Tag: maldives news

EU concern over Supreme Court’s action against Elections Commission

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The EU has expressed “concern” over the Supreme Court’s decision to prosecute the Elections Commission for contempt of court

“The EU Delegation notes with concern the current action of the Supreme Court on its own initiative to bring before it members of the Elections Commission who have expressed concern over its judgments,” read a press release from the EU delegation based in Sri Lanka.

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

September’s annulled vote had been universally praised as free and fair, while the evidence used to cancel the result has been criticised by the UN as well as EC President Fuwad Thowfeek.

“The EU Delegation recalls the importance of legal proceedings being fair and transparent in accordance with international standards, and call on the Government of the Maldives to ensure the independence of the Elections Commission in the run up to and during the Majlis Elections so that they can proceed as scheduled on 22 March 2014. “

In addition to utilising new ‘Sumoto’ (or ‘Suo motu’) regulations that allow the apex court to initiate hearings and act as both plaintiff and judge in a trial, the Supreme Court’s contempt charges are based on privileged testimony given to the People’s Majlis by EC members.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

However, claiming the establishment of justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could therefore be used in court.

EC President Thowfeek has denied the charges against the commission, noting that “testimony provided at the People’s Majlis committee was not given to hold the court in contempt, but to be held accountable to the EC’s actions.”

The Supreme Court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

In today’s statement, the EU has expressed concern that the current proceedings “risk undermining the vital independence of the Elections Commission, respect for the separation of powers and free expression in the Maldives.”

The issue of separation of powers has been a regular theme this week as politicians continued to campaign for the March 22 poll, with leaders from both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives claiming that their parties can best ensure the three branches of government are kept apart.

Most recently, while campaigning in Malé for the governing coalition on Sunday (February 23), former President Dr Mohamed Waheed suggested that “we have separated the power so much that the country is suffering”.

“This country can’t go forward if we separate the powers any more,” said Waeheed.

Former President Mohamed Nasheed yesterday told representatives of the UN that he did not expect his MDP to take part in the elections should the EC members be arrested and replaced.

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Saudi investment firm to develop US$100 million resort in Laamu atoll

Saudi real estate investment and development firm Best Choice has announced plans to develop a US$100 million resort on Vadinolhu island in Laamu Atoll.

“We are negotiating with investors, and we are looking for more,” Best Choice CEO Mohamad Rabih Itani told Minivan News today.

“Our aim is to develop Vadinolhu Island as a high-end resort with world-class facilities to promote it as a complete family destination,” Itani explained in a company press release.

With headquarters in Bahrain, Best Choice – formed just last month – also has offices in Turkey and the Maldives. The company’s owners, however, have been active in the Maldives for a number of years, Mitani told Minivan.

“The company was established last month, but we already had a company in the Maldives called Miulu developments since 2011.”

Established by Saudi investors, the group currently specialises in properties in Italy and Spain, as well as selling mixed-use projects in Turkey and residential developments in Saudi Arabia.

Saudi Prince Salman bin Abdulaziz is scheduled to visit the Maldives this week, and ties between the Arab state that the Indian Ocean archipelago have been growing under the presidency of Abdulla Yameen.

Headlines in Saudi Arabia have suggested that Prince Salman will discuss potential investments and partnerships in energy, tourism, transport, and Islamic affairs, as well the provision of a soft loan facility of US$300 million for the Indian Ocean nation.

President’s Office Spokesman Ibrahim Muaz today said that prince’s visit is still due to take place, and that Prince Salman will meet with President Yameen during his stay.

When asked about Best Choice’s links with the Saudi royal family and the increasing relations between the two states, Mitani stated that the timing of the resort announcement was “pure coincidence”.

The proposed resort, reported to feature 100 beach villas, world-class dining services, wellness facilities, and leisure activities, a Best Choice press release has stated. The resort is expected to be completed by 2017.

