Tag: JSC

Three years ago, the JSC colluded to reappoint Gayoom’s judges: Aishath Velezinee

On this day three years ago, on July 27, 2010, I cried in public, standing on the road, outside Maldives Police Headquarters.

I had gone to the police to report that the Judicial Service Commission (JSC) was sitting at work, on a public holiday, in a hastily called, irregular, unlawful sitting, putting the final stamp on a long-drawn conspiracy to hijack the judiciary.

It was, I now believe, the first major takeover in the coup that brought down the Maldives’ first democratically-elected President on Feb 7, 2012.

The station was on holiday mode and there was no one available to hear my complaint. The junior officers at the counter tried calling superiors but it appeared they had all been busy with the Independence Day, the day before, and were “off”.

There was none to speak to. I told the officers on duty that the Judicial Service Commission was sitting, at work, and that given two hours, they would bring down the state, and walked out. They stood, in silence.

I had tried all other avenues before, and had tried to reach President Nasheed through his office. The President was out of reach, out of Male’ on official ceremony with the Maldives National Defence Force (MNDF), on their territory, outside Male’ where he was Commander in Chief with the MNDF alone.

I was helpless to stop it, and I was convinced the state was collapsing. The Judicial Service Commission was at that moment sitting, colluding, to reappoint Gayoom’s judges en masse and approving them name by name, without check or inquiry.

No one else in the country appeared to know. The media found it all too fantastic. It appeared a Hollywood script, too unreal to be taken seriously.

I stood outside the Police Headquarters, frantic, tears streaming down my face from behind my big black sunglasses, trying to think what to do next, when Colonel Zubair came out of MNDF Headquarters saw me and came up. He saw me crying as I couldn’t stop the tears, though I pretended I wasn’t crying, and it just started pouring and poured more as I spoke. I explained my predicament to Zubair, who called up a police chief.

To cut short, it was explained to me that they understood my case but the police could not act to prevent the Judicial Service Commission from breaching the constitution, acting against the state, hijacking the courts, or robbing the people of the independent judiciary guaranteed by the constitution. These were the crimes I was reporting in my non-legal mind.

I walked back slowly, and went to Maanel, my haven, where I ran to breathe whenever the JSC stifled me, and where I went to vent and collect myself before running back when the JSC taunted, threatened, and attacked me as it often did in those days, in 2010. The JSC was just down the street.

I went to Maanel, left safe the documents I’d taken out from JSC that morning safe, and telling Wimla and Huchen what was going on, I left Maanel and walked back to JSC with only a water bottle, my phone and JSC keycard.

I was on my way to my first ever protest, having only been an observer, a reporter, in the years protesting had begun.

All along, I had been calling up media and contacts, telling people what was going on, and there was some public activity. A small crowd was already gathered outside the JSC when I went back.

I had gone that morning at 10:00am to find the Speaker, Abdulla Shahid, sitting at his place in the Commission, to the right of then Commission Chair, interim Supreme Court Justice Mujthaaz Fahmy, ready to complete the elaborate pretence of executing Constitution Article 285.

Until then, I had kept hope Abdulla Shahid was outside the matter, and despite all evidence to the contrary had kept my trust in him, and appealed to him, to bring an end to this awful charade that was about to kill the Constitution. I knew Abdulla Shahid understood constitution and democratic principles and standards like no other.

Seeing Shahid, I realised this was far bigger a conspiracy than I had wanted to believe.

I protested, inside the conference hall where the JSC continued with its treason despite my live commentary via my phone to a loudspeaker speaker outside. I protested until early evening when it finally ended.

By then there were MPs and a few lawyers speaking on the media, and the media was covering the protests outside JSC.

The people protested. And the JSC pretended to hear. After the protesters left, they returned the next day, and quietly carried out the crimes that haunt us today.

I stayed away on July 28, 2010, having informed the Commission that I would not be participating in any unconstitutional sittings or activities in the JSC.

It was Sheikh Shuaib Abdul Rahman, member appointed to the JSC from the Public by the Majlis, who protested on July 27, 2010, against the JSC’s breach of trust.

Sheikh Shuaib walked out in protest over the JSC approving the appointment of Chief Criminal Court Judge Abdulla Mohamed, despite the commission having evidence Abdulla Mohamed did not possess the qualifications of a judge required under Islamic Sharia.

Sheikh Shuaib then spoke tothe  media and informed the public what had happened in the JSC that day, July 27, 2010.

I spoke with JJ Robinson of Minivan News a few days later about what I was seeing.

The rest is history, to be written and rewritten, as it comes.

