Criminal Court refusing to accept serious cases, Deputy PG tells MPs

Deputy Prosecutor General (PG) Hussain Shameem has told MPs on parliament’s independent institutions committee that serious cases are pending at the PG office due to Criminal Court’s procedure on accepting cases.

Serious cases of corruption, drugs and child sex abuse had not reached trial because the Criminal Court was refusing to accept the cases, he said.

The court was informing the PG office that cases should be filed at the magistrate court on the home island of the accused, Shameem explained, noting that magistrate courts could not hear drug cases and that in most cases the suspect was residing in the capital.

The Criminal Court in December last year suspended all ongoing cases and decided not to accept new cases filed by the PG office, claiming the court cannot proceed with trials in the absence of a PG.

In February this year, the Criminal Court started accepting new cases after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

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Former President Nasheed asks High Court to expedite case concerning Hulhumale’ magistrate court bench

Former President Mohamed Nasheed has asked the High Court to expedite the case filed by his legal team challenging the legitimacy of Hulhumale’ magistrate court’s bench.

Speaking to Minivan News today, former Human Resource Minister Hassan Latheef – a member of Nasheed’s legal team – said that the case has remained stalled at the High Court for over a year now.

“We filed the case at the High Court after we noticed that there were many issues regarding how the Judicial Service Commission (JSC) has composed the bench,” Latheef explained.

“For one thing, the JSC does not have to bring selected judges from throughout the country and compose a bench to conduct the trial of a specific individual, that is not the normal procedure.”

The original case filed at the Hulhumale’ court – concerning the military’s controversial detention of Criminal Chief Judge Abdulla Mohamed in January 2012 – needed to be concluded soon because former President Nasheed did not wish to have pending criminal charges, Latheef said.

“But the case at the Hulhumale’ Court can only be continued when the High Court concludes this case we have filed at the High Court,” he noted.

“’When we filed the case at the High Court, on April 1, 2013 the court issued an injunction ordering Hulhumale’ court to halt the trial against Nasheed until the court concluded the case we have filed.”

The case filed by Nasheed’s legal team challenging the legality of the magistrate court bench was stalled after the JSC suspended the former High Court Chief Judge – who was presiding over the case – pending an investigation over a disciplinary matter.

During the hearings held at the High Court, the JSC contended that the High Court did not have jurisdiction to rule on the case as the panel of judges presiding over Nasheed’s trial was appointed based on counsel from the Supreme Court

Nasheed said at the time that he was  “prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court to defend the decision.

Nasheed also dismissed accusations of the High Court, the Supreme Court and the prosecutor general that he had ordered the military to arrest Judge Abdulla unlawfully.

“I did nothing unlawful during my tenure,” he insisted.

Nasheed also urged the public to attend the trial and witness proceedings, alleging that the case was politically motivated.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

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President predicts US$300 million compensation for GMR

The Maldivian government believes GMR is owed US$300 million in compensation for the premature termination of the contract to develop the Ibrahim Nasir International Airport (INIA) instead of the US$1.4 billion the company is seeking, President Abdulla Yameen Abdul Gayoom told reporters upon his return to Malé last night.

Speaking to press after returning from Singapore to attend the Maldives Investment Forum, President Yameen insisted that the arbitration proceedings over GMR’s compensation claim has not deterred investors.

The INIA development project was the most popular among attendees at the forum, he said.

“The biggest interest was for the airport,” Yameen said.

The event – which took place on April 25 – was attended by over over 160 companies and nearly 200 representatives from 16 countries, and was the first overseas investor forum organised by the Maldives.

GMR compensation claim

Speaking to the press at the airport, Yameen argued that the previous government was within its rights to terminate the contract as it “damaged state and national interests”.

But since GMR had carried out some of the development works at the airport, the government has to pay compensation, he conceded.

President Yameen said that the compensation payment would affect the state budget, but added that $300 million is a “manageable” sum.

