Tag: maldives news

Umar Naseer opens ‘Command Centre’ campaign office

Progressive Party of Maldives (PPM) presidential primary candidate Umar Naseer has officially opened his campaign office in Male’.

Speaking at the official opening of the ‘Command Centre’ on Monday night (March 26), Naseer claimed that the strongest and the most experienced politicians in the country supported him and that he has the support of many PPM members on the Atolls, local media reported.

The campaign office is located in the Files building near Kalaafaanu School in the Heniveru ward of Male’. Naseer dubbed the office his ‘Command Centre’.

Likes(0)Dislikes(0)

Comment: It’s the judiciary, stupid

This article was first published on Dhivehi Sitee. Republished with permission.

We had information that on 8 February Mohamed Nasheed would close other courts in the Maldives, send all judges home, and acting on his own, would establish a Judicial Reform Commission. From then onwards, it would be this Commission that would appoint all magistrates. ~2013 Presidential Candidate, Umar Naseer (PPM).

I learned about President Nasheed’s intention to establish a Judicial Reform Commission—or in whatever name it maybe—only after the government changed.

– 2013 Presidential Candidate, Abdulla Yameen (PPM)

We don’t know for sure whether Mohamed Nasheed was planning to form a Judicial Reform Commission on 8 February 2012 or not. But, leaders of the National Alliance, especially PPM, have made it clear what motivated them most to be out on the streets protesting until Nasheed’s government ended was the prospect of Nasheed making changes to the judiciary.

Many ‘intelligence-based’ reasons were offered  for the National Alliance’s opposition to the expected changes: Nasheed’s Judicial Reform Commission was going to be totally under his control; it was a way for Nasheed to usurp judicial power; it was Nasheed’s means of destroying the judiciary.

Truth of the matter is all parties in the National Alliance would have been opposed to judicial reform in whatever form it came.

To regard all attempts at reforming the judiciary as undue interference is to believe that the existing judiciary is as should be—independent, just, equal. This is far from the truth. To begin with, an overwhelming majority of current judges were sworn in extra-constitutionally, in violation of Article 285 which demands new, higher, ethical and professional standards from judges. As former Judicial Service Commission (JSC) member Aishath Velezinee exposed, the Commission colluded with authoritarian loyalists to dismiss Article 285 as ‘symbolic’.

Ignoring the constitutional requirement for a complete overhaul of the judiciary has allowed unqualified, unethical and downright criminal individuals to remain on the benches long past the constitutional deadline. Neither the Executive nor the Majlis took appropriate action to stop the oath-taking then; nor have they taken any steps to remedy the situation since. Many of these judges — spread out across low, higher and highest courts — were appointed by, and continue to be under the influence of, pre-democracy leaders. Chief Judge of the Criminal Court Abdulla Mohamed (Ablow Ghaazee) is the icing on the authoritarians’ unhealthily large share of the judicial cake.

His removal and any other change in the carefully engineered set-up would mean less protection for those facing serious torture and fraud charges dating back to the dictatorship. The PPM-led National Alliance protests, seen this way, can be described as intended to ‘protect the judiciary’ from reform rather than keeping interference at bay.

It is now over a year since the National Alliance’s protests saw out the end of the country’s first democratically elected government. If judicial independence is what the protests were about, tackling the problems head-on would have been the new government’s first priority. On the contrary, every effort has been made to sustain the status-quo which preceded Nasheed’s drastic decision to have Abdulla Mohamed arrested.

“I thought he [Abdulla Mohamed] should be released, but I don’t think he should be allowed on the bench until all investigations pending against him have been satisfactorily investigated,” Dr Waheed, the current president said in his CoNI testimony.

Yet, Abdulla Mohamed is not just on the bench, he is back as Chief Judge of the Criminal Court, the main man sitting over the trial of Nasheed for his arrest. Indeed, reinstating Ablow Ghaazee was the first order of business for the new regime. Presidential Candidate Gasim Ibrahim (JP) [who, ‘incidentally’, is also a member of the JSC], meanwhile, dismissed UNSR Gabriella Knaul’s recommendations for judicial reform as lies and levity.

The government’s reaction to all such recommendations has been to either ramp up nationalistic rhetoric and play the sovereignty card, willfully ignore the expert advice, or both.

