Tag: maldives news

Human Rights Commission concerned over delay in PG appointment

Read this article in Dhivehi

The Human Rights Commission of the Maldives (HRCM) has called on the People’s Majlis to expedite the appointment of a Prosecutor General (PG) stating the delay violates citizens right to justice.

The commission has said the delay in appointing a PG affects a citizen’s right to seek justice, especially criminal justice, and has called on all three branches of the state to uphold the Constitution.

Former PG Ahmed Muizz resigned from his post in November shortly before the parliament was due to vote on a no-confidence motion against him.

A month later, the Criminal Court suspended all ongoing cases and decided not to accept cases filed by the PG’s Office, claiming that the constitution stipulates a new PG must be appointed within 30 days of vacancy.

The Supreme Court ordered the Criminal Court to restart trials, but the court has refused to accept new cases, only resuming those already started. Deputy PG Hussein Shameem then sought a second Supreme Court order, with the Criminal Court again refusing to cooperate.

The lower court has argued that the order stated that cases must be accepted as per regulations – which it suggests would be breached by beginning trials in the absence of a new PG.

Shameem has responded to the court’s claims by pointing out that it had failed to specify which regulations the PG’s Office has violated.

“There is no such regulation. I have not seen a regulation that says so,” he told Minivan News.

He has argued that the Majlis’ delay in appointing a PG must not obstruct a citizen’s right to seek justice.

The backlog of cases pending at the PG office as a result of the Criminal Court’s refusal to accept cases has now reached 533, Shaheem has revealed – this figure includes 196 cases of suspects in pre-trial detention.

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.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party (MDP) to the government-aligned Jumhooree Party – told newspaper Haveeru shortly after the Supreme Court issued its order that the vetting process was stalled due to lack of cooperation from political parties.

While one committee meeting, scheduled to take place during the ongoing recess to interview the nominee, was canceled upon request by pro-government MPs, Sameer said a second attempt to meet was unsuccessful as MDP MPs had opposed it.

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JSC to investigate whether judge’s bribery claims breached code of ethics

The Judicial Services Commission’s legal section will investigate whether Judge Aisha Shujoon Mohamed’s bribery claims breached the judges code of ethics.

Speaking on Maldives Broadcasting Corporation’s (MBC) ‘Heyyambo’ show last Friday (February 14) Judge Shujoon said there was some truth to the belief judges accepted bribes in the Maldives, revealing that she had been offered a US$5 million bribe herself.

“Now we are starting the investigation,” said Judicial Services Commission (JSC) Spokesman Hassan Zaheen. “We can research and after that we will know.”

The JSC’s code of conduct states in article 4.6 that “If a judge is known to have been involved or is involved in such an activity, all action must be taken to put a stop to this.”

The code also mandates that judges “exhibit high standards of judicial conduct in order to reinforce public confidence in the judiciary and refrain from activities that jeopardize the dignity, eminence and integrity of the Judiciary.”

Spokesman Zaheen was unable to give further details as to which aspect of the code Shujoon’s comments are suspected to have breached.

Commitment to the code of conduct is one of five criteria to be used in assessing the performance of judges as part of new JSC regulations, introduced last month.

The Anti-Corruption Commission (ACC) has already announced its decision to investigate Shujoon’s claims, with President Hassan Luthfy noting that judges must inform the ACC of bribe attempts immediately.

“Concealing bribe attempts is an offense, even by the code of conduct for judges. It is an offense not to inform this commission,” Luthfy said.

Expanding on the issue of bribery last Friday, Shujoon told her interviewer that she could not say whether judges had or had not accepted bribes, but that it may happen given the salaries allocated to judges.

“It [bribes] can be very appealing if its sets you up for life, given our pay and the amount of work we have to do. So I cannot say there is no truth to that. That is because something like that happened to me,” said the judge.

Shujoon became one of the country’s first female judges in 2007, though she told MBC that she was considering retirement.

