Tag: maldives news

Raajje TV’s leadership set to face criminal charges over report on judiciary

Police have sent the case involving senior officials of opposition-aligned private broadcaster Raajje Television for prosecution today (December 1), after concluding the Supreme Court-ordered investigation into a report aired by the station which criticised the Supreme Court and the judiciary.

The police media official confirmed to Minivan News that the case had been sent for prosecution. Furthermore, the official also confirmed that they had requested the Prosecutor General press charges against both the News Head of Raajje Television Ibrahim ‘Aswad’ Waheed and the Deputy Chief Executive Officer of the Station Abdulla Yameen Rasheed.

Last October, the Supreme Court ordered the Police and the Maldives Broadcasting Commission (MBC) to investigate a report aired by the station earlier in the month.

According to local media reports, the report titled ‘how trials were held by people of Sodom’ compared the inconsistent decisions made by the Maldivian courts of law – specifically the Supreme Court – with the bogus trial practice of Sodom and Gomorrah – a biblical city mentioned in the Quran, the Hebrew Bible and the New Testament.

The report also claimed that the Maldivian judiciary had fallen into the same state as that of what was the state of trials in Sodom, citing the sex-tape scandal of the Supreme Court Judge Ali Hameed earlier this year.

Following the Supreme Court order, both the ‘Aswad’ Waheed – who was brutally beaten by a group of thugs last year – and Yameen were summoned by the police for questioning.

Shortly after the summons, Raajje TV informed the police that it would not be cooperating with the investigation arguing that it was the mandate of the MBC to investigate.

“Even the Police admitted that this matter had to be looked into by the MBC. However they said that due to the Supreme Court order, they are obliged to continue with the investigation,” said the Deputy CEO of Raajje Television Yameen.

The station also contested that the Supreme Court’s order to investigate the matter had been an unlawful one, and therefore it was void from the outset. However, the police proceeded with the investigation.

Under the ‘Regulation for Protecting the Courtesy of Courts’, any disrespectful remarks made against a court of law either by speech, writing or by any other means is a criminal offence.

Speaking to local media regarding the Supreme Court’s order Aswad said that it took a great effort to ensure that defamation was decriminalised during the regime of Maldives former thirty-year autocratic ruler Maumoon Abdul Gayoom.

“The police investigation into this case could mean journalists would again go to jail for what they write. This again, is another new threat to free media in the Maldives,” Aswad Waheed told local newspaper Haveeru earlier.

The Maldives Media Council (MMC) also echoed similar concerns as that of Aswad, citing that the case could negatively impact the freedom of media in the country.

“The Maldives Media Council Act states that it is the media council that should investigate issues concerning press freedom and take measures. And a police investigation of such a case would be an obstruction of the press freedom established in the Maldives as well as an act that would instil fear in the hearts of journalists,” read a statement released by the council following the police summons.

Minivan News was unable to determine the specifics of the criminal charges that Aswad and Yameen may face as the media official of the Prosecutor General’s Office was not responding to calls at time of press.

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Supreme Court undermining parliamentary independence, says Majlis committee

The Parliamentary Privileges Committee has on Sunday passed a motion submitted by Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy regarding the Supreme Court’s decision to void four articles in the Parliament’s Privileges Act.

Meanwhile, fellow MDP MP Hamid Abdul Ghafoor’s prosecution for failure to attend the Criminal Court was overturned in the High Court today. Hamid had claimed parliamentary privileges in his defence.

Fahmy’s motion states that while the Surpreme Court had on November 28, 2013, ruled void articles 3(b), 11(a), 13(c) and 16, the decision is one that contradicts constitutional stipulations and compromises the independence of the parliament.

In the motion, Fahmy proposed that the committee agree that the Supreme Court’s actions undermine the parliament and its members’ privileges and powers, and that by ruling to void said articles, the court has breached the constitutional stipulation that no power of the state attempts to exert influence over another.

He further asked the committee members to determine the matter as a serious concern which needs to be raised in the full parliament, while also being brought to the attention of other actors including agencies of the UN and Inter-parliamentary Union (IPU).