As noted in the UNSR report, ‘all branches of the State and all institutions have a role to play and responsibilities regarding the consolidation of democracy.’ But, sadly for the Maldives, it is not just the executive failing in its responsibilities towards judicial independence, but the Majlis, too, seems unable (or unwilling) to appreciate the absolute indispensability of judicial independence for regaining democracy.

MPs like Mahloof and Nihan of PPM who so ‘valiantly’ fought on the streets of Male’ to ‘protect the judiciary’, for instance, have yet to raise any judicial reform issues in parliament. Apart from a few individual MPs advocating for reform on other platforms, the Majlis as a collective body has been actively negligent of its duties towards the judiciary.

Otherwise, by now, it would have held the entire JSC accountable for dismissing Article 285 of the Constitution as symbolic. MDP MPs, and others, should have pushed not just for the removal of Gasim Ibrahim from the Commission, but every member of the JSC that colluded in the decision to violate the Constitution.

Long before Majlis summoned Speaker Abdulla Shahid to ask about the Hulhumale’ magistrate court, it should have asked him to explain what he saw, witnessed and participated in while in the JSC that allowed Article 285 to be deemed irrelevant. Even when the Parliamentary Oversight Committee had Shahid in front of them last Tuesday, not only did it fail to ask him about his role in the dismissal of Artical 285, it also failed to interrogate him on how the Hulhumale’ Court bench was illegitimately appointed by the JSC on his watch. “I was not present at the meeting,” is not a reason for absolving any JSC member, Speaker of Parliament or not, from responsibility.

The constant failure by the Majlis to hold JSC accountable for its crimes against judicial independence suggests: a) it is incompetent; and/or b) it colluded with the JSC in violating Article 285 of the Constitution.

All MPs, no matter what party affiliation, must collectively exercise the right and responsibility of the Majlis to hold the JSC accountable, and to work towards redressing Article 285, and all that needs done to ensure we have the kind of judiciary envisaged by the 2008 Constitution on which the Maldivian democracy is based.

Without judicial reform, it is hard to see how the upcoming elections could be free and fair nor how life after elections could be democratic.

Dr Azra Naseem has a PhD in international relations

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

Likes(2)Dislikes(1)

Police investigating ‘Moneygram’ fraud worth MVR49.9 million

Police are investigating a MVR49.9 (US$3.2 million) fraud case involving money transfer organisation ‘Moneygram’.

Police told local media that the case was reported on March 13 was now under investigation.

Police Spokesperson Chief Inspector Hassan Haneef said the case was handed to the police cyber crime department as the fraud was conducted over the internet.

Chairman of Maldives Post Limited (MPL) Ahmed Nizam told newspaper ‘Sun’ that the company came to know about the missing money last week and reported it to police.

He told the paper that it appeared the money was stolen through hacking.

Maldives Post Limited has temporarily ceased offering money transfer through Moneygram “until the police investigation is concluded that the MPL is sure this sort of thing will not happen again.’’

Maldives Post Limited and police have not provided details of the case.

MPL website states that ‘’Moneygram is a person-to-person money transfer virtually to any place around the world. Moneygram is an extensive and proficient network, linked by computers, which will transfer your money around the world with care.’’

According to the Maldives Post website, MPL in association with MoneyGram provides money transfer service to 39,000 locations in 150 countries around the world.

The website also states that ”Moneygram is based in Denver, Colorado USA. It was started in 1988 and since then has emerged to become one of the world leaders in the electronic transfer of money around the world. Moneygram has developed top-end technological solutions for its business, which are highly secure and reliable.”

Likes(0)Dislikes(0)

“When cats are elected they will fight”: Maldives’ plight caused by citizens electing self-interested MPs, says Ibra

The former chairman of the committee responsible for drafting the 2008 Constitution has said the country’s current crisis is the result of Maldivian citizens electing self-interested parliamentarians.

The Maldivian Democracy Network (MDN) released the 2012 Majlis (Parliament) Watch report on Sunday (March 24). The report was launched by Ibrahim ‘Ibra’ Ismail, former chairman of the Special Majlis Drafting Committee.

Ibra emphasised that parliamentarians must represent public welfare and national interests foremost and “not exploit their official positions,” as clause 75 of the Constitution specifies.