“We have already designed a business proposal targeting potential investors to collaborate with us in the operation and management of the resort. We are confident of achieving an operating profit in the second year with the cash payback period at six years,” Mitani explained.

Best Choice’s press release describes the Maldives as “one of the most recent investment destinations in South Asia”.

“Due to its investment-friendly policies, the South East Asian Island offers attractive opportunities to keen investors – especially those into resort management,” read the release.

The Yameen administration has sought burnish the country’s credentials as an attractive place to invest after the premature termination of Indian company GMR’s deal to develop the international airport in late 2012.

Although Yameen’s Progressive Party of Maldives – part of the governing coalition at the time of GMR’s expulsion – includes many vocal opponents of the GMR deal, the party has since distanced itself from the decision.

Reassuring foreign investors of the safety of the Maldives as a destination for investment was recently announced of one of the main aims of the administration’s foreign policy.

The Maldives brand of luxury tourism currently accounts for 70-80 percent of the country’s GDP, with the IMF noting recently that investors in the Maldivian resorts can expect a quicker return on investment than in similar resort industries. The industry attracted over 1.2 million tourists in 2013.

The IMF delegation also noted that, despite plans to increase tourist goods and services tax to 12 percent later this year, the Maldives tourism industry was still only lightly taxed in comparison to other destinations.

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Construction of flats for police to begin next month

Construction of flats in Hulhumalé for police officers will begin during March, President Abdulla Yameen said yesterday during a visit to the Iskandhar Koshi headquarters.

According to police media, President Yameen said at the meeting that resolving housing issues for police personnel in Malé and the atolls was a high priority of his administration.

“Speaking in this vein, the president said construction work in the project for providing housing to police will begin during March with God’s will,” police media revealed.

President Yameen said he has personally witnessed the “difficult conditions” that officers were working in the atolls, adding that the government would “prioritise finding an adequate solution” and would strengthen police welfare mechanisms.

In a visit to the Kalhuthukala Koshi military barracks two days ago, Yameen also pledged to provide housing for soldiers. He reportedly urged soldiers to respect the military’s discipline, code of honour and the dignity of the uniform.

The executive will work with the next parliament to pass legislation needed for policing and provide support to police efforts for establishing a safe and peaceful environment for citizens, he told police officers yesterday.

President Yameen also expressed gratitude to police officers as well as their families for their “patient and hard work” in the face of political unrest during last year’s presidential election.

The president was greeted upon arrival at the police barracks by Commissioner of Police Hussain Waheed, Deputy Commissioner Ahmed Saudhy and “a large number of police,” whom he then joined for evening tea.

“During the president’s visit, he met police officers individually and spent a long time at Iskandhar Koshi. And he offered an opportunity for police officers with queries for him to pose questions and answered their questions,” police said.

In September 2013, the previous administration awarded 300 flats to police officers under a housing project to be carried out jointly by the government-owned Housing Development Corporation (HDC) and the Police Cooperative Society (POLCO).

Under the MVR580 million (US$37.6 million) ‘Blue’s Housing Project,’ 210 three-bedroom and 90 two-bedroom apartments were to be constructed in Hulhumale’.

In addition to the housing project, then-President Dr Mohamed Waheed awarded 50 flats to senior police and military officers.

The awarding of 300 flats to police officers was criticised by the opposition Maldivian Democratic Party (MDP) as a continuation of the patronage system established during the 30-year reign of former President Maumoon Abdul Gayoom.

“In the light of extensive exposes, such ‘patronage’ is familiar to voters from the single party dictatorship of Gayoom and I believe they will simply say to each other ‘I told you so’,” MDP MP and Spokesperson Hamid Abdul Ghafoor told Minivan News at the time.

Ghafoor said it was “very concerning” that police should be given flats exclusively instead of teachers, doctors and other civil servants. He also questioned the selection process for awarding flats.

While some of the officers may have deserved the housing, there was concern that some officers involved in the alleged “coup d’etat” on February 7 had been rewarded with flats, Ghafoor claimed.

