Tag: maldives news

18th Majlis prepares to review procedures and form standing committees

Parliament began regular sittings today, with reviewing the rules of procedure and constituting standing committees the first orders of business.

“This will be a Majlis that produces results. We will debate and discuss. But it will be done to produce results,” said newly elected Speaker Abdulla Maseeh Mohamed.

A proposal by Maseeh to form a five-member select committee to draft standing orders, and to follow the rules used by the outgoing parliament in the interim, was approved with unanimous consent of 72 MPs.

Mohamed ‘Kutti’ Nasheed from the ruling Progressive Party of Maldives (PPM), Ahmed Amir from the Maldives Development Alliance (MDA), Anara Naeem from the Adhaalath Party (AP), Hussain Mohamed from the Jumhooree Party (JP), and Mariya Ahmed Didi from the opposition Maldivian Democratic Party (MDP) were chosen for the select committee.

Article 88(a) of the constitution states that parliament shall “determine and control its administrative arrangements, hiring and firing of employees, determination of salaries of employees, and manage all matters concerning the sittings of the People’s Majlis. The People’s Majlis shall make regulations concerning these matters.”

The article also requires parliament to “make regulations and principles concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement. Such regulations may include rules of decorum and attendance requirements, and, subject to the consent of two-thirds of the members, may provide for non-payment of salary and allowances.”

A second five-member select committee – consisting of Riyaz Rasheed from the PPM, Gasim Ibrahim from the JP, Ali Mauroof from the MDA, Anara Naeem from the AP and Ali Azim from the MDP – was meanwhile formed to constitute the 13 standing committees of parliament.

Parliamentary rules dictate proportional representation for political parties in the standing committees based on the number of MPs in each party. The rules stipulate that the committees must be constituted within two weeks of the session beginning.

The 13 standing committees includes four committees dealing with affairs of parliament in addition to nine oversight committees.

Both select committees formed at today’s sitting held their first meetings today, electing chairs and deputy chairs.

Mohamed Nasheed and Anara Naeem were elected chair and deputy chair, respectively, of the committee selected to review the regulations. Riyaz Rasheed was elected chair of the select committee formed to constitute standing committees while Anara Naeem was elected deputy chair.

After adopting committee rules, Chair Riyaz Rasheed requested that political parties notify the committee of the number of its MPs as well as any changes to party affiliation.

The ruling PPM is the majority party in the 18th People’s Majlis with 38 MPs while the opposition MDP is the minority party with 25 MPs.

The PPM-MDA coalition has 43 MPs while former coalition partner JP has 15 MPs. The religious conservative AP has one MP while Madaveli MP Muaz Mohamed Rasheed remains the sole independent.

Speaker Maseeh meanwhile commenced his first sitting in the speaker’s chair with an appeal for all MPs to provide assistance and cooperate for fulfilling parliament’s constitutional responsibilities.

The veteran PPM MP said he was mindful of the challenges parliament would face as well as the considerable amount of work to be done, adding that the current parliament had the “capacity” to fulfil its duties.

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Comment: Does this government support Maldivian jihadists in Syria?

In the last week two Maldivians died in the Syrian conflict. About twenty more are fighting in the war. The news was brought to local papers by a group calling itself Bilad Al Sham Media, which insists furiously that it is run by a group of Maldivians based ‘in Syria, not in the Maldives’.

Bilad Al Sham refers to what is known as Greater Syria, currently the main attraction for the world’s jihadis who are lured to the conflict by what many believe is a divine promise that jihad there ‘will set the stage for the emergence of the true Islamic state’.

According to the Lebanon-based newspaper Al-Akhbar, the various nationalities currently fighting in Syria—Lebanese, Jordanians, Iraqis, Palestinians, Kuwaitis, Tunisians, Libyans, Saudis, Yemenis, Afghans and Pakistanis—are divided among many factions and schools of thought.

Three among them espouse the most hardline takfiri ideology – al-Qaeda’s Abdullah Azzam Brigades, the Doura Fighting Group, and the Jabhat al-Nusra li-Bilad al-Sham. The Bilad Al Sham Media group, which appears to have been set up for the purpose of publicising the activities of Maldivian ‘jihadis’, has confirmed that the Maldivians are with Jabhat al-Nusra, the deadliest of the three.

