EU concern over Supreme Court’s action against Elections Commission

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The EU has expressed “concern” over the Supreme Court’s decision to prosecute the Elections Commission for contempt of court

“The EU Delegation notes with concern the current action of the Supreme Court on its own initiative to bring before it members of the Elections Commission who have expressed concern over its judgments,” read a press release from the EU delegation based in Sri Lanka.

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

September’s annulled vote had been universally praised as free and fair, while the evidence used to cancel the result has been criticised by the UN as well as EC President Fuwad Thowfeek.

“The EU Delegation recalls the importance of legal proceedings being fair and transparent in accordance with international standards, and call on the Government of the Maldives to ensure the independence of the Elections Commission in the run up to and during the Majlis Elections so that they can proceed as scheduled on 22 March 2014. “

In addition to utilising new ‘Sumoto’ (or ‘Suo motu’) regulations that allow the apex court to initiate hearings and act as both plaintiff and judge in a trial, the Supreme Court’s contempt charges are based on privileged testimony given to the People’s Majlis by EC members.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

However, claiming the establishment of justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could therefore be used in court.

EC President Thowfeek has denied the charges against the commission, noting that “testimony provided at the People’s Majlis committee was not given to hold the court in contempt, but to be held accountable to the EC’s actions.”

The Supreme Court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

In today’s statement, the EU has expressed concern that the current proceedings “risk undermining the vital independence of the Elections Commission, respect for the separation of powers and free expression in the Maldives.”

The issue of separation of powers has been a regular theme this week as politicians continued to campaign for the March 22 poll, with leaders from both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives claiming that their parties can best ensure the three branches of government are kept apart.

Most recently, while campaigning in Malé for the governing coalition on Sunday (February 23), former President Dr Mohamed Waheed suggested that “we have separated the power so much that the country is suffering”.

“This country can’t go forward if we separate the powers any more,” said Waeheed.

Former President Mohamed Nasheed yesterday told representatives of the UN that he did not expect his MDP to take part in the elections should the EC members be arrested and replaced.

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Saudi investment firm to develop US$100 million resort in Laamu atoll

Saudi real estate investment and development firm Best Choice has announced plans to develop a US$100 million resort on Vadinolhu island in Laamu Atoll.

“We are negotiating with investors, and we are looking for more,” Best Choice CEO Mohamad Rabih Itani told Minivan News today.

“Our aim is to develop Vadinolhu Island as a high-end resort with world-class facilities to promote it as a complete family destination,” Itani explained in a company press release.

With headquarters in Bahrain, Best Choice – formed just last month – also has offices in Turkey and the Maldives. The company’s owners, however, have been active in the Maldives for a number of years, Mitani told Minivan.

“The company was established last month, but we already had a company in the Maldives called Miulu developments since 2011.”

Established by Saudi investors, the group currently specialises in properties in Italy and Spain, as well as selling mixed-use projects in Turkey and residential developments in Saudi Arabia.

Saudi Prince Salman bin Abdulaziz is scheduled to visit the Maldives this week, and ties between the Arab state that the Indian Ocean archipelago have been growing under the presidency of Abdulla Yameen.

Headlines in Saudi Arabia have suggested that Prince Salman will discuss potential investments and partnerships in energy, tourism, transport, and Islamic affairs, as well the provision of a soft loan facility of US$300 million for the Indian Ocean nation.

President’s Office Spokesman Ibrahim Muaz today said that prince’s visit is still due to take place, and that Prince Salman will meet with President Yameen during his stay.

When asked about Best Choice’s links with the Saudi royal family and the increasing relations between the two states, Mitani stated that the timing of the resort announcement was “pure coincidence”.

The proposed resort, reported to feature 100 beach villas, world-class dining services, wellness facilities, and leisure activities, a Best Choice press release has stated. The resort is expected to be completed by 2017.

“We have already designed a business proposal targeting potential investors to collaborate with us in the operation and management of the resort. We are confident of achieving an operating profit in the second year with the cash payback period at six years,” Mitani explained.

Best Choice’s press release describes the Maldives as “one of the most recent investment destinations in South Asia”.

“Due to its investment-friendly policies, the South East Asian Island offers attractive opportunities to keen investors – especially those into resort management,” read the release.

