Tag: maldives news

President Yameen welcomes restrictions on right to silence and legal counsel

Expressing concern over the rise of dangerous crime in the Maldives, President Abdulla Yameen has welcomed restrictions on the constitutional right to remain silent and right to retain a lawyer.

“The constitution guarantees many rights for citizens. But to my interpretation, these rights are only afforded if they do not obstruct the other’s rights. If they abuse their rights and violate those of others, their rights must be narrowed,” he said speaking at a ceremony to inaugurate a link road to be built by China in Laamu Atoll.

At least five people have been stabbed to death this year alone. Today also marks the 130th day since Minivan News journalist Ahmed Rilwan disappeared.

The People’s Majlis on Monday amended the 2010 law banning threats and possession of dangerous weapons and sharp objects to curb the right to remain silent of any suspect arrested for assault with sharp objects.

Suspects who are accused of murder, or of causing death or loss of limb and organ by assault, cannot exercise the right to remain silent “to any extent” and would only be able to speak to their lawyer for the first 96 hours of arrest in the presence of the police.

Further, suspects would only be allowed six hours to appoint a lawyer. If the suspect fails to appoint a lawyer or if the lawyer is not able to present a valid reason for absence from interrogations, police are authorised to question the suspect without a lawyer.

The amendments also relax requirements courts must consider in extending pre-trial detention.

“The most important aims of this administration is to ensure the streets of Malé and the islands are safe. Today, the strongest bill required for this task has been passed,” Yameen said.

Safety and security are crucial for investor confidence, Yameen said.

“If foreign investors are to invest, start mega projects here, they will first consider if they would be able to work in a secure and peaceful environment.”

“Then they will consider if their assets would be safe here. Third, if they would be able to take back the benefits of their work to their countries. Fourth, if any issue they may have can be resolved speedily, free and fairly through the courts,” he added.

Law enforcement agencies would not take undue advantage of their new powers, Yameen pledged.

The amendments passed with 47 votes. Two MPs abstained while 17 opposition Maldivian Democratic Party (MDP) MPs voted against the revisions.

Advocacy NGOs the Maldivian Democratic Network and Commonwealth Human Rights Initiative (CHRI) on November 30 said the amendments “absolutely violates rather than limits fundamental rights of the people” and that, if passed, “will seriously hinder the democratic system Maldives has transited to”.

Opposition leader and former President Mohamed Nasheed has recently expressed concern over deteriorating public safety and said the government’s failure to investigate and prosecute serious crimes are tantamount to “deliberate state-sponsored terrorism.”

He also accused senior government officials and elements of the police of complicity in abductions, murder, arson attacks, and gang violence.

“I note that the government has not investigated such incidents that have occurred throughout the year and serious criminals are on the loose. The state has not pressed charges against them.”


Related to this story

Failure to prosecute serious crimes tantamount to “state-sponsored terrorism,” says Nasheed

Civil society groups condemn proposed restrictions to constitutional rights

Yameen pledges to end violent crime at ‘Successful 365 Days’ rally

MPs debate restricting constitutional rights after arrest

28-year-old man stabbed to death in gang-related violence

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Laamu Atoll identified as potential SEZ as Yameen inaugurates link road

President Abdulla Yameen yesterday inaugurated the Laamu Atoll link road, revealing that the area has also been identified as a potential special economic zone.

The president stated that the road – to be built and and financed by the Chinese government – was symbolic of the close ‎friendship between the two nations.

Meanwhile, the Maldives has officially signed up to China’s Maritime Silk Route project, with economic development minister Mohamed Saeed signing an MoU during the first meeting of the Joint Committee on Trade and Economic Cooperation in Beijing today.

The agreement will allow the Maldives to take an “active role” in the construction of the project as well as sharing information on national economic development plans, explained the foreign ministry.

Chinese state media have previously reported that the route will pass the intended site of the Ihavandhippolhu Integrated Development Project – or ‘iHavan’ – in the Maldives northernmost atoll.

President Xi Jinpeng has repeatedly called upon the Maldives to become involved in the project, which Xinhua has reported to have the support of over 50 countries.

One such urging came during Xi’s state visit to the Maldives in September – the first by a Chinese head of state, representing the rapidly expanding ties between the two countries.

The Laamu link road project was also unveiled during Xi’s visit. The 15.1km road will become the longest in the country, linking four of the atoll’s 13 administrative islands.

President Yameen said yesterday that the ‎road development project was integral to realising the developmental ‎aspirations of the atoll. He also announced that the area may be selected as a special economic zone.

