Tag: maldives news

Qatar flight delayed in payment dispute over ground handling charges

A Qatar flight scheduled to fly to Doha on Sunday night was refused permission to depart Ibrahim Nasir International Airport (INIA) following the airline’s ongoing refusal to pay increased ground handling charges.

The move came after the airline’s CEO Akbar Al Baker last week was recently reported as stating that Qatar would re-consider flying to the Maldives if airport operator GMR insisted on a 51 percent increase in ground handling charges.

“If we or any other major player withdraws services because of these unwarranted and draconian measures, it will be the people of the Maldives who will lose out, affecting their livelihoods as they rely heavily on the tourism industry,” Al Baker said.

Minivan News reported yesterday that GMR had requested that Qatar pay cash for the day’s flights.

INIA CEO Andrew Harrison told Minivan News today that the flight had been refused permission to depart due to the airline’s lack of payment of the revised charges.

The flight was delayed an hour and 20 minutes, he said, before GMR allowed it to depart “on compassionate grounds. There were women and children on board and passengers with international connections to make, who were being inconvenienced through no fault of their own,” he said.

Minivan News understands that GMR is currently in talks with several airlines regarding back payment of the increased charges. The company has said it will release a formal statement later in the week.

“MACL (Maldives Airport Company Limited) announced the revised charges in February 2010, after 14 years without increases,” Harrison said. “The charges are still below those for the same aircraft sizes at other airports in the region.”

MACL’s revised charges came into effect on 1 November 2010, Harrison explained. “They had an obligation to give six months notice, and they gave nine. We took over on 25 November. We included [the revised charges] as part of our business and revenue.”

Qatar’s Country Manager for the Maldives Sayed Mohammad Tariq said the matter was being dealt with at head office level by the airline’s senior management.

“Qatar’s CEO made his position very clear. We have nothing to say at station level,” he told Minivan News.

Morning and evening flights on Monday were cancelled. However Tariq said no decision had been made to cancel future flights which remained in the airline’s booking system.

The airline was today taking care of passengers affected by the payment dispute, he said. “We are taking care of all passengers and putting them on other flights.”

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Maldivian couple held three months in Indian jail over visa issue

A Maldivian couple have been detained in India over a visa issue for more than three months, reports Haveeru.

The paper reported the couple’s son as telling the paper that his parents had asked another Maldivian woman to renew their visa when it was about to expire, and that they had stayed on relying on the documents that were handed to them by the woman. The documents were subsequently identified by Indian police as counterfeit.

The Foreign Ministry told the paper that officials at the Maldivian Embassy had visited the couple. Their case was currently in court and that they could not return to the Maldives until the court concluded the case, the Ministry said.

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Police use tear gas to disperse opposition and ruling party protesters as demonstrations continue

Police last night used tear gas to disperse a crowd of protesters who had gathered in an ongoing series of protests, held following the arrest of Criminal Court Chief Judge Abdulla Mohamed by the military.

Opposition protesters gathered near the Dhivehi Rayyithunge Party (DRP) office opposite the artificial beach, while  Maldivian Democratic Party (MDP) supporters also gathered in the area.

The two groups shouting at each other over loudspeakers until midnight, accusing the other side of corruption along with other allegations.

At one point, according to local newspapers Haveeru and Sun, MDP protesters accused President of the Adhaalath Party Sheikh Imran Abdulla of sleeping with his sister-in-law, to which the Sheikh responded over his loudspeaker, “swearing by God” that the allegation was false and saying he would file for defamation.

Police attempted to enter the DRP head office several times, but were blocked by officials inside who denied then entrance without a court warrant.

After midnight police warned both groups of protesters to leave the area. After warning both sides several times, police threw tear gas canisters into the crowd, which dispersed.

Before the protest was dispersed, opposition protesters announced that they would gather again tonight.

A police spokesperson told Minivan News that police had asked both groups to leave the area.

”We warned them at 12:00am and then dispersed the protest,” he said. “We have not received any information that any person was injured except for a woman who suffered minor injuries.”

