Majlis to consider PG appointment at sitting on Monday

The Majlis has scheduled the sixth sitting of its current session for Monday April 14, when it will discuss reports on the appointment of new members to various institutions, including the post of prosecutor general (PG).

Earlier this month the independent commission’s oversight committee rejected President Abdulla Yameen’s nomination to the PG’s role, while the appointment of Dr Azeema Adam for the post of Governor of the Maldives Monetary Authority was approved.

A new member of the Police Integrity Commission was approved during the same meeting and will also be discussed on Monday.

The committee of the whole house will also review amendments to the Airport Service Charge Act and the Act on Export and Import.

The house has not convened since April 2, with local media last week reporting that nothing had been scheduled on the agenda.

Secretary-general Ahmed Mohamed told Haveeru that the hiatus allowed committees to continue their work, with Speaker of the House Abdulla Shahid urging MP’s to hasten their efforts as the 17th Majlis draws to a close.

The final sitting of the current Majlis will take place later this month before the swearing in of the 18th Majlis next month.

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High Court to open on Friday to receive election-related cases

The High Court has today said that its registration department will be open on Friday night between 9pm-11:30pm in order to receive cases concerning the recent Majlis elections.

The court noted that according to laws it has to conclude cases concerning elections within 30 days of the final results being issued by the Elections Commission (EC).

All cases concerning the elections have to be submitted within 14 days of the result, which were announced by the EC on March 28 at 11:35pm.

The High Court has so far accepted cases concerning electoral issues in 10 constituencies so far, including Villingili, Mahibadhoo, Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, Meedhoo, Felidhoo, and Nolhivaram constitutencies.

The court has today concluded hearings into the lawsuit filed by the Jumhooree Party (JP) candidate for Naifaru constituency Ahmed Mohamed, who alleges that the independent candidate – whom he alleges had campaigned after the time was up – had sent misleading text messages to constituents.

EC lawyer Husnu Suood is reported to have told the court today that the complaints had been filed at the complaints bureau by the JP candidate, but that the case had not been concluded as the commission was still clarifying some information from government authorities.

He said the commission had noticed misleading texts sent to Naifaru voters in the name of JP candidate Ahmed Mohamed, noting that it was a very serious issue.

According to Haveeru, Suood told the court that if the accusations were proven, the candidate had violated the code of ethics for campaigning.

Also speaking at the court today, the JP candidate’s lawyer said that independent contestant Shiyam had campaigned outside of the regulated time period.

Shiyam is also accused on sending misleading text messages to constituents saying that the government coalition supported him, as did both President Abdulla Yameen and former President Maumoon Abdul Gayoom.

Of the five independent MPs-elect, three – including Shiyam – have now signed for the the president’s Progressive Party of Maldives (PPM).

The JP candidate’s lawyer submitted two witnesses as well as the text messages in question to the court, which announced no further hearings would be held in the case unless the court needed to question witnesses or to clarify more information.

PPM candidate in Mid-Hithadhoo, Ibrahim ‘Hiyaaly’ Rasheed, has asked the High Court for police intelligence regarding his bribery allegations, while losing Maldivian Democratic Party candidate for the Shaviyani Funadhoo constituency alleges the late closure of a ballot box, out of hours campaigning, and bribery in his case.

Following the election, the EC revealed that a total of 115 complaints were submitted in writing to the national complaints bureau, including 18 concerning the voter registry and 33 complaints regarding negative campaigning, the behaviour of election officials, and campaigning during polling hours.

In its preliminary statement on the parliament elections, local NGO Transparency Maldives (TM) said elections were well-administered and transparent “but wider issues of money politics threatens to hijack [the] democratic process”.

TM revealed that a survey conducted prior to last year’s presidential election showed that 15 percent of respondents had been offered “money or other incentives” in exchange for their vote.

“Admissions about illegal activities such as this are usually underreported in surveys. TM’s long-term observation indicates that vote buying may be even more widespread in the parliamentary elections than other elections,” the statement read.

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Iranian boat and suspects connected with heroin seizure released

Police have released the Iranian vessel ‘Harmooz’ and six Pakistani nationals who were arrested in connection with the 24kgs of heroin that was seized by the police last month.

A police media official has confirmed the releases to local media but has declined to say why they had been released.

