Tag: maldives

JSC decision on Judge Ali Hameed’s sex tape scandal “an insult to Islam”

The Judicial Service Commission’s (JSC) decision to clear Supreme Court Judge Ali Hameed of misconduct in a sex tape scandal is “an insult to Islam,” and against principles of Islamic jurisprudence, critics have said.

The judicial watchdog yesterday ruled Hameed innocent, claiming it can only take disciplinary action if there is sufficient evidence to indict Hameed in a court as per the Islamic Shariah and Maldivian law.

The JSC justified its ruling on a police decision to close investigations after failing to gain new evidence.

The JSC member representing the public Sheikh Shuaib Abdul Rahman said the JSC had contravened Islamic principles in its decision.

“This is a misconduct case. Not a criminal case. Under Islamic fiqh (jurisprudence), misconduct complaints require less evidence than criminal and civil complaints. Judges can be dismissed if there’s too many public complaints against him,” he said.

“I believe there is enough evidence to take action,” he added.

Meanwhile, former JSC member and whistleblower Aishath Velezinee characterized the JSC decision as “the ultimate insult to Islam and Maldivian society.”

“This is a judiciary that sentences underage rape victims to be flogged. When they decide a Supreme Court judge, after being seen in a video that has gone viral, having illicit sex with multiple women, is not guilty of misconduct, what more can we say?”

Velezinee called on the public to protest, stating the decision shows the judiciary does not understand the law or the Shariah. Public silence on the matter will only allow the judiciary to “make a scandal of justice,” she added.

“To allow the Supreme Court, without protest, to decide any matter that affects you is to accept Ali Hameed has a right to judge for you. Protest!”

Ali Hameed is also accused of several counts of corruption and has been implicated in a separate tape where he appears to admit to a role in the fall of former President Mohamed Nasheed.

Criminal

Several lawyers have echoed Shuaib’s concerns arguing the JSC does not have to follow the stringent standards used in a criminal trial in a case of misconduct.

“The JSC inquiry is not a criminal trial. They do not have to prove it by the standards employed in criminal proceedings. Their task is not to see if a judge is guilty beyond reasonable doubt. The JSC inquiry is about misconduct, it is a disciplinary issue,” lawyer and former Minister of Youth and Sports Hassan Latheef said.

UN Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul, in a 2013 report, also said disciplinary or administrative investigations entail different penalties than those arising from criminal procedures.

“Judges and magistrates, as well as other actors of the justice system are criminally accountable for their actions. Criminal actions entail consequences and penalties that are different from those resulting from disciplinary or administrative investigations,” said Knaul.

Latheef said judges must have public confidence, and Ali Hameed should have voluntarily resigned when the tapes were first leaked on social media in 2013.

“Islamic Sharia says all judges must have public confidence. Anyone who is perceived otherwise, cannot be a judge. A judge cannot be open to blackmail,” he added.

Latheef also called on the police to continue with investigations and said the police’s decision to file the case must be looked into.

According to local media, the investigation had stalled after the Criminal Court refused to provide a warrant to obtain a facial photograph of Ali Hameed and another to search his residence.

Political decision

Former Attorney General Husnu Al Suood also said the JSC had not complied with procedures in its conclusion and accused the commission of political bias.

Suood was appointed to a JSC subcommittee to investigate the case in December, but was expelled in January after the Supreme Court called for his removal after finding him guilty of contempt of court.

“I don’t think JSC has complied with existing procedures when they concluded this matter. This is a decision that needs to be revisited when the JSC is free from executive and judicial influence,” he said.

“JSC is under the full control of the executive. It doesn’t function independently, as envisaged in the constitution,” he added.

In Knaul’s report, she stated there was near unanimous consensus during her visit that the composition of the JSC – which draws members from sources outside the judiciary, such as the parliament, lawyers, and civil service commission – was “inadequate and politicized.”

“Because of this politicization, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

Suood claimed President Abdulla Yameen is at present working to fix the JSC membership in the coming term.

Opposition MP Ahmed Hamza was removed from the JSC in January after he announced his decision to run for the March parliamentary polls.

Meanwhile, the Supreme Court this week ruled any individual licensed as a lawyer, including judges and MPs, can vote to elect a member from the lawyer community to the commission.

Lawyers have spoken against the matter, arguing the decision compromised the independence of the legal profession.

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No threat to Maldivians in Srilanka, assures Sri Lankan foreign minister

Sri Lankan minister for External Affairs G.L. Peiris has assured that there is no threat to Maldivians residing in his country from ongoing conflicts between Muslims and Buddhists.