He said seven persons who disobeyed police orders were arrested, and one was released.

”The other six persons are still in police custody,” he added.

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MDP proposes bill to reform judiciary, reappoint higher courts

The ruling Maldivian Democratic Party (MDP) has proposed a bill to amend the Courts Act (22/2010) which would reduce the number of judges on both the benches of the Supreme Court and High Court if passed.

In a press released issued by the party’s parliamentary group, amendments have been proposed to article 5 and article 27 of the Courts Act which dictates the number of judges on the benches.

The first amendment proposes changing clause (a) of the article 5 of the Courts Act, reducing the Supreme Court bench to five judges inclusive of the chief justice. The amendment would also dissolve clause (a) of the article 16 in Judges Act (Act 13/2010).

The second amendment proposed reducing the High Court bench to seven judges, inclusive of a chief judge.

The current Supreme Court has a bench of seven judges, including the chief justice, while the High Court consists of nine judges including the chief judge of the High Court.

The bill also states that once it is passed and ratified, the judges for the Supreme Court and the High Court should be reappointed within 30 days.

MDP Spokesperson and MP Imthiyaz Fahmy stated that the bill was proposed because the ruling party believes that the Supreme Court and the High Court have been inefficient in finishing cases, and that it is not feasible to have a large bench of judges if the efficiency of the courts were below expected standards.

“Only 31 percent of the cases submitted to the Supreme Court in 2008 were actually finished while the remaining 69 percent remained pending. In other countries with similarly-sized benches the same number of judges finish more than 90 cases annually,” Fahmy said.

Fahmy also said that the MDP is not seeking to remove specific judges from the bench,and that instead the intention was purely to reform the judiciary and ensure the people had free and fair access to justice.

The MDP was confident that the bill would pass despite neither the opposition or the ruling party having an absolute majority, Fahmy said.

Prominent lawyer Ali Hussain raised doubts about the sincerity of the MDP parliamentary group’s decision considering the timing of the proposal. Hussain claimed the government had a majority in the JSC and the parliament for six months [referring to the 16th parliament which ended its term in February 2009 after the general elections] and had done nothing to reform the judiciary.

Independent MP for Kulhudhuhfushi, Mohamed Nasheed, was reported saying in the local media that the bill to amend the Act was an attempt by the government and the ruling MDP to intimidate the current sitting judges of courts of the Maldives. Fahmy denied the claims.

The MDP recently launched a campaign to reform the judiciary. The government subsequently took Chief Judge of the Criminal Court Abdulla Mohamed into military custody maintaining that Judge Abdulla posed a threat to the wellbeing of the society.

Tempers have flared across the capital Male’ with an ongoing series of opposition-led protests calling for the government to uphold the constitution and release the chief judge.

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Maldives facing serious constitutional crisis: Eurasia Review

There is no doubt that the judiciary in the Maldives is in a mess with many unqualified and incompetent people having made it into the judiciary in the void created during the transition period, writes Dr S. Chandrasekharan for the Eurasia Review.

“The ICJ report of July 2010 pointed out the legacy of an authoritarian past in which the President was the supreme judicial architect that has tested the transition.

“Another factor which inhibited proper selection was that the Judicial Service Commission failed to fulfill the constitutional mandate of properly vetting and reappointing the judges. Even the composition of the commission was questionable. Imagine Gasim Ibrahim being a member – he is a politician and leader of one of the active political parties. He has extensive business interests and there will be an unavoidable clash of interests.

“In the year 2005, the then Attorney General and now a leader of the DQP has himself reported against the judge and the allegations included misogyny, sexual deviance, throwing out an assault case despite the confession of the accused. The Judicial Commission took its own time to enquire into the allegations and meanwhile the judge approached the civil court and stopped the enquiry!

“The judge would have got away with all this but what triggered the anger of the government was that he issued orders for immediate release of two persons from custody – Dr Jameel, the Vice President of DQP and Sandhaanu Didi for asserting in a private broadcasting station that the government was working with the Jews and Christian priests and encouraging vice. Didi went further and made personal attacks against President saying that the President was a madman and a Christian!