Since the controversial transfer of presidential power that brought Dr Waheed to office in February 2012 – in the wake of a violent police mutiny instigated by officers of the Special Operations (SO) command – more than 1000 police officers were promoted, 110 new police officers were hired, arrangements were made for cheap accommodation in Sri Lanka for police officers and their families and a loan scheme was set up for police officers.

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Inmate suffers serious head injuries in Maafushi Jail fight

A Maafushi Jail inmate is currently undergoing surgery in Malé’s Indhira Gandhi Memorial Hospital (IGMH) following a fight at the jail.

Ibrahim Azar of Maafannu Dhodhilge was brought to Malé at around 9:00pm with serious head injuries. He was serving a five year drug abuse sentence. Eyewitnesses say he was unconscious at the time.

Speaking to local broadcaster Raajje TV, Azar’s mother said she had rushed to the hospital after she received reports that her son had been injured in a fight.

“They [police] told me there is no danger. It was just a fist-fight. He does have head injuries. He is talking with his hands. But I asked if he is not injured, why is he talking with his hands?” she said.

Following a CT scan, doctors later told her Azar had suffered several injuries to his skull and needed major surgery.

“My hands were shaking so a relative had to sign the consent forms for surgery,” she said.

Azar is currently serving his second year in jail. His mother said she has not spoken to him in over a month.

“I have not received the six minute phone call I should get from jail,” she said.

Speaking to local newspaper Sun Online, Azar’s brother said: “Even when he was taken out from the emergency room to the operation theater, he was bleeding heavily from his head. The bandage around his head was soaked in blood.”

The fight reportedly occurred between Azar and another inmate.

A Maldives Police Services team is currently at Maafushi Jail to investigate the case.

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Alifushi still without water as more islands request emergency water

Alifushi island in Raa atoll has still not received emergency water after the last batch was found unsuitable for drinking.

The council’s tests through the island health center indicated there were bacteria and dust in the water which is currently being tested by Environment Protection Agency (EPA).

Alifushi council President Abdul Latheef said that no water have been delivered to the island since the incident, and that people were depending on bottled mineral water bought from local shops.

While the National Disaster Management Center (NDMC) stated the island authorities had not requested more water, Alifushi council said that they should receive a replacement for the contaminated batch without having to ask.

Seasonal water shortage

Meanwhile, the NDMC has said that 34 islands have requested a total of 2,639 tonnes of emergency water following water shortages this year. Water  has now been delivered to sixteen of these islands.

Water shortages have become a seasonal issue, with 53 islands requesting water  between February 3 and April 25 last year, with similar numbers in previous years.

While no research have been done as to what causes the water shortage, it has been suggested that it is due to the contamination of ground water following the 2004 tsunami.

Traditionally, rainwater when collected is used for drinking as well as water from ground wells. Ground water was also used for cleaning, cooking, and other purposes. Every year during the dry period – particularly from February to April – a number of islands request emergency water.

Stating that the impact of the tsunami on the island was relatively small, Latheef blamed a lack of effective sewage system and having to dispose sewage effluent into ground for the water contamination.

“The population is not small here. For years we have been given the good news of a sewage system. Eight times, I remember,” he said.

Lateef said that just last week a research team from Maldives Water and Sewerage Company (MWSC) came to island.

“We have seen so many teams and research being done. But I have no hope that it could actually happen”.

Government response

According to NDMC, the water is bought from MWSC and is then collected from the nearest desalination plant and delivered to the islands by private companies on contract bases.

The councils then sign and approve the water before it is transferred to public water tanks.  The NDMC buys the water from special funds allocated by the Ministry of Finance, with no specific budget allocated for this purpose.

The Alifushi Council president said that the island has a desalination plant gifted to local NGO ‘Vadinge Ekuveri Jamiyyaa’ by the UNDP, though the plant was later handed over to the state-owned FENAKA utility corporation.

