Tag: maldives news

Comment: What do you call a lawless State?

On Tuesday the Maldives appointed a Supreme Court bench in one of the few displays of cross-party cooperation seen in parliament since the ratification of the 2008 Constitution.

But Raadhafathi, a Maldivian national currently working on a project to strengthen the justice sector of the Maldives, and with experience training judges and inspecting courts all over the country, claims the road to an experienced, impartial and capable judiciary will be long and arduous.

The Maldives is in a state of transition. A new Constitution, a new Supreme Court, a new President, multi-party systems and many other factors creating a crucial period for the judiciary as well as for the country as a whole.

I am writing this to highlight the justice sector of Maldives.

Since independence the Maldives has acceded or ratified the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Committee on the Elimination of Racial Discrimination (CERD), Committee on the Elimination of Discrimination against Women (CEDAW), Convention Against Torture (CAT), Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD). The Maldives was officially awarded a seat in the UN Human Rights Council in Geneva in May 2010.

The Constitution adopted in 2008 provides for independence of the judiciary, creates new individual liberties, establishes judicial review and gives certain responsibilities relating to the judiciary to the Judicial Services Commission (JSC). These developments present challenges as well as opportunities for the judiciary.

The dynamic reforms of the past two years require that the judiciary transforms itself to ensure that it has the capacity to address the issues brought before it in the coming years. The Maldives is geographically unique in that it is comprised of 20 Atolls containing nearly 1200 islands, out of which 200 are inhabited. This presents numerous governmental challenges which judiciaries in other countries do not face.

During the past five months I have:

  • Been involved in the training of 18 Judges from the Malé courts and 23 Magistrates from the Island Courts on Human Rights and the Constitution;
  • Interviewed NGO’s, Human Rights Commission of the Maldives, Migrant Workers, Bangladesh Embassy, Indian High Commission, Department of Immigration and private lawyers.
  • Visited all the police stations, prisons and detention facilities in the Malé surrounds;
  • Interviewed prisoners and prison staff
  • Visited and interviewed drug rehabilitation facilities
  • Visited all the courts in Malé and interviewed judges and court staff including the [interim] Chief Justice of the Supreme Court
  • Visited Southern and Northern Atolls Courts and interviewed Magistrates, Atoll police commanders, Investigation officers, court staff, prosecutors and court users in the community.

It is evident there is an urgent need to increase the capacity of judges and the court staff to handle the number and complexity of the cases brought to the judiciary, in particular protecting rights enshrined in the Constitution. In addition, Human Rights is a new concept in Maldives and very few people poses the necessary skills and knowledge.

Major features and problems of the legal and judicial system operating in the Maldives

There are total of 208 judges/magistrates in Maldives. Although rights are defined and independent institutions exist to ensure rights are protected, the weakness of the current legal framework lies with the lack of trained professionals in the justice sector, in particular judges, magistrates, prosecutors and police.

98 percent of the legal profession in Maldives (including prosecutors, lawyers, judges, magistrates) are less than qualified to be in the legal profession. Most judges and magistrates have only completed secondary education, and they are not required to be lawyers.

Very few have completed undergraduate or post graduate degree from a western country. Most degrees are from Egypt or Saudi Arabia, and they are usually from unrelated fields. Some have received a Diploma in Sha’riah Law from Institutions established in Malé.

There is no common denominator in judicial training and experience. Some have learned in Arabic, some in Dhivehi, a few in English (the majority of the Judges I have met do not speak English to a serious degree).

The average age of judges at present is 28-32 years.

This situation gives rise to many problems such as reconciling Shari’ah law and the codified common law, as well as the attitudes of judges trained in the Shari’ah law and lawyers trained in common law traditions of the Commonwealth. In addition, the lack of laws governing legal procedure exacerbates the situation further, ensuring there is no consistency in their judgments or conduct of cases.

The judicial system is in considerable chaos. There are no Rules of Court, instead certain rules and regulations are found in more informal publications called ‘Court Circulars’.

In criminal cases, there is no formal onus of proof, and Judges can and do conduct cases any way they want. Every Judge does his or her cases differently and unpredictably.