Speaking during the official state visit of President Mahinda Rajapaksa, Peiris said that the “happy and contented” Maldivian community living in Sri Lanka mostly reside in the southern parts of the country, far away from the zone of conflict.

“There is absolutely no problem in that area,” he said, adding that the conflict was going on in a very narrow area of Sri Lanka.

Rajapaksa’s two-day state visit is the first official visit of a foreign leader since President Yameen’s election, and has seen agreements signed related to health, investment, and search and rescue services.

Maldivian Foreign Minister Dhunya Maumoon – speaking at today’s press conference in Kurumba resort – said that the Maldivian government appreciated the steps taken by the Sri Lankan government to ensure the safety of the the 9,400 citizens in the Maldives.

“Not that there are no serious issues,” she said. “But the media sometimes sensationalise these issues.”

On June 16, 2014, reports emerged that hard-line Buddhists hurled gasoline bombs and looted homes and businesses during attacks in several Muslim towns in southwestern Sri Lanka, killing three Muslims and seriously wounding more than 50 people.

Dunya said that the Maldivian embassy in Sri Lanka was closely monitoring the situation on a daily basis. She also revealed that land in the Maldivian capital had been granted for Sri Lanka to set up a new diplomatic premises.

Following Rajapaksa’s arrival yesterday, official bilateral talks were held between the two governments as well as a private meeting between the two heads of state. A special banquet in honour of the Sri Lankan president and first lady was held at Kurumba yesterday evening.

Dunya today noted the close personal links between the two nations with Sri Lankan expatriate workers greatly assisting the Maldivian economy while more than 80,000 Maldivians visited Sri Lanka in 2012.

“We recognise and applaud the tremendous post-conflict reconstruction efforts of the Sri Lankan Government. We believe that the Sri Lankan Government and its people can address and overcome the challenges of post-conflict reconstruction and rehabilitation,” said the foreign minister.

Details of the health MoU were also revealed yesterday, with three specialists per year travelling to the Maldives as well as places for five Maldivian students to study medicine in Sri Lanka.

“Maldivians have been long standing consumers of the excellent education and health services in Sri Lanka. Under the agreement signed yesterday, the Maldives looks forward to further enhancing cooperation in the health sector, including in investing in human resources, recruitment of medical doctors and health professionals, and procurement of pharmaceuticals,” she added.

External Affairs Minister Peiris told press today that the agreements reached would have positive practical results for both nations, in particular new agreements on investment.

Trade between the two states grew by 40 percent last year, said Peiris, currently amounting to US$76 million – a figure he described as “satisfactory” with room for improvement.

“Major Sri Lankan investors are investing in the Maldives in a big way, particularly in tourism infrastructure,” he continued.

As part of today’s trip, a networking session was held in Malé for Sri Lanka’s business delegation, with Tourism Minister Ahmed Adeeb and Economic Development Minister Mohamed Saeed revealing details of investment opportunities in the Maldives.

Asked about discussions on Sri Lankan fishermen’s access to the travel through the Maldives’ territorial waters, Peiris said that such close allies had no need to hold official discussions “formally” about the right of innocent passage.

President Yameen had promised to explore during his corresponding trip to Sri Lanka in January, during which MoUs were signed regarding combating transnational crime , vocational training, and sports cooperation.

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MIRA collected MVR11.4 million in illegal parking fines in 2013

The Maldives Inland Revenue Authority (MIRA) collected MVR 11.4 million (US$0.7 million) in illegal parking fines in 2013.

This year, MIRA had collected MVR6.3 million (US$0.4 million) in illegal parking fines at the end of May.

MIRA collected MVR 6.9 million and MVR 6.2 million in 2012 and 2011 respectively.

Illegal parking carries an MVR250 for the first offense, MVR500 for the second offense and MVR750 for the third offense.

Drivers frequently complain of lack of parking space on Malé.

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MTCC introduces new Hulhumalé – Malé ferry schedule for Ramadan

Maldives Transport and Contracting Company (MTCC) has introduced two new ferries and increased ferry services between Malé and suburb Hulhumalé during peak hours for the month of Ramdan.

According to the new ferry schedule, ferries will run every five minutes between 8:15am – 9:10am and 2:00 pm and 2:20 pm on workdays, and between 10am – 11:15am and 2pm – 2:20pm on weekends.

At other times, ferries will depart every 15 minutes.

