Foreign criticism of court verdicts tantamount to criticism of Islam, says president

President Abdulla Yameen has compared allowing international actors to criticise the Supreme Court and its verdicts as being similar to allowing people to criticise the tenets of Islam.

“This is a message I am giving especially to President Nasheed [former President Mohamed Nasheed]. If you want to maintain the eminence, dignity and sovereignty of the Maldives, do not allow foreign entitities to criticise the final verdicts released from the courts of law.”

“If you allow them to do so, you are giving them the freedom to criticise the Islamic tenets that we have amongst us,” Yameen stated, speaking at a political rally held in the island of Fuvahmulah on Wednesday night.

The president’s comments come shortly after international actors roundly condemned the Supreme Court’s decision to dismiss senior members of the Elections Commission ahead of Saturday’s (March 22) Majlis elections.

Calling on Nasheed to stop criticising the judiciary, Yameen stated that this government will not create commissions to investigate events that occurred in the past.

He further stated that the ruling Progressive Party of Maldives will not try to ‘mete out punishments’ to general members of the opposition Maldivian Democratic Party.

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JP member files case seeking Majlis elections delay

Jumhooree Party (JP) Youth Wing President Moosa Anwar has filed a case at the Supreme Court seeking a court order to delay Saturday’s scheduled Majlis elections.

“It is a case saying that the Elections Commission must consist of at least five members including the president of the Elections Commission,” Anwar told Minivan News.

“It’s in article 168 of the constitution. Currently the Elections Commission is not complete. So I don’t believe that they can hold an election.”

The Elections Commission (EC) currently consists of three members – the mandatory quorum needed for the group to hold meetings and pass decisions –  following the Supreme Court’s dismissal of EC President Fuwad Thowfeek and Vice President Mohamed Fayaz on charges of contempt of court and disobeying the court’s orders.

In the days following the court’s ruling, the Majlis approved Ismail Habeeb as the commission’s third member – joining existing commissioners Ali Mohamed Manik and Mohamed Farooq.

Anwar’s case also concerns the Majlis’ rejection of the Supreme Court’s ruling. A letter sent to senior government figures following the dismissals argued that the EC leadership was removed in contravention of the constitutional procedures governing their appointment and dismissal.

The letter was signed by both the Speaker of the Majlis Ahmed Shahid and Deputy Speaker Ahmed Nazim – MP’s with the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives (PPM).

“I have also requested the Supreme Court to disqualify their parliament membership and also their candidacy for this election,” said Anwar.

The case was file with the court at 1:30pm today, explained the JP member, although he had yet to receive confirmation that the court had accepted the case.

The Supreme Court earlier this week advised the EC that polls could proceed, despite the failure to gain the signatures of all candidates.

Approval of the voter registry was mandated in the Supreme Court’s 16-point guideline accompanying its annulment of last year’s presidential election first round.

Anwar explained that his decision was not a party one.

“None of the JP leaders have been informed. It was done on my own,” said Anwar.

“It has nothing to do with JP or any other party. This is not a politically motivated case. You will know that the vice president of the Majlis is also a government coalition member.”

Coalition unrest

News of Anwar’s case comes as an audio clip of JP leader Gasim Ibrahim has emerged on social media which appears to indicate unrest within the governing coalition.

In preparation for the upcoming Majlis polls, the three parties in the governing Progressive Coalition – PPM, JP, and Maldives Development Alliance – had agreed to allocate constituencies among the coalition partners, with the PPM contesting 50 seats, the JP contesting 28 seats, and the MDA contesting seven seats.

In the 2:49 clip, Gasim appears to criticise President Abdulla Yameen, former President and PPM leader Maumoon Abdul Gayoom, and Home Minister Umar Naseer.

The audio appears to have been recorded after the revote of the presidential election, held on November 9 in which candidate Gasim finished third.

The court’s decision to annul the first round of the presidential poll came after Gasim had lodged a case alleging inconsistencies within the electoral register used on September 7.

