Tag: maldives news

Criminal Court rules Gassan arrest unlawful

Criminal Court Chief Judge Abdulla Mohamed ruled tonight that police arrested Gassan Maumoon in violation of the constitution and a Supreme Court precedent establishing criminal justice procedures after his lawyers filed an application for a writ of ‘habeas corpus’, or release from unlawful detention.

After the case was filed this afternoon, the court issued an order to the police to bring Gassan to the court before 4:00pm today.

Gassan’s legal team, including former Attorney General Azima Shukoor and former President Maumoon Abdul Gayoom’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, argued that Gassan’s arrest after being summoned to police headquarters at 10:00am was in violation of article 46 of the constitution.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Gassan’s legal team also claimed procedural violations in the arrest based on the precedent established by a Supreme Court ruling (page 11 point 11) in July 2010 overturning a High Court ruling extending the arrest of MPs Abdulla Yameen and Gasim Ibrahim.

Azima argued that the precedent established that the burden of proof falls on the state before arresting suspects.

Noting that police did not seek a court order for Gassan’s arrest, which was the “established norm,” Azima said the circumstances of his arrest did not fall under exceptions provided for in the constitution where police could arrest suspects without an arrest warrant.

Gassan’s lawyers noted that he was arrested four days after the incident took place.

In the absence of a Criminal Procedures Act, said Azima, the precedent should be followed in interpreting article 46 of the constitution.

Moreover, she added, Gassan was arrested through “deception” as “my client did not present himself to police to be arrested.”

Gassan was first summoned for questioning last Saturday concerning disturbances outside his residence Endherimaage on Thursday during a protest by the ruling Maldivian Democratic Party (MDP).

The protesters were calling for judicial reform, alleging that the judiciary and the Judicial Services Commission (JSC) were subject to political manipulation by the opposition and members of the former government.

During the protest a 17-year-old boy was struck on the head with a wooden plank allegedly thrown from Endherimaage while protesters led by MDP MPs, councillors and senior members were outside the former President’s residence.

Responding to Azima’s arguments at court today, Police Superintendent Mohamed Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence.

If Gassan’s arrest was unlawful, said Jinah, “everyone police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah suggested that Gassan’s legal team was “concerned that we might present evidence” and that the legal argument bore “no weight.”

The top police attorney submitted documents containing early evidence for the judge’s considering, including a medical report of the injuries sustained by the 17-year-old, photos, witness statements and “evidence we collected from the scene.”

The evidence was submitted despite the hearing being held on the case filed by Gassan’s lawyers contesting the legality of his arrest. Police were due to bring the former President’s son before court at 7:00pm to determine if his detention could be extended.

Jinah said police had reason to believe the investigation could be compromised if Gassan was released from custody.

Although the early evidence was not shared with the defence counsels, Azima argued that witness statements were invalid as they would have come from “people participating in an unlawful assembly.”

When Azima contended that the police claims conflicted with media reports on Thursday’s incidents, Jinah noted that “different media reported the same incident in very different ways.”

Gassan’s lawyers meanwhile submitted as counter-evidence photographs and video footage showing an MDP protester carrying a wooden plank. The footage was first aired on private broadcaster DhiTV challenging the MDP’s contention that the wooden plank was hurled from a second floor balcony of Maafanu Endherigas.

Azima argued that the nature of the evidence submitted was not enough “to establish a causal link between the suspect and the crime.”

When Gassan’s lawyer Maumoon Hameed criticised police for not examining “publicly available video footage,” Jinah said police had requested video footage from media outlets as well as footage caught on private security cameras.

Supporters of the former President’s newly-formed Progressive Party of Maldives (PPM) were camped outside the Justice building for the duration of the hearing carrying “Free Gassan” placards and celebrated with loud cheering when Gassan emerged from court.

Later in the day, activists of the ruling party gathered to protest outside the Supreme Court behind police lines. A heavy police presence kept the rival protesters at opposite ends of the court building.

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83 illegal migrant workers arrested in Addu

Police have arrested 83 illegal expat workers living on Addu Atoll, according to Chief Superintendent of Police Abdulla Fairoosh.

Speaking to the press, Fairoosh said that all the workers were arrested in a special operation conducted over the past two months to enhance security for the upcoming SAARC summit.

Fairoosh said that all the migrants had been handed to Immigration Department.

He also said that some roads will be closed during SAARC and only authorised vehicles can travel on those roads.

