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.

Likes(0)Dislikes(0)

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.

Likes(3)Dislikes(0)

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.

Likes(0)Dislikes(0)

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

Read this article in Dhivehi

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.”

Likes(0)Dislikes(0)

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.

Likes(1)Dislikes(0)

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.

Likes(0)Dislikes(0)

Jailed MP Jabir denied fair trial, says legal team

Read this article in Dhivehi

The trial and sentencing of Maldivian Democratic Party (MDP) MP Abdulla Jabir “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives,” the MP’s legal representatives have stated.

The Kaashidhoo constituency MP was last week sentenced to twelve months imprisonment after being found guilty of failing to provide a urine sample when arrested as a suspect in a drug related case on November 16, 2012. He is currently in Maafushi jail.

“The number of procedural violations in the whole criminal justice process in regard to this case is highly concerning and we believe that Hon. Abdullah Jabir was denied the fundamental rights that constitutes a free and fair hearing guaranteed to him by Article 42 of the Constitution,” read a press release from Aequitas Legal Consultants.

Additionally, Hassan Latheef – a member of Jabir’s legal team – has told Minivan News today that the court has failed to provide mandatory documents summarising the case, necessary for a High Court appeal.

“At this moment, we’re concerned that he can’t appeal. We were unable to submit the report to the High Court, but today we have sent a letter saying that the court is still refusing,” said Latheef.

He noted that a previous High Court judgement stipulated that the appeals registration process could still proceed as soon as the case was filed – Latheef revealed that the case had been submitted yesterday.

When contacted for a response, Criminal Court officials were unwilling to provide further information on Jabir’s case.

Latheef’s legal firm suggested that Criminal Court Judge Muhuthaz Muhusin had failed to consider procedural issues raised by Jabir’s defence, thereby failing to observe the principles of natural justice.

The statement also suggested that the Jabir’s constitutional rights to adequate time and facilities for his defence – also guaranteed under the International Covenant on Civil and Political Rights (ICCPR) – were not met.

Jabir’s legal representatives noted that the police’s mistreatment of the MP at the time of arrest had been confirmed by the Police Integrity Commission but had not been taken into account by the judge.

After investigating the case – which involved medical records showing injuries sustained by Jabir as well as a video of one officer kicking the MP in the head – the PIC said it could not forward the case to the Prosecutor General as the identity of the officer could not be determined.

During the trial, Jabir had claimed testimony given against him by arresting officers was inadmissible, alleging that the officers in question had been responsible for his mistreatment.

“Based on the serious factual and procedural violations in the trial and sentencing of MP Hon. Abdullah Jabir, who is not only an individual but a representative of five thousand Maldivians at the Parliament, it is regrettable that the Judicial process that we are to respect and obey has shown such a blatant disregard for the principles of justice and the rule of law,” concluded the statement.

A total of 10 people were taken into police custody on November 16, 2012, after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Jabir was set to re-contest his Kaashidhoo constituency seat in next month’s Majlis elections. Fellow MDP MP and MDP International Spokesman Hamid Abdul Ghafoor – also detained and charged with failure to produce a urine test during the same incident -told Minivan News today that Jabir was currently being held in custody.

Asked whether Jabir’s sentence would affect his ability to stand, Hamid said that he believed the law made it clear that an MP could not be disqualified from the Majlis unless they were serving more than twelve months.

“The law is silent on whether he can campaign or not,” added Hamid.

Likes(0)Dislikes(0)

PPM pledges disciplinary action against members contesting Majlis elections as independents

The ruling Progressive Party of the Maldives (PPM) has pledged to take disciplinary action against party members who are contesting the March parliamentary election as independents.

In a statement issued yesterday, the PPM said independent candidates were “illegally” using the party’s logo in their campaigns.

The party has publicised a list of coalition approved candidates on the party website.

Meanwhile, former President Maumoon Abdul Gayoom asked independents who are contesting Majlis elections to withdraw their names and support coalition candidates instead last night.

“A PPM member or any other party member must not run against a coalition candidate. If you do so, it will be very sad for us. That is because it will divide votes of those who hold the same ideology. If votes are divided, we will lose the seat,” he said.

Likes(0)Dislikes(0)

Maamigili integrated water supply scheme launched

A project to bring an integrated water supply system to the island of Maamigili, Alif Dhaal atoll, was launched yesterday.

The project will provide desalinated water through reverse osmosis, and will also incorporate storage tanks for rainwater collection and connections to residents’ homes.

The foundation stone was laid yesterday by Minister of Environment and Energy Thoriq Ibrahim and local MP and businessman Gasim Ibrahim.

The Ministry of Environment has revealed that the project will cost around MVR50 million and should be completed by the end of the year. The scheme will be implemented by the Malé Water and Sewerage Company.

Following the introduction of a pioneering desalination project in Kaafu atoll last week, Minister of State for Environment and Energy Abdul Matheen Mohamed told Minivan News that the government was emphasising integrated systems in order to make the best use of the resources currently available on the islands.

In January, the Abu Dhabi Fund for Development chose the Maldives from amongst 80 applicants to receive concessionary loans worth US$6 million (MVR92 million) for a clean energy project which could produce up to 62 million litres of desalinated water per year.

Scarce fresh water supplies have become a growing problem in the Maldives, particularly since the contamination of much of the country’s groundwater following the 2004 tsunami. While rainwater is collected and stored for drinking on the islands, seasonal dry periods often leave locals reliant on outside sources for consistent supply of fresh water.

Likes(0)Dislikes(0)