Tag: maldives

Supreme Court invalidates Thasmeen’s Majlis membership challenge

The Supreme Court has invalidated a challenge against Ahmed Thasmeen Ali’s People’s Majlis seat.

The ruling Progressive Party of the Maldives (PPM) council member, Mohamed Waheed Ibrahim (Wadde), asked the Supreme Court to revoke Thasmeen’s seat claiming he had not paid back an MVR1.9 million (US$124,513) loan to Deputy Speaker Ahmed Nazim as per a Civil Court ruling.

Local newspaper CNM reported that the case was invalidated after the Supreme Court was unable to summon Wadde to court.

Article 73(c) of the constitution states: “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 a decreed debt which is not being paid as provided in the judgment.”

Wadde said that, although Thasmeen had repaid the loan, he did not pay within the time period delineated in the Civil Court ruling, which required the repayment of MVR320,000 (US$20,779) each month for six consecutive months to clear the debt by April 2012. Thasmeen only settled the debt in July 2012 after the High Court upheld the Civil Court’s ruling.

The Supreme Court in October stripped opposition Maldivian Democratic Party (MDP) MP Ali Azim and Dhivehi Rayyithunge Party MP Mohamed Nashiz of their seats over decreed debt. The pair were guarantors for five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives.

Thasmeen, Nashiz, and Azim are contesting the March People’s Majlis elections on the opposition MDP ticket.

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Registration for People’s Majlis vote to open on February 18

The Elections Commission (EC) will open up voter registration for the People’s Majlis elections this Tuesday (February 18).

All eligible voters who wish to vote in a location other than their permanent address must register to vote – regardless of whether they had already changed voting location for the January 18 local council election.

Registration deadline is February 28. Parliamentary polls are scheduled for March 22.

Voters will be required to put their fingerprints on registration forms as per the Supreme Court’s electoral guideline.

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Tourism faculty and naval craft to be handed over during Indian minister’s visit

The Indian High Commission in the Maldives has revealed that the country’s External Affair’s Minister Salman Khurshid will hand over a naval landing craft to the Maldives National Defence Force this week.

Ministry of Foreign Affairs in Maldives said on Thursday that Minister Khurshid will be visiting the Maldives this week on invitation of Foreign Minister Dhunya Maumoon.

The India Maldives Friendship Faculty of Hospitality and Tourism – constructed by the Indian Government – will also be officially handed to the Maldives during the visit.

The US$11 million facility – begun in 2002 – will provide state-of-the-art infrastructure and equipment for training Maldivians in tourism and hospitality sector.

“The project envisages India’s continued engagement with the institution through deputation of experts, curriculum support, and exchange of faculty from reputed hotel management institutes of India,” the Indian High Commission has stated.

Indian High Commissioner to the Maldives Rajeev Shahare stated that the visit would present an opportunity to discuss the implementation of projects agreed upon during President Abdulla Yameen’s initial official visit to India.

In addition to the handing over of these facilities to the Maldivian governement at an event planned to be held on Wednesday [February 19], External Affairs Minister Khurshid will also be participating in the SAARC Foreign Ministers’ Meeting scheduled to be held in the Maldives on February 20.

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Criminal Court staff file complaint over ‘unlawful suspension’

Criminal Court staff suspended following a refusal to work overtime without pay have asked the Department of Judicial Administration to review the court’s ‘unlawful’ decision.

Eleven staff members at the Criminal Court refused to work overtime on February 10 and were suspended on February 13.

The Criminal Court has subsequently decided to close offices after official work hours due to budget restrictions.

The court at the time told the press that it had no funds to pay overtime allowances for employees, and that the Ministry of Finance had not responded regarding the matter. The Civil Court has taken the same measures owing to lack of funds.

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Two arrested for stealing safe from health centre

The police have arrested two suspects in a case where the safe of Alifu Dhaalu Atoll Dhangethi Island Health Centre’s safe was stolen.

According to the police, the incident occurred last Thursday night (13 February).

Police said that patrolling officers that night noticed the windows of the island health post were opened and checked to see if everything was alright before found out that the safe was stolen.