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Gassan summoned to Criminal Court

The Criminal Court has summoned Gassan Maumoon, son of former President Maumoon Abdul Gayoom, after his lawyers Aishath Azima Shukoor and Mohamed Waheed filed a case against the police claiming that his arrest Monday morning was unlawful.

Gassan was arrested and taken to Dhoonidhoo police custodial this morning after he allegedly dropped a large piece of wood on Maldivian Democratic Party (MDP) protesters gathered near his house on Thursday.

Today in court Gassan’s lawyers claimed that the arrest was unlawful and violated the Supreme Court’s procedure on arresting persons.

However, the police have submitted witness statements and evidence to court, and requested an extension of detention for further investigation.

Last Thursday 17 year-old Hussein Hassan was critically injured by a piece of wood while he was inside a group of MDP members protesting against manipulation of the judiciary by members of the former government. A spokesperson for Indira Gandhi Memorial Hospital (IGMH) later said his condition had stabilised.

MDP supporters alleged that Gassan had dropped the piece of wood that hit Hassan, while supporters of the former Presdient’s Progressive Party of Maldives (PPM) claimed it was thrown by MDP supporters.

PPM supporters gathered near the Criminal Court today calling for the immediate release of Gassan.

Protesters also attempted to break through police lines and enter the court area. However, leading PPM figures controlled the protesters and asked them to be quiet until the hearing had concluded.

Police today blocked the roads to the Criminal Court and have maintained control of the whole area.

The hearing started at 4:00pm this afternoon and was still continuing four hours later.

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UN celebrates 66th anniversary

The United Nations (UN)’s Maldives office today marked the 66th anniversary of the UN’s founding with a ceremony and reception held in the UN’s Male’ compound.

Speaking at the ceremony, Vice President of the Maldives Dr Mohamed Waheed Hassan observed that the UN “is as relevant today as it was when it was first founded.”

Dr Waheed, himself a former UN employee with the UNICEF agency, noted that he had himself witnessed the organisation’s work in 16 of the 190 countries in which it had a presence.

In countries such as Yeman and Afghanistan, Dr Waheed recalled that he had seen friends “risk their lives to deliver food, medicine and books to remote parts of countries that even government officials rarely visit. I’ve worked with warlords who fear the UN because of the human rights it stands for.”

The UN had a mandate to protect people from their own government, if the government turned on its own population, he said.

“The world does not want another Bosnia or Rwanda. Libya was saved thanks to the work of the UN Security Council,” he noted.

Locally, new problems such as transnational crime, drug addiction, human trafficking, piracy, human rights challenges, climate change, “cannot be solved in isolation. Some are international issues – global problems needing global solutions,” Dr Waheed said.

Also speaking at the ceremony, acting UN Resident Coordinator Zeba Bukhari observed that despite a perception that the UN dealt primarily with peace and security, “most of its efforts and resources are actually devoted to improving the conditions of vulnerable population groups, full employment, and conditions of economic and social progress and development.”

Concrete examples in the Maldives, Bukhari noted, will include the support of electrification of islands through more efficient means and alternate energy, cost effective solutions to coastal management, water and sanitation, land use and resource management, reef systems management and waste management.

“All these efforts will be tied to better livelihoods and agriculture and fisheries opportunities, ‘green’ healthcare-related activities, disaster preparedness and mitigation measures, and greater environmental awareness especially at the community and school level,” she noted.

On October 26 the UN is due to launch a report marking the date the human population reaches seven billion. According to the report, the figure has implications for sustainable human development including climate change, food security, water and waste management, employment, and conflict and peace building.

“Some say our planet is too crowded. I say we are seven billion strong,” said UN Secretary General Ban Ki-Moon, in his UN Day address.

“We are living longer. More of our children survive. More and more of us live at peace, under democratic rule of law. As we have seen in this dramatic year, people everywhere are standing up for their rights and human freedoms,” he said.

“And yet, all this progress is under threat. From economic crisis. Rising joblessness and inequality. Climate change. Around the world, too many people live in fear. Too many people believe their governments and the global economy can no longer deliver for them. In these turbulent times, there is only one answer: unity of purpose.”

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Police Integrity Commission requests PG prosecute former Deputy Commissioner Rishwan

The Police Integrity Commission (PIC) has concluded its investigation into complaints filed by several individuals claiming they were unlawfully arrested and mistreated in custody in July 2010, requesting former Police Deputy Commissioner Mohamed Rishwan be prosecuted for alleged violation of the Police Act.

