maldives – Page 204 – Minivan News

MDP primaries restart after cancellation of disorganised first poll

The Maldivian Democratic Party (MDP) has restarted voting in 18 parliamentary primaries after polls were cancelled yesterday following administrative and voter registry issues.

Minivan News observed large and orderly queues at Dharubaaruge today where voting for 12 constituencies is currently proceeding. Ballot boxes for the remaining 6 constituencies have been placed at Malé City Hall and party offices in Hulhumalé and Villingili islands.

Candidates and voters complained of fluctuations in the voter register, but MDP Chairperson and primary candidate ‘Reeko’ Moosa Manik said he did not notice significant changes in his own constituency.

According to MDP media official and MP Ali ‘Alibe’ Mohamed, voting was cancelled yesterday due to “unmanageable” large crowds, with the MDP having scheduled voting for 58 constituencies at Dharubaaruge for all party members registered in Malé. Voters also took issue with their names not being present on the party registry, he said.

“The MDP has a very large membership. We were unable to accommodate such a large number of people at Dharubaaruge all at once yesterday. Many voters also complained over their names not being present on the voter list,” Alibe said.

The MDP is the largest political party in the Maldives with 43,277 members registered at the Elections Commission.

Eyewitnesses described the scene as a “bureaucratic nightmare” and accused ruling Progressive Party of the Maldives (PPM) members of disrupting the vote.

A 10 member committee – which includes former President Mohamed Nasheed and parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih – has been set up to oversee polling.

Candidates in 27 of the 85 constituencies have won the MDP ticket without a primary. They include Eva Abdulla for Galolhu Uthru, Ali Azim for Henveiru Medhu and Imthiyaz Fahmy for Maafannu Uthuru in Malé.

Voting was completed for Kulhudhufushi North and Dhuvaafaru constituencies yesterday. The party hopes to schedule polls for the remaining 38 constituencies in the upcoming week, Alibe said.

Nightmare

Candidate for Machangoalhi Uthuru Aishath Velezinee described the large crowds at Dharubaaruge yesterday as “suffocating.”

“There were too many people, too many ballot boxes. Even I left without voting. People were really cheerful yesterday. Quite a few are elderly and some of them were sick. So they got tired and left without voting. I’m hoping all of them return today,” she said.

Ahmed Hameed, 29, said his name was not present on the voter registry despite having submitted a membership form in February 2012. He also claimed he saw PPM members at Dharubaaruge to disrupt the vote.

“We know faces. Very well known PPM members were there. They were pushing and shoving people. MDP members are not like that. There was so much aggressiveness,” he said.

Polls had originally been scheduled from 2:30 pm to 8:00 pm, with ballot boxes set-up in every island and in Malé. At 4pm, however, the MDP announced it was cancelling the vote and rescheduling polls for 12 constituencies between 9:00 pm – 12:00 pm in Malé. The party was subsequently unable to proceed with this vote, eventually rescheduling a new vote for 18 constituencies today.

These 18 constituencies include 10 Malé City seats and eight atoll constituencies – Addu Meedhoo, Addu Hulhudhoo, Nilandhoo Meedhoo, Mahibadhoo, Hithadhoo Uthuru, and Hoarafushi constituencies.

According to the MDP, voting had proceeded smoothly in only these eight constituencies yesterday, and today’s polls would allow constituency members residing in Malé to vote.

Despite the cancellation of polls yesterday, MDP members remain positive. Zubaidha Mohamed, 29, said the experience was a learning process for the MDP.

“We are the only party in the Maldives to hold primaries on such a large scale. This is a learning process. I think today’s voting will go well,” she said.

Ahmed Ikram, 22, said voting was proceeding smoothly, but expressed concern over the voter registry.

“Things are going well today. But there are still several complaints regarding names not being present on the voter registry. Some people who voted in the primaries for local councils say their names are not present on the list,” he said.

Double voting

The MDP had published an updated voter registry on January 10, which included all membership forms submitted to the party offices up until December 19.