“Confronted by the police, the two were not able to substantiate the allegations and were therefore taken into custody under 125 of penal code which said that a ‘person can be punished for making a fabricated statement or repeats a statement whose basis cannot be provided.’

“The Chief Judge of the Criminal Court Abdulla Mohamed ordered the immediate release of the accused and the Police with the help of the MNDF in turn arrested the judge of the criminal court.
Police Sources say that the Judge was arrested for unethical conduct in obstructing the Police in exercising their responsibilities to preserve law and order in the society.

“The High Court ordered the release of the judge stating that the arrest was illegal. The Chief Justice Ahmad Faiz and the Prosecutor General also issued orders for the immediate release of the judge.

“The JSC (Judicial Service Commission) also issued a press note that it is not in the jurisdiction of the armed forces or the Police to take action against the judge.

“The Vice President has in his blog has said that the arrest is against article 319 of the “Universal Declaration of Human Rights. Further it is against the international covenant of civil and political rights and international convention for the protection of all persons from enforced disappearance. He suggested that the judge should be released and then make the JSC fulfill its responsibilities.

“The Secretary General of SAARC and a former attorney General Fathimath Dhiyana Saeed, the youngest and the first female Secretary General, condemned the arrest in a television programme and said that it is a “violation of individual human rights, a violation of independence of the judiciary and a violation of the constitution.” She has put in her resignation papers after the broadcast.

“A team of lawyers filed a case against MNDF in the High Court over the illegal arrest of the judge. A case has also been filed in the International Court of Justice over the arrest.

“President Nasheed appears to be unrelenting and has justified the arrest. He has separately approached the UN for help in cleaning up the judiciary- immediate issues and the long term issues that includes the failure of the judicial accountability mechanism in the constitution.

“It looks that President Nasheed has over reached himself in firstly arresting and in refusing to release the judge when the overwhelming public opinion is against taking such a drastic action. He should have taken this strong stand last year during the transition when some of the judges appointed by the previous regime were found not having “high moral character, educational qualifications or competence.”
One of the charges against the judge now arrested was that in 2005 he was alleged to have requested the under age victim of molestation to re enact her abuse in court. The charge could not be enquired into by the judicial service commission as the judge got a stay order from the civil court.

“By this one act of arrest, President Nasheed is likely to antagonise all his admirers and sympathisers. Earlier it is undone, better it would be for all concerned.”

Full story

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Amana Takaful opens shares for trading Feb 8

Amana Takaful has announced that its initial public offering (IPO) of 800,000 shares will open for trading on the February, along with a further 11,441,187 bonus shares.

The Sri Lanka-based sharia-compliant insurance company had previously announced an IPO of 800,000 shares in September last year.

General Manager of Amana Takaful, Hareez Sulaiman, said in a statement that the total number of shares issued were 20,241,987.

“The Maldives economy, no doubt, has huge potential for growth, but needs foreign and local investments,” Sulaiman said.

“An active stock market is what will attract this investment. Therefore, we expect not only our valued shareholders but also other individuals and corporates to actively take part in the stock market.”

The company had previously shared its hopes of generating Rf16 million (US$1.4 million) in proceeds through the IPO, by selling shares at a low issue price of Rf20 (bundled in packages of 25).

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Media accuses MNDF of abandoning Supreme Court guard duty

The Maldives National Defence Force (MNDF) has not confirmed whether a decision was made last night to withdraw MNDF officers providing security to Supreme Court and High Courts, following allegations in the local media today.

MNDF Spokesperson Major Abdul Raheem told Minivan News that he had seen the media reports but was unable to confirm whether the claims were true.

‘’I have seen the media reports and tried to clarify the details of what happened,’’ Major Abdul Raheem said. ‘’But I have been unable to make sure it is true or incorrect.’’

State Defence Minister Muiz Adnan said he had no any information about the matter.