State attorneys can appear in private legal cases and can be and are members of the Majlis. These arrangements are a direct breach of the separation of powers doctrine. This again demonstrates a failure to appreciate how a democracy and the separation of powers are intended to operate.

The right to a fair trial is a cornerstone of democratic societies. How a person is treated when accused of a crime provides a concrete demonstration of how far a state respects human rights. Unfortunately in the Maldives:

  • Courts assume guilt based on the prosecution case before the ‘trial’
  • A Russian national who only speaks Russian is provided an English Interpreter
  • Prosecution did not provide the documents filed to the accused. Prosecution stated “providing a copy to the accused is not included in the budget.”
  • If a woman submits an application for a divorce, the courts treat the woman with disrespect and 99 percent of the time, they are not granted a divorce regardless of evidence produced – even in domestic violence cases.
  • Prosecution takes too long to file a case, particularly in the islands.
  • Legal profession lacks basic advocacy skills
  • Majority of the legal profession are not competent. They are independent by law but not in practice. As for impartiality – the island courts in particular – this is not exercised due to the small community they live in. Island prosecutors often discuss matters with the magistrates. The prosecution is also allowed to go and spend time with the court staff, while the accused is waits outside in the waiting room.
  • Most judges do not know that public can attend hearings. Hence often those who attend are sent away. The other issue is lack of space in the tiny court rooms.
  • Accused not given an opportunity to cross-examine

Despite all this, the JSC, the independent body responsible for the judiciary, approved all judges to be appointed without term (tenure to retire at 70). If the JSC were to continue the way they have been conducting themselves, there is no hope to strengthen the judiciary of Maldives nor to protect rights enshrined in the Constitution.

The transitional period (Chapter 14 of the Constitution) ended on 7 August 2010.  While the Supreme Court has been appointed, unfortunately the judiciary remains in a state of disarray.

No one (including the executive, parliament and judiciary) knows the meaning of the term ‘separation of powers’, ‘what the law is’ nor even what ‘Human Rights’ means.

No one obeys or respects the legal system, and the Maldives legal system is oppressive and unjust. The entire situation contravenes basic tenets of the rule of law and requires urgent change. The concepts of enforceable natural justice, procedural regularity and due process are not known in Maldivian courts.

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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Comment: Asian growth rebounds – must now focus on broader development goals

As Asia rebounds from the Global Economic Crisis, and resumes rapid economic growth, a big question will be whether Asia will lead the world in achieving the Millennium Development Goals (MDGs) – a set of eight broader development goals for 2015 to which world leaders signed on in 2000 at the United Nations.

At a meeting held in Jakarta on August 2 and 3, Asian ministers and experts discussed the region’s progress and strategies to accelerate it.

Progress on the MDG’s can be described as uneven – some good, some bad and some ugly.

First the good news: Asia has succeeded in the aggregate in reducing poverty since 1990 by some 500 million people. The global crisis of 2008-2009 has halted this progress and may even increase the number of poor by some 30-40 million people. As growth is restored poverty reduction will resume although with a lag and those that fell back into poverty will need greater support to climb back. Asia has also made good progress on education: particularly on enrollment, and quite noteworthy is the increase in girl’s enrollment.

Infant mortality has also declined and helps explain the rise in life expectancy in the region as immunization programs have been successfully rolled out in many parts of Asia. More than half of Asia’s population now have access to safe drinking water. Across the region China, Vietnam, Thailand , Malaysia, Iran, Sri Lanka and some Pacific Island countries as well as Maldives stand out in making the most dramatic progress across a wide range of MDGs.

Now to turn to the bad: much less progress has been made on health indicators such as maternal mortality, as well as on sanitation and environmental goals.

In many countries in Asia well organised health systems – especially in rural areas – do not exist. Even in those that have them, like China and Vietnam, they have deteriorated and out of pocket expenditures have risen to amongst the highest in the world.

Basic sanitation has also not been accorded the highest priority in many parts of Asia leading to greater propensity of health epidemics.

