Tag: maldives

Man arrested for vandalism of Indian High Commissioner’s Car

The police have arrested a 22 year-old suspect in connection with the vandalism of the Indian High Commissioner’s Car on Monday (October 28).

The police obtained a warrant from the Criminal Court to arrest the man, but have not provided any further details on the case. The case is being investigated by the Serious and Organised Crime Department.

The rear window of High Commissioner Rajeeve Shahare’s car was smashed on Monday evening whilst parked outside of the High Commission in Male’.

A statement released by the Indian High Commission described the attack, noting that a police officer was observed by High Commission security staff as witnessing the attack but failing to react.

“The Indian High Commission security guards observed on the close circuit TV that the culprit purposefully approached the Indian flag car, pelted two metallic objects at the car one of which smashed the rear windshield, and ran away thereafter,” said the statement.

“It is evident that there was malicious intention to cause damage to the property and perhaps to the occupant of the car. Importantly, the High Commissioner was in the car just a few minutes before the attack,” it continued.

The President’s Office on October 29 assured that such “cowardly” attacks against foreign diplomatic personnel and property would not be tolerated.

“The close and friendly relation that exists between the Maldives and India is based on mutual respect, understanding and reinforced by a shared vision of a better future for our people,” it said.

The Ministry of Foreign Affairs has also expressed concern over the attack on the diplomatic vehicle.

“The Ministry wishes to call on all members of the public to refrain from activities that might undermine the close friendly relations that exist between Maldives and its close and friendly neighbours,” the ministry said in a statement on Tuesday (October 29).

The Maldives’ traditionally close ties with India have come under increasing strain under the current government, with the cancellation of a deal to develop Ibrahim Nasir International Airport  in December 2012 the most contentious issue.

The 25-year, US$500million, lease signed with Indian infrastructure company GMR was terminated after a long and at times xenophobic campaign from government-aligned parties.

The campaign sparked a diplomatic row after President’s Office spokesman Abbas Adil Riza accused Indian High Commissioner D.M. Mulay of being a “traitor and enemy of the Maldives and the Maldivian people”.

The President’s Office quickly distanced itself from these remarks. Both men have since left their posts.

GMR is currently seeking US$1.4billion in compensation in a Singaporean court of arbitration – a figure greater than the Maldives’ annual state budget.

On February 15 this year, the Indian government revoked a special quota afforded to the Maldives for the import of aggregate and river sand, resulting in a weakening of the construction sector in 2013.

The Indian High Commission itself became the scene of political drama as former President Nasheed temporarily sought refuge inside the diplomatic mission after police attempted to arrest him to ensure his appearance in court.

Following Monday’s attack, the Maldivian Democratic Party described the rhetoric of the past few months as “hate mongering targeting Indian officials.”

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Reporters Without Borders blasts “persecution” of Raajje TV

Reporters Without Borders (RSF) has released a statement further criticising the “persecution” of Raajje TV, after the recent initiation of a Supreme Court ordered investigation into its content.

The station is currently under investigation by police after the court ordered they look into an October 19 news report which is alleged to have defamed the institution.

“Not only is the accusation spurious but the investigation has been assigned to the police, which has no competence in such a matter,” RSF said.

“As the Maldives Media Council, the Maldives Broadcasting Commission [MBC] and the opposition Maldivian Democratic Party have all said, such an investigation is the Council’s responsibility.”

Raajje TV CEO Yamin Rasheed told Minivan News yesterday that, whilst both himself and the station’s News Head Asward Ibrahim had been summoned to police, he was only only willing to cooperate with the MBC.

“I won’t co-operate with police, but if the police and broadcasting commission get together and find a solution, I am willing to cooperate – if the broadcasting commission direct us to do so,” said Yamin.

Yesterday’s RSF statement sought to remind the Maldives police of its duty to guarantee freedom of information and media independence.

“The police should concentrate on identifying and arresting the perpetrators and instigators of the arson attack that gutted the station’s premises on 7 October instead of worrying about the quality of its programmes,” read the RSF statement.

Following the destruction of the station’s main studios by masked men earlier this month, RSF strongly condemned the attitude of police who failed to prevent the premeditated attack.

The day after the attack, Chief Superintendent of Police Abdulla Nawaz suggested that protests conducted nearby by the Maldivian Democratic Party – with whom Raajje TV is aligned – had diverted police resources on the night of the attack, before arguing that Raajje TV staff had been negligent in not protecting the premises.

Police have today revealed that seven men and one minor have been arrested in relation to the attack.

“This unconstitutional order follows a failure on the part of the police to protect Raajje TV’s headquarters although they had been informed about the threats it had received, and it shows that the authorities are endorsing an offensive designed to silence Raajje TV by any means necessary,” read this week’s RSF statement.

