Week in review: February 9 – 15

The Supreme Court’s running battle with the Elections Commission resurfaced this week, with a trial for contempt of court – including the dissolving of political parties – being sprung on commission members.

The Maldivian Democratic Party (MDP) slammed the case as an attempt at intimidation prior to the Majlis elections, with Mohamed Nasheed suggesting that an election boycott would do less harm to democracy than participating in a fraudulent poll.

As campaigning for the March elections began in earnest, the MDP criticised the current government’s development plans, while the ruling coalition questioned the opposition’s commitment to separated branches of government.

Estranged coalition member the Adhaalath Party, meanwhile, continued its plan to field candidates in direct competition with its supposed allies, much to the chagrin of Jumhooree Party leader Gasim Ibrahim.

As the government approached 100 days in charge, ambitious plans to double the current pension pot through “innovative” investments were announced, while plans to enhance the role of Islam in society took further shape.

Plans to increase Islamic education are likely to hindered slightly, however, after the Teacher Association revealed its plan for strike action should the government not heed requests for reform. Elsewhere, court employees refusing unpaid overtime were suspended.

The development of Kulhudhuffushi airport appeared a step closer this week, with environmental regulations altered in order to allow dredging of the island’s mangrove.

Local NGO Ecocare continues to view the project as unconstitutional and economically unviable.

The cabinet’s promised discussion on the implementation of the death penalty took place this week, with ministers urging President Abdulla Yameen to establish regulation for execution procedures.

The confession of the country’s most recent recipient of the sentence, Hussein Humam was used as key evidence in the continuing Criminal Court case against his alleged accomplice in the murder of Dr Afrasheem Ali.

The recent recipient of an 18 year sentence for drug trafficking, Ibrahim Shafaz ‘Shafa’ Abdul Razzaq, this week appealed his sentence from Sri Lanka after being allowed to leave the country on medical grounds last week.

Questions regarding the Criminal Court’s own actions were also asked this week as it continued to refuse new cases sent by the the Prosecutor General’s Office, despite requests from the Supreme Court. The new PG will now start the job with a backlog of over 500 cases.

Members of the Majlis national security committee were informed by the Asia Pacific Group of the country’s obligation to enact anti-laundering legislation, while the parliamentary privileges group summoned police to give information on the investigation into the Alhan Fahmy stabbing.

Former Police Integrity Commission Chair Shahindha Ismail this week accused both the Majlis and the police watchdog of “intentional negligence” in investigating the chaos that followed the controversial transfer of presidential power two years ago.

Rising numbers of tourists in Malé led the council to issue a suggestion to all local hoteliers that visitors be made aware of appropriate dress codes in inhabited areas.

The latest figures from the Maldives Monetary Authority revealed that tourist arrivals has risen by 17 percent in 2013, though this was not sufficient to prevent Air Asia X suspending its Maldives services.

Finally, the Maldives slipped further down RSF’s Press Freedom Index, dropping to 107th in the list. Elsewhere in the media, DhiTV and it’s sister station DhiFM Plus were asked to stop broadcasting upside down pictures of Elections Commissioner Fuwad Thowfeek.

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Over 1,500 complaints lodged over voters list

More than 1,500 complaints have been filed at the Elections Commission (EC) concerning the eligible voters registry for the upcoming parliamentary elections.

According to the EC, the Progressive Party of Maldives submitted 1,385 complaints while the opposition Maldivian Democratic Party made 66 complaints.

A further 120 complaints were lodged by individuals, the EC said.

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Civil Court judge reveals she was offered US$5 million bribe

Civil Court Judge Aisha Shujoon has revealed she was offered a bribe of US$5 million by a party to a case she was presiding over.

Appearing on state broadcaster Television Maldives’ (TVM) variety show ‘Heyyambo’ on Friday, Shujoon said that was the only time she was offered a bribe.

“I didn’t accept and raised my voice. So [the person] left,” she said.

Asked if she knew of cases where judges have accepted bribes, Shujoon said she was personally not aware of an instance.

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Backlog of cases at PG’s Office reaches over 500

The backlog of cases pending at the Prosecutor General’s (PG) Office has reached 533 as a result of the Criminal Court’s refusal to accept cases, Deputy PG Hussain Shameem has revealed.

Speaking at a joint press conference with the Maldives Police Service (MPS) on Thursday, Shameem said that the growing backlog included 196 cases of suspects in pre-trial detention.

Expressing concern with the stalled process, Shameem noted that the Supreme Court on February 6 ordered trial courts to proceed with cases submitted by the PG office.