The Yameen administration has sought burnish the country’s credentials as an attractive place to invest after the premature termination of Indian company GMR’s deal to develop the international airport in late 2012.

Although Yameen’s Progressive Party of Maldives – part of the governing coalition at the time of GMR’s expulsion – includes many vocal opponents of the GMR deal, the party has since distanced itself from the decision.

Reassuring foreign investors of the safety of the Maldives as a destination for investment was recently announced of one of the main aims of the administration’s foreign policy.

The Maldives brand of luxury tourism currently accounts for 70-80 percent of the country’s GDP, with the IMF noting recently that investors in the Maldivian resorts can expect a quicker return on investment than in similar resort industries. The industry attracted over 1.2 million tourists in 2013.

The IMF delegation also noted that, despite plans to increase tourist goods and services tax to 12 percent later this year, the Maldives tourism industry was still only lightly taxed in comparison to other destinations.

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Inmate suffers serious head injuries in Maafushi Jail fight

A Maafushi Jail inmate is currently undergoing surgery in Malé’s Indhira Gandhi Memorial Hospital (IGMH) following a fight at the jail.

Ibrahim Azar of Maafannu Dhodhilge was brought to Malé at around 9:00pm with serious head injuries. He was serving a five year drug abuse sentence. Eyewitnesses say he was unconscious at the time.

Speaking to local broadcaster Raajje TV, Azar’s mother said she had rushed to the hospital after she received reports that her son had been injured in a fight.

“They [police] told me there is no danger. It was just a fist-fight. He does have head injuries. He is talking with his hands. But I asked if he is not injured, why is he talking with his hands?” she said.

Following a CT scan, doctors later told her Azar had suffered several injuries to his skull and needed major surgery.

“My hands were shaking so a relative had to sign the consent forms for surgery,” she said.

Azar is currently serving his second year in jail. His mother said she has not spoken to him in over a month.

“I have not received the six minute phone call I should get from jail,” she said.

Speaking to local newspaper Sun Online, Azar’s brother said: “Even when he was taken out from the emergency room to the operation theater, he was bleeding heavily from his head. The bandage around his head was soaked in blood.”

The fight reportedly occurred between Azar and another inmate.

A Maldives Police Services team is currently at Maafushi Jail to investigate the case.

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Alifushi still without water as more islands request emergency water

Alifushi island in Raa atoll has still not received emergency water after the last batch was found unsuitable for drinking.

The council’s tests through the island health center indicated there were bacteria and dust in the water which is currently being tested by Environment Protection Agency (EPA).

Alifushi council President Abdul Latheef said that no water have been delivered to the island since the incident, and that people were depending on bottled mineral water bought from local shops.

While the National Disaster Management Center (NDMC) stated the island authorities had not requested more water, Alifushi council said that they should receive a replacement for the contaminated batch without having to ask.

Seasonal water shortage

Meanwhile, the NDMC has said that 34 islands have requested a total of 2,639 tonnes of emergency water following water shortages this year. Water  has now been delivered to sixteen of these islands.

Water shortages have become a seasonal issue, with 53 islands requesting water  between February 3 and April 25 last year, with similar numbers in previous years.

While no research have been done as to what causes the water shortage, it has been suggested that it is due to the contamination of ground water following the 2004 tsunami.

Traditionally, rainwater when collected is used for drinking as well as water from ground wells. Ground water was also used for cleaning, cooking, and other purposes. Every year during the dry period – particularly from February to April – a number of islands request emergency water.

Stating that the impact of the tsunami on the island was relatively small, Latheef blamed a lack of effective sewage system and having to dispose sewage effluent into ground for the water contamination.

“The population is not small here. For years we have been given the good news of a sewage system. Eight times, I remember,” he said.

Lateef said that just last week a research team from Maldives Water and Sewerage Company (MWSC) came to island.

“We have seen so many teams and research being done. But I have no hope that it could actually happen”.

Government response

According to NDMC, the water is bought from MWSC and is then collected from the nearest desalination plant and delivered to the islands by private companies on contract bases.

The councils then sign and approve the water before it is transferred to public water tanks.  The NDMC buys the water from special funds allocated by the Ministry of Finance, with no specific budget allocated for this purpose.

