Tag: judicial crisis

Maldives Bar Association calls for suspension of Supreme Court Justice pending sex video investigation

Additional reporting by Mohamed Naahee

The Maldives Bar Association (MBA) has called for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct.

In a statement, the MBA challenged the independence and transparency of any Judicial Service Commission (JSC) investigation without the suspension of the judge in question.

Hameed is under investigation by both the police and JSC over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Four members of the JSC voted in support of a motion last Wednesday (July 17) against suspending Justice Hameed due to “lack of evidence”, despite recommendations that he be taken off the bench until investigations were concluded.

Following the decision, JSC Deputy Chairman Abdulla Mohamed Didi and Latheefa Gasim resigned from the five-member committee investigating the matter.

The Bar Association, presided over by former Attorney General Husnu Al Suood, said in a statement (Dhivehi) released today that it was “against principles adopted in modern democratic societies” to allow Supreme Court Justice Ali Hameed to remain on the bench while he faced allegations of adultery and other concerning conduct.

The JSC last week disregarded a recommendation by its own investigating committee to suspend Hameed, leading the MBA to questioned whether the JSC was capable of reviewing the matter impartially.

The Bar Association said prompt action was needed to verify whether the allegations against the judge were legitimate, in order to maintain public confidence in the integrity of the Maldives judicial system.

Priority, the association argued, had to be given to uphold credibility, integrity and public trust within the country’s legal system rather than “defending the interests” of a single judge.

The statement also called on the JSC to appoint two members to the subcommittee investigated the judge’s conduct that had been left vacant by the resignations of Abdulla Mohamed Didi and Latheefa Gasim.

Transparency calls for investigation

NGO Transparency Maldives also expressed concern that leaked video footage purportedly of a supreme court judge acting in a “culpable manner” could jeopardise the integrity of the country’s apex court, and public confidence in the wider democratic system.

“There is a duty vested upon all relevant authorities to uphold and protect the integrity of such a important state institution,” the NGO said in a statement (Dhivehi).

“Therefore, Transparency Maldives believes that, in order to ascertain Supreme Court’s credibility and public trust, it is very important for all authorities to reveal the truth behind the accusations as soon as possible.”

The NGO called on authorities and the JSC to refrain from any conduct that could be deemed as “dubious” in their handling of investigations into the judge.

Chief Judge of the Supreme Court Ahmed Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

Leaked footage

The video of the Supreme Court Justice allegedly indulging in adultery came into media limelight following the arrest of Ahmed Faiz – a senior Council Member of President Mohamed Waheed Hassan’s Gaumee Ihthihaad Party (GIP) and former Project Advisor at the Housing Ministry.

Snapshots taken from the video began circulating on social media networks Twitter and Facebook, prompting a police investigation. The police formally notified all relevant authorities including the JSC, the Prosecutor General and President Waheed regarding their investigation into the case.

The JSC is also investigating a further two videos involving the Supreme Court Judge, including spy camera videos of Hameed discussing political corruption of the judiciary with a local businessman, and a meeting with former Immigration Controller Ilyas Hussain Ibrahim.

‘Fake’ claims

The footage has been branded a politically motivated attempt to discredit the judge and dismissed as “fake” by local business tycoon, JSC member and presidential candidate MP Gasim Ibrahim,

Gasim has meanwhile said he personally saw no conflict of interest between his bid for the presidency and current role on the judicial watchdog. The presidential candidate  voted against suspending Supreme Court Justice Ali Hameed during the JSC vote.

The public’s representative on the JSC, Sheikh Shuaib Abdul Rahman, was sharply critical earlier this year of the commission’s conduct and motivations, particularly its “open discussion” of its intent to eliminate Gasim’s rival presidential candidate, former President Mohamed Nasheed, from contesting the upcoming elections.

“It is common now to hear a lot of MDP and Nasheed bashing in commission meetings. This was not how things usually were before. I believe politically biased comments like this have increased since Gasim joined the JSC as a representative of the parliament,” Sheikh Rahman stated in March.

“Gasim even went to the point of asking the UN Special Rapporteur Gabriela Knaul when she held a meeting with us to state in her report that it was Maldivian Democratic Party (MDP) who torched the courts. I heard him say exactly that,” Sheikh Rahman said.

Knaul’s final report to the UN Human Rights Council following her mission to the Maldives in February, was a damning indictment of the country’s judicial crisis.

JP Spokesperson Moosa Ramiz was not responding to calls from Minivan News at time of press.

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UN sends delegation as UK urges judicial reform

A political delegation from the United Nations’ (UN) Department of Political Affairs (DPA) will arrive in Male’ next week to discuss the Maldives’ current efforts at judicial reform as part of its ongoing democratic transition.

The delegation, headed by UN Assistant Secretary-General Oscar Fernandez-Taranco, will meet with government officials, opposition leaders and civil society representatives. Revolving around the current situation the Maldives, discussions aim to identify opportunities to support democratic growth.

In November last year UN High Commissioner for Human Rights Navi Pillay visited the Maldives and said the country had made “significant advances” during the first few years of its transition, but a gap still existed between the rhetoric and the reality on the ground.

The Commonwealth has also pledged to assist the island nation in its efforts towards judicial reform, while British Under Secretary of State for Foreign Affairs, Alistair Burt, is holding discussions with President Mohamed Nasheed to resolve the current stalemate.

“Although the [Maldives’] judiciary is constitutionally independent, the sitting judges are under qualified, often corrupt and hostile to the democratically elected regime,” said MP John Glen of Prime Minister David Cameron’s ruling Conservative party.

Glen further called on the House Leader to “urgently make time for a debate on judicial reform in the Maldives,” reads a press statement.

Leader of the House of Commons and Conservative Party MP George Young pointed out that the British High Commission in Colombo is involved. “We want to help Maldives to make progress towards democratic reform in the direction that my friend John Glen outlines,” he said.

The Maldives formally requested international legal assistance from the UN Human Rights Commission on January 22. Last year, ruling Maldivian Democratic Party (MDP) also appealed for international intervention in what it considered an “increasingly blatant collusion between politicians loyal to the former autocratic President, Maumoon Abdul Gayoom, and senior members of the judiciary.”

The Maldives government initiated a judicial standoff on January 16 when it ordered the military to arrest Criminal Court Chief Judge Abdulla Mohamed after he filed a High Court injunction against his police summons.

Allegations against Judge Mohamed date back to 2005 and include misogyny, sexual deviancy, throwing out an assault case despite the confession of the accused, political bias, obstruction of police duty, disregarding decisions of high courts, deliberately holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes without a single hearing, maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes, and releasing a murder suspect “in the name of holding ministers accountable” who went on to kill another victim.

In one instance Abdulla Mohamed was accused of requesting that two underage victims of sexual assault act out their attack in court, in front of the perpetrator.

The judge had previously been under investigation by the Judicial Services Commission (JSC), but had successfully sought an injunction from the Civil Court against his further investigation by the judicial watchdog.

The JSC itself has itself been accused of perjury, embezzlement and corruption – by one of its own members.

The ongoing detention of the judge has polarised public opinion in the Maldives, resulting in three weeks of opposition-led protests which draw crowds of 200 to 400 nightly on Male’ calling for the judge’s freedom and the downfall of the government. Several police officers and protesters have been injured during the protests and a number of journalists have been the victims of targeted attacks.

In addition, a few government buildings and private property belonging to government officials have been damaged.

Protest leaders have pledged to continue the demonstrations until an “even stronger” protest on February 24. Meanwhile, MDP has gathered regularly at its party camp where activists have occasionally urged party members to “go out and confront the opposition”. No such order has officially been given, however MDP has asked party supporters to come to Male’ from surrounding islands for a demonstration on February 17.

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Government will not yield to “small groups who terrorise and vandalise public spaces”: President

President Mohamed Nasheed has said the government will always respect the people’s voice but will not cave under the pressures of small groups who terrorise and vandalise public spaces.

Speaking a ceremony informing islanders of upcoming development projects in Laamu Atoll Gan, the President declared that street violence will not bring down the government – a statement he claimed was especially clear to himself and his party (Maldivian Democratic Party/MDP).

Referring to the series of anti-government protests which have persisted on Male’ for nearly three weeks, the President said the protesters’ call to release Criminal Court Chief Judge Abdulla Mohamed from Special Forces custody stemmed from their frustration with losing power.

He added that the opposition’s attempt to regain power by taking to the streets is a hindrance to national development, further stating that the protests are an abuse of the people’s constitutional right to free expression.

Instead, he requested constructive criticism from disgruntled parties.

Observing that many of the Maldives’ sectors are comprised of educated professionals, he regretted that the judicial courts had not been established along similar lines.

President Nasheed also indicated that all the institutions in every sector of the country comprised of well educated and trained professionals, but expressed his regret stating that he has been unable to elevate the judicial courts to similar standards.

“Our aim is to appoint qualified and responsible Judges to our court houses similar to the standards of the social and economic institutions in the nation,” Nasheed said.

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Police officer burned by flaming ball as protests persist

A police officer was hospitalised last night after being struck by a ball set on fire and hurled during night’s protest outside Male’s fish market, where opposition party members have been rallying crowds since January 16 calling for the release of Criminal Court Chief Judge Abdulla Mohamed from military detention.

According to police parts of the officer’s uniform were burnt along with some of the weapons he was carrying at the time. The officer also sustained injuries to his neck, chin and ears.

The officer was immediately taken to ADK hospital, police said. Two other police officers injured during the confrontation have been admitted to hospital as well.

Police said they are currently investigating the attack. No other arrests or injuries were reported.

During the opposition-led protest, which began at approximately 9:00pm last evening, a group of 200 active participants charged police blockades in an effort to enter the off-limits Republic Square. Between 10:30pm and 11:30pm protesters and police advanced and retreated along the jetty near the fish market several times. Various glass objects as well as empty bottles, stones, eggs, young coconuts and flares were thrown by protesters into the police zone, occasionally falling short of their marks and landing among the protesting crowd.

Police retaliated by pushing back the crowd, eventually deploying tear gas and pepper spray.

A woman who was sprayed following a near-hysterical confrontation with police was treated and calmed by a group of protesters on the side lines before rejoining the crowd.

Meanwhile, approximately 200 bystanders observed the commotion from the upper levels of nearby boats and the fish market opposite, some laughing, some shouting, and some simply watching.

Yesterday afternoon, activists and Parliament members from the ruling Maldivian Democratic Party (MDP) marched up the island’s central road of  Majeedhee Magu, past the tsunami memorial and down Ameenee Magu to the party camp, calling for all judges to be arrested and for Male’ city “to be calm.” At the party camp activists announced their intention to advance on the protesters that evening at 8:30pm, before dispersing for prayer and dinner.

The previous evening, protest leaders went to the house of Vice President Dr Mohamed Waheed Hassan to request an immediate meeting. The Vice President reportedly welcomed them inside, and at 1:00am opposition leaders emerged pledging allegiance to the Vice President and urging him to assume control of the executive.

The government maintained that it had not lost confidence in the Vice President, discounting his decision to meet with the protesters as a diplomatic courtesy and reaffirmed its faith in his allegiance. During the protest the following evening, however, protesters maintained that the Vice President was on their side.

“He wants the judge free, he has said he shares our interests,” an opposition protester told Minivan News.

Party members from both sides of the political aisle gathered at their respective locales last night. MDP activists reportedly urged an advance on the fish market, however MDP Chairman and MP ‘Reeko’ Moosa Manik instructed those assembled to wait for official party orders, according to sources.

Although the crowd vocally supported an advance, no official decision was made and members of the crowd did not initiate a mass movement.

A protest coordinator and opposition party member meanwhile told Minivan News that a number of protesters were harmed during last night’s protest at the fish market in a clash with the MDP.

“It is the [MDP] activists who are doing and throwing these things,” he claimed. “They are the ones causing all the damage.”

Other protesters acknowledged that gang members are known to be participating in the demonstrations, sometimes after taking drugs or alcohol, however they would not provide further details.

Protests are expected to continue through February 24, the opposition protest coordinator said.

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MP rejects authority of Criminal Court after judge releases armed “I was just cooking” civilian

Today’s Criminal Court hearing for a case involving ruling Maldivian Democratic Party (MDP) MP for Thimmarafushi Mohamed Musthafa was cancelled after the MP refused to accept the court summons on the grounds that the court’s judges were unlawfully appointed.

Musthafa added that Thimarafushi island council had advised against his attending the hearing.

Musthafa’s comment came after the Criminal Court today ordered the release of a man arrested for carrying a knife as protesters spread throughout Male’ on Friday evening.

Hassan Areef, who has prior convictions for violence, was arrested in Henveiru ward by the Maldives National Defence Force (MNDF) before being handed over to police.

Appearing in court today, Areef claimed he had been preparing a meal using a butter knife when he went outside to see the commotion, unintentionally carrying the knife with him, according to local media.

The criminal court accepted Areef’s version and ordered his release. Police have announced their intention to appeal the verdict.

Meanwhile, in a letter to the court, Musthafa justified his refusal by citing President Mohamed Nasheed’s position that lower court judges were not appointed in accordance with Article 149 of the constitution, therefore their rulings held no legal weight.

According to Article 149, “A person appointed as a Judge in accordance with law, must possess the educational qualifications,  experience  and  recognised competence necessary to discharge the duties and responsibilities of a Judge, and must be of high moral character.”

The article further requires judges to be a Sunni Muslim of at least 25 years of age, who has not been convicted of an offence and is of sound mind.

Musthafa has been charged for bounced cheques.

The MP faces multiple charges of cheque fraud, notably over transactions made by his company Seafood International Pvt Ltd.