The state-owned Maldives Airports Company Limited (MACL), which now manages the airport, is “saving up” that sum, he said.

This statement comes after GMR is reportedly sticking to the US$1.4 billion compensation claim for the abrupt termination by the Maldivian government in December 2012.

“The forceful takeover of the airport by Maldives government amounts to repudiation of a valid contract and therefore damages, including loss of future profit has to paid. Thus, GMR’s claim is $1.4 billion,” Indian media reported the Bangalore-based infrastructure giant as saying in a statement on Friday (April 25).

Investment forum

On the investor forum, President Yameen said companies were also interested in developing a trans-shipment port in the north of the country, along with economic stimulation investments in Hulhumale’.

The island is a reclamation project to the north of Male’ to cater for the housing, industrial and developmental demands of the capital.

“Alongside (interests for the airport), there was (interest) for the economic development of Hulhumale’,” President Yameen said.

“Some large Chinese companies brought us (proposals) to develop a township in Hulhumale’, in addition to different (development) components for the airport. God willing, if we can put the effort, there is a lot to be gained here,” he added.

Moreover, the Ministry of Transport is seeking investors for building four new domestic airports. They are to be established on Haa Alif Huvanadhoo, Alif Alif Mathiveri, Faafu Magoodhoo and Meemu Muli.

The government is proposing leasing one or two islands for 25 years for resort development to the investors under a public-private partnership (PPP) programme in addition to a customs duty exemption for all equipment and material imported for the airport projects.

Moreover, the government has also made an announcement seeking a developer to expand Hanimaadhoo International Airport in the north of the country.

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Home Minister Umar Naseer to run for presidency in 2023

Minister of Home Affairs Umar Naseer has announced he will run for the presidency in 2023 and has pledged to back President Abdulla Yameen Abdul Gayoom for re-election in 2018.

“I am not a political threat to President Yameen. I am ready to work to help President Yameen get re-elected to presidency in 2018. What I may have said before, and the competition that existed between us before is a completely different matter. That has come to an end,” he said in an interview on state broadcaster Television Maldives’ Friday variety show ‘Heyyambo.’

Naseer lost to Yameen in the Progressive Party of the Maldives (PPM) presidential primaries in 2013 and alleged the primaries were rigged. He accused Yameen of illicit connections with gangs and the illegal drug trade and vowed to bring a “white revolution” within the party.

The PPM expelled Naseer from the party and he backed Jumhooree Party (JP) Leader Gasim Ibrahim in the 2013 presidential elections. Naseer was appointed to the cabinet when Gasim’s backing proved crucial in PPM’s second round win.

Speaking on Heyyambo, Naseer said Yameen will “have no reason to contest again” by 2023 and said he himself will run for the presidency then. The Maldives constitution limits presidential terms to two five year terms.

Naseer ran for the presidency in 2008 and won 2,472 votes.

Coalition friction

Naseer expressed confidence that he will be able to sort out any differences within the government coalition, pointing to his prior experience working with Yameen and Gasim.

Friction within the coalition became apparent with Gasim warning the PPM against betrayal in a rally on April 13.

But Naseer asserted that Yameen and Gasim are working together in the national interest.

He also dismissed competitive words exchanged between the two coalition partners in the lead up to the 2013 presidential elections as “an attempt to choose the best leader from among those sharing the same ideology”, and said personal ambition has now “taken a backseat and national interest is what drives [us] today”.

“Although we walked over each other in the race to select a leader amongst those of us who holds the same ideology, once we have come out to the actual national race we have removed our personal jerseys and donned the national jersey. Today we are playing in the national uniform,” he said.

Extradite offenders

Naseer said he will amend laws which require police to present detainees to the Criminal Court with 24 hours of arrest and spoke of plans to extradite Maldivian offenders.

Maldivian offenders will not be able “to hide in any corner of the world,” Naseer said.

