Gang attempted to take revenge for recent murder: Home Minister

Home Minister Umar Naseer has today told the press that the gang of the recent murder victim, who was killed on December 24, attempted to murder someone from the rival gang by using an inmate who was convicted for 25 years.

According to Umar Naseer, the inmate pretended to be sick the following day of the murder incident to come to Male’ and planned to escape from the hospital and murder a member of the rival gang.

Umar stated that the inmate was brought Male’ according to the procedures of Department of Penitentiary and Rehabilitation Services [DPRS].

When he was brought to the hospital in Male’ there were members of his gang in the area to help him escape the hospital, however, police intelligence received information about this and police officers were in the area spying on them, Umar told the press.

Umar said that when the gang members attempted to take the prisoner away police Serious and Organized Crime [SO] officers went to the area and obstructed their plan.

Umar added that five persons were arrested from the scene.

Furthermore, Umar Naseer said that gang wars occur due to drug related issues and it can’t be stopped at once.

He assured that he will do all he can to stop gang crimes.

On December 24, Hussein Waheed, 21 of Mahchangolhi Aisha was stabbed to death while he was near ‘Coffee Corner’ café in Mahchangolhi, Male’.

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Penal Code returned to drafting committee

Parliament has sent the Penal Code back to the special committee tasked with revising it with a majority of 61 votes. While three members voted against re-sending it to committee, two abstained from the vote.

The final draft submitted to the parliament floor was rejected by 36 votes out of the 72 members present in Sunday’s session, after which a vote was taken whether to send it back to committee for review.

Members from the government coalition parties voted against the bill, with Progressive Party of Maldives (PPM) MP Ahmed Mahloof confirming to Minivan News today that a coalition whip-line was issued for the matter.

The Penal Code was submitted to the floor after seven years of review in the committee, having been initially submitted in 2006.

Maldivian Democratic Party (MDP) MP Ahmed Hamza – Chair of the Penal Code review committee – stated that the reason for the long duration of review is primarily due to the long periods required for reviewing and commenting by state institutions including the Attorney General’s Office and the Ministry of Islamic Affairs.

The bill, if ratified, will replace the 52 year old penal law which is currently in effect.

The Penal Code and religion

Much of the arguments presented against the Penal Code revolved around the concepts of religion and Sharia law not being “sufficiently reflected” in the final draft.

Jumhooree Party (JP) MP Ibrahim Muhthalib stated that “no human being has the right to rephrase divine laws in Islamic Sharia into separate articles in a law” and that he would abstain from voting on the matter as some scholars believe that participation in such an act may be blasphemous.

Maldives Development Alliance (MDA) MP Ahmed Amir echoed Muhthalib’s concerns and added that penalties on crimes which have a hadd [fixed punishments specifically mentioned in the Quran] sentences in Sharia Law are what most people have found concerning about the bill.

MP Ibrahim Riza who voted to send the bill back to the review committee said that the bill included some penalties which contradicted Sharia law mandates.

Religious conservative Adhaalath Party Sheikh Ilyas Hussain has also previously in March criticized the bill in sermons saying it will “destroy Islam”, prompting a parliamentary inquiry.

“If it is passed, there is no doubt that there will be no religion in this Muslim society that claims to be 100 percent Muslim. There will be no Islamic punishments. Refusing to incorporate even a single hadd is destroying Islam,” he had said then.

However, presenting the bill to parliament today, Hamza stated that in light of academic and technical expertise of the committee members, irreligious effects in the penal code have been brought to a minimal level.

“We are aware that various scholars from around the globe have commented on this work by Professor Paul Robinson,” Hamza said, referring to the legal expert from University of Pennysylvania Law School, under whose leadership the first draft of the Penal Code had been prepared on the request of then Attorney General Hassan Saeed in January 2006.

“Keeping this in mind, we took care to use our academic and technical capacity to minimalize any irreligious effects that might have been in this bill’s initial draft. Man-made laws are always less perfect than divine laws,” he stated.

The other main reservation put forth by members is the short period of time given to review the bill and submit amendments in.

The committee opened up the draft for amendments from December 24 to 26. On Saturday, December 28, the committee announced that no amendments had been submitted within the given timeframe.