The safe was found one and a half hours later, and police was able to recover the money inside the safe as well.

Dhangethi police station is investigating the case.

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Criminal Court concludes hearings in to Jadhulla Jameel’s case

The Criminal Court has concluded the hearings in to the manager of J Alidhoo resort Jadhulla Jameel in a case where he was charged with refusing to provide a urine sample to police.

On November 16, Jadhulla was arrested while he was in Hondaidhoo island, an uninhabited island owned by Maldivian Democratic Party (MDP) MP Abdulla Jabir.

Along with Jadhulla, MDP MPs Jabir, Hamid Abdul Ghafoor and senior figures of MDP were arrested that day. Police officers discovered alcohol and hash oil during the raid.

Newspaper Sun Online reported that the last hearing of the case was held at the Criminal Court today, where the Prosecutor General’s Office and Jadhulla’s defense was given the opportunity to provide concluding statements.

According to Sun, the PG’s lawyers today told the court that the witnesses and evidence produced by the state show that Jadhulla refused to provide his urine sample for testing.

The state lawyers also responded to claims made by Jadhulla that the police did not show him the official document required when requesting such a sample, arguing that when police tried to show him the document he had responded by telling officers he did not want to look at anything they had to show him.

Jadhulla’s defense lawyers told the court that there were contradictions in the witness statements.

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Police ask for public assistance in locating three men

The police have asked the public for assistance in locating three men whose whereabouts are unknown.

In a statement, the police said the Criminal Court had ordered the police to arrest and summon them to the court after they had failed to show up to court hearings.

Police identified the three men as Ibrahim Samiu, 44 of Maajehige in Maradhoo, Seenu Atoll, Ahmed Riyah, 28 of Hulhudhoo in Seenu Atoll and Ahmed Nasir, 27 of Sinama Villa in Miladhoo Island, Noonu Atoll.

Police said they were charged with three separate cases.

Ibrahim Samiu was charged for possessing and using illegal drugs, Ahmed Riyah was charged for trafficking diamorphine and Ahmed Nasir was charged for possessing illegal drugs for the purpose of trading it, police said.

Police have appealed to the public to contact police hotline 3322111 or police custodial department at 9991442 if they have any information regarding the mens’ whereabouts.

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Government will not seek to speed up Nasheed’s trial, says President Yameen

Read this article in Dhivehi

President Abdulla Yameen has said that the current government will not try to push the courts to speed up the trial of former President Mohamed Nasheed, who was charged for “unlawful arrest of Criminal Court Chief Judge Abdulla Mohamed’’.

Local media did report, however, that Yameen noted the opposition leader must be sentenced if there is rule of law in the country.

Speaking at a ceremony held to open the campaign office of the Progressive Party of Maldives’ Majlis candidate for the Maafannu-West constituency, Yameen noted that there were things the government could to expedite proceedings, but said that the government did not wish to enter the criminal justice procedure.

Yameen also said that international groups had no concerns over this issue or any other other issues such as the delay in appointment of a new prosecutor general (PG) – which has led to a backlog of over 500 cases.

A UN report on the independence of judges last year did make mention of the Nasheed case, noting that it was “difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another [Maumoon Abdul Gayoom] has not had to answer for any of the alleged human rights violations documented over the years.”

In July 2012, Nasheed and Former Defense Minister Tholhath Ibrahim were charged with violating Article 81 of the penal code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

If found guilty, Nasheed and Tholhath will face a jail sentence or banishment of three years or a fine of MVR3000 (US$193.5).

The case was first filed at the Hulhumalé Magistrate Court before Nasheed’s legal team argued that it did not have jurisdiction to preside over the case, filing a procedural issue at the High Court.

The Judicial Services Commission (JSC) appointed a three member panel consisting of judges Shujau Usman, Abdul Nasir Abdul Raheem, and Hussain Mazeed to hear Nasheed’s procedural issue.

Before the court reached a conclusion on the issue, however, the  JSC suspended Chief Judge in the High Court bench Ahmed Shareef before changing Judge Mazeed and Judge Usman to the Civil Court.