After receiving fresh threats against its premises this week, Raajje TV has been advised by police to hire additional private security.

“The Police also responded to RaajjeTV’s request of Police security stating that there are difficulties in placing Officers for security but the building and the area will be specially patrolled,” read a police statement yesterday.

Since the controversial transfer of power on February 7, 2012, Raajje TV has faced increasing threats. In July 2012, the police and the President’s Office had said it would not cooperate with the TV station, blocking the station from President’s Office’s press conferences and police protection at protests.

The Civil Court has since ruled that the police and President’s Office’s decisions to ostracize the station were both unconstitutional.

In August 2012, critical cables in the station’s control room were cut, terminating the station’s broadcast. Several Raajje TV journalists have also reported arbitrary arrests and assaults.

In February 2013, men wielding iron rods on motorbikes assaulted Asward leaving him with near near-fatal head injuries.

“The same political alliance is behind the fresh threat, which says Raajje TV should be gone from the scene to meet their political needs,” Yamin told Minivan News this week.

The Maldives plummeted to 103rd in the RSF Press Freedom Index this year – a fall of 30 places and a return to pre-2008 levels.

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Pronounced dead: ‘Deceased’ voters found to be alive

When Ahmed Naseem, 48, attempted to verify his information on the voter registry for the new presidential elections scheduled for November 9, he found he had been taken off the list.

The Supreme Court in its verdict annulling the first round of presidential election held on September 7 had deemed him dead and had counted his vote as fraudulent.

“I am saddened and quite fed up. I have been deprived of my right to vote,” Naseem told Minivan News. “Now I have to go to court to regain my identity.”

The Supreme Court annulled the September 7 vote, citing widespread electoral fraud despite unanimous international and domestic praise of a free and fair electoral process.

The apex court claims 5623 ineligible votes were cast – a number that could have altered the narrow margin between the second and third placed candidates.

These votes include votes allegedly cast by 18 dead people, 7 minors, 225 people without authentic identity cards, 773 people with discrepancies in their national identification numbers, 2830 people with discrepancies in their addresses, 952 people with discrepancies in their names, 7 people who did not exist, and 819 people whose national identification numbers were written down wrong by election officials at the time of voting.

Naseem said the Elections Commission had told him he will not be allowed to vote unless he obtains a court document confirming that he is in fact still alive.

“Now, I will not be able to use my identity card for anything,” he said.

Naseem’s wife, Mariyam Zubair, has written to the Supreme Court’s Chief Justice Ahmed Faiz today informing the apex court that her husband is alive.

“The Supreme Court’s verdict no 2013/SC-C/42 has deemed me to be a widow by law,” the letter shared on Twitter said. “I request you to annul [the Supreme Court] decision that my husband is dead and remove my widowhood.”

Back from the dead

Speaking to Maldives Broadcasting Corporation’s Raajje Miadhu (Maldives Today) program, EC President Fuwad Thowfeek said the commission had discovered that at least four of the eighteen people deemed to be dead in the Supreme Court verdict were in fact alive.

In addition to Naseem, the EC had found that Mohamed Ahmed of Addu Atoll Maradhoo Island, Fathmath Didi of Addu Atoll Hithadhoo Island and Khadeeja Gasim of Laamu Atoll Fonadhoo Island were alive.

“Like this, many people who are alive and had voted have been deemed by the Supreme court as votes cast by dead people, and based on that, they have annulled the election,” Fuwad said.

The EC and the Human Rights Commission have criticized the evidence used by the Supreme Court to annul the vote.

In an interview on October 19, Fuwad suggested the Supreme Court was disenfranchising individuals by invalidating votes of those who had address or name mismatches between their identity cards and the voter registry.

“For example, a person called Mohamed Waheed Hassan, may have his name on ID card as Mohamed Waheed. When we gave him the right to vote, they counted it as a fraudulent vote. But the ID card number, address, date of birth and photo is the same … We know it is the same person, the date of birth is exact, the ID card number is the same, photo shows it is the right person,” said Fuwad.

“When we give these people the right to vote, [the Supreme Court] has said that is giving the right to vote to a person who doesn’t have the right to vote,” Fuwad said.

The HRCM, in a leaked report, conducted an analysis of the Supreme Court’s evidence, finding only 1033 of the 5623 votes could be considered irregular.

The commission said the EC may have given 952 individuals with differences in the spelling of their names the right to vote to ensure an eligible voter is not disenfranchised, especially in cases where all other information and picture on the identification documents match.

Further, the commission notes that the 2830 cases of address mismatch should only be counted as evidence if any individual has used the discrepancy to violate another person’s right to vote.

