Criminal Court declares MP Inthi’s contempt charges invalid

Contempt of court charges against opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy are invalid, the Criminal Court has declared today.

The Maafannu North MP was charged last year with “disobedience to order” under the ‘Protection of the sanctity of the courts regulation’.

The charges related to comments criticising the Supreme Court on the Raajje TV talkshow ‘Fala Suruhee’ (‘Headlines’).

“Now no one can be charged under this invalid regulation,” Inthi told Minivan News today, adding that there was now no basis to declare contempt of court outside courtrooms a criminal offence.

Today’s Criminal Court ruling came in response to procedural points raised by Fahmy regarding the validity of the regulations cited.

In October 2011, the People’s Majlis excluded this regulation, which precedes the new democratic constitution, from the General Regulations Act – the parent legislation for regulations without a statutory basis.

Within days of the Majlis’ decision, the Supreme Court declared that the regulation should still be enforced temporarily.

In the procedural points raised at the court, Fahmy stated that the regulation remains invalid and that a criminal offence can only be declared through legislation passed by the parliament.

The ruling issued today by Judge Ahmed Sameer Abdul Aziz on Fahmy’s procedural points stated that the regulation’s exclusion from the General Regulations Act made them invalid.

Aziz concurred that the power to create legislation is vested in the People’s Majlis “without any debate, and absolutely”.

The ruling came short of declaring the sanctity of the courts regulation invalid, however, stating that “the legal basis of this regulation cannot be questioned in this [Criminal] court” as it was created by a superior court.

Highlighting that the regulation has not been published as required by Article 61 (b) of the constitution, the ruling declared that criminal charges cannot be pressed as this would undermine a fundamental right of citizens.

Suggesting that the courts can still take administrative action under the regulation, the case was ordered to be returned to the Prosecutor General’s Office.

Criticism of the judiciary

Speaking to Minivan News today, Inthi described the ruling as a victory in the fight for justice,

He noted that the regulation was invalid as, though the Supreme Court can annul a law passed by the parliament, it can never bring back legislation killed by the parliament.

In another contempt of court case last March, the Supreme Court issued a verdict removing Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts, and sentencing Fuwad Thowfeek to six months imprisonment.

The pair were charged for commenting on the court’s rulings in the media and for answering questions posed by a parliamentary committee.

The EC members were prosecuted under the court’s ‘Suo Moto‘ regulations, which allows the apex court to initiate hearings and to act as both plaintiff and judge in a trial.

At the time of the case, MP Inthi described the verdict as “unconstitutional”, calling it “ judicial shamelessness”. He maintained that there was no law which outlaws the criticism of courts outside of court hearings.

“I will act as a shield to ensure the attempts to cover the mouths of Maldivians citizens with plaster does not become widespread. The result of this [ruling] is that such charges will not be pressed against journalists or any citizen under this invalid regulation,” he said today.

Additionally, Inthi noted that he was discriminated against at the court today, saying that while both himself and MP Ahmed ‘Sun’ Shiyam were summoned to the court at the same time today, they received different treatment.

“We are both members of the parliament, but he entered the court through the judges’ gate and waited at the VIP area of the court.”

“I was with other people, some of them handcuffed. I was there for criticising the judiciary and he is being charged with possession of alcohol,” said Inthi, stating that this was a clear reflection of the status of the judiciary in the Maldives.

Preferential treatment for Shiyam was also reported by local media at the first hearing in his trial.

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Gasim will have to withdraw candidacy for Majlis speaker, says President Yameen

Jumhooree Party (JP) leader Gasim Ibrahim “will have to withdraw” his candidacy for speaker of the 18th People’s Majlis, due to be sworn in on Wednesday (May 28), President Abdulla Yameen has said.

Speaking to reporters this morning prior to his departure to India to attend the swearing-in ceremony of Prime Minister-designate Narendra Modi, Yameen said that “a lot of discussion” has taken place with the JP leader on the issue of the speakership.

“The party has informed Gasim twice in writing of our position as well as what could happen as a result of [Gasim contesting for speaker]. However, Gasim has not accepted it yet,” Yameen said.

The “fraternity” of the Progressive Coalition – made up of the ruling Progressive Party of Maldives (PPM), JP and Maldives Development Alliance (MDA) – could be adversely affected if the business tycoon sought the speaker’s post, Yameen warned.

The “common practice” across the world was for the speaker of parliament to belong to the party with the most number of seats, he contended.

“So other parties in the coalition putting forward names is not commonly done,” he said.

While Gasim has not responded to the PPM’s last letter, Yameen said the ruling party was still open for talks with the coalition partner.

“But I don’t know what else we could do for Gasim. Gasim will just have to withdraw his name the way I see it. There isn’t anything more we could do for Gasim at this point,” he added.

Internal strife

In the wake of the president’s remarks today, JP Secretary General Ahmed Sameer told local media that the party’s council will hold a meeting to decide its stance.

The next speaker will be elected through secret ballot at the first sitting of the 18th People’s Majlis on Wednesday.

Yameen meanwhile revealed that the PPM’s parliamentary group had decided yesterday to nominate MPs-elect Abdulla Maseeh Mohamed for speaker and Abdul Raheem Abdulla for deputy speaker following consultation with former President Maumoon Abdul Gayoom.

Asked about PPM MP Ahmed Nazim’s bid for the speaker’s post, Yameen said the outgoing deputy speaker was free to contest independently of the party, but expressed confidence that “a person as responsible as Nazim” would not do so.

Tourism Minister Ahmed Adeeb – deputy leader of the PPM – has meanwhile claimed  that allegations of corruption that surfaced in the press last week were linked to his refusal to support certain individuals for the speaker’s post.

Adeeb claimed that MP Nazim was behind the corruption allegations, which are currently under investigation by both the Anti-Corruption Commission and auditor general’s office.

Adeeb said he could not back Nazim as he was suspected of “blackmail” and “corruption” and declared his support for Maseeh.

“This problem [corruption allegations] has come up because my stand is strong inside the PPM. I am accused of these things because I take the stand that is most beneficial to the country. And because I have influence within PPM,” he was quoted as saying by newspaper Haveeru.

Zero-sum game

Maseeh, Raheem, and Nazim were re-elected in the March 22 parliamentary polls, which saw the Progressive Coalition secure a combined total of 53 out of 85 seats.

However, neither party won enough seats to reach the 43-vote simple majority on its own.

Following the signing of three out of the five independent candidates elected to the 18th parliament, the PPM currently has 37 seats, followed by the opposition Maldivian Democratic Party (MDP) with 25 seats, the JP with 15 seats, the MDA with five seats, and the religious conservative Adhaalath Party with one seat.

MDP MP-elect for the Thimarafushi constituency, Mohamed Musthafa, also signed for the ruling party a week after the parliamentary polls.

While the PPM and MDA together have 42 seats, PPM MPs-elect Ahmed Mahloof and Ahmed Nihan revealed after the parliamentary elections that the pair had pledged their support for Gasim’s bid to become speaker during negotiations for forming the Progressive Coalition ahead of last year’s presidential election runoff.

However, PPM Leader Gayoom told local media this week that Gasim was not promised the speaker’s post as part of the coalition agreement between the parties.

Meanwhile, former President Mohamed Nasheed – acting president of the MDP – signalled the opposition party’s support for Gasim following a meeting at the business tycoon’s residence last month.

The MDP announced last Friday (May 23) that the party’s 25 MPs-elect would back a candidate who support’s the parties policies, including judicial reform, empowerment of local councils as well as the introduction of a progressive income tax and a minimum wage.

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Afghan coach suggests Maldives should not host further tournaments

Afghanistan national football team coach Mohammad Karger has called on the Asian Football Confederation (AFC) not to hold further tournaments in the Maldives.

“We have suggestions for the AFC that they do not again organise games in a country in which we can’t go and play football. This is for holidays, we come [here] for holidays,” said Karger.

The AFC has meanwhile suggested today that the Maldives could face suspension from further tournaments should local authorities carry out investigations into possible corruption regarding ticket sales.

The Anti-Corruption Commission yesterday announced it would investigate potential misconduct after irregularities in the sale of tickets prompted fans to protest outside Football Association of Maldives (FAM) headquarters yesterday.

