bench,” states section five of the rules.

Former Judicial Services Commission member Aishath Velezinee has accused the court of taking administrative control of the judiciary, while the UN has previously suggested the independence of lower courts is being compromised.

Once a decision is reached, the new rules state that the reappointment would be made by the Judicial Service Commission (JSC) based on the Supreme Court’s proposal. The judge would be given time to conclude cases before the transfer is finalised.

Judges must have served at least two years in the court they were appointed to before the request could be considered.

Before proposing the transfer to the JSC, the rules state that the Supreme Court bench must ensure the importance of the judge working in a different court based on academic qualifications and experience and consider whether the judge has relevant experience better suited to a different court.

For evaluation of the request, the apex court should also consider the quality of work done by the judge, the number of cases heard by the court or judicial area, the number of unfinished cases, the number of judges in the court or judicial area to which the transfer has been requested, and the population of the judicial area.

Outspoken whistleblower, Velezinee, told Minivan News today that the Supreme Court was taking over functions of the JSC.

“The Supreme Court is systematically taking control of the judiciary and misconstruing the Constitution for their benefit,” she said.

“The JSC is controlled by the Supreme Court and remains silent on these matters, facilitating the Supreme Court take over.”

The promotion and transfer of judges was previously overseen solely by the JSC. Last month, the JSC demoted former Chief Judge of the High Court, Ahmed Shareef, to the Juvenile Court as a disciplinary measure.

Under the Judges Act passed in 2010, transfer of judges was to be made by the Judicial Council, before the Supreme Court struck down the relevant articles in the Judicature Act, abolishing the council.

“Take over”

In May, the Supreme Court enacted new rules stipulating that the Department of Judicial Administration (DJA) – tasked with management of the courts and public relations as well as providing facilities, training, archiving systems and security for judges – will function in accordance with policies set by the apex court bench and under the direct supervision of a designated justice.

Velezinee stressed at the time that the administration of justice and the administration of the courts were “two different though interconnected issues.”

“The Supreme Court is misconstruing article 156 of the Constitution and the appointment of a Supreme Court judge to [oversee] the DJA is tantamount to control of the courts,” she contended.

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that “the dissolution of the Judicial Council and the direct control of the Supreme Court over the [DJA] have had the effect of centralising administrative decisions in the hands of the Supreme Court.”

“This has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes,” she noted.

She also referred to “several complaints about internal tensions in the judiciary, where lower courts are left with the feeling that the Supreme Court only works for its own interests, without taking into account the situation of other judges and magistrates.”

Earlier this month, the Supreme Court informed lower courts that it would be appointing magistrates to take over cases where magistrates have recused themselves.

The apex court noted that it has learned of magistrate courts writing to the JSC to appoint magistrates in cases where the presiding magistrate had excused himself.

Noting that the Supreme Court was the “highest authority for the administration of justice” under Article 141 of the Constitution and referring to a circular issued on August 10, 2011 – which stated that the Supreme Court would specify rules for appointing magistrates following recusal –  Chief Justice Ahmed Faiz Hussain asked magistrate courts to write to the Supreme Court if a magistrate recuses himself from a case.

In May, the Supreme Court also formulated new regulations making it mandatory for judges and judicial employees to seek permission to attend overseas workshops, seminars, conferences, or training programmes.

Likes(0)Dislikes(0)

Nine persons apply for vacant High Court judge post

Nine persons – six males and three females – have applied for the vacant post of Judge on the High Court bench.

The applicants are UNDP Resident Representative Aishath Rizna, Family Court Head Judge Hassan Saeed, Hulhumalé Court Marriage Registrar Hassan Ali, Criminal Court Judges Abdulla Didi, Muhuthaz Fahmy, and Civil Court Judges Aishath Sujoon, Mariyam Nihaayath, Hussain Mazeed, Abdulla Jameel Moosa.

Likes(0)Dislikes(0)

Drug Court Judge Mohamed Easa Fulhu elected to JSC

Drug Court Judge Mohamed Easa Fulhu has been elected to represent the lower courts on the Judicial Service Commission (JSC).

In an election that took place yesterday with four judges standing for the seat, Easa came first with 84 votes. His closest contender, Drug Court Judge Zubair Mohamed, received 63 votes.

The third and fourth-placed judges, Civil Court Judge Ali Naseer and Chief Magistrate of Faafu Magoodhoo Magistrate Court Abdul Sattar Sulaiman, received 12 and seven votes.

Earlier this month, the Attorney General’s Office postponed an election for a lawyer to represent the legal community on the JSC following a Supreme Court order.