Residents of Hulhumalé have complained about delay and overcrowding on ferries.

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Sri Lankan President Mahinda Rajapakse arrives in the Maldives

President of Sri Lanka Mahinda Rajapakse and First Lady Shiranthi Rajapakse arrived in the Maldives on an official visit this afternoon.

President of the Maldives Abdulla Yameen greeted the Rajapakses on arrival at the Ibrahim Nasir International Airport (INIA).

A bugle call was sounded on Rajapakse’s arrival in Malé and a 21 gun salute was offered. The Maldives National Defense Forces (MNDF) offered a guard of honor on his arrival.

According to the Maldives President’s Office, Yameen and Rajapakse held official talks on regional and international issues of mutual concern.

The two countries signed three agreements on health cooperation, economic development and search and rescue operations.

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Supreme Court Judge Ali Hameed cleared of misconduct in sex tape scandal

The Judicial Services Commission has today cleared Supreme Court Judge Ali Hameed of misconduct charges, citing lack of evidence to indict him in a court for alleged appearance in three sex tapes involving three different foreign women.

The accused must be presumed innocent until proven guilty beyond a reasonable doubt, said the judicial watchdog, which claimed it cannot take disciplinary action against a judge without “enough evidence.”

The JSC also cited the police’s Forensic Service Directorate’s failure to confirm the identity of the man involved in the sex tapes in its decision to clear Hameed of charges.

In it’s ruling, the JSC noted the following:

  • The police had closed investigations until new evidence emerged
  • The police had collected the sex tapes during an investigation into an attempt to blackmail a judge
  • The tape may constitute an act of espionage as it appears to have been filmed by an unauthorised body and it is against the constitution to obtain evidence by unlawful means
  • Supreme Court’s ruling on former Civil Service Commission President Mohamed Fahmy Hassan states disciplinary action can only be taken with sufficient evidence

Sex scandal

The Maldives Police Services formally launched an investigation in July 2013 after still images of the sex tape, alleged to show the judge committing adultery with an unidentified foreign woman, began circulating on social media.

At the time, the JSC voted not to suspend Hameed, citing lack of evidence.

Shortly afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women were leaked on social media.

Business tycoon and former JSC member Gasim Ibrahim in July dismissed the sex tape as fake and an attempt at blackmail.

Gasim placed third in the first round of presidential polls in September and asked the High Court to annul the first round of polls.

The Supreme Court took over the case and ordered a revote claiming widespread vote fraud,with Hameed one of the four judges forming the majority verdict.

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the subsequent round of polls.

Hameed also voted to unseat two opposition MPs over a case of decreed debt, and voted to remove Elections Commission President Fuwad Thowfeek and his deputy Ahmed Fayaz for alleged contempt of court.

Systematic failure

In December, Superintendent Abdulla Nawaz said police investigation had stalled as police were unable to ascertain the identity of the man in the sex tapes.

At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September.

The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.

A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a commission vote.

The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.

“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

In May, the police closed investigations and said it would only open the case if it receives new information.

“Yameen’s back-up”

The room and date stamp in the sex tapes appear to be the same as that in previously leaked footage of Hameed meeting a local businessman Mohamed Saeed, the director of ‘Golden Lane’.

In that video, Hameed asserts that he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

Yameen narrowly won the presidential election with Gasim’s backing.

“Even [ex Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he appears to add, although the audio quality is poor (01:49).

One of the men claims to have heard plans to “kill off” leader of former Dhivehi Rayithunge Party (DRP) leader Ahmed Thasmeen Ali and refers to a “second person to be killed,” however, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The person believed to be Hameed then promises, “If it comes into my hands, I will kill him off.”

Corruption charges

The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010.

However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found MVR2,223 (US$144) was transferred Justice Hameed’s state-funded mobile phone on different occasions during 2010.

Other cases

Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists. A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

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How will guest house islands benefit the community?

With the unveiling of the first guest house island plan this week, industry experts have questioned whether the government’s new guest house tourism policy will benefit the local communities in the same was as past approaches.

“The guest house is a policy – a development implement,” said former Minister for Economic Development Mahmud Razee.

“It should be an equitable thing – if it is purely a tourism policy that is only on a selected island, then we are moving away from the fundamental issue of enabling all Maldivians to benefit from tourism.”

The model’s first project – the Thumburi ‘Integrated Resort Development’ scheme – was launched on Monday night (June 23), being branded as a way to “responsibly diversify the tourism product of the Maldives”.