Al-Nusra first announced its existence in January 2012, pledged allegiance to al-Qaeda in 2013 and in April 2014, started its own weapons factory. To remove any doubt about Maldivian fighters being affiliated with Jabhat Al-Nusra, Bilad Al Sham Media posted an Al-Nusra issued identity card which it says belonged to the second Maldivian who died in the conflict. Affiliation with Al-Nusra is a matter of great pride for them.

Bilad Al Sham Media has a strong online presence—it has a Facebook page, a Twitter handle, a YouTube channel, and a blog. The group is making full use of all the platforms to bring detailed news of their activities in Syria to the Maldivian public. According to its Facebook page discussions with followers, the decision to go public was not made lightly. It was aware that being out in the open could mean that future jihadists would find it more difficult to leave the country and join others in Syria as authorities crack-down on them. But, in the end, it decided that the gains of going public — calling others to ‘Jihad’ and attracting them to their cause — far out-weighed the potential harm.

Bilad Al Sham Media appears to have been spot on in its calculations – they have got a far bigger response from their followers and wanna-be jihadis than from the government. Whereas the glorification of their ‘martyrdom’ has increased with the publicity, the government response has been virtually non-existent.

Maldivian jihadists, it appears, have nothing to fear from this government. In fact, the government appears to be tacitly condoning the whole enterprise if not actively encouraging it.

Bilad Al Sham Media warned the police not to investigate them, and instructed the Islamic Ministry to stay out of it.

Government’s response

The Islamic Ministry is following the instructions to a tee. Minister Sheikh Shaheem Ali Saeed responded to news of the Maldivian suicide bomber by saying that while he personally disapproved of Maldivians fighting in wars abroad, the Islamic Ministry itself had nothing to say on the matter.

President Yameen, meanwhile, has come out with a statement that makes suicide bombing in Syria sound similar to a minor transgression such as throwing some rubbish on the streets of Singapore where there are strict regulations against such behaviour.

Yameen said that the government had always urged Maldivians to maintain discipline abroad, adding that the responsibility for any crime wilfully committed by an individual must be borne by the individual himself.

Bilad Al Sham Media has made it clear that Maldivians in Syria are well trained fighters killing in the name of God – not ‘a family of Maldivians’ who, while travelling abroad, have somehow found themselves in a bit of a kerfuffle in Syria, as Yameen appears to suggest.

The rest of the president’s utterances on the subject, offering financial assistance to the fighters if they have found themselves stuck in Syria, smacks of someone who is totally ignorant of the phenomenon of violent radicalisation or is having a private laugh about it.

Does the government’s astonishingly blasé attitude to one of the most pressing security concerns in the world today stem from ignorance, or is it calculated? Is the government deliberately turning a blind eye to the radicalistion—both violent and non-violent—of Maldivians? Does it consider the ‘jihadists’ to be engaged in a Holy War to protect Islam?

Its actions, or lack of them, since the news broke certainly suggests this to be the case.

Most people were still reeling from the shocking news of the Maldivians killing and being killed in Syria when the national Martyr’s Day rolled around on Friday, 30 May. The death of the second Maldivian had been announced only three days before. Bilad Al Sham Media was busy putting out statements promoting their deaths as martyrdom, a jihad for Islam, when Foreign Minister Dunya Maumoon addressed the nation on the occasion of Martyr’s Day.

Shockingly, in all the talk of martyrdom, she had nothing to say about the Maldivians dying in Syria. Still conspicuously not remarking on the Syrian ‘jihadis’, she defined martyrdom as ‘loss of one’s life from an attack by the enemy in a jihadi war being fought for religion and for the country’s freedom’. She later said, ‘if we were to lose our lives during a sincere effort to protect our country’s sovereignty, that death will without a doubt be martyrdom.’

Support?

There was no such clarification of whether or not the government considers those killing themselves and others in Syria fits into her definition of martyrs for religion.