In the recording, Gasim is heard saying that it would not be “easy on the heart” to endorse Yameen as he could not forget the “suffering” of his family under President Gayoom “even if I don’t say anything about it.”

“We couldn’t support Anni [MDP’s Mohamed Nasheed] because his principles are bad. We know how things are with Yameen. They are full of brutality,” he is heard saying.

The opposition MDP meanwhile put out a statement contending that the leaked audio shows that “Honourable Gasim joined the government coalition due to intimidation and political influence.”

As a result of the alleged mistrust among coalition leaders and their efforts to exert political influence over one another, the MDP contended that living standards have fallen and government services have deteriorated in the past four months.

“MDP has always been advocating that in a presidential system the public will not benefit from a coalition government. At such a critical juncture, this [leaked] phone calls has revealed the extent to which the coalition has unraveled,” the statement read.

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Broadcasting Commission cannot regulate way in which Supreme Court is addressed

The Maldives Broadcasting Commission (MBC) has told the Supreme Court that asking media to write the names of persons in a specific way is against international best practice.

The commission’s letter was sent to the Supreme Court on Sunday (March 16) in response to a court request for MBC to enforce strict rules on how Supreme Court judges must be addressed in the media.

It was also pointed out to the court that the commission is mandated with regulating broadcast media alone.

MBC claims to have received a letter suggesting that the court’s justices were being addressed in ways other than how they should be, requesting that the commission inform all media outlets on the appropriate manner in which to write the names of the Supreme Court bench.

An official at MBC told Minivan News that the letter stipulated the Chief Justice Ahmed Faiz’s was to be preceded by the title ‘Chief Justice of the Maldives Honorable Al Ustaz’, the title ‘Justice Honorable Dr’ should be used for Justice Dr Ahmed Abdulla Didi, and ‘Justice Honorable Al Ustaz’ for the rest of the bench.

MBC’s reply to the court – signed by the commission President Mohamed Shaheeb – stated that it was not within the commission’s mandate to dictate the content of any station, and that broadcasters were free to work in accordance to their own editorial guidelines in such matters.

The commission highlighted that it does only what is mandated by the Broadcasting Act and regulations, and that it ensures that all licensed broadcasters abide by the code of conduct formulated by the commission.

The Maldives Media Council – established under the Maldives Media Council Act – is mandated with establishing and maintaining a code of conduct for journalists in the country. Minivan News has learned that the council has yet to be approached by court on this matter.

Meanwhile, the Maldives Journalists Association President Ahmed ‘Hirigaa’ Zahir has said that the association is also of the view that journalists should not be forced to use names of anyone in a specific way.

“Anyone can request the media to use write their name how they want it to be written. But it should not be a requirement. Media reports in simple language,” said Zahir.

“While members of parliament are addressed as ‘honorable member’ in the parliament or justices are addressed in a specific way within the courtroom, it does not have to be the case in reporting or speaking in general public.”

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High Court upholds decision to return baby to German mother

The High Court has today (March 20) ruled in support of the Family Court decision to return the five month old baby of Ahmed Sharuan and Tanja Sharuan to the mother.

Details of the case revealed in an online petition launched by the mother claim that she was being accused by Sharuan of attempting to raise the child as a non-Muslim, despite having converted to Islam.

The High Court previously released a temporary injunction halting the Family Court order until the appeal case submitted to the superior court by Sharuan reached completion.

Police – having previously launched a search for Sharuan – ceased the investigation following the High Court order.

Speaking to Minivan News on Thursday afternoon, Tanja expressed joy at having received custody of her child.

“I am very happy about the High Court’s decision. I have always had faith in the Maldivian law. As a Muslim mother, I am more than happy to have my baby back in my arms,” Tanja said.

She further expressed gratitude for the “wonderful support given from [her] Maldivian friends”.

Three days ahead of Thursday’s court hearing, Tanja launched an Aavaaz petition seeking support in her case to gain custody of her child.

