Tag: maldives news

Cabinet to discuss implementation of death penalty

The cabinet had not discussed implementing the death penalty before Home Minister Umar Naseer ordered the correctional services yesterday to enforce death sentences through lethal injection, President Abdulla Yameen has revealed.

Asked by reporters last night upon his return from a state visit to Sri Lanka if the home minister’s directive followed cabinet deliberations, President Yameen said the cabinet has not discussed capital punishment as his administration “has not faced this issue before.”

“This issue has not been discussed in our cabinet yet. However, as a rule, since the death penalty is already in the penal code, the home minister has issued his opinion,” he said.

“Broad discussions” on the subject will take place in cabinet next week, Yameen said.

“Our government will prioritise protecting the rights of innocent citizens. However, I have to say along with that, in such matters, even a convict who had a judgment passed upon him in the first stage has rights. He has stages of appeal to conclude,” he said.

The government would make a decision after the appeal process was exhausted and guilt has been established beyond doubt, he added.

“Before it comes to that, we have now decided to have discussions in cabinet. Even if I have my own thoughts [on the issue], decisions on such serious matters will be made after cabinet deliberations,” Yameen said.

The government’s highest priority was assuring a safe and peaceful environment for citizens, he stressed, adding that legal advice would be sought on enforcing the death penalty.

President Yameen had spoken in favour of introducing the death penalty during the campaign for last year’s presidential election.

“Murder has to be punished with murder,” Yameen had said.

While he was previously against the death penalty, candidate Yameen said he “had a change of heart” due to “murders becoming too commonplace”.

Home Minister Umar Naseer – who lost the Progressive Party of Maldives’ presidential primary against Yameen and was subsequently dismissed from the party – signed the order to the Maldives Correctional Services (MCS) in front of the press at a ceremony yesterday.

The MCS was ordered to implement the death penalty through the use of lethal injection and to set up the necessary equipment at the Maafushi prison.

The move comes after a death sentence was handed to Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP, Dr Afrasheem Ali, in October 2012.

Naseer told the press that the order was in line with provisions of draft legislation on implementing the death penalty prepared by the government for submission to parliament, adding that legal advice was sought from the attorney general.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said.

Since the execution of Hakim Didi in 1954 for the crime of practising black magic, there has been an unofficial moratorium on the death penalty with the president commuting death sentences to life imprisonment.

While 20 individuals currently face the death penalty, according to an official from the Home Ministry, all such cases have been appealed at the High Court and have yet to reach the Supreme Court.

In May 2013, the UN country team called for the abolition of the death penalty in the Maldives: “In view of the country’s more than 50-year moratorium, the United Nations call upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty.”

Earlier in 2013, calls for limiting the presidential power to grant clemency resulted in then-Attorney General Azima Shakoor asking the High Court for a ruling.

Azima drafted a bill in December 2012 outlining the implementation of the penalty through lethal injection.

The proposal was met with opposition from religious groups, including NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

In June 2013, MP Riyaz Rasheed submitted a bill asking for the death penalty to be implemented by hanging. The bill was rejected by 26 votes to 18, with no abstentions.

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Criminal Court fines man for eating during fasting hours of Ramadan

The Criminal Court has on Thursday fined a man MVR150 for eating during the fasting hours of Ramadan in 2011.

The local media identified the man as Subhee Ismail Mahir of Maafannu ward.

Online newspaper Sun reported that the Prosecutor General’s Office had charged Subhee for breaking the fast by drinking a Coca-Cola bottle standing near a shop named ‘Monalals’, without any valid reason to do so.

Sun reported the Criminal Court’s ruling as stating that this was the first time Subhee was found guilty of a crime of this type and that he is sentenced under article 88 of the penal code.

According to the paper the court ordered him to pay the fine in seven days.

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Two arrested for attempting to raid guest house using forged Police ID

Police have arrested two persons who attempted to search a guest house pretending to be intelligence officers using a forged police ID card.

According to police the pair – aged 23 and 24 -entered a room in a guest house on January 21 and started searching the place after showing a forged police ID card.

They were both arrested when police officers searched their bodies, discovering the forged police IDs.

The police’s Serious and Organized Crime department is investigating the case.

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PPM fined MVR5,000 over fraudulent membership form

The Progressive Party of Maldives (PPM) has been fined MVR5,000 (US$324) by the Elections Commission (EC) for submitting a fraudulent membership form last year.

According to the EC, the membership form was submitted on behalf of a dead person in violation of article eight of the Political Parties Act.

The PPM has been asked to pay the fine in 15 days.

In June 2013, the Anti-Corruption Commission discovered that two membership forms submitted by former President Dr Mohamed Waheed’s now-defunct Gaumee Ihthihaad Party “were signed by persons who had passed away prior to the forms being sent to the EC.”

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Former President Waheed’s son joins PPM

Former President Dr Mohamed Waheed’s son, Jeffrey Salim Waheed, signed for the Progressive Party of Maldives (PPM) yesterday.

Waheed presented his membership form to PPM leader, former President Maumoon Abdul Gayoom, during a ceremony at the party’s office.