“If the council had that plant, we would be producing water right now. But FENAKA has not produced any water for the past two years,” Latheef said, adding that FENAKA produced and distributed forty litres of water daily for every household until they stopped.

When contacted by Minivan News, FENAKA explained that the only person authorised to talk to the media was the managing director who would require a written enquiry.

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Deputy PG slams Criminal Court over new regulations

The Criminal Court has usurped a Supreme Court power in issuing new regulations outlining procedures to be followed in submitting cases, Deputy Prosecutor General Hussein Shameem has said.

The Criminal Court today rejected 60 cases submitted by the Prosecutor General’s (PG) office, claiming cases did not fulfill criteria specified in regulations publicised on February 19.

However, Shameem said the Judicature Act only allows the Criminal Court to compile regulations administering internal affairs, and does not allow the court the authority to issue regulations governing external affairs.

It is the Judicial Council or the Supreme Court which has the power to issue such regulations, he said.

The Supreme Court abolished the Judicial Council in March 2011 claiming the council is unconstitutional and assumed its powers, including the power to compile regulations and policies on administration of the courts.

The Criminal Court’s regulations issued unilaterally also allows other courts to compile their own regulations, which may result in different procedures for each court and affects the right to equality guaranteed by the constitution, Shameem said.

“For example, the Criminal Court says cases involving serious crimes must be submitted within 45 days. What if the Maakurathu island court decides cases must be submitted in 15 or 60 days? This impacts the investigation process and means prosecutors must change procedures depending on which court they want to submit cases to,” he said.

The Criminal Court and PG’s office have been at odds over criminal proceedings following former PG Ahmed Muiz’s resignation in November.

The court suspended all ongoing cases and refused to accept new cases citing parliament’s failure to appoint a new PG within 30 days of Muizz’s resignation.

The Supreme Court, on Shameem’s request, ordered the Criminal Court to restart trials, but the court only began hearings in ongoing cases and refused to accept new cases.

The Supreme Court on February 18 released a new ruling ordering the court to continue with ongoing cases and accept new cases to ensure the criminal justice system continues.

Shameem said the Criminal Court’s new regulations had been applied retroactively.

“There are a 153 people in pre-trial detention. There are many others who are unable to find employment due to ongoing criminal cases. The Criminal Court’s actions are affecting a public service,” he said.

The PG office has a backlog of over 500 cases ready for prosecution, he added.

The Human Rights Commission of Maldives last week called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

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No legal grounds to question Speaker’s JSC membership: Majlis secretariat

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There are no legal grounds to question whether Speaker of Parliament Abdulla Shahid should remain in the Judicial Service Commission (JSC) whilst seeking re-election, the People’s Majlis secretariat said in a press release today.

The statement follows Majlis’ removal last week of its representative to the judicial oversight body, MP Ahmed Hamza, who is also seeking re-election.

In a letter informing the commission of Hamza’s removal last week, Speaker Shahid said the decision was made in reference to Article 10 of the JSC Act, which stipulates that a commission member will lose his seat if he stands in an election.

Both Shahid and Hamza are contesting in the upcoming parliamentary polls on opposition Maldivian Democratic Party (MDP) tickets.

The Majlis statement explained that Article 161(b) of the constitution “clearly shows” that a member appointed to the 10-member commission by virtue of his office (ex officio) would remain a member as long as he holds the post.

The article states that the speaker, the attorney general, and the chair of the civil service commission would remain “a member of the Judicial Service Commission only as long as that office is held.”

“Therefore, as the person in the post of speaker of the People’s Majlis is a member of the commission by virtue of office, there is no room to raise legal questions over whether he will remain a member of the Judicial Service Commission as long as he is in the [speaker’s post],” the press release stated in conclusion.

The statement was issued following media reports casting doubt on Shahid’s membership on the judicial watchdog.

Hamza meanwhile told Minivan News last week that the speaker and Majlis representative should be exempted from Article 10 “as it creates a legal vacuum.”