“We do not believe address mismatches can influence the result of this election as this is not constituency specific,” the report said.

Dissenting judges in the Supreme Court verdict said it is the High Court, not the Supreme Court who has jurisdiction over the case. Further, Chief Justice Ahmed Faiz and Justice Abdulla Areef only noted 473 cases of possible fraud.

A new presidential election has been set for November 9. The Supreme Court ordered the EC to discard its voter registry and compile a new one based on the Department of National Registration’s database.

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“Supreme Court is subverting the democratic process”: UN High Commissioner for Human Rights

United Nations High Commissioner for Human Rights Navi Pillay has released a statement on Wednesday expressing concern about “the dangerous drift in the democratic process in the Maldives largely as a result of the Supreme Court’s repeated interventions in the presidential election process”.

“I am alarmed that the Supreme Court of the Maldives is interfering excessively in the Presidential elections, and in so doing is subverting the democratic process and violating the right of Maldivians to freely elect their representatives,” the statement read.

The Supreme Court immediately hit back today, with Chief Justice Ahmed Faiz describing Pillay’s comments as “poorly researched” and  “irresponsible”.

“The Supreme Court nullified the first round of the Presidential Election of 7 September 2013 on the basis of irregularities in the process, despite the general conclusions by national and international observers that the election was free and fair,” read Pillay’s statement.

Pillay also described the court’s election guidelines as “onerous” and “difficult to satisfy”.

“There have been longstanding concerns about the independence and impartiality of the judiciary in the Maldives, which both the High Commissioner and the Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul, addressed during official visits to the country in 2011 and 2013,” added Pillay

“I am normally the first to defend the independence of the judiciary, but this also carries responsibilities. Judges should act in accordance with the principles of impartiality, propriety, equality and due diligence, as reflected in the UN Basic Principles on the Independence of Judiciary, the Bangalore Principles of Judicial Conduct, and Maldives’ own code of conduct,” Pillay stated.

The statement further also expressed concern regarding the court’s threats to charge lawyers, media and civil society groups for challenging its decisions, as well as “the reactivation of old cases to arrest opposition MPs or bar them from Parliament.”

“The Supreme Court appears set on undermining other independent institutions, stifling criticism and public debate, and depriving litigants of the legal representation of their choice,” Pillay stated.

Chief Justice’s response

“I harshly condemn UN High Commissioner for Human Rights Navi Pillay’s  false allegations regarding the Maldives Supreme Court’s work to uphold its constitutional duties and responsibilities. I do not believe she has any authority to speak in such terms,” responded Chief Justice Faiz today.

Defending the court’s neutrality, Faiz argued that Pillay’s statement was unacceptable for an official operating under the UN’s mandate to protect the rights of large and small states alike.

“False allegations by any party on the Supreme Court’s work does not aid strengthening democracy, administration of justice in the Maldives or uphold the rule of law. It does not encourage the promotion of democracy, rule of law or protection of human rights,” read Faiz’s statement.

The first round of the Maldives presidential election – held on September 7 was annulled by the Supreme Court earlier this month, with a fresh round of elections arranged to be held on October 19.

The re-scheduled vote, however, was also cancelled after police obstructed the Elections Commission, citing the Supreme Court’s issued 16 regulation as justification.

As well as condemning the police for the delay, the Human Rights Commission of the Maldives has also condemned the police for “acting beyond its mandate”, while a leaked report by the commission questions the credibility of the evidence used by the apex court in its annulment of the first round of elections.

A joint statement by the International Federation for Human Rights and local NGO Maldives Democracy Network has described the court’s verdict as being founded on “materially baseless arguments”, after the first round was “applauded as a success by the international community.”

A new first round is now scheduled for November 9, with the EC President Fuwad Thowfeek maintaining it will not be changed despite requests to expedite the polling date from both the current government and the contesting presidential candidates.

Government-aligned parties go to SC for political solutions

Progressive Party of Maldives lawyer Ibrahim ‘Wadde’ Waheed submitted a case to the Supreme Court on Tuesday seeking a ruling on the motion passed by the parliament to appoint Speaker Abdulla Shahid as interim head of state in the instance that an elected president cannot be installed by the constitutionally mandated date, November 11.

Waheed is quoted in local media as saying the parliamentary motion has been passed against the constitution and the verdicts of the Supreme Court.

On the same day, Wadde has also submitted another case to the court asking it to rule that the MDP MP Ahmed Hamza’s appointment to the judicial watchdog – the Judicial Services Commission (JSC) – was conducted in breach of the constitution.

In this case, Wadde argued that Hamza is a person who works “against the judiciary” and so he finds it “unacceptable that such a man can serve in the JSC”.

Earlier this month Wadde, alongