Indian Chief of Army Staff to visit Maldives

India’s Chief of Army Staff General Bikram Singh will arrive in Maldives tomorrow on a two-day official visit. During the visit he will hold official bilateral talks with Maldives’ Chief of Defence force Major General Ahmed Shiyam.

He is also expected to pay courtesy visits to President Abdulla Yameen and Minister of Defence and National Security Mohamed Nazim.

General Singh’s  predecessor Chief of Army Staff General Deepak Kapoor also visited the Maldives in February 2010.

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Deputy PG’s resignation “irresponsible,” says President Yameen

President Abdulla Yameen called Deputy Prosecutor General Hussein Shameem’s resignation “irresponsible” and said criminal cases must proceed at the courts.

Shameem resigned on Monday citing the Criminal Court’s “obstruction” of the criminal justice system. State prosecutors are refusing to attend court hearings in the absence of a Prosecutor General (PG) and deputy PG. The PG position has been vacant since November 2013.

Shameem has called on the executive and the People’s Majlis to immediately appoint a new Prosecutor General, but Yameen said he will only submit a new nominee to the newly elected 18th People’s Majlis. Yameen’s Progressive Party of the Maldives (PPM) holds a majority in the new parliament.

“Now that we have acquired majority seats, we are becoming more comfortable. God willing, we will be able to acquire a full majority in parliament. I do not have the confidence that we will be able to get the required 39 votes if we initiate a special meeting of the current parliament,” Yameen said.

The current Majlis is in recess and it’s term is set to expire on May 28. It had previously rejected Yameen’s nephew Maumoon Hameed for the position.

Yameen said the executive would put out a third call for applicants, claiming the President’s Office had not received enough applications during the second call.

Five individuals had expressed interest. They are Shameem, Tourism Minister under the MDP administration Mariyam Zulfa, Criminal Court Judge Muhuthaz Muhusin, lawyers Aishath Fazna Ahmed and Mohamed Shah. A third call will allow Hameed to submit an application once again.

Speaking to local media, Yameen said he does not accept Shameem’s resignation at a time when the state does not have a serving PG, and said criminal cases must proceed as long as the courts allow it.

“I do not understand it. I cannot accept it. So I think the best option is to go forward with the regular cases, except the major cases, even if there isn’t a Prosecutor General, as long as the courts allow it, isn’t it? I will be very pleased if things happen in this manner,” he told the newspaper Haveeru.

Chief Justice Ahmed Faiz Hussein has also said criminal cases must continue.

“The Constitution does not recognize the post of a Deputy Prosecutor General. What the Constitution accepts is a Prosecutor General. About four months have passed since we last had a Prosecutor General. That issue has been already reviewed. The situation has not changed,” Faiz said, referring to a Supreme Court order on February 18.

The order was issued in response to the Criminal Court’s refusal in January to proceed with all criminal trials in the absence of a PG, and refusal to begin new trials in February.

The Criminal Court released a statement today announcing that it will abide by the Supreme Court order and continue conducting cases.

In a resignation statement, Shameem said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

PG Office Spokesperson Hussain Nashid was not responding to calls at the time of press.

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Maldives tuna source UK’s first certified sustainable tuna sandwich

Tuna caught in the Maldives is the source of the UK’s first certified sustainable tuna sandwich, UK media have reported.

The Supermarket chain Sainsbury’s uses the Marine Stewardship Council (MSC) certified pole and line caught tuna from the Maldives in its new range of sandwiches.

The MSC ‘eco-label’ is said to provide consumers with the assurance that a product is traceable back to a certified and sustainable source. In November 2012, the Maldivian pole and line skipjack fishery received the certification for its low-impact technique where each wild fish is caught individually to reduce by catch.

“By choosing tuna from the Maldives tuna fishery, Sainsbury’s is supporting artisanal fishermen who have made an international difference to the way the Indian Ocean fishery is managed,” the Marine Steward Council’s Senior Country Manager Toby Middleton said.

He went on to describe the move by Sainsbury’s as a milestone for sustainable seafood.