Likes(0)Dislikes(0)

Parliament sitting adjourned amid disorder

Today’s sitting of parliament was adjourned by Speaker Abdulla Maseeh Mohamed amid vociferous protests by opposition Maldivian Democratic Party (MDP) MPs over an amendment proposed to the parliamentary rules to require a vote ahead of debating bills and resolutions.

MDP MPs accused the ruling Progressive Party of Maldives (PPM) of attempting to “silence the voice of the minority party” by blocking debate on resolutions.

The PPM together with the five MPs of coalition partner Maldives Development Alliance (MDA) have a combined 48 seats in the 85-member house.

Under the existing rules or standing orders, bills and resolutions submitted to the People’s Majlis have to be tabled in the agenda and debated on the floor ahead of a vote.

If MPs decide to accept a bill or resolution following preliminary debate, it would be sent to committee for further review ahead of a final vote.

Previously, motions without notice – which opens the floor for a one-hour debate on matters of urgent public importance – submitted by MDP MPs have been defeated by the majority party.

In July, pro-government MPs voted against a motion without notice submitted by MDP MP Imthiyaz Fahmy to debate the Judicial Service Commission’s (JSC) controversial decision to clear Supreme Court Justice Ali Hameed of misconduct over his appearance in a series of sex tapes.

Imthiyaz revealed to the press this week that Speaker Maseeh – a member of the PPM – had sent a letter on Saturday (August 16) to the general affairs committee requesting the revision.

Imthiyaz noted that a resolution he submitted in July calling for a parliamentary debate on the JSC decision regarding Justice Ali Hameed’s sex tapes has yet to be tabled in the agenda by the speaker.

Today’s sitting became disorderly during debate on a report (Dhivehi) compiled by the general affairs committee after evaluating the amendments proposed by the speaker.

The committee had rejected the amendment proposed to section 77(a) after MDA MP Ahmed Amir voted in favour of a proposal by Jumhooree Party (JP) MP Ahmed Mubeen to keep the section unchanged.

The proposal was passed with five votes after Amir voted with JP and MDP MPs on the committee.

However, PPM MP Jameel Usman proposed the same amendment during today’s debate, prompting MDP MPs to object with points of order.

Several MDP MPs also sprang from their seats and surrounded Usman while he was proposing the amendment. Under the rules, once an amendment is proposed to a committee report and seconded, the speaker must put it to a vote.

MDP and JP MPs accused the ruling party of attempting to overrule the committee decision by using their majority in the full house floor.

However, Usman reportedly said later that he was not in favour of requiring a vote ahead of preliminary debates for bills and resolutions, claiming that he was going to propose giving each party and independent MP five minutes during debates but was shouted down.

Likes(0)Dislikes(0)

Attorney General’s Office postpones JSC lawyer election following Supreme Court order

The Attorney General’s (AG) Office has postponed an election for a lawyer to represent the legal community on the Judicial Service Commission (JSC) following a Supreme Court order.

The AG office announced the postponement on Thursday night (August 14) after the Supreme Court struck down section 11(a) of the regulations enacted for conducting the polls, which states that polling mechanisms would be established on inhabited islands with at least five registered voters.

The Supreme Court issued an order (Dhivehi) on Thursday afternoon annulling the clause and declared that all licensed lawyers eligible to vote in the elections – including magistrates of island courts – should be able to do so anywhere in the country without registering.

Following the apex court order, the AG office explained in a press statement that it has repealed the procedural regulations as the “essence” of the annulled clause was ensuring “secrecy of the ballot”, which could not be assured after it was struck down.

The election had been scheduled for August 21. The AG office said it would announce a new polling date later.

The election had previously been delayed after Gaaf Dhaal Fiyori Magistrate Abdul Razzak Mohamed filed a case at the Civil Court seeking annulment of section 11(a).

After issuing a stay order postponing the election pending a judgment, the Civil Court ruled in late July that annulling the requirement would violate the secrecy of the ballot.

Judge Ali Rasheed Hussain noted that allowing voting mechanisms on islands where only one lawyer casts a ballot would compromise secrecy.

Speaking to Minivan News at the time, former Deputy Prosecutor General Hussein Shameem – among the four candidates for the seat – welcomed the Civil Court verdict.

“The verdict yesterday proves the Fiyori magistrate had no case. He has caused an undue delay to the process. An election involves the rights of a group of people, not just one individual. I hope the courts consider this in the future and that there are no more delays,” he said.

