Tag: maldives

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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MH370 sightings in Maldives are not true, reports Malaysian Defence Minister

Malaysian Minister of Defence Hishamuddin Hussein has been informed by Maldivian authorities that rumoured sightings of Malaysian flight MH370 over Kudahuvadhoo are false.

“Regarding reports that the plane was sighted in the Maldives, I can confirm that the Malaysian Chief of the Defence Force has contacted his counterpart in the Maldives, who has confirmed that these reports are not true,” Hishamuddin told the press today.

The defence minister’s comments come after eyewitness reports emerged yesterday of a low-flying aircraft in Dhaal atoll just hours after the Malaysian jet’s disappearance on March 8.

“I saw a flight flying very low and it had a red straight line in the middle of it. The flight was traveling north-west to south-east,” Adam Saeed, a teacher at Kudahuvadhoo school, told Minivan News.

Maldivian authorities have acknowledged the reports, with police taking the lead in investigating the sightings – though both the Maldives Airports Company (MACL) and the Maldives National Defence Force (MNDF) have maintained that no irregular radar activity has been noted.

“The Maldives National Defence Force has been monitoring Maldivian territory with special attention since the disappearance of Malaysian Airlines’ MH370 airplane,” read an MNDF press release last night.

“In the search so far, no military radar has seen the flight. And the MH370 airplane has not been seen from the photos and information of radars established in Maldivian airports.”

“The Maldives National Defence Force has been providing all necessary cooperation to the efforts of the Maldives Police Service as well as international agencies concerning [the disappearance of the flight],” concluded the statement.

Police have announced the start of their investigations, with Kudahuvadhoo officer Mohamed Imad confirming that a team of investigators was being dispatched from the capital Malé to assist with the ongoing local investigations.

A spokesman for the MACL yesterday said that there had been no “credible” sightings or radar evidence of the missing flight, while some witnesses interviews by Minivan News expressed skepticism over the veracity of their neighbours claims.

Local news outlet Haveeru – which broke the story yesterday – said that similar reports had been received as early as March 9, but had been dismissed as lacking credibility.

Regarding communications with Malaysian authorities, Minivan News was unable to obtain a response from either the MNDF or the Ministry of Defence at the time of press.

Yesterday’s reports all described a low-flying plane, heading in a south-easterly direction between 6:15am and 8am (Maldives time).

Malaysian Defence Minister Hishamuddin has today confirmed, however, that the search will continue to focus on the two previously identified corridors.

The two arcs – one stretching between Thailand and Kazakhstan, the other south between Indonesia and the southern Indian Ocean – have been determined by locational ‘pings’ detected by a satellite revealing the flight’s last known location at 8:11am Malaysian time (5:11am Maldives time).

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Malé City Council to bring back 24 hour shops and cafes

Malé City Council has decided to bring back the 24 hour service at cafes and shops, seventeen months after it was banned by Dr Mohamed Waheed’s government.

The proposition was passed unanimously by nine members present at yesterday’s council meeting (March 18), though the government has suggested that it does not have the authority to make such decisions.

Councilman Shamau Shareef said that the council decision came in response to a number of request from Malé City residents.

“This is what the people want. The former government discontinued the permissions to operate such places citing criminal activity and instability in the city. But now we have an elected government, and we think it should be reconsidered now,” said Shamau.

He noted that council have now been tasked with issuing trade permits for the city and it is in the council’s mandate under the Decentralisation Act to address this issue.

But the Ministry of Economic Development has today said that the issuing of trade permits was delegated to the council under a memorandum of understand with the ministry, which does not allow issuing 24 hour license.

“The government decided to end the running of 24 hour businesses. From that point the procedure for issuing trade permits were changed. City council have been tasked with issuing permits under those procedures,” the ministry’s Director General Usman Shakir was quoted as saying in Haveeru.

Shakir said that the government has not yet changed it’s position on allowing 24 hour businesses, and warned that the ministry will take action if any such permission is issued.

Responding to the ministry’s statement Councilman Shamau said that there are “some barriers” in implementing the decision, but the council is willing to overcome these issues by discussing it with the ministry.

“We will do whatever it takes. This is the capital city, and there are 24 hours ferries operating, people coming from other islands, people are working round the clock. There should be some way for them to eat or buy things they need. We are talking about basic necessities of the people,” he said.

President Mohamed Nasheed’s government decided to issue permits for 24 hour businesses in December 2010. After the change in government, Dr Mohamed Waheed’s administration in October 2012 decided to put an end to these opening hours.

The ministry’s official reason for decision was national security concerns. There was a high level of concern about increasing rates at the time, particularly with political instability and the murder of MP Dr Afrasheem Ali within the same month.

While it is not known whether the decision had any positive impact in reducing crime rates, the parliamentary national security committee at the time suggested impact it had was negative.

Opposition Maldivian Democratic Party at the time described the decision as an attack against small and medium businesses which ‘left thousands of people unemployed’. Resuming the permits was an election pledge of the party’s presidential candidate Mohamed Nasheed in 2013.

Ruling Progressive Party of Maldives was at the time a coalition member of the government, and President Abdulla Yameen was elected as president, the party has maintained support for the ban on 24 hours businesses.

When the permits were revoked in 2012 there were forty four businesses with permit in Malé city, now all shops have to be closed at 11pm and all cafes at 1am.

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MDP takes action against the party’s Villimalé Deputy Leader for campaigning against party

Opposition Maldivian Democratic Party (MDP)’s Disciplinary Committee has taken action against the party’s VilliMale’ Consituency Deputy President Fathimath Yumna on charges of campaigning for their political opponent Progressive Party of Maldives (PPM).