‘Hormooz’ was seized after having carried the drugs from Chahabar port in Iran and delivered it to the Maldivian fishing boat ‘Violet’ 30 nautical miles outside of Maldives EEZ.

A total of eighteen officers were involved in the operation, with a police report describing the operation as a unique experience for all who took part in the record-breaking operation.

Police have revealed that the money was transferred to the agents in Iran by a member of the Maldives Police Service who has subsequently been arrested in connection with the case.

Four Maldivians, three Bangladeshis, and 11 Pakistanis were taken into custody in connection with the case.

Local newspapers have reported that Abdulla Shaffath, who was arrested in connection with the Artur brothers’ case last year, was among the suspects taken into custody, although police have yet to confirm this.

Police Superintendent Mohamed Rasheed, head of the Drug Enforcement Department had previously told the media that the street value of the drugs may have been up to MVR100 million (US$6.5 million).

In an interview with Minivan News in January, Home Minister Umar Naseer said that the main target of his ministry for the next five years would be curbing drug-related crimes.

Naseer said that he intended to give a high priority to enhancing the customs services in order to stop illegal drugs and other contraband from being smuggled in to the country. He also said that the police intelligence department was being expanded.

“Leaving aside abusers and peddlers, the focus of this front will be on major wholesale drug dealers. We will investigate how drugs are brought into the country, find the contacts abroad, find ways to locate and take action against those involved even if they are abroad,” he said.

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Arbitration proceedings in GMR case to begin within the week

Proceedings in the US$1.4 billion GMR arbitration case will begin this Thursday, local media has reported today.

Officials at the Attorney General’s Office told Minivan News that, while they could not confirm the precise dates, representatives of the office working on the case are currently in Singapore.

Citing sources within the government, media has reported that both the government of Maldives and the state-owned Maldives Airports Company Limited (MACL) will be represented at the hearings which they have said will begin on Thursday (April 10) for six days.

The case was filed following the premature termination of the a 25-year concession agreement to develop Malé’s Ibrahim Nasir International Airport (INIA) by the government of President Dr Mohamed Waheed in December 2012.

The Attorney General’s office has earlier stated that the Maldives will be represented by Singapore National University Professor M. Sonaraja, while former Chief Justice of the UK Lord Nicholas Addison Phillips will represent GMR.

The arbitrator – mutually agreed upon by both GMR and the Government of Maldives – is retired senior UK Judge Lord Leonard Hubert Hoffman. Both GMR and the government have earlier stated that arbitration proceedings will be concluded around May this year.

In 2010, GMR Male International Airport Pvt Ltd, owned by GMR-MAHB consortium, was awarded a concession contract to manage INIA in an investment worth US$511 million – the largest in the Maldives history.

In December 2013 President Waheed’s government prematurely terminated the concession agreement claiming that it was ‘void ab initio’, or invalid from the outset.

The management of INIA was returned to the state-owned MACL which at the time was still responsible for some aspects of airport operations.

After an injunction blocking the Maldivian government from voiding the agreement was overturned by the Supreme Court in Singapore in June 2013, GMR initiated the arbitration process claiming US$1.4 billion in compensation for “wrongful termination”.

During the second round of procedural hearings in August 2013, the tribunal acceded to GMR-MAHB’s request to split the proceedings in two – firstly determining liability, before quantifying the amount of compensation to be paid separately.

The proceedings will consider GMR’s claim is for compensation as per the termination clause of its concession agreement, a parallel claim for loss of profits over the lifespan of the agreement due to its termination, and the Maldives government’s counter-claim for restitution should the tribunal decide in its favour.

Indo-Maldivian relations appeared to have be strained following the termination of GMR contract, although bilateral relations have improved with the election of President Abdulla Yameen.

Indian Prime Minister Dr Manmohan Singh has since requested President  Yameen to “amicably” settle the GMR airport issue.

Speaking to local media, Attorney General Mohamed Anil has earlier suggested the government had a strong case in the arbitration proceedings.

In separate Singapore-based arbitration proceedings, one of the project’s lenders, Axis Bank, was said to have sought payment of US$160 million for a loan guaranteed by the Maldivian Finance Ministry. These reports were subsequently denied by the government.