The Alifushi Council president said that the island has a desalination plant gifted to local NGO ‘Vadinge Ekuveri Jamiyyaa’ by the UNDP, though the plant was later handed over to the state-owned FENAKA utility corporation.

“If the council had that plant, we would be producing water right now. But FENAKA has not produced any water for the past two years,” Latheef said, adding that FENAKA produced and distributed forty litres of water daily for every household until they stopped.

When contacted by Minivan News, FENAKA explained that the only person authorised to talk to the media was the managing director who would require a written enquiry.

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Government reveals first hundred day achievements

The government has today marked its first hundred days’ achievements by making further pledges and demanding a parliamentary majority as a requirement for their fulfilment.

Minister at the President’s Office, Abdulla Ameen described it as “the best first hundred days in the history of Maldives in terms of achievements” at a press conference held to highlight the new administration’s economic and social achievements.

“In order to continuously benefit from the achievements among the first hundred days pledges, it is very important to have legal empowerment; that is why the government is working to get as many seats in the parliament,” said Ameen.

Although the government announced a series of goals that it said would be achieved within the first hundred days of Abdulla Yameen’s presidency, it was not made clear at today’s press briefing how much of the programme had been achieved.

Education

One of the key achievements highlighted from the Education Ministry was the introduction of Qur’an to grades 6 and 7 as a separate subject. The subject had previously been just one element of Islamic Studies classes.

Minister of Education Dr Aishath Shiham stated that the ministry had “started working on” 22 goals announced to be achieved within the one hundred days.

Focusing particularly on the policy of “leaving no child behind” she highlighted the decision to allow students to learn technical skills through Maldives Polytechnic, the introduction of O’ Level standard technology subjects, and working to further incorporate language and nationalism into the education system.

While the ministry’s hundred day plan included establishing special education units in five schools, and two dedicated regional, Dr Shiham today said the ministry “will open more opportunities for children with special needs within the year”.

She noted that work is in progress with regards to increasing allowances for teachers.

Commenting on the minister’s statement, President of the Teachers Association of Maldives Athif Abdul Hakeem said the organisation had no knowledge of such efforts, and was still awaiting an opportunity to meet with ministry heads with regards to pay discrepancies.

“The government have started some things within this period, and they maybe important things and good policies. But it is more important to fix the existing loopholes in the education system,” said Athif.

He said the association was still planning to go on with the nation-wide strike “as a last resort” and that it was currently in the process of gaining parents’ support for the cause.

Health

The achievements of Ministry of Health and Gender were relatively high compared to other institutions, with Minister Dr Mariyam Shakeela noting that the pledge to increase staff at health centers had seen 76 new nurses employed at IGMH, with a further 38 nurses employed and 62 awaiting employment  in Hulhumalé and in the atolls .

“We are contacting medical students studying abroad to direct their training to our needs and recruit them for service. We have also sent job offers for foreigners as well,” Shakeela said, noting that the ministry was also working to find more training opportunities for locals.

While free cervical cancer screening was introduced at Malé ‘Dhamanaveshi’, the ministry failed to introduce the service at HulhumaléHospital as pledged. The minister said that 57 people have been screened at the center and the ministry was working on providing further help in case a person is found positive for cervical cancer.

The ministry pledged to introduce free public transport for the elderly and persons with disabilities, however it was only able to give special consideration for them at service counters for health and some other public services.

While an MoU has been signed between the Education Ministry and Health Ministry with regards to school health programmes, the preparation for another screening of school children has already begun.

“As you know, this sort of things in health sector cannot be achieving at once within a single day. It has to be planned in a certain way,” Shakeela added.

The ministry also achieved the goal of building safe houses for women, children, and persons with disabilities, and finding an easy way for mothers to receive child support money following divorce. The ministry has started working on arranging child support money to be delivered to a special trust fund.

Dr Shakeela said that IGMH chemotherapy services have been arranged and will be covered by Aasandha, and the necessary medicines for the procedure are “on the way to Maldives”.

She said that a psychiatrist is working in Kulhudhuffushi and another will be stationed in Addu City starting tomorrow – the first time such specialists have been stationed outside Malé.

Collection of information has begun for “a doctor for every family” program at Villimalé and Addu City and general practitioners have been allocated for both areas.