Facilitated by the government’s flagship Special Economic Zones Act, the proposed deregulated areas have provoked criticism on grounds of transparency and the disempowerment of local authorities.

A minimum investment of US$150 million is required for SEZ developments, with no zones having been announced since the act was passed in August.

The president also noted during yesterday’s inauguration ceremony that the government’s Thumburi ‘Integrated Resort Development’ project – touted as a ‘responsible’ way to expand mid-market tourism – was also located in the atoll.

Signs of burgeoning China-Maldives ties were evident elsewhere yesterday as representatives of the Chinese People’s Liberation Army met with Minister of Defence Colonel (retired) Mohamed Nazim to discuss the acquisition of sea ambulances.

After pledging to provide ambulances in all 26 of the country’s atolls, the government has this year introduced services in six. Local media reported that additional vessels will be purchased with Chinese assistance.

As well as pledges to assist with the redevelopment of Ibrahim Nasir International Airport and construction of the Malé-Hulhulé bridge, in the past two months China has gifted the Maldives 200,000 energy efficient lights, 200 waste bins, fresh water during the recent water crisis, and US$500,000 towards the subsequent relief fund.


Related to this story

President Yameen hails passage of SEZ bill

Tourism minister defends under-fire economic zones bill

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Majlis passes Green Tax

The People’s Majlis has today approved amendments to the Tourism Act, introducing a ‘Green Tax’ on all tourists.

The US$6 per person levy – part of the government’s plans to raise MVR3.4 billion (US$220 million) in new revenue next year – will be introduced in November.

Tabled last month by Progressive Party of Maldives MP Abdulla Khaleel, MP for Nilandhoo, the bill was passed with the support of 52 of the 68 MPs present during the today’s vote.

Tourism Minister Ahmed Adeeb has previously said that the cabinet does not believe the green tax will hinder the demand from tourists, who will become “champions” of the Maldivian environment by paying the tax. He added that revenue generated would be spent on resolving the waste management issues in the greater Malé region.

The introduction of the new tax is to come 11 months after the abolition of the bed-tax, which will continue to be charged at US$8 a night until the end of this month.

A recent increase in Tourism Goods and Service Tax prompted some within the tourism industry to suggest the resorts could not withstand further taxation, although the IMF has continued to push for further levies in order to relieve the country’s fiscal imbalances.

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MACL head called to Majlis over expatriate worker issue

Managing Director of the Maldives Airport Company Ltd (MACL) Bandhu Ibrahim Saleem has been summoned to appear before the Majlis regarding the number of expatriate workers at Ibrahim Nasir International Airport.

Saleem has been asked to appear before the government oversight committee with human resources personnel from the company on Wednesday (December 17), writes Haveeru.

The paper reported a Progressive Party of Maldives (PPM) member of the committee as saying that the company had ignored requests for further information regarding the replacement of Maldivian staff, after the issue was raised by party members.

“It is one of the current government’s vows to provide Maldivians with job opportunities. But we have learnt that MACL isn’t acting in accordance with this. We have the incriminating information,” the PPM member told Haveeru.

Last December, the Ministry of Youth and Sport said it would attempt to resolve the large youth unemployment issue by replacing expatriate workers with locals.

However, angry staff at the airport soon launched a Facebook page titled ‘Say NO to foreign staffs in MACL INI Airport’, which singled out individual expatriate workers for abuse.

Source: Haveeru

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PG orders Elections Commission to reprimand MDP for resolution on transfer of power

Prosecutor General Muhuthaz Muhsin has ordered the Elections Commission (EC) to take all legal action possible against the opposition Maldivian Democratic Party (MDP) for its “irresponsible” resolution calling for Jumhooree Party’s Gasim Ibrahim to assume the presidency as an interim leader.

In a letter to EC President Mohamed Sulaiman, Muhuthaz said MDP’s call “is not the best for public order” as the Constitution clearly states how a head of state is elected and how the president’s powers may be delegated.

The decree proposed by MDP leader and former President Mohamed Nasheed during a severe water shortage in the capital Malé called on President Abdulla Yameen to hand over the reigns to Gasim.

Speaking to the MDP’s national council on December 7, Nasheed said: “The country is under a very dark cloud at the moment. The president is not fulfilling presidential duties and ruling in absentia. So it is better for him to handover governance to Gasim Ibrahim.”