Other government officials were even more vague. Here is, for example, Vice President Mohamed Jameel Ahmed’s tweet to mark the occasion:

Which martyrs is he speaking of? The Maldivians ones of days long gone who died fighting for the country’s freedom, or the self-proclaimed jihadis killing and being killed in Syria?

Never the sort to waste an occasion for nationalistic rhetoric, on Saturday evening the government held an official ceremony to mark Martyr’s Day. As Chief Guest, Home Minister Umar Naseer added to the ambiguity. He focused on the changed nature of modern warfare, saying that days of fighting with swords and guns are long gone.

Today’s war, he said, is ideological – what is under attack are ‘how people think of their countries, and their religion.’ There was no mention of whether or not he, or the government, considers Maldivian ‘jihadis’ fighting in the Syrian war as soldiers in that ideological war.

Added to this recurring ambiguity is total inaction. Although it is the Maldives Police Service (MPS) which has a dedicated counter-terrorism department, recent media reports have quoted the police as saying Maldives National Defence Force is responsible. In this case, however, the buck seems to have been passed to MPS.

Bilad Al Sham Media, which has warned the police that probing into their activities is anti-Islamic, is right not to be too concerned. The MPS was unable to identify Justice Abdulla Hameed from the leaked sex videos despite his identity being obvious to the naked eye. And, it was only in last October that the MPS Counter-terrorism chief flew to London with a ballot box for the presidential election and disappeared only to be found when he posted pictures of himself at an Arsenal football match.

In addition to the cluelessness, it is not just Bilad Al Sham Media that is warning police that investigating their ‘jihad’ is anti-Islamic.

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They were recently told the same thing by hardline Salafi preacher Sheikh Adam Shameem Ibrahim (of Andalus fame) selected by the government to address the police on the occasion of Martyr’s Day. What he had to say to the police is not the least bit surprising. He recast national heroes of history in today’s Islamist terms— ‘Mujahedin who had martyred for Islam’ and the country.

He said all police should always be determined to become a martyr, and took pains to tell the force just what a glorious position Islam has for martyrs. Nothing, of course, was said about it being wrong to blow themselves up, and kill others, in the name of Islam in the Islamists’ ‘Holy War.’

The government’s non-action, its sanguine reaction to the news of Maldivians fighting in Syria, its complete lack of any counter-extremism or counter-radicalisation initiatives, its failure to state its position on whether or not it regards the Maldivian fighters who died in Syria as martyrs or not, and its sanctioning of an Islamist preacher to glorify martyrdom to the Maldives Police Service all combine to make a very loud statement — this government tacitly supports Maldivians fighting and killing themselves in the ‘Holy War’ to establish an Islamic state in Syria.

Interesting, given that the jihadists themselves have little respect for it – and we have already had some experience of what Islamists do to governments they have no respect for.

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Police launch special operation in response to spike in theft and robbery

The Maldives Police Service (MPS) launched a special operation in the capital Malé last night in response to a spike in cases of theft and robbery in recent weeks.

At a press conference this morning, Chief Superintendent Ali Shujau explained that the number of cases reported in the past two weeks had risen sharply compared to the previous five months.

Shujau, head of the central operations command, said that burglars had taken advantage of police officers being engaged in providing security during the recently concluded AFC Challenge Cup hosted by the Maldives.

Large amounts of cash and expensive items have been stolen from apartments in the capital, he added.

Police also expected a spike in theft and robbery during the upcoming World Cup and the fasting month of Ramadan, Shujau noted, advising the public to take precautionary measures.

Police officers will conduct targeted searches of areas in Malé and search vehicles as well as suspicious individuals after midnight as part of the special operation.

Vehicle checkpoints will be set up across the capital. As apartments on the first and second floors of large buildings were being targeted, police patrols will focus on preventing theft from such residences.

The special operation is being conducted jointly by the central operations command, investigation departments, forensic directorate, traffic police, and the Specialist Operations (SO) command.

The MPS has also advised the public to hide valuables such as phones, jewellery, and wristwatches and to properly lock doors at night. Businesses were advised against keeping large amounts of cash in shops or offices.

According to statistics from the MPS, 2,484 cases of theft and 291 cases of robbery have been reported so far this year.

A 46 percent spike in cases of theft was recorded in January this year compared to the same period in 2013.

Reported instances of theft had increased dramatically in 2012 compared to the previous year. While 4,734 cases of theft were reported in 2011, the number rose to 6,572 in 2012, which represented a 38 percent annual increase.

The figure climbed to 6,681 in 2013.

Robbery and theft currently account for roughly 50 percent of crimes reported to police.

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Supreme Court upholds reinstatement of police inspector dismissed after rape allegations

The Supreme Court has today upheld the High Court ruling to reinstate Chief Inspector Hussain Risheef Thoha who had been dismissed after being accused of raping a woman inside a police car.

The ruling stated that, although the victim had alleged that a group of police officers attacked her, she did not state that Risheef participated in the rape.

Commenting on today’s ruling today, Maldivian Democratic Party MP and lawyer Imthiyaz ‘Inthi’ Fahmy expressed concern the court would ask for the reinstatement of an officer after its disciplinary board had decided that there was enough evidence to link him with a rape case.

”These are not just ordinary citizens, these are senior police officers accused of a serious crime,” Inthi said. ”This is very dangerous and serious.”

Risheef had called the officers who were inside the car, said the Supreme Court today, stating that this did not prove he had participated in the attack.

The ruling noted that there was no record of a phone call in which Risheed instructed officers to rape the victim.

The court ruling stated that Risheed had gone to the area where the girl had been left after the incident, and had given her a t-shirt to cover herself up.

Again, this does not prove that Risheef had participated in the act, said the court, noting that helping a person in that situation to cover up is how it should be done in Islamic principles.

The court also criticised the police disciplinary board for taking action against Risheef based on the allegations, saying that this was against Islamic principles and international best practice.

The case

In August 2011, a woman filed a case at police headquarters alleging she was sexually abused by a group of police officers, including Risheef.

Thoha later appealed his dismissal by the police disciplinary board at the Civil Court, which ruled that the decision had been lawful and that there was enough evidence to dismiss Risheef from duty.

The Civil Court noted at the time that Risheef’s call records showed he had contacted the other accused officers several times, and in turn had been contacted by them.

The ruling also said that the girl was thrown out of the car naked near the chief inspector’s house in Maafannu, and that Thoha had admitted to being in the area a few minutes later.

In August 2012, the High Court overruled the decision made by the Civil Court and ordered that police reinstate Risheef at the rank of chief inspector.

In September 2012, the High Court upheld a Civil Court ruling to reinstate Police Lance Corporal Ali Nasheed to active duty, who had been dismissed in relation to the same incident.

Recently, police said that they would only accept dismissed officers in a situation where the Supreme Court ordered the reinstatement of their position in the police.

Lawyer Inthi said that such issues makes the people lose confidence with the police force.

”This shows that issues like this are not taken seriously,” he said. ”The disciplinary board is a board that has the authority to dismiss police officers if they find that there was enough evidence to believe that a police officer is guilty of a crime.”

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South Asia Regional Environmental Security Forum begins in Kurumba

The South Asia Regional Environmental Security Forum – held by US Pacific Command in partnership with Maldives National Defence Force – began today at Kurumba resort.

The event – which will continue until Thursday (June 5) – is the fourth of its kind, aiming to develop awareness and partnerships in environmental security throughout the Asia Pacific region.

Representative from both the Maldives government and around the globe will gather to promote regional cooperation on the topics of water security, waste management, resource protection, and energy.

The event will include a tour of nearby Thulusdhoo Island, where attendees will be shown examples of coastal erosion and waste management issues in the Maldives.

“The results of the event will assist participating groups to enhance existing environmental security documents and procedures and develop new ones to adapt to and mitigate climate change,” explained a US embassy press release today.

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Poor security measures at fault for cyber attack, say government IT experts

IT experts have suggested that the scale of yesterday’s attack on government sites was due to poor security mechanisms.

Government IT experts have told Minivan News today that the hosting of multiple government sites on a single server was a security concern of which government was aware.