Fahmy proposed raising the matter with international actors and seeking assistance to protect the independence, privileges and powers of the parliament.

Speaking at the committee, Fahmy further alleged that the court was working to “undermine the power of the people despite our constitution stating that all powers of the state stem from the citizens”.

“We are seeing the Supreme Court as an entity working to blatantly oppose empowerment of the people. By voiding articles from acts passed by over-riding majorities from among the people’s representatives, they are blatantly challenging citizen empowerment. Every single sitting of the SC has become a threat to this country’s democratic process,” Fahmy said in Sunday’s committee meeting.

“A wide range of international actors have criticized this country’s judiciary and its apex court, including several UN agencies, UN Special Rapporteur Knaul, EU and various foreign governments. How I see it, the Supreme Court is the biggest threat to the country’s democratic process. I condemn the SC’s action and call on this committee and parliament to do all possible to stop such actions,” he continued.

“This is not a practice in democratic societies”: Fahmy

Speaking to Minivan News after the meeting, Fahmy further alleged that the court had made void articles other than those included in the Attorney General’s submission.

“A case can be submitted to the Supreme Court questioning whether a certain act, or an article of a particular act contradicts the constitution. However, one cannot submit, nor can the courts accept, a case questioning whether an act or an article of an act is granted as ‘absolute power’ or asking to clarify what it means,” he said.

“SC repealed clauses on their own initiative too, while the Attorney General has not even proposed to. This cannot happen and this is not a practice in democratic societies.”

“Perhaps they have learnt acts of this sort from countries like Pakistan, Afghanistan, Egypt or others. Places where there is no democratic culture and where people are suffering from state sponsored injustices,” he said.

Fahmy himself was being tried for contempt of the Supreme Court for comments criticizing the body on television, though the MP’s defence has claimed the regulation in question expired in 2011.

MDP MP Hamid, who was taken to jail after the Criminal Court gave him a six month jail sentence for failure to attend court hearings, had his appeal case heard on Sunday.

A High Court bench of three judges overturned the Criminal Court sentence in Sunday’s appeal hearing.

Head Judge of the panel, Judge Yoosuf Hussain stated in court today that the Parliamentary Privileges Act at the time of sentencing still had a clause stating that MPs 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.

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Fire destroys Dhiffushi Island School’s offices

A fire at Kaafu Atoll Dhiffushi Island School has destroyed the school’s administrative offices.

The fire was reported to the Maldives National Defense Forces (MNDF) at 3:40 am. The MNDF’s fire and rescue services along with civil firemen from Meeru Beach Resort put out the fire at 5:30 am.

According to the Maldives National Defense Forces (MNDF), the school’s administrative offices had burnt to the ground and the fire had caused cracks in the staff block at the school.

The classroom block was not damaged as Dhiffushi residents had cleared out all furniture and materials in the classrooms, the MNDF reported.

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MNDF dismisses three senior officers in ongoing firing spree

The Maldives National Defense Forces (MNDF) dismissed Brigadier General Abdulla Shamaal, Captain Abdul Muizz Musthafa and Sergeant Major Naushad Ali on Saturday.

The dismissals are the latest in a firing spree following the inauguration of President Abdulla Yameen Abdul Gayoom. Last week, the MNDF dismissed six soldiers including former head of military intelligence Brigadier General Ahmed Nilam.

According to an MNDF statement, Shamaal had prepared a letter and collected signatures from senior and rank and file soldiers “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

However, he proceeded to leak the letter on social media “in order to reveal dissent within the military,” the statement said. The MNDF further accuses Shamaal of sowing discord within the military by speaking to rank and file soldiers.

A leaked copy of the letter expresses concern over the presidential poll delay and the repercussions should a president elect not be determined by the end of the presidential term on November 11.

Musthafa is accused of being an accomplice to Shamaal and of “intent and plans to commit dangerous acts using the troops under his captainship.”

Naushad Ali is accused of keeping his and other soldiers signing the letter a secret from his superiors.

Following the letter, the MNDF amended its regulations to punish officers who promoted “upheaval and chaos,” and several officers were suspended and Shamaal was removed from his position as the Commandant of Training and Doctrine.