“I couldn’t think of what else I could do apart from getting a [court] order from the highest stage [of appeal] in the country. I can’t grab their hand and force them to accept,” he said.

The PG’s office was filing cases at the Criminal Court every day despite the court’s refusal to accept them, Shameem said, adding that a case involving the stabbing of an MPs’ wife and child was submitted on Thursday.

“So what do they do now, it would not be fair to keep [suspects] in [remand detention] until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem told Minivan News previously.

An official from the Criminal Court meanwhile told local media last week that the Supreme Court order stated that lower courts must accept cases filed in accordance with regulations.

“The cases being submitted now in the absence of a prosecutor general are not in line with regulations,” he was quoted as saying by online news outlet CNM.

Shameem however told Minivan News that the court should specify the clause of the regulation it was accusing the PG office of violating.

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

Vacant PG post

Shortly before parliament was due to vote on a no-confidence motion against him, former PG Ahmed Muiz submitted his resignation in November last year.

A month later, the Criminal Court decided not to accept cases filed by the PG’s office as the post had been vacant for 30 days, noting that the constitution stipulates a PG must be appointed within that period.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the post, but parliament broke for recess at the end of the month after forwarding 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 a 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 hold the meeting was unsuccessful because MDP MPs opposed it.

New mechanism

Meanwhile, at Thursday’s press conference, Shameem said the PG’s office has been working with the MPS since November 25 to expedite the filing of cases at court.

In the past, Shameem explained, police forwarded cases upon completion of their investigation, after which the PG office either sends it back to clarify further information, rejects the case or files it at court.

The slow process prompted complaints from the public and posed challenges to securing convictions as trials often began months after the crime occurred and witnesses were unable to recall what they saw, Shameem said.

However, he added, investigations of serious crimes now proceed under the guidance of prosecutors.

Under the new system, police officers have been meeting with state prosecutors at the earliest stage of the investigation to discuss cases, Shameem said.

After mutual discussion, the PG’s office decides whether or not to prosecute based on the available evidence, Shameem explained.

Since the new mechanism was put in place, Shameem said police officers and prosecutors have held 195 meetings to discuss 164 cases, out of which the office decided to file 32 cases.

“Now we don’t send cases back to clarify further information. The 21 days it normally takes to make a decision regarding a case has been shortened to three or four days,” he said.

Following initial consultation with investigating officers, Shameem said the prosecuting attorney asks the police to clarify further information within a specified period.

“The police have been very good. They find the information within that period and get back to us. After clarifying all the information, we then decide whether to prosecute the case at court or not,” he said.

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More than 100k raised for expatriate music teacher

More than MVR100,000 (US$6,485) has been raised from a music concert organised to provide financial assistance to a long-serving Sri Lankan music teacher at Iskandhar school.

The funds were raised by Iskandhar school to finance the cancer treatment of Visaka Pahathkumbura, who taught music at the school for 30 years and retired last December.

Deputy Principal Ahmed Mausoom told newspaper Haveeru last week that a total of MVR121,000 was raised from other fund raising activities and the music show, which was organised jointly by the school and its Parent Teacher Association (PTA).

The school’s principal and deputy president of the PTA left for Sri Lanka on Thursday to hand over the funds to ‘Visaka Miss.’

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STO posts record profits for January

The State Trading Organisation (STO) has posted a record level of profits for the month of January.

STO Managing Director Adam Azim told the press on Thursday that the MVR46 million (US$3 million) earned last month was the highest monthly profit in the company’s history.

The record profit was the result of efforts to improve the financial situation of the company, Azim said, adding that STO did not raise prices “a single cent” from goods sold to the public.

Efforts were instead undertaken to make the company’s management more efficient and increase productivity, he said.

The company’s current aim was to improve cash flow and liquidity and focus on its traditional business instead of expanding to other sectors, he added.

As STO was owed almost a billion rufiyaa in unpaid bills from government-owned companies, Azim said the finance ministry has been making repayments in monthly instalments.

On ongoing projects, Azim said the company expected the residential hotel under construction in Hulhumalé to be completed by the end of the year while a project to install night lights at the Fuvahmulah airport would be finished soon.

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MDP will not respect separation of powers, says President Yameen

The Maldivian Democratic Party (MDP) did not respect separation of powers during its three years in government, President Abdulla Yameen has said, urging voters to consider the track record of former President Mohamed Nasheed’s administration before choosing parliamentary candidates.

Speaking at the Progressive Coalition’s parliamentary campaign launching rally on Thursday night, President Yameen strongly criticised the opposition party’s campaign slogan – “Vote for the scale [of justice] for separation of powers” – contending that an MDP-controlled parliament would exert undue influence on other state institutions.