According to local media citing the PIC investigation report, Rishwan admitted to giving the order to his subordinates to cut the hair of several individuals arrested during a special operation, including minors.

PIC Chairwoman Shahindha Ismail did not respond to Minivan News at the time of press.

Rishwan meanwhile resigned from the post of Deputy Commissioner on July 12 this year, informing local media that he wished to spend more time with his family.

In July last year, police and the Maldives National Defense Force (MNDF) arrested almost 60 people, including children, in a joint special operation launched to curb the rise in gang violence.

Many arrested at the time claimed that their mobile phones and personal belongings were confiscated and not returned when they were released.

Almost everyone arrested in the operation was released without any charges.

A number of those arrested claimed they were mistreated and abused in custody, including being forced to remove their clothes, blindfolded and beaten.

“I was arrested while I was on the way to Dharumavantha Scool to get a document,” one of those arrested told Minivan News in July 2010. “While I was waiting near the traffic lights on Sosun magu, two policemen and two MNDF officers told me to be freeze, came up behind me and handcuffed me and my friend.”

“I asked them on what charges they were arresting me, and where they were taking me, and they said they needed me to clarify some information.”

He said the officers pushed him into a police bus and blindfolded him with his hands tied with clips.

“They took me to a place and removed my silver ear-rings, my bracelets, necklace and sunglasses,” he claimed. “Then they took me to a place and removed the blindfold on my eye, and ordered me to remove my clothes. I refused, but I had no other choice so I did, and they told me to bend over. They harassed me verbally and physically.”

He said the officers were covering their faces.

“After checking me they blindfolded me again, and then took me to somewhere else. I asked them where they were taking me, they said that I should speak only when I am spoken to,” he said. “They pushed me into another room, where they trimmed my hair. When I tried to refuse, they hit beat me.”

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MDP calls for justice for 17-year-old injured outside Endherimaage

The ruling Maldivian Democratic Party (MDP) has condemned “the uncivilised, cowardly and inhumane attack” on 17-year-old Hussein Hassan, Gaaf Dhaal Thinadhoo Semy, who was struck on the head with a wooden plank allegedly thrown from Maafanu Endherimaage, residence of former President Maumoon Abdul Gayoom.

An MDP protest against the judiciary last Thursday turned violent outside Endherimaage after the 17-year-old was injured from the object, which eyewitnesses claimed was hurled from the second floor balcony of the building while the protesters led by MDP MPs and senior officials were passing below.

In a press statement released today by the MDP parliamentary group, the ruling party said the left side of the boy’s brain was not properly functioning and he could not recall past memories as a result of the injury.

“The Maldivian Democratic Party urges all relevant authorities of the state to bring everyone who took part in this lowly, inhumane act to justice,” it reads. “MDP will be watching how the investigation is progressing very closely and the party would like to assure the family of the injured boy as well as our members that we will take all necessary legal action in this case.”

Minivan News journalists at the scene on Thursday observed gravel, stones, hot water and sharp metals raining down on the protesters from Endherimaage.

The protest quickly turned violent after the boy was rushed to Indira Gandhi Memorial Hospital (IGMH) by MDP MPs on a passing pickup near Athena cinema. MDP activists threw rocks at Endherimaage, smashed a window and attacked Gayoom supporters blocking the entrance.

Speaking at the MDP Haruge Friday night, former Chairwoman Mariya Ahmed Didi, who was in the front line of the protest march, said the wooden plank that injured the boy was with the police.

“They still haven’t apologised to the people for this,” she said. “This happened in broad daylight from that house [Endherimaage].”

Meanwhile, MDP MP Mohamed Musthafa called on Home Minister Hassan Afeef to resign from his post claiming the Home Ministry and law enforcement agencies were “failed institutions.”

“A wooden door was dropped from the building where former President was living, and Gassam Maumoon was summoned to the police headquarters and was allowed to walk away freely,” Musthafa said. “Letting him get away with it has showed us that the police and the Home Ministry has failed.”

Musthafa, who beat the former President’s son to win the Thimarafushi seat in a re-vote ordered by the High Court, alleged that Gassan was arrested in the UK for a hit-and-run accident where a British citizen died.

“There should be no protection or immunities for any son or daughter of former president because all of them are above 18,” Musthafa said. “Hassan Afeef was afraid of former President, he fears that he might lose his job or something.”

