Tag: maldives

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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Chinese companies express interest in Hulhumalé – Malé bridge

Three Chinese companies have submitted detailed expressions of interest in building a bridge between capital Malé and surburb Hulhumalé, Economic Development Minister Mohamed Saeed has said.

They are Dongfeng, China Machinery and Engineering Corporation (CMEC), and Beijing Urban Construction Group (BUCG), he said.

Although 19 parties from 8 countries had expressed interest following an investment forum in Singapore, only three submitted detailed expressions of interest.

Speaking to the press on Tuesday, Saeed also said the documents will be evaluated in July and expressed hope work could commence in December this year.

President Abdulla Yameen is also seeking investment in four more infrastructure projects. They are development of Ibrahim Nasir International Airport (INIA), development of northern Ihavandhippolhu atoll, relocation of the Malé port to Thilafushi Island, and the development of a youth city on Hulhumalé.

Saeed said the government is in discussion with investors on the relocation of Malé port and the project will give the Maldives a competitive edge over other ports in the region.

Reclamation work for Hulhumalé Youth City will begin within weeks and revetments will be installed by December 2015, he said.

He further said a technical team has been set up at the President’s Office to facilitate investment in oil exploration.

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Police launch new information management system

The Maldives Police Services has launched a new information management system today.

Speaking at a ceremony held to inaugurate the Police Information Management System (PIMS), Commissioner of Police Hussein Waheed said the new system will facilitate investigations and introduces new services.

The system facilitates the handling and storing of information regarding investigations and evidence, and dramatically reduces paper costs at the office, he said.

The Police Management Board also held discussions on posting police officers on all inhabited islands on Tuesday.

According to a police statement, the board aims to increase or limit officers depending on the population and number of crimes. The size and amount of services available at police stations will also vary depending on these factors.

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Government seeks US$600 million from China and Japan for airport development

The government of Maldives is in talks with the Japan Bank for International Cooperation (JBIC) and China Exim Bank to secure a US$600 million for airport development.

Tourism Minister Ahmed Adeeb said the government is seeking US$200 million from JBIC and US$400 million from China’s Exim Bank to develop a terminal and runway respectively.

Sinagpore’s Changi Airport Group will be hired as consultants as they are better qualified to work with Chinese and Japanese contractors, he added.

The government is in the process of finalising an agreement with Changi, he said.

Speaking to the press on Tuesday, Adeeb said he does not expect a Singaporean tribunal’s ruling ordering the government to pay damages to former airport developer GMR Infrastructure for wrongful termination to affect the government’s new plans.

In abruptly terminating the contract, the government had chosen to protect the country’s multibillion-dollar tourism sector, Adeeb said. He claimed major airlines had threatened to cease operations in the Maldives following the GMR takeover – a move that may have led to collapse of tourism.

Compensation

Adeeb has dismissed opposition fears of an imminent sovereign debt crisis if forced to pay GMR’s initial claim of US$ 1.4 billion, repeatedly stating the government has the capacity to pay compensation.

“God willing, our airport will be developed. Our economy will grow with the special economic zone bill, and our government will become rich, we will overcome our budget deficit and god willing we will be able to pay any amount we have to,” he said.

Adeeb also said the arbitration tribunal had ruled out the US$1.4 billion claim as a large percentage of the claim is business opportunity losses.

The exact amount of compensation is to be set in a second phase of arbitration and will factor in concession fees and the amount GMR invested in INIA.

President Abdulla Yameen has previously predicted compensation to be approximately US$300 million, while former Attorney General Azima Shakoor in 2012 said the figure may be as high as US$700 million.

The World Bank in December said GMR’s compensation will place severe pressure on the country’s already “critically low” reserves.

As of April 2014, the Maldives’ gross foreign reserve stood at US$434.8 million, while total outstanding debt at the end of 2013 stood at US$793.6 million dollars.

GMR or tourism?

The concession agreement was “lopsided,” “biased” and negatively affected airline operations in the Maldives, Adeeb said.

“[I]t was either tourism or GMR contract. Only one of them would survive in the Maldives. Airlines were complaining, some airlines were moving out – as you know, for big airlines like Qatar, it is no big deal for them to stop operations here. For them, this is a very small market. If airlines stop operations, a country’s tourism will go bankrupt. We have seen the decline to tourism in Seychelles and Mauritius. We had to take action,” he said.

“IATA research shows seat capacity from Europe decreased from 2010 – 2012, and it was not affordable for charter airlines to fly to the Maldives. They were increasing fuel prices, by week, by month, for big scheduled airlines, without considering world prices, because they had a monopoly. Due to the agreement, there was nothing the government could do,” he added.

However, a 2013 Auditor General report presented a “mixed picture”, stating only Sri Lankan airlines definitively ceased refueling due to increased price of fuel.

Adeeb said he believed airport infrastructure are tourism investments, and pledged to integrate tourism and regional airport development.

“We want responsible investors, not just investors,” he said, adding that the government will sue former government officials who have caused losses to the government through lopsided business contracts.

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Tourism minister defends under-fire economic zones bill

With additional reporting by Zaheena Rasheed

Tourism Minister Ahmed Adeeb has responded to critics of his government’s Special Economic Zones (SEZ) bill, arguing that stimulating regional infrastructure will lead to long term development.

“I think the critics have got it wrong, they believe we are trying to centralise all the housing and everything to Malé – bringing all the people from here and there and then giving all those islands to corporates,” Adeeb told Minivan News today.

The SEZ bill – recently introduced to the People’s Majlis – gives the government the authority to relax regulations for foreign investors in designated regions, prompting fears that local autonomy will be lost.

Adeeb – also head of the cabinet’s economic council – said that his government strongly believed in a model of development followed by decentralisaton, arguing that the Maldives did not yet have enough resources to facilitate devolution.

