Police arrest nine in Male’ during 24-hour special operation

The Maldives Police Service has said nine individuals were arrested during a recent 24 hour special operation conducted to try and curb crime rates in Male’.

In a statement, police said that the special operation, designed to try and make the capital more peaceful, was conducted between December 15 to December 16 – leading to the arrest of the nine men for a number of different offences.

Authorities have said that 359 persons were questioned in the capital during the operation, while 13 body searches were conducted over the 24 hour period.

Police reported that one case of theft, one case of robbery, three road accidents, one drug related crime and other seven cases were reported while the operation was going on.

Another key focus of the special operation was said to involve ensuring vehicles were being operated according to local regulations, law enforcement officials have said.

According to police, vehicle check points were therefore established at different areas of Male’ during the operation. 383 vehicles were checked during the operation.

Police stated that officers have also questioned individuals and groups deemed to be roaming around the capital without any purpose during the operation, which was conducted between Male’ City Police, Specialist Operations [SO] and Traffic Police.

Police powers

On December 4, during a press conference to give details of the investigation in to the death of late MP and Religious Scholar Dr Afrasheem Ali, Commissioner of Police Abdulla Riyaz called on parliament members to not hesitate in giving more powers to the police. Riyaz said at the time that such powers were required to curb growing criminal activities within Maldivian society.

“I know that members of the parliament are hesitant to grant more powers to the police because of the political views they hold. But we need stricter laws to stop such acts from happening. Hesitance to grant more powers isn’t a solution for police discrepancies. Powers should be granted and at the same time they can establish a proper accountability mechanism,” he said at the time.

The commissioner said that police would have “zero tolerance” towards criminals and would utilise all powers and resources at hand in preventing crimes.

“That means, we will not allow a drunkard to freely wander around the street. Police officers will question suspicious people on the road and they have been given the order to stop and search anyone who they feel is suspected of being a criminal or carrying out a crime,” he said.

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Government considering seeking compensation from GMR: Attorney General Azima Shukoor

Attorney General (AG) Azima Shukoor has said the Maldives government could opt to seek compensation from infrastructure group GMR after it decided to void the India-based company’s concession agreement to develop Ibrahim Nasir International Airport (INIA), according to local media.

GMR last week confirmed that it was seeking an estimated US$800 million in compensation in order to recover what it has claimed are investment and earnings after the government “wrongfully” terminated its contract.

In a press conference held yesterday (December 17), the attorney general maintained the government’s belief that the agreement with GMR to develop INIA was illegal.  She added that the government therefore intended to seek compensation for damages it “might” have incurred during the process of entering into the contract with GMR, local newspaper Haveeru reported.  The contract was signed during the administration of former President Mohamed Nasheed.

Highlighting the pending arbitration process in Singapore Court between the government and GMR, Shukoor said that efforts were being made to appoint arbitrators for the hearings. She added that the government and Maldives Airports Company Limited (MACL) had appointed a “member” of Singapore National University as their arbitrator.

Similarly, GMR will also be given a 30-day period to appoint an arbitrator on its behalf.

Shukoor suggested during the yesterday’s press conference that it may take a period of one year until the due procedures were completed before a decision was made in the courts.

“It will take about two months time to appoint the panel to overhear the arbitration case. After that, parties will exchange documents and affidavits and respond to it and only after that a proper hearing on the matter will be held and might take up a period of one year,” she suggested.

Indian media reported last week that GMR had sent a letter to the Finance Ministry stating that it would seek compensation worth US$800 million.  Shukoor denied such a communication had been sent, adding that she did not believe such a demand could even be made.

“We terminated the agreement on the grounds of void ab initio (void from the outset) , therefore we will begin the negotiation on the position that the government of Maldives do not require to pay back anything,” Shukoor explained.

However, she admitted that owing to the size of GMR’s investment, there remained a possibility that government might have to pay some amount that would be determined through the arbitration process.

“Even if we do require paying back as compensation, it would be based on the decisions reached during the arbitration process. If it is settled out of court, then it would be based on legal arguments raised by the parties to the contract,” she added.

Shukoor has also claimed that even before INIA was handed over to GMR, no asset valuation was carried out – a decision expected to cause problems for the government. She also said that it has not been yet decided how the asset valuation would be carried out or how the amount that the government might seek in compensation from GMR would be calculated.

Even with the arbitration process now proceeding, Shukoor told local media that if the government believed additional compensation was required, it would seek the additional amount through the same courts.