A press release at the time said the party had received 10,518 new membership forms in the period between December 10 and 19. Of that number, 5,464 forms were received on December 19. The final list was published on the party’s website on January 10.

The party opened up a ten-day window from January 7 – 15 to allow voters to register. According to the MDP’s election committee member Ibrahim Waheed, members were required to register if they were voting in a location different to the one registered for the nationwide local council elections held on January 18.

After members complained of their names not being present on the voter registry, the MDP has now opened up voting for all MDP members without registration

Election committee member Ali Niyaz has expressed concern over room for double voting, but said he hoped candidate’s representatives at polling booths would monitor repeated votes.

The MDP will also crosscheck lists of those who voted in their constituencies and in Malé to ensure no double voting took place, Niyaz said.

Changing lists

Candidates and members alike have complained of frequent changes to the party registry.

“I have been carrying out a targeted campaign. I initially received a list with 588 members. Now there are 846 members on the list. There are entire households on the list who told me they are not MDP members when I visited them,” Velezinee said.

Meanwhile, MDP member Ahmed Hameed said he believed several candidates had submitted new membership forms to manipulate the vote in order to win the party ticket.

“Many MPs have submitted forms just to win the party primary. That is not good for the party. The party membership will not be genuine or healthy. I think the vote should be delayed until all issues are resolved. Otherwise people may question the validity of the vote,” he said.

However, MDP Chairperson and primary candidate ‘Reeko’ Moosa Manik said he did not notice significant differences in the voter registry.

Candidate for Machangoalhi Dhekunu Noorban Fahmy said she did not want to comment on the registry, but said she hoped voting would proceed smoothly today.

Minivan News was unable to reach MDP’s membership committee chair Ali Shiyam at the time of press.

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Maldives must stop “retrograde” step towards death penalty: Amnesty International

Amnesty International has called upon the Maldives government to halt any plans to end the current moratorium on the death penalty, calling such moves a “retrograde step and a serious setback for human rights in the country”.

The statement follows Home Minister Umar Naseer’s decision to order correctional authorities to begin preparations for implementation of death sentences by lethal injection.

“There is no such thing as a ‘humane’ way to put someone to death, and no evidence that the threat of execution works as a deterrent to crime. Maldives should put an immediate end to such plans now, and instead abolish the death penalty in law once and for all,” said Amnesty International’s Maldives Researcher Abbas Faiz

“The government’s order is surprising and extremely disappointing. The death penalty violates the right to life, regardless of the circumstances of the crime or the execution method used,” he added.

President Abdulla Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – has subsequently promised “broad discussions” on the issue within his cabinet.

While death sentences continue to be issued in the country, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

The Maldives currently has 20 prisoners sentenced to death – a punishment the recently elected Yameen said he would support during his election campaign after a rise in the murder rate.

The most recent passing of the sentence came just days prior to Naseer’s announcement. Hussain Humam Ahmed was sentenced to death for the brutal murder of MP Dr Afrasheem Ali in October 2012. The sentence was handed down at the behest of Afrasheem’s heirs – permitted to request the death sentence under Islamic law.

Amnesty have pointed out that the apparent decision to resume the death sentence is in contradiction with the International Covenant on Civil and Political Rights – a treaty to which the Maldives became a party in 2006.

Though Naseer noted that he intended to act “in accordance with international treaties we have signed”, Amnesty have stated that death sentences handed down to juvenile offenders are contrary to international law.

Speaking on Thursday, Naseer has stated that the order is in alignment with the draft bill on death penalty implementation which the state has made ready for submission to the parliament.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said, adding that – should a relevant law be passed in the future – the state would then abide by the new laws.

The home minister noted that all appeals processes would be exhausted prior to implementation of the sentence.

Amnesty has suggested that the public interest might be best served by strengthening the judiciary in order to prevent human rights abuses during criminal proceedings.

In a damning 2013 report, Special Rapporteur for the Independence of Judges and Lawyers expressed concern over the failure of the Maldives justice system to address longstanding issues of corruption and human rights abuses.