While the carbon foot print per capita in many parts of Asia remains small because of low incomes, the carbon intensity of development in Asia as a whole remains very high and China is now the largest consumer of energy in the world. Degradation of land and water systems also has a worrisome trajectory.

Growth has helped reduce poverty but rising inequality in almost every country in Asia has enhanced social tensions and reduced the potential impact of growth on poverty reduction. Had inequality remained the same as in 1990, another 300 million people could have climbed out of poverty for the same level of growth.

Incomes at the top of the distribution have grown faster than those in the bottom. Though reasons behind rising inequality are complex, some broad themes emerge. First, there has been a relative neglect of the agriculture sector by the development community both at the national and international levels. Second, globalisation processes favour skilled labour against unskilled labour – leading to slower growth of wages among the poor.

In this context, Asian countries that have grown rapidly over a decade, but have not seen substantial reduction in poverty and hunger rates will need to focus specifically on the inclusiveness of their growth strategy.

This is also is the ugly side to the Asia story; which is that of hunger and malnutrition; with almost 600 million people going to bed hungry every day. The irony is that over this period Asia has eliminated the scourge of famines and per capita foodgrain availability has increased, yet hunger affects millions.

Asia’s social assistance programs and food subsidy systems have not succeeded in reaching these hungry people. The massive rise in food prices in 2006-2008 had a hugely disproportionate effect on the poor, with the bottom quintile seeing a decline in purchasing power by 24 percent versus only a decline of 4 percent of purchasing power for the top quintile.

Well targeted conditional cash transfer programs – such as those in Latin America and cash for work programs such as the Mahatma Gandhi Employment Guarantee Program in India could help the hungry get the minimum needed to avoid hunger and keep their children sufficiently nourished.

The resources and political will exist in Asia to fix these problems. As world leaders gather in September at the UN for the MDG Summit there is much to learn from Asia and much to be gained by renewing the political will within Asia to try and accelerate progress on the MDGs.

As growth resumes in Asia the smaller resource rich Asian economies such as Mongolia, Laos, and Papua New Guinea are on the verge of a dramatic increase in their resource base to tackle the MDG’s. The attainment of MDGs offers a good guidepost to ensure that their resource boom does not become a resource curse, because the MDGs offer a much broader yardstick of development than income alone.

In the rapidly growing export led economies of Asia, reducing inequality by ensuring a much more inclusive development strategy, improving social protection for health, old age and natural disasters is vital for ensuring that those who get out of poverty do not fall back into it permanently.

Greater regional integration is vital to ensure that the benefits of rapid growth in the region benefit all. Free trade agreements are stitching together, slowly but gradually, a common market; but pan Asian infrastructure still lags behind and is vital to ensure that prosperity spreads across Asia.

Above all Asia must begin systematically to address social and cultural inequities: gender, caste and ethnic to ensure that not only will huge progress be made to achieve MDGs by 2015 but that an Asian renaissance will be triggered to lead to an Asian century.

Ajay Chhibber is UN Assistant Secretary General, UNDP Assistant Administrator and Director for UNDP’s Regional Bureau for Asia and the Pacific.

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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Letter on Hulhumale’ Hospital

Mr President,

I am writing you, Mr President, to inform you about the death of a student of Grade 9 at Ghaazy School Hulhumale’ on August 9, 2010.

According to the student’s parents, the student attended Hulhumale’ Hospital with severe chest pain on August 8, 2010. A doctor (an Indian national) prescribed medicines and sent her away without doing any of the investigations which are usually done by good doctors.

Since all chest pains are NOT normal, this doctor should have referred her to the physician who is also working at Hulhumale’ Hospital. But this doctor neither referred her to that physician nor did any investigation like an ECG or blood tests, from which a physician could normally identify whether it was a chest pain related to gas in the stomach or a heart-related problem.

So, therefore, I would like to inform you Mr President, that this is a problem which has to be solved without any further delay. I also like to mention that this is a very sad story, and that many people who seek medical treatment at this hospital feel that some doctors and nurses are so careless that they recently gave an expired injection (which was sold by a pharmacy) to a young child without noticing that it was expired. This means neither the pharmacist nor the nurse noticed that it was already expired.