Judicial Services Commission (JSC) Chair and Supreme Court Judge Adam Mohamed refused to comment on the issue.

Local media reported that at 7:00pm last night MNDF officers watching over the outside gates of the Supreme Court left with the key to the gate.

Newspaper Haveeru reported that the keys were handed back to the Supreme Court last night and informed that they were taken by mistake.

This afternoon, the paper quoted an official of the JSC saying that MNDF officers had been watching the Supreme Court today.

“Around 10 people gathered outside the court and started shaking the east side gate. They left when the lock was broken,” the official told Haveeru.

Five hours after the MNDF officers left the court a group gathered outside the court and broke the lock of the court’s east gate, the paper reported.

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Parliament security committee meeting to resolve political instability breaks down as MPs argue

Opposition protests continued on the streets of Male’ on Saturday night, while parliament’s National Security Committee (NSC) meeting to resolve the political instability was dismissed abruptly after heated arguments broke out between opposition and ruling Maldivian Democratic Party (MDP) parliamentarians.

Opposition protests have continued every night since January 16, after the Criminal Court Chief Judge Abdulla Mohamed was arrested by military forces and detained at a training facility in Kaafu Atoll Girifushi – an unprecedented move that has led to a judicial impasse, intensified by political polarisation.

Home Minister Hassan Afeef and Defence Minister Tholhath Ibrahim Kaleyfaanu were summoned to the first session of the meeting and questioned by the opposition MP’s about the arrest of Criminal Court Chief Judge Abdulla Mohamed on January by military forces, which has subsequently led to consecutive opposition protests calling for his immediate release.

In response, the Defence Minister interjected that the judge is not under arrest, and that he is being “supervised to ensure national security”.

He avoided MP’s repeated requests to explain the reasons for the judge’s arrest, claiming that reasons have been explained in a previous public statement which was aired on state TV channel three days after the arrest. Afeef at the time had accused the judge of “taking the entire criminal justice system in his fist”, stating that the executive had been compelled to act to protect the constitution. The judicial watchdog – the body mandated to investigate and act on such allegations – had complied with a civil court injunction filed by the judge against his own investigation.

Several opposition MPs walked out of the meeting, complaining that the ministers did not answer their questions.

In his statement the Defence Minister revealed that police sent a letter to the armed forces on January 16 “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Judge Mohamed’s obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

Therefore, Maldives National Defence Force (MNDF) exercised authority under chapter nine of the constitution and the Armed Forces Act of 2008 to take the judge into custody, he said, disputing that the judge’s detention was unconstitutional.

Tholhath added that MNDF would provide assistance to ensure public safety, and that the consecutive protests and unrest had jeopardised it.

Meanwhile, Afeef observed that those accused of causing the current unrest and destroying public property were swiftly being released by the judges, thus encouraging more unrest.

“Public safety is being lost because of judges’ actions,” Afeef concluded.

However, speaking at the NSC meeting’s second session, Judicial Service Commission (JSC) President and Supreme Court judge Adam Mohamed insisted that the current crisis had not been caused by the incompetence of the commission.

He claimed that the commission was executing its duties duly. The “earlier environment did not allow the commission to work,” Mohamed claimed – a comment directed at the former President’s member of the JSC, Aishath Velezinee, who had openly protesting against the unconstitutional appointment of unqualified judges, delays in investigating allegations against judges – including the chief judge – and politically biased decisions of the JSC. She was dismissed from the position in May 2011.

Velezinee  attended the committee meeting with a box full of papers on the judiciary, and maintained her stance that public has “lost confidence in the courts due to the JSC’s failure to take action against the chief judge”, and due to the reappointment of judges with life time tenure in violation of the constitution.

Velezinee has previously alleged that Abdulla Mohamed was at the heart of a “silent coup to hijack the judiciary”, with the complicity of opposition MPs seeking to prevent cases against them moving through court.

The NSC meeting heated up, after opposition MP Abdu Raheem objected to the summoning of JSC members to the national security committee.

Raheem claimed that the JSC must be summoned to parliament’s independent commissions committee, and the NSC’s meeting should be continued under the advice of Consul General.

Committee chair MDP MP Ali Waheed interjected that anyone can be summoned to the committee for questioning and adjourned the meeting after repeated attempts to maintain order failed as MPs continued arguing.

Meanwhile, out on the streets, the opposition continued to call for the release of Judge Mohamed and the resignation of President Mohamed Nasheed. The protests began near the Progressive Part of Maldives (PPM) camp, as pockets of MDP activists obstructed the rally, leading to mild confrontations which were controlled by the police.

The police comfirmed 16 were arrested last night.

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UN sends delegation as UK urges judicial reform

A political delegation from the United Nations’ (UN) Department of Political Affairs (DPA) will arrive in Male’ next week to discuss the Maldives’ current efforts at judicial reform as part of its ongoing democratic transition.

The delegation, headed by UN Assistant Secretary-General Oscar Fernandez-Taranco, will meet with government officials, opposition leaders and civil society representatives. Revolving around the current situation the Maldives, discussions aim to identify opportunities to support democratic growth.

In November last year UN High Commissioner for Human Rights Navi Pillay visited the Maldives and said the country had made “significant advances” during the first few years of its transition, but a gap still existed between the rhetoric and the reality on the ground.

The Commonwealth has also pledged to assist the island nation in its efforts towards judicial reform, while British Under Secretary of State for Foreign Affairs, Alistair Burt, is holding discussions with President Mohamed Nasheed to resolve the current stalemate.

“Although the [Maldives’] judiciary is constitutionally independent, the sitting judges are under qualified, often corrupt and hostile to the democratically elected regime,” said MP John Glen of Prime Minister David Cameron’s ruling Conservative party.

Glen further called on the House Leader to “urgently make time for a debate on judicial reform in the Maldives,” reads a press statement.

Leader of the House of Commons and Conservative Party MP George Young pointed out that the British High Commission in Colombo is involved. “We want to help Maldives to make progress towards democratic reform in the direction that my friend John Glen outlines,” he said.

The Maldives formally requested international legal assistance from the UN Human Rights Commission on January 22. Last year, ruling Maldivian Democratic Party (MDP) also appealed for international intervention in what it considered an “increasingly blatant collusion between politicians loyal to the former autocratic President, Maumoon Abdul Gayoom, and senior members of the judiciary.”

The Maldives government initiated a judicial standoff on January 16 when it ordered the military to arrest Criminal Court Chief Judge Abdulla Mohamed after he filed a High Court injunction against his police summons.

Allegations against Judge Mohamed date back to 2005 and include misogyny, sexual deviancy, throwing out an assault case despite the confession of the accused, political bias, obstruction of police duty, disregarding decisions of high courts, 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, maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes, and releasing a murder suspect “in the name of holding ministers accountable” who went on to kill another victim.

In one instance Abdulla Mohamed was accused of requesting that two underage victims of sexual assault act out their attack in court, in front of the perpetrator.

The judge had previously been under investigation by the Judicial Services Commission (JSC), but had successfully sought an injunction from the Civil Court against his further investigation by the judicial watchdog.

The JSC itself has itself been accused of perjury, embezzlement and corruption – by one of its own members.

The ongoing detention of the judge has polarised public opinion in the Maldives, resulting in three weeks of opposition-led protests which draw crowds of 200 to 400 nightly on Male’ calling for the judge’s freedom and the downfall of the government. Several police officers and protesters have been injured during the protests and a number of journalists have been the victims of targeted attacks.

In addition, a few government buildings and private property belonging to government officials have been damaged.

Protest leaders have pledged to continue the demonstrations until an “even stronger” protest on February 24. Meanwhile, MDP has gathered regularly at its party camp where activists have occasionally urged party members to “go out and confront the opposition”. No such order has officially been given, however MDP has asked party supporters to come to Male’ from surrounding islands for a demonstration on February 17.

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