“A lot of work is being carried at the moment. However, we have not yet calculated the amount we might have to pay or the amount that had been invested and even the amount we expect to seek,” she explained.

GMR demands US$800 million in compensation

GMR is seeking US$800 million in compensation following the termination of its US$511 million concession agreement signed under the former government back in 2010.

The Indian infrastructure giant has said that the proposed US$800 million claim was based on its “provisional estimates” and that the company had also taken into account the Maldives’ ability to cover such payments if compensation was awarded by the Singaporean courts overseeing arbitration.

GMR’s chief Financial Officer (CFO) Sidharath Kapur previously told Minivan News that the sum was a “preliminary estimate” based on a number of factors including investments made by the company, debt equity and loss of profits as a result of the contract termination.

He also added that on last Tuesday (December 11) the company had communicated with Maldives Ministry of Finance by sending an official letter outlining its concerns that the contract had been “wrongfully” terminated without respect for the agreed procedures.

Meanwhile according to Finance Minister Abdulla Jihad, no mechanism is currently budgeted should the Maldives face a multi-million US dollar bill for evicting GMR, but stressed it was not for the company to decide on any eventual payment.

He also played down fears that any potential fine could prove perilous for the country’s economy, as well as attempts to reduce the spiralling budget deficit, stating that any possible fines would be set by the Singaporean arbitration court hearing the dispute.

“We will deal with the matter when we know the amount of compensation to be paid,” he said at the time. “GMR cannot decide, it will be down to the court [hearing the arbitration].”

The INIA concession agreement

In 2010, the government of Maldives through its Finance Ministry, MACL and GMR-MAHB entered into a concession agreement with INIA whereby the Malaysian-Indian consortium were to develop and operate the airport for a period of 25 years.

According to the concession agreement a “project company” under the name GMR International Airport Limited (GMIAL) was to carry out the development project.

However, a lengthy dispute between the new government of President Dr  Mohamed Waheed Hassan and the GMR Group led to the eviction of the agreement.

On November 27, President Mohamed Waheed’s cabinet declared the agreement void, and gave the company a seven day ultimatum to leave the country.

Shukoor at the time stated the government reached the decision after considering “technical, financial and economic” issues surrounding the agreement.

She also claimed the government had obtained legal advice from “lawyers in both the UK and Singapore as well as prominent local lawyers – all who are in favour of the government’s legal grounds to terminate the contract.”

The INIA was handed over to the government on December 8, in an invitation-only press conference; Finance Minister Jihad presented the official handover documents to MACL Managing Director Mohamed Ibrahim, and said that the Maldives would pay whatever compensation was required “however difficult”.

With arbitration proceedings underway in Singapore over the contested airport development charge (ADC), GMR received a stay order on its eviction and appeared confident of its legal position even as the government declared that it would disregard the ruling and proceed with the eviction as planned.

On December 6, a day prior to its eviction, the government successfully appealed the injunction in the Supreme Court of Singapore. Chief Justice Sundaresh Menon declared that “the Maldives government has the power to do what it wants, including expropriating the airport.”

That verdict, effectively legalising the sovereign eviction of foreign investors regardless of contractual termination clauses or pending arbitration proceedings, was “completely unexpected”, according to one GMR insider – “the lawyers are still in shock”, he said at the time.

A last ditch request for a review of the decision was rejected, as was a second attempt at an injunction filed by Axis Bank, GMR’s lender to the value of US$350 million.

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Police ask PG to press charges against motorists involved in Gasim’s death: no mention of police involvement

Police submitted a case to the Prosecutor General’s office on December, asking it to press charges against the motorist and the passenger on the speeding motorcycle involved in the death of bystander Abdulla Gasim Ibrahim on August 17.

In a press release issued on December 15, police stated that the persons alleged to have caused the death of Gasim were 21 year-old Ahmed Nadhee Saleem, of NooruhSabah on Gemanafushi in Gaafu Dhaalu Atoll and an unnamed 17 year-old boy.

Although previous police accounts stated that the two persons had been speeding on a motorcycle after stealing a mobile phone from an expatriate, the latest press release adds that the motorcycle being driven by the two was also stolen property.