According to a study conducted by governance NGO Transparency Maldives in December, the judiciary is perceived to be among the most corrupt institutions in the country.

Approximately 55 percent of those surveyed believed the judiciary to be most corrupt, while 60 percent and 57 percent believed the parliament and political parties to be most corrupt, respectively.

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Police arrest three foreigners for illicit sexual activity

The Maldives Police Service (MPS) has arrested three Bangladeshi nationals in the capital Malé last night for engaging ‘illicit sexual activity’.

Two men aged 32 and 34 years, along with a woman of 29 years, were arrested at around 7:30pm after information had been given to Maafannu Police station.

Following the arrest, police found videos of the suspects involved in similar activity.

Police confirmed that sexual activity between foreigners out of wedlock is considered a crime in the Maldives, noting that any reports of unlawful activity will be investigated.

Under Article 173 of the ‘Regulation on the Conduct of Court Proceedings 2003’, a wide range of activities are listed under ‘illicit sexual acts’ without any specific definitions of what comprises an ‘illicit’ sexual act.

It is commonly understood that most sexual acts out of wedlock are considered to be in this category.

The penalty under the article for ‘common’ illicit sexual acts carried out privately is 1 -2 month house arrest , and for ‘serious’ illicit sexual acts carried out privately the sentence is 7 -10 months banishment for men and 7 -10 month house arrest for women.

Homosexual acts and those with a married person, however, result in heavier penalties.

Ways in which a private illicit sexual act can be considered ‘serious’ include the participation of more than two people, photographing of the act, or committing the act in the presence of another person.

Article 190 of the regulation states that, with the exception of flogging, non-muslim foreigners shall be treated the same as Maldivians, while the penal code also makes no exception for foreigners who commit crimes within the jurisdiction of Maldives.

The common practice in cases where foreigners are investigated for illicit sexual acts, however,  is usually deportation without prosecution.

With around one million tourists visiting the Maldives each year, there are no known cases where tourists have been prosecuted for private ‘illicit sexual acts’. Marriage certificates are not a requirement for visiting honeymooners, which surveys suggest comprise nearly a quarter of visitors to the country.

Police have recently looked into such acts allegedly carried out by Maldivians at a Sri Lanka nightclub, while last month President Abdulla Yameen returned the sexual offenses bill to parliament, citing the inclusion of ‘unislamic’ provisions.

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MDP will reform the judiciary, pledges Nasheed

The opposition Maldivian Democratic Party (MDP) is seeking a parliamentary majority to reform the judiciary, former President Mohamed Nasheed said last night.

Speaking at an event in Vilimalé to launch the campaign of MDP candidate Sheikh Hussain Rasheed Ahmed, Nasheed said the Supreme Court feared that the opposition party would secure a majority in the People’s Majlis.

“They have summoned the Elections Commission there and are intimidating [commission members] for one purpose. They know the extent to which Supreme Court judges and other judges are tied to various politicians. They do not want the judiciary to be reformed because they want to remain in their posts, enjoy their undue advantages and keep engaging in corrupt activities for eternity,” Nasheed said.

No other party apart from the MDP would even talk about judicial reform, he added.

“What we will do with a parliament majority is reform the judiciary, reform the Supreme Court, reform the Judicial Service Commission,” he continued.

“You have to believe that none of our political opponents could say that they will reform the judiciary. They like it the way it is. What judges are doing is good [for them], too.”

Other parties and politicians turn a blind eye to injustice and the shortcomings of the judiciary as it served their interests, Nasheed contended.

Fair administration of justice was essential for a just society, Nasheed continued, pledging to complete the MDP’s ‘journey to justice’ campaign to reform the judiciary.

“Our government was toppled because we began this journey. All the obstacles we are facing is because of this reason. Nonetheless, we will not back down and, God willing, we will succeed in this task,” he said.