This is not something we can correct by investing additional money BUT we can easily with proper supervision of the hospital manager. For this hospital it is much, much easier to solve such problems because the hospital manager is both a manager and a medical doctor.

Mr President, this email is intended to inform you about what is really happening in our beloved country so that our beloved President could keep it in mind even with the very tight and very busy, VERY IMPORTANT engagements at this critical time.

Hameed

All letters are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write a letter, please email it to [email protected]

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Adhaalath Party launches fund for flood victims in Pakistan

A fund launched on Friday by the Adhaalath Party will go towards humanitarian aid for the millions of people affected by the worst flooding in Pakistan’s history.

Speaking to Haveeru, Adhaalath Party President Sheikh Hussein Rasheed Ahmed said Pakistan’s population mostly consisted of Muslims, and called on “everyone to provide humanitarian aid for the victims in this holy month [of Ramadan].”

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Huvafen grooves to Charles Schillings beats

A sense of anticipation filled the air. Dozens of stars twinkled in the sky, while lamps hanging from the trees and soft lighting at the tables gave the beach of Huvafen Fushi a warm glow last Friday.

People lounged about in the ultra comfortable seats, casting glances at the DJ console standing almost at the edge of the deck that stretches out to the sea.

At Huvafen Fushi, a luxury retreat managed by Per AQUUM Retreats, high end luxury and top notch service blends with the stunning natural beauty of the island.

World Famous French DJ Charles Schillings is the star of the evening. Dressed casually in a black T-shirt and cut-off jeans, Schillings arrived, stopping to chat with those present along the way.

Despite being one of the top names in the world of DJing, and with three self-produced albums to his name, Schillings comes across as an extremely down to earth guy, interacting with those who stop by his console, and grooving to the music he plays.

Artists as diverse as Prince, Jackson 5, Lenny Krevitz, Dustry Springfield, Black Eyed Peas and Beatles are played alongside lesser known names.

He blends different genres and different epoques of music as effortlessly as a master weaver would weave a tapestry.

Under the starry night DJ Schillings played, giving a whole new ambience to the island resort.

Minivan News obtained an exclusive interview with DJ Schillings.

Aishath Shazra (AS): When did you first become interested in music?

Charles Schillings (CS): I was watching a Jackson 5 cartoon back in the 70s and a DJ was performing and Michael Jackson was dancing to his tunes. I was nine then and I knew what I wanted to do for the rest of my life.

AS: Which musicians have influenced you over the years?

CS: I grew up listening to various genres of music and bands, and especially the ones from the early 1980s from the post-Punk period. I was mostly inspired by Talking Heads, Shriekback, Depeche Mode, Karftwerk and the Jackson 5.

AS: You are renowned for reading the pulse of the audience, and your ability to keep them on the floor – what’s your secret?

CS: I keep the venue, the party’s theme and the surroundings in mind. I also experiment with different genres depending on the mood of the crowd. The most important thing is to see and gauge the crowd’s reaction and then zero in on the music I want to play! Funky and groovy elements with a lot of contemporary tunes.

I am also not afraid to surprise my audience as inside my music people may find a beat or a sound to relate to. Watching people move their shoulders tell me a lot too!

AS: Are you familiar with any Maldivian music, and if so, what are the chances of it (Maldivian music) making it into your playlist, or one of your mixes?

CS: I’ve been to Huvafen Fushi for the last four years now and I’ve been introduced to the beats of the Bodu Beru. I find this really the most interesting cultural expression of music and would love to work with it one day. I have heard of Zero Degrees too, but have never met them in person.

AS: You have said Maldives is one of your favourite places to perform, why is that?

CS: Huvafen Fushi is like my second home. Performing in the Maldives is like nothing else out there. I’m closest to the people here, it’s very personal and I have amazing interaction with the crowd. I also play under the stars with the beach literally at my feet, so I’m not complaining!

AS: Having played all over the world, do audience expectations vary in different cities? Where would you say is the best place to DJ?

CS: It’s not the place really that defines an expectations. It’s the crowd, the people that attend my parties that makes the difference. It’s their harmony and my music that brings it all together. So no matter where I am, being with my audience is the best place to be.

AS: Being a sound designer to Karl Lagerfield, spinning for famous designer’s events, to playing at hip clubs around the world, to playing in front of thousands in cities like Tokyo, and London, what has been your most memorable event so far?

CS: Actually, one day while mixing at a Karl Lagerfeld fashion show, I was asked to allow someone into my DJ booth. Now, that is a request I usually entertain. But I agreed this time and to my surprise, it was Mick Jagger! He stayed with me for the whole show.

Kylie Minogue also requested a song from me when I was playing at Dita Von Teese’ birthday last year, that’s definitely memorable. But the most memorable to date is when I met my girlfriend, Sophie, at Lotus in New York eight years ago.

AS: You’ve been DJing, compiling albums, producing and making your own songs, and now producing the soundtrack for a sci-fi movie. What’s next?

CS: I would really like to mix the soundtrack to a big Hollywood movie.

AS: How would you describe your latest album “Like a Radio”? How’re are you feeling about it?

CS: ‘Like a Radio’ has many firsts for my, my first experience with pop, working with only one vocal was also a first for me and it was also my very first double album. 14 tracks on the first CD and 14 remixes of the tracks on the other. It’s really quite interesting to hear how the tracks sound on radio and the remix sound at a party.

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Ramazan begins on Wednesday

Tomorrow is the first day of Ramazan and will begin the month of fasting, with Muslims abstaining from eating, drinking and sexual activity from dawn until sunset.

During Ramazan, Muslims ask forgiveness for past sins, pray for guidance and help in refraining from everyday evils, and try to purify themselves through self-restraint and good deeds.

The date is derived each year from phases of the moon, moving backwards an average of 10 days every year.

“Today the sun will set at 6.21pm and the moon will set 12 minutes later at 6.33pm. On average for all islands of Maldives, the moon will set 14 minutes after the sunset. However, as the sunsets the moon will also be vertically at the same level, thus the chances of moon being visible are very small,” reported Haveeru.

A ceremony was held at the Ministry of Islamic Affairs to announce this year’s Ramazan.

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Constitutional disaster averted as Parliament approves Supreme Court

The Maldives has appointed a new Supreme Court and narrowly averted constitutional catastrophe, after a series of parliamentary sessions today demonstrated remarkable and uncharacteristic cooperation between the two major parties.

Chief Justice Ahmed Faiz took the oath of office this evening in a ceremony at the President’s Office, and then administered the oath to five of the other appointed judges. The sixth, Muthasim Adnan, was out out of country.

Earlier this week a surge in political partisanship, caused by disagreement over the interim period set out in the Constitution and the locking of the Supreme Court by the military, had threatened to derail the process and leave the Maldives without its highest judicial authority.

On Tuesday morning parliament approved the amended judges bill 71 in favour, out of 73 members present. It was quickly ratified by President Nasheed shortly after lunchtime.

The new Judges Act enshrines judicial independence, governing ethical standards and rules on appointment and dismissal, as well as powers, responsibilities and practicalities such as salaries and allowances. The law also requires serving judges to meet a certain standards within seven years, or face dismissal.

“This law goes a long way to filling the constitutional void the country has been in since Sunday,” said the President’s Press Secretary, Mohamed Zuhair.

Dhivehi Rayyithunge Party (DRP) Deputy Leader MP Ali Waheed meanwhile resigned from the from the parliamentary committee on independent state bodies, after voting against his party.

“Ali Waheed voted in the committee against the party’s decision. I am saddened because Ali Waheed resigned after breaking the three-line whip and I condemn his action,” DRP MP Ahmed Mahloof told newspaper Haveeru. Mahlouf has been nominated to replace Waheed on the committee.

A night of relief

That evening, after committee deliberations, the chamber unanimously approved the Supreme Court bench nominated by President Nasheed following rapid consultation with the Judicial Services Commission (JSC), who, down to just six members present, narrowly made quorum.