In addition to Shameem, the other candidates are Anas Abdul Sattar, Mohamed Faisal, and Latheefa Qasim.

Lawyer Mohamed Fareed, however, withdrew his candidacy on July 10, expressing concern over judicial interference in the election following the Supreme Court’s ruling allowing all licensed lawyers, including sitting MPs and judges, to vote in the election.

“The belief that an election in the Maldives may proceed without Supreme Court interference is against the facts, reality. This is the reality now,” he said at a press conference.

Had voting mechanisms been set up on every island, magistrates would have been forced to vote for the judiciary-backed candidate Latheefa Qasim, he suggested.

Latheefa is a public relations staff at the Department of Judicial Administration and had served on the JSC for a year as former President Dr Mohamed Waheed’s appointee to the commission.

Former Attorney General Husnu Suood meanwhile accused the ruling Progressive Party of the Maldives of attempting to fix the composition of the new JSC.

Although he was skeptical of reform through the commission, Suood urged lawyers to back Shameem in order to ensure transparency within the JSC.

“If there is a single effective candidate, I believe they can give us information and work to make the JSC more transparent. There is a huge difference between one person being there and none being there,” he said.

In July, parliament voted for PPM MP Ibrahim Riza to represent the People’s Majlis on JSC.

Likes(0)Dislikes(0)

JSC clears Criminal Court Judge Abdul Bari Yousuf of ethical misconduct

The Judicial Service Commission (JSC) has cleared Criminal Court Judge Abdul Bari Yousuf of allegations of ethical misconduct and lifted his suspension after more than one year and five months.

The judicial watchdog revealed in a statement on Thursday (July 24) that the commission decided there was “insufficient concrete evidence” to prove wrongdoing following consideration of a report prepared by an investigating committee.

The JSC had suspended Bari in February 2013 pending the outcome of an investigation after a complaint was submitted the previous month.

Bari has reportedly been receiving full pay and allowances since his suspension.

Although the commission did not reveal any details regarding the complaint, local media reported that a female attorney from the Prosecutor General’s Office had alleged that Bari sexually assaulted her.

While the JSC refused to confirm the allegations at the time, JSC Spokesperson Hassan Zaheen told Minivan News last week that the commission only provides information to the media after concluding a case.

The JSC is tasked by the Constitution with investigating complaints and taking disciplinary action against judges.

Judge Bari has presided over a number of high-profile cases at the Criminal Court in recent years.

In February 2010, he acquitted Adam Naseer Aboobakuru, whom the administration of former President Mohamed Nasheed had labelled one of the country’s “top six” drug kingpins.

Naseer was arrested in June 2009 with over MVR6 million (US$461,500) in cash while police also found a tin containing drugs outside his house.

Judge Bari, however, ruled that the prosecution was unable to establish that the money was earned from dealing drugs and that the narcotics could have been placed outside Naseer’s house.

In 2011, Bari also ordered the release of Abdul Latheef, who was suspected of involvement with a high-profile drug cartel.

Despite initially ordering Latheef be kept in detention, the Criminal Court changed its first decision in a letter sent to the police asking for the suspect to be transferred to house arrest.

Latheef had been taken into custody with over 1,000 grams of cannabis in the trunk of his car.

Judicial oversight

Last week, the JSC denied media reports alleging that an investigating committee had found former Criminal Court Judge Muhthaz Muhsin – who was appointed as the new prosecutor general on Tuesday – guilty of ethical misconduct.

Muhsin had allegedly attempted to save a suspect arrested for theft from being held in remand detention.

According to the JSC’s annual report for 2013, the commission has yet to conclude investigations or make a decision regarding 106 cases, which were pending at the end of last year, including one complaint dating back to 2008 and four complaints from 2009.

Other pending cases included 13 complaints from 2010, 16 complaints from 2011, 17 complaints from 2012, and 55 complaints from 2013.

The complaints against judges involved allegations of bias, lack of integrity, behavioural misconduct, discrimination, incompetence, procedural violations, inordinate delays in concluding cases, and breach of law and the constitution.

In a comprehensive report on the Maldivian judiciary released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, noted that there was consensus on the view that the current composition of the JSC was “inadequate and politicised”.

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

Moreover, a lack of transparency regarding proceedings over complaints, the criteria used to initiate proceedings, and JSC decisions “nourishes serious allegations of selectivity in the management of complaints.”

Likes(0)Dislikes(0)

PPM MP Ibrahim Riza elected to represent Majlis on JSC

Progressive Party of Maldives (PPM) MP for Kaafu Guraidhoo, Ibrahim Riza, has been elected at today’s sitting of parliament to represent the People’s Majlis on the Judicial Service Commission (JSC).

