Tag: maldives

“Help me gain my freedom”: ex-immigration chief’s passport held in stalled corruption charge

The criminal court has held former controller of immigration Ilyas Hussein Ibrahim’s passport for a third consecutive year over stalled corruption charges, preventing him from visiting his family in New Zealand or sending them money through banks.

Ilyas, who served as the controller from 2008 – 2012, is accused of abusing authority for undue financial gain in a US$39 million border control system project. The charge carries a penalty of imprisonment, banishment or house arrest not exceeding three years.

“But my liberties have been constrained for a period nearly as long as a guilty verdict. I’ve been deprived of seeing my family, of spending on them. I cannot send them any money,” Ilyas told Minivan News.

Ilyas’s wife and two daughters have been residing in New Zealand since 2011.

At the case’s last hearing in 2012, chief judge Abdulla Mohamed said a verdict would be delivered at the next hearing, but three years later, Ilyas was told a new judge was now in charge of the case.

Judge Abdul Bari Yoosuf met with Ilyas and told him Judge Abdulla had failed to keep any record of case proceedings.

The case is symptomatic of the severe delays in completion of trials in the Maldives’ criminal justice system. In February this year, an Indian woman, arrested over the death of her child was released after four and a half years in pre-trial detention.

“I appeal to human rights organisations, both local and international, to empathise with my plight and help me gain my freedom,” Ilyas said.

He says he was threatened with death by anonymous sources when charges were first filed in 2012: “I cannot bring my family back here. If I do, I fear they too may be targeted.”

The criminal court was not responding at the time of going to press.

The prosecutor general’s office says it has no influence in expediting cases once charges are filed at the criminal court.

“We can only order the police to speed up investigations and file charges at the court promptly,” public prosecutor Ahmed Hisham Wajeeh said. “In a majority of criminal cases, liberties and freedoms are held. We would like to see cases reach completion as soon as possible. But there are delays with the criminal court, they do have a lot of challenges.”

Human rights NGO Maldivan Democracy Network said Ilyas’ case was an example of lack of justice in the Maldives. Serious corruption charges must be swiftly investigated and prosecuted, the organisation’s executive director Shahindha Ismail said, adding: ‘The court’s incompetence is no reason for the accused to suffer.”

Ilyas’ charges relate to the 2010 agreement signed between the Maldives and Malaysia-based Nexbiz Pvt Ltd for a border control system.

Under the agreement, the government has to pay Nexbiz US$2 for every foreigner processed through the system and US$15 for each work permit over the project’s 20-year life span.

The Anti-Corruption Commission ordered a halt to the project, claiming it would cost the Maldives US$162 million in potential lost revenue over the lifetime of the contract.

The ACC filed for an injunction and the Supreme Court in 2013 ruled the watchdog has no authority to suspend contracts. But by then, the parliament had voted to terminate the contract and replace it with the Personal Identification Secure Comparison and Evaluation System (PISCES) provided by the US government.

Ilyas was appointed as the state minister for defence months after his brother Dr Mohamed Waheed Hassan assumed the presidency in 2012.

“My wish is to be free of the torture this brutal government is inflicting on me. To be able to live a dignified life with my wife and children,” Ilyas said.

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PPM proposes MVR3,000 Ramadan bonus for state employees

The ruling Progressive Party of the Maldives (PPM) is considering paying a sum of MVR3,000 (US$194) as a bonus for all state employees for the Islamic month of Ramadan.

The Employment Act entitles all Muslim workers in the Maldives to a sum no less than one-third of their monthly salary for the month of fasting, with a minimum of MVR2,000 (US$129) and a maximum of MVR10,000 (US$645).

The government wants to equalise Ramadan bonuses for all state employees, but the plan requires an amendment to the employment law as well as an extra funding of MVR36 million (US$2.3million).

Speaking to the press on Saturday, PPM parliamentary group leader MP Ahmed Nihan said the current budget for Ramadan allowance stands at MVR92 million (US$5.9million)

“When we look at equalising the amount given as Ramadan allowance, we want to give at least, MVR100 per day for each employee, which amounts to a total of MVR3,000. To enforce this, we need an extra MVR36 million,” he said.

Statistics published by the Civil Service Commission (CSC) shows almost half of the country’s civil servants are paid less than MVR 4999 (US$ 324).

The parliament is on recess now and changes to the law can only be made when sittings resume in early June. The first day of Ramadan falls on June 18.

Nihan also said private businesses will be affected if the law is changed at the last minute. PPM MPs are “searching for a quick solution,” he said.