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Candidates for Villingili and Mahibadhoo constituency seek to invalidate elections

Candidates who unsuccessfully contested for Majlis seats in Gaafu Alifu and Alifu Dhaalu atolls have filed cases at the High Court to invalidate the election results of those constituencies.

According to local media, Maldivian Democratic Party (MDP) candidate for Gaafu Alifu Villingili constituency Haroon Rasheed and Jumhooree Party (JP) candidate for Mahibadhoo constituency Ahmed Sunil filed the cases today.

Mahibadhoo constituency was won by independent candidate Ahmed Thariq ‘Tom’ – who has since joined Progressive Party of Maldives (PPM) – while the Villingili constituency was won by PPM candidate Mohamed Saud.

The High Court has accepted cases concerning electoral issues for eight constituencies so far.

Candidates who contested for Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, and Nolhivaram have also filed cases with the High Court.

These initial results in these constituencies returned two progressive coalition MPs-elect – one JP and one PPM, one independent candidate, and three MDP representatives, although this includes Thimarafushi’s Mohamed Musthafa who defected to the PPM within 10 days of the poll.

The court has started the hearings concerning the Funadhoo, Hithadhoo-Mid, and Kurendhoo constituencies.

The High Court has today concluded hearings into the Mid-Hithadhoo case, saying that if the court does not need to further study the case or question witnesses during the next hearing it will deliver a verdict.

PPM candidate in Mid-Hithadhoo Ibrahim ‘Hiyaaly’ Rasheed, who filed the case, has asked the High Court for police intelligence regarding the bribery allegations he has made.

Rasheed’s lawyer has submitted the names of 10 witnesses to prove his client’s allegations that there was bribery involved in the parliamentary elections.

MDP candidate for Shaviyani Funadhoo constituency Abbas Mohamed, who lost the seat to PPM candidate Ali Saleem, has alleged that the ballot box kept in Shaviyani atoll Magoodhoo was closed after the time specified by the Elections Commission (EC).

He alleged that election officials started counting the Magoodhoo ballot box after the EC had announced the preliminary results, questioning the validity of the poll.

Abbas also said that PPM candidate Saleem had campaigned after the campaigning time was up by throwing flyers and posters around the islands.

He alleged that Saleem had bribed people in the day of election and that his complaints – filed with the EC complaints bureau – were not considered.

Saleem won the seat by 930 votes while MDP candidate got 855 votes.

Following the election, the EC revealed that a total of 115 complaints were submitted in writing to the national complaints bureau, including 18 concerning the voter registry and 33 complaints regarding negative campaigning, the behaviour of election officials, and campaigning during polling hours.

In its preliminary statement on the parliament elections, local NGO ransparency Maldives (TM) said elections were well-administered and transparent “but wider issues of money politics threatens to hijack [the] democratic process”.

TM revealed that a survey conducted prior to last year’s presidential election showed that 15 percent of respondents had been offered “money or other incentives” in exchange for their vote.

“Admissions about illegal activities such as this are usually underreported in surveys. TM’s long-term observation indicates that vote buying may be even more widespread in the parliamentary elections than other elections,” the statement read.

“Inability of state institutions to prosecute vote buying due to gaps in the electoral legal framework, lack of coordination, and buck-passing between the relevant institutions have allowed rampant vote buying to go unchecked.”

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Bar Association calls for Ali Hameed suspension

The Maldives Bar Association has called for the suspension of Supreme Court Judge Ali Hameed pending an investigation into allegations over the judge’s appearance in a series of sex tapes.

Hameed’s continued presence on the Supreme Court bench contravenes the Islamic Shariah and the norms of justice, the organisation said in a press statement on Monday.

“Given the serious nature of the allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

Three videos showing Hameed engaging in sexual relations with foreign women in a Colombo hotel room first surfaced in May 2013. The judicial oversight body Judicial Services Commission (JSC) set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation. In July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

JSC member Shuaib Abdul Rahman and former member MP Ahmed Hamza have accused JSC President and Supreme Court Judge Adam Mohamed of stalling the investigation into the scandal.

The JSC’s four-month delay in a decision undermines public trust in the judiciary, the Bar Association said.