Recent guest house development – reintroduced by the Maldivian Democratic Party after a decades-long hiatus – was intended to open up the billion dollar tourism market to small and medium sized businesses.

While the placement of guest houses on local island was also intended to stimulate the local economies, concern was expressed by religious groups regarding the impact on local communities.

President Yameen’s guest house island policy – included in his election manifesto – instead plans to recreate the more traditional resort concept, with the participation of multiple smaller entrepreneurs.

“Once again today we are looking to diversify tourism, to shape it in a different way. It does not mean moving away from the existing concept of having one resort on one island,” said Yameen at Monday’s launch.

Yameen also revealed that future developments would take place within proposed special economic zones, which will cede local authority to incoming foreign investors as part of  a system of incentives agreed upon at the government’s discretion.

‘A new concept for a world class brand’

Describing the project as “a new concept for a world class brand”, the Thumburi brochure reveals plans for several beach hotels with rooms ranging from US$100-200 – far less than that currently charged by the country’s budget resorts.

The development of the project will be overseen by the government’s marketing corporation, the MMPRC – who unable to respond to further queries at the time of press.

Tourism Minister Ahmed Adeeb has previously told Minivan News that, while his government would continue to support individual guest houses, there was a reluctance to promote them for fear of damaging the country’s brand as a luxury tourism destination.

“The thing is, from a marketing perspective, we have positioned the Maldives as a high-end destination,” explained Adeeb.

“A-category guests will continue coming for as long as we market the country as an A-category destination. Guests for B,C,D and E categories are something we automatically get.”

General Manager of Sales and Marketing at Triple A resorts Willem Fokkenrood, however, disagrees with this assessment, suggesting that this type of exclusive approach is outdated.

“Does guest house and B&Bs damage Hawaii’s image? No, it just puts more money into the pot.”

Fokkenrood also suggested that placement of the of the guest house concept on single islands would “defeat the purpose” of the model.

“People want to have guesthouses so the local people can reap the benefit from it. If you open a guest house island, what benefit are you talking about?” he asked.

“Because you get to stay with the local population, it’s a draw for a lot of people to say ‘I have stayed in the real Maldives’.”

Fokkenrood felt the key difference between the new concept and the traditional guest house model would be the addition of pork and alcohol products – illegal on the Maldives’ inhabited islands – to the mid-market sector.

“That would change the game, then it becomes a direct competitor to these established resorts,” he said.

Razee, however, felt that the policy may represent an attempt to reassure current industry leaders – described as oligarchs in a recent UNDP report – that the mid range market would progress in a “more controlled fashion”.

Minivan News was unable to obtain further comment from the Tourism Ministry on this subject.

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Swell waves flood Thimarafushi airport runway

The Thaa Atoll Thimarafushi Airport runway has been hit by high swell waves.

According to Thimarafushi Council President Hussein Shareef, waves flooded approximately 150- 250 foot along the runway and covered it with waste.

The airport fence was also destroyed, he said.

Only one flight was scheduled out of Thimarafushi today. The flight departed at 9:40 am before the waves hit.

According to Channel News Maldives (CNM), part of Rathafandhoo Island in southern Gaaf Dhall atoll also was also flooded with swell waves this morning.

Islanders told CNM that water had come up to one feet in some areas and an area measuring 700 foot on the north eastern side of the island.

Several islands in the Maldives have reported flooding from swell or udha waves since the onset of the wet season in June.

Udha is a common phenomenon in the Maldives, particularly during the south-west monsoon, and is often associated with changes in ‘Nakaiy’ – the fortnightly intervals of the Maldives’ unique weather calendar.

A local environmentalist familiar with the Nakaiy system said Udha waves are connected to the moon, gravity, and changes in winds and said it is a completely normal natural phenomenon but that it could harm islands which are already eroding.

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Criminal Court detains two individuals caught with MVR0.9 million drug haul for five days

The Criminal Court on Tuesday extended pre-trial detention of two individuals caught with MVR900,000 (US$58,366) worth of illicit drugs to five days.

The Drug Enforcement Department (DED) caught the two individuals on arrival from the airport to Malé Monday. They are Maldivian nationals aged 48 and 31 years.

The police believe the drugs were trafficked via air.

According to the police, the 31-year-old was accused of stealing money and documents from fifth floor apartment on Malé’s Dhafeena Building in December 2011.

On Tuesday, the DED also searched both of their residences and found documents related to the drug haul.

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