However he said most parliamentary decisions are influenced by individual, business, and political party interests.

Responsibility for MPs’ prioritising their self-interests above Maldivian citizens’ well-being should be placed with the Maldivian people who elected these “shadowy figures,” Ibra declared.

“I would say the current plight of this country is down to the failure of the 77 parliament members to take note of Article 75 of the constitution. When casting votes in parliament they are thinking what is the best thing for me? How can more political power be given to the person who secures business opportunities for me? How can an Article be written to make it easy for me? I’m not referring to a particular party but to everyone,” Haveeru quoted Ibra as saying.

“During the last parliamentary elections we’ve all heard people saying they would even vote for a cat if it was the candidate from a specific party. So we are seeing the result of that today. When cats are elected they will fight,” he added.

Parliament Watch 2012

MDN’s Executive Director, Humaida ‘Humey’ Abdulghafoor, emphasised that parliament’s main priority should be service to the people and discussed the report’s main findings.

“MDN is not privy to the same information as Ibra. We try to be very objective in what we say, do, and how we present the [Majlis Watch] report,” stated Abdulghafoor.

“We advocate Majlis members serve responsibly as representatives of the people. They should have a clear idea of the lives and livelihood needs of their constituents.

“MPs should monitor the main needs of their constituencies, ask important questions, and highlight issues that relate to the lives of their constituencies. Based on these needs, MPs should prioritise the most relevant legislation that reflects what the people would like to see,” Abdulghafoor added.

Some of the main issues highlighted in the MDN report are in regard to challenges parliament has faced following the controversial transfer of power last February.

“We acknowledge that 2012 was very difficult for the Majlis. Their work has been slowed due to pending issues, which are a reflection of the challenges faced over the last year,” said Abdulghafoor.

“In some months, such as March and August 2012, the number of [committee] meetings were far lower than anticipated. Also, parliament halted for several days in March, because quorum was not achieved,” she added.

Abdulghafoor also discussed how meaningful legislation is often delayed at the committee stage and takes a “number of years” to become law. She stated that MPs must work together to “accelerate and overcome” obstacles that impede the law-making process, so to meet the urgent needs of Maldivian citizens.

“The number of bills submitted was also significantly lower [than expected], because the government is the largest source of bills. After February 7 2012, the government was not able to submit legislation, because the executive (President Waheed Hassan Manik) didn’t have a representative in the Majlis,” she stated.

“In other words, there were no sitting Gaumee Iththihaadh Party (GIP) party members in parliament. To accommodate this challenge, parliament had to change their regulations, which didn’t occur until October,” Abdulghafoor further explained.

Free elections require civic education

MDN also highlighted parliamentarians’ responsibility to create civic awareness among their constituents and ensure elections are legitimate and free from corrupt practices.

“We are advocating for Maldivians to use their vote responsibly to ensure elections are inclusive, free and fair,” Abdulghafoor stated.

“Political parties have a huge responsibility to recruit members ‘cleanly’ as well as inform party members what civic participation entails and what [democratic] political processes are – openness and clarity.

“The recent reports of registered deceased people are a stain on the reputation of the political party,” she declared.

The Elections Commissions (EC) said it has noticed a surge of discrepancies on membership forms submitted by certain political parties including forged documents, forms with false information and even forms filed under the names of dead people.

Likes(0)Dislikes(0)

The culture of flogging in the Maldives: a systematic abuse of human rights

The Maldives is a tourist paradise, crowned the World’s Most Romantic Destination during the World Travel Awards in 2011. But while a popular destination for couples around the globe, it takes a radical paradigm shift when it comes to its own citizens.

Under the 2008 Constitution the Maldives is a ‘100 percent’ Muslim country, with a justice system based on a hybrid of common law and Islamic Sharia.

Although the country does not implement many of the ‘Hadd’ or penalties prescribed by Sharia law, including amputation and stoning, it does practice some selective punishments.

One such penalty is the implementation of flogging for a number of crimes including, but not limited to, fornication outside of wedlock.

In recent days, global media attention has been drawn to the case of a 15 year old-girl convicted of fornication and sentenced to flogging, despite her history of alleged sexual abuse dating back to 2009.

Minivan News has spoken with a number of locals about their experiences with flogging, and the societal impact it has had in the past.