Velezinee protests the reappointments in 2010:

http://www.youtube.com/watch?v=HDiTN72684s

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Gasim accepts loss of JSC seat after lawyers question conflict of interest

Jumhoree Party Presidential Candidate and MP Gasim Ibrahim has submitted a letter to Parliament accepting the loss of his seat on the Judicial Services Commission (JSC), after a number of practising lawyers questioned the legality of him remaining on the commission.

Citing Article 10 (a.iv) of the JSC Act, which states that a member of the commission will automatically lose his seat in the instance that they “file to contest in an election for any political position under the constitution of the Maldives”, the lawyers claimed that Gasim could not remain in the judicial watchdog as he is contesting in the upcoming September 7 presidential elections.

Stating that Parliament should now declare Gasim’s seat on the JSC to be vacant, lawyer Ali Hussain told local media, “it is the parliament that needs to do so, as according to law, the institution that appoints a person to the commission that can remove him from the post. Gasim’s argument in his defence may be that even currently he is in an elected position. However, this time he is not contesting as an MP. The problem may not have risen if he was contesting as an MP, but it persists since he is running for presidency.”

At a press conference held Thursday (July 25), Gasim stated that he had attended a commission meeting on Monday (July 22) after having filed for presidential election candidacy, adding that he had done so only because the JSC had not yet come to a decision on the matter of him contesting in the elections.

Although Gasim has accepted the loss of his seat on Thursday after the issue was raised by lawyers, at a press conference held on July 14 – prior to filing his candidacy at the Elections Commission – Gasim stated that his seat at the JSC cannot be questioned even though he is contesting in the elections and that he would not resign from the post.

Speaker’s duty to inform Gasim: Independent MP Nasheed

Parliament’s Independent Institutions Oversight Committee Chair, independent MP Mohamed Nasheed, has also confirmed that Gasim cannot continue sitting in the JSC.

At a committee meeting held on Thursday, Nasheed stated that informing Gasim of the loss of his seat is the duty of Speaker of Parliament Abdulla Shahid, and not of the committee itself.

All attending members at the meeting unanimously agreed that the presidential candidate will lose his seat in the judicial watchdog as per Article 10 (a iv) of the JSC Act.

Parliament Speaker Abdulla Shahid and MP Mohamed Nasheed were not responding to calls at the time of press. Gasim Ibrahim’s phone was switched off.

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JSC votes not to accept resignations of sex tape probe members

The Judicial Services Commission (JSC) has reportedly refused to accept the recommendations of two members of the subcommittee investigating the leaked sex tapes of Supreme Court Judge Ali Hameed.

According to local media, the JSC refused to accept the resignation of the watchdog body’s deputy president Abdulla Didi and presidential representative Latheefa Gasim.

Their resignations followed the JSC voting to disregard the subcommittee’s recommendation to suspend the judge pending investigation.

According to local media, the commission voted not to accept the resignations. Media officer Hassan Zaheen told Haveeru the two members would resume their duties following the vote.

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JSC Committee investigating Supreme Court Justice’s sex tape meets with police

The Judicial Service Commission (JSC)’s committee investigating the alleged sex tape of Supreme Court Justice Ali Hameed yesterday met with police.

The local media reported that police and JSC had not provided any details of the meeting.

A committee consisting of JSC Vice Chair Abdulla Didi, commission members Latheefa Gasim, Ahmed Rasheed and two other persons outside the JSC was composed last week to look in to a case involving video footage of Supreme Court Justice Ali Hameed allegedly having sex outside marriage, after the police formally notified the JSC.

A second video also surfaced on social media networks apparently depicting Hameed and a local businessman discussing political influence in the judiciary. Local media identified the businessman as Mohamed Saeed, the director of local business firm ‘Golden Lane’.

Justice Hameed in the video also goes on to reveal his political ‘hook-up’ with Abdulla Yameen Abdul Gayoom – the current Progressive Party of Maldives (PPM) presidential candidate – claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”.

After the video footage surfaced in the media and social network, the police have summoned Justice Hameed twice to reportedly query about the issue.

Both police and JSC are remaining silent on the matter and have not provided details of the investigations to the local media.

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Comment: Courts now more a source of comedy than justice

In May 2013, the report presented to the UN Human Rights Council by the Special Rapporteur on the Independence of Judges and Lawyers made critical observations on the Maldives’ state and current constitutional crisis.

Ms Gabriela Knaul observed, among other things, two issues that, in my opinion, negate any belief in the Maldives as a democratic State respecting rule of law, or even as a so-called infant democracy intent on building a democratic government and a democratic culture.

