Tag: maldives news

Supreme Court rules in favour of Gayoom appointees to the former parliament

Supreme Court has ruled in favour of eight appointees to the 16th parliament on 13 March 2012, citing that their removal was unconstitutional and ordered the salaries of these appointees be paid from the time of their removal until the new parliament convened.

Formerly, the Maldives’ parliament had eight appointees to the parliament by the president, according to the old constitution. When former President Mohamed Nasheed was sworn in to the office, he removed the eight MPs appointed by his predecessor Gayoom and replaced them with his own set of appointees. This was before the parliament was elected under the new constitution. The election took place on March 9, 2009.

The removed appointees argued that their removal was against the newly ratified constitution of 2008’s article 294 and had initially filed the case in Supreme Court on 12 November 2008, by MP Rozaina Adam and MP Ahmed Mahloof, both who are currently sitting elected MPs.

The article 294 clause (a) of the constitution which is under the ‘Transitional Matters’ chapter states: “The People’s Majlis [Parliament] in existence at the commencement of this Constitution shall continue until such time as the first elections of the People’s Majlis under this Constitution are held, and election of members and assumption of office by the members.”

However the case was later sent to the Civil Court and the court ruled in favor of Nasheed’s government stating the president had the authority to remove the members and appoint his own until the first parliamentary elections is held under the ratified constitution.

The case was later appealed in the High Court on January 4, 2009. The High Court also supported the Civil Court’s verdict and upheld the ruling on 08 February 2009.

The parties then filed to appeal the case to Supreme Court on April 12, 2009.

In the Supreme Court Ruling, a 3 to 2 majority decision was reached by the five member bench which consisted of Chief Justice Ahmed Faiz Hussain, Justice Abdullah Saeed (former interim chief justice), Justice Abdullah Areef, Justice Ali Hameed Mohamed and Justice Dr Ahmed Abdullah Didi.

Chief Justice Ahmed Faiz Hussain and Justice Abdullah Areef had a deferring opinion which was in support of the High Court Ruling.

Nasheed removed the appointees on 11 November 2008, just a few hours after he was sworn in.

With the Supreme Court ruling, the 8 MPs will now be paid the salary of an MP from the time of their removal until the next parliament was elected on May 9, 2009.

According to the parliament secretariat, salary of an MP at the time of the removal of appointees was RF 62,500 (USD 4053).

If the former MPs are to be paid according to the Supreme court ruling, they are entitled to get the salary of seven months which would be counted from the day they were removed (11 November 2008) to the convening of the first session of the 17th parliament (27 May 2009).

This means each of these parties would receive a sum of RF 437,500 (US$28,372).

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Youth Alliance plans march for solidarity: “no politics” plead organisers

The Maldives’ Youth Alliance has asked all Maldivians to take a break from politics for two hours when it holds its first rally on Saturday.

This new group is asking participants in Saturday’s walk from the social centre to the carnival in Male’ to wear white to symbolise peace. The march will also include traditional features such as Bodu-beru.

It has been requested that the event is not politicised in any way – the event’s organisers would rather politics was not discussed at all, they claimed.

The Youth Alliance has stressed its non-aligned status, strongly rejecting any attempts to affiliate it with any political party.

“We hope that from 4-6pm on Saturday, people can think of other important things,” said a Youth Alliance representative.

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Police arrest 17 people on Thinadhoo in wake of February 8 protests

Police Sub-Inspector Ahmed Shiyam has confirmed the arrest of 17 people on Thinadhoo in Gaafu Dhaalu Atoll, who were involved in vandalising property and creating unrest in the island on February 8.

‘’Those people are people whom we have pictures and video footage of their involvement in the incidents that day,’’ Shiyam said.

Shiyam said when police attempted to arrest some of the suspects, other islanders obstructed police.

‘’But now they are all cooperating with the police,’’ he said. ‘’All persons arrested will have all the rights guaranteed to them by law.’’

Shiyam said details of the detainees could not be given.

Thinadhoo Island Council President Ali Naseer told Minivan News that police started arresting Maldivian Democratic Party (MDP) supporters yesterday.

‘’They deployed forces from Fuvamulah and Addu City and arrested 12 MDP supporters yesterday,’’ Naseer said. ‘’Today they have deployed more police officers from Male’ and have arrested nine MDP supporters.’’

Naseer claimed that the total number of persons arrested were 21.

‘’They are taking all the detainees to Villingili in Gaafu Alifu Atoll police custodial, but six arrested remains in Thinadhoo custodial,’’ Naseer said. ‘’Police are obtaining information from Progressive Party of Maldives (PPM) supporters on this island and have not contacted any government institution in the island.’’

He said MDP supporters yesterday found out that police senior officers were having a meeting with PPM senior officials in the island and MDP supporters went there and there was a some unrest.

‘’This is very much politicised,’’ he claimed. ‘’The council tried to discuss the issue with the police but the police replied that they did not need to discuss with the council and that they have the authority to arrest persons.’’