The statement reads: “The request to press charges against these two persons has been sent to the Prosecutor General with relation to the events of August 17, at a time of which day these persons stole a motorcycle parked in front of Twilight Rivery in Henveiru ward, drove it at very fast speeds, stole a Nokia mobile phone from an expatriate who was standing near what was formerly known as the Bond Street shop, ignored orders from police at the scene to stop, and continued speeding despite attempts by police officers to stop them, resulting in a collision with a parked motorcycle on Orchid Magu near the Justice Building, causing severe injury and the ensuing death of the motorist on the parked motorcycle.”

The statement makes no mention of the police officer who was shown in leaked CCTV footage of the incident to have struck the fleeing suspects with his baton, causing them to collide with Gasim.

Police cover-up

The leaked video of the incident, which has been making rounds on social media since the beginning of December, shows a policeman stepping in front of the speeding motorcycle and hitting the motorcyclist on the head with a baton.

The victim’s family has also previously written to the Police Integrity Commission alleging that there was police involvement in the death of Gasim, describing the event as was later publicly seen in the leaked video. The family has said that it has so far not received any official response from the commission.

Despite the video evidence, police are now pressing charges against the cyclist and the passenger, while no mention of police involvement which led to the death was mentioned in the press statement.

Police Media Official Sub-Inspector Hassan Haneef was not responding to calls at the time of press.

Minivan News also tried contacting PIC President Abdulla Waheed, whose phone was switched off at the time of press.

PIC Director General Fathimath Sarira stated that the commission would be able to comment on the matter on Thursday, and that they had no comment for the time being.

On December 3, Sarira had confirmed that the commission was looking into the allegations of police involvement in the incident, stating that the ‘investigations are nearing conclusion’.

Meanwhile, the Maldivian Democratic Party (MDP) has submitted a motion to parliament, requesting the Committee on Oversight of the Executive review the case.

Prosecutor General Ahmed Muizzu was unable to speak to Minivan News today.

Human Rights Commission of the Maldives (HRCM) President Mariyam Azra was also not responding to calls, while HRCM Vice President Ahmed Tholal and member Jeehan Mahmood had their phones switched off.

Warning: Some viewers may find the following footage disturbing

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ACC to investigate alleged violations of public finance law by Prosecutor General’s Office

Parliament today approved a decision by the Finance Committee to instruct the Anti-Corruption Commission (ACC) to investigate alleged violations of public finance law by the Prosecutor General’s Office (PGO).

The decision was made in a report (Dhivehi) forwarded by the Finance Committee after studying violations of the Public Finance Act and regulations under the law flagged in the PGO audit report for 2010.

Reviewing audit reports and recommending measures to be taken by the relevant authorities is part of the mandate of the public accounts oversight committee.

The Finance Committee decision was approved with 51 votes in favour and two abstentions.

The audit report found that the PG office spent a total of MVR 145,596 (US$9,706) in violation of the Public Finance Act.

Among the cases uncovered in the audit that the ACC was asked to investigate, the PGO was found to have spent MVR 40,745 (US$2640) in additional expenses for interior design after moving to its new offices, without an agreement on price and quality of the work as required by section 8.21 of the public finance regulations.

Moreover, the PGO spent MVR 45,938 (US$3000) on an official dinner to participants of an e-crime conference participants in June 2010 without a publicly-announced bidding process.

The Finance Committee decided to send both cases to the ACC for investigation and inform the PGO to take measures to remedy the matters identified in the audit report.

The committee also decided that the Prosecutor General had breached article 17 and 20 of the constitution on non-discrimination and equality before the law as the office has prosecuted cases where the public finance regulations were similarly violated.

After the committee report was passed at today’s sitting, some MPs contended that Prosecutor General Ahmed Muizz would have to be removed from his post due to the decision.

However, Deputy Speaker Ahmed Nazim – also chair of the Finance Committee – said that Muizz would not be dismissed as the process specified in the constitution had to be followed to remove appointed officials at independent institutions.

Meanwhile, in a press release last week, the PGO said it would “always welcome” investigations by other state institutions into alleged violations of the constitution and laws by the office.

The PGO’s statement also assured that the office would provide “full cooperation” for the investigation.

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State Finance Minister warns National Movement will “break up” parliament

Minister of State for Finance Abbas Adil Riza has accused Parliamentary Speaker Abdulla Shahid of “challenging” the Supreme Court after he tabled a no-confidence motion despite an injunction from the court.

Riza’s comments follow parliament’s announcement last week that a no-confidence motion against Defence Minster Colonel (Retired) Mohamed Nazim has been tabled despite a Supreme Court injunction ordering parliament to halt all pending no-confidence votes.