Finance minister Abdulla Jihad told Haveeru today that the government has the funds to pay the proposed amount.

The government last week obtained a grant of US$20million from Saudi Arabia to manage cash flow.

Of the 24,742 civil servants in the Maldives, 9,914 are paid up to MVR4,999, while the large majority (14,380) are paid between MVR5,000 and MVR9,999 (US$ 648).

Only 373 civil servants are paid between MVR10,000 and MVR14,999 while only 75 are paid above MVR 15,000 (972).

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Opposition leaders welcome president’s call for talks

The three opposition parties have welcomed President Abdulla Yameen’s call for talks, but some have called for the release of imprisoned leaders ahead of negotiations.

Jumhooree Party leader Gasim Ibrahim in a tweet said his party is ready to commence talks with the government, while Adhaalath Party spokesperson Ali Zahir said the religious conservative party will always heed calls for negotiations called for in good faith.

Welcoming the president’s call, the main opposition Maldivian Democratic Party’s (MDP) vice president Mohamed Shifaz insisted the party’s imprisoned leadership – ex-president Mohamed Nasheed and party chairperson Ali Waheed – must be able to sit at the table.

“We are ready to talk with President Yameen. These are discussions with President Yameen. Our leadership will participate on our behalf,” he said.

The Adhaalath Party has also said its detained leader, Sheikh Imran Abdulla, will represent the party in any official talks.

The religious conservative party called on the government to “create an atmosphere conducive to dialogue” by releasing Imran and other protesters arrested from the May Day anti-government demonstration.

President Yameen’s appeal comes amidst growing international pressure to release ex-president Mohamed Nasheed and ex-defence Minister Mohamed Nazim.

The JP, the Adhaalath Party and the MDP formed a coalition in March and continued daily protests over what they called the government’s attempt to silence the opposition.

The Maldivians against tyranny coalition have previously called for negotiations and demanded the government release Nasheed and Nazim. However, president Yameen maintains the pair were tried through independent courts, and says he cannot meet the opposition’s demands.

The president’s office spokesperson Ibrahim Muaz Ali told Minivan News that the government’s stance has not changed, and the president can only negotiate over lawful demands.

Nasheed and Nazim must appeal their respective convictions on terrorism and weapons smuggling, he said.

Meanwhile, MDP parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih told local newspaper Avas that the opposition coalition’s steering committee will discuss the president’s offer before making a comment.

The opposition held a 20,000-strong march in Malé on May Day after labelling President Yameen’s overtures at talks “insincere.” The president had appointed tourism minister Ahmed Adeeb as his representative for talks, but the opposition says they will only sit with the president himself.

They’ve also accused Adeeb of corruption and illicit connections with gangs, a claim the tourism minister has denied.

Nearly 200 people were arrested at the May Day protest and hundreds were injured in a police crackdown. Police used tear gas, stun grenades, pepper spray and baton charges to disperse protesters when they attempted to enter Malé’s restricted Republic Square.

MDP’s chairperson Ali Waheed, Sheikh Imran and JP deputy leader Ameen Ibrahim were arrested and remanded for 15 days.

The high court released Ameen today, but upheld the remand detention of Waheed and Imran.

Meanwhile, the criminal court has reportedly issued an arrest warrant for Gasim over the police’s claim he had funded the May Day protests. The JP leader is in Thailand at present.

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LGA suspends seven councilors over May Day protest

The Local Government Authority (LGA) has suspended seven councilors who took part in an anti-government demonstration on May 1.

All seven had been arrested in a police crackdown after protesters attempted to enter Malé’s restricted Republic Square. They were suspended for two months, local media reports.

Councilors are elected for island and atoll councils for three years. There are over 1000 councilors in the Maldives.

According to the main opposition Maldivian Democratic Party (MDP), some 300 of its 450 island and atoll council members had taken part in the protest. Some 7000 people had traveled to Malé from Maldives’ remote islands for May Day, the opposition has claimed.

Nearly 20,000 protesters took part in the May Day march and demanded the release of imprisoned ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

Home minister and president of the LGA, Umar Naseer, has also asked the anti-corruption watchdog to penalize any councilors who had traveled to the capital on state funds.

According to the opposition coalition, 12 employees of the state were dismissed for participating in the protest.

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Police place further restrictions on opposition protests

The police have banned the use of four-wheeled vehicles in the opposition’s protests without prior permission, prompting concern over “unlawful restrictions” on freedom of assembly.