He also said police were using vehicles owned by PPM supporters, which were recently used to attack MDP supporters in the island.

On February 8, Protestors on Gaaf Dhaalu Atoll Thinadhoo set fire to the police station, magistrate court, atoll council office, and all police vehicles. Nine policemen were attacked and subsequently treated at the Thinadhoo Regional Hospital. Police officials that time declared the area unsafe for local policemen as “MDP supporters have threatened to attack the residences of policemen.”

Thinadhoo is a fiercely independent island and has reportedly blocked police access to the jetty on several occasions since the civil unrest of February 8, sparked by a brutal police crackdown on protesters in Male’ and false rumours of deaths circulated in the aftermath

Independence remains a sensitive subject for the southern atolls, particularly Addu, which in 1959 led the formation of a short-lived break-away nation called the United Suvadive Republic, together with Huvadhu Atoll (including Thinadhoo) and Fuvahmulah.

This was crushed in 1962 when Thinadhoo was destroyed on the orders of then-President Ibrahim Nasir, and the island of 4800 depopulated.

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Anti-Corruption Commission releases annual report: state owed RF 91 million

The Anti-Corruption Commission (ACC) has revealed that the state is owed Rf91million based on the cases it has forwarded to the office of the Prosecutor General (PG).

In its yearly report the ACC revealed that only one of twenty-six cases sent to the PG’s office last year had been settled in court.

The ACC President Hassan Luthufy said that most cases received by the commission had been ‘petty corruption’ cases and would be put aside in order to focus on more serious allegations of graft such as that of government institutions, the People’s Majlis in particular.

“For the year 2012 we’re gearing more towards investigating serious corruption cases rather than such petty cases. I think it would give out an effective message to those who are inclined to commit serious acts of corruption,” Luthufy said.

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Police officers to be tested for alcohol and drugs

Police Commissioner Abdulla Riyaz has said that a new department has been established to test police officers for urine and alcohol after media reports of police being drunk while on duty.

Riyaz said police officers will be randomly picked for the urine test and that police officers will always be tested to see if officers use any illegal drugs or alcohol.

Riyaz said this was to strengthen police professional standards and to increase public confidence in the police.

He told the press that this new policy was not established because there have been issues with the police, but to ensure all citizens that police officers on duty are there only for the safety of the citizens.

Riyaz said although this was new in the Maldives it had been done in other countries.

Earlier this month Maldivian Democratic Party (MDP) Spokesperson Imthiyaz Fahmy alleged that many police officers in riot gear to control a MDP protest “were drunk” and some fell to the ground “while others were seen vomiting.”

Imthiyaz further alleged that police officers had forced MDP activists to drink alcohol.

A police official told Minivan News that time the accusations were baseless: ”It would be better to report these allegations to the Police Integrity Commission (PIC) or some other independent institution to investigate, rather than making false accusations,” the police spokesperson said.

Recently police arrested 13 people after clashing with demonstrators at the Maldivian Democratic Party (MDP)’s ongoing protest.

MDP supporters alleged that police officers were drunk and were very violent that night. Several protesters alleged that police officers stabbed them and that officers were armed with small bayonet knives.

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“No progress” in “disappointing” meeting with President Waheed, says MDP

President Dr Mohamed Waheed Hassan this morning met with Maldivian Democratic Party (MDP) Parliamentary Group leader Ibrahim Mohamed ‘Ibu’ Solih, who has been representing the party at the India-sponsored all-party roadmap talks.

While a seven-point agenda – including the subject of early elections – was established during the roadmap talks, the order of preference was not, and the talks subsequently stalled with the withdrawal of the Dhivehi Rayithunge Party (DRP), Jumhoree Party (JP), Adhaalath Party (AP), and the Progressive Party of the Maldives (PPM) following MDP’s disruption of Dr Waheed’s address to parliament.

The MDP has also been holding separate, closed-door talks with the DRP, after previously challenging the involvement of parties such as the PPM and AP, which it argued had no electoral mandate. Together the DRP and MDP control a two-thirds majority of parliament, capable of forcing through legislation, constitutional amendments and even impeachments.

In a statement to the media on Wednesday following his meeting with Dr Waheed, Solih said “I don’t believe the former Vice President Dr Mohamed Waheed is willing to seek an agreement, that both parties can agree to through peaceful dialogue.”

Solih said the MDP was “concerned” about the current state of political affairs in the Maldives, and contended that despite criticism to the contary, had attended all meetings requested by the current administration “and worked hard to find a peaceful solution [to the current political crisis].”

“No progress” was made in the meeting with Waheed, the party stated.

“It is disappointing that former Vice President, Dr. Mohamed Waheed Hassan Manik does not seem prepared to find a peaceful means to achieve a solution that is acceptable to all,” said Solih.

Dr Waheed’s Press Secretary Masood Imad referred Minivan News to Dr Waheed’s spokesperson Abbas Adil Riza, who was not responding at time of press.