Gasim polled third twice in last year’s presidential elections – successfully requesting the first vote be annulled before again finishing behind Yameen and Nasheed in a rescheduled poll. Gasim eventually threw his support behind Yameen, forming a coalition that saw the latter win the presidency before relations soured earlier this year.

President Yameen had been out of the country during when a fire at Malé’s desalination plant cut off water to the city’s 130,000 residents on December 4. He returned from Malaysia two days into the crisis.

Nasheed has repeatedly suggested Yameen’s frequent trips out of the country may be due to ill health and has called on the President to inform the public of his health.

Yameen’s Progressive Party of the Maldives (PPM) on December 8 said the MDP’s resolution “irresponsible and cowardly.”

“At a time when the government is carrying out urgent efforts to resolve the water shortage in Malé, this party believes that the [MDP resolution] is an activity planned by the MDP leadership to disrupt the country’s peace and security as well as the unity among Maldivians,” read the statement.

The PPM also characterised the national council decision as an “undemocratic and uncivilised” attempt to topple a legitimately elected government.

When asked about the MDP council’s resolution, Yameen on December 7 responded by saying “I do not pay much attention to what Nasheed’s says on such matters.”

Nasheed has also highlighted deteriorating public safety – with at least five fatal stabbings this year, and the disappearance of Minivan News journalist Ahmed Rilwan as a further reason for a changing the government.

The government’s failure to investigate and prosecute serious crimes is tantamount to “deliberate state-sponsored terrorism,” he contended in a statement on the occasion of International Human Rights Day on December 10.

He has also accused senior government officials and elements of the police of complicity in abductions, murder, arson attacks, and gang violence.

“I note that the government has not investigated such incidents that have occurred throughout the year and serious criminals are on the loose. The state has not pressed charges against them,” the statement read.

Nasheed argued that the government’s inaction has caused harm and undermined fundamental rights, calling on the public to “find courage from each other for justice and stand up against inhumane torture.”

Local NGO Transparency Maldives (TM) earlier this week, however, included the MDP’s call for Yameen’s replacement in a list of what is considered a growing trend of instances undermining democratic practices and institutions.

The other issues cited by TM were the removal of two Supreme Court judges this week, and the reappointment of the auditor general in November.


Related to this story

MDP calls on the government to hand power to JP leader Gasim

PPM condemns MDP’s “unlawful” resolution for handover of presidency to JP Leader Gasim

Transparency Maldives notes “grave concern” over undemocratic trends

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Supreme Court takes control of MDP’s Civil Court complaint on Faiz, Muthasim dismissal

The Supreme Court last night took control of a complaint lodged with the Civil Court regarding a judicial watchdog resolution recommending the removal of Chief Justice Ahmed Faiz and Supreme Court Judge Muthasim Adnan.

The opposition Maldivian Democratic Party (MDP) had filed the complaint with the Civil Court on Sunday morning, ahead of an extraordinary Majlis sitting to vote out Faiz and Adnan.

The first hearing was scheduled at 8:30pm, but the Supreme Court’s registrar Mariyam Sham’a Ismail sent a writ of prohibition at 8:40 pm ordering the Civil Court to halt proceedings on the case.

The writ ordered the Civil Court to “to hand over case files, with all relevant documents, to the Supreme Court before 20:45 tonight, 14 December 2014, and to immediately annul any action that may have been taken on the matter.”

MDP had requested the Civil Court to review the legality of the watchdog Judicial Services Commission’s (JSC) letter to the Majlis declaring the two judges guilty of misconduct and incompetence. The complaint also asked the court to issue an injunction against the Majlis vote.

However, a two-third majority of MPs voting removed the two judges before the Civil Court could examine the request for a stay order.

A lawyer who wished to remain anonymous questioned the legality of the writ of prohibition, claiming such an order could only be issued following a sitting of the Supreme Court bench led by the chief justice.

At the time of the writ’s issue, the position of chief justice was vacant. The Majlis only approved Supreme Court judge Abdulla Saeed to the position at an extraordinary vote at 9:30pm.

The apex court’s registrar cannot issue orders on the Civil Court in the absence of a chief justice, the lawyer claimed.

The Supreme Court also had a conflict of interest in the case as it asked for the review of a JSC ruling on the removal of two Supreme Court judges, the lawyer said. Further, Supreme Court Judge Adam Mohamed heads the JSC – the defendant in the case, leading to further conflict of interest, the lawyer said.

Faiz and Muthasim’s dismissal follow amendments to the Judicature Act reducing the seven-member Supreme Court bench to five judges. The revised law ordered the JSC to recommend two judges for dismissal within three days of its enactment.