She noted; (1) The “concept of independence of the judiciary has been misconstrued and misinterpreted in the Maldives, including among judicial actors”; and (2) The “People’s Majlis should bear in mind how their actions or inaction affects the establishment of the rule of law.”

Can there possibly be a more damning observation to conclude that the Maldives State has failed? Can there be a more damning observation to declare that the Maldives State does not hold legitimacy under its’ own Constitution? Or, in fact, that the events of February 7, 2012 were the end result of a long drawn struggle, and the eventual kill of the Constitution?

The responses of the State to the UNSR report is further incriminating.

The Government, instead of being alarmed or attempting to inquire or redress as may be expected of a responsible State, pointed the finger at Ms Knaul, inferring the report “undermined the country’s sovereignty and legal jurisdiction”.

How it undermines the legal jurisdiction is not quite understood, and it appears the Government is referring to Ms Knaul’s interpretations, perhaps claiming it a sovereign right, the right to interpret its laws independently, independent of established international law, democratic principles and standards?

The Parliament saw little of concern in the report. Government aligned MPs had no initiative and opposition Maldivian Democratic Party (MDP) overlooked the fundamental questions on the legitimacy of the Courts, the breach of trust by judge, Court and the Judicial Service Commission, instead focusing on subsidiary issues: Hulhumale’ Magistrate Court and the political trial of President Nasheed.

The corruption of the judiciary, impunity of the JSC and its constitutional breaches are matters the Parliament has been unable to address, the real struggle being within the Parliament itself, as conflict of interest interferes in MP duties.

Presidential candidate, Jumhooree Party (JP) leader, MP and sitting JSC member Gasim Ibrahim, during a rally soon after the UNSR’s visit to the Maldives in February this year, went as far as to call Ms Knaul an ignorant busybody – “just like that Velezinee” – who does not understand the Maldives is a sovereign country and has the right to define and interpret its own Constitution and act free of foreign influence.

He had a lot more to say, suggesting the UNSR was either charmed or bought into repeating a tale the majority do not agree with!

The JSC itself too found the UNSR had not told the tale they had to tell. The same for the Supreme Court, which has previously expressed the opinion that they are not bound by international human rights covenants the State is a Party to.

Today, the Courts in the Maldives are more a source of comedy than justice, ridiculed rather than respected, and the subject of much discussion on the widely used social media network as “news” of judges, Courts and JSC make frequent headlines on local media.

The most recent scandal to hit the headlines, and rise to international news too, is the blackmail of a Supreme Court “Justice” using a sex tape of the judge in a compromising position.

The police caught the blackmailer red-handed. He turned out to be Ahmed Faiz, an Executive Committee member of sitting President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP).

Ironically, Faiz had been dismissed from Dr Waheed’s government himself following an earlier leaked audio clip in which Faiz was heard telling some friends all about how the February 7, 2012 coup that was not was really a coup had been carried by Faiz on behalf of Dr Waheed.

I myself was ambushed by the same Faiz in a café a few weeks after the tape leak and he told me a very long story where he said Dr Waheed had dismissed him only from an honorary position he held without pay, that it was “just for show” to pacify the public, and that he was not dismissed from his real paid job!

Faiz also confided that he’d been called to meet President Waheed where all was explained to Faiz and he was reassured Waheed was only taking a superficial action to end pressure from others. Faiz owned up to it being him on the recording, alleged that it was the Progressive Party of Maldives (PPM) of former President Gayoom behind the leak of his conversation, and named a PPM activist as the one responsible.

It must be said, Faiz is not a person I had met in person or spoken a word to before this chance meeting, and I only “knew” him from Facebook where he had harassed me relentlessly (2010-11) without reason or argument until I finally blocked him.

Since the leaked sex tape, another “tape” of another friendly chat has been made public. In this spy camera recording, Supreme Court Justice Ali Hameed, who is alleged to be the subject in the exposed sex tape, and Mohamed Saeed, a local businessman from Ali Hameed’s native Addu Atoll, are heard to discuss the politics of the judiciary, and a mention of a possible murder is also heard.

If Ali Hameed as heard on the tape is to be believed, the judiciary is in cohort with the politicians backing the coup, and are now at the receiving end of the political scuffles within the “unity government” as the politicians realign in a bid to take over government in the scheduled September 7, 2013 elections.

The Supreme Court remains silent. So does the Judicial Service Commission. The Parliament, instead of focusing on holding the State accountable, has taken upon them the role of attacking or defending the judge and Courts.