“My daughter is only five months old and she was abducted by her father from our then home in Zurich and he ran away with her to the Maldives. I am German but now in the Maldives and have submitted a case to the Family Court,” read the petition.

“The Family Court on Monday issued an injunction to my husband Ahmed Sharuan to hand over the baby to me within 24 hours, by 3pm Tuesday 11th February 2014.”

“However, he refused to obey this court order and went into hiding for several days. Whilst in hiding, he arranged a lawyer and submitted an appeal to the High Court to cancel the Family Court injunction. The High Court on Sunday 16th March, suspended the injunction of the Family Court without even hearing my side of the story and without a hearing,” it continued.

“I need all your support to achieve justice in this case. I am hoping that the Maldives justice system will deliver a fair judgement and give me the custody of my child according to the law,” concluded the petition, which has received over 600 signatures at the time of press.

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Six expatriates arrested for kidnapping Maldivian man over unpaid wages

Police have taken six expatriates into custody after they allegedly kidnapped a Maldivian on a resort construction site in Alifu Dhaalu atoll.

In a statement issued today, police said that on March 19, a group of 31 expats working on the island created unrest in the island over what it is believed to have been an issue concerning unpaid wages.

Six expatriates who led the unrest then assaulted Maldivians working on the island and kidnapped the Maldivian head of staff, said police.

Officers working in the nearby Mahibadhoo police station and Dhangethi police station conducted a joint operation and raided the island.

According to police, the Maldivian man was tied when officers went to the island, and freed by police at about 1:34pm.

During the police raid, officers discovered iron bars, wooden planks, machetes and box cutters inside the rooms in which the expats were living.

Furthermore, police said that all those taken into custody were Bangladeshi nationals aged between 25 and 35.

When Minivan News contacted police for further information, police media official said they were not providing details of the case as the investigation was ongoing.

Last month, police freed a Bangladeshi national that was kidnapped by two compatriots in Malé, being locked inside a room in Galolhu without water or food for am extended period.

When police searched the room, officers discovered a knife under the pillow of one arrested in connection with the case.

Later the police found out that the victim and the two arrested persons were illegal expats and did not have identifying documents.

On March 9, police also arrested a Maldivian man from Addu Atoll on allegations that he had assaulted two of his expatriate staff.

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President announces clemency plan for all prisoners except “extremely serious offenders”

President Abdulla Yameen has announced that he will grant clemency to all prisoners except those convicted for extremely serious crimes, including murder and terrorism.

“On the first of April, I will grant the highest form of clemency possible to all prisoners convicted for crimes other than the most serious ones,” Yameen stated on Wednesday night, speaking at a political rally held in Fuvahmulah.

Yameen stated that his administration wishes to re-introduce youth prisoners into society under a rehabilitation program. The government has therefore decided to grant clemency to all non-serious offenders who are currently in prison, he added.

The opposition Maldivian Democratic Party (MDP) have described the move as “irresponsible”, and a “political stunt”.

The president did not reveal what particular crimes would be subject to clemency, though the Clemency Act (2010) lists the following crimes as not being applicable for clemency or commutation of sentence: terrorism, murder, crimes punishable by a ‘hadd’ in Islamic Shariah, sexual harassment against children, illegal drug trading, rape, sexual assault and homosexuality.

Asked how this will affect the Ministry of Home Affairs’ efforts to end the abuse of drugs, Minister of Umar Naseer responded that the program will not present any difficulties.

“It will not be a hindrance because the present Clemency Act prevents serious offenders from being released. Furthermore, this process will be monitored by the Home Ministry,” he stated.

“An irresponsible political stunt”: MDP

MDP Spokesperson Imthiyaz Fahmy described Yameen’s initiative as “a very irresponsible political stunt”.

“This is a stunt they are pulling off as elections approach – an act without any form or structure. This is a stunt like they used to pull during the Gayoom administration – as every election nears, they’ll let out numerous prisoners and the streets will be teeming with drug abusers. This is a highly irresponsible act on the part of the government,” Fahmy stated.