“No offender should delude themselves into thinking that they can flee from the Maldives and peacefully live elsewhere. That cannot be done. The first topic of discussion that I take up with leaders, Home Ministers and police leaders of every country I travel to is that in the instance there is a runaway Maldivian offender in the country, they should arrest them immediately and turn them over to the Maldivian authorities.”

He also spoke about a recent police raid where 79 youth were arrested from the island of Anbaraa during a musical festival, where all detained were reported to have tested positive for illicit drugs.

It is permissible for Maldivians to go on picnics, play loud music and have fun, Naseer said.

“But, there cannot be the abuse of drugs or consumption of alcohol. There cannot be DJs. If these kinds of things are being done, the police will go in and stop the activities. What I am saying is, you can party, but you cannot ‘Ambaraa'”.

Referring to the controversial order he had made unto the Maldives Correctional Services to implement death penalty, Naseer asserted that he had done so only on prior discussions with the President.

The Attorney General is currently drafting regulations for implementation of the death penalty on the cabinet’s request, he said. The government would only implement the death penalty if the Supreme Court upholds the sentence, he reiterated.

Speaking on the illegal drug trade, Naseer alleged that “powerful gangs from neighbouring countries” are involved in smuggling drugs into the Maldives.

Naseer identified population dispersion as the biggest obstacle for development and called for population consolidation.

“If the desired development is to be brought about, the approximately 400,000 inhabitants of this country will have to start living on three or five islands. We cannot bring the development otherwise,” he said.

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MP Jabir in Malaysia for medical treatment

Jailed opposition MP Abdulla Jabir is seeking medical treatment in Malaysia, local media have reported.

The Maldivian Democratic Party (MDP) MP was hospitalised on April 8 after suffering respiratory difficulties. He is currently serving a one year jail sentence for refusal to provide a urine sample to police.

Jabir left the Maldives at 9:15 pm on Friday night without a set return date, the Maldives Correctional Services (MCS) told Minivan News.

Doctors at Indira Gandhi Memorial Hospital (IGMH) recommended Jabir go abroad for an examination of his heart, the MCS told local media. The service is not available in the Maldives, the MCS said.

Jabir was hospitalised for two weeks and transferred back to Maafushi prison on April 22 with a device to facilitate breathing – reportedly obtained from Singapore.

At the time of hospitalisation, the MP’s wife Dhiyana Saeed said Jabir had been born with birth defects which caused a sleep disorder called sleep apnoea. The disorder is characterised by pauses in breathing or instances of shallow or infrequent breathing during sleep.

In a text to MDP parliamentary group members, Dhiyana said at the time: “The pulmonologist who saw him says his previous surgeries for severe sleep apnoea has failed and needs to be admitted.”

In an interview with VNews earlier this month, Dhiyana said doctors had informed her that Jabir’s breathing stopped four times every hour.

Jabir was sentenced to jail in February for failure to provide a urine sample for a drug test during a police raid on the island of Hondaidhoo in November 2012.

A total of 10 people were taken into police custody at the time. Officers alleged they found large amounts of drugs and alcohol upon searching the island.

Seven people, including the MDP MP Hamid Abdul Ghafoor, face separate charges for refusal to provide urine, alcohol possession and cannabis possession. They include former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz, the manager of Jabir’s Alidhoo resort Jadhulla Jaleel and son of former Special Envoy to the President Ibrahim Hussein Zaki, Hamdan Zaki.

All seven have accused the police of brutality during their arrest.

The Prosecutor General also charged Jabir for possessing cannabis but the Criminal Court acquitted by the MP citing insufficient evidence.

Charges of alcohol possession remain outstanding, with the last hearing of Jabir and Hamid’s joint trial being suspended due to Jabir’s hospitalisation.

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“The authorities arrived in a wave of terror”, says eyewitnesses of Anbaraa arrests

Physical abuse, verbal harassment, and the excessive use of weapons have been reported by some of those detained following the police raids on the Anbaraa music festival last weekend.

“They used a lot of weapons- stun grenades and tazers, pretty excessive force when you’re raiding,” a reliable source told Minivan News.