After Musthafa circulated a text message to MPs and Police Commissioner calling for Afeef’s “immediate resignation,”  he said Afeef later sent him a text saying “get lost.”

Afeef told Minivan News today that did not wish to comment on the issue.

Meanwhile, local daily Haveeru reports that according to the former President’s lawyer Mohamed Waheed Ibrahim ‘Wadde’, Gassan has been sent a summons chit to appear at the police headquarters at 10:00am tomorrow for further questioning.

Waheed claimed the wooden plank that injured the 17-year-old was thrown by an MDP protester.

After responding to the first summons, Gassan Maumoon told reporters outside police headquarters Saturday afternoon that he exercised the right to remain silent after “it appeared from some of their questions that they were accusing me.”

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Opposition parties condemn “dangerous” MDP protest against judiciary

Opposition parties have strongly condemned a protest launched by the ruling Maldivian Democratic Party (MDP) against the judiciary and Supreme Court last week, warning of “dangerous” consequences for the nation.

At a press conference today, Dhivehi Rayyithunge Party (DRP) Deputy Leader Ibrahim ‘Mavota’ Shareef argued that with its campaign against the judiciary the ruling party was risking the Maldives becoming “a failed state.”

“We are starting to see in our country scenes similar to what we saw in countries like Rwanda and Uganda which became failed states, plunged into unrest and bloodshed,” he said.

If judges were accused of misconduct or corruption, said Shareef, complaints could be filed at the Judicial Service Commission (JSC), the oversight body for the judiciary.

“Trying to undermine the eminence and dignity of the whole judiciary cannot be seen as efforts to reform judges and put the courts back on the right track,” he contended.

The courts, police and Prosecutor General must take “legal action” against those who undermine the judiciary’s honour and prestige, Shareef said.

The DRP was “very concerned” with fears that the “whole system of justice in this country could fail,” he added.

Following the MDP’s national council approving a resolution to protest against the judiciary, DRP put out a joint press statement with its coalition partner Dhivehi Qaumee Party (DQP) condemning the planned protest as an attempt to “influence the judiciary, intimidate judges and bring the courts into disrepute.”

In response to the MDP protest, the newly-formed Progressive Party of Maldives (PPM) led by former President Maumoon Abdul Gayoom organised a demonstration at artificial beach Friday night to protest the MDP’s “intimidation of judges” and vowed to defend the judiciary.

The religiously conservative Adhaalath Party meanwhile issued a press statement yesterday characterising the MDP protest as “a dangerous warning from the MDP to Maldivian citizens who are against its ideology.”

Adhaalath claimed that the “true purpose” of the MDP’s campaign was to “nullify Islamic shariah, introduce common law to the country and bring foreign judges into the Maldivian judiciary.”

Adhaalath also accused the ruling party of using “bribery, undue influence and intimidation” to threaten separation of powers and “bring all the powers of the state into the President’s fist.”

Echoing a criticism made by other opposition parties, Adhaalath criticised police for failing to protect the former President’s residence. “This shows that the police as an institution is shackled by political influences,” the party said.

“Seven idiots”

In its statement, the Adhaalath Party called on the Supreme Court to take action against the President’s advisor Ibrahim ‘Ibra’ Ismail for saying at an MDP rally Friday night that the judiciary should be freed from “seven idiots” on the apex court.

Ibra recently filed a defamation case against the Supreme Court after it reprimanded him for calling on the public to “rise up and sort out the judges”.

In response to Ibra’s calls, the Supreme Court and the JSC demanded authorities investigate the former Male’ MP and chairman of the Special Majlis’ constitution drafting committee, claiming that “making such statements in a free, democratic society under lawful governance goes against the principles of civilisation.”

The Supreme Court subsequently issued a writ of prohibition and took over the case against it from the Civil Court, as a result of which, said Ibra, “I now have to go before the Supreme Court and say to them, ‘You have defamed me, now please decide in my favour.'”

Speaking at MDP Haruge on Friday night, Presidential Commission Spokesperson Abdulla Haseen noted that judges were not independent under the former government and had to follow instructions from the President or the Justice Minister on how to issue verdicts.

A majority of judges on the bench today were appointed by the former President and lacked educational qualifications to enforce the new constitution, he argued.

Haseen said the Presidential Commission was reluctant to send cases for prosecution as a number of cases against opposition MPs remained stalled at the Criminal Court for over two years.