Judicial independence

The Civil Court had on Saturday night condemned the move and said the Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the Supreme Court bench without due process.

The Civil Court Chief Judge Ali Rasheed Hussein, and Judges Aisha Shujoon, Jameel Moosa, Hathif Hilmy, Mariyam Nihayath, Huseein Mazeed, and Farhad Rasheed said the move was against principles of natural justice and several international conventions, and could “destroy judicial independence” in the Maldives.

“We believe we are obliged to comment on the issue for the sake of the democratic and judicial history of the Maldives, and we believe keeping silent at this juncture amounts to negligence” the bench said.

However, the ruling Progressive Party of the Maldves (PPM) maintains the bench reduction would facilitate judicial reform and strengthen the judiciary.

Faiz and Muthasim often formed the dissenting opinions in several controversial cases including the decision to annul the first round of elections held in September 2013. Muthasim was the only judge with a background in common law on the bench.

Faiz has since called his dismissal unconstitutional, and said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives.

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he said.

The Human Rights Commission of the Maldives has also sent a letter to Speaker Abdulla Maseeh and Attorney General Mohamed Anil expressing concern over the sudden dismissal of Faiz and Muthasim

How the state acts in the case sets an important precedent in establishing public trust in the judiciary, the commission claimed.

President Yameen’s nephew Shaheen Hameed and two lawyers have also asked the High Court to annul the amendments to the Judicature Act.


Related to this story

Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

MDP asks Civil Court to halt Majlis decision on judges’ removal

Majlis to vote on Chief Justice Faiz, Justice Muthasim dismissal on Sunday

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Silk road deal to be concluded in China-Maldives economic committee

The Maldives will officially join China’s Maritime Silk Road Project during the first ever China-Maldives joint commission on economy and trade in Beijing today.

A high level delegation of cabinet ministers left Malé yesterday evening (December 14), telling local media that the Maldives would officially join the trade route.

“With projects such as oil exploration and bridge construction in the agenda for discussion, the meeting will benefit economies of both countries. This is a great achievement to us as well,” Minister of Economic Development Mohamed Saeed told Haveeru.

An MoU establishing a Joint Committee on Trade and Economic Cooperation was one of a raft of agreements signed during the historic visit of President Xi Jinpeng in September.

The Maldivian delegation sent to Beijing also includes Minister of Fisheries and Agriculture Dr Mohamed Shainee, and Minister at the President’s Office Mohamed Hussein Shareef.

Shainee told media that discussions would be held with two Chinese companies regarding the search for oil, adding that the opportunity for neighbouring countries to join the search would be available.

India has already offered to assist in oil exploration within Maldivian territorial waters. The announcement that the administration of President Yameen would resume the Maldives’ decades-long search for oil was followed by a seismic survey by a German research vessel in August.

China’s Silk Road scheme is said to have caused concern in India, though Chinese state media has reported that more than 50 states have expressed willingness to join the project this year.

Shifting east

President Xi has repeatedly urged the Maldives to get involved in the trade route, which will link China to the east coast of Africa and the Mediterranean and is said to pass the Maldives’ northernmost atoll – the proposed site of the Ihavandhippolhu Integrated Development Project.

The ‘iHavan’ transshipment port – one of five mega-projects envisioned by the government – is designed to take advantage of the US$18 trillion worth of goods transported across the seven degree channel annually.

Attempts by the Yameen administration to attract foreign investors – which has included the introduction of the Special Economic Zones Act – have yet to result in any major deals, though China has signed agreements relating to the promotion of the Malé-Hulhulé bridge and the development of Ibrahim Nasir International Airport (INIA).

After a team of Chinese surveyors carried out a feasibility study into the bridge project last month, ministers last night told the press that they would seek to expedite the project while in Beijing.

Additionally, attempts would be made to secure deals for the development of the runway at INIA, the delegation explained. Consultants from Singapore’s Changi International Airport have been hired to oversee the development, with the tourism minister citing their experience working with Chinese contractors.

The delegation also explained that discussions would be held with China’s Ministry of Commerce regarding a free-trade areas, as well as discussing obtaining cheaper oil.

President Yameen has made clear his intention to further pursue already rapidly expanding ties with China, announcing a policy shift to the east while criticising the interference of western powers. China also accounts for one third of all tourists visiting the Maldives.

