Tag: judiciary

Legal limbo leads MNDF to confiscate Supreme Court keys, after Majlis cancels last session of interim period

The Maldives National Defence Force (MNDF) confiscated the keys to the Supreme Court on Saturday afternoon pending the conclusion of the interim period of the Constitution.

Press Secretary Mohamed Zuhair said the President had ordered the move “to prevent entry until the Majlis (parliament) reaches a consensus [on appointing the new Supreme Court judges].”

Zuhair explained the decision to confiscate the keys was made “to avoid unforeseen circumstances, because right now there is a difference of opinion as to what will happen should the Majlis fail to reach a decision by tonight.”

The current Supreme Court judges have previously declared themselves permanent in a letter sent to President Mohamed Nasheed, although the President’s member on the Judicial Services Commission (JSC), Aishath Velezinee, claims this was unconstitutional “and no one has recognised or even mentioned it.”

According to the constitution, the president is required to nominate the new Supreme Court judges following consultation with the Judicial Services Commission (JSC), and then present the names to parliament to approve in a vote.

Nasheed has already nominated Supreme Court Judge Uz Ahmed Faiz Hussain for the position of Chief Justice, however “he has not been able nominate [the rest of the bench] because parliament has not yet passed the Bill on Judges that stipulates the number required,” Velezinee said.

The constitution obligates parliament to resolve the matter before the end of today, however scheduled sessions were postponed to 8pm and then eventually cancelled in a statement issued by the Speaker, opposition DRP MP Abdulla Shahid, on the grounds that both sides were unable to decide the matter.

The Majlis was also to approve nominations for the Human Rights Commission of the Maldives (HRCM) and the Civil Service Commission (CSC).

Under the constitution, the cancellation effectively leaves the country in a legal ‘limbo’ period as of midnight, without several institutions functioning legitimately including the country’s highest court – “as of midnight there are no Supreme Court judges”, Zuhair noted.

Parliament has also yet to approve the reinstated cabinet ministers.

A senior government official told Minivan News that “rather than leave the country without a legitimate judiciary on conclusion of the interim period, the President will decree at midnight that the trial courts [the Criminal and High Courts] will continue to function, while an interim body of credible judges of high reputation will serve as an appellate court, under advisory of the Commonwealth.”

Appellate courts have been used in countries like the United States, and are typically limited to reviewing decisions made by lower courts rather than hearing new evidence.

Foreign Minister Dr Ahmed Shaheed confirmed the President had proposed to decree that the two trial courts continue to function after midnight, “to give parliament time to pass the necessary legislation.”

However Dr Shaheed said the President would not re-mandate the current Supreme Court bench, “because that would be a de-facto extension and could go on forever.”

“Parliament has failed to complete legislation that would give legitimacy to the Supreme Court [under the new Constitution],” Dr Shaheed said.

He also said that while the government had asked the Commonwealth for assistance running the interim appellate court, it had not yet received an answer. The government had also briefed the UN Resident Coordinator, Andrew Cox, he said.

“It’s not just tonight’s cancellation [of parliament],” Dr Shaheed said. “Parliament has had two years to do these things. It baffles me why they would put the country in this situation – tonight people should be asking who they should blame.”

Minivan News was still waiting for a response from Attorney General Husnu Suood at time of press, following the announcement of the appellate court.

Suood had previously told newspaper Haveeru that parliament had the option of extending the transition period for another one to two months with a two-thirds majority vote, or by appointing a new chief justice before midnight.

“Questionable matters will arise when this state is over,” Suood told Haveeru.

Velezinee told Minivan News that the country was now “in a vacuum”, and the JSC had been asked to be on call to meet with the President and suggest names should parliament reach a decision.

She noted that the JSC now consisted of eight members, as the Supreme Court’s member and head of the commission Mujthaz Fahmy and ex-officio member of the Civil Service Commission (CSC) Dr Mohamed Latheef no longer retained their positions on conclusion of the interim period, until reappointed.

“I have asked the Secretary General to call the police if they try and enter the building,” she added.

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Citizen’s rights “crushed under foot”, Dr Saeed tells UK Law Society

Leader of the Dhivehi Qaumee Party (DQP) Dr Hassan Saeed has called on the UK-based Law Society to lead a mission to the Maldives to assess the erosion of the rule of law, in an interview with the organisation’s publication The Law Society Gazette.

Dr Saeed told the Society that President Mohamed Nasheed, “a former political prisoner dubbed the Maldives ‘Nelson Mandela’”, was dismantling the 2008 Constitution and trying to “crush citizens’ rights under foot”.