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Week in review: January 18 – 24

The biggest headline of the week was captured by Home Minister Umar Naseer after he ordered correctional authorities to make preparations for the implementation of the death penalty – currently under a sixty year moratorium.

Speaking with the media upon his return from Sri Lanka – President Abdulla Yameen said that the home minister’s decision had not been discussed with the cabinet.

During his state visit Yameen was reported to be considering access through Maldivian waters for passing Sri Lankan fishing vessels. He is also said to have revealed his decision to reject the proposed status of forces agreement (SOFA) with the United States.

Opinions on the president’s fisheries policy – as well as the policies of Malé city council – were expressed this week as Minivan News visited the capital’s famous fish market to talk about the state of the industry.

The government’s plans to expand the tourism industry were discussed this week as Minivan News interviewed cabinet minister Ahmed Adeeb, while the Home Ministry’s focus on the illegal drugs trade continued as police seized MVR300,000 worth of drugs – along with an endangered primate – from a house in Malé.

The president’s foreign policy also took shape – with a clear emphasis on economic self-sufficiency to facilitate independence and protect sovereignty.

Whilst bilateral ties between India and the Maldives were celebrated with the launch of the Dosti-Ekuverikan week, opposition spokesperson Hamid Abdul Ghafoor told Indian media that the country had “failed” Maldivian democracy during recent political turmoils.

Local elections

The week began with the local council elections, and finished with the final results of the 1,100 contests still not yet known. What was clear was that turnout was low on the day – a report from Transparency Maldives suggested the system was failing up to one third of voters who live and work away from their registered island of residence.

The Elections Commission (EC) introduced the public displaying of ID card photographs to help prevent voter fraud, though the decision quickly brought complaints from religious leaders regarding the exposure of women who have since started wearing the veil.

November’s second-placed presidential candidate Mohamed Nasheed subsequently suggested that the clear existence of voters without photographs in the presidential poll registry indicated “serious fraud in the presidential election”.

The Maldivian Democratic Party figurehead went on to suggest that victory for his party in March’s parliamentary elections would see impeachment proceedings initiated against President Yameen.

Minivan News’ series of MP interviews continued this week, with Rozaina Adam, Mohamed ‘Colonel’ Nasheed, and Ahmed Abdulla all taking their turns.

Despite his Progressive Party of Maldives expressing confidence that they would win the majority of council seats, Yameen noted that party members standing as independent candidates had cost seats.

Supreme Court

Never far from the headlines, the Supreme Court’s role in the recent presidential elections continued to make news. The EC suggested that the Police Integrity Commission had shied away from examining key evidence used to annul the first round for fear of casting doubt on the court’s verdict.

Criticism of the verdict broadcast on Raajje TV resulted in this week’s decision by the broadcasting commission to order an apology from the station. Villa TV was similarly ordered to offer apologies for comments said to have defamed MDP candidate Nasheed.

Former Attorney General Husnu Suood was suspended from all courts pending the police’s investigation into his alleged contempt of court during the annulment trial. Suood suggested the decision may be linked to his role in the investigation of Justice Ali Hameed’s role in a sex tape scandal.

The Judicial Services Commission – charged with investigating the Hameed case – revealed its new regulations which will involve the periodic review of judge’s performance.

Meanwhile, the deputy prosecutor general appealed to the Supreme Court after the Criminal Court failed to resume normal activities – having previously halted proceeding pending the confirmation of a new PG.

Elsewhere…

Elsewhere in the Maldives this week, the auditor general revealed that the Defence Ministry had illegally purchased nearly MVR7 million of goods during 2011. This week also saw the first case of unfair dismissal filed in relation to the nine senior military officers removed amid internal murmurings during the controversial presidential race.

Finally, the Maldives was selected for a US$6million concessionary loan from Abu Dhabi for assistance with clean energy projects.

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Two arrested for attempting to raid guest house using forged Police ID

Police have arrested two persons who attempted to search a guest house pretending to be intelligence officers using a forged police ID card.

According to police the pair – aged 23 and 24 -entered a room in a guest house on January 21 and started searching the place after showing a forged police ID card.