Speaking during a pre-match press conference ahead of tomorrow’s semi-final against Palestine in Malé, Afghan coach Karger complained of the logistics surrounding the team’s group matches – held in Addu City.

Echoing comments made by Phillipines coach Tom Dooley yesterday, Karger suggested that it was inappropriate for teams to have to travel by boat prior to games.

Dooley told media yesterday that the 20 minute speedboat between Herathera resort and Hithadhoo was “unusual”, and that this had caused some of his players to suffer travel sickness before games.

Karger – speaking through his captain Zohib Islam Amiri who acted as translator – advised the AFC today not to organise games where transport to matches causes players to vomit.

Addu City is scheduled to hold the Mahinda Rajapaksa International Challenge Cup later this year.

Prior to the tournament, Assistant Secretary General of the Football Association of Maldives Mohamed Nasir had cited the unusual geography of the country as a reason to celebrate the staging of the tournament as something “remarkable”.

The after-effects of the Afghan team’s bus crash on Saturday were also revealed during today’s press conference, with the head coach stating that three players injured in the incident were now unavailable for the game, while three more were being assessed.

Police Commissioner Hussain Waheed has stated that the incident may have been deliberate, although the road on which the crashoccurred is a notorious accident hot spot, and the motorcyclist involved has tested positive for opiates.

Addu City Council has today expressed its regret over the incident as well as defamatory remarks during the ongoing investigation.

“We call on the organisers of this tournament to identify what has caused this and to take action to further strengthen organization in order to ensure that such a sad incident is not repeated during future international tournaments,” read a council statement.

Possible penalisation

Following the Anti-Corruption Commission’s announcement that it would be looking into potential wrongdoing in the sale of tickets for tomorrow’s semi-finals, the AFC today released a statement today warning that such investigations fall under its jurisdiction.

“If any domestic investigative authority attempts to intervene in the affairs of AFC or in any tournament conducted by AFC in partnership with FAM [Maldives Football Association], the Republic of Maldives, as a member of AFC and FIFA is at risk of being penalised for such intervention, including suspension from international events and tournaments,” read an AFC statement.

Minivan News has previously received information that relatives of FAM staff had been selling tickets at inflated prices. Unrest broke out among queuing fans as the number of available tickets dropped dramatically yesterday.

Local media reported that sales had continued this morning. FAM officials were not responding to calls at the time of publication.

Meanwhile, local media has reported that President Abdulla Yameen has pledged a further MVR1 million to the Maldives team should it win its semi-final against the Philippines tomorrow.

Minister of Youth and Sports Mohamed Maleeh Jamal is said to have made the announcement at a function held to award the team with the previous MVR1 million – promised in return for the team’s progression from the group stage.

Jumhooree Party leader Gasim Ibrahim was also reported to have offered a further MVR500,000 to the players.

With the tournament touted as an opportunity to bring unity to the country after an extended period of political division, the Civil Service Commission today requested that all employees wear red tomorrow in order to demonstrate support for the team.

The winner of Friday’s final will automatically qualify for next year’s Asian Cup in Australia.

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South Asians for Human Rights criticises death penalty policy

The South Asians for Human Rights (SAHR) group has added its voice to the international concern over the government’s moves to reintroduce the death penalty.

“SAHR is deeply concerned with the adoption of this new regulation and calls upon the Government of the Maldives to respect international human rights law and to retain the moratorium on the use of the death penalty, especially in cases that involve minors, and to abolish the practice altogether,” read the group’s statement.

Recalling reasons cited by the Home Minister Umar Naseer for the decision, SAHR said that it did not believe there could be any justification for the use of the death penalty, particularly against children.

According to the recently published regulations, implementation of death penalty can be delayed if the convict is underage till he or she is 18-years-old and if the convict is pregnant, until she gives birth and the child is two-years-old.

SAHR, which describes itself as a network of human rights defenders, was established in 2000 by civil society leaders from Bangladesh, India, Nepal, Pakistan, and Sri Lanka.