Since this time, no hearings of the case have been conducted or scheduled.

Abdulla Mohamed’s arrest

Abdulla Mohamed was a central figure in the downfall of the former president. He was detained by the military in January 2012 after the government accused him of political bias, obstructing police, stalling cases, having links with organised crime.

The home minister at the time described the judge as “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

The chief judge was detained after he had opened the court outside normal hours to order the immediate release of the current Vice President Dr Mohamed Jameel Ahmed, arrested after the President’s Office requested an investigation into “slanderous” allegations that the administration was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

Prosecutor general (PG) at that time – the recently resigned Ahmed Muizz – joined the High Court and Supreme Court in condemning the MNDF’s role in the arrest, requesting that the judge be released.

The police are required to go through the PG’s Office to obtain an arrest warrant from the High Court, Muizz said, claiming that the MNDF and Nasheed’s administration “haven’t followed the procedures, and the authorities are in breach of law. They could be charged with contempt of the courts.”

Muizz subsequently ordered the Human Rights Commission of the Maldives (HRCM) to investigate the matter.

Judge Abdulla’s arrest sparked three weeks of anti-government protests, while the government appealed for assistance from the Commonwealth and UN with reform of the judiciary.

As protests escalated, elements of the police and military mutinied on February 7, alleging that Nasheed’s orders to arrest the judge had been unlawful. A Commonwealth legal delegation had landed in the capital only days earlier.

Nasheed publicly resigned the same day, later saying he had been as forced to do so “under duress” in a coup d’état. A Commonwealth led investigation would later rule the transfer to have been legal.

Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, however, after mounting international concern.

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ACC to probe Civil Court Judge bribe claim

Read this article in Dhivehi

The Anti- Corruption Commission (ACC) is to launch an investigation into a Civil Court judge’s claim that she was offered a US$5 million bribe.

Speaking on Maldives Broadcasting Corporation’s (MBC) Friday afternoon show ‘Heyyambo’ Judge Aisha Shujoon Mohamed said there was some truth to the belief judges accepted bribes in the Maldives, revealing that she had been offered a US$5 million bribe herself.

“I became angry and shouted at them. Then they left,” she said.

Speaking to Minivan News, ACC President Hassan Luthfy said the ACC had decided to launch an investigation as Article 4 of the Anti Corruption Act requires the penalisation of anyone offering bribes to judges. Any individual convicted faces a 10-year jail term.

Luthfy said that judges must inform the ACC of bribe attempts immediately and that keeping such a case hidden is in itself a crime.

“Concealing bribe attempts is an offense, even by the code of conduct for judges. It is an offense not to inform this commission,” Luthfy said.

According to a study conducted by governance NGO Transparency Maldives in December, the judiciary is perceived to be among the most corrupt institutions in the country.

Approximately 55 percent of those surveyed believed the judiciary to be most corrupt, while 60 percent and 57 percent believed the parliament and political parties to be most corrupt, respectively.

Bribery

Speaking on ‘Heyyambo’, Shujoon said she could not say whether judges had or had not accepted bribes, but that it may happen given the salaries allocated to judges.

“It [bribes] can be very appealing if its sets you up for life, given our pay and the amount of work we have to do. So I cannot say there is no truth to that. That is because something like that happened to me,” she said.

There will always be individuals who are unhappy with verdicts, but judges can only decide on what is presented in the courtroom, Shujoon said.

“Verdicts are delivered on what is presented. Sometimes I wonder if I have truly delivered justice. But that is the way it is in front of the law and in front of me,” she said.

Shujoon is among the first female judges in the country. She said she had accepted her appointment in 2007 to prove women too can serve in the judiciary.

Shujoon further revealed that she considers her purpose fulfilled and is now deliberating on retiring from the judiciary.

The UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in March 2013 expressed concern over the gap in equal representation of women in the judiciary, stating that the country’s eight female judges had “reached their positions through sheer determination and dedication since there is no policy or strategy to increase women’s representation on the bench.”

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