In mid November as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay elections, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by President Dr Mohamed Waheed or his political appointees.

The nine soldiers dismissed this week are all accused of sowing discord in the military.

The opposition Maldivian Democratic Party (MDP) condemned the dismissals as “politically motivated and unjust,” and noted that no action had been taken against the soldiers who mutinied on 7 February 2012.

“On 7 February 2012, some uniformed soldiers publicly called for the resignation of the President and Commander in Chief and protested along with the opposition at the time. They have publicly violated global norms of military discipline. The CONI report has highlighted this act and called for action against them.”

Instead of penalising mutinying soldiers, the Ministry of Defense awarded them promotions, the MDP said.

“Such actions politicize the military, undermine professionalism and demean the institution,” the MDP added.

The party also praised Brigadier Generals Shamaal and Nilam as “highly educated, experienced and professional soldiers who have maintained high standards and served for a long time in the military with sincerity.”

In response, the Ministry of Defense said it routinely takes disciplinary action against any soldier who violates the law.

“However, some political actors via some TV channels are criticising such [disciplinary] actions and are saying such actions cannot be taken against those who violate the Defense Forces Act and subsidiary regulations,” the statement said.

“Any responsible media, political party or citizen must not commit such acts for political gain. [We] strongly condemn such unlawful and politically motivated acts. [We] appeal on all parties to stop adverse unlawful acts and announce that [we] will ask the relevant authorities to take action against those who repeat such acts,” it added.

Re-appointed Minister of Defense Mohamed Nazim was a key figure in ouster of former president Mohamed Nasheed. Video footage shows Nazim telling a group of police, military and opposition activists that he had told President Nasheed to “resign without any conditions.”

Meanwhile, former Brigadier General Ahmed Nilam has told local media that his dismissal was “irresponsible and prejudiced” and said he will appeal the case through the courts.

The opportunity to establish democracy as per the 2008 constitution was “fraying and unraveling,” Nilam said.

In additional developments, Colonel Abdul Raheem was dismissed as MNDF Spokesperson and Major Hussein Ali was appointed to the position last week. The MNDF has also promoted Colonel Ali Zuhair to the rank of Brigadier General.

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Criminal Court sentences opposition activist ‘Hoara Ibbe’ to 10 years for child abuse

Former Under-Secretary of the President’s Office and opposition Maldivian Democratic Party (MDP) activist, Ibrahim Rasheed ‘Hoara Ibbe’, has been sentenced to 10 years in jail after the Criminal Court found him guilty of the charge of sexually abusing a 17-year old girl.

The police arrested Rasheed a year ago in December after being discovered at a house in the Galolhu Ward of Male’ with the minor.

The local media at the time quoted police as saying that when officers entered the room containing Rasheed, he was naked with the girl. However, the police refused to officially confirm the claim.

Rasheed at the time claimed that the 17-year old was his girl friend and later, got married to her when she had attained the age of 18.

The Prosecutor General however pressed charges against Rasheed under section 3(c) of the Special Measure for Perpetrators of Child Sex Abuse Act 2009, which carries a sentence of imprisonment up to 14 years.

Criminal Court officials confirmed to local media at the time that Rasheed – during the closed-door trial – had refuted the charges.

However, issuing the guilty verdict this Sunday (December 1), the Criminal Court Judge stated that despite Rasheed’s objections to the charges, the statements given by witnesses produced to the court by the prosecution proved that he had been guilty of the charge.

Section 3 of the Measure for Perpetrators of Child Sex Abuse Act 2009 states:

(a) It is an offence if a person touches a minor with sexual intent.

(b) For the purpose of this section, touching a minor with sexual intent is meant if he acts in the following way

  1. Touching the minor’s genital region or his anal region or any other sexual organ  or touching part of his body that could be used to achieve sexual desire,
  2. Touching with the hand or any other object,

(c) If a person is found guilty of the offense mention in Section 3(a), he shall be punished with imprisonment for a period of 10 to 14 years.

For the purpose of Maldivian laws regarding sexual offences, any person under 18 years of age is considered a minor.