Considering that “the Supreme Court has been deciding on the constitutionality of laws ex-officio, without following appropriate examination procedures, under the understanding that they are the supreme authority for the interpretation of the Constitution,” as the UNSR Ms Knaul noted, and that the checks and balances do not function, it seems the scramble now is to re-conquer the Supreme Court.

The sitting “Judges” remain sitting ducks, without will or agency to stand up independently for the independence of judges, and to protect their own good names tarnished in the political struggle to control or free the judiciary.

Where the President Maumoon Abdul Gayoom had, for 30 years up to 2008, “the supreme executive and judicial authority” and the culture developed therein, it is no surprise that there is little understanding or identification of real issues by the masses.

Worrying is the continued misreading by the politicians and the miseducation of the public.

Aishath Velezinee (@Velezinee on twitter) is an independent democracy activist and writer. She was the Editor of Adduvas Weekly 2005-07 and served on the Maldives’ Judicial Service Commission (2009-11). She claims the Commission she sat on breached constitution in transition; and advocates for redress of Article 285, and a full overhaul of the judiciary as a necessary step for democracy consolidation.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Former JSC member ‘Reynis’ Saleem commissioned Afrasheem murder suspect for extortion: police

President Dr Mohamed Waheed’s dismissed representative on the Judicial Service Commission (JSC), Mohamed ‘Reynis’ Saleem, commissioned Azleef Rauf, a suspect in the murder of MP Dr Afrasheem Ali, to retrieve money owed to him, a police investigation has found.

Police revealed the case was forwarded to the Prosecutor General’s Office (PGO) on June 26, with charges of extortion, theft and damaging private property raised against Saleem, Rauf and three others.

The other suspects were identified as Mohamed Hamid, 26, of Irak in Seenu Meedhoo; Abdulla Saeed, 29, of Autumn Vaadhy in Haa Alif Dhidhoo; and Abdulla Hunaish, 42, of Galolhu Moonlight View in Male’.

The five men are accused of “intimidating and threatening two people over the course of several days saying they owed money, robbing them of their belongings, forcibly taking them places and damaging their property”.

Moreover, the group stole a motorcycle belonging to the victims “to [keep] until they paid”, assaulted the pair, and threatened them at their workplace after forcing their way in and damaging items in their office, according to police.

‘Reynis’ Saleem was sacked from his post at the JSC by President Waheed on June 18 following unsuccessful attempts by police to take the criminal defence lawyer into custody.

The Criminal Court reportedly refused to grant police an arrest warrant earlier this month, a decision backed upon appeal by the High Court.

Saleem was the defence counsel of Deputy Speaker of Parliament Ahmed Nazim in criminal cases involving an alleged scam to defraud the now-defunct Ministry of Atolls Development.

The cases were dismissed by the Criminal Court shortly after the controversial transfer of presidential power on February 7, 2012.

Saleem was sacked by President Waheed a day after the Civil Court issued a court order freezing the bank accounts and holding the passport of Dr Waheed’s running mate and Dhivehi Rayyithunge Party (DRP) Leader, Ahmed Thasmeen Ali.

The court order was issued in a case filed by Deputy Speaker Nazim seeking enforcement of a Civil Court verdict in April 2011 –  upheld by the High Court in April 2013 – ordering the recently appointed running mate to settle an unpaid debt of MVR 1.92 million (US$124,513).

The move followed increasingly fractious relations between Nazim’s Progressive Party of Maldives (PPM) and the coalition of four parties backing Dr Waheed’s bid for the presidency.

Meanwhile, after he was summoned for questioning by police in May, Saleem denied the allegations of commissioning gangs for extortion.

“The first thing I want to make clear is that I don’t have any links with gangs, or links with any person connected with gangs,” Saleem told local media.

“The question the police asked was whether I had sent a group to collect some money owed to me by someone. I said that I never sent any group to collect any money for me. So if someone owed me money, I would go to court. I shouldn’t have to involve a group,” explained Saleem.

Saleem also denied allegations he had links to the Maldives National Defence Force (MNDF) officer Azleef Rauf, who was accused of planning the murder of MP Dr Afrasheem Ali by chief suspect Hussein Humam, and was subsequently arrested on May 23.

“A serious question is being raised, about a person named Azleef. When I read the papers today, there were reports about a person named Azleef. Right now is a very critical moment, and they have associated my name with his name. I don’t want any newspaper writing in this manner,” said Saleem.

Saleem claimed that his police summons was politically motivated and related to his current JSC responsibilities, but that he would “disclose details [about the allegation] when the right time comes”.

After initially denying that he murdered the moderate religious scholar and PPM MP, Humam confessed to the crime at a court hearing in May.