The Maldives’ skipjack tuna fishery is the first Indian Ocean tuna fishery to receive the MSC certification. At the time, Minister of State for Fisheries and Agriculture Hussain Rasheed Hassan said export prices for Maldivian tuna would increase with the certification.

“There is a much better opportunity to sell abroad now, and despite our tuna already selling at a premium rate, I believe this certification will mean it is very likely that the prices will increase further,” he said.

In November 2013, the European Union declined to extend the duty-free status of imported fish from the Maldives following the country’s failure to comply with international conventions concerning freedom of religion.

The Maldives exports 40 percent of its US$100 million fishing industry to the EU, its single largest export partner by value.

Until January 2014 those exports were duty-free under the Generalised System of Preferences (GSP) program, a non-reciprocal trade agreement extended to developing countries.

Maldives’ Fisheries Minister Ahmed Shafeeu said the government’s application for a year’s extension under the ‘GSP Plus’ program was declined as it had not ratified all 27 required international conventions.

He warned that the sudden imposing of a 14- 20 percent duty on fish imports would lose the Maldives its competitive advantage over the larger fishing fleets of nearby Sri Lanka and Thailand, and reduce profits to “a marginal value.”

The Maldives National Chamber of Commerce and Industry (MNCCI) slammed the EU in March, claiming the organization was attempting to spread values that Maldivians do not accept.

“When they took this action against us, they did not consider that the Maldives is the country that does fishing the most environmentally friendly way,” MNCCI Vice President Ismail Asif said.

Fisheries is the country’s largest employer at 40 percent and second largest industry.

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Maldives Trade Union set up to advocate for SME rights

A trade union to protect the rights of small and medium businesses has been established in the Maldives.

The Maldives Trade Union (MTU) held a meeting on May 5 to select members to its governing board. Founder Fuad Zahir was automatically appointed as MTU’s president. An estimated 180 businesses have joined the union, local media reports.

Zahir, who heads Treasure Biz International, called the Maldives’ nascent tax system “failed” and said there was a culture of increasing taxes in the country.

Zahir and the Maldives Inland Revenue Authority (MIRA) had previously clashed over his company’s refusal to register for the Goods and Services Tax (GST).

On receiving an audit notice in 2012, Zahir told the MIRA over the phone that it could not conduct an audit of the company and claimed the law authorizing MIRA to conduct audits were against the constitution, a 2013 statement from MIRA said.

MIRA then sent in auditors to seize documents from Treasure Biz in December, 2012. Zahir filed a case to retrieve the documents at the Civil Court, but MIRA returned the documents in January 2013 before a ruling was issued.

An official from the authority told Minivan News today said they had asked the Prosecutor General to file tax evasion charges against Treasure Biz.

The two Vice Presidents of MTU are Shamha Trader’s owner Abdul Rasheed, and Venus pvt ltd’s owner Ali Hussein.

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Police arrest an ‘illegal’ mango vendor

The Maldives Police Services arrested an expatriate mango vendor at the Malé local market for “illegal” mango vending, local media have reported.

The man had also set up shop in the parking zone. The police confiscated the vendor’s mango boxes and arrested a man who attempted to stop the expatriate vendor’s arrest.

Expatriate workers brought in on work visas are not allowed to work as vendors, Sun Online said.

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Three arrested in connection with drug cases

Police have arrested three persons in connection with three different drug related cases.

In a statement issued today the police said a 36 year-old man was arrested from the island of Dhaandhoo Island in Gaafu Alifu Atoll.

Police said the man had thrown away something on seeing police officers on patrol on the street, and when police officers examined the items they found it was a cellophane packed with illegal drugs.

Another 26 year-old man was also arrested from the island on May 6 with five cellophane packets containing illegal drugs.

The third person was arrested in Malé on May 5 with six rubber packets containing illegal drugs. The man had run away from the police when he was stopped on suspicion of possessing illegal drugs.

But police officers managed to arrest him and take him to Maafannu Police Station.

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President approves US$ 25 airport service charge hike

President Abdulla Yameen Abdul Gayoom has ratified a law raising airport service charge from departing foreign passengers to US$ 25.

The law will come into force in July and is part of the current administration’s revenue raising measures.