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Humam appeals death sentence at High Court

Hussain Humam – found guilty for murdering parliament member Dr Afrasheem Ali – has appealed his death sentence at the High Court.

While local media has confirmed the appeal, it is still unclear if the the case was accepted by the High Court.

The Criminal Court sentenced Human to death on January 16, 2014 , having found him guilty for the crime of intentional murder, stating that it was proven beyond doubt that Humam assaulted Dr Afrasheem with a sharp object and intentionally killed him.

The appeal has come just before the 90 day appeal period for lower court rulings – excluding public holidays – was about to end.

Dr Afrasheem – then MP for Ungoofaaru Constituency and a moderate Islamic Scholar – was found brutally murdered at the his apartment building on the night of October 1, 2012.

Shortly after Human’s sentencing, Home Minister Umar Naseer announced plans to reintroduce the death sentence after an unofficial sixty year moratorium on the practice.

The regulation, published late last month, are set to apply retroactively to all pending death sentences.

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Corruption and conspiracy allegations mar AFC Challenge Cup

With additional reporting by Ahmed Naish

The national unity created by the AFC Challenge Cup appeared to waver today as protests broke out in ticket lines amid claims of corruption while the police commissioner alleged a conspiracy in yesterday’s Addu City bus crash.

Supporters of the national team staged a protest outside the Football Association of Maldives (FAM) after ticket sales for Tuesday’s semi-final against the Phillipines were halted, with the Anti-Corruption Commission (ACC) promising an investigation.

Sources who wished to remain anonymous told Minivan News today that they had bought tickets at inflated prices from relatives of senior FAM officials – the organisation has denied these claims.

ACC President Hassan Luthfee expressed confusion over the sale of tickets, telling local media that the commission will investigate how the number of available tickets in the 8,000 capacity stadium suddenly dropped to 150 today.

Luthfee was not responding to calls at the time of publication.

Meanwhile, Police Commissioner Hussain Waheed told police media that suggestions yesterday’s accident was pre-planned were credible. He did not provide details, saying the police would be looking into the matter further.

FAM President and MP Ilham Ahmed said today that Asian Football Confederation (AFC) officials had called him to ask if the environment in the country was safe to continue the tournament. The confederation intends to take action against the FAM regarding yesterday’s accident, reported Ilham.

After AFC reportedly raised concerns about security at the National Stadium, Chief Superintendent of Police Ismail Naveen today said that – despite proceedings having been peaceful up to now – police were now upgrading security services of the national stadium.

Speaking at the press conference held today, FAM’s director of football said that tickets were not sold or given to FAM staff in a way that could lead to misuse.

Ilham – who said that police had advised the FAM stop selling tickets after people broke the queue – said the FAM had sold three tickets to each member of staff , while locals were only allowed two tickets each for the semi-final.

Ilham claimed that 50,000 people wanted to get into the 8,000 person National Stadium for Tuesday’s semi-final saying that the FAM would try to screen the upcoming matches in Olympus theatre, Adi Park, and in the Social Centre in Malé.

Today’s events followed yesterday’s accident in which five members and two officials from the Afghan team suffered minor injuries in a bus accident on Addu City’s link road.

Police and media reports describe the accident as having been caused when the driver attempted to overtake a van travelling in front of the team’s motorcade. The van was forced to break, causing the following vehicles to hit it from behind.

One police officer accompanying the motorcade broke an arm, while a female protocol officer suffered head injuries. Eight others, including two soldiers and two locals also suffered injuries.

The site of the accident – the 14-kilometer Link Road in Addu City – is the longest paved road in the country and is a notorious accident hot spot.

The tournament, which concludes on May 30, has been lauded for uniting the people of the country after a prolonged period of political division.

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Vice president assures government’s commitment to press freedom

The present administration will not seek to penalise Maldivian journalists for free expression or critical reporting of the government, Vice President Dr Mohamed Jameel Ahmed has assured.

“The main reason for this is because this government believes and remembers that the hard work of journalists contributed to it coming into being,” Dr Jameel said in a speech at a function held last night to celebrate the 35th anniversary of newspaper Haveeru.