Faheem*, a 47 year old former court official in a small island in the North of the Maldives, shared his experiences in regard to related cases.

“In my 10 years serving as a court official during the 90’s, I have witnessed many people being subjected to public flogging. Although we are, in fact, a Muslim nation, most of these sentences were for cases of extra marital sex,” Faheem said.

“The majority of those who did get flogged were women. Although Islam specifically states that once a culprit has endured the ‘Hadd’ he or she is completely washed of their sins, society does not seem to see it in that way.

These women are tainted for life and forever looked down upon. There were a couple of men too, but the islanders did not react in the same way against the men. They seem to be more easily accepted back into society, their sins are generally forgiven or forgotten in time,” he explained.

“We usually used a paddle, and there were then, like now, specific regulations which the flogger had to adhere to. But there is one particular case that has stayed in my mind, and although I was not directly involved in it, I have always remembered it with a pang of guilt,” he continued.

“The magistrate at the time, Ghazee Zubair, was involved with a woman from our island. Then one day he had to preside over a case against this woman, who had been brought in front of him for charges of extramarital, consensual sex with yet another man,” Faheem said.

“I remember islanders talking about whether he would be impartial in his judgement. He was, to a point. Yes, she was sentenced to flogging. But, the appalling thing is that while all others got the paddle, she was given a hundred lashes with a cotton handkerchief,” Faheem said.

While the paddle is commonly used in the implementation of flogging, it has been replaced with less harsher tools in some cases.

Hussain Haleem, a former court official, said in the past there have been instances where objects such as peacock feathers have been imported for the sole purpose of flogging a woman belonging to the country’s elite, or a single lash with a string of 100 rosary beads, each bead counting as a separate lash. Haleem, however, added that there had been cases in the other extreme, where the flogger has used far more force than is required, causing serious physical harm to the person sentenced.

Court officials attempt to gather a crowd of onlookers when the sentence is being implemented, in a bid to increase the shame of the sentenced persons. People standing around the court building, or waiting to file documents or cases, are frequently asked to join the crowds.

Shame and humiliation

Ibrahim*, a 44 year-old civil servant, talked about growing up as the illegitimate child of a woman who had been flogged.

“It was hard. Mother, who has since passed away, did not come from as elite a family as the man who they say is my father. She was the youngest daughter of a carpenter, a woman with no education, no money and no social status,” he said.

“As a teenage girl, she worked as a maid to help support the family. It was at this house where she worked that I was conceived. Of course, the man involved was rich and well, untouchable, even by the justice system.He denied any involvement and got off scott-free.

“I don’t refer to him as my father. I have never exchanged a word with him. My mother, however, was lashed. She told me that she herself had confessed, saying as per Islam, she deserved to get shamed, to bebeaten for her sin. Her family was so ashamed of her that she was turned out of the house.

“She lived till her late fifties alone, except for me. Growing up with a woman labelled undeservingly as cheap and honourless was not easy. This place is small and everyone calls me a bastard behind my back. That is probably why I have never learned to smile much,” Ibrahim said.

Twenty-six year-old marketing professional Fathima* spoke about how she felt forced to marry a man she was unhappy being with, to avoid the “societal ostracism” of being flogged.

“I was 22 at the time. Hassan, my boyfriend, was 30. We had been in a relationship for about six months and it wasn’t really working out. Hassan was too possessive for comfort, and I was looking for a way out of the relationship. And then, in the middle of all this, I became pregnant,” Fathima said.

“There was no one I could go to with the problem. My parents would have been outraged and I did not, rather I do not, have the courage to take the chance of being found out and flogged; of being banished to some island and losing everything, from my family’s acceptance of me to my reputation and this job I love. So, although things were already sour, Hassan and I got married in a rush,” she continued.

Fathima gave birth to a baby girl less than seven months into the marriage. She said the couple had the baby abroad for fear of being found out if they had stayed in the Maldives for the delivery. After a difficult and emotionally abusive marriage, Fathima filed for divorce a year after the wedding. She does not get any support for the child from the father, and is currently working as a single mother.

“I sometimes wonder if, compared to the hardships I am facing now, it was worth it to spend all my savings on the wedding and the trip abroad for delivery of my child. Hassan was of no help except for the name he lent to my child. I ask myself if it wouldn’t have been better to have just faced the shame of flogging back then.