The government anticipates over MVR 100 million (US$ 6.4 million) in additional revenue from the increased departure tax.

The People’s Majlis has also approved other revenue raising measures proposed by the government, including hiking import duties, reintroducing the bed tax until the end of November, raising the Tourism Goods and Services Tax (T-GST), and introducing GST for telecommunications services from May 1.

A proposal by the administration of former President Mohamed Waheed to raise the service charge to US$30 was narrowly defeated in April 2013.

The 1978 law imposing the airport service charge on departing passengers was first amended under the Maldivian Democratic Party government and raised to US$18.5 for foreigners.

The imposition of a similar Airport Development Charge (ADC) of US$25 by Indian infrastructure group GMR was previously a major point of contention for the Waheed administration, which terminated the concession agreement with the GMR-led consortium to modernise the airport in December 2012.

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State prosecutors halt all criminal trials

State prosecutors at the Prosecutor General’s Office have refused to attend hearings in the absence of a Prosecutor General (PG) and a deputy PG.

The office’s leadership is currently vacant with former PG Ahmed Muizz’s resignation in November 2013 and deputy PG Hussein Shameem’s resignation yesterday. Shameem said he was unable to carry out his duties due to the Criminal Court’s “obstruction” of criminal justice.

Criminal Court Chief Judge Abdulla Mohamed told local media today the court will continue with criminal trials even in the absence of a PG or Deputy PG unless the Supreme Court indicates otherwise. Mohamed had previously halted all criminal proceedings for three weeks in January citing state failure to appoint a PG within the 30 days,

In response, PG office Spokesperson and lawyer Hussain Nashid told Minivan News state prosecutors were now in a “legal void,” and could not attend court.

“We have sent a letter to all courts where cases were scheduled, informing them we refuse to attend court, due to the legal void we are currently facing in the absence of a PG or a Deputy PG to lead us. We have not yet decided what action we will take in the future, but the general consensus is to wait till a relevant authority decides on the matter,” he said.

Shameem’s resignation and the state prosecutors’ refusal to attend court brings the criminal justice system to a halt.

Extraordinary session

Shameem has called on President Abdulla Yameen to submit a new PG nominee and the 17th People’s Majlis – currently in recess and rapidly nearing the end of its five year term – to approve a candidate immediately. The newly elected 18th People’s Majlis is to take the oath of office in late May.

Chair of the Independent Institutions Oversight Committee Ahmed Sameer has called on the current Majlis to find “a permanent solution” rather than wait on a Supreme Court ruling.

“The solution is to hold another meeting before May 28 and select a PG. I call on the relevant bodies to do so,” he told local media.

But Speaker Abdulla Shahid told Minivan News the Majlis cannot approve a new PG unless Yameen submits a new nominee. The president’s first nominee – his nephew Maumoon Hameed – narrowly failed to garner enough votes in March.

“How can the parliament sit to decide on the matter when there aren’t any submitted nominees?” he said.

President Office Spokesperson Ibrahim Muaz Ali was not responding to calls at the time of press.

Shahid also added that he is not authorized to call an extraordinary session unless the President declares a state of emergency or one-third of the MPs request an extraordinary session.

“If a minimum of 26 members sign a motion asking for a special meeting to be held to decide on a matter in the parliament agenda, then it can be done. The government coalition has over 26 parliament members, so they will be able to do this if they so wish,” he said.

Progressive Party of Maldives (PPM) MP Ahmed Nihan said the governing coalition has not held any discussion on the matter as many MPs belonging to the coalition government are out of capital city Malé.

“This matter had not risen back when the last meeting of the parliament was held. At the time, there was no indication that the Deputy PG would resign. So we haven’t really discussed the matter yet. I believe that we might be having an internal meeting relevant to the matter tonight,” he said.

Obstruction of justice

In his resignation statement yesterday, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

The Criminal Court and PG office have been at loggerheads since January, with the court agreeing to proceed with criminal cases only after two Supreme Court orders in three weeks. However, the court formulated new procedures to delay and impede the PG office’s ability to submit criminal cases, Shameem has previously said.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said yesterday.