The former president also called on Chief Justice Ahmed Faiz Hussain to stop the apex court’s alleged efforts to “intimidate” members of the EC.

Nasheed concluded by expressing his hope that the upcoming parliamentary elections scheduled for March 22 would be free, fair and transparent.

Contempt of court

Nasheed’s remarks followed the Supreme Court summoning EC members on Wednesday to a surprise trial on charges of contempt of court.

The apex court contended that the EC had criticised the judgment which annulled the first round of presidential election held in September 2013, and disobeyed a Supreme Court order by dissolving eight political parties earlier this month.

The commission members were summoned under new ‘Sumoto’ or ‘Suo motu’ regulations that allow the Supreme Court to initiate hearings and act as both plaintiff and judge in a trial.

In addition to initiating proceedings against EC members, the apex court has in the past ordered police to investigate MDP-aligned private broadcaster Raajje TV over a report the station aired comparing the Maldivian justice system to that of ancient Sodom, suspended lawyers for publicly criticising the judiciary, and sought criminal charges against MPs for allegedly defaming the court.

In late January, the Supreme Court suspended former Attorney General Husnu Suood pending a police investigation, claiming that his criticism of the court’s decisions constituted contempt of court.

Suood told Minivan News that he believed the suspension was related to the sex tape scandal of Supreme Court Justice Ali Hameed. Suood was a member of the committee investigating Hameed’s alleged appearance in the leaked tapes.

The former AG was also barred from the apex court last year while he was representing the EC.

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations (UN) Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, expressed concern over “the case of a lawyer who had been indefinitely suspended by the Supreme Court for allegedly criticising one of its judgements in public”.

“Such a suspension leaves no avenue for appeal and review and it represents a violation of the rights of the lawyer. The Special Rapporteur is also concerned about reports regarding threats of contempt of court used to muzzle the freedom of expression of lawyers,” the report stated.

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Government announces new housing program

The government has announced two housing schemes under a new “Gedhoruverikuruvun” housing program, application forms for which will be available from the ministry starting from March 2.

The Social Housing Scheme will provide housing for Male’ city citizens via flats. The second scheme will provide financial assistance through the Islamic Finance Facility for construction of houses in the islands.

After launching the scheme,  the Ministry of Housing and Infrastructure and the Housing Development Finance Corporation (HDFC) signed an MOU.

Minister of Housing Dr. Mohamed Muiz said construction of 1100 flats under the scheme will begin within two months. He did not give details on how the scheme is to be financed.

Muiz said the government will spend MVR 100 million on the finance scheme for the atolls.

Vice President Dr. Mohamed Jameel Ahmed said many believe that lack of housing is the root cause of all social issues and the pledge to provide housing is ‘one of the most important’ pledges of President Abdulla Yameen Abdul Gayoom’s government.

The government’s housing policy is sustainable and will minimize hardships, Jameel said.

Jameel criticized all former housing schemes saying they did not give priority to the poorest families and said that the current government will not discriminate on the basis of political ideology in providing housing.

The  ‘Gedhoruverikurun’ program was part of the ruling Progressive Party of Maldives (PPM) presidential manifesto, while launching the schemes was included in the government’s road-map for the first hundred days in power.

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Supreme Court uses Majlis testimony in EC contempt trial

Elections Commission (EC) testimony given during a People’s Majlis committee has been used in today’s Supreme Court trial to implicate the four commission members for contempt of court and disobedience to order.

The Supreme Court is prosecuting the EC under new ‘Sumoto’ or ‘Suo motu’ regulations that allow the apex court to initiate hearings and act as both plaintiff and judge in a trial.

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.

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

EC President Fuwad Thowfeek has denied the charges against the commission: “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 – these testimonies are privileged information.”

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.

The Supreme Court has accused the EC of contempt, claiming it had criticised the verdict which annulled the first round of presidential elections held in September 2013, as well as disobeying a Supreme Court order by dissolving eight political parties earlier this month.