President of the Bar Association Husnu Suood, and former member of the second JSC committee set up to investigate the scandal has suggested his suspension from practicing law – handed down by the Supreme Court in January – was related to his role in the investigation.

The Supreme Court withdrew the suspension on Sunday on the condition he refrains from engaging in any act that may undermine the courts.

The Maldives Police Services had completed an investigation into Suood’s alleged contempt of court, but the Prosecutor General’s Office decided not to press charges.

Meanwhile, the police in December said it still could not ascertain if the sex tapes are genuine. Local media have claimed the Maldives Police Services have been unable to proceed with investigations due to the Criminal Court’s failure to provide two key warrants.

The Bar Association has said the JSC must expedite a decision on Hameed’s suspension to uphold public trust.

“Judgments by judge who’s integrity has been questioned is not acceptable under the Islamic Shari’a, given that even testimony from an unreliable source is not accepted,” the statement said.

Hameed contributed to a majority verdict in a series of controversial Supreme Court judgments in recent months, including the annulment of the first round of presidential polls in September 2013, stripping two opposition MPs of their Majlis membership over decreed debt, and the removal of Elections Commission president and vice president.

In May 2013, the Supreme Court requested the Ministry of Home Affairs look into the procedures by which the Bar Association was established, claiming the use of the word ‘Bar’ in the association’s name had lead to “confusion” among international legal and judicial groups.

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Man found dead on April 1 tested positive for opiates

A 24-year-old man found dead in Henveiru Annaarumaage on April 1 less than 24 hours after his release from rehab tested positive for opiates, police have revealed.

“Analysis shows that there was a high concentration of the drugs opium and benzodiazepine in the youth’s urine,” police said in a statement yesterday.

Police media officials were not responding to calls at the time of press to confirm whether a heroin overdose has been established as the cause of death.

Local media identified the deceased last week as Mohamed Rashad from the island of Kulhudhufushi in Haa Dhaal atoll.

According to Rashad’s family, he was released from the rehabilitation centre in Himmafushi the day before his death.

“Mohamed was released yesterday, and he was staying with a friend at Annaarumaage until the community centre could make arrangements,” Rashad’s uncle was quoted as saying by Sun Online.

“His friend was there when I went to the house, who told me that Mohamed was still sleeping when he woke up. When we went and checked, he was dead.”

National Drug Agency (NDA) CEO Ahmed Muneer explained to the online news outlet that patients undergoing community treatment upon release from rehab were required to attend several classes.

Recovering addicts were required to stay in Malé until the process could be completed, Muneer said.

He also denied the family’s claim that they were not informed by the NDA of Rashad’s release.

Spiked

Speaking at a ceremony held on Thursday to mark the second anniversary of the Drug Court, Acting Chief Judge Mahaz Ali expressed concern with the rehabilitation facilities available in the Maldives.

The NDA informed the Drug Court in April last year that all rehabilitation centres in the country were at full capacity, Mahaz revealed.

The main community centre in Malé was at full capacity at the start of this month, he continued, and could not accept more patients.

Since its formation in January 2012 with the enactment of the new Drugs Act, Mahaz said that 93 drug offenders had completed the court-mandated rehabilitation programme.

Of the 93 recovering addicts, Mahaz noted that only eight had been arrested again.

In March 2009, Minivan News reported the death of five drug addicts from overdose or suicide in the space of one month.

Four out of the five addicts had received treatment at the rehabilitation centre in Himmafushi.

Police revealed at the time that a forensic examination of confiscated drugs showed that heroin sold on the streets was laced with benzodiazepine, a class of psychoactive drugs.

The combination of benzodiazepine with opiates is known to lead to coma and even death.

According to local NGO Journey, about 95 per cent of addicts who seek rehabilitation in the country relapse into drug use.

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Maldives police to take part in Chinese seminar

Twenty Maldivian police officers will attend a seminar alongside Chinese counterparts later this month in Shanghai, local media has revealed.

The China-Maldives Police Service Seminar will be held between April 10-23, reported Sun Online who have quoted Commissioner Hussain Waheed as expressing hope that the seminar would bring the standards of the Maldivian participants up to those of Chinese officers.

Speaking at an official inauguration ceremony last night, Chinese Ambassador to Maldives Wang Fukang hoped the seminar could further strengthen Maldives-Chinese relations while thanking local police officers for keeping Chinese tourists safe.