Other attendees suggested police had threatened both physical torture and sexual violence. All Maldivian nationals interviewed for this article chose to remain anonymous.

Festival attendee Brandon Ingram – a Sri Lankan national – described the authorities as arriving “in a wave of terror, shooting their guns and shouting their violence in Dhivehi.”

The two day music festival – attended by 198 people,  including international DJs – was raided by police at 12:00am on Saturday (April 19), with the aim of shutting down the event.

A total of 79 people were arrested from the uninhabited island in Vaavu atoll, 19 of whom have been released to house arrest, while the remaining are being held at the Dhoonidhoo detention facility.

“They shot flares and one of them [an eyewitness] told me stun grenades were shot in centre of dance floor. Stun grenades are meant for dispersing large crowds – they shouldn’t be shooting at people,” stated an authority investigating the case.

Ingram’s recently published testimony of the raid describes gunfire and lasers, associated with stun grenades and rubber bullets.

Another person present at the festival alleged that, once they were handcuffed, police refused to give them water, had tightened the cuffs when they complained of swollen wrists, and refused to let them go to the toilet.

After a body search at around 1am, the police changed the cuffs to the front and the detainees fell asleep leaning on one another.

The tents and belongings were checked at around midday the following day, the source continued. The cuffs were only taken off after they had picked the 79 to be arrested – meaning they were handcuffed for 13 to 14 hours.

Verbal Abuse

In addition, many of the detainees have stated that police verbally threatened them. One attendee alleged that police told people, “if they didn’t calm down they would all be killed.”

“[Police] verbally abused all of them, harassed them, some of the girls – especially the girls – I heard a lot, one of them [police] said they were going to shove their batons up them.”

“One girl resisting arrest, they hit her from behind and manhandled her, another girl they pulled by the hair and shoved into the sand. It was mostly toward people who were resisting arrest,” stated a source who is investigating the arrests.

According to another eyewitness at the festival, while they were lying on the ground, one girl reportedly heard a policeman say, “why don’t we pour petrol on them and set them on fire, who’d know?”.

Additionally, Ingram recalled the “those authoritative looks of accomplishment and farcical displays of power.”

“They said to us, with conviction, ‘heroine, yea, that’s whatever… but alcohol and LSD, very dangerous.’ They pointed at the girls who were in shorts and tank tops and said: ‘these girls are naked in public, that is against law.'”

“They went on to say – ‘on resort anyone can do whatever they want, on normal island, you cannot.’ They also said – ‘Maldivian boys and girls want to have fun, they can go to other countries, other places, not here’.”

However, Ingram’s account claimed that the treatment by the police was not malevolent.

“They were not unkind to us – in fact they were almost as nice as our Maldivian friends,” he observed.

Drug tests

After the raid, police confirmed with the media that out of the 198 searched, the 79 arrested either tested positive for drugs, or had drugs in their possession.

Chief Inspector Abdulla Satheeh noted at a press briefing that the 79 persons taken into custody were arrested either with drugs in their possession or police suspected they were under the influence of drugs.

While the remaining 119 were released without charge, Satheeh revealed that none of them had been tested for drug use.

“The people who were let go were supposedly the people who they didn’t find anything on them. The urine test were taken much later,” confirmed a source investigating the arrests.

At the time of the arrests, the only tests the police carried out were a breathalyser test, with only two people testing positive for this, they continued.

Contrary to police reports, “they didn’t do urine tests for everyone,” revealed the source, adding that this was a key point that could stand in the detainees favour.

The Police Integrity Commission declined to comment on the events when contacted by Minivan News today, saying they were not yet investigating the case.

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Yameen concedes that GMR is owed some compensation

With additional reporting by Ahmed Rilwan

President Abdulla Yameen has today said the government was sure it would have to pay some compensation for cancelling the agreement made with the Indian infrastructure giant GMR to lease Ibrahim Nasir International Airport (INIA).