President Nasheed was establishing his own “public courts” to replace independent courts, the Society reported Dr Saeed as claiming, while “courts are suspended” and “judges assaulted.”

In the article, the Society’s president Linda Lee urged the Maldives authorities “to uphold and protect key constitutional principles.”

Minivan News contacted the DQP seeking clarification of the claims.

Regarding the assaults on judges, the party’s Secretary General Abdulla Ameen noted that following a ruling in a case concerning Juhmoree Party MP Gasim Ibrahim by Chief Judge of the Criminal Court Abdulla Mohamed, “a lot of people went outside [the judge’s] house and physically threatened him, and set his motorcycle on fire.”

Concerning the suspension of courts, “the government has created a culture of fear among the judiciary, and they have had to cancel sessions and hold emergency meetings because of the increase in tension.”

The government had breached the rights of individuals “by arresting people without warrants,” Ameen said, referring to the recent detention of People’s Alliance MP Abdulla Yameen on the Presidential Retreat of Aarah following accusations of bribery and treason.

He also criticised the government for leaking audio tapes appearing to implicate MPs for corruption, “despite the Constitution clearly protecting private conversations between individuals.”

Ameen said Dr Saeed had requested the Law Society send an independent delegation to investigate the issues, “but if any other [institution] is interested we would also welcome it.”

The President’s member on the Judicial Services Commission Aishath Velezinee has also appealed for the UN Special Rapporteur on Independent Judiciary and the International Committee of Jurists (ICJ) to send mediators to the Maldives.

Foreign Minister Dr Ahmed Shaheed said Dr Saeed’s claims in the Law Society article were “totally out of orbit.”

“One has to wonder what he is talking about – look at his own track record serving under former President Maumoon Abdul Gayoom [as Attorney General]. We are clearly making steady progress,” Dr Shaheed said.

“Claiming that judges are being assaulted is very irresponsible. I’m not aware of any case where a judge has been assaulted, and in such an event there are domestic remedies available,” Dr Shaheed said.

Regarding Dr Saeed’s claim that courts were being suspended, “that’s outrageous. I’m not aware of a single time this has happened.”

“When a lawyer becomes a politician, they must continue to respect certain professional ethics as well,” he said.

“They are out to tarnish [President] Nasheed’s image, and they have taken issue with his awards and his description as South Asia’s ‘Nelson Mandela’,” Dr Shaheed said. “I think this is a case of the green-eyed monster.”

The request by the Law Society that the government respect the rule of law was “a standard expectation and we respect it.”

“The government is not disregarding the law,” he said. “Look at the behaviour of the other [arms of state]. Parliament is trying to usurp the powers of the executive, and the judiciary is behaving very questionably.”

Working in such an environment, Dr Shaheed said, the President had been called upon to make “some very difficult judgments, such as [the detention and release] of MP Abdulla Yameen.”

Dr Saeed recently led a DQP delegation to the UK to present the opposition coalition’s case to UK politicians and international institutions, employing a PR company to arrange interviews with several organisations, including The Law Society. The trip was jointly funded by the opposition parties, Minivan News was told at the time.

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JSC member calls for open public inquiry into judicial reappointments

Police cordoned the Judicial Services Commission (JSC) on Monday morning, preventing its staff from working or entering the building, while the President’s Office summoned members of the judicial oversight body for questioning at an 11am meeting.

A statement from the Maldives Police Service (MPS) said the office was closed by police at the request of President Mohamed Nasheed, to prevent “unlawful and unconstitutional work from taking place.”

Police cited Article 115[a] of the Constitution, which concerns the powers of the President and reads that he “must faithfully implement the provisions of this Constitution and the law, and to promote compliance by organs of the State and by the people.”

Sub-Inspector Ahmed Shiyam said the President requested police investigate the institution after hearing reports that the JSC had been “open all night acting illegally.”

Speaking to Minivan News, Attorney General Husnu Suood said commission members, including  JSC head and Supreme Court Justice Mujthaz Fahmy, met President Mohamed Nasheed and explained that the commission was attempting to finalise work on the reappointment of 160 sitting judges before the Constitutional deadline of August 7.

A complaint that papers had been illegally removed from the premises had proven unfounded, Suood added, noting that following the meeting the President had asked police to remove the cordon.

“I think the present criteria for judges, as determined on July 27, is acceptable, subject to the 37 judges who have been identified as having criminal records,” Suood said.