Economic Development

Minister of Tourism Ahmed Adeeb said that in terms of economic development within the first hundred days, the government has “completed ground work and is heading towards an action plan”.

He said that within a week the government will open for detailed proposals for building the bridge between Malé and Hulhumalé.

Another economic achievement was “reducing state expenditure” and aiming for a balanced budget within a year by reducing the deficit.

Adeeb said 70 percent of the Progressive Party of Maldives economic manifesto depended on the recently drafted “special economic zones bill” and that regional development and population consolidation cannot be achieved without such a bill.

He said that research is going on with a number of pledges such as gas and oil explorations, and ports within the special economic zones. With regards to developing Ibrahim Nasir International Airport, the consultants for runway building and axiom financing are in the country now.

Minister of Youth and Sports Mohamed Maleeh Jamal said the cabinet’s economic council met almost every day from 10:30am till 12:30pm and has met with companies in which the government holds shares – such as STO, MTCC, HDC, MACL – to find solutions for various challenges.

He credited President Yameen’s official visit to India for finding a solution to the Construction material issue and said it was great achievement within the hundred days. India’s restrictions with regards to construction material came in 2012 following strained bilateral relations under Dr Mohamed Waheed’s presidency.

“They [IMF and investors] noted that peace and stability has come to the Maldives following the inauguration of the country’s elected government, President Yameen’s government. Protests all around the country has come to an end,” Maleeh said.

An online poll by ‘Haveeru‘ has indicated that more than 52 percent people believed the first hundred days of President Abdulla Yameen’s government was a failure.

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Deputy PG slams Criminal Court over new regulations

The Criminal Court has usurped a Supreme Court power in issuing new regulations outlining procedures to be followed in submitting cases, Deputy Prosecutor General Hussein Shameem has said.

The Criminal Court today rejected 60 cases submitted by the Prosecutor General’s (PG) office, claiming cases did not fulfill criteria specified in regulations publicised on February 19.

However, Shameem said the Judicature Act only allows the Criminal Court to compile regulations administering internal affairs, and does not allow the court the authority to issue regulations governing external affairs.

It is the Judicial Council or the Supreme Court which has the power to issue such regulations, he said.

The Supreme Court abolished the Judicial Council in March 2011 claiming the council is unconstitutional and assumed its powers, including the power to compile regulations and policies on administration of the courts.

The Criminal Court’s regulations issued unilaterally also allows other courts to compile their own regulations, which may result in different procedures for each court and affects the right to equality guaranteed by the constitution, Shameem said.

“For example, the Criminal Court says cases involving serious crimes must be submitted within 45 days. What if the Maakurathu island court decides cases must be submitted in 15 or 60 days? This impacts the investigation process and means prosecutors must change procedures depending on which court they want to submit cases to,” he said.

The Criminal Court and PG’s office have been at odds over criminal proceedings following former PG Ahmed Muiz’s resignation in November.

The court suspended all ongoing cases and refused to accept new cases citing parliament’s failure to appoint a new PG within 30 days of Muizz’s resignation.

The Supreme Court, on Shameem’s request, ordered the Criminal Court to restart trials, but the court only began hearings in ongoing cases and refused to accept new cases.

The Supreme Court on February 18 released a new ruling ordering the court to continue with ongoing cases and accept new cases to ensure the criminal justice system continues.

Shameem said the Criminal Court’s new regulations had been applied retroactively.

“There are a 153 people in pre-trial detention. There are many others who are unable to find employment due to ongoing criminal cases. The Criminal Court’s actions are affecting a public service,” he said.

The PG office has a backlog of over 500 cases ready for prosecution, he added.

The Human Rights Commission of Maldives last week called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

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Sports Arena Project launched by President Yameen

President Abdulla Yameen yesterday inaugurated the Sports Arena Project which under which the government plans to construct 34 arenas for both outdoor and indoor sports throughout the atolls.

Launching the project – one of the government’s 100 day pledges –  Yameen said that a sports infrastructure suitable for the nation’s youth would be in place by the end of the year, with a further MVR300 million allocated for recreation projects in next year’s budget.

Half of the Maldives’ 330,652-strong population of the Maldives are below the age of 25, according to the 2013 yearbook published by the Department of National Planning.