The police last week said the opposition must obtain prior permission before holding a protest despite a constitutional provision stating no prior notice is needed for demonstrations. Since a mass anti-government protest on May 1, the police have stopped any attempt at street protests by briefly detaining key figures.

In a statement yesterday, the police said the permission to use four-wheeled vehicles was set because a lorry drove at high speed into police lines on May 1 and injured police officers. The step is required for public safety and protection of private property, the police said.

The opposition frequently uses lorries at protests to hold speaker systems, and to publicly announce the opposition activities during the day. The police have previously banned the use of megaphones or speaker systems beyond 11pm.

Some 20,000 people took to the streets of Malé on May Day, after three months of daily protests over the imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim. The protest was organised by the Maldivians against tyranny coalition – consisting of the Adhaalath Party, the Jumhooree Party and the Maldivian Democratic Party.

Police officers used tear gas, pepper spray, baton charges and stun grenades to break up protests when protesters attempted to enter Malé’s restricted Republic Square. Nearly 200 protesters were arrested and scores were injured, including two police officers.

Speaking to Minivan News, MDP vice president Mohamed Shifaz, said the police have no authority to place restrictions on freedom of assembly.

“The police do not have the right to ask us to obtain such permissions, we will continue to exercise our rights to the fullest extent guaranteed to us by the constitution,” he said.

If a police officer is injured, the police must investigate the case, but cannot restrict the use of vehicles, he said. The police arrested the driver of the lorry used in the May Day protest. The MDP says he was severely beaten.

Shifaz also pointed out Specialist Operations (SO) officers often drive lorries at high speed at crowd of protesters to disperse them.

“The police lorry also drove in to the large crowd of people as well, the chaotic situation on May 1 was created by the police’s pre-planned decision to stop the rally at any cost. They had a zero tolerance policy,” said Shifaz.

The opposition does not condone or encourage violence, he said, adding police chief Hussein Waheed is running the police force like a political party.

However, a police media official said that the constitution does not prohibit the protection of the public. “The law does not obstruct us from protecting the citizens, these are measures we are jurisdictionally allowed to take, but we just have not taken them before,” he said.

He said the police are allowed to drive at high speed, but said the police tactics are different to that of the opposition.

“Sometimes we have to go at high speed, like we did on May 1. That does not compare to the MDP driving past an area declared beyond use by the police, which harmed some of our officers,” he said.

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President appeals for talks, no apparent change in terms

President Abdulla Yameen has called on the opposition to begin talks for the “stability and the benefit of Maldivian citizens,” but the president’s office says discussions can only be held on “lawful demands.”

The Maldives has been gripped by political turmoil over the imprisonment of ex-president Mohamed Nasheed and former defence minister Mohamed Nazim.

The president has previously described the allied opposition parties’ demands for the pair’s release as unlawful, saying they must appeal their sentences at the high court.

President Yameen stresses he has no role in Nasheed and Nazim’s incarceration, insisting charges were raised by the independent prosecutor general’s office and tried in independent courts.

Speaking to Minivan News today, the president’s office Spokesperson Ibrahim Muaz Ali said the government’s stance “has not changed,” stating: “There are boundaries and limits to everything, and in this case it is the law.”

President Yameen’s earlier refusal to substantially engage with the opposition had resulted in a 20,000-strong march in Malé on May 1. Nearly 200 people were arrested and hundreds were injured in clashes.

The leaders of the Maldivian Democratic Party, the Adhaalath Party and the Jumhooree Party were arrested shortly afterwards, and remanded for 15 days.

When asked if the president’s office was ruling out negotiations on Nasheed and Nazim’s release, Muaz said the government has not set an agenda or a representative for negotiations, but reiterated that talks can only proceed on “demands the president can meet.”

He once again said the pair must appeal their sentences, and said the president was merely repeating an earlier appeal for talks.

The opposition has previously accused the government of insincerity in overtures for talks, especially after President Yameen appointed tourism minister Ahmed Adeeb as his representative. The opposition had accused Adeeb of corruption and illicit connections with gangs and had insisted President Yameen himself must sit down with them.

Nasheed was sentenced to 13 years in jail on terrorism and Nazim was sentenced to 11 years on weapons smuggling charges. The trials have been condemned by foreign governments and international bodies including the UN for apparent lack of due process.

Nazim has filed an appeal, but Nasheed was unable to as the criminal court failed to provide required documents within the ten day appeal period, shortened by the Supreme Court a month before his arrest.

The government, however, maintains Nasheed can still appeal, but his lawyers say the Supreme Court’s new regulations are silent on late appeals.