The President’s member on the JSC, Aishath Velezinee, has submitted a complaint to Parliament’s Independent Commissions Committee (ICC) alleging that the “substandards” being used to grant life tenure to judges appointed under the former administration would “rob the country of an honest judiciary, as guaranteed under Article 285 of the Constitution.”

“Most [of the current judges] haven’t completed primary school,” she told Minivan News in a recent interview.

Suood said that “If there is evidence of corruption and political fixing of the judicial appointments, then I support the President’s actions [today].”

The Attorney General added that he was not convinced of the integrity of the current Supreme Court: “I do not trust it. I see certain incidents occurring that I am having to think about,” he said.

Velezinee has appealed to the Independent Commissions Committee (ICC) to issue an injunction preventing the reappointment of judges pending an investigation of the JSC.

Minivan News understands that a meeting between the JSC and the ICC today focused on the procedural functioning of the commission, and not the complaints made against it.

Prior to this meeting on Monday, staff at the commission confided that they were ordered into the commission on Sunday night and had been kept up working until 2:00am printing letters of reappointment for the judges, Velezinee explained.

A staff member from the Supreme Court was also observed to be directing proceedings, Velezinee alleged, claiming that this was a clear violation of the JSC’s independence.

“The first to be processed was Chief Judge of the Criminal Court, Abdulla Mohamed. He was convicted in 2000 for violating the Religious Unity Act and disobeying orders,” she claimed.

The JSC has argued that convictions for crimes under the former Constitution should not be a barrier for reappointment, and should instead be determined on a case-by-case basis.

“At the same time they are trying to restore the same culture that [issued those convictions],” Velezinee stated.

“Presenting the letters of reappointment is the final step [of the reappointments]. The judges have to first perform an oath-taking ceremony arranged by the Supreme Court at the instruction of the JSC, but none of the JSC staff know anything about this. The commission members are being very secretive,” Velezinee said.

She further accused commission members of ordering the tampering of evidence submitted to the ICC.

“Two days ago the Secretary General admitted to me that recordings of meetings were edited ‘for ease of use,'” she claimed, “and recordings were cut before being sent to the Majlis so they would fit on one CD.”

It was also common practice for the commission to edit her out of the meeting minutes, she explained, and members were regularly given insufficient information on which to base their votes.

“I believe the public should have access to the full transcripts and recordings of the meetings,” she said. “The people will be outraged.”

Velezinee called for an open and transparent public inquiry into the activities of the JSC, with the participation of impartial mediators from an organisation such as the UN or the International Committee of Jurists, acceptable to both sides, “as we do not have anyone impartial enough [in the Maldives].”

“The judiciary is the foundation that will uphold the future of our country,” Velezinee said. “I want the opportunity to write a report, but have not yet been given the chance – all the evidence is available, and the public needs to hear this. If I am wrong they can shoot me.”

Minivan News attempted on several occasions to contact JSC President Mujthaz Fahmy and Speaker of Parliament Abdulla Shahid, but they were not responding at time of press.

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Government investigates accused MPs’ “dark and evil schemes”, while UK issues travel advisory

The British Foreign and Commonwealth Office (FCO) has issued a travel warning for the Maldives following recent political turmoil in the country, urging caution around “large political gatherings”, while debate on the political deadlock has spread to the House of Lords in the UK Parliament.

During Question Time, the UK Labour Party’s Lord Foulkes expressed “disappointment that President Nasheed seems to be reverting to the bad habits of his predecessor”, following the detention of People’s Alliance (PA) MP Abdulla Yameen, and urged the government to pressure the Maldives to restore “democratic freedoms”.

Conservative Lord Howell, also State Minister for the FCO, responded that the government was “pursuing full encouragement through our high commission in Colombo and other means to ensure that democratic development continues.”

Nasheed’s restoration of his cabinet ministers was “a step forward”, Howell promised.

Conservative Lord Naseby pointed out that the Maldives “is no longer a protectorate of the United Kingdom… and that being the situation, what role do we have at all to interfere in what is in fact the Maldivian exercise of democracy as they interpret it?”

Yameen meanwhile remains in MNDF custody on the Presidential Retreat ‘Aarah’, although appears free to communicate with the media given that Minivan News was able to contact him yesterday.

The Maldives National Defence Force (MNDF) – and the government – insist that the MP and high-profile businessman is under ‘protective’ custody after demonstrations outside his home last week turned violent.

Yameen has told local media he does not wish to be detained in ‘protective’ custody. The MNDF have also refused to present him before the court on a court order, raising some international eyebrows.

The President’s Press Secretary Mohamed Zuhair stuck to that story, insisting Yameen was being “protected” rather than “detained”.