The new seven-member Supreme Court bench consists of: Former Chief Justice Abdullah Saeed, interim Supreme Court Judge Sheikh Abdullah Areef, Ahmed Muthasim Adnan, Counsellor General of Parliament Dr Ahmed Abdullah Didi, and High Court Judges Ali Hameed Mohamed and Mohamed Abdullah.

Parliament also approved the president’s original nomination for Chief Justice, Ahmed Faiz Hussain.

The President’s member on the Judicial Services Commission (JSC), Aishath Velezinee, described Faiz as “a well-respected man amongst the judges. I have never heard anybody question his independence or impartiality. He is a learned man and amongst all the politicking and hanky-panky going on, he has maintained his integrity.”

A senior government source said while the government was “not happy with every member of the [Supreme Court] bench, the President decided to bank a win. The mood is not one of jubilation, but of relief.”

Speaking to Minivan News after the vote, Velezinee said it was “a relief that we have passed through a moment which could have become really bad had the political parties not worked together and showed strength and goodwill towards the nation.”

“I hope that we will be able to reevaluate all the judges, including the reappointees. I haven’t read the documents yet, but I believe it is possible. However today is a day of relief as we begin the holy fasting month of Ramazan, after which we will get back to work improving the judiciary.”

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Bill on judges scheduled for parliament today

The controversial bill on judges is scheduled for today’s session in parliament. The committee stage of the bill will conclude and the presented to parliament chamber for the MPs to debate.

The Maldives National Defence Force (MNDF) has meanwhile locked the Supreme Court and is barring entry to the judges, despite handing over the Supreme Court key to the Chief Justice as per a court ruling by the Civil Court on Sunday.

The case was presented to the court by the Prosecutor General requesting that the Supreme Court’s key should be returned to court staff. The MNDF is continuing the blockade despite pragmatic adherence to the legal technicality of handing over the key.

The opposition has claimed the interim Supreme Court should continue to function until the appointment of a new Supreme Court, as per article 284 of the Constitution in Chapter 14, which governs the transitional period.

Earlier in year the Supreme Court judges sent a letter to the president, declaring that they had ruled themselves permanent.

The judges of all courts, who met requirements approved by the Judicial Service Commission (JSC), have meanwhile taken oaths for 70 years despite many having criminal convictions, limited qualifications, and in many cases, primary-school level education.

The government contends that the interim Supreme Court no longer exists on conclusion of the interim period, as Chapter 14 is now annulled. The deadlock worsened considerably on conclusion of the interim period, as the constitution was one of the few areas on which both sides of the political sphere agreed.

Meanwhile, Maldivian Democratic Party (MDP) parliamentary group leader and MP ‘Reeco’ Moosa Manik has told local newspaper ‘Miadhu’ that the parliament will today conclude the work on the law on judges, reestablish the Supreme Court and appoint the Chef Justice according to the constitution, before midnight.

Opposition Dhivehi Rayyithunge Party (DRP) Deputy Leader Ali Waheed told newspaper Miadhu that the party would being street demonstrations if today’s session did not continue, accusing the MDP of  obstructing the sessions.

Attorney General Husnu Suood resigned on Sunday claiming his job was untenable due to the constitutional void created by parliament’s failure to legislate and cancellation of critical sessions. He also called on the Speaker of the parliament Abdulla Shahid to share responsibility for the situation and also resign.

Parliament had promised to complete necessary legislation in a special session on Saturday, but this was cancelled by the speaker.

Reports this morning suggested the session was proceeding cautiously.

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Criminal Court fines former Lale principal Rf 200 (US$14) for assaulting children

The Criminal Court has found former principal of Lale Youth International School, Turkish national Serkan Akar, guilty of assaulting children and sentenced him to pay a Rf200 (US$14) fine.

Serkan had denied the charges against him, which included strangling and whipping a child with a belt during an incident last Ramazan.

A report from the Human Rights Commission of the Maldives (HRCM) released in June found that students at the school had been “physically and psychologically abused, discriminated against and bullied,” recommending “that police should investigate the physical and psychological abuse going on at the school as an urgent concern,” and “separate those suspected of physical abuse from the school’s students until the police investigation is concluded.”