“The truth we should accept is that a government with all its sovereignty has given permission to a foreign party under an agreement,” said the president.

“So we believe some sort of financial compensation must be paid to them. A compensation must be given for taking the airport [from them]. What we are trying to make sure this compensation is not big but average.”

Yameen was speaking to the press before leaving for Singapore to take part in the Maldives Investment Forum – an event he described as “the first step taken towards a fresh start for the Maldives in today’s world economy”.

In November 2012, President Dr Mohamed Waheed’s cabinet declared the GMR agreement void ab initio – invalid from the outset – and ordered the developer to leave, just two years into its 25 year concession agreement.

President Yameen explained to the press today that his advisors believed that, if the arbitration panel could be persuaded that the deal had been anulled due to the airport’s national importance, the compensation would be small.

GMR had initially claimed US$1.4 billion – a figure greater than the Maldives’ annual state budget.

Yameen’s Progressive Party of Maldives (PPM) formed part of the Waheed coalition government, though it’s leader – former President Maumoon Abdul Gayoom – has since accuse Waheed of going against his party’s advice by failing to reach an amicable agreement with GMR and the Indian government.

During his first official state visit to Indian in January, Prime Minister Dr Manmohan Singh requested President Yameen to “amicably” settle the GMR airport issue.

Earlier this month, Yameen had said that the out-of-court amount sought by the infrastructure company was too great, and that he would now await the outcome of proceedings, which could take up to another two months.

The US$511 million concession agreement to manage and upgrade the airport – awarded under the former government of Mohamed Nasheed – was the single largest foreign investment in the Maldives’ history.

President Yameen will tomorrow give the keynote speak at the landmark investment forum, as he seeks to generate interest from foreign investors for five ‘mega-projects’ – one of which is the further development of Ibrahim Nasir International Airport (INIA).

As part of the president’s attempts to lure foreign investors back to the country, he has promised special economic zones which hopes will be “likened to cities in Dubai or the Emirates” and “the [business] environment we have in Singapore.”

Senior management of Singapore’s Changi International Airport visited the Maldives earlier this month, with Yameen explaining the purpose of the visit to press this afternoon.

“Changi’s management will be our final consultant with the terminal [project] and other consultancies required for the airport,” he explained. “We want to seek technical expertise and information on how to do things from Singapore Changi.”

“The project has progressed far now, Changi has expressed interest. So we believe all the supervisory and consultancy work of this terminal will be carried out by Changi.”

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Government plans massive operation to deport undocumented workers

The government today announced a massive operation to detain and deport undocumented workers.

“Within three to four months the whole Malé will be cleaned,” said the Minister of Defence and National Security Mohamed Nazim – also in charge of the Immigration Department.

“They can’t live in Malé. When I say this, it will happen – I am not just saying it.”

Nazim told media the government is planning a “very strong operation” to reduce the number of undocumented migrant workers in Maldives “for the safety and security of everyone and for the economy”.

He said the operation would be carried out jointly by Maldives National Defence Force, the Maldives Police Service, the Department of Immigration and Emigration, and other relevant institutions.

Those detained in the operation are to be be deported using the money deposited by their employers when they were recruited.

A special facility has now been assigned to keep those who will be detained in the operation. Local councils will implement the operation in the atolls.

Nazim said the operation will begin before Ramazan and will target all undocumented workers – from those at the local market, to those wiping motorcycles.

Those deported will have to wait 5 to 10 years before being allowed to enter Maldives again, as opposed to those recently deported through a special voluntary repatriation program, who have the option to return in six months.

The defense minister noted that the capacity of institutions will be considered when carrying out the operation, as the government “does not want to detain so many people and take care of them”.

Actions such as imposing fines and restricting quotas will be taken against those who employ such workers, while a public awareness programme will be carried out simultaneously.

Limiting quotas for agencies

Nazim today announced that, within the year, the recruitment of foreign workers will be limited only to employment agencies.