Zuhair also claimed Yameen’s custodial protection was not unconstitutional, as the opposition has claimed, although Minivan News is still awaiting clarification from government lawyers as to how this is so.

“The MNDF is working absolutely within the constitution,” Zuhair said. “Yameen is being held by the MNDF, not the government. If Yameen is concerned about this he will be able to challenge it in court.”

“Dark and evil schemes”

Beyond the debate over Yameen’s detention, and recent court cases concerning the legality of his arrest along with that of Jumhoree Party (JP) leader Gasim Ibrahim, Zuhair said that given the severity of the allegations against them, neither could be considered prisoners of conscience.

“I cannot describe these people as political leaders – they are accused of high crimes and plots against the state,” Zuhair said.

“These MPs are two individuals of high net worth – tycoons with vested interests,” he explained. “In pursuing their business interests they became enormously rich during the previous regime, and now they are trying to use their ill-gotten gains to bribe members in the Majlis and judiciary to keep themselves in power and above the fray.”

“They were up to all sorts of dark and evil schemes,” Zuhair alleged. “There were plans afoot to topple the government illegally before the interim period was over.”

Zuhair explained that the government felt obliged to take action after six MDP MPs came forward with statements alleging Yameen and Gasim had attempted to bribe them to vote against the government.

The opposition PA-DRP coalition already has a small voting majority, with the addition of supportive independent MPs, however certain votes require a two-thirds majority of the 77 member chamber – such as a no-confidence motion to impeach the president or vice-president.

“In one incident early on in this administration, following the President’s return from Italy, they set up a telephone and a video camera in a committee room in parliament, brought a judge to sit in, and then tried to get two members of the president’s delegation swear on the Qur’an under oath that the President was drinking alcohol,” Zuhair observed.

The privatisation of Male’ International airport had clashed with the vested interests of the accused MPs, Zuhair claimed, sparking the current political debacle.

“Gasim was concerned the new airport might take the charter flights he had intended would be landing at the new airport he is building in Maamagilli,” Zuhair alleged, “while Yameen is a third party supplier of fuel at Male International Airport through the Maldives National Oil Company, which has representation in Singapore.”

The fuel trade is the most immediately lucrative part of the airport deal, Minivan News understands, and is a key reason behind both GMR’s interest and the government’s decision to award the contract to the Indian infrastructure giant. GMR has told Minivan News it will amalgamate the trade under one umbrella, a decision that will likely affect current third party suppliers.

Meanwhile Opposition DQP leader Hassan Saeed, who opposed the airport privatisation and is currently lobbying in the UK for international support for Yameen’s release, “is receiving huge legal fees from both Yameen and Gasim,” Zuhair claimed.

NGOs speak

A coalition of NGOs including Madulu, the Maldivian Democracy Network, Huvadhoo Aid, Transparency Maldives, Maldives Youth Action Network, HAND and Democracy House, meanwhile issued a statement “categorically denouncing the undemocratic actions of the three Powers of the State, at a time when democracy is in its infant stages in the Maldives.”

“We believe recent political and civil unrest is a consequence of these three arms of the State disregarding the spirit of the Maldivian Constitution,” the NGOs said. “We believe a culture of manipulation of the law to infringe upon the rights of one another has developed and that the three arms of the State have failed to give each other due respect.”

“It is not responsible on the part of the parliament, that they should pass laws that undermine the powers of the executive.

“It is unacceptable that the executive, should use its powers to harass and deter the functioning of the parliament, to disrepute the judiciary and to try to exert undue influence on the judicial system.

“The lack of consistency in the rulings of the courts, and actions which undermine the trust of the people in the judicial system are contrary to the high standards which are expected of Judges. We call upon the judiciary to work to restore the people’s faith in the judicial system.

The NGOs added that “other concerned State institutions” have also failed to “give due regard to the situation” and have acted irresponsibly.

The coalition also urged political parties to refrain from bringing violence to the streets, but condemned the security forces “for stepping outside the boundaries of the law with regards to arrest and detention” and the recent distribution of private telephone conversations by the media containing implications of corruption behaviour among MPs.

Between a rock and the Maldives

The government well aware of its status as international darling on climate change, but Nasheed appears willing to risk international censure for the sake of isolating Yameen while the state accumulates evidence in the background. Police were preparing to “make a splash” on the subject, Zuhair hinted.

However even if this evidence is obtained, demands from the international community – and opposition – that the government respect the rule of law and the judicial system, mean the government is faced with the new problem of legitimising its case against the businessmen and opposition leaders, now that allegations of obstruction have been levelled at the judiciary – including, yesterday, from the police themselves.