Surprise Trial

The four members of the EC were summoned to an unannounced trial on Wednesday. After being given case documents just minutes before the trial began, the commission was granted an opportunity to respond today.

Case documents included newspaper articles and testimonies provided at the Majlis, but did not include any documents outlining specific charges. The charge sheet was handed to the commission only minutes before today’s trial began.

At today’s hearing, EC lawyer Hussein Siraj asked the Supreme Court to specify charges, arguing that the commission could only respond if the court clarified which statement made – at which location, time, and date – amounted to contempt of court.

Siraj also asked the court to specify which of the commission’s actions constituted a disobedience to which order.

Chief Justice Ahmed Faiz then asked Siraj to respond to the charges to the extent that he understood them.

After a short break, all four members returned to the court room and separately denied the charges.

At today’s hearing, judges accused the EC of administrative failures and irresponsibility. They said the EC does not have the authority to raise doubts regarding the court’s decisions or to complain over the practicality of the electoral guideline.

Judge Abdulla Saeed also questioned whether the EC was now a legal entity, claiming the constitution stipulated that the committee must hold five members instead of four. The fifth member of the commission – ‘Ogaru’ Ibrahim Waheed – resigned in October 2013, citing health complications.

Four of the five judges who presided over today’s hearing are the four judges who voted to annul the election in October and strip two MPs of their Majlis membership in November. Among these four is Ali Hameed who has been implicated in a series of sex tapes last year.

EC response

Denying charges, Fuwad said any response given to questions posed by MPs in the People’s Majlis is privileged information. The EC is constitutionally bound to answer such questions, he said.

Vice President Ahmed Fayaz said there were only two things Muslims cannot challenge – the Qur’an and Prophet Mohamed’s Sunnah. Fayaz said he had not disobeyed the Supreme Court’s decisions, but had spoken to the media regarding the implications or outcomes of the court’s verdicts.

Meanwhile, Ali Mohamed Manik said the commission must answer questions posed by the media in order to be accountable to the public and said he was ready to swear on Allah’s name that he had not disobeyed a Supreme Court order.

Member Mohamed Farooq said he had never spoken to the media at a press conference because he had seen many individuals being prosecuted for speaking the truth before

“There are people ready to sacrifice themselves for democracy and freedom. I am not one of them,” he said.

However, he said he was obliged to provide truthful testimony at the People’s Majlis and that such a testimony must be held within the four walls of the parliament.

Contempt of court

Judge Didi said that labelling the Supreme Court’s electoral guideline to be onerous or suggesting a Supreme Court verdict should not be obeyed amounted to contempt of court.

Didi said the Supreme Court had in its possession a letter sent by the EC to the Attorney General (AG) “complaining” of the difficulties in implementing the court’s guidelines, and asking for advice on whether to abide by them.

Judge Ali Hameed said the EC had no authority to seek a second opinion on a Supreme Court verdict.

Judge Abdulla Saeed said the Supreme Court’s verdict could not be questioned, as it is the last word on any issue.  He said the Supreme Court’s verdicts are similar to a law passed by the People’s Majlis and members of the public cannot disobey or complain about the law.

The letter to the AG questioned the Supreme Court’s mandate in issuing a guideline, Saeed said. The guideline was imposed to uphold the constitution and enhance the electoral process, he claimed.

Fuwad said the EC had asked the AG for advice with good intentions and maintained the commission had always abided by the Supreme Court’s decisions. He pointed out laws are subject to review and argued Supreme Court decisions can be revised.

Saeed also censured the EC’s criticism of the evidence used by the Supreme Court to annul the verdict. In response, Fuwad said there were “glaring irregularities” in the police forensic report used to invalidate the election.

Analysis of the report showed that voters listed as dead were in fact alive and voters listed as minors were in fact eligible. But Saeed said the Supreme Court had also relied on witness statements in issuing the verdict.

