Tag: maldives news

Police question Ibra over “unclear” offence

Police summoned President’s Advisor Ibrahim ‘Ibra’ Ismail for questioning last night after the Judicial Service Commission (JSC) requested the former Male’ MP be investigated for calling on the public to “rise up and sort out the judges” at a Maldivian Democratic Party (MDP) rally on September 2.

Speaking to press outside police headquarters, Ibra’s lawyer Ahmed Abdulla Afeef said “it was unclear” what offence or crime Ibra was suspected or accused of committing.

“Police said it was to clarify information after a letter was sent from the Judicial Service Commission,” he explained, adding that the alleged offence, or under which specific penal provision the investigation was to be conducted, was not clearly stated.

The letter from the JSC referred to an article on newspaper Haveeru reporting Ibra’s remarks at the September 2 MDP rally at Kaafu Thulusdhoo, Afeef said, stressing that neither police nor the JSC letter referred to any violation of laws.

“Judges are issuing verdicts any way they please. The effort we have to make against this is not inconsiderable. It was citizens who came out and ousted Maumoon from power. The matter of judges too can only be sorted out by citizens rising up,” Ibra, who was also the first elected president of MDP, was quoted as saying in newspaper Haveeru.

Ibra said last night he had “complete assurance” that criminal charges could not be pressed against him “because I have not committed a crime specified in the law.”

The former chair of the Special Majlis’ constitution drafting committee urged police to conduct a full investigation.

Ibra added that he was “very happy” that “today we have police who brings the law to bear on people in high posts of the government.”

“I won’t [exercise the right to] remain silent to evade the law, I won’t obstruct police investigations and court trials through various means to evade the law,” he asserted.

“Runaway judiciary”

The JSC is constitutionally mandated to investigate complaints of misconduct by judges, take disciplinary action and recommend dismissal of judges by parliament (through a two-thirds majority). Last year, 143 complaints were filed at the commission; by its own statistics none were tabled and only five were ever replied to.

Outspoken whistle-blower and then-President’s member on the JSC, Aishath Velezine, was meanwhile stabbed in the street in January this year.

In late 2010, Velezinee launched an emotive appeal against “a runaway judiciary” and the constitutionally-mandated reappointment of judges after vetting by the JSC, despite a quarter of sitting judges possessing criminal records and many having only finished seventh grade.

The majority of the current bench was appointed by former President Maumoom Abdul Gayoom, who was “the highest authority on administering justice” under the old constitution, with powers to appoint and dismiss judges as well as grant pardons and amnesties.

In an interview with Minivan News in September, Ibra argued that the JSC had been “compromised” and “the Supreme Court and key elements within the judiciary are still controlled by Gayoom – directly or indirectly.”

Ibra’s criticism of the judiciary at a ruling party rally in September prompted the JSC to conduct an “emergency meeting” where it decided to ask the “relevant authorities” to carry out an official investigation.

The Supreme Court meanwhile issued a press statement contending that Ibra’s remarks encouraged “the illegal curtailment of the tasks of the judiciary” and could lead to “the loss of peace and security of the Maldivian state and plunge the nation into unrest.”

Supreme Court Justice Adam Mohamed Abdulla is also the chair of the JSC, which has three judges from three tiers of the judiciary, one lawyer elected by licensed lawyers, one member of the public, the Speaker of parliament, an MP elected by parliament, a member of the President, the Attorney General and the chair of the Civil Service Commission (CSC).

Ibra meanwhile sued the Supreme Court last month for defamation in light of its statement. Shortly after the case registered, the apex court issued a writ of prohibition and took over the defamation case against itself from the Civil Court.

As a result, Ibra said at the time, “I now have to go before the Supreme Court and say to them ‘You have defamed me, now please decide in my favour.’”

He suggested that the Supreme Court’s reaction “establishes what I originally claimed. We as citizens – the public – have to do something. We can’t let seven idiots hijack the justice system of the entire country.”

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PIC investigating police handling of MDP protest

The Police Integrity Commission (PIC) is investigating police handling of a ruling Maldivian Democratic Party (MDP) protest on October 20 outside the Supreme Court that spread to the residence of former President Maumoon Abdul Gayoom.

Speaking at a press conference today, PIC Chair Shahinda Ismail revealed that four people lodged complaints with the commission after the disturbances outside Gayoom’s residence Endherimaage.

“While protests around the area of the Supreme Court are definitely prohibited, I believe that police failed to carry out their responsibilities by allowing people to gather there,” she said.

In a press statement last week, the PIC questioned whether police had done enough to control the protest and prevent damages to private property. The commission said it would investigate the events of the day and recommend legal action.

After a wooden plank allegedly thrown from Gayoom’s residence critically injured a 17-year-old, MDP activists threw rocks at the building, clashed with Gayoom supporters blocking the entrance and tried to knock down the door of adjoining residence Maafanu Endherigas.

Police Sub-Inspector Ahmed Shiyam explained last week that demonstrations in certain areas, including courts and army gates, are prohibited by the Regulation on Assembly, put in place by executive decree under the previous government.

“Members of the Maldivian Democratic Party and Dhivehi Rayithunge Party (DRP) have both gathered in these areas though, even though we have requested them not to. Some of them have gone to the army gates and the President’s gate as well, so occasionally we have to address the issue,” he said.

Police meanwhile issued a press statement last night defending its actions on the day of the MDP protest, claiming that “some people are trying to blame police and relentlessly spreading misinformation to mislead the public.”

Prior to the protest, which was announced to begin at 3.30pm, the statement noted that police put up security lines and road blocks at 2.45pm around the Supreme Court and cordoned off the area.

“The area was closed off to prevent people from gathering there and to ensure there was no hindrance to the hearing to be conducted at the Supreme Court,” the police statement said.

However, while police made way for MP Mohamed Musthafa to enter the Supreme Court, “others entered into the cordoned area saying they had registered for the hearing.”

“As police had not been provided with information about those authorised to observe the hearing, while they entered the area others who had not been registered also came in,” police said.

As the Supreme Court had requested security and police believed that attempts to arrest protesters and disperse the crowd could have led to disturbances and affected the hearing, “police tried to control the protest and prevent more people from coming into [the cordoned area] until the hearing was concluded.”

The statement noted that in similar circumstances police used its discretion to restrain from using force to ensure that “the work of state institutions are not disrupted.”

When the crowd marched to Endherimaage after Musthafa emerged from court, police officers remained outside the Supreme Court.

Police officers were dispatched to the area around Endherimaage shortly after clashes erupted, the statement noted, and the officers were able to control the disturbances and disperse the crowd.

Minivan News journalists at the scene noted that police arrived after several MDP activists attempted to knock down the door of Endherigas and Endherimaage. Some protesters had briefly entered Endherigas but were kept out by a young man wielding a metal cone.

Police officers however blocked the entrance of both houses after they arrived at the scene, some 10 or 15 minutes after the violence erupted.

The police statement meanwhile criticised the PIC for putting out its statement last week allegedly without clarifying the matter with police.

“As the Police Integrity Commission is a commission formed to investigate with fairness complaints against police, this service deeply regrets [the commission] releasing such statements based on false information being spread in the media by political parties for political reasons without completing its investigation and unlike how it acts in similar cases,” it reads.

The statement alleged that individual police officers were facing intimidation from politicians, which was “unacceptable.”

At today’s PIC conference, Shahinda however denied that the commission acted any differently in the wake of the controversial MDP protest.

The purpose of the statement was to assure the public that it was investigating the incidents, she continued, noting that the four complainants were not all political parties with a political motivation.

“We have released statements regarding other serious cases as well where we wanted to appeal to the police,” she said.

Asked if police were subject to undue political influence, Shahinda said she could not comment on the present case before the inquiry was over, “but generally I don’t believe there is political influence over police.”

Shahinda also said that the police explanation for not dispersing the crowd was not a valid reason.

“After people had already gathered, not dispersing the crowd saying the hearing could be affected is not an acceptable excuse,” she said. “I don’t believe people should have been allowed to gather there in the first place.”