MDP MP Mohamed Nazim said the party was powerless to prevent the contentious reappointment of judges without a parliamentary majority.

In August 2010, the JSC reappointed 160 of the judges appointed by the former government, despite a quarter of the bench possessing criminal records and many others with only primary school level education.

The Supreme Court meanwhile sent the President a letter claiming it had ruled itself tenure for life.

“The only thing we were able to do was [include a provision in the Judges Act] stating that lower court judges must obtain a diploma in seven years,” Nazim said.

Nazim accused the courts of partisan behaviour when it summoned Independent MP Ismail Abdul Hameed to court 45 minutes before a crucial vote on the Goods and Services Tax (GST) legislation. Hameed was found guilty of abuse of authority in his position as former director at the Male’ municipality and sentenced to one year’s banishment.

In his remarks, former Attorney General Dr Ahmed Ali Sawad observed that political parties neglected the development and modernisation of the judiciary during the reform movement that led to the adoption of a liberal constitution and multi-party democracy.

Criticism and civic action was necessary because of the current state of the judiciary and lack of public confidence in the institution, Sawad said, adding that criminalising persons who criticise the judiciary was contrary to “principles of democracy.”

The public should be able to criticise and comment upon court verdicts, individual judges and perceived failings of the judiciary, he insisted.

In May this year, the JSC abolished its Complaints Committee citing “efficiency”, with complaints against judges subsequently forwarded for review by the legal section and Commission Chair Adam Mohamed, a Supreme Court Justice.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to. Chair of the former complaints commission, Aishath Velezinee, was meanwhile stabbed in the street in January this year.

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Travel, foreign ministry expenses soar over last 30 days

State expenditures reached Rf1.3 billion in almost one month, the Finance Ministry has revealed.

Government spending exceeded the income of Rf7.5 billion, reaching Rf9 billion by October 20.

Monthly expenditures average at a figure lower than Rf1 billion.

Although a majority of state income is spent on loans and shareholdings annually, expense records indicate that government travel and costs incurred by the Foreign Ministry took the biggest hike in the last 30 days.

Between January 1 and October 13, Rf715 million was spent on providing loans and loan repayment. Another Rf556 million was spent on companies in which the government holds shares.

Rf87 million, a majority of state income, has so far been spent on travel costs for government officials, parliament and the judiciary. Nearly one-quarter of those expenses, Rf21 million, were charged last month.

The Foreign Ministry recorded the largest expenditure last month at Rf118 million. That monthly sum doubled the Rf107 million which had been spent during the previous nine months, reports Haveeru.

The second largest amount of state expenditures were accounted for by the Tax Appeal Tribunal, which recorded a 59 percent increase in costs.

According to Finance Ministry records, the state spent Rf1.6 billion in capital expenditure. Rf6.5 billion was spent on recurrent costs, approximately half of which went to wages and salaries (Rf3.6 billion).

Rf905 million was spent on completing unfinished buildings.

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SBI sues Foreign Minister’s family

The State Bank of India (SBI) has filed a case against the family of Foreign Minister Ahmed Naseem for a loan guarantee provided by his mother for five loans from the bank.

Newspaper Haveeru reported yesterday that the case was filed against Naseem and other heirs of his mother Mariyam Ismail: Naseema Mohamed, Saleema Mohamed, Waseema Mohamed, Asima Mohamed, and Umaima Mohamed.

Other guarantors in the case include Ali Saleem of Henveiru Hikifinifenmage; Abdul Aziz of Maafannu Athassaagiri; and Mohamed Shiyam of Henveiru Maabadeyri Aage.

SBI claimed that Friends Incorporated Private Limited was issued a loan of Rf500,000 on August 11, 1994, along with a Rf900,000 loan and a US$100,000 (Rf1,542,000) loan on April 15, 1998. The company however still owes Rf6,432,280 to the bank in outstanding loan repayments.

Moreover, according to SBI, Friends Incorporated owes US$1,376,081 (Rf21,219,169) out of a US$50,000 (Rf771,000) loan taken on October 1, 1995, a loan of US$250,000 (Rf3,855,000) taken on April 15, 1997 and another US$175,000 (Rf2,698,000) loan taken on January 26, 1999.

As the company had mortgaged all of its assets and the “Kalamidhi” plot, SBI requested the court to sell all the mortgaged assets if the company fails to settle the outstanding payments and interest.

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