“Our rival opposition party is saying that they are coming to the People’s Majlis to separate powers. No doubt separation of powers is important in modern democratic systems. Separation of powers is a basis we all believe. But let us consider how responsibly and the extent to which powers were separated during the three years of the MDP government,” he said.

“We have to learn from past experience and they have shown very well, in much detail, during their three years how they want to separate powers in the future.”

The state of affairs that prevailed in the country at the end of the MDP’s three years in government should not have been what it was if the party had ruled democratically, Yameen argued.

Yameen said he “could not believe” that national debt could rise from MVR5 billion (US$324 million) to over MVR30 billion (US$1,195 million) during a democratic government.

MDP in office

President Yameen claimed that the MDP government attempted to merge the three powers of state during its time in office.

Yameen referred to the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012, which he contended was prompted by “verdicts or punishments not being delivered the way the president wanted.”

Moreover, the arrest of two opposition MPs in June 2010 “showed the extent to which political space was offered” to members of the People’s Majlis, Yameen said.

Following the en masse resignation of Nasheed’s cabinet on June 29, police arrested then-MP Yameen and MP Gasim Ibrahim over allegations of bribery and treason. Both MPs were subsequently released by Judge Abdulla.

Yameen also referred to the delayed appointment of the Anti-Corruption Commission’s (ACC) President Hassan Luthfy, who was eventually sworn in 24 months after parliament approved him for the post.

After President Nasheed recalled Luthfy’s name and proposed a substitute nominee in late 2009, parliament rejected the substitute and approved Luthfy to the commission.

The President’s Office delayed swearing-in the new commissioner as it sought a Supreme Court ruling. Yameen alleged that the appointment was held up to prevent the ACC from functioning.

MDP MPs have not shown “even a small example of separating powers,” Yameen continued, accusing opposition MPs of obstructing the government and blocking development projects.

“Dark clouds” on horizon, warns vice president

Yameen also accused the opposition party of refusing to cooperate with the government on confirming the appointment of a new prosecutor general.

“So I have to say that it might be that they are obstructing [the appointment] because there are cases involving [opposition MPs]. This is why I am saying they are not trying to separate powers. What we are seeing is the merging of powers,” he said.

In his speech at the rally, Vice President Dr Mohamed Jameel Ahmed contended that MDP MPs contesting the upcoming parliamentary elections endorsed former President Nasheed’s alleged “inhumane activities” and “insults” to Islam and the Prophet Mohamed (pbuh).

Voting or campaigning for such MPs was “without a doubt aiding and abetting sin and strife,” he said.

Repeatedly urging voters to consider the MDP’s track record before voting on March 22, Dr Jameel called on the public to vote for coalition candidates to empower citizens, defend the constitution and protect Islam.

Reiterating a central theme from last year’s presidential campaign, Dr Jameel insisted that the MDP would pursue an agenda to eradicate Islam from the Maldives.

The vice president also said he could see “dark clouds gathering” on the horizon, warning of arson in the capital Malé and judges “tied with rope and dragged through the streets.”

Former President Maumoon Abdul Gayoom – figurehead and leader of the ruling Progressive Party of Maldives – meanwhile praised the candidates fielded by the PPM and its coalition partners Jumhooree Party and the Maldives Development Alliance.

Gayoom stressed that the Progressive Coalition must “work together” in the parliamentary campaign to secure a majority in the People’s Majlis, adding that government supporters contesting as independents would split the vote and benefit the MDP.

“Our three parties are working together as one party. We are working towards one objective. So there is no doubt that candidates contesting from our parties will have the full support of the other two parties,” said Gayoom.

“That is why I am saying that the foundation of the efforts we are commencing is working together, helping one another, and cooperating with each other.”

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Kulhudhuffushi airport unconstitutional and unfeasible, says Ecocare

Environmental NGO Ecocare Maldives has called on the government to honor and uphold the constitution with regards to the sate’s mandate to protect and preserve natural environments and to ensure development activities are ecologically balanced sustainable.

In a statement issued yesterday, the organisation said the government’s decision to reclaim a mangrove area for the development of an “economically less viable” airport on Kulhudhuffushi Island – approximately 16.6km from the Hanimaadhoo International Airport – is “dishonoring” the constitution and that it is “neither environment friendly nor economically sound”.

Article 22 of the constitution – on protection of the environment – states that the government should take necessary measures to prevent pollution, the extinction of any species, and ecological degradation when pursuing economic and social goals.