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MDP PG Deputy Leader accuses Speaker of cancelling sittings without reason

Maldivian Democratic Party (MDP) Parliamentary Group Deputy Leader Ahmed Sameer has said that Parliament Speaker Abdulla Shahid has been cancelling parliament sessions without reasonable cause.

“There is no reason the parliament sitting should be cancelled and there is no issue within the MPs that should be solved diplomatically,” Sameer told MDP’s official website.

Sameer said that the opposition was cancelling the parliament sittings because the Foreign Minister had earlier said that former President Maumoon Abdul Gayoom will not be invited to the upcoming SAARC summit.

“And, the opposition MPs want to obstruct the speech by Indian Prime Minister,” he said, adding that the opposition’s main objective is to delay economic reform bills currently before parliament.

Sameer called on the Speaker to conduct parliament sittings according to law.

Progressive Party of Maldives (PPM) MPs have recently said that the parliament sittings will be unlawful if they proceed with Independent MP Abdul Hameed after the Criminal Court found him guilty of corruption and sentenced him to 18 months’ banishment.

However, Hameed appealed the case in the High Court where it is currently being tried.

PPM has said it will not allow parliament to proceed in his presence.

Opposition Dhivehi Rayyithunge Party (DRP) Parliamentary Group Deputy Leader Dr Abdulla Mausoom said he believes the parliament deadlock could be solved if the issue were sent to the Supreme Court for review.

“DRP MPs in the Independent Commission’s Committee support sending the issue to the Supreme Court for advice on whether the MP Abdul Hameed can sit in the parliament,’’ Mausoom said. “In DRP there are people who say that he can attend the parliament until he is done with the appeal process and others who do not see it that way.”

Mausoom called the stalemate a legal issue which is beyond the parliament’s jurisdiction.

“The complications in the appeal procedure should be clarified, no one made it an issue when Hameed stayed at home,” he said. “Parliament went smoothly when he stayed at home.”

Mausoom added that MDP MPs in the committee do not want to send the issue to the Supreme Court for advice.

Tomorrow’s sitting is scheduled to proceed as normal, according to parliament’s official website.

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High Court rejects Gassan’s case

The High Court has rejected the appeal submitted by Attorney General (AG) to re-arrest Gassan Maumoon, son of Former President Maumoon Abdul Gayoom and to rule that his arrest was lawful, after the Criminal Court last week found that his detention was unlawful and ordered his release.

According to local newspapers the High Court rejected the case because the case was presented 48 hours after the ruling was made, and secondly because the case was presented by the AG.

The High Court said the AG cannot present criminal cases to the court on behalf of the state and that only the Prosecutor General (PG) has that authority.

Gassan Maumoon was arrested after a 17-year-old boy was severely injured in a Maldivian Democratic Party (MDP) protest against the judiciary that started near the Supreme Court and later moved towards the residence of former President.

The 17-year-old was struck in the head by a wooden plank that was allegedly thrown down from the former president’s residence. Gassan was subsequently accused of the violent act.

After the Criminal Court ruling, the police said they were confused whether the arrests made in the past will be lawful and said they were considering the release of many dangerous criminals who were arrested according the same procedures used with Gassan.

Following the ruling the police met with PG Ahmed Muiz for advice. The PG allegedly told the police officers to leave his office immediately.

The government concluded that it cannot work with the current PG and decided to forward a no-confidence motion against Muiz, which would lead to dismissal if passed.

However, the no-confidence motion has not been forwarded.

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Umar Naseer, MP Abdul Raheem elected PPM deputies

The Progressive Party of Maldives’ (PPM) interim council elected two deputy presidents through a secret ballot at the council’s first official meeting last night.

Former Dhivehi Rayyithunge Party (DRP) Deputy Leader Umar Naseer and former People’s Alliance MP Abdul Raheem Abdulla won with 21 votes and 9 votes respectively.

The other two candidates, MPs Ahmed Nihan and Hamdhoon Hameed, each received 7 votes.

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Reported increase in practice of female circumcision raises alarm

Claims that female circumcision is rising in practice in the Maldives have triggered alarm across the government and NGO sector.