“There is a huge difference between what this government is about to do, and the MDP’s ‘Second Chance Programme’. The Second Chance program was a structured effort, under which applicable prisoners were released under parole to be under the guardianship of a family member,” said Fahmy.

“They were given trainings in various skills and were provided with employment opportunities. They were monitored constantly and were taken back in when there is a risk of re-offending crimes.”

“Yameen and the people around him were those who most criticised our ‘Second Chance Programme’. And now look at what they are attempting to do. This clemency plan has no structure and will prove detrimental to the society,” he continued.

Fahmy further stated that the incumbent government has also been releasing serious and dangerous criminals, despite the Home Ministry claiming to be working against the drug trade.

“For example, the criminal who goes by the name of ‘Safa’. He is currently roaming about freely in Sri Lanka while authorities like the Anti Corruption Commission have spoken against his release,” Fahmy said.

Second chance

During the administration of former President Mohamed Nasheed, a clemency program under the name of ‘Second Chance’ was implemented, under which prisoners were reintroduced into society under a parole system.

Vice President Dr Mohamed Jameel Ahmed – who served as Minister of Home Affairs during the Waheed administration – shut down the program in March 2012, alleging that the Nasheed government had used it to “release unqualified criminals under political influence and without any clear procedure”.

Later in July, Jameel blamed a “surge in crime” partly on the ‘Second Chance Programme’, stating that over 200 convicted criminals released under the scheme had been returned to prison for re-offending.

Jameel also published a comment piece in local news website Haveeru in September 2011, speaking against the programme and emphasising the importance of granting clemency in accordance with the Clemency Act.

In its 2013 Human Rights Report, the US State Department described Maldivian prisons as generally meeting ‘most international standards’, while they were reported to be overcrowded.

“The Department of Penitentiary and Rehabilitation Services (DPRS) prison system, which had an estimated capacity of 885 prisoners and detainees, had a prison population of 1,050. There were 34 women in the system, as well as 14 boys under age 18. Drug offenders accounted for 47 percent of the prison population,” the report reads.

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Three Maldivian students charged in Malaysia

Three Maldivian students who were arrested at a music festival in Malaysia have been charged with drug related offences.

Local media Sun Online reported that the three students – named by the local Malaysian press as Fazal Mohamed, 24, Hassan Ibrahim Hayyan, 20, Ahmed Hayyan Majeed, 19 – were arrested along with 22 others.

The arrests came after 6 people died at the Future Music Festival Asia (FMFA) on March 14. The third day of the music festival was subsequently cancelled.

According to the FMFA press statement the organisers are “deeply saddened by the reported loss of lives,” and “thoughts and prayers are with the family and friends of those affected.”

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President promises Hithadhoo hospital construction

President Abdulla Yameen Abdul Gayoom has stated that the construction of a new 100-bed hospital in Hithadhoo, Addu City will be begin this year, according to local media Sun Online.

The announcement was made at a Progressive Party of Maldives event in Hithadhoo last night (March 18).

Sun Online quoted President Yameen as saying “Construction of a 100-bed hospital in Hithadhoo will also begin, God willing, within this year.” According to their report the new hospital will be funded by aid from a foreign government.

According to the report, President Yameen also highlighted a number of other construction projects underway, including a new operation theatre in Hithadhoo Regional Hospital.

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High Court rules Miladhoo Council election need not be annulled

In response to a case submitted to the High Court by a candidate alleging irregularities in Noonu Atoll Miladhoo’s council election, the superior court has ruled that there is no reason why the election needs to be annulled.

Accepting that there were problems in the first election held on January 18, the Elections Commission held a revote in Miladhoo on February 15.

Ruling Progressive Party of Maldives (PPM) candidate Mohamed Ali from Bahaaruge of Miladhoo island then filed a case in the High Court asking for the revote to be annulled too.

The High Court maintains that there are no issues with the second vote which call for an annulment.

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