The apex court had struck down an earlier provision giving judges the discretion to accept late appeals in the same ruling that shortened the 90-day appeal period to ten days.

Nasheed’s family has now asked the UN working group on arbitrary detention to rule his imprisonment as illegal and arbitrary.

The allied opposition parties are also calling on the government “to stop targeting” Jumhooree Party leader Gasim Ibrahim’s businesses. The tourism ministry in February slapped a US$90.4 million fine on Gasim’s Villa group, which the company insists is unlawful.

The central bank yesterday froze the bank accounts of several of Villa group’s subsidiary companies.

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“Our prayers are as powerful as swords”: Malé is calm, but anger simmers

On a rainy Sunday night, dozens of families gathered in Malé to meet with lawyers over the detention of their loved ones, arrested from a mass anti-government protest on May 1. The vast majority of the 193 detainees had never been arrested before.

Some families had travelled rough seas and weathered strong winds to come to Malé to find out the news. Lawyers passed on messages from those in custody—where keys had been left, progress on monthly rent, extent of injuries—and advised families on how they could seek redress for police brutality.

The May 1 arrests were the largest numbers detained from a single protest in a decade. Some 20,000 protesters took to the streets on May Day against authoritarianism, and called for the release of jailed ex-president Mohamed Nasheed. When protesters attempted to enter Malé’s main square at dusk, the police cracked down with tear gas, pepper spray, baton charges, stun grenades and indiscriminate arrests. Malé’s streets were empty by 1:00am, and three leaders of the allied parties were arrested.

The government declared ‘victory’ with a fireworks display and said that President Abdulla Yameen will not negotiate over Nasheed’s imprisonment.

With opposition leaders and scores of supporters still in jail, the opposition coalition’s activities have slowed. Police have prohibited gatherings beyond 12:00am, and dispersed any attempts at street protests by arresting key figures. Malé City is calm for now, but anger is simmering.

Opposition supporters remain determined to continue protests, with many saying the police brutality they witnessed on May Day only strengthened their resolve. Growing international pressure over Nasheed’s imprisonment and scrutiny of the judiciary is giving many further hopes.

Anger in Dhoonidhoo

Businessman Mujthaba ‘Muju’ Saeed, 40, was among the first 50 detainees released last Thursday. The protesters in Dhoonidhoo detention centre are angry, but remain strong, he said. “As soon as I was released, I went to the opposition rally. We are not afraid, we are angry.”

According to Muju, two ruling party supporters were also arrested; one was on his way to open a shop while the other was on his way to a safari boat where he works.

Conditions at Dhoonidhoo island detention centre are cramped, with 40 people packed into cells designed to hold just 20. Some are sleeping upright, or sleeping by the entrance to the bathrooms. Many are still nursing injuries from beatings and pepper spray. Several people who were recently released said detainees are calling for the resignation of president Yameen, police chief Hussein Waheed and tourism minister Ahmed Adeeb from their cells.

Some 116 people have now been released, and the police have asked the prosecutor general to press charges against 129. If prosecuted, many face a MVR3,000 fine or a six-month jail term. Charges range from disobedience to order to assaulting police officers.

Zahiya Abdulla, 47, and two of her sisters were also arrested from the protest. In the women’s cell, those arrested from the protest held yoga classes, and bonded with others held on charges of drug abuse and sexual offences. “No one was crying despite the physical and verbal abuse they suffered. I will always be on the front lines of the protests,” she said.

An even bigger rally

The opposition has vowed to continue protests, with Maldivian Democratic Party (MDP) MP Ibrahim ‘Ibu’ Mohamed Solih pledging to hold “an even bigger rally” by the end of the month.

“We have re-formed our ranks, and we’ve are out to go forward once again. Our resolve remains strong,” he told a thousand supporters at a rally this weekend.

At the rally, some voiced concerns over the how disorganised the May Day protest was, yet they described it as a success. A 23-year-old student marvelled at the sheer number of people at the rally: “People are aware now, they know what is going on.” A housewife said: “We came out by the thousands, we were unarmed, but they pushed us back because they had shields, batons, tear gas and pepper spray.”

Some were scared, but angry. A 62-year-old boat owner said he will march and protest as long as the police do not crack down.“But I do believe we will prevail. Our prayers are as powerful as any sword,” he said.