“We are beginning to hear reports of this occurring, and I have heard on radio and television people justifying the practice. It is quite disheartening,” said Vice President Dr Mohamed Waheed Hassan, speaking at a UN event last week.

Then-Attorney General Husnu Suood raised concern in December 2009 that female circumcision in the name of Islam had been revived in Addu Atoll, claiming that religious scholars “are going around to midwives giving fatwas that girls have to be circumcised. They’re giving fatwas saying it is religiously compulsory. According to my information, the circumcising of girls has started and is going on with a new spirit.”

Minivan News subsequently traveled to Addu to investigate the matter and meet with sources, but was unable to determine if the practice was indeed occurring.

Speaking last week, Dr Waheed did not pinpoint a specific area where female circumcision was taking place, but attributed the “general trend” to “rising conservatism and traditional values imported from other parts of the world.”

“Mostly this is a failure of education – there are not enough opportunities for higher education and many students receive free offers to go to madrassas in places like Pakistan, where they learn very traditional values,” Dr Waheed said.

A source from the Health Ministry’s Department of Gender and Family Protection told Minivan News that while female circumcision was widely known to have occurred in the Maldives, it stopped in the 80s and 90s but “now we are hearing media reports that it is happening again.”

The Ministry was not aware where the practice was occurring, but said it intended to investigate.

“There is no formal reporting happening in the islands,” she said. “We have been trying to get reports but health facilities are not aware of the situation.”

Deputy Health Minister Fathimath Afiya meanwhile confirmed that the Ministry was sufficiently concerned to launch a study seeking to identify where female circumcision was occuring.

“There are no reports but NGOs have been talking about it,” she said, stating the Ministry had held a series of meetings on the subject after it received a letter voicing concern from NGO ‘Hope for Women’.

Interim President of that NGO, former Gender Minister Aneesa Ahmed, confirmed to Minivan News today that “some Islamic organisations are advocating this and people are having girls circumcised. I don’t know where and when, but I have heard people say on various programs including Raajje radio.

“I heard two Islamic scholars speaking, and this woman called the radio station and asked two Islamic scholars on the program what Islam said about [female circumcision], and the scholar said yes, that the Prophet Mohamed advocated that girls be circumcised. My concern is that scholars are advocating this has to be done according to Islam, people will not question it and start circumcising girls.”

Aneesa said a representative from the NGO had met with State Minister for Islamic Affairs, Sheikh Hussein Rasheed, who said there was “no question about it: that girls had to be circumcised.”

When Minivan News spoke to Sheikh Rasheed today, he said he did not wish to comment on the matter as he had a meeting scheduled with the Health Ministry regarding the issue.

”If I say anything people might assume it was said on behalf of the Islamic Ministry, or that it was the ruling of the Ministry, so I will not say anything for the time being,” he said.

According to Aneesa, the concern was not whether female circumcision was indeed Islamic.
“I am not a scholar, I am not arguing whether it is right under Islam. If that is the case, we should not stop talking about it. We must undo conventions to which the Maldives is party.
“I don’t want girls to go through the negative complications such as infections and bleeding. I am not questioning whether it is Islamic, but if it is, then people need to be properly trained to do it. Some people are asking if boys are circumcised, why not girls? I am not questioning Islam, my concern is the negative [health] impact.”

According to information from the World Health Organisation (WHO), female genital mutilation is divided into four types: “clitoridectomy, the partial or total removal of the clitoris; excision, partial or total removal of the clitoris and the labia minora; infibulation, the narrowing of the vaginal opening through the creation of a covering seal by cutting and repositioning the inner or outer labia, with or without removal of the clitoris; and all other harmful procedures to the female genitalia for non-medical purposes.”

Dr Akjemal Magtymova of the WHO’s Maldives country office told Minivan News that from her limited research into the practice in the Maldives, “it looks like this is not a very intrusive form practiced here. It is more just a following of tradition, a show to a higher power that something has been done about it and the responsibility has been fulfilled.”

Unlike male circumcision there was, she said, “no health benefit to female circumcision.”