“Who am I kidding? I don’t think anyone deserves such degrading treatment. Let’s be real. It’s something that the authorities ignore until an official complaint is made or someone ends up getting pregnant, but there is hardly anyone in this country who does not have sexual relations prior to, or outside of, marriage. It’s the hypocrisy I hate worst of all,” she said.

Punishment or repentance?

Usthaz Abdul Mueed Hassan, a graduate of Qatar’s Mauhadini Sanawi and Azhar University, said that in its true spirit, Islam holds repentance and forgiveness in higher regard than the implementation of Hadd penalties.

Mueed, who holds a state-issued permit to lecture on religious issues, spoke to Minivan News about the implementation of Hadd, while also commenting on the case of the 15 year-old rape victim sentenced to flogging.

“There is a verse in the Quran which comes in light of an incident in Quraish. The people of Quraish used to sell or give out their young females to guests they held in high regard, against the wishes of these youth. The verse was in response to questions that arose as to whether these youth would be considered sinners,” Mueed explained.

He referred to the conclusion of Verse 33 of Noor Surah in the Quran which reads: “But force not your maids to prostitution when they desire chastity in order that ye may make a gain in the goods of this life. But if anyone compels them yet after such compulsion is Allah Oft-forgiving Most Merciful [to them].”

“In circumstances where a woman is forced into sexual relations, like in the instance of rape, Hadd will not apply to them. As in the verse I’ve quoted, Allah himself has forgiven them. None is above Allah. And since He has granted forgiveness, there is no more for us to do. It is very clearly stated so,” Mueed said.

“Anyone who reads these verses in the correct way and in their right order can clearly make out under what circumstances a punishment should and should not be given,” he said.

“Islam does not permit any Hadd to be delivered if there is any ‘Shubha’ [doubt] about the offence having been committed,” Mueed said, referring to sayings of Prophet Muhammad, as cited in the book Fiqh Al-Sunnah, Part II.

“The Prophet has also said that when seeking to implement Hadd on a person, if there is detected even the slightest reason to let it go without implementing the Hadd, then do so. He then says that this is because it is far better for the person in charge – be it a judge, a president or an Imam – to err in forgiving a person than to err in sentencing a person to any Hadd,” Mueed said.

“So even in the current case of the 15 year-old, if there is the slightest doubt – say for example, the girl is not fully mature and aware, or she is not explicitly aware that fornication is ‘haram’ (prohibited) – then it is better to not implement the sentence,” Mueed stated.

Mueed said that in Islam, proving offences like Zinah (fornication out of wedlock) beyond doubt is deliberately made to be difficult to achieve. Even if a person confesses to a crime, if he or she later denies it, then the Hadd cannot be observed, he said.

“For example, for this Hadd, there has to be four male witnesses with perfect eyesight who have seen the act occur at the same time, in the same manner. Four eyewitnesses being there is in itself unlikely, unless it is in a highly corrupted society and such acts are committed outside in public places. Furthermore, if three of them provide witness and the fourth ends up differing, then these three witnesses will be sentenced for ‘gazf’ (false accusation against a chaste and virtuous person of having committed fornication),” he continued.

“What is the reason for this to be made so complicated in Islam? It is to discourage implementation,” Mueed stated. “One must not take the literal, word by word, meaning of the Quran and Prophet’s sayings. We must interpret its words in the light of the true spirit of the religion and with reference to history.”

“For Hadd of Zinah to be sentenced upon a person, there are four requirements that must be met: the person must be of sound mind, must have reached puberty, must have committed fornication willingly without any compulsion and must know that the act of fornication is ‘haram’ in Islam,” he explained.

The religion-based political party Adhaalath Party, members of which largely dominate the Ministry of Islamic Affairs, has meanwhile stated that “No one has the right to criticise any penalties specified in Islam,” and that “criticising issues like this would encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.”

In a statement released in February, the party said “The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture.”

Corporal punishment is cruel, degrading, unacceptable: UN

Human Rights Advisor at the UN Country Office Safir Syed expressed concern over the implementation of flogging, especially in the case of minors, in the Maldives.