He later tweeted that it was “an honour to join the only political party in the Maldives that stands for nation, unity and progress.”

The former president’s son is the Maldives’ Deputy Permanent Representative to the UN.

Former President Waheed meanwhile dissolved his Gaumee Ihthihaad Party in December and joined the PPM.

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MDP gears up for Majlis primaries

Primaries to select candidates of the opposition Maldivian Democratic Party (MDP) for the upcoming parliamentary elections are due to take place tomorrow in 133 islands across the country.

Some 176 candidates seeking the party ticket are contesting in 58 primary races.

According to the party, polls will open at 2.30pm and close at 8:00pm. Ballot boxes will be placed in the Dharubaaruge convention hall in Malé and MDP meeting halls (haruge) in other islands.

In addition to 10 ballot boxes for constituencies in the capital, 20 ballot boxes will be placed in Dharubaaruge for party members from the atolls residing in Male’.

As of September 15, 2013, the MDP had 43,277 registered members, making it the largest party in the country.

While the main opposition party is fielding candidates for all 85 parliamentary constituencies, 27 candidates have secured the MDP ticket without an election as they did not face a primary challenger. These include three constituencies in Malé and 24 in the atolls.

The party announced yesterday that the media will be allowed to monitor the voting process on Friday without prior registration. Reporters will be required to show press passes to observe voting.

Friday’s primaries feature high-profile MDP members facing off in competitive races, including Chairperson ‘Reeko’ Moosa Manik against former Human Resources Minister Hassan Latheef in the Hulhuhenveiru constituency, and MP Mariya Ahmed Didi against former Judicial Service Commission member and outspoken whistleblower, Aishath Velezinee, for the Machangoalhi North constituency.

Appearing on MDP-aligned private broadcaster Raajje TV last night, Ali Niyaz from the MDP’s elections committee appealed for cooperation from members to ensure peaceful and smooth conduct of the internal polls.

Niyaz urged members to refrain from negative campaigning as eventual candidates could be weakened ahead of the parliamentary elections scheduled for March 22.

“It is the party’s sincere request that there are no personal attacks against each other. Although some people say that expressing reasons not to vote for a rival candidate is anti-campaigning, the reasons should be explained. But we urge that it be done in a way that would not harm the party,” he said.

Niyaz also revealed that efforts were made to register members of other parties in the MDP to influence the primaries. The party’s membership committee has however resolved the issue, he added.

MP Sameer withdraws candidacy

Meanwhile, MDP MP for Haa Alif Dhidhoo, Ahmed Sameer, announced yesterday that he was withdrawing his candidacy ahead of Friday’s primaries.

In a letter (Dhivehi) informing the party of his decision – subsequently shared on his personal website – Sameer stated that he contested the primary with the hope that all party members in the Dhidhoo constituency would unite behind the primary winner.

However, as a result of “premeditated efforts to cause divisions among MDP members in Dhidhoo” and “anti-campaigning,” Sameer wrote that the party’s supporters in the island were “divided with extreme differences of opinion”.

“Campaigning for the candidate one supports in the spirit of the election is not a problem at all. But publicly declaring that [members] would not work with a candidate even if he wins the primary is not at all in line with internal election ethics because the most likely [outcome] is the party’s member failing to win the election,” Sameer wrote on his website.

Despite having “no doubts” that he would win the primary, Sameer said he did not believe there was any reason to compete under such circumstances.

He added that he did not have “any problems with President [Mohamed] Nasheed or the MDP.”

Sameer’s challengers in the Dhidhoo primary were Adam Naseer, former deputy controller of immigration and emigration, and Mohamed Hashim.

The Dhidhoo MP noted that he had never voted against the party line or three-line whip in a parliamentary vote.

Sameer also declared his intention to contest the parliamentary elections for the Dhidhoo constituency, though he did not reveal whether he would be running as an independent or on another party’s ticket.

A founding member of the government-aligned Jumhooree Party (JP) and a former Special Majlis MP, Sameer joined the MDP prior to the first multi-party parliamentary elections in May 2009.

Sameer previously served as deputy leader of the MDP’s parliamentary group and currently chairs the MDP-controlled independent institutions committee.

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Supreme Court suspends prominent lawyer pending investigation for contempt

The Supreme Court has today suspended former attorney general and high profile lawyer Husnu Suood from all courts, accusing him of violating lawyers regulation’s article 3.2[a][c].

Husnu Suood has shown the Supreme Court notice he has received to the media. It states that his comments regarding Supreme Court ruling number 42/SC-C/2013 constituted contempt of court.

The Supreme Court’s notice stated that it has asked the police to further investigate the case and that Suood is to be suspended from all the courts until this investigation is concluded.

Speaking to Minivan News today, Suood said that he believed this was related to the issue of Supreme Court Justice Ali Hameed’s sex scandal case.

Suood suggested that the Supreme Court had suspended him because he is in the committee investigating the judges alleged appearance on the tape.

‘’[Former Youth Minister] Hassan Latheef and Hisan Haseen were also both lawyers accused of the same thing, but the court gave them advice and did not take action against them, but I am suspended so it is not fair,’’ Suood said.

He noted that the Supreme Court ruling in question was the verdict that invalidated the first round results of presidential election first round.

“They [Supreme Court] told me that the suspension was regarding a tweet I posted on twitter which says that I believe that the Supreme Court’s ruling was in violation to the constitution,’’ he said.

“I deny that I was the one who tweeted it, but even if it was me I do not think that expressing one’s opinion is a crime.’’

He also said that there was nothing in the case for the police to investigate.

‘’Now there is nothing I can do about it I just have to wait for the police to finish the investigation. But what is there to investigate,’’ he asked.

Previously, the Supreme Court suspended Suood for alleged contempt of court.

On September 28, Suood said the dispute regarding the presidential elections had left the country’s ongoing democratic transition in “limbo”. The former AG had represented the Elections Commission (EC) in the election annulment case before being thrown out for ‘contempt of court’.

“I am of the view that all institutions have a duty to uphold the constitution,” he said at the time, in response to the EC’s efforts to conclude presidential polls within the legally mandated – article 111 of the constitution.

“According to the constitution, the Supreme Court’s word is final only in respect of the interpretation of provisions of constitution and law. Here, the Supreme Court had not given an interpretation on Article 111. However, Judicature Act says that all state institutions must abide by the rulings made by courts.”

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E-worker skills programme will allow women to work from home: CSC

The Civil Service Commission (CSC), the Ministry of Transport and Communication and the National Center for Information and Technology (NCIT) held discussions today on introducing a programme to allow civil servants to work from home.

Establishing mechanisms to allow women to work from home was one of President Abdulla Yameen Abdul Gayoom’s key campaign pledges.

The ‘E worker skills programme’ will familiarize civil servants with information and communication technology, CSC President Dr Mohamed Latheef said.

“Civil servants, from those at the lowest level to the highest levels, must be familiar with ICT [information and communication technology]. ICT is literacy of the work place,” Latheef said.

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JSC to evaluate performance of judges

The judicial oversight body, the Judicial Services Commission (JSC), is to evaluate performances of all judges at least every two years under a new regulation.

The Regulation on Evaluation of Judge’s Performance came into effect on January 1, and was made public on Tuesday.

“This regulation allows the JSC to take action against non-performing judges and also provides incentives for judges who perform well,” JSC member and opposition Maldivian Democratic Party (MDP) MP Ahmed Hamza said.

Under the regulation, the JSC is to appoint a five-member subcommittee to conduct performance appraisals of all judges. Judges will be evaluated on four criteria:  work performance, commitment to the judges’ code of conduct, attendance, and extent to which the judge’s verdicts are repealed in the appeal process.

If a judge gains between 85- 100 points, he or she will be given priority in promotions to a superior court.

However, if a judge receives below 50 points in two consecutive appraisal terms, the JSC will recommend the People’s Majlis to retire the judge or transfer the judge to another position in the judiciary.

Hamza said the regulation constituted an important step in holding judges accountable, but said the judiciary intervened regularly in the JSC’s attempts to discipline judges.

“Influential judges do not want the JSC to function. They use legal loopholes to undermine the JSC’s powers,” Hamza said, referring to the recent Supreme Court’s mandamus order halting the JSC’s decision to shuffle ten superior court judges.

Article 46 of the Judges Act allows the JSC to transfer judges between courts on the request of the Judicial Council.

However, the Supreme Court has annulled the Judicial Council and taken over the council’s powers, effectively limiting the JSC’s power to transfer or appoint any judges unless authorised by the Supreme Court.

Hamza said the People’s Majlis needed to amend judiciary related laws to limit judicial interference in the JSC.

The JSC’s record on disciplining judges has been mediocre. In 2012, a series of sex tapes which appear to show Supreme Court judge Ali Hameed fornicating with three different foreign women in a Colombo hotel room were leaked on social media.

The JSC set up an investigative subcommittee twice, but has failed to follow the subcommittee’s recommendations to suspend Hameed for failing to cooperate with the investigation.

In 2011, the JSC decided to take action against Criminal Court Chief Judge Abdulla Mohamed for politically biased comments in the media. Abdulla Mohamed, however, requested the Civil Court invalidate the JSC’s decision, claiming the media had taken his statement out of context.

The Civil Court issued an injunction in November 2011, ordering the JSC to halt disciplinary action until the court had reached a verdict in the case. The High Court upheld the Civil Court’s injunction in April 2012.

Abdulla Mohamed retains his position as Criminal Court Chief Judge. He was among the ten judges the JSC had decided to transfer before the Supreme Court’s order.

Abdulla Mohamed was a central figure in the downfall of former President Mohamed Nasheed, following the military’s detention of the judge after the government accusations of political bias, obstruction of police, stalling cases, links with organised crime.

The Home Minister at the time described the judge’s conduct as “taking the entire criminal justice system in his fist” in order to protect key figures of the former dictatorship from human rights and corruption cases.

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