Dhivehi Rayyithunge Party (DRP) MP Abdulla Mausoom, JP MP Shifaq Mufeed, PPM MP Ahmed Nihan voiced concerns about the short period of time given for review when speaking to Minivan News today.

Mausoom said that besides the time limitation, he also noticed double penalties for the same offence in the bill, and that is why he voted to return the bill to parliament.

“The penal code is as thick as a generic A4 ream of papers. It is unrealistic to ask us to read and comment on it in such a short time. What we have now is a penal code that has existed for very many years. When we pass a new one, I do not wish it to be one that calls for amendments to be submitted every other day. We are not of the mindset that we want to reject it, but we want enough time to review it in light of the Maldivian people’s way of life, Islamic Sharia and existing laws,” Shifaaq stated.

Meanwhile Nihan described the bill as “a rushed job done to bring an end to years of it being pending in committee”.

“There isn’t a single member in the committee who has actually read this bill. How can anyone spend time on it when there are so many other important bills that also call for our attention, as well as the annual budget? It has to come with enough time allowance for us to submit amendments,” he stated.

Bill review

The review committee’s Chair Hamza maintains that the government was given sufficient time and opportunity to submit all and any desired amendments to the bill.

“Voting records show that it was members of the government coalition who rejected this bill. We provided sufficient time allowances for them to submit amendments. We have even included 12 of the amendments submitted by the Attorney General,” Hamza explained.

“In fact, we worked at length both with former Attorney General Azima Shakoor and current successor Mohamed Anil. We also gave opportunities for political parties to submit amendments, where even PPM sent in submissions. I do not understand why it was rejected after all of this. I am astounded. I sincerely hope the government will explain its reasons for rejecting the bill in the form of an official statement,” he continued.

“I do not see how it will be possible to ever pass the new Penal Code if it is to be left as everyone’s lowest priority. Members need to make time and work to pass this bill at the earliest. I have now scheduled a meeting of the committee for tomorrow. I personally hope to review this, open it up for amendments, incorporate what we will from those and have it resubmitted to the parliament floor by early March next year,” Hamza said.

Responding to members’ criticisms, Hamza pointed out that members had not asked for additional time for reviewing the bill during today’s parliament session, and had instead voted to return it to committee.

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Majlis passes record MVR 17.95 billion budget

The People’s Majlis has passed a record MVR 17.95 billion (US$ 1.16 billion) budget today.

Out of the 72 MPs present, 55 voted for the budget, two voted against and 11 abstained.

The budget deficit now stands at MVR1.3 billion (US$84.3 million). Recurrent expenditure accounts for over 70 percent of the budget.

President Abdulla Yameen Abdul Gayoom had initially proposed a MVR 17.5 billion (US$ 1.1 billion), but the People’s Majlis Budget Committee brought a number of amendments, first increasing the budget to MVR 18.3 billion (US$ 1.19 billion) and later reducing it to MVR 17.8 billion.

However, during Wednesday’s budget debate, opposition Maldivian Democratic Party (MDP) MPs complained about lack of development funds for their constituencies. The committee met that night and increased the Public Sector Investment Program’s budget to MVR 260.5 million (US$ 16.9 million).

The Budget Committee had also added MVR 171.1 million (US$ 11 million) to the budget of the state’s independent institutions.

At today’s sitting, 27 budget recommendations were passed. These include a proposal by Jumhooree Party (JP) leader Gasim Ibrahim to reallocate MVR 122.5 million (US$ 7.9 million) from the Finance Ministry’s contingency budget to the independent state institutions.

MDP MP Ahmed Sameer’s proposal to reallocate MVR 7.1 million (US$ 460,440) from the Finance Ministry’s contingency budget to the health sector also passed.

According to the budget report, 44 percent is allocated for social development, 21 percent for public services, 15 percent for loan repayments and 9 percent for economic development.

The central bank Maldives Monetary Authority (MMA) and opposition MPs have expressed concern over tenuous revenue raising measures in the budget.

These include hiking Tourism GST from 8 percent to 12 percent, revising import duties, continuing tourism bed tax for one more year, raising airport departure charge for foreign passengers from US$ 18 to US$25, leasing 12 islands for resort development, introducing GST for telecommunication services and obtaining resort lease payments as a lump sum.