A source at HRCM told Minivan News today that “as far as we’re concerned, [Serkan’s Rf200 fine] is ridiculous.”

“This sentence gives people a reason to take justice into their own hands. Why even bother to go to the courts?” the source said.

“This case was supposed to create a precedent for the future protection of children in this country. This is not the precedent we were looking for. We not sure of how to follow through – perhaps request deportation, or at least notify the Turkish government.”

The source added that there was little further that HRCM could do, because with the constitutional turmoil and doubt about the institution’s validity after parliament failed to legilsate for its continuity after the interim period, “we don’t even know if we are supposed to be going to work.”

“There are all these important issues we’re supposed to be working on, such as cases of people who don’t have access to water because their landlords have blocked the water meter even though they are paying rent. There’s nothing the water company can do so people have to come to us. But it’s questionable whether anything we do now has legal [legitimacy].”

Deputy Prosectutor General Hussain Shameem said that the Rf200 sentence ruled by the judge was legitimate under the current penal code, which was originally drafted in 1968 and apparently not reflective of inflation.

“Under the penal code the judge had four sentencing options: up to six months banishment, imprisonment or house arrest, or the fine of Rf 200,” Shameem stated.

“We cannot say that the sentence is unjust, because this is a punishment prescribed in law. But I want to say that the judge had three other options, but chose to fine. Rhe defendant probably had mitigating factors, such as no prior criminal record [in the Maldives].”

Minivan News understands that a revision of the penal code is currently before parliament, but has remained so for four years. Parliament has scheduled 29 sessions to examine the bill, and but all except three have been cancelled or failed to make quorum.

Trying to ascertain which judge issued the sentence, Minivan News phoned the mobile number of the spokesperson for the Criminal Court, Ahmed Riffath, but the person who answered the phone claimed to be someone else.

The Criminal Court’s front desk confirmed the number belonged to Riffath, and that he was the court’s only authorised spokesperson.

Shameen said he did not know which judge actually heard the case, “but [Chief Judge of the Criminal Court] Abdulla Mohamed was on the schedule.”

Abdulla Mohamed did not answer when Minivan News attempted to contact him.

“Our concern was that we wanted to get some incarceration because the victims were children,” Shameem said.

As for deportation, such matters were not part of the court sentencing, Shameem noted, but were rather the prerogative of the administration.

“The immigration chief has the power to deport any person alleged of an offence,” he said.

Serkan has already attempted to flee the country twice after HRCM’s preliminary investigation revealed a past systemic use of corporal punishment, questionable standards of education and suspect teaching qualifications among Turkish staff at the school, but his passport was confiscated at immigration.

Minivan News originally reported incidents of children being violently abused by senior staff in the the school in January, after a parent spoke about the abuse her 13 year old son was suffering.

“He would come home and tell me about the beatings. He told me it depended how angry the principal was – sometimes a leather belt was used,” she said.

“[The violence] has only been towards the boys, but they have done it in front of the girls as well. Just recently a pupil was held by the neck and put up against the wall. Many pupils went home and told their parents they were so scared they nearly wet themselves,” a parent told Minivan News.

Following the allegations the deputy principal at the time, Guvanchmyrat Hezretov, fled the Maldives to be replaced by another Turkish national, Suleiman Atayev.

Atayev and a Turkish teacher fled the country in July, after the pair were also implicated as suspects in the assault case facing Akar.

In May, Minivan News reported concerns raised by parents and members of staff that the school was being operated as a front for a Turkish tax racket whereby businesses in Turkey would evade taxes through charitable giving to institutions in tax-friendly locations such as Male’, and then retrieve these these funds through escalated salaries paid to selected Turkish staff. Minivan News also reported concerns regarding inflated visa quotas for teaching staff, and phantom teachers on the payroll.

In June, HRCM released its report, recommending that the Education Ministry terminate its contract with Maldives-registered company Biz Atoll Pvt Ltd to manage Lale Youth International School, “and hand over management as soon as possible to a qualified party.”

The matter was being reviewed by the Attorney General, prior to his resignation yesterday.

Download the HRCM investigation report (Dhivehi)

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