The UN has dismissed the police forensic report after conducting an expert review with UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco stating that the election was inclusive and met international standards.

Meanwhile, the Commonwealth Observer Group who monitored all rounds of the presidential election said the Supreme Court guideline “appeared to undermine the authority of the Election Commission, were inconsistent with or contrary to electoral law, and were at odds with the Constitution,”

Dissolution of political parties

The EC is also being charged with violating a January 9 Supreme Court order, which invalidated an EC order to smaller political parties requiring them to raise their membership to 10,000.

The EC had sent the letter as per Article 27 of the Political Party Act that states that it must give political parties a three-month deadline to increase party membership to 10,000.

The Supreme Court on January 9, however, ruled that the letter was invalid as the apex court had in September struck down Article 11 of the act, which states that a political party must have 10,000 members for registration. The Supreme Court then stated that the EC must consider minimum requirement for membership to be 3,000 members as per previous political party regulations.

The Supreme Court today said any article referring to 10,000 members was no longer functional with the invalidation of Article 11.

Judge Adam Mohamed repeatedly questioned the EC over whether any court order or verdict allowed them to dissolve any party with less than 3000 members.

EC members argued the Supreme Court had not expressly forbidden the dissolution of political parties with membership less than 3,000 in any verdict or order, arguing that the Political Party Act afforded the EC the authority to dissolve political parties.

Manik said the EC had not dissolved any party with membership higher than 3,000. Some parties among the eight dissolved did not even have 500 or 600 members, and had not submitted audit or annual reports and were a financial drain on the state’s resources, he said.

Manik also pointed out none of the annulled parties had complained over the commission’s decision.

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President and cabinet members on scoresheet at opening of football pitch

A team including cabinet members and President Abdulla Yameen last night beat a team of Maldives National Defence Force (MNDF) officials in a match held to inaugurate the opening of the Villimalé futsal pitch.

Chief of Defense Force Major General Ahmed Shiyam, and Managing Director of the State Trading Organisation Adam Azim officially handed over the pitch to the Minister of Youth and Sports Mohamed Maleeh Jamaal before the game began.

Local media reported the final score as being 7-6 to the president’s team, with Home Minister Umar Naseer being named man of the match.

Naseer, President Yameen, and Tourism Minister were all on the scoresheet. The attorney general sustained a suspected sprained ankle in the second half, being replaced by the fisheries minister.

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IMF delegation surprised by resilience of Maldivian economy

A delegation from the International Monetary Fund (IMF) expressed surprise at the “resilience” of the Maldivian economy in a meeting with MPs on the parliament’s public finance committee yesterday.

Dr Koshy Mathai, resident representative to Sri Lanka and Maldives, told MPs that the IMF was surprised that the economy has stayed afloat for years despite longstanding fiscal imbalances.

“For a long time we’ve been saying that reserves at the MMA [Maldives Monetary Authority] are very low and that the fiscal deficit is quite difficult and we expect the economy to run into some problems. But somehow the economy has shown resilience, a lot of resilience, and we’ve been surprised – happily surprised but surprised nonetheless,” he said.

The IMF was interested in “carefully studying” how the domestic economy has remained resilient in the face of soaring public debt and persisting budget deficits, Mathai said.

“Imports are on the shelf. If you go into a shop, you’ll find a wide range of imported goods there. You see people with motor scooters and cars and smartphones. You see people going on travel. All these are available, are done, even while the level of reserves at the MMA is quite low,” he observed.

In attendance at yesterday’s meeting were the committee’s chair, MP Abdulla Jabir, and MPs Abdul Ghafoor Moosa and Mohamed ‘Colonel’ Nasheed.

As the IMF delegation currently in the Maldives was on “fact-finding” or “exploratory mode” ahead of the organisation’s article IV consultation later this year, Mathai told the MPs that the team did not have “comprehensive policy recommendations” to share.