MP Sameer contended Shameem cannot resign in the absence of a PG. It is the PG who appoints a deputy and hence the deputy cannot resign if there is no PG, he argued.

“Surely, the President cannot accept this resignation. That is something that can be done by a Prosecutor General. There is no one at the moment to accept the Deputy PG’s resignation. However, if Shameem is not getting the necessary cooperation and is unable to fulfill his duties, then he can stop serving for the time being. I do not see any other possibilities in this matter,” Sameer told Haveeru.

But lawyers have told Minivan News no person can be “forced” to remain in any particular position.

“The Deputy PG can most definitely resign. A person cannot be forced to stay in a position based on the possible outcomes of a resignation. If the PG can resign, then the Deputy PG can resign too. If the law does not define a course of action in the instance that the country is lacking a PG and a Deputy, it is the lawmakers who must come up with a solution. It cannot be reason to force someone to remain in a position against his will,” lawyer Mohamed Shafaz Wajeeh said.

Another lawyer – on condition of anonymity – echoed Wajeeh’s views, adding “in the instance that we did not have a PG, it was the Deputy who was answerable to the oversight committee in parliament. Under that same logic, he can also resign if the PG can. The law must be interpreted in such a way that it does not allow for anyone to be in any position under force.”

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Ayyube murder suspect denies charges

Fauzan Mohamed, a suspect arrested in connection to the murder of 76 year-old Ali Hassan ‘Ayyube’ has denied the charges levied against him in the Criminal Court and has said he did not want the state to appoint him a lawyer.

According to online newspaper ‘Haveeru’, a hearing in to the case was yesterday held at the Criminal Court where the Judge repeatedly asked Fauzan if he wanted the state to appoint him a lawyer. But, he replied that he will continue the trial without a lawyer and said he will not need a lawyer at any point of the trial.

During yesterday’s hearing, the state presented four witnesses, a DNA report, Ayyube’s death certificate and a crime scene report.

Fauzan also presented two witnesses for his defense but he did not have the full name and permanent address of the two witnesses. The judge asked him to provide a written document including the full names and the permanent address of the witnesses.

Ayyube’s body was discovered with multiple stab wounds in an abandoned house on Kudahuvadhoo on January 8, 2013. Police arrested six individuals in connection to the case.

The victim had previously been accused of using sorcery on Fauzan’s 37 year-old mother. She was reported missing at 2:00am on December 4, 2011 and her body was found floating in Kudahuvadhoo lagoon later that morning.

Island Council President of Kudahuvadhoo Ibrahim Fikry at the time told Minivan News that the islanders were all frightened after Ayyube’s death.

“After the death of the woman the islanders were scared, and then this incident occurred and now the islanders are worse,” he said adding that no one walked the streets after the sun went down.

“The injuries sustained were horrific,” Fikry told Minivan News at the time. He said that the victim’s forehead was slashed and that his neck was slit. “There were deep stab wounds to the chest and back, revealing the bones. The intestines were visible from a slash to the stomach,” he recalled.

In March, 2013, two minors charged with Ayyube’s murder pleaded guilty to aiding the murder in court. The two minors were charged with spying on Ayyube before the murder, and assisting the assailants to hide the weapons they used to murder him.

The step-grandson of Hassan was also summoned to the Criminal Court for his involvement in the case.

He told the court that he believed Fauzan murdered Ayyube because he was rumored to have killed Fauzan’s mother.

If found guilty, Fauzan will be sentenced to death. The death penalty will be implemented if the Supreme Court upholds the sentence and if all of Ayyube’s heirs desire the death sentence.

Before the trial ends, the court will take statements from all heirs of the victim to determine if they had any objection to passing death sentence on Fauzan.

On April 27, 2014, Home Minister Umar Naseer has said that death penalty will be implemented in the Maldives from that day onwards with the publication of procedural regulations concerning death penalty and its implementation in the government gazette.

Maldives has been maintaining an unofficial moratorium on the death penalty since 1953. After 1953, the heads of state have always commuted death sentences to life imprisonment through powers vested in him in the Clemency Act.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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