Speaking at the artificial beach on Monday (December 17) Riza, who is also a National Movement Steering Committee member, said that Shahid’s decision to “challenge” the Supreme Court was a “cowardly act”.

“Unless Shahid immediately ceases his efforts to violate the constitution while holding the post of Speaker of Parliament, the National Movement will ensure that this comes to a stop,” local media reported Riza as saying.

Furthermore, Riza warned that should the parliament try to violate the constitution, the National Movement will “break up” the parliament.

Last week, the People’s Majlis secretariat revealed that Defence Minister Nazim has been given the required 14-day notice and his ministry also duly informed by Speaker Abdulla Shahid.

Repsonding to Riza’s comments, Majlis Deputy Speaker and fellow PA MP Ahmed Nazim said that the Parliament has not challenged the Supreme Court’s injunction, noting that it has given the full 14 days notice to the court as per stated by the law.

“We believe there is still time for Supreme Court to lift the temporary injunction, and I believe they will not see this as the parliament challenging the court.

“After 14 days, the motion will be put up on the agenda for discussion by party leaders. If the injunction remains then there is a possibility for party leaders to challenge the court,” Nazim told Minivan News.

Article 101(a) of the constitution states, “At least fourteen days notice of the debate in the People’s Majlis concerning a motion under article (a) shall be given to the concerned member of the cabinet, and he shall have the right to defend himself in the sittings of the People’s Majlis, both orally and in writing.”

When asked if there was concern from parliament over Riza’s comments, Nazim revealed that the institution as a whole did not feel threatened, however there had been “concern” expressed by individual parliamentary members.

“The institution is protected by the constitution and we have protection from the Maldives National Defence Force (MNDF), however at least one individual has told us he feels threatened and believes that security needs to be increased.

Abbas Adil Riza was not responding to calls at time of press.

On December 3, parliament voted 41-34 to approve amendments to the parliamentary rules of procedure to conduct no-confidence votes to impeach the President and remove cabinet members through secret ballot.

MPs of the government-aligned Jumhooree Party (JP) and Dhivehi Rayyithunge Party (DRP) joined the formerly ruling Maldivian Democratic Party (MDP) to vote the amendment through.

The no-confidence motion against Defence Minister Nazim was submitted by the MDP earlier this month on the grounds that he misused his authority as acting Transport Minister by using the military to influence termination of commercial contracts.

No-confidence motion against Home Minister Dr Mohamed Jameel Ahmed

Meanwhile, a no-confidence motion has again been submitted against Home Minister Dr Mohamed Jameel today (November 17).

The Maldivian Democratic Party (MDP) submitted the same motion to parliament on a previous occasion, but withdrew it at the last minute after the voting was scheduled for parliament.

An MP told local media that this latest motion was submitted with 17 signatures including the signatures of MDP MPs, however this has yet to be officially confirmed.

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MDP forwards no-confidence motion against Home Minister

The Maldivian Democratic Party (MDP) has forwarded a no-confidence motion against Home Minister Dr Mohamed Jameel, for the second time.

This is the second time the MDP has submitted a no-confidence motion against the Home Minister. The last time the motion was submitted the MDP withdrew the motion for unexplained reasons.

A statement issued by the MDP today accused the Home Minister of failing to control civil peace and order in the country, which it said had led to the loss of eight lives.

The MDP further referred to an incident in which a man on a motorcycle was killed after a police officer struck a second motorcyclist with his baton, causing him to collide with the first.

Police at the time did not reveal the involvement of the police officer in the death of the bystander. Video footage of the incident was subsequently leaked to the media.

The MDP alleged that Home Minister Jameel had tried to cover up police involvement in the death.

The no-confidence motion was signed by 17 MDP MPs.

Last week the parliament tabled a no-confidence motion filed against Defence Minister Colonel (Retired) Mohamed Nazim,despite a Supreme Court injunction ordering parliament to halt all pending no-confidence votes.

The People’s Majlis secretariat revealed that Defence Minister Nazim has been given the required 14-day notice and his ministry also duly informed by Speaker Abdulla Shahid.

A no-confidence motion against the President is also in the parliament awaiting scheduling.

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Fault in Laamu Kadhdhoo aiport’s only fire truck causes operations to halt

The only fire truck at Laamu Kadhdhoo airport failed to start this morning causing airport operations to come to a halt.

Due to a fault in the fire truck, Ahmed Ali, who is currently in charge of the airport, said it had not been possible for any aircraft to land at the airport since 9:30am.