China now contributes more tourist arrivals to the Maldives than any other country, with recent government figures showing that 331,719 Chinese tourists visited the Maldives last year, accounting for 29.5 percent of all tourist arrivals in 2013.

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Comment: Putting democracy on a firm footing

First, it was the symbolic cut in salaries for junior ministers. Then it was the move to replace monthly salaries for local council members across the country with sitting-fees – pending parliamentary approval. The more recent one is the shutting down of the Maldivian Embassy in Dhaka as part of the substantial 40 percent slash in the Foreign Ministry’s budget.

President Abdulla Yameen has proved that he means business when it comes to economising on government expenditure. As a former Finance Minister, he made no bones about pledging to cut down on government-spending in a big way during the closely-fought presidential elections last year. None can thus complain that they were not forewarned.

Whether the nation is on the right economic path will take time to evaluate. For now, for a variety of reasons, including government initiatives of every kind, the US dollar – the nation’s fiscal life-line – has become relatively cheaper. This could encourage the Yameen leadership to attempt more important and equally genuine reform measures on the economic front.

Before the Yameen leadership, the short-lived Maldivian Democratic Party (MDP) government had taken bold moves to initiate across-the-board ‘economic reforms’, as had never before been attempted. Going by successive voter-behaviour since, the huge slash in government employee strength and salaries was not as unpopular as had been thought.

Despite programme-based differences, the MDP and President Yameen’s Progressive Party of Maldives (PPM) have shared an overall common approach to economic reforms. When conceding the election last year, Nasheed promised his cooperation to President Yameen for all policies and programmes that are in the greater interest of the nation.

The MDP has not since criticised, nor even commented upon, the fiscal measures of the new government. It is thus for President Yameen to take the MDP on Nasheed’s word and to initiate a ‘policy consensus’ to the nation’s problems – starting with those on the economic front. He too has begun well by reiterating that his government’s programmes would be meant for all Maldivians without party-bias.

Re-visiting democratisation

If the economy is one area where there seems to be an overall consensus of some kind, political populism still seems to be having an occasional say. The fragile economy is unable to withstand the pressures that are alien to larger and stronger economies for which the IMF model had been built, for Third World nations to follow without adapting to local demands.

Worse still may be the case of the democratisation process in the country, which was a straight import of a template, text-book model. None at the time considered the wisdom of such mindless aping of the West because that was what was better known. That was also the only scheme acceptable to those demanding multi-party democracy of the western model, wholesale.

Maldives and Maldivians had the option of choosing between two broad western models, namely the presidential scheme and the Westminster parliamentary form of government. The nation chose the former, but with institutions and priorities that were originally adapted with the parliamentary model in mind. This has produced a jinxed system, which has to be exorcised of some misunderstood and at times misinterpreted elements from the immediate democratic past if democracy has to take roots.

While the current Maldivian system provides for dynamism, it’s only a part, a tool. Democracy is more than the sum of its parts. For them to juxtapose well, they need to be crafted in ways they were intended to serve the greater cause of democracy and nation – and not necessarily in that order. Rather, that order, the nation itself has to prioritise, and in ways that they all dovetail well into one single piece called ‘democratic experience’, as different from democratic-importation.

Having lived an isolated life owing to geography and topography, not only Maldives as a nation but also Maldivians as islands, that too under a one-man system, either as a Sultanate or as a relative democracy in the twentieth century, the nation and the people need to give themselves time to assimilate democratic values from elsewhere and tone them ways that becomes acceptable and adaptable under Maldivian circumstances.

That way, the upcoming five years are crucial to Maldives as a nation in terms of democratic experience than maybe even the first five – which was full of experiences, mostly of the wrong and/or misunderstood kind. The nation needs to re-open itself to democratic discourse and debate without such dissertations and dissections getting in the way of normal life and livelihood of the people, and politics and public administration by the Government, political parties and leaderships.

The Maldives has to open a new page in democracy, and the initiative for the same rests mainly – though not solely – with President Yameen and his ruling coalition. He cannot keep the rest out of it for reasons already explained. They cannot escape ‘accountability’ either, as the less-emotional parliamentary polls and their results have shown, since.

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