They were both arrested when police officers searched their bodies, discovering the forged police IDs.

The police’s Serious and Organized Crime department is investigating the case.

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President considers access for Sri Lankan vessels, rejects US military deal

President Abdulla Yameen has agreed to “explore the possibility” of giving innocent passage to Sri Lankan fishing vessels through Maldivian waters under the UN Law of the Sea, the Sri Lankan government has said.

Yameen is currently on a three-day official state visit to the Maldives’ closest neighbour.

During the visit, the president is also reported to have revealed his decision to reject the US proposal for a Status of Forces Agreement (SOFA), which some had feared would see the establishment of a US military base in the country.

“There have been discussions before… we are not going to pursue it,” Yameen was quoted as telling media in Colombo.

Minister at the President’s Office Mohamed Hussain Shareef has told media the agreement was rejected for fear of upsetting both Sri Lanka and India.

“We have told them that we can’t do it because both India and Sri Lanka are also not happy with it,” Shareef was quoted as saying.

An arrangement to allow the use of Maldivian waters for Sri Lankan vessels was made during President Mohamed Nasheed’s term, being met with harsh criticism from Dhivehi Rayyithunge Party (DRP) – the parent party of President Yameen’s Progressive Party of Maldives (PPM).

The issue was debated in the parliament at the time, with some MPs saying that the Maldives did not have the capacity to identify and stop foreign vessels fishing illegally fishing, and that such an agreement could further complicate monitoring of the economic zone.

According to the United Nations Convention on the Law of the Sea, there should not be any fishing activities during an ‘innocent passage’ through territorial sea of a country.

Just two weeks after he concluded a visit to neighboring India, Yameen is now visiting Sri Lanka following an invitation from his counterpart Mahindha Rajapaksa. Official talks between the two leaders have focused on expanding trade relations between the two countries and bilateral cooperation at international level.

Strengthening cooperation in areas including banking, finance, fisheries, agriculture, tourism, education, health, defence, maritime and culture were also discussed.

During the talks the two countries agreed to expedite the exchange of prisoners and to explore the possibility of removing travel visa requirements.

President Yameen assured the Maldives’ support to Sri Lanka at international and regional forums of common membership, and highlighted the importance of working together at international level in dealing with issues of mutual concern.

President Rajapaksa assured Sri Lanka’s support for development programs in Maldives, and agreed to provide more placements for Maldivian students in Sri Lankan universities, as well as offering training facilities in professional institutions and defence training centres.

Meeting the Sri Lankan Minister of Industry and Commerce Rishad Bathiudeen, Yameen discussed the importance of reviving the Sri Lanka-Maldives Joint Economic Commission at the earliest opportunity. Sri Lankan Fisheries Minister Dr Rajitah Senaratne also urged the Maldives to purchase boats from Sri Lanka.

Three agreements were signed between Maldives and Sri Lanka following the official talks – a memorandum of understanding (MoU) on combating Transnational Crime and Developing Police Cooperation between Sri Lanka and the Maldives, an MoU for Vocational Training and Skills Development between Sri Lanka and the Maldives and an MoU on Sports Cooperation between Sri Lanka and Maldives.

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Supreme Court suspends prominent lawyer pending investigation for contempt

The Supreme Court has today suspended former attorney general and high profile lawyer Husnu Suood from all courts, accusing him of violating lawyers regulation’s article 3.2[a][c].

Husnu Suood has shown the Supreme Court notice he has received to the media. It states that his comments regarding Supreme Court ruling number 42/SC-C/2013 constituted contempt of court.

The Supreme Court’s notice stated that it has asked the police to further investigate the case and that Suood is to be suspended from all the courts until this investigation is concluded.

Speaking to Minivan News today, Suood said that he believed this was related to the issue of Supreme Court Justice Ali Hameed’s sex scandal case.

Suood suggested that the Supreme Court had suspended him because he is in the committee investigating the judges alleged appearance on the tape.

‘’[Former Youth Minister] Hassan Latheef and Hisan Haseen were also both lawyers accused of the same thing, but the court gave them advice and did not take action against them, but I am suspended so it is not fair,’’ Suood said.