“There are risks including infection, infertility, and complications during pregnancy and birth when the wounds are not healed or where there is scar tissue,” she explained.

According to the WHO, girls undergoing the procedure also risk cysts and recurrent bladder and urinary tract infections, as well as more immediate complications including severe pain, shock, haemorrhage, tetanus or sepsis, urine retention, open sores in the genital region and injury to nearby genital tissue.
It was, observed Dr Akjemal, an ethical dilemma around whether to train doctors to perform the operation safely.

“I am not sure about it – if you train doctors to perform the operation, you open it up to business and supply-induced demand. Rather than a practice isolated to traditional healers, it becomes a lucrative business,” she suggested.

Female genital mutilation is widely practiced in Africa with an estimated three million girls undergoing the proceedure each year, the WHO reports. Across Asia only Indonesia reports the practice although it is also believed to be performed in Malaysia.

In 1997, the World Health Organisation (WHO) issued a joint statement with the United Nations Children’s Fund (UNICEF) and the United Nations Population Fund (UNFPA) against the practice, and in February 2008 received wider UN support to increase advocacy against it.

“Female genital mutilation is recognised internationally as a violation of the human rights of girls and women,” the WHO advises. “It reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children. The practice also violates a person’s rights to health, security and physical integrity, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.”

Former State Islamic Minister Sheikh Mohamed Shaheem Ali Saeed, now the Dean of Villa College’s Faculty of Islamic Sharia, said he had studied the issue and determined that there was no valid hadith demanding females be circumcised.

”All scholars who say it is something that Muslim females should do are citing invalid hadiths,” Sheikh Shaheem said, calling for the practice to be stopped.

”Currently it is uncommon in the Maldives. When I was young I used to hear that it was something done, but now it is very uncommon and I think it was carried to this generation more as a cultural thing,” he said.

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Employment Tribunal members took unrecorded overtime pay worth 45 percent of their salaries: audit report

Members of the Employment Tribunal received 45 percent of their salary as overtime pay every month from December 2008 to March 2010 without records of overtime hours, according to the tribunal’s audit report for 2010 made public by the Auditor General’s Office last week.

“Members took a total of Rf275,904 (US$17,892) as overtime pay,” the report found. “While as a rule overtime pay is given based on records of work done after official hours and since overtime pay is not part of the salary, this office believes that the overtime pay should not have been given to members without maintaining records.”

The audit report noted that the Employment Tribunal was asked by the Auditor General in March 2010 to clarify the issue of overtime pay with the President’s Office.

The President’s Office informed the tribunal on March 23, 2010 that the overtime pay should be given based on extra hours worked and not exceeding 45 percent of members’ salary.

After the Auditor General raised the issue of the overtime pay granted from December 2008 to March 2010, the President’s Office designated the payments made as fixed overtime pay.

Among other issues noted in the audit report, the tribunal incurred fines for late payment of utility bills and the responsible staff member did not reimburse the office budget.

In addition, attendance records for part-time members of the tribunal were not kept for the period between December 2008 and March 2009.

Moreover, records dating after March 2009 showed that some part-time members worked only three days a month and minutes of tribunal hearings revealed that part-time members did not attend a number of hearings.

Some hearings were meanwhile cancelled because part-time members on the panel could not attend due to other commitments.

Minutes of meetings also revealed that discussions were held upon request by complainants to reconstitute panels with part-time members due to long delays in resolving disputes.

“While adequate services were not received from part-time members, we note that they were given a total of Rf350,271 (US$22,715) as salary during their time as members [of the tribunal],” the report noted.

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MDP members in Thinadhoo protest inaction over 17 year-old injured by wooden plank

Members of the ruling Maldivian Democratic Party (MDP) in Gaaf Dhaal Thinadhoo conducted a protest march Friday calling on the authorities to bring those responsible to justice after a 17 year-old from the island, Hussein Hassan, was severely injured by a wooden plank allegedly thrown from Maafanu Endherigas.

Hussein Hassan was struck on the head by a wooden pole during an MDP protest on October 20 outside Maafanu Endherimaage, residence of the former President Maumoon Abdul Gayoom.