The government has been urging public respect for the judicial system – and the President’s Political Advisor Hassan Afeef has stated that the government will abide by any rulings from the Supreme Court.

The Judicial Services Commission (JSC), tasked with reforming the judicial system, has three sitting judges as members and vested interests, according to the President’s outspoken member on the commission, Aishath Velezinee.

“Of the 207 of the judges currently in office, 39 have degrees or higher. Some left school before grade seven, meaning they haven’t completed primary school,” Velezinee noted.

In addition there are seven sitting judges found guilty of a criminal breach of trust; five with allegations of a criminal breach of trust; two being prosecuted for an alleged breach of trust; one on trial for sexual misconduct; two have been found guilty of sexual misconduct; one was found guilty for an offence which had a prescribed punishment in Islam; and another who has both been accused of a criminal breach of trust, and found guilty of sexual misconduct – a total of 19 with documented criminal history.

Behind the scenes the executive is racing to nominate new judges before the interim period concludes on August 7, when sitting judges are granted automatic tenure.

However nominations for any new judges will have to be approved by the Majlis, which was cancelled this morning on points of order that developed into a scuffle outside.

“[The MPs] are trying to derail the process,” suggested Zuhair. “They are also panicking because they have no way of knowing who is going to be [implicated] by these corruption charges.”

As for tourists reading the today’s travel advisory urging caution in the capital, Zuhair observed that they “should be happier to know the top dollars they are paying are not being used for corrupt purposes.”

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JSC amends criteria for judicial appointments

The Judicial Services Commission (JSC) has issued a statement amending the educational and experience criteria for the appointment of judges.

Judges appointed to courts in Male’ must have either a degree, masters degree or PhD in Islamic Shariah, law or Shariah law, and at least three years/two years/six months experience in a law-related field, depending on their respective level of qualification.

President Nasheed’s member on the JSC, Aishath Velezinie, said the criteria did not apply for existing judges and would only affect new appointments, a condition not mentioned in the JSC’s press statement.

“Of the 207 of the judges currently in office, 39 have degrees or higher. Some left school before grade seven, meaning they haven’t completed primary school,” she noted.

“The rest have certificates that were tailor-made to familiarise them with the previous constitution. Judges do not have the means, resources or access to knowledge to enforce the current constitution, and this [statement] looks like a way of confusing people into thinking that the JSC is addressing the issue.”

President Mohamed Nasheed recently made an official request to the JSC to review and amend the guidelines governing the educational qualifications of judges, criticising the existing criteria as setting the bar too low.

“For the standard to determine educational qualification, they are saying [judges must possess] a certificate in either law or Shariah, and even if the certificate is not accredited by the Maldives Accreditation Board, it must be a certificate of at least level three or higher accepted by the government”, he said.

The minimum educational qualification for judges approved by the JSC was therefore “essentially grade seven”.

The Judges Association of Maldives (JAM) condemned President Mohamed Nasheed criticism of the JSC decision on determining guidelines for the reappointment of sitting judges, warning his interference could “render the separation of powers obsolete”.

Velezinie meanwhile said she had hope that all sides of parliament would come together to address the matter.

The JSC had not responded to Minivan News at time of press.

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Comment: Call for JSC to explain itself is a JUST cause

The Judicial Service Commission (JSC) is mandated by Article 285 of the Constitution to determine whether or not the Judges in office at the commencement of the Constitution, possess the qualification of judges specified in Article 149.

The Constitutional deadline for this to take place, August 7, 2010, is now nearly upon us.

Article 285 no doubt provides the country with a unique opportunity to further strengthen the Maldivian Constitution and Democracy by ensuring that the Judiciary and ensure that it is an institution which enjoys the trust and confidence of the Maldivian people.

The successful consolidation of democracy and the protection of Human Rights granted in the second chapter of the Constitution depend on the country not letting this opportunity pass it by.

The Judicial Service Commission (JSC) on May 11 released a statement specifying the criteria for evaluating the eligibility of judges under Article 149 of the Constitution. The criteria have caused much consternation and concern among various sectors of society. While some have questioned the appropriateness of the educational standard set in the criteria by the Commission, others, including this organisation, have been particularly worried about the Commission’s interpretation of the term ‘high moral character’ stipulated in Article 149 of the Constitution as a necessary attribute for Judges.

According to a press release by the JSC on the 27th 26th of May 2010, the only criterion for evaluating whether a Judge meets the ‘high moral character’ stipulation is whether the Judge has been convicted in a Court of Law of an offence for which a hadd is prescribed in Islam, criminal breach of trust, or bribery.