Speaker of the Majlis Abdulla Shahid meanwhile declared that parliament would reconvene on Monday March 19, despite the failure to reach an agreement with the MDP. The party’s MPs barricaded themselves inside the chamber on March 1, preventing Shahid from entering and Dr Waheed from giving the presidential address.

That evening, Shahid held a press conference and announced he had cancelled the session because he was unable enter the chamber despite several attempts, and on one occasion had fallen and injured himself. Given the current political tensions, Shahid said he was unable to guarantee the safety of members and had decided to proceed through negotiation, rather than force.

MDP has not made any official announcements on what it plans to do, however one grassroots MDP supporter said following the failure of negotiations, the party would continue to block “the coup leader” from addressing parliament.

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Male’ City Council gives tsunami monument area to MDP until end of June

Male’ City Council has extended the duration given to Maldivian Democratic Party (MDP) to continue its protest at the tsunami monument area, reports online newspaper ‘Sun’.

Sun reported that the Council today decided to give the area to the MDP until the end of June this year.

The council first gave the area to MDP until the end of March.

The MDP is protesting the ousting of former President Mohamed Nasheed in what the party says was a military and police-led coup, funded by several opposition politicians and resort owners.

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HRCM to conclude investigation into the arrest of Judge Abdulla Mohamed before April

The Human Rights Commission of the Maldives (HRCM) has said the commission will conclude its investigation into the arrest of Criminal Court Chief Judge Abdulla Mohamed before the end of the month, and forward the findings to the Prosecutor General.

HRCM Member Ahmed Abdul Kareem told the press that the case took so long because some of the people involved “did not cooperate with the commission.”

Kareem told the press that all the statements would be finished by the end of next week, and that before the end of this month the case will be sent to the Prosecutor General (PG).

President of HRCM, Mariyam Azra, today told Minivan News that the commission was hoping to conclude the investigation before next month.

She said she could not confirm whether all the persons involved in the case were cooperating or not.

”Its a different team investigating the case and Ahmed Abdul Kareem is the only commission member in the investigating team,” she added.

Meanwhile, Police Sub-Inspector Ahmed Shiyam told Minivan News that police investigation in to the case was ongoing as well.

‘’We are still investigating the case and will send the case as soon as the investigation is concluded,’’ Shiyam said.

He also said former President Mohamed Nasheed “has not cooperated with the police.”

Local media Sun Online reported that police have decided to close the case and send the case to the Prosecutor General without including any statement from Nasheed because he had not cooperated with police.

Nasheed had been given the opportunity to give a statement to police at any time he wished, but he had not used the opportunity, Sun reported.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

PG Muizz ordered an investigation by HRCM, and said it would evaluate the situation following the commission’s findings.

The first complaints filed against Chief Judge of the Criminal Court Abdulla Mohamed in July 2005 included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused. The complaints were first made by then Attorney General, Dr Hassan Saeed, now President Dr Mohamed Waheed Hassan’s political advisor.

Six years of similar complaints later, the judicial crisis leading to President Nasheed’s downfall was triggered after Abdulla Mohamed filed a case in the Civil Court granting him an injunction halting his further investigation by the Judicial Services Commission.

This was following by a High Court ruling against his police summons on January 16, prompting police to request the Maldives National Defence Force (MNDF) take the judge into custody.

Then Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

At the time Vice President of the Maldives, Dr Waheed  opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”

Nasheed’s government then requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Foreign Minister Ahmed Naseem said at the time that the JSC’s shortcoming are “now an issue of national security.”

“We have been working to improve the judiciary since we came to power, but we have not succeeded,” said Naseem. “We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” he explained.

On February 7 Nasheed resigned “under duress”, after police joined opposition protesters in assaulting the main military base in Republic Square, vandalising the MDP headquarters, and taking over the state broadcaster.

A subsequent police crackdown on protesters on February 8, including women and the elderly, hospitalised many and triggered a surge of public and MDP-led animosity against the police and the new government.

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RF46 million needed to cover damage to court buildings: DJA

A total of Rf46 million (US$3 million) will be needed to repair the damages caused to seven courts in different islands of the the southern most three atolls during the political unrest on February 8, the Department of Judicial Administration (DJA) has revealed.

During intense political tensions which erupted across Maldives on February 8  after the security forces brutally cracked down on a peaceful march of the former ruling Maldivian Democratic Party (MDP), police buildings and courts were torched and vandalised by protestors on several islands.

In a statement released on Tuesday the DJA said that four courts in Seenu atoll were damaged, including magistrate courts on Hithadhoo, Maradhoo, Feydhoo and Hulhudhoo-Meedhoo.

The magistrate court in Fuvahmulah and two courts on islands Rathafandhoo and Thinadhoo of Gaaf Dhaalu atoll were also damaged extensively in the attacks which has been blamed by the government on MDP supporters.

A total of Rf46 million is needed to replace furniture and machinery out of which repair costs account to almost Rf485,00, Rf1.8 million on furniture and the remaining Rf5.4 million will cover the cost for new equipment, according to the statement.

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