“It is unacceptable and against international standards. It is also important to keep in mind, apart from the physical trauma, the psychological effects the punishment may cause,” Syed said.

Stating that corporal punishment, including flogging, are explicitly prohibited under international law, Syed backed his statement citing from numerous UN standards and human rights mechanisms.

“While Article 7 of the ICCPR (International Covenant on Civil and Political Rights) states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Article 37 of the Convention on the Rights of the Child add that ‘State Parties should ensure that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age,'” Syed quoted.

Syed noted that in July 2012 the UN Human Rights Committee had called on the Maldivian state to “abolish flogging and explicitly prohibit corporal punishment in all institutional settings.”

Similarly, in 2007 the UN Committee on the Rights of the Child had expressed concern that corporal punishment is considered lawful as a sentence for crime and for disciplinary purposes, and called on the state to abolish the use of corporal punishment under such circumstances.

Syed also referred to the 2005 report of the UN Special Rapporteur on torture, on the legality of corporal punishment under international law.

“The Special Rapporteur stated that any form of corporal punishment, be it flogging, amputation, etc, is contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. The Rapporteur also said that States cannot hide behind domestic laws as justification for this violation of human rights obligations,” Syed said.

Meanwhile, an online petition by Avaaz.org calling on the Maldivian government to end the practice of flogging women and children for the crime of fornication has been signed by over a million people worldwide.

*Names changed at request

Likes(0)Dislikes(0)

Over 100,000 registered mobile internet users in the Maldives

The number of registered mobile internet users in the Maldives has passed the 100,000 mark, statistics from the Telecommunications Authority have revealed.

According to local media, the statistics show that the country had a total of 104,671 registered mobile internet users at the end of February – a 25,000 user increase compared to January’s figures.

The total number of mobile users in the country grew to 578,010 in February, local media reported, while the number of fixed land lines stood at 24,122.

Statistics also show that there are 129 pay phones in the Maldives, with all but one of the pay phones located in Male’.

Likes(0)Dislikes(0)

Nasheed’s travel request denied by Hulhumale’ Magistrate Court

The Hulhumale’ Magistrate Court has denied former President Mohamed Nasheed’s request to travel abroad for a family wedding.

According to a statement from the former President’s Office, Nasheed had requested to leave the Maldives from March 27 to March 31.

The request was denied by the Hulhumale’ Magistrate Court, which stated that it was too close to President Nasheed’s next scheduled trial date on April 4.

Likes(0)Dislikes(0)

“Supreme Court bench will prevail as long as Maldives remains a democracy”: Chief Justice

Chief Justice Ahmed Faiz Hussain has said the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy.

The Chief Justice’s remarks come at a time where the Supreme Court has come under heavy criticism from the opposition Maldivian Democratic Party (MDP).

Last week following two controversial rulings issued by the court, the MDP’s National Council passed a motion calling on its parliamentary group to seek to abolish the existing Supreme Court bench and replace it with a new panel of judges, including foreign judges.

The party subsequently launched peaceful street protests last Friday against the court rulings. Protesters led by former President Mohamed Nasheed also called on the Supreme Court to refrain from undermining parliament and its decisions.

Speaking during a ceremony held at the Judicial Service Commission (JSC) on Sunday to swear in five new Magistrate Court Judges, Justice Faiz Hussain contended that the only way a judge from the Supreme Court could be removed was if the judge’s position became vacant.

“By the will of Allah, the Supreme Court bench will prevail as long as the Maldives remains a democracy. The bench cannot be changed. A change to the Supreme Court bench can only be brought if a judge’s position becomes vacant,” he said.

The Chief Justice also called upon all the judges to not to fear what the “people from other institutions” say, and advised the judges to not let their emotional sentiments get in the way of fulfilling their legal duties.

He added that every person is entitled with the right to file a case at the court if the person feels that his rights had been compromised, and when the highest court decides on a matter, that decision will be final and binding, and cannot be changed.

Faiz Hussain also said that the court will look into cases filed with them, and the court process would not stop.  He added that while there remained the option to settle matters out of court, if a matter came to the court, it would look into that matter.

“A very noble jihad”, says JSC President Adam Mohamed

Meanwhile President of JSC and member of the Supreme Court bench Adam Mohamed followed Chief Justice Faiz Hussain in condemning the efforts of some parliament members to dissolve the court bench.