“Shared hosting is cheap, while having a dedicated server could be expensive. So this is a price versus security choice. But even with shared hosting if the server is secured properly it would minimise the risks,” said a cyber security official at one government institution.

Dhiraagu has today confirmed that the 117 websites defaced in yesterday’s cyber attack by a Syrian anti-war group were hosted on a single Dhiraagu server.

The Maldives’ oldest telecommunications company noted that all affected websites were fully restored last night, within twenty four hours of the attack.

“Attacking government websites is a criminal act and this is being investigated by the police now. Such attacks are carried out against many corporations and organisations around the world, even the most secure,” said Dhiraagu Public Relations Executive, Ibrahim Imjad Jaleel.

“Our engineers have assure that assured that security will be upgraded even further to ensure such an incident is not repeated in the future. It is equally important for developers to increase the security features of websites,” he added.

Shared hosting issue previously flagged

IT experts have told Minivan News today that the attack was likely to have been carried out by the manipulation of one or more vulnerable government websites hosted on a single Dhiraagu server.

“It seems that after accessing the server and gaining elevated privileges, the attacker decided to deface the websites. If it was someone with really malicious intentions they could have done more,” explained a local software engineer.

“Defacement is the least of our worries – think about what somebody could do or have probably done already. Load in exploit code on the pages and nobody would notice. It is possible to compromise thousands of Maldivians and offices,” they warned.

The case is now being investigated by the cyber crime division at the Maldives Police Services (MPS).

Ahmed Athif, head of Information & Communication Directorate at MPS said police will conduct an assessment and share the information and recommendations with the National Centre for Information Technology (NCIT) and other relevant authorities.

While he noted that this is the biggest attack of this nature to be carried out against the Maldives government, he said specific details of the case could only be revealed after a thorough investigation.

The NCIT has made no official comments regarding the issue, but a source within the centre today told Minivan News that the shared hosting of sites and other security concerns have frequently been raised during security assessments of government institutions.

In August 2013 the Elections Commission reported that their servers were continuously under attack at the time, while in the same month the Department of National Registration’s (DNR’s) ID card database with political party affiliations was leaked online.

Police later said the database was stolen from an Elections Commission web server after it had been hacked.

In March 2013 the United Nations (Maldives) website was also defaced in order for a hacker to deliver a message saying that securit on their website was insufficient.

Responsibility for yesterday’s attacks was claimed by Dr. SHA6H – an anonymous figure who has claimed to have infiltrated hundreds of similar sites across the globe over the past two years.

“This site has been hacked because of the world’s silence of three years of massacres that occur in Syria and this is still happening,” read the message left on the defaced websites, attributed to a group called the Syrian Revolution Soldiers.

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“Invisible war” being waged against nationalism and faith, says home minister

An invisible war is being waged against the Maldives’ nationalism, claimed Minister of Home Affairs Umar Naseer when commemorating Martyr’s Day last Thursday (May 29).

“We are under attack even today, at this very moment, and this minute and second – but in a different way. Today the targets are our thinking, creed, the good views we hold of our nation – the love for the nation, the respect for national history.”

“Today there are great efforts destroy these. This is an invisible war, weapons that cannot be touched,” said Naseer during an event held at the Olympus Theater in Malé.

Martyr’s day has been officially commemorated since 1979, in remembrance of Sultan Ali VI – commonly known as Ali Rasgefaanu – who is said to have died fighting Portuguese invaders in 1558.

The occasion was also observed by the police service, with the controversial Sheikh Adam Shameem Ibrahim advising officers of the importance of martyrdom in Islam.

Additionally, Foreign Minister Dunya Maumoon warned of attempts by outside actors to enslave the nations politically and economically.

Beware of hidden enemies: home minister

The four pillars on which the Maldives stands are the Dhivehi language, Islam, the Dhivehi culture, and independence said the home minister.

Naseer stated that the foundation of Maldivian culture was Islam alongside social values such as respecting elders and women, and showing kindness towards one another.

Naseer requested people be vigilant of anyone who “casts a gaze filled with hatred” towards national properties, land, religion, and peace.

“Today we will have to face such experiences within the Maldives and from abroad. This is today’s war. You will not be martyred in this war, instead you will face death. Thinking and ideologies will be corrupted. The result would be unhappiness in both worlds,” said Naseer.

The home minister’s sentiments were also reflected in Foreign Minister Dunya Maumoon’s statements on the occasion.

Recalling the sacrifices of various national heroes Dunya said that today’s globalised attacks were not waged with guns.

“In today’s world, most of the time we are uncertain about how or from where the enemies attack [us]. Attacks indented to enslave [us] come in many different forms,” said Dunya.

“In today’s world, instead of colonisation countries are being enslaved economically and politically.”

Asking whether a nation dependent on others for its basic needs can be considered independent, Dunya noted the importance of an economically independent Maldives that can protect its religion and identity.

Police commemoration

The Maldives Police Service also held a special parade at Iskandar Koshi on Thursday in order to mark the day.

Chief Guest at the ceremony, attended by Commissioner of Police Hussain Waheed and Deputy Commissioner of Police Ahmed Saudi, was the controversial preacher Sheikh Adam Shameem Ibrahim.

Addressing the police parade, Sheikh Shameem said police officers should always posses the will to be martyred in defending the people and the nation.

Remarking that the country was passed onto the present generation with the hard work of Mujahidin who were martyred in defending Islam and the nation, the sheikh explained the high regard for martyrdom in Islam.

Shameem has recently prayed for the acceptance of the martyrdom of Maldivians killed in the Syrian civil war, stating that anyone who fights to glorify Islam against disbelievers are Mujahideen (Holy warriors).

He also said on his Facebook page that Nusayri (Shiah Muslims) of Syria are disbelievers “worse than Christians and Jews”.

Sheikh Shameem first came to public attention following his ‘mega-lecture’ ‘Andalus‘, during the 2013 presidential elections.

Live broadcasts of this lecture were interrupted by authorities for violating state broadcaster’s guideline, while the opposition Maldivian Democratic Party condemned the lecture accusing Shameem of inciting hatred in order to sway the electorate.

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Independent MP for Nilandhoo Abdulla Khaleel signs for PPM

Independent MP for Faafu Nilandhoo Abdulla Khaleel has signed for the Progressive Party of Maldives (PPM) today, bringing the ruling party’s number of MPs to 38 and the Progressive Coalition’s tally to 43 out of 85 seats.

Khaleel defeated incumbent PPM MP Abdul Muhsin Hameed by a one-vote margin – which increased to three votes following a recount – in the March 22 parliamentary polls.

Speaking to the press after signing the membership form at a ceremony in Muleeage this afternoon – attended by President Abdulla Yameen, Vice President Dr Mohamed Jameel Ahmed and Tourism Minister Ahmed Adeeb – Khaleel said he began his political career alongside friends who were currently in PPM, adding that he saw his future in the party.

“I support this government’s economic agenda very much and God willing I will have a role among Majlis members in achieving the important objectives of that agenda,” he said.

With Khaleel’s signing, four out of five independent MPs elected to the 18th People’s Majlis as well as one opposition Maldivian Democratic Party (MDP) MP have now joined the PPM, leaving Madaveli MP Muaz Mohamed Rasheed the sole independent.

Together with the five MPs of coalition partner Maldives Development Alliance (MDA), the governing coalition now has 43 seats – the simple majority required to pass legislation and approve presidential appointments.

The Progressive Coalition – made up of the PPM, Jumhooree Party (JP) and Maldives Development Alliance (MDA) – had however secured a combined total of 57 seats in the March 22 polls.

Following a dispute over the speaker’s post, the PPM severed its coalition agreement with the JP last week. The JP had won 15 seats.

President Yameen however told reporters at the signing ceremony today that PPM was still willing to work with the estranged coalition partner, professing “respect” for JP leader Gasim Ibrahim.

“I believe there is still the opportunity for us to work together with the JP,” he said.