In a letter of the Disciplinary Committee sent to the party’s Chairperson ‘Reeko’ Moosa Manik, and shared with media, the committee claims that the verdict is in response to a complaint submitted to the committee alleging that instead of supporting the parliamentary candidate selected through MDP’s primaries, Yumna has been observed to be campaigning against the MDP and in favour of the ruling PPM affiliated candidate.

The Disciplinary Committee has hence decided to take three actions against Yumna. Firstly, she will need to apologise to all existing party members before rejoining the MDP.

Next, she is to submit forms of 50 new members if she wishes to sign up to be a member of the party again.

She is also suspended from contesting for any elected posts within the party, or in any party primaries, for a period of five years.

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Commonwealth parliamentary elections observer group arrives

In preparation for the parliamentary elections, the Commonwealth Secretary-General Kamalesh Sharma has constituted an Observer Group with a view to assess compliance with national and international standards, and to strengthen the electoral framework.

The observation is led by former Jamaican Prime Minister Bruce Golding, who introduced the group at a press conference held in Malé today (March 19).

An arrival statement was read by Golding, who stated that the group’s task was to “consider all factors relating to the credibility of the electoral process,” and stressed their commitment to staying “objective, impartial and independent.”

The group will “assess whether the elections have been conducted according to the standards to which Maldives has committed itself, including both the Maldivian constitutional and legislative framework and relevant Commonwealth and international commitments,” Golding added.

The group consists of seven members who will be drawn from across the regions of the Commonwealth, and includes a range of experts from political, electoral, legal, and media fields. Golding explained that the observers will be deployed across various atolls on March 20, but did not disclose when asked which atolls they would be monitoring.

A preliminary statement of findings will be published shortly after the elections on March 22, followed by an official report which will be published following the Group’s departure on March 28.

When asked by Minivan News during the conference whether their arrival in the Maldives has been well received by the government, Golding confirmed that they met all the relevant stakeholders and had a “good balance of views conveyed to us about the challenges that may exist.”

The Commonwealth team sent to observe the 2013 presidential election described the initial poll as “inclusive and competitive”, before the results were annulled by the Supreme Court after allegations of inconsistencies within the voter registry.

The group had described the voter register as “accurate and robust”, with Chair of the observation group Dr Lawrence Gonzi noting that “Fears expressed by some political parties regarding possible large numbers of deceased voters and voters registered in the wrong geographic area seem to be unfounded.”

Golding was also asked by local media today if a credible and fair election was possible following the recent decision by the Supreme Court to dismiss the Elections Commission President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan.

Goulding responded that they have “taken note,” but added that he was unable to divulge the details of their discussions.

In addition to the Commonwealth, the European Union have been invited by the Elections Commission to implement the Maldives’ first full EU Election Observation Mission (EOM).

According to the Chief Observer Eduard Kukan, the EOM intend to strengthen human rights and the rule of law, to deter malpractice, and to improve the electoral environment. Their report will also make concrete recommendations to help improve the electoral framework.

India this week revealed that it had declined an invite from the Elections Commission to send a team of observers due to election preparations in India itself.

“The Maldives Elections Commission had invited our Election Commission to observe the polls. But the Election Commission is very busy managing the current schedule, so we have declined,” the New India Express reported a senior government official from the country as having stated.

Officials at the Indian High Commission in Malé have confirmed that no observers will be sent, though it was pointed out that High Commission staff would be performing some observer functions.

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High Court upholds lower court’s ruling to jail MP Jabir

The High Court has today ruled that the Criminal Court’s verdict to sentence Maldivian Democratic Party (MDP) MP Abdulla Jabir was lawful.

During today’s hearing, the court told Jabir that the it could not agree with claims that the Criminal Court had not given enough opportunity for Jabir to defend himself.

The court responded to Jabir’s allegations that among the three police officers summoned to the court as witnesses against Jabir, one officer had tortured the defendant. The court noted that Jabir was not able to clarify to the court who among the three had tortured him.

The High Court ruled that, though there may be one officer among the three that had tortured Jabir, the statements of the other two officers will still be valid, which was enough to rule that Jabir was guilty.

Additionally, the High Court responded to Jabir’s claims that the Criminal Court’s verdict did not have the signature of the presiding judge, noted that although the verdict did not have presiding judge’s signature, the case report did.

On February 20, 2014, the Criminal Court sentenced Jabir to one year after finding him guilty of refusing to provide his urine sample to the police to run a drug test, and sentenced him to twelve months under the Drug Act 17/2011 article 123(a)(b).

The Criminal Court ruling stated that on November 16, 2012, Jabir was arrested as a suspect in a drug related case and that police asked him to produce his urine sample to which he clearly refused according to the witnesses produced by the Prosecutor General’s Office.

The verdict stated that, although Jabir had claimed that he was tortured by the witnesses produced by the state and that the police did not follow the correct procedure when asking for a urine sample, Jabir was not able to prove these accusations to the court.

Jabir was taken into police custody on November 16, 2012 along with senior MDP members while they were on Hondaidhoo Island, Haa Dhaalu Atoll – an uninhabited island owned by Jabir.

Police offices raided Hondaidhoo, where they found large amounts of suspected drugs and alcohol upon searching the island.

The prosecutor general pressed three charges against Jabir for refusing to provide a urine sample to run a drug test, possession of cannabis and possession of alcohol.

The Criminal Court on February 27, 2014, ruled that Jabir was not guilty of possessing cannabis and concluded the case, However, the third trial is still going on in the court where the court is to decide if he is guilty for possession of alcohol.

Article 73(c)(2) of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Article 73(c)(3) states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

Jabir was set to re-contest his Kaashidhoo seat next month after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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