During his presidential campaign, president Yameen pledged that all islands would receive a sports arena and that Hulhumalé would be developed as a youth entertainment city, including a National Aquatic Centre of olympic scale. Taxes on sports materials would be reduced from 25 to 5 percent promised the Progressive Party of Maldives candidate.

Local media reported Yameen as saying that arenas would not be built in islands with under 2,000 people, but that these islands would still receive facilities for popular sports within his term.

Minister of Sports and Youth Mohamed Maleeh Jamal announced that the project would now be sent to the tender board for bidding.

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Jailed MP Jabir denied fair trial, says legal team

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The trial and sentencing of Maldivian Democratic Party (MDP) MP Abdulla Jabir “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives,” the MP’s legal representatives have stated.

The Kaashidhoo constituency MP was last week sentenced to twelve months imprisonment after being found guilty of failing to provide a urine sample when arrested as a suspect in a drug related case on November 16, 2012. He is currently in Maafushi jail.

“The number of procedural violations in the whole criminal justice process in regard to this case is highly concerning and we believe that Hon. Abdullah Jabir was denied the fundamental rights that constitutes a free and fair hearing guaranteed to him by Article 42 of the Constitution,” read a press release from Aequitas Legal Consultants.

Additionally, Hassan Latheef – a member of Jabir’s legal team – has told Minivan News today that the court has failed to provide mandatory documents summarising the case, necessary for a High Court appeal.

“At this moment, we’re concerned that he can’t appeal. We were unable to submit the report to the High Court, but today we have sent a letter saying that the court is still refusing,” said Latheef.

He noted that a previous High Court judgement stipulated that the appeals registration process could still proceed as soon as the case was filed – Latheef revealed that the case had been submitted yesterday.

When contacted for a response, Criminal Court officials were unwilling to provide further information on Jabir’s case.

Latheef’s legal firm suggested that Criminal Court Judge Muhuthaz Muhusin had failed to consider procedural issues raised by Jabir’s defence, thereby failing to observe the principles of natural justice.

The statement also suggested that the Jabir’s constitutional rights to adequate time and facilities for his defence – also guaranteed under the International Covenant on Civil and Political Rights (ICCPR) – were not met.

Jabir’s legal representatives noted that the police’s mistreatment of the MP at the time of arrest had been confirmed by the Police Integrity Commission but had not been taken into account by the judge.

After investigating the case – which involved medical records showing injuries sustained by Jabir as well as a video of one officer kicking the MP in the head – the PIC said it could not forward the case to the Prosecutor General as the identity of the officer could not be determined.

During the trial, Jabir had claimed testimony given against him by arresting officers was inadmissible, alleging that the officers in question had been responsible for his mistreatment.

“Based on the serious factual and procedural violations in the trial and sentencing of MP Hon. Abdullah Jabir, who is not only an individual but a representative of five thousand Maldivians at the Parliament, it is regrettable that the Judicial process that we are to respect and obey has shown such a blatant disregard for the principles of justice and the rule of law,” concluded the statement.

A total of 10 people were taken into police custody on November 16, 2012, after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Jabir was set to re-contest his Kaashidhoo constituency seat in next month’s Majlis elections. Fellow MDP MP and MDP International Spokesman Hamid Abdul Ghafoor – also detained and charged with failure to produce a urine test during the same incident -told Minivan News today that Jabir was currently being held in custody.

Asked whether Jabir’s sentence would affect his ability to stand, Hamid said that he believed the law made it clear that an MP could not be disqualified from the Majlis unless they were serving more than twelve months.

“The law is silent on whether he can campaign or not,” added Hamid.

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PPM pledges disciplinary action against members contesting Majlis elections as independents

The ruling Progressive Party of the Maldives (PPM) has pledged to take disciplinary action against party members who are contesting the March parliamentary election as independents.

In a statement issued yesterday, the PPM said independent candidates were “illegally” using the party’s logo in their campaigns.

The party has publicised a list of coalition approved candidates on the party website.

Meanwhile, former President Maumoon Abdul Gayoom asked independents who are contesting Majlis elections to withdraw their names and support coalition candidates instead last night.

“A PPM member or any other party member must not run against a coalition candidate. If you do so, it will be very sad for us. That is because it will divide votes of those who hold the same ideology. If votes are divided, we will lose the seat,” he said.

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