Yameen last week laid the foundations for 704 housing units in Hulhumalé, part of an arrangement for 1500 to be built by ‎the China Machinery Engineering Corporation as part of the further development of Hulhumalé – another of the government’s mega-projects.


Related to this story

Agreements on bridge and airport penned during Chinese president’s visit

Chinese President Xi Jinping calls for Maldives involvement in 21st century maritime silk road

President Yameen slams “Western colonial powers,” declares foreign policy shift to East

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Abdulla Saeed appointed as new Chief Justice, dismissed Justice Faiz laments “black day”

President Abdulla Yameen has appointed Supreme Court Justice Abdulla Saeed as the Maldives’ new Chief Justice within an hour of Majlis unanimously approving him for the position.

Opposition Maldivian Democratic Party (MDP) MPs staged a walk out prior to the vote, accusing the ruling Progressive Party of the Maldives (PPM) of burying the country’s 2008 democratic constitution.

MDP MP Imthiyaz Fahmy described the PPM and its coalition partner Maldives Development Alliance (MDA) as “enemies of democracy bent on taking revenge on the people after having assumed power through brute force.”

Tonight’s extraordinary session at 9pm followed an extraordinary morning session during which a two-third majority of MPs voted out incumbent Chief Justice Ahmed Faiz and Justice Muthasim Adnan.

Speaking to local media today, Faiz condemned the Majlis vote as unconstitutional, and said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he said.

Faiz and Muthasim were voted out after the Majlis amended the Judicature Act to reduce the seven-member Supreme Court bench to five judges.

The ruling coalition maintains the move will strengthen the judiciary and facilitate judicial reform.

Black day

Former President Mohamed Nasheed had appointed Faiz as the country’s first Chief Justice in 2010, days after he ordered the army to lock up the Supreme Court premises when the interim Supreme Court bench illegally declared themselves judges for life.

Faiz and Muthasim have formed the dissenting opinion in several controversial cases, including the decision to annul the first round of presidential polls in September 2010.

“Dismissal of a country’s Chief Justice against the constitution is no small matter,” Faiz told CNM today, adding “MPs are mandated to uphold democracy. But today there are doubts over how they perceive democracy.”

Faiz said he had decided not to speak in his defense prior to the vote due to conflict of interest and because he did not want politicians to benefit from any of his statements.

Muthasim was the only Supreme Court Judge with a background in common law.

New Chief Justice

Saeed, who served as the Chief Justice of the Maldives’ first interim Supreme Court from 2008 – 2010, was voted in with 55 votes.

Jumhooree Party (JP) MPs Gasim Ibrahim and Hussain Mohamed voted for Saeed despite having opposed Faiz and Adnan’s removal this afternoon. JP MPs Ali Hussein and Abdulla Riyaz, who had voted against the two judges’ dismissal, did not participate in the vote.

The watchdog Judicial Services Commission (JSC) had recommended that the two judges be dismissed for gross misconduct and incompetence on Thursday. But details of the ruling or evaluation criteria have not been made available to MPs or the public yet.

The seven member Civil Court last night declared the Judicature Act amendment unconstitutional and said it could “destroy judicial independence” in the Maldives.

PPM MP Riyaz Rasheed said Saeed’s appointment would strengthen the judiciary and facilitate judicial reform as MDP had advocated for.

He described Saeed as an educated and capable candidate with a master in Shari’ah and law. Saeed had also committed the Qur’an to memory, Riyaz claimed.

Supreme Court Justice Ali Hameed, implicated in a series of sex tapes, administered Saeed’s oath of office.

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Kerala minister to look into Indian teacher’s incarceration in Maldives

Chief Minister of Kerala state Oommen Chandy has pledged to provide all assistance necessary to secure the release of K.K. Jayachandran – an Indian teacher jailed in the Maldives.

Chandy gave the assurances to the Jayachandran’s family following the teacher’s wife’s petition to Minister for External Affairs Sushma Swaraj, reported the Hindu.

Jyothi Jayachandran sad that her husband had been falsely accused of abusing a student at his school on Feali Island, in Faafu Atoll, in April of this year.

“Subsequently, the complaint was withdrawn by the victim and his parents, but the police pursued the case by extending his custody, ” Jyothi was quoted as telling the Hindu last week.

“I have approached the Indian High Commission and Embassy office at the Maldives. So far, I have got no positive response from them,” she said.

Chandy subsequently said he would summon the consul attached to the Maldivian Consulate in Thiruvananthapuram on Monday as well as contacting the Indian High Commission in Malé.

Source: The Hindu

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