The injury left the 17 year-old with skull fractures and paralysis down one side of his body.

According to the MDP website, about 300 participated in the protest, carrying party flags as well as placards and banners condemning the release of Gassan and calling for the perpetrator to face trial and answer for the crime.

While Police arrested Mohamed Gassan Maumoon, son of the former President, on suspicion of hurling the wooden block last week, the Criminal Court ruled that his arrest was unlawful as due process was not followed and ordered his release.

Following his release and media reports suggesting the incident took place, police exhibited video footage of the wooden pole striking the 17 year-old victim on the head while MDP protesters were outside Endherimaage.

Gassan’s lawyer, Mohamed Waheed Ibrahim ‘Wadde’, claimed to local media that the plank was thrown by a protester.

At the police briefing, Superintendent Mohamed Jinah said police wished to “reveal the truth” about the incident as “deliberately false allegations have been made against police using the media” and “relentless efforts” had been made to cast aspersions on police and its senior officers.

“We had reasons to implicate Gassan Maumoon in this matter,” Jinah said, adding that police had statements from eight witnesses who saw Gassan on the balcony as well as photos taken by a police forensic team of wooden poles inside the Endherimaage building Thursday night.

In addition to eyewitness testimony and forensic evidence, said Jinah, the “most important reason” for suspecting Gassan was his admission upon questioning that he did step out to the balcony.

Following his admission, said Jinah, “after a gesture from his lawyer he then exercised the right to remain silent.”

Upon request by police, the Criminal Court has since imposed a travel ban on Gassan for one month.

“Trial by media”

In a statement released to local media on Thursday, Gassan denied the allegations and insisted he would prove his innocence in a court of law.

Gassan accused Superintendent Jinah of using his statements during questions for “political purposes,” explaining that he chose to remain silent out of concern that the investigation was politically-motivated and could be used to harm his family.

Gassan said he exercised the constitutional right to remain silent after police appeared to “casting a net” around him for political ends.

The former President’s son concluded his statement by accusing police of attempting to conduct “trial by media” and making misleading statements to the public.

In interviews with local media outlets, Gassan claimed police senior officials were motivated by a desire for promotions as a reward for his arrest and detention.

“Double-standards in double-quick time”

Gassan’s release was meanwhile condemned by the ruling party as testament to the “open double-standards” and “politicisation” of senior judges.

“When former President Gayoom’s son is arrested – for an extremely serious offence, namely leaving a young man with brain damage – the court convenes extraordinarily at 16:00hrs the same day and, after ignoring materials provided by the police to support his detention, is able to hand down a judgment of unlawful arrest that evening,” noted Chairman ‘Reeko’ Moosa Manik in a statement. “Compare this with the treatment of Ilham, an MDP activist who was arrested for damaging private property and who the very same Criminal Court decided, at the same time as freeing Ghassan, to remand in custody for a further five days pending investigations.”

“Senior members of the judiciary are no longer even offering the pretence of due process or rule of law; they are acting according to their own personal interests and allegiances, with complete contempt for justice. A young man is lying in hospital paralyzed down one side, and the chief suspect in the attack last night walked free from court and went with his friends and family to celebrate their “victory”. On the same day, a ‘normal’ citizen, who lacks Ghassan’s family connections, has his detention – on far less serious charges – extended by five days. This is double-standards in double-quick time.”

Last Wednesday, the MDP’s national council approved a resolution submitted by Thinadhoo MP Mohamed Gassan to condemn “the Criminal Court’s obstruction of police efforts to investigate this brutal act” and call on the authorities to take action.

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PPM completes registration process

Former President Maumoon Abdul Gayoom’s newly-formed Progressive Party of Maldives was officially registered by the Elections Commission (EC) last week with 3,200 members.

Newspaper Haveeru reports EC Chair Fuad Thaufeeq as saying at the registration ceremony that the passage of legislation governing political parties was very important for the commission to carry its out responsibilities.

The bill has been in committee stage for over a year and a half.

PPM held its inaugural convention on October 15 and voted for an interim president, interim council, manifesto, party constitution, logo and colour.

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