Fiscal consolidation

“One area where we have more clear ideas is an area where we’ve had discussions in the past, and that’s the need for fiscal consolidation,” Mathai continued.

Noting that “fiscal problems have been at the root of so many crises” in countries large and small, Mathai said that the the Maldives had “a government budget envelop that is very difficult to finance.”

“The deficit is quite large. Financing is difficult to find. Banks are not that willing to subscribe to treasury bills. We see treasury bill yields rising quite sharply. MMA external financing is difficult to mobilise as you all know. We’re left then with MMA printing money in order to finance expenditures,” he explained.

A second option was “running up arrears, unpaid bills to domestic suppliers,” he added.

Both methods posed serious challenges, Mathai continued, as the government’s failure to pay its bills “creates ripples effects throughout the entire economy.”

Moreover, printing money to finance deficit spending “puts a lot of pressure on prices” and central bank reserves, he said.

“Because in a small country like the Maldives, when the MMA prints money, that is an injection of purchasing power into the economy, it means more people can import things,” Mathai said.

Printing money therefore “creates increased demand for dollars, increased imports, pressure on reserves,” he noted.

“As I said, the system seems to work. The parallel market somehow is letting the economy work,” he observed.

Solutions

As new sources of financing the budget were not available in the short-term, Mathai suggested targeting subsidies to the poor and increasing tourism taxes.

“The electricity subsidy is one that goes to even the richest strata of society. Basic food subsidies are being enjoyed now by the resorts, and never mind the resorts, are being enjoyed by wealthy foreign visitors who stay at the resorts. That to us seems like a totally unnecessary policy,” he said.

He added that “substantial savings” could be made from the budget by targeting subsidies to those most in need of assistance.

Mathai also argued that the rates of taxation in the tourism sector were “quite low” compared to other tourist destinations.

Mathai said he paid “north of 20 percent” in taxes at a hotel in Fiji while the Tourism Goods and Services Tax (T-GST) in the Maldives was only recently raised to 12 percent.

It would not be “a tax on business” that would slow down the economy, Mathai added.

“Rather it is saying people are coming and enjoying all that the Maldives has to offer, so let them pay something for it,” he said.

As 70 to 80 percent of the Maldivian economy was “driven by tourism,” Mathai said that it was “only natural that the [tourism industry is] contributing resources for the economy to operate.”

He added that “rates of return on Maldivian resorts are among the highest in the world” with profitable payback periods.

However, compared to other tourism-dependent economies, Mathai said that government expenditure in the Maldives was comparatively “very high” due to the geographic dispersion of the population and the large public sector wage bill.

In the medium-term, Mathai recommended taking measures to reform the civil service, improve delivery of public services and increase efficiency by economising.

“Ultimately we need to do a structural adjustment to the budget so that it’s more sustainable,” he concluded.

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EPA advises Majlis campaigners not to litter

The Environmental Protection Agency (EPA) has advised all political parties from littering the streets as campaigning for March’s Majlis elections continues.

Assistant Director of EPA Ahmed Murthala told Sun Online that several complaints had been received, adding that the EPA could not currently monitor violations due to staff shortages. The EPA is discussing ways to tackle breaches with the police, Sun was told.

The streets of the capital Malé were frequently strewn with campaign material during last year’s presidential election.

Last week, the city council revealed plans to introduce 200 dustbins as part of new regulations on waste management.

The waste management regulation came into force on February 5 and imposes an MVR100 (US$6.5) for littering and a fine between MVR10,000 (US$ 648.5) – MVR100,000 (US$6,485) if any authority in charge of public spaces fails to place public dustbins.

The regulations also mandate boat owners to place dustbins on sea vessels and imposes a fine between MVR100 million (US$6.5 million) and MVR500 million (US$32.4 million) on boats that dump waste into the ocean.

Murthala told Sun, however, that certain parts of the regulations – including the transportation of exposed waste on bicycles – will be postponed for two months.

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