Selective application of the law

Although the Criminal Court sentenced Rasheed under the Measure for Perpetrators of Child Sex Abuse Act 2009, the same court only sentenced renowned Quran reciter and teacher Hussain ‘Qaari’ Thaufeeq to a six months banishment and 15 lashes in a similar case last week.. Thaufeeq was arrested on August 2010 for multiple counts of child molestation while in a position of trust, although this was not considered by the court.

According to local media the Criminal Court sentenced Thaufeeq under ‘Regulation concerning punishment for fornication and adultery’, and had the enforcement of his sentence suspended under section 292(2) of the “Regulation concerning criminal trial” for a period of three years as it was his first offence.

Minivan News was unable to obtain a copy of the ‘Regulation concerning punishment for fornication and adultery’ as this was not found on the government’s legal website containing all published laws, www.mvlaw.gov.mv. The Criminal Court’s website was down for maintenance.

Section 292(2) of the “Regulation concerning criminal trial” states:

The judge has the discretionary power delay enforcement of a sentence for a period of three years if, the person found guilty is sentenced to imprisonment or banishment or house arrest for a period not exceeding six months, and if it is the first criminal conviction that person has faced [in his life].

It is unclear as to why the Criminal Court opted to sentence Thaufeeq under the “Regulation concerning punishment for fornication and adultery” while section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 explicitly states the offence of child abuse and molestation while being in a position of trust, and despite usual practice being that a specific legislation supersedes a by-law.

Section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 states:

(a) It is an offence if a person who commits a sexual act against a minor while being in a position of trust

(b) The punishment for the offence stated in section 9(a) is imprisonment for a period between 15 to 18 years

Thaufeeq is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

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Malé City begins storm drain cleanup

The Malé City Council in conjunction with the Ministry of Environment and Energy has started a week-long programme – “Open Streets, Clean Malé – to cleanup the city’s storm drains.

The majority of curbside drains are blocked in Malé and the city faces severe flooding during stormy weather.

Work has already commenced on Ameenee Magu and Buruzu Magu in south Malé.

Malé City Mayor ‘Maizan’ Ali Manik said maintaining Malé city’s sewer system has been difficult due to budgetary constraints and because the storm drains are old and damaged.

Speaking to the press, Minister of Environment and Energy Thoriq Ibrahim said the clean up programme is not a sustainable solution and highlighted the need for a longer-term solution.

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Supreme Court on recess until December 15

The Supreme Court, the Civil Court, the Criminal Court and the Family Court have begun a recess period today.

The Supreme Court and Criminal Court will restart trials on December 15, while the Civil Court will restart on December 10. The Family Court will be on recess until December 30.

Even though the superior courts are on recess, trials may be scheduled and rulings issued if necessary. The courts will continue to be open for administrative purposes.

The High Court has said it will not go on recess this December as local council elections are scheduled for January 18.

According to Article 172 of the constitution, individuals may contest any decision of the Election Commission relating to elections at the High Court.

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Police uncover 77.46 grams of narcotics buried on Malé City street

The Maldives Police Services have uncovered 77.46 grams of narcotics buried under paving bricks on Saibani Goalhi in Malé City.

The police blocked the street on a tip off and discovered 30 rubber packets, 77 small rubber packets, a photo film box and two folded cellophane pieces containing narcotics.

A large amount of rubber packets used to pack narcotics were also found in the area, police said.

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Maldives first amusement park opens in Gulhi Falhu

The Maldives’ first amusement park has opened on Malé City’s township island Gulhi Falhu on Friday.

The “Global Amusement Park” is an initiative of the Global Projects Development Company. The company is in charge of developing a high end “Global Green City” in Gulhi Falhu lagoon as an alternative to Malé City.

The amusement park will be open on every Friday and Saturday from 4:00 pm – 7:00 pm and a roller coaster ride, bumper car ride, luxury train ride, a merry go round and a chasing car ride.

Entry tickets cost MVR 20 and every ride costs between MVR 10 – 50. Ferry services from Malé City to Gulhi Falhu are free.

Manager of Global Projects Raj Maniyandan told local media the company intends to open a water park on Gulhi Falhu. He also said two beach villas are available for families who wish to stay overnight on the island.

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