If the a Judge has any other criminal convictions in a Court of Law for an offence not specified in Article 149(b)3, then s/he will be reviewed by the JSC before a decision on his/her eligibility is made.

This decision by the JSC raises some interesting questions to which this organisation feels the JSC should provide the Maldivian people with answers.

1) What does ‘being convicted’ mean?

Under the previous Constitution not all criminal cases would necessarily be taken to a court of law. It would have been possible for a case to be investigated, decided and punished and decided by other authorities such as the Justice Ministry, Anti-Corruption Board and the President’s Office.

Does this then mean that Judges with such convictions who have had their cases decided in such a manner (if there are any) would still satisfy the ‘high moral character’ stipulation? The Maldivian Democracy Network (MDN) wrote to the JSC in the public interest on three occasions requesting information on the criminal records of Judges under the Right to Information enshrined in Article 29 of the Constitution.

MDN is yet to receive a response to this request from the JSC. In the absence of such information, it is all the more imperative that the criteria used by the JSC ensure the trust of the public in the Judiciary.

2) What of those judges who have had criminal cases filed against them in courts by the Attorney General (under the previous Constitution) and the Prosecutor General (under the current Constitution) but were not convicted in court?

Is it unreasonable for the people to demand that such allegations warrant not disqualification but at least a review of the case by the JSC to ensure that the Judge in question meets the ‘high moral character stipulation’?

3) What of those Judges who have cases pending against them at the JSC itself?

Is it not appropriate that the JSC review and decide these cases before deciding whether the Judge in question meets the ‘high moral character’ requirement?

MDN has brought together a coalition of 12 concerned NGOs (Madulu, Maldives Aid, Maldives NGO Federation, Huvadhoo Aid, Maldives Youth Action Network, Strength of Society, Rights for All, Huvadhoo Association for National Development, Society for Women Against Drugs, Journey, Nadella Island Development Society) who have launched the Just (Insaaf) Campaign, calling on the JSC to address concerns regarding the criteria. The petition drive launched by the Campaign is now underway in Male’ and some Atolls.

The Just Campaign urges all concerned citizens to read the petition (available at www.mvdemocracynetwork.org) and if you agree with it, send in signed copies to MDN (fax: 330 2598, email: [email protected]).

The Campaign also has tables at the main entrance to the Carnival in Male’ and on Boduthakurufaanu Magu behind Dharubaaruge. The tables will be in place until Thursday June 10 from 1630 to 2230hrs.

The JSC has been mandated with one of the most crucial tasks to be performed during the transitional period. The Maldivian people now look to the Commission to ensure a Judiciary in which they can trust and a Judiciary which can protect the tenets of Islam, the principles of democracy and the basic rights of the Maldivian people.

No democracy can function effectively if there is a deficit of trust between the people and any of the three pillars of democracy, of which the Judiciary is one.

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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Anti-gang task force a temporary measure until bills passed, say police

Police Sub-Inspector Ahmed Shiyam has said a special operation to curb rising in gang violence is a temporary measure taken by the police that has proven successful since in began in March this year.

”These are just temporary measurements taken by the police and this way we can curb the rise in gang violence for the time being,” said Shiyam.

”But can only take permanent measures when the necessary bills are passed.”

‘The more gang activities increases, the more police would increase their own activity, Shiyam explained. ”Police special operations are controlling the gang violence temporarily.”

Shiyam said that more than 85 people were arrested in three nights.

”We arrested 40 people one night, 15 on the next and 30 the next,” he said, ”and crime rates have decreased. Some of them have been released by the court.”

He said that police destroyed the wall of Galolhu Masodige after being granted a court order.

”During some operations where we think police might be attacked, we use masks to cover our faces,” he said.

”Sometimes police officers get injured trying to control assaults and gang related crimes.”

He said the recent string of multiple stabbings was related to “an ongoing gang war.”

”It’s just one gang attacking the other and it goes on like that,” he said. “It started after one boy was attacked near Galolhu Sinamale.”

Police have recently arrested many people to try and curb raising gang violence in Male’.

When the special operations started, police said it would not be stopped until the city became a peaceful place.

On 20 March, in a highly-publicised operation intended to reduce gang crime in the capital Male’, police arrested 22 men suspected of being key players in gang violence.

Police sub inspector Ahmed Shiyam said the men were arrested in different areas of Male’ and are were “notable gangsters” involved in gang violence.

Police also collected chairs, sofas and weapons from places where gangs lived, to stop gang members congregating, and stored them in the police tow yard.