Riza’s nomination was approved with 47 votes in favour and 27 against. Riza was nominated by Majority Leader Ahmed Nihan and seconded by PPM MP Jameel Usman.

The opposition Maldivian Democratic Party had decided to back Jumhooree Party MP Ali Hussain for the post.

The JSC is comprised of the Speaker of the People’s Majlis, a Supreme Court Justice elected by the bench, a High Court judge elected by the judges of the High Court, a judge of the lower courts elected by the judges of the lower courts, an MP elected by parliament, a member of the public appointed by parliament, a presidential appointee, the attorney general, president of the civil service commission and a lawyer elected from among licensed legal practitioners.

Also at today’s sitting, PPM MP Mohamed Waheed Ibrahim was appointed as the parliament’s representative on the Clemency Board with 48 votes in favour and 29 votes against.

PPM MP Ahmed Rasheed was meanwhile appointed as the parliament’s representative to a coordinating committee created under the anti-human trafficking law passed last year.

Likes(0)Dislikes(0)

MDP calls parliamentary debate on Supreme Court Judge Ali Hameed sex tape scandal

The opposition Maldivian Democratic Party (MDP) has called for a parliamentary debate on the judicial watchdog’s decision to clear Supreme Court Judge Ali Hameed of misconduct charges in a sex tape scandal.

The Judicial Services Commission (JSC) on June 25 claimed insufficient evidence to indict the judge in a court. The three sex tapes leaked on social media appear to show Hameed fornicating with three different foreign women in a Colombo hotel room.

The commission did not suspend Hameed in the course of investigations despite several sub committee recommendations.

Critics have since argued the JSC is mandated to conduct disciplinary investigations which entail different penalties than criminal investigations.

MP Imthiyaz ‘Inthi’ Fahmy in a resolution on Wednesday said the JSC decision has “closed all the doors for unveiling the truth regarding the case.”

The resolution also stated that the JSC contravened its own standards in determining misconduct in order to save Judge Hameed, and had “sacrificed judicial independence and the Constitution and prioritized [Judge] Ali Hameed’s interests” by purposefully delaying the case for over a year.

In serious cases of corruption and misconduct, allegations must be investigated promptly and the judge must be suspended until investigations are completed, Fahmy noted.

Further, the JSC decision to retain a judge perceived to be “corrupted, shamed, dishonored and blackmailed’ on the Supreme Court bench affects the freedom and independence of the apex court and undermines trust in decisions of all other courts, the resolution said.

The JSC has violated the public’s constitutionally enshrined right to a fair trial at a free and independent court, Fahmy said.

The first reading of the resolution was held on Wednesday. It will be opened up for debate within a seven day period and MPs will cast a vote to accept or reject the resolution.

Speaking to Minivan News, Fahmy said he wanted a parliamentary probe in to the JSC decision.

“The decision has set a very wrong standard, we cannot allow this to continue. The JSC does not have to use criminal standards in a disciplinary case like this, anyone familiar with law will know with that. The parliament should look in to this and hold JSC accountable,” he said.

However, given the ruling Progressive Party of the Maldives (PPM) avoidance of the subject of judicial reform, Fahmy said he is skeptical of the outcome of the resolution. The PPM currently holds a majority in the parliament.

“Even so, I hope the parliament will approve this for the sake of an independent judiciary and justice. The hope is to reform the judiciary in this country,” Fahmy said.

Despite international and domestic criticism of the judiciary, President Abdulla Yameen has failed to respond to the issue. Yameen has said he left the subject out from his first presidential address due to the trust and respect he has for the judiciary.

Sex, corruption

The police formally launched an investigation against Hameedin July 2013 after still images of the sex tape began circulating on social media.

The police investigations consisted of two-parts, one concerning the content of the video and another regarding the use of the tapes to blackmail Hameed. At the time, the JSC voted not to suspend Hameed citing lack of evidence.

Soon afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women surfaced on social media.

In December 2013 the police stalled investigation claiming they were unable to ascertain the identity of the man in the sex tapes.

At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September. The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.

A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a vote.

The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.

“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the association said in a statement at the time.

In May, the police closed investigations and said it would only open the case if it receives new information.

In another leaked video , Hameed allegedly suggested he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010. However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.

A 2010 audit report of the Department of Judicial Administration reveals that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

The Supreme Court has dismissed allegations of corruption.

Likes(0)Dislikes(0)