According to a previous statement given by Human at a pre-trial detention hearing on December 7, 2012, which was read out by the state prosecutor at court, Human was enlisted by Azleef Rauf to commit the murder.

Human however retracted his confession at the next trial date on June 2, claiming his previous statement was obtained by police through coercion.

Rauf was meanwhile dismissed from the army earlier this month following his arrest in May.

On May 28, the Criminal Court extended Rauf’s detention period while local media reported that he was arrested on charges of mugging.

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President appoints Judicial Adminstration Spokesperson as his JSC representative

President Dr Mohamed Waheed has appointed Judicial Administration Spokesperson Latheefa Gasim as his representative on the Judicial Service Commission (JSC).

A statement from the President’s Office said Waheed presented the letter of appointment to Latheefa Gasim this afternoon, after she took an oath of JSC membership administered by Supreme Court Justice Abdulla Areef.

Waheed’s previous representative, Mohamed ‘Reynis’ Saleem was removed from his post last week following a police investigation into his alleged use of gangs for the purposes of extortion.

The lower courts threw out a police request for a warrant to arrest Saleem, a decision which was upheld by the High Court on appeal.

The JSC is the watchdog body charged with overseeing the professional and ethical conduct of the judiciary, and has faced sharp criticism both locally and internationally over its lack of independence and politicisation.

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High Court Chief Judge files lawsuit against JSC for second time

High Court Chief Judge Ahmed Shareef has filed a lawsuit at the Civil Court for a second time against the Judicial Services Commission (JSC), challenging his indefinite suspension by the judicial watchdog.

Shareef’s lawyer Husnu Suood – a former Attorney General under the administration of former President Mohamed Nasheed – told local media that the second case was filed this week with the same request to issue an injunction halting Shareef’s suspension.

On Monday (June 17), the previous case submitted by Shareef was dismissed by Civil Court Judge Hathif Hilmy after the claimant did not attend a hearing scheduled for that day and failed to provide the court with a valid reason for his absence.

Speaking to Minivan News today, Husnu Suood said that Shareef’s lawyers were unable to attend the hearing scheduled due to a mistake made by his office staff.

“We filed the same lawsuit the same day the [first] case was dismissed,” he said.

Suood said that lawyers would argue that the JSC did not follow due process in suspending Shareef.

“They have a procedure of establishing a committee to investigate cases and then the committee will recommend the action to be taken after investigating the case,” he explained.

“We don’t know if Shareef’s case was tabled or not,” he added.

Suood also referred to the issue of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan’s contested legal status and his attendance at the JSC meeting where the decision to suspend Shareef was made.

Suood questioned the legitimacy of a decision made in a meeting held with an “illegitimate” member.

Judge Ahmed Shareef was suspended on the same day that the High Court cancelled a hearing of a case involving former President Nasheed.

The hearing was scheduled to decide on procedural issues raised by the JSC contending that the High Court did not have the jurisdiction to hear the case, which involved the legitimacy of a panel of judges appointed by the commission to preside over the former president’s trial at the Hulhumale’ Magistrate Court.

Shortly after the cancellation, the JSC declared that the commission had indefinitely suspended Shareef.

He was the presiding judge in former President Nasheed’s case against the JSC.

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Civil Court dismisses case submitted by High Court chief judge against the JSC

The Civil Court has today dismissed a case submitted by Chief Judge of the High Court Ahmed Shareef to overturn his indefinite suspension by the Judicial Service Commission (JSC).

The case was dismissed by Civil Court Judge Hathif Hilmy after the claimant did not attend a hearing scheduled for today, while also failing to provide any reasonable grounds for his absence.

The Civil Court said that the hearing was scheduled for 1:00pm.

Judge Ahmed Shareef was suspended on the same day that the High Court cancelled a hearing of a case involving former President Mohamed Nasheed.

The hearing was scheduled to decide on procedural issues raised by the JSC contending that the High Court did not have the jurisdiction to hear the case, which involved the legitimacy of a panel of judges appointed by the commission to preside over the former president’s trial at the Hulhumale’ Magistrate Court.

Shortly after the cancellation, the JSC declared that the commission had indefinitely suspended Shareef.

He was the presiding judge in former President Nasheed’s case against the JSC.

JSC Chair and Supreme Court Justice Adam Mohamed Abdulla insisted at a press conference later that day that the disciplinary action had no relation to the former president’s case.

The JSC then announced it had appointed Judge Abdul Rauoof Ibrahim as acting Chief Judge of High Court until the conclusion of its inquiry into complaints filed against the suspended chief judge.

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