Citing deception by food supplier General Meat Ltd, Musthafa threatened legal action against the Maldives Monetary Authority (MMA) in November if it did not pay the US$500,000 that the Bank of Credit and Commerce International (BCCI) owed Seafood International.

Musthafa alleged that the sum was due to be paid to his company according to a 1991 London court ruling.

Citing MMA as the “live branch of BCCI in the Maldives,” Musthafa previously stated that “the debt of a dead person has to be paid by a living legal parent. If the MMA does not pay us within seven days we will sue the MMA in court and when we sue, we will ask the court to take the amount of money for the loss we have had for the past 20 years as a cause of not having this money.’’

Meanwhile, a case filed in 2009 by opposition Progressive Party of Maldives (PPM) Vice President Umar Naseer claims Musthafa must be removed from Parliament due to a decreed debt which is in violation of Article 73(c)1.

The Supreme Court was due to rule on a case against Musthafa on October 20, however proceedings were interrupted when MDP called for a nation-wide protest against the judiciary during an emergency meeting.

Speaking to Minivan News at the time, MDP MP and spokesperson for the party’s Parliamentary Group, Mohamed Shifaz, said judges had been blackmailed and that the party would protest the politicised judiciary indefinitely.

This month, the opposition took up the protest baton and demanded the release of Criminal Court Chief Judge Abdulla Mohamed from military detention. The Judge was arrested on January 16, 2012. Protestors have demonstrated against the government since that date.

Contending that the judge was lawfully arrested, the government has requested international legal assistance to resolve what has been labelled a “judicial crisis”.

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India will back Maldives “through upheavals”

Two years after registration the Friendship Association of India-Maldives (FAIM) launched its website last night in honor of India’s Republic Day, pledging new opportunities for cross-cultural dialogue between the two nations.

Maldives President Mohamed Nasheed said the country would “continue to get aspirations and lessons from the Indian experience.”

In conjunction with the cultural classes and services available through the Indian Cultural Center (ICC), FAIM aims “to strengthen the relationship, create friendships and build mutual understanding between the peoples of India and Maldives through organizing social, cultural, academic and other activities of mutual interest.”

Highlighting India’s artistic traditions, FAIM staff expressed a strong interest in supporting arts in the Maldives.

“The Maldives has very little internal support for the arts,” said a FAIM secretary. “We would really like to see what we can provide,” he said, acknowledging that the Maldivian community has a lot of hidden talent.

India and the Maldives enjoy close partnerships in education, technology and transportation development; India recently passed a regulation allowing Maldivians visa-free entry for 30 days.

In addition to encouraging cultural exchange, FAIM encourages a greater understanding of the distinct cultures. “Although archaeological finds indicate that the Maldives was inhabited as early as 1500 BC, much of the country’s origin is lost in history – most of which is as much folklore and myth as fact,” states the FAIM website.

While welcoming guests for “a light evening”, Indian High Commissioner and FAIM patron Dynaneshwar Mulay addressed the ongoing political turbulence and judicial crisis in the Maldives by affirming the close ties shared between the two nations.

“A democracy will see upheavals,” he said. “The Maldives is perhaps one of India’s closest partners. The Indian High Commission will always be there to help the Maldives.”

Mulay recollected that the Indian public protested against corruption last year, upholding rights embedded in its 1950 constitution. The protests, triggered by Anna Hazare’s Ghanid-esque hunger strike in April, captured world audiences and was voted one of Time Magazine’s Top Ten Stories of 2011.

Affirming the importance of India’s warm relationship with the Maldives, President Mohamed Nasheed said consolidation of democracy, including establishing a rule of law and an independent judiciary, is “our biggest and most important project.”

Thanking the Indian “people, its government and its institutions for the very necessary and good assistance they continue to give to the Maldives in our work to become a democratic society,” the President assured those gathered that the government shares concerns raised about the nation’s judicial crisis but views them as part and parcel of the task at hand.

“We have heard many criticisms, and we will continue to hear them. Would the end justify the means?” he queried.

“What I am sure of is that the people of this country aspire for a free and fair judiciary. And they want the judiciary to look like them. They wanted the presidency to look like them. They wanted the Parliament to look like them. And therefore the new judiciary has to look like them. They have to look like the Maldives. That is what has been asked of me, and that is what I am going to do.”

“Very often we have to invent, and invent out of the box,” the President said, asking for other powers to understand the Maldives’ current situation as a necessary, if complex, path to a stronger democracy.

Emphasising the value of cross-cultural dialogue in diplomatic matters, the President expressed hope that the traditional Indian thabla music would “broaden our minds and give us means to understand what is happening around us.”

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