“We’ve been here before”

A 46-year-old, who had played a key role in organising the pro-democracy “August 12/13 protests” of 2004, told Minivan News he, too, was amazed by the numbers on May Day. He believes approximately 8,000 people had participated in the August12/13 protests a decade ago. “Now, we are seeing thousands more, women, young people, elderly, who’ve never participated in political rallies before,” he said.

The August 12/13 protests had forced then-President Maumoon Abdul Gayoom to bring in liberal reforms, a democratic constitution and hold multi-party elections in 2008.

“We’ve been here before,” MDP MP Eva Abdulla said. “The exact same situation—large numbers of people on the street, president Nasheed in jail, the same heavy-handed tactics by the government, defiance to the international community, jailing hundreds, including parliamentarians – until the point the government just couldn’t continue.”

For Eva, there is no choice for the opposition but to continue with protests. “Public opinion does not matter to this government. But we must show all observers, we, the Maldivian public are not OK with what is happening.”

The international spotlight is once again on Maldives. Calls for Nasheed’s release are growing, with several countries, including the US, UK and India slamming the Maldives’ politicised judiciary at a recent human rights council session. The EU parliament last month urged member states to warn tourists over Maldives’ human rights record, and Nasheed’s family has asked the UN’s working group on arbitrary detention to rule his imprisonment as illegal.

But the government maintains the international community cannot dictate what the Maldives must do, and the home minister Umar Naseer has vowed to keep Nasheed in jail.

Eva said President Abdulla Yameen will relent as international pressure grows: “We are absolutely and entirely dependent on international goodwill.”

Back at the meeting between lawyers and families of detainees, one woman said she will now join the opposition protests because of her resort worker husband’s arrest on May Day. She had gone by the criminal court to see if she could catch a glimpse of him at his remand hearing the next day, but instead, she was verbally abused, pepper sprayed and pushed back by police in riot gear. She said she saw police officers pepper-spraying a pregnant woman.

“I’ve never seen such brutality before. It is almost as if the police view us as their enemies. But we are the real power here,” she said.

Photo by Shaari

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Government freezes Villa accounts

The central bank has frozen the accounts of several companies owned by opposition Jumhooree Party (JP) leader Gasim Ibrahim, over a US$90.4 million payment allegedly owed as unpaid rent, fines and interest on several properties leased for tourism.

The Villa group has refused to make the payment and is contesting the tax authority’s claim at the civil court. Gasim has accused the government of unfairly targeting his business interests.

The Villa group operates businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport and education. Only the accounts of companies which hold the properties were frozen. They are Villa Shipping, Villa Holidays, Gazeera Pvt Ltd and Maanenfushi Pvt Ltd.

Villa officials on Tuesday told local media the accounts slated to be frozen are empty.

But the Maldives Inland Revenue Authority (MIRA) says the government can suspend all services to the company, including customs clearance and foreign work visas, if it is unable to recover owed sums through the frozen accounts.

MIRA issued the US$90.4 million notice in February after the tourism ministry terminated agreements for several properties leased to Villa and subsidiary companies for resort development.

The move followed Gasim’s JP forming an alliance with the main opposition Maldivian Democratic Party. However, the government denies the opposition’s accusations of unfairly targeting Gasim’s business interests.

The properties at stake were leased under a settlement agreement signed with the tourism ministry on December 12, 2013, less than a month after president Abdulla Yameen took office.

Some 27 cases challenging the termination of the agreements and MIRA’s notice as well as appeals of the civil court’s refusal to grant stay orders are ongoing at court.

Villa – which won the tax authority’s “Ran Laari” award last year as one of five companies that paid the highest amount to the state – insists it does not owe any money to the state.

The notice for payment expired on April 18, but MIRA did not freeze the company’s accounts saying the move may negatively affect the Maldivian economy, local media reports.

The Villa group has previously said freezing its accounts will “send shockwaves” through the Maldivian economy.

“It is not only Villa’s shareholders’ and the company’s rights that are lost [if bank accounts are frozen]. The rights of a lot of employees who work at the company, small and medium-sized businesses dependent on this company, guests who have made bookings at our resorts, tour operators, and many other people, would also be lost,” Villa Group’s executive director Shimad Ibrahim had said.

The Villa group employs over 5,000 people.

The central bank has also frozen the accounts of JH Resorts Pvt Ltd, the Maldives Tourism Development Corporation, Asia resorts, Yacht Tours Pvt and Medhufushi and the accounts of AAA Pvt Ltd.

Since the notice was issued, Gasim has not been seen in opposition protests or made any comments over a crackdown on the opposition, including the arrest of JP deputy leader Ameen Ibrahim on May 2.

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