“Land, labour, and capital – the central government and the regional governments are fighting for it as we don’t have enough resources even for the existing government to cover the budget deficits.”

“I believe when there’s enough economic activity we can give more powers to the councils,” he continued.

The aim of the bill was to encourage further development of tourism outside of the central atolls – or the ‘sea plane zone’, he added, referring to the proximity from Malé’s international airport.

“Even you see even President Nasheed’s guest houses, it’s getting centralised in Malé because it’s more feasible here,” he explained.

“I believe that by doing the SEZ Act, we will bring the investment to these regions and this is the real decentralisation of investments.”

Incentives

The bill has been touted as a way to incentivise investors as the government works to attract new development after years of political instability.

“Our total focus in on economics – we are not running behind our political opponents and we have stopped political rhetoric now – we have stopped responding to that but we are responding to economic issues,” said Adeeb.

Envisioning up to nine zones designated by a 17-member board consisting largely of government officials, the legislation includes the development of industrial, free-trade, offshore finance, and high-tech zones.

Article 33 makes clear that, once designated an SEZ, local councils will no longer have authority over the area.

Adeeb explained that, while consultations would be held with local authorities, the details of the incentives granted to incoming investors would be at the discretion of the central government.

“There will be consultations with the local councils, but the decision making power will be here because we want to take decisions very fast and we want development as soon as possible.”

“If Singapore had been reluctant, and had not taken the decisions they had taken, they would never have reached the economic development they have,” he added.

Although the government has expressed hope that the move could pave the way to an economy less reliant on the tourism industry, Article 74 allows up to 40 percent of any zone to be tourist-related development.

The bill requires the Maldives Customs Service to formulate regulations for each zone, while a zone administration office will provide security services.

Article 77 mandates that only 10 percent of technical experts can be foreign, though this can be overridden by the investment board – which can also add a number of additional incentives to contracts such as extended tax relief, and leasing land to foreign companies for up to 99 years.

“It will be according to investment size and scope,” explained Adeeb. “The law gives the power to give even one hundred percent of those [incentives] but that doesn’t mean that the government will act on that.”

Critics

The bill’s most prominent skeptic so far has been MMA Governor Dr Azeema Adam who has suggested that, without enhancing local employment, the bill will offer little immediate regional benefit the regions.

“In the special economic zones, developers have the right to bring any amount of expatriate workers as well, so we might be able to generate jobs, but if those jobs go to expatriates we are not going to reap the benefit of such development activities,” said Dr Azeema – who will sit on the investment board should the bill be passed.

Salma Fikry, a former recipient of a President’s Award for services to decentralisation, has suggested that the bill works against the spirit of devolved government – shifting power from elected representatives to corporations.

“Corporations don’t work for the public good, they work for corporate profit. Is Adeeb saying he is satisfied with trickle down economics?” she asked.

“This is leading the ownership of this country’s resources into the hands of a handful of corporations driven by the quest for short-term power and financial gain. It is not sustainable nor empowering for the Maldivian population,” continued Salma.

Elsewhere, the decentralisation advocacy group the Rajjethere Meehun Party has described the bill as “a monster in the making”, while members of the social community ‘The Maldivian Economist’ have questioned the bill’s logic.

“If it is for other industries, why so many benefits to tourism sector in SEZ bill?” asked the group, noting that the industry is currently thriving – with resorts often in close proximity to local councils.

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Home Ministry dissolves Bar Association

The Ministry of Home Affairs has dissolved the Maldives Bar Association (MBA) for failure to change its name as per a Supreme Court ruling and appoint a governing committee.

A Home Ministry letter also said the organisation had failed to submit an annual report as per regulations.

The Bar Association – formed in April 2013 to empower, lobby, and advocate on behalf of legal practitioners – is headed by veteran lawyer and former Attorney General Husnu Al Suood.

On April 9, Supreme Court told the Home Ministry to ask the organisation to change its name within 14 days, claiming the Bar Association title could only be used for an official  body regulated by law with the participation of the entire legal community and judicial sector.

Speaking to Minivan News, Suood he believed the government had dissolved the Bar Association claiming it posed a threat to national security.

“We are aware that one of the reasons for dissolving the Bar Association is that it poses a threat to national security and sovereignty of the Maldives as per national security intelligence,” he said.

Suood said the organisation would challenge the Home Ministry’s decision at court and condemned the limited space for civil society in the Maldives.

“We feel that there is no space for civil society in the Maldives. It has come to our knowledge that the Home Ministry has temporarily suspended registration of NGOs until they have received legal opinion from the Attorney General’s Office,” he added.

The Bar Association had refused to change its name, but said it would step aside should new legislation on the legal profession provide for a Bar Council.

A 2013 UN report recommended that a “self-regulating independent bar association or council” be established to oversee the legal profession.

Suood noted that the MBA currently has over one hundred members, representing around one fifth of the country’s practising lawyers, with a full membership drive waiting until new legislation is completed.

The Supreme Court’s initial letter to the Home Ministry came in the aftermath of a Bar Association statement calling for the suspension of Supreme Court Judge Ali Hameed pending an investigation into the judge’s alleged appearance in a series of sex tapes.

Hameed’s continued presence on the Supreme Court bench contravenes the Islamic Shariah and the norms of justice, the organization said.

“Given the serious nature of the 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.

Suood was on a watchdog Judicial Service Commission’s sub committee to investigate the matter. The Supreme Court had suspended Suood from practicing law in January for alleged contempt of court.

Meanwhile, lawyer and former Minister of Youth and Sports Hassan Latheef condemned the Home Ministry’s decision as a violation of the right to freedom of association.

“I believe this is an attempt to stop us lawyers from advocating in our defense,” he added.

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