In this regard, quotas – the maximum number of foreign nationals that can be employed by a single employer – will be issued only through employment agencies.

“Instead of individuals requesting for a quota, they should go through [recruitment] agencies to get the quota. They should apply to agencies and do it through those agencies,” he said, noting that individuals can still employ foreign workers, but can also only do so through agencies.

Nazim said the main reason for the change is the current difficulty in holding individuals accountable.

When the government allowed individuals to recruit foreign employees directly, in 2009, the Association for Employment Agencies expressed concern that the move would increase the number of undocumented workers.

In addition to the approximately 110,000 migrant workers employed in the Maldives, the number of undocumented workers have been estimated to be as high as 44,000. Many workers live at congested labor quarters owned by locals.

Authorities reported a good response to the recent voluntary repatriation scheme, with over 4,000 workers reported to have left the Maldives between December and the end of March.

Meanwhile, the Maldives Inland Revenue Authority (MIRA) today announced that, starting from Sunday, immigration related payments such as the visa fee and fines will be collected from the newly established ‘Huravee Collection Center’ on the third floor of the Huravee Building.

Commissioner General of MIRA, Yazeed Mohamed said that similar collection centers will be established around the country to make such payments easier. And said that the authority is working to establish a tax collection center in Hulhumale as well.

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Woman gives birth on a boat while waiting for emergency assistance

With additional reporting by Daniel Bosley

A woman has given birth on a boat traveling from Naifaru to Malé early this morning, after the Maldives National Defence Force (MNDF) were unable to provide immediate emergency assistance.

The MNDF have confirmed that they were contacted by the boat at around 3am while it was located near Gaafaru, on the northern side on Malé atoll.

“Our vessel was engaged in another operation – we have five or six to handle every day,” explained Deputy Spokesman Captain Ali Ihusaan. “We attempted to guide the boat into Gaafaru but the captain said the channel was too narrow.”

The MNDF Coast Guard was unable to send assistance because it had only one vessel in Malé at the time – a fire launch normally reserved for fire-related incidents.

“The real delay was getting a doctor ready to go,” said Ihusaan. “If we go without professional medical care and the condition worsens, that’s a whole different situation.”

According to Vnews, both the mother and baby were weak when they reached Indira Gandhi Memorial Hospital and, while the mother is now in good health, the baby is said to be having breathing difficulties.

The woman was reportedly travelling to Malé after being advised to do so by doctors in Naifaru, Lhaviyani atoll, due to possible complications which may occur at birth.

The Ministry of Health’s 2014 health profile had noted that the recent strengthening of emergency obstetric care at the atoll level has included the upgrading of atoll level health centres to hospitals.

Maternal mortality rates in the Maldives were recorded at a record low of 13 per 100,000 live births in 2012 – ahead of both the Millenium Development Goals target of 125, and the Health Ministry’s own Health Master Plan which aimed to reduce the number to less than 50 by 2015.

Vnews reported that the husband contacted Minister of Defense and National Security Mohamed Nazim as well, to which he responded saying he was trying find a way to provide assistance.

“I told MNDF officials that if anything happens to the baby or mother they should take responsibility for that. But they spoke in a very rude manner saying ‘what taking of responsibility [are you talking about]’ and that there wouldn’t have been any problems if you left earlier,” Vnews quoted the husband as saying.

The MNDF spokesman told Minivan News that the service’s night staff are well trained and used to handling “emotional” callers, suggesting that the husband’s recollection of the conversation would have been affected by his “agitated” state.

After the mother’s condition started worsening, her husband called the Marine Police for assistance. They were on their way when she gave birth on the boat – reportedly assisted by her husband and two family members.

Marine police reached the boat near Kuda Bandos island, following which the mother and baby were transferred to the police speed boat.

After coming across the Coast Guard vessel – which had completed its previous operation – on their way to Malé, the physician and nurse with them came aboard the police boat and provided medical assistance until they reached the capital.

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