Several of these proposals require revising existing legislation.

Meanwhile, the World Bank has warned the Maldives’ economy is at risk due to excessive state expenditure and methods used to finance the deficit.

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32 year-old man found dead in Hulhumale’

Police have said that this morning the dead body of a 32 year-old man was discovered inside an apartment in Hulhumale’.

The police identified the individual as Ibrahim Abubakuru from Makudhoo Island in Haa Dhaalu Atoll.

Police said that they received information about the case this morning at about 6 30 am, and declined to reveal further details on the case as it is currently under investigation.

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Two arrested with 112 bottles and six cases of alcohol

Police have arrested two individuals with 112 bottles and six cases of alcohol.

The police said that a special operation was conducted Friday night to apprehend the two individuals, but have defined to reveal their identity. One is a Sri Lankan national and the other is a Maldivian, the police have said.

Police said that during the special operation police raided a ‘Lodge’ house in Maafannu where the 112 bottles and six cases were found.

The police later searched another warehouse belonging to the two persons and found more alcohol there as well.

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Judges not informed of impending shuffle

The Judicial Services Commission’s (JSC) Secretary General Abu Bakuru Mohamed has said the commission has not informed ten superior court judges about their impending transfer on January 1, according to local media.

The JSC decided to shuffle the judges in December “in a bid to strengthen the judiciary.” However, Chief Justice Ahmed Faiz objected to the decision claiming the commission does not have the authority to shuffle judges.

Although only two days remain for the shuffle to take effect, JSC SG Mohamed has failed to inform judges or explain reasons for the delay, local media have said.

Meanwhile, JSC Members Shuaib Abdul Rahman and MP Ahmed Hamza have confirmed to Minivan News the JSC will stands by its decision to shuffle judges and has called on the SG to facilitate its implementation.

“Informing the judges is an administrative work and the responsibility of the Secretary General. I believe he will abide by the commission’s decision and notify judges prior to their date of transfer. The transferred judges must report to work at the courts where they have been transferred to starting from January 1,” Hamza stated.

The JSC has so far transferred ten Superior Court judges to other courts of the same legal calibre, including the transfer of controversial Criminal Court Chief Judge Abdulla Mohamed to the same position at the Drug Court.

JSC Senior Legal and Complaints Officer Hassan Faheem Ibrahim also said that notifying judges is the responsibility of the SG, and so he is unable to comment on the matter.

Controversy around transfer of judges

Chief Justice Ahmed Faiz Hussain termed the JSC’s decision “unlawful.” He sent a letter to the president of the judicial watchdog Supreme Court Judge Adam Mohamed stating that the commission did not have the legal authority to carry out such transfers without deliberation with the Judicial Council – a council compiled of the seven judges of the Supreme Court.

Judge Adam Mohamed himself is reported to have expressed disapproval with the decision of the remaining commission members to transfer judges and to have walked out of the commission meeting.

The commission, however, decided with majority votes to go ahead with the transfers, stating that the Chief Justice’s objection lacked any legal grounds.

“Even under the constitution and the JSC Act, the commission is vested with the power to transfer the judges as we have,” member Hamza said at the time.

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JP and PPM dismiss claim of rifts in coalition

The deputy leaders of ruling Progressive Party of the Maldives (PPM) and coalition partner Jumhooree Party (JP) have dismissed claims of rifts in the governing coalition.

JP Leader Gasim Ibrahim had previously expressed dissatisfaction by the PPM’s failure to consult coalition partners in compiling the budget. Gasim’s backing was crucial in securing the presidency for President Abdulla Yameen Abdul Gayoom.

Speaking on Sunday’s parliament sitting, the PPM’s Deputy Leader Abdul Raheem Abdulla stated that there are no disagreements within the coalition, claiming that the two parties worked “unitedly and amicably”.

“The fact that we won this year’s presidential election through this coalition is proof of the fact that people will not believe rumours you spread. It is useless efforts on the part of MDP to try to break up this coalition. God willing, we will reach the end of our five year term having fulfilled the pledges we made to Maldivian citizens,” he said, accusing the opposition Maldivian Democratic Party (MDP) of attempting to create discord within the coalition.

JP Deputy Leader Ilham Ahmed echoed party leader Gasim’s claims that PPM had failed to hold any discussions with the party regarding the state budget. However, he, too, confirmed no major disagreements existed between the two parties in the ruling coalition.

“We will do what is required of us to protect the current government. There are no issues between Jumhoori Party and PPM,” Ilham said, adding that the two parties will be working together in the upcoming local council and parliamentary elections.

Verbal attacks

Meanwhile, President Abdulla Yameen has previously expressed disapproval with coalition partner JP for submitting amendments to the budget proposed by the government, saying that coalition partners must let the main party in the alliance decide on the allocation of funds for various projects.

He said then that coalition members must not view the alliance as an opportunity to guarantee themselves what they want from within the government, nor should it be seen as a chance to bring out whatever number of candidates they wish to compete in an election.

“If at the initial stages, coalition partners themselves are to stand up and criticize every issue that arises about our proposal, I really do not see how I will be able to fulfill the people’s needs,” he said, adding that the government will not bear responsibility for unfulfilled pledges if any changes are brought to the budget.

In response, Gasim said: “I am both a coalition member and the Chair of the parliamentary committee tasked with budget review. And yet, we have had no suggestions or discussion from the government.”

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MP Hamid files complaint against Chief Justice

Opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor has submitted a complaint against Chief Justice Ahmed Faiz Hussain at the judicial oversight body Judicial Services Commission (JSC) over the Supreme Court’s decision to annul articles of the Parliamentary Privileges Act.

In November, the Supreme Court struck down four clauses in the Parliamentary Powers and Privileges Act including Article 11 (a) which states that an MP cannot be summoned to court during Majlis work hours.

At the time, the Criminal Court had sentenced Hamid to six months in jail for failure to attend a separate trial on refusal to provide urine. Hamid had contended the hearings were scheduled during Majlis work hours, in violation of the Parliamentary Powers and Privileges Act  and as such he was not obliged to attend the hearings.

Hamid had been under house arrest but was jailed following the Supreme Court’s verdict. However, the High Court struck down the Criminal Court’s sentence and set Hamid free.

In his complaint, Hamid said the Supreme Court’s verdict had caused him injustice.

“When the Supreme Court released constitutional ruling number SC-C/2013/28 on November 12, 2013 regarding a number of parliamentary privileges, Chief Justice of the Maldives Supreme Court was aware that at the same time, I,  a member of Parliament, was under house arrest regarding a case on parliamentary privileges. At a time when there were public allegations that the Criminal Court had then acted towards me against parliamentary privileges, the Chief Justice failed to consider the injustices that may be done unto me by releasing the prior-mentioned ruling at such a time,” Hamid’s complaint stated.

A statement released by the MDP states that if the said act was done “deliberately and knowingly” by the Chief Justice, it was an injustice caused to Hamid. It then said that if, however, the Chief Justice was unaware of the facts when the Supreme Court released the ruling, it is then proof that he is “unfit for and incapable of fulfilling his mandate”.

Head Judge of the High Court Panel that overturned the Criminal Court’s sentence, Judge Yoosuf Hussain had said at the court hearing that the Parliamentary Privileges Act at the time of sentencing still had a clause stating that members of parliament cannot be summoned to court in a manner that will inconvenience their attendance to parliament meetings.

Judge Hussain said that due to this reason, Hamid’s failure to attend hearings cannot be judged as having been without a justified reason.

He further stated that the lower court had failed to follow due process to be observed in the instance that a court summons cannot be delivered to a person, and if their families refuse to accept the summons on their behalf.

The judge said that as a result of this failure, the High Court does not believe the lower court had grounds to act against MP Hamid in this instance.

JSC Member appointed from among the public Sheikh Shuaib Abdul Rahman stated that he is unaware of the complaint yet.

“After a complaint is submitted to the JSC, it will be looked into by the legal section. Once they complete the process, it will come to the commission members along with their legal opinion. So it will take some time before we see this complaint,” he explained.

Senior Legal and Complaints Officer Hassan Faheem Ibrahim said that the legal department has not received the complaint at the time of press.

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Majlis committee rejects 8 cabinet nominees

The parliament’s Executive Oversight Committee has rejected eight of 15 ministers in President Abdulla Yameen’s cabinet.

However, President’s Office Spokesperson Ibrahim Muaz Ali has told Minivan News he was confident all ministers will be endorsed on the parliament floor regardless of the committee’s views.

The Executive Oversight Committee rejected Minister of Defence and National Security Mohamed Nazim,, Minister of Tourism Ahmed Adheeb, Minister of Home Affairs Umar Naseer, Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed, Minister of Health and Gender Mariyam Shakeela, Minister of Transport and Communication Ameen Ibrahim, Minister of Finance and Treasury Abdulla Jihad, and Minister of Housing and Infrastructure Mohamed Muizzu.

The opposition Maldivian Democratic Party (MDP) MPs holds six of ten seats in the committee.

Ruling Progressive Party of the Maldives (PPM) MP Ahmed Nihan proposed casting a single vote for the full cabinet. However, the proposal failed with MDP MPs voting to vet each cabinet minister separately.

Pro-government members claimed it is crucial that the People’s Majlis fully endorse President Yameen’s cabinet in order to facilitate the government to function at its full capacity.

Pointing out that the Majlis had voted for former President Mohamed Nasheed’s cabinet as a group rather than separately, MP ‘Redwave’ Ahmed Saleem said it was “unacceptable” for the opposition to act differently now.

In reply, the MDP said the eight rejected nominees were “ministers of the coup government,” as they had served under former President Dr Mohamed Waheed after the controversial transfer of power on February 8, 2012. Nasheed had resigned amidst a police and military mutiny and his deputy Waheed assumed the presidency. MDP maintains the transfer of power is a coup d’etat

In addition to Waheed’s ministers, MDP members also refused to endorse Home Minister Umar Naseer.

Despite this being his first appointment to any cabinet position, MDP members claimed that based on various speeches he has previously given on political podiums, it is “evident that he will not be loyal to Yameen”.

All ten committee members in attendance voted to endorse the remaining seven cabinet members. These consisted of Minister of Foreign Affairs Dunya Maumoon, Minister of Fisheries and Agriculture Dr Mohamed Shainee, Minister of Economic Development Mohamed Saeed, Minister of Environment and Energy Thoriq Ibrahim, Minister of Education Aishath Shiham, Minister of Youth and Sports Mohamed Maleeh Jamal, and Attorney General Mohamed Anil.

Although Foreign Minister Dunya – Yameen’s niece and former President and PPM leader Maumoon Abdul Gayoom’s daughter – has not held a cabinet post in Waheed’s government, she had served as State Minister of Foreign Affairs during his term.

While the committee will present its views to the parliament floor, it is the votes of the full parliament which will decide cabinet endorsement. Voting on the matter is currently scheduled for Monday, December 30.

MDP must facilitate an elected government

President’s Office Spokesperson Ibrahim Muaz Ali has stated that the MDP’s justification for refusing to endorse eight of the government’s cabinet ministers is “unacceptable”.

Muaz said that the MDP is the party that had advocated most for the establishment of an elected leader, and as such has the responsibility of facilitating elected President Yameen’s government to fulfill the needs of the citizens.

“MDP claims they cannot endorse these ministers as they belonged to what they say was a coup government. The fact of the matter is, even though they were previously in Waheed’s government, it is now a leader elected by the people who are re-submitting their names,” Muaz stated.

“MDP has always claimed, straight from the beginning, that they will extend cooperation to run a democratic government. Endorsing the cabinet is the best form of cooperation they can show. In any case, there is a culture of endorsing any president’s first cabinet in this country,” he continued.

“Despite the committee rejecting eight cabinet ministers, the government is confident they will receive endorsement from the parliament’s full floor. The government has a very good understanding with the leadership of MDP. And there are also discussions being held between the government and MDP on a number of matters,” Muaz said.

According to Muaz, the government and opposition are holding discussions on numerous matters including cabinet endorsement and budget approval.

Muaz said the government is continuously emphasizing the importance of cabinet endorsement and budget approval in order for the PPM to fulfill citizens’ needs, Muaz said. He also said the MDP is putting forward a number of suggestions, but declined to reveal details.

Speaking at Thursday’s Unity Day event, President Yameen has also appealed to the parliament to endorse his cabinet, urging to set aside differences in political opinion for the betterment of the nation.

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