On March 25th, following the arrest of 26 people in a special operation to try and curb rising gang violence in Malé, Minivan News spoke to three gang members, on condition of anonymity, to try and learn if both the operation was proving effective, and what was contributing to rising gang violence in the first place.

Rising gang crime: a timeline

During last year on December 28, prominent businessman Ahmed Ibrahim Didi, known as ‘Campus’ Didi, was stabbed and robbed of almost US$300,000 in cash by unknown assailants.

On December 30, the manager Mohamed Rashaad Adam and an employee of the Sunfront store on Majeedhee Magu were attacked on their way home.

On January 7, the Department of Penitentiary and Rehabilitation Services (DPRS) launched a rehabilitation program for recently released inmates who were serving time for minor drug offences. There were 62 former inmates enrolled in this program, with more than 150 still awaiting clearance.

On January 10, a man was attacked and stabbed with a sharp object in the early hours of that morning. According to police, he man was attacked by a gang of six men. A boy under the age of 18 was arrested in connection to the case.

On January 17, police arrested 19 people in connection with the stabbing of Ahmed Ibrahim ‘Campus’ Didi.

On January 20, head of the police drug enforcement unit Mohamed Jinah claimed “it won’t be long” before police arrest the remaining four of the top six drug dealers identified by President Mohamed Nasheed.

“Two of the top six drug dealers have been arrested. We will arrest the remaining four as soon as possible,” he promised.

On January 23, a group of men allegedly gang raped a woman on Fuvahmulah after dragging her to a beach and restraining her husband.

On January 28, six men were injured in a fight between two groups in Gnaviyanni Faumulaku, and one of the injured men died while receiving treatment.

On  February 7, a 15 year old boy and his 35 year old father were attacked and stabbed by gang members in  Hulhumale’.

On February 8, a businessman was attacked and robbed of Rf435,000 (US$33850) and US$7100 on Janavary Magu near Sonee Hardware.

On March 1, President Mohamed Nasheed criticised the judiciary during a Maldivian Democratic Party (MDP) rally and said that the government would not back down and will continue to arrest drug dealers.

On March 2, a man driving a pick-up truck was stabbed near Vaadhee Fresh in Maameyo Magu.

On March 3, the country manager of Habib Bank was stabbed and robbed in his home by a gang of four masked men. During the incident he suffered injuries to his nose, forehead and right arm but was not seriously hurt.

On March 8, police arrested three men in connection with the armed robbery of Habib Bank’s country manager.

On March 15, four men forcibly entered DhiTV studios and attacked five senior officials at the station afternoon, shortly after the station aired a report on its 2 o’clock news claiming that Ibrahim Nafiz, ‘Chika’, had been released to house arrest. Three hours after the alleged gang attack on DhiTV, a Haveeru employee was stabbed in the back.

Abdul Razzag Adam, 39, who works at the printing department, was knifed outside the Haveeru office building while he was on his cycle.

On March 25, a well-known flower shop on Sosun Magu, Cactus, was robbed by a group of intruders who threatened staff with knives and box cutters.

A witness to the incident, who spoke with the staff, told Minivan News that three men entered the flower shop and threatened the staff with knives and cutters, and stole Rf35,000 (US$2700)

On March 26, a group of 15 men abducted, drugged and gang raped a 20 year old girl while reportedly filming the incident with a mobile phone.

On March 30 the Maldives Police Service (MPS) claimed some politicians were using gangs to cause unrest, intimidate people and attack opponents.

Police Sub-Inspector Ahmed Shiyam confirmed that “police have learned some politicians have used gang members to create unrest.”

On April 19, police arrested 22 people including four children under the age of 18 in Laamu Gan, after they were attacked during a wave of gang violence.

Police alleged gang members broke the glass windows of a shop in the industrial area of Mathimaradhu, burnt down a hut in Mulurimagu [district] and broke the windows of two houses. When they tried to stop the gang members, police claim they they were attacked and a police vehicle was damaged.

On 3 May, two men on a motorbike stabbed a 16 year old child in front of two police officers on Ameenee Magu near Imadudeen School, before fleeing.

Police Sub-Inspector Ahmed Shiyam said that the two police officers were investigating a motor vehicle accident when the incident occurred. The boy injured his lungs and arm during the stab.

On 26 May, a taxi driver threatened a 19 year-old girl with a knife inside his car. The girl was forced to give money to the driver while she was traveling to Indira Gandhi Memorial Hospital (IGMH).

On 29 May two men stabbed a 14 year-old boy in eight places, injuring his lungs and liver.