Prior to the speaker’s decision to remove him from the commission, JSC President and Supreme Court Justice Adam Mohamed Abdulla sent letters to both Hamza and President Abdulla Yameen claiming that the MPs’ position was vacant following his submission of candidacy papers to the Elections Commission.

Hamza responded by contending that Adam Mohamed’s attempt to remove him was intended to reduce the number of members who advocated for judicial reform and to block an investigation into Supreme Court Justice Ali Hameed’s sex tape scandal.

Sheikh Shuaib Abdul Rahman – the public’s representative on the JSC  – has also accused Justice Adam Mohamed of stalling the JSC’s investigation into the sex tapes.

Adam Mohamed had refused to schedule a vote on whether to suspend Hameed following his refusal to cooperate with the investigation, Hamza said.

“The JSC cannot be productive as long as Adam Mohamed remains the president,” he said. “I call on the public to pressure the JSC to table the motion to suspend Ali Hameed.”

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Four minors acquitted of terrorism charges

Four minors from the island of Thinadhoo in Gaaf Dhaalu atoll charged with terrorism over arson attacks on February 8, 2012 were acquitted by the Juvenile Court today.

The minors were accused of setting fire to the Thinadhoo police station during protests that erupted across the country in the wake of a brutal police crackdown on a Maldivian Democratic Party (MDP) march in the capital Malé.

MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinous elements of the security forces in collusion with the then-opposition.

A Juvenile Court official told local media today that the minors were found not guilty as the prosecution was unable to prove their culpability based on the testimony of witnesses at the trial.

Witnesses had testified that they saw the minors throwing rocks at the police station and helping to set fire to a police motorcycle. The verdict however noted that none of the witnesses saw any of the rocks hit either a police officer or the station.

Witnesses for the defence insisted that the minors did not participate in the arson attacks although they were present in the area at the time.

The Juvenile Court judge stated in the verdict that the prosecution’s witness testimonies established that the minors were guilty of obstructing the police. However, the judge noted, the court could not alter the charges pressed against the accused for sentencing.

Today’s verdict was delivered more than a year after the terrorism trial began with two recent hearings postponed or canceled.

On February 8, protesters in Thinadhoo – an MDP stronghold in the south – set fire to the island’s police station, magistrate court, atoll council office and all police vehicles.

Nine policemen were assaulted and subsequently treated at the Thinadhoo regional hospital. Police declared at the time that the island was unsafe for police personnel, claiming “MDP supporters have threatened to attack residences of policemen”.

Following its investigation into the nationwide unrest and violence on February 8, the police forwarded over 100 cases to the Prosecutor General’s (PG) office, requesting that 108 individuals be charged with terrorism.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

While more than 100 persons were charged with terrorism, most cases currently remain stalled at the Criminal Court.

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Sports Arena Project launched by President Yameen

President Abdulla Yameen yesterday inaugurated the Sports Arena Project which under which the government plans to construct 34 arenas for both outdoor and indoor sports throughout the atolls.

Launching the project – one of the government’s 100 day pledges –  Yameen said that a sports infrastructure suitable for the nation’s youth would be in place by the end of the year, with a further MVR300 million allocated for recreation projects in next year’s budget.

Half of the Maldives’ 330,652-strong population of the Maldives are below the age of 25, according to the 2013 yearbook published by the Department of National Planning.

During his presidential campaign, president Yameen pledged that all islands would receive a sports arena and that Hulhumalé would be developed as a youth entertainment city, including a National Aquatic Centre of olympic scale. Taxes on sports materials would be reduced from 25 to 5 percent promised the Progressive Party of Maldives candidate.

Local media reported Yameen as saying that arenas would not be built in islands with under 2,000 people, but that these islands would still receive facilities for popular sports within his term.

Minister of Sports and Youth Mohamed Maleeh Jamal announced that the project would now be sent to the tender board for bidding.

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