“I believe that one of the main bases for the stability in this country today is the hard work done by the diligent journalists of Maldives, media outlets, and those active in those outlets, when what was happening inside a government wounded human rights and dignity and cast a dark shadow on the nation’s riches.”

Maldivian journalists have made sacrifices that the nation should be proud of in the country’s “experience of democracy,” he added, noting that journalists faced threats to their lives.

No government official or cabinet minister would attempt to intimidate journalists as a result of their reporting on government policies and programmes, Jameel pledged.

“I also assure you that we will do everything possible to ensure that such a thing does not happen,” he said.

Jameel’s remarks were echoed by President Abdulla Yameen in a speech in the island of Eydhafushi last month, where he vowed that his administration would not take action against the media “no matter how far journalists take the freedom offered by this government.”

Even now in newspapers and TV channels they are talking about various matters. Regarding the government or responsible officials in the government, they are saying there are people in the government who have committed various crimes,” he said.

“[But] we have not filed such a case at court. We have not filed such a case at the ACC. So there will be press freedom in the Maldives under this government to an extent that journalists have never seen before. Criticism of the government’s actions is not that big a problem for this government. Talking about myself or my character is not a problem for me. So why wouldn’t there be press freedom?”

Yameen’s remarks came shortly after his administration faced criticism over the absence of either the president or a cabinet minister at a ceremony held to mark World Press Freedom Day, which saw the introduction of the first Maldives Journalism Awards.

President Yameen was also criticised for not making an official statement. A statement was however issued by President’s Office Spokesperson Ibrahim Muaz Ali, in which he warned that the government would stop any journalism outside of acceptable bounds, or attempts to create chaos or defame individuals.

“Poison”

While the press provided essential information to the public, Jameel meanwhile went on to say that the manner in which information was imparted at times misled the public and “becomes a poison that clouds the mind”.

If local media outlets aired such “poisonous” reports, Jameel warned that journalism could be reduced to frivolous entertainment.

“Journalism should not be something you do for your own entertainment or fun,” he said.

Meanwhile, addressing the people of Meedhoo in Raa atoll last week, Jameel asserted that wealthy media owners would not be able to dictate to the government or determine the course of the nation for the next five years.

“Today’s reality is that [the mass protest on December 23, 2011] that brought to an end to what was happening in this country was not at all the work of powerful businessmen or those who run influential newspapers,” he said.

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Orientation for new MPs session held today

An orientation session to familiarise the new intake of MPs set to be sworn in later this week was held at Traders hotel today.

Organised by the Majlis Secretariat and the UNDP, the event is to introduce newly elected MPs to the parliament’s work and procedures, reported Haveeru.

Only a third of those who won seats for the 18th Majlis are incumbents.

The Progressive Coalition – made up of the Progressive Party of Maldives, Jumhooree Party, and the Maldives Development Alliance – secured 53 out of 85 seats in the March 22 parliamentary polls.

The Maldivian Democratic Party (MDP) won 26 seats while independent candidates won five seats and the religious conservative Adhaalath Party won one seat.

Three independent candidates along with MDP MP-elect for the Thimarafushi constituency, Mohamed Musthafa, have since signed for the PPM, bringing the ruling party’s numbers up to 37 and securing a two-thirds majority for the coalition.

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Motorcyclist in Afghan team bus crash tests positive for opiates

The motorcyclist said to have caused yesterday’s bus crash involving the Afghan national football team has tested positive for drugs.

Police have confirmed that the driver tested positive for opiates and also that he had no license.

Police and media reports describe the accident as having been caused when the driver attempted to overtake a van travelling in front of the team’s motorcade. The van was forced to break, causing the following vehicles to hit it from behind.

Five players and two team officials suffered minor injuries in the accident. All were released from hospital yesterday evening, except for Mustafa Azadzoy who was released this morning after experiencing pain in his hip.

One police officer accompanying the motorcade broke an arm, while a female protocol officer suffered head injuries. Eight others, including two soldiers and two locals also suffered injuries.

The team have now travelled to Malé where they will prepare for their semi-final match against Palestine on Tuesday (May 27).

The site of the accident – the 14-kilometer Link Road in Addu City – is the longest paved road in the country and is a notorious accident hot spot.

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