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JSC decision must be investigated by Parliament, urges member

The Judicial Service Commission (JSC) decided last week to reappoint all current judges, regardless of whether they hold a previous conviction for a crime or a criminal breach of trust or bribery.

After the decision was made, member of the commission Aishath Velazinee spoke out against it, writing in her blog, “it is indeed a sad state of affairs, and an insult to all those honest judges whose integrity and good name is compromised by today’s decision.”

Today, Velazinee told Minivan News it might seem like “one mad woman screaming,” but insisted “the Majlis has to attend to this and demand a public inquiry. I can only bring it to public attention.”

She said “Parliament has failed to hold the JSC accountable,” and said she still “firmly believes” the composition of the commission presents a conflict of interest, leading to a vote that ultimately contradicting the purpose of the commission.

The JSC was created to reform the judiciary and investigate all judges, “and was asked to evaluate every single sitting judge appointed prior to the 2008 Constitution,” Velazinee said.

According to the Constitution, the nine-member commission must comprise of the speaker of parliament; an MP and a member of the public both appointed by Parliament; three judges, one from the Supreme Court, High Court and the trial courts; a private lawyer elected among licensed lawyers; the Chair of the Civil Service Commission (CSC); a person appointed by the President; and the Attorney General.

“The JSC was not functioning under the law of the Constitution, and not acting in the interest of the public,” said Velazinee, who is the President’s member on the Commission.

She suggested it be made up of a “cross-section of people in this country, who are educated and have an understanding of democracy.”

Last week’s decision was won by majority, with five votes in favour.

“They have decided Article 285 is symbolic,” Velazinee said, “it is a very simplistic view of democracy.”

Article 285 stipulates that the JSC shall determine before August 7, 2010 whether or not judges on the bench posses the qualifications specified by the Constitution.

Currently, there are seven judges found guilty of a criminal breach of trust; five with allegations of a criminal breach of trust; two are being prosecuted for an alleged breach of trust; one is on trial for sexual misconduct; two have been found guilty of sexual misconduct; one was found guilty for an offence which had a prescribed punishment in Islam; and another judge who has been accused of a criminal breach of trust, and found guilty of sexual misconduct.

That is a total of nineteen judges with a criminal history, most of which have not been tried in a court of law.

Velazinee said she was not given an opportunity to discuss or issue alternative proposals, even though she had been trying to bring attention to her argument for months. “Even the Superior Court Justice decided it was not worthy,” she added.

Parliament’s power

Parliament has the power to reverse or alter the JSC’s decision, “but now they’re in recess, too,” Velazinee said, noting probably nothing much can be done until the Majlis reconvenes in mid-June.

Adding to Velazinee’s concern, the JSC has only until 7 August of this year to submit any reforms and all cases on the judges. “And probably not even until the deadline,” she added.

She said although the president “would normally have a say” in this decision, “in the current political context, the president getting involved could do more harm.”

Press Secretary for the President’s Office, Mohamed Zuhair, said “there are legalities to be considered” because “the law does stipulate a clause on limitations,” which says that a judge, or an MP or a citizen, “can be absolved of a crime after five years” of being convicted.

He added “judges should be examples” and new regulations and legislation should be considered.

Zuhair said President Mohamed Nasheed “will adhere to the Constitution,” and there is “nothing to do until Parliament comes back.”

But, he added, a parliamentary committee could look into the issue extraordinarily, just like the National Security Committee is having a sitting this Wednesday.

Judges Abdulla Mohamed and Abdulla Didi did not respond to Minivan News at time of press.

Attorney General Husnu Suood did not respond, either.

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President Nasheed says improving tertiary education essential for country’s future

President Mohamed Nasheed said special measures are needed to increase the Gross Enrolment Ratio (GER) for tertiary education by 40 percent over the next five years.

The GER shows the levels of enrolment for primary, secondary and tertiary education.

President Nasheed said to increase the GER for tertiary education, reforms in the school system were needed, as well as an increase in secondary education. He said three out of four students took the commerce stream, resulting in limited opportunities for employment and higher education.

President Nasheed said passing the Maldives National University Bill was of utmost importance, as well as transferring research work from government offices to the national university.

The president added that it is crucial to start medicine courses in the Maldives, as 340 doctors are needed to provide quality healthcare. He said the government would provide loans for higher education outside the country, including 50 student loans for nursing and medicine courses.

President Nasheed said starting degree courses in areas such as architecture, quantitative surveying and town planning also needed to be started.

He noted that capacity building in the judiciary was another important area.

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