Justice Adam Mohamed contended that article 54 of the Constitution clearly states as to how a Judge can be removed from a court. Therefore, Mohamed said the efforts led by MDP MPs to change the bench through legislation were unconstitutional.

“While the constitution very clearly mentioning as to how a judge can be removed, It remains very clear that efforts to remove a sitting judge in contrast with the principle laid down in Article 54 of the Constitution is clearly unconstitutional.

The JSC President also called on state institutions to refrain from interfering with the work done by the courts or do anything that could “impact the fairness and impartiality” of the JSC.

“I call upon you not to forget the fact that you are carrying out a very noble jihad in the name of Allah in delivering justice to the people,” he told the judges.

Regarding the removal of judges, Adam Mohamed echoed Chief Justice Faiz Hussain’s remarks stating that claiming that a judge could only be removed by either retirement, resignation or if the parliament successfully removes the judge by a two thirds majority.

Every effort will be made to bring the necessary changes – MDP

During the MDP’s emergency national council meeting held last week, the motion proposed by MDP national council member Mohamed ‘Sanco’ Shareef – which concerned the removal of the existing Supreme Court bench – received unanimous support from all attending members, including former President Mohamed Nasheed.

“The Supreme Court is acting in such a fashion that it has now begun overtaking the powers of the parliament and in the process undermining the constitution of this country. [Therefore] this motion calls on MDP’s parliamentary group to make formal requests to parliament to immediately abolish the current bench of Supreme Court and establish a new bench that consists of honest judges.

“Also as the Maldives Constitution does not bar the Supreme Court having foreign judges, [this motion also calls] to seek qualified and educated judges from abroad,” read the motion (Dhivehi).

The meeting was called in following the Supreme Court’s decision to overturn parliament’s removal of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan on sexual harassment charges, and a decision to conduct no-confidence votes through secret ballot.

Former President Mohamed Nasheed during the meeting stated that it was more important that there be a proper justice established in the country rather than him being elected as President.

“To reform the judiciary and bring the justice system of this country into the right course is something I must do,” he said. “We will come out to the streets, we will protest. I will not take a single step back until the bench is replaced with better judges.”

Meanwhile, MDP’s Parliamentary Group and Parliament’s Majority Leader Ibrahim Mohamed Solih assured the council that the party’s parliamentary group under his leadership would do everything at its hand to ensure the dissolution of the existing Supreme Court bench.

Likes(0)Dislikes(0)

High Court rejects former Human Rights Minister’s case contesting legitimacy of Waheed’s government

The High Court has rejected the case filed by the former Human Rights Minister Fathimath Dhiyana Saeed, requesting the court to rule that former President Mohamed Nasheed’s resignation was obtained under duress and the transfer of power on February 7, 2012 was illegitimate.

Rejecting the case, the court claimed it did not have jurisdiction to look into the matter.

Speaking to local newspaper Haveeru, the former SAARC Secretary General said that she and her legal team had been informed by the High Court that the case could not be looked into as it was beyond the court’s jurisdiction.

However, Saeed told Haveeru that she was of the view that High Court had the jurisdiction to look into the case.

She earlier stated that the constitution clearly mentions of the cases in which the Supreme Court can act as a first instance court but in other cases the High Court does have the jurisdiction to accept constitutional cases as a first instance court.

Speaking to media previously, member of Saeed’s legal team Ishraq Thaufeeg said that following legal review of the circumstances, the team had noticed several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

He also said the  public still questioned the legitimacy of President Mohamed Waheed Hassan’s government, and that therefore it was important that a court of law decides on the matter.

Dhiyana Saeed, formerly a member of current President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has also released a personal memoir explaining her interpretation of Waheed’s ascension to power. In the memoir, former SAARC Secretary General alleged that Nasheed’s political rivals had conspired to assassinate him.

Saeed alleged that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their information was wrongly presented”.

To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.

Leaked statements to the CNI given by key witnesses of the events, including senior police and military officials, also suggested that the transfer of power took place illegitimately.

In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.

Meanwhile former President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

“In essence, my statement is very small. I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” he said.

On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.

“The report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” observed the report.

The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

Saeed was not responding to calls at time of press.

Likes(0)Dislikes(0)