Asking the authorities to reconsider the decision, Ecocare proposed a focus on the development of a speedy sea transportation or ferry network between the two islands instead.

Minister of Transport Ameen Ibrahim has earlier confirmed that the mangrove will fall into the dredging area for building the airport, though he was unsure whether it would be the whole mangrove or just part of it.

Government accountability

Speaking to Haveeru, Minister of State for Environment Hassan Shah has said that the ministry’s policy is to refrain from obstructing the government’s development projects.

He said that environmental regulations have been amended in a way that ensures the “environment will not become challenge for development” and that the Environment Protection Agency (EPA) will have the full authority to protect the environment.

Responding to the minister’s statement, Ecocare’s Maeed M. Zahir said that the gist of the regulation was to protect such areas and the new amendment is a way of lifting what the government sees as a barrier to development.

“As for EPA, it is a government institution, it is very unlikely for EPA to stop a project that is important for the government. There should be an independent institution, such as the HRCM or CSC, mandated with the protection of environment,” he said.

Noting that previous administrations had similarly failed to protect the environment in various development projects, Maeed said that through the current system the government cannot be held properly accountable for such activity.

Environmentally sensitive areas

Established in 2009, the EPA functions under the supervision of a governing board within the Ministry of Environment and Energy. The agency has published a list of protected areas and a separate list of ‘environmentally sensitive areas’. According to the EPA, the areas listed as sensitive are not yet protected, but the agency is working towards that end.

Kulhudhuffushi has been included in the sensitive areas list – especially the mangrove area. An uninhabited island included in the list, Shaviyani atoll Farukolhu, has also been chosen for the development of a domestic airport.

According to the EPA, Farukolhu also has a number of mangroves and is a breeding island for a number of birds. The island’s bay is also frequented by sharks and rays – particularly sting rays – who come to breed in the area.

All development projects have to be approved by the Ministry of Environment through an Environment Impact Assessment (EIA) which is reviewed by the EPA. While the Farukolhu project has already begun the EIA clearance process, Kuludhuffushi airport has not.

Director of EPA’s environment protection section Mohamed Mustafa said that the agency was very concerned about such issues: “Development projects should be shaped in an environment friendly way, selection of islands with such features should be avoided.”

Importance of wetlands

Environmental NGO Bluepeace said the organisation was closely monitoring the issue and will comment on it through the EPA’s assessment process.

“Wetlands are ecologically important, and they play an important role in climate change adaptation. And they protect the Islands against tidal surges just like the reefs. Here we are talking about the safety of the people living there, not protecting the island itself. This was observed during the 2004 tsunami,” said Bluepeace Executive Director Ali Rilwan.

Noting their economic benefits, Rilwan said that even today the mangrove in Kulhudhufushi was being used by locals to soak coconut husks in order to extract coir and for Kan’doo (bruguiera cylindrica).

He said that Bluepeace was currently in the process of studying wetlands, starting with four northern islands, as more information is needed for their protection.

“We still don’t know much about species that inhabit these places. They are all very different and have a rich biodiversity, there is still a lot to learn about them,” said Rilwan.

Kulhudhuffushi North constituency MP Abdul Ghafoor Moosa has previously cited a failure to promote the environmental case for preserving the wetlands, and a strong desire for economic development which has resulted in popular support for the new airport among locals.

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Juvenile Court postpones terrorism trial of minors

The Juvenile Court has postponed the sentencing of four minors charged with terrorism for their alleged involvement in the arson attack on Thinadhoo Court on February 8, 2012.

A verdict was due on February 6, but the court postponed sentencing to Thursday. However, the court local media a verdict will now be delivered on February 24.

A court official told newspaper ‘Haveeru’ that the sentencing had to be postponed because the four minors and their lawyers did not attend court today. The official had said that the court will take action against them.

Protests erupted across the country on February 8, after a brutal police crackdown on an opposition Maldivian Democratic Party (MDP) protest against the party was ousting from power the previous day.

Protestors on Gaaf Dhaalu Atoll Thinadhoo Island set fire to the police station, magistrate court, atoll council office, and all police vehicles. Nine policemen were attacked and subsequently treated at the Thinadhoo Regional Hospital. Police officials at the time declared the area unsafe for local policemen as “MDP supporters have threatened to attack the residences of policemen.”

The police initially requested the Prosecutor General (PG) to charge 108 persons in connection with the unrest.

The PG pressed terrorism charges against the minors under article 6 (b), with reference to article 2 (f,g) of the Terrorism Prevention Act. Article 6 (b) states that any person found guilty of the act of terrorism shall be sentenced between 10 and 15 years imprisonment or banishment.

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