Operations were also suspended yesterday due to the same problem.

“We only have one fire truck. The truck has failed to start, so operations have been suspended,” Ali told local media.

While efforts to repair the truck were underway, Ali said that some of the equipment required to repair the truck was not at the airport.

According to Ali, airport operations are to resume by 8:00pm tonight (December 17).

Aviation law prohibits airplanes from landing at an airport without the presence of an operational fire truck.

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“There was a legitimate contract signed. We are disappointed”: Malaysian Trade Minister

The Malaysian government has expressed “disappointment” at the scrapping of the Maldives’ “legitimate” contract with the GMR-Malaysia Airports Holdings Berhad consortium.

Indian media reported that Malaysian Prime Minister Najib Tun Razak was scheduled to visit New Delhi towards the end of the week and would likely be discussing the matter with Indian Prime Minister Manmohan Singh.

Malaysia’s Consul General in Chennai, Citra Devi Ramiyah, told reporters in Delhi that it was too early to speculate whether MAHB would seek compensation from the Maldivian government, which voided the GMR-MAHB concession agreement and ordered the company to leave by December 7.

The government had earlier dismissed a stay order for the eviction granted by the arbitrators – the Singapore High Court – as an affront to the country’s sovereignty. A day before the end of the seven day notice period, the injunction was dropped on appeal after Chief Justice Sundaresh Menon of the Supreme Court of Singapore declared that “the Maldives government has the power to do what it wants, including expropriating the airport.”

Ramiyah told reporters that the Maldivian government had shown its intention “to do the project on its own and [was] willing to compensate financially. So, it is very early for us to comment.”

Malaysian Minister of International Trade and Industry Seri Mustapa Mohamad was more concerned, according to the Economic Times, and expressed hope that the Maldives would reconsider its decision to evict the investors.

“In Male we have enjoyed very close ties with the previous government for many years. The Maldives is 100 per cent Muslim country. Of course, with the new government the lesson for us is we should be more careful, more due diligent,” Mohamad said.

“We want our investments to be protected. There was a legitimate contract signed. We are disappointed,” he added.

GMR meanwhile handed over the duty free stores today after being ordered to do so by the government.

“GMR has vacated the duty free shops at the airport. So since they’ve cleared their goods, no services will be provided from the shops,” Maldives Airports Company Limited (MACL) Rahmathullah Ashraf told local media.

Andrew Harrison, CEO of GMR Male International Airport – GMR’s side of the voided airport development – dismissed claims in local media that the company had “stripped” the duty free store ahead of the handover.

“We were asked to close duty free by the 17th. It is not true we have stripped duty free. We have destocked and in some cases returned goods to suppliers, or found buyers through appropriate customs procedures,” Harrison said.

GMR had sought a smooth transition after being ordered to handover the airport “as we did not want passengers or carriers to suffer,” he said. “The only area left where we [were] active was duty free.”

GMR staff had begun returning to India, particularly those involved in the construction of the new terminal after the cancellation of the contracts to build it, he said.

The government has not yet declared what it intends to do with the foundations of the abandoned terminal project, built on 60 hectares of reclaimed land on the other side of the airport island.

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Sick Indian prisoners in the Maldives denied treatment: The Hindu

More than a year after India and the Maldives signed an agreement on transfer of convicted prisoners, as many as 14 Indian inmates in the archipelago are losing hope of being transferred to prisons in their country, reports Indian newspaper The Hindu.

“We have no problems. From our side, there is no delay. We welcome India taking back sentenced prisoners,” a Maldivian official told The Hindu last week, when asked about the delay in paperwork.

Just as in the case of 33 Indian prisoners in Sri Lanka, the Indians in Maldives prisons are also at the receiving end of Indian bureaucracy. But unlike in the case of Indian prisoners in Sri Lanka, most of the 14 prisoners in the Maldives are ill and have almost no access to treatment. Access to treatment for most islanders in the Maldives consumes time, energy and money. Vacancies for specialist-doctors exist even in the country’s main hospital, the Indian-built Indira Gandhi Memorial Hospital, Male.

“I do not know what my disease is,” said a woman prisoner who has been jailed in the Central North province of Maafushi, in Kaafu Atoll. “After I have been brought to Maafushi, I have never met a doctor. Every month, they take me to Male and bring me back. Soon after that they take a signature of mine in a paper with something written in Dhivehi [the official language of the Maldives],” said the woman, in a letter to the Indian High Commissioner in the Maldives.

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