He noted that the Supreme Court ruling in question was the verdict that invalidated the first round results of presidential election first round.

“They [Supreme Court] told me that the suspension was regarding a tweet I posted on twitter which says that I believe that the Supreme Court’s ruling was in violation to the constitution,’’ he said.

“I deny that I was the one who tweeted it, but even if it was me I do not think that expressing one’s opinion is a crime.’’

He also said that there was nothing in the case for the police to investigate.

‘’Now there is nothing I can do about it I just have to wait for the police to finish the investigation. But what is there to investigate,’’ he asked.

Previously, the Supreme Court suspended Suood for alleged contempt of court.

On September 28, Suood said the dispute regarding the presidential elections had left the country’s ongoing democratic transition in “limbo”. The former AG had represented the Elections Commission (EC) in the election annulment case before being thrown out for ‘contempt of court’.

“I am of the view that all institutions have a duty to uphold the constitution,” he said at the time, in response to the EC’s efforts to conclude presidential polls within the legally mandated – article 111 of the constitution.

“According to the constitution, the Supreme Court’s word is final only in respect of the interpretation of provisions of constitution and law. Here, the Supreme Court had not given an interpretation on Article 111. However, Judicature Act says that all state institutions must abide by the rulings made by courts.”

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E-worker skills programme will allow women to work from home: CSC

The Civil Service Commission (CSC), the Ministry of Transport and Communication and the National Center for Information and Technology (NCIT) held discussions today on introducing a programme to allow civil servants to work from home.

Establishing mechanisms to allow women to work from home was one of President Abdulla Yameen Abdul Gayoom’s key campaign pledges.

The ‘E worker skills programme’ will familiarize civil servants with information and communication technology, CSC President Dr Mohamed Latheef said.

“Civil servants, from those at the lowest level to the highest levels, must be familiar with ICT [information and communication technology]. ICT is literacy of the work place,” Latheef said.

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JSC to evaluate performance of judges

The judicial oversight body, the Judicial Services Commission (JSC), is to evaluate performances of all judges at least every two years under a new regulation.

The Regulation on Evaluation of Judge’s Performance came into effect on January 1, and was made public on Tuesday.

“This regulation allows the JSC to take action against non-performing judges and also provides incentives for judges who perform well,” JSC member and opposition Maldivian Democratic Party (MDP) MP Ahmed Hamza said.

Under the regulation, the JSC is to appoint a five-member subcommittee to conduct performance appraisals of all judges. Judges will be evaluated on four criteria: work performance, commitment to the judges’ code of conduct, attendance, and extent to which the judge’s verdicts are repealed in the appeal process.

If a judge gains between 85- 100 points, he or she will be given priority in promotions to a superior court.

However, if a judge receives below 50 points in two consecutive appraisal terms, the JSC will recommend the People’s Majlis to retire the judge or transfer the judge to another position in the judiciary.

Hamza said the regulation constituted an important step in holding judges accountable, but said the judiciary intervened regularly in the JSC’s attempts to discipline judges.

“Influential judges do not want the JSC to function. They use legal loopholes to undermine the JSC’s powers,” Hamza said, referring to the recent Supreme Court’s mandamus order halting the JSC’s decision to shuffle ten superior court judges.

Article 46 of the Judges Act allows the JSC to transfer judges between courts on the request of the Judicial Council.

However, the Supreme Court has annulled the Judicial Council and taken over the council’s powers, effectively limiting the JSC’s power to transfer or appoint any judges unless authorised by the Supreme Court.

Hamza said the People’s Majlis needed to amend judiciary related laws to limit judicial interference in the JSC.

The JSC’s record on disciplining judges has been mediocre. In 2012, a series of sex tapes which appear to show Supreme Court judge Ali Hameed fornicating with three different foreign women in a Colombo hotel room were leaked on social media.

The JSC set up an investigative subcommittee twice, but has failed to follow the subcommittee’s recommendations to suspend Hameed for failing to cooperate with the investigation.