While nine political appointees belonging to the JP – including Transport Minister Ameen Ibrahim – have been dismissed in the wake of the coalition’s breakup, Yameen noted that three cabinet ministers as well as board members of state-owned enterprises occupying JP slots remained in the government.

Yameen denied pressuring the JP members to sign for the ruling party to retain their government jobs, adding that it was “up to them to decide” how best to serve the nation.

The president also said that a clear majority in parliament would enable his administration to implement the PPM manifesto and carry out mega infrastructure projects.

“We wanted to keep the speaker’s post in our party for that reason as well. God willing, we will be able to carry on our government’s work swiftly when more members of the People’s Majlis join our party,” he said.

Yameen added that the party’s aim was to take the Maldives to “a whole other stage” of economic development.

Some MPs of the opposition MDP – the minority party in parliament with 25 seats – have also given assurances that they would cooperate with the executive, Yameen said.

Most MPs believe that political rivalry should be “set aside” in favour of working together in the public interest, he added.

“So God willing, our hope is to get a clear majority of the People’s Majlis in the not-so-distant future,” he said.

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Criminal Court disregarded crucial evidence to set top drug dealer free, reveals High Court ruling

The Criminal Court set a drug kingpin free after claiming that a hearing during which crucial evidence was presented never took place, a High Court ruling on May 29 has revealed.

The High Court overturned the lower court’s ruling and sentenced Hassan Yoosuf of Laamu atoll Gan Island to life in jail for trafficking 46.6 grams of cannabis products.

The Criminal Court said the state had not presented the rubber packet alleged to contain cannabis as physical evidence to the court. But both state prosecutors and Yoosuf testified at the High Court that the police brought the packet to the court on August 22, 2010.

However, the Criminal Court said it has no record of the hearing having taken place.

The High Court’s ruling also highlighted additional intentional lapses in the lower court’s verdict such as its dismissal of credible eyewitness testimony.

Police have called Yoosuf “the top drug dealer” in Laamu Atoll. He was found guilty of drug trafficking and sentenced to 30 years on a separate case in November 2011, but released by the Drug Court in February 2012 after completing a six month rehabilitation program.

No record

Yoosuf fled from the police on December 15, 2009 when the police attempted to arrest him on suspicion of drug trafficking, eyewitnesses said.

When police caught up with him, he threw away a cigarette pack into the trees on the roadside. A rubber packet containing a black substance fell out from the box, eyewitnesses said.

At the Criminal Court, Yoosuf denied charges, arguing the rubber packet presented as evidence could not have fit inside the Camel Light cigarette box.

The presiding judge then asked the state to present the evidence at court. Forensic expert Corporal Mohamed Thihamee went to court with the evidence and demonstrated how the packet could be folded to fit inside the box on August 22, 2010, but the Criminal Court later denied the hearing took place.

Thihamee also testified that the hearing took place. Yoosuf also said the evidence was presented, but said he did not remember seeing Thihamee fit the rubber packet inside the box.

Thihamee demonstrated the same during the High Court appeal.

Discrepancies

The Criminal Court also ruled there were too many discrepancies in witness statements to convict Yoosuf.

But the High Court said all four witnesses testified that they saw Yoosuf throw away the cigarette pack during the police chase and that they saw a rubber packet fall out from the box.

They further testified the police found the rubber packet caught between the fronds of a short coconut palm tree on the roadside, the High Court said.

The witness statements and the forensic report on the substance inside the packet is enough proof to convict Yoosuf, the High Court’s majority verdict found.

Dissenting judge Abdulla Hameed found Yoosuf not guilty on a procedural point, arguing the right process was not followed in compiling the forensic report. He said the junior police officer who conducted the analysis was only authorised to do so under a senior officer’s direct supervision.

But judges forming the majority opinion Azmiralda Zahir and Abdul Rauf Ibrahim said the senior police officer is not mandated to be present throughout the time of analysis, but is supposed to supervise whether all the procedures are followed correctly.

The Maldives Correctional Services recently temporarily released convicted drug kingpin Ibrahim Shafaz Abdul Razzak for medical treatment in suspect circumstances in February. But he was caught in Colombo and extradited to the Maldives in May.

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