In 2011, the JSC decided to take action against Criminal Court Chief Judge Abdulla Mohamed for politically biased comments in the media. Abdulla Mohamed, however, requested the Civil Court invalidate the JSC’s decision, claiming the media had taken his statement out of context.

The Civil Court issued an injunction in November 2011, ordering the JSC to halt disciplinary action until the court had reached a verdict in the case. The High Court upheld the Civil Court’s injunction in April 2012.

Abdulla Mohamed retains his position as Criminal Court Chief Judge. He was among the ten judges the JSC had decided to transfer before the Supreme Court’s order.

Abdulla Mohamed was a central figure in the downfall of former President Mohamed Nasheed, following the military’s detention of the judge after the government accusations of political bias, obstruction of police, stalling cases, links with organised crime.

The Home Minister at the time described the judge’s conduct as “taking the entire criminal justice system in his fist” in order to protect key figures of the former dictatorship from human rights and corruption cases.

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Home Minister Umar Naseer orders preparations for death penalty

Minister of Home Affairs Umar Naseer has released an order on the Maldives Correctional Services mandating the implementation of the death penalty.

“I order the Maldives Correctional Services [MCS] to implement the death penalty – as sentenced by the Supreme Court – through the use of lethal injection, and to make all necessary arrangements for the implementation of such sentences, and to obtain all necessary equipment for the implementation and maintain the set-up at the Maafushi Prison,” read the order signed by Naseer and made public at a press conference today.

The home minister’s decision comes just days after a death sentence was handed to Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP Dr Afrasheem Ali in October 2012.

The order was received by MCS Commissioner of Prisons Ahmed Shihan at today’s event.

Naseer stated that the order is in alignment with the draft bill on death penalty implementation which the state has made ready for submission to the parliament. He confirmed that advice had been sought from the attorney general prior to the signing of the order.

Implementation only after appeals

The home minister further stated that the death penalty will be implemented only after all appeal processes are exhausted. If the sentenced fails to appeal his case, the state itself will initiate all avenues of appeal prior to the implementation of the sentence, he added .

Naseer said that while the order applies to all pending death sentences, and not just the ones that come after the issuance of the order, the state will not seek to expedite any of the existing appeal cases.

“The government will not interfere with the work of the judiciary, either to expedite or slow down a process. The bottom line is, the death penalty will only be implemented once all the appeal processes are completed,” he stated.

“Regulations on how this penalty will be implemented have already been compiled. Media will have access to the centre of implementation, but not will be allowed inside. The MCS now must run training programs for those who will be involved in this work and they will also begin work on establishing the necessary set up,” he continued.

“While this order does not detail a specific deadline for completion of this task, the MCS will have everything ready by the time we will need to implement such a sentence.”

The minister added that, in the case of minors sentenced to death, “I think the rule is to wait till they turn eighteen for implementation of the sentence. It will be done in accordance with international treaties we have signed”.

Naseer stated that, as Home Minister, he would need to sign a specific order to authorise the execution of each individual person sentenced to death.

A source at the Home Ministry stated that, although there are approximately twenty individuals currently sentenced to death, all cases are being appealed at the High Court and have not yet reached the Supreme Court.

Background

In May last year, the UN country team called for the abolition of death penalty in the Maldives, stating: “in view of the country’s more than 50 year moratorium, the United Nations call upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty”.

Earlier in 2013, calls for presidential clemency to be blocked resulted in then Attorney General Azima Shakoor asking the High Court to decide upon the matter.

Azima further drafted a bill in December 2012 favouring the implementation of the penalty via lethal injection. This was met with opposition from religious groups including Jamiyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

In June 2013, Dhivehi Qaumee Party MP Riyaz Rasheed submitted a bill asking for death penalty to be implemented by hanging. The bill was rejected by 26 votes to 18, with no abstentions.

During campaigns for 2013 presidential elections, incumbent President Abdulla Yameen stated that “murder has to be punished with murder”. Yameen revealed that, although he was previously not an advocate of the death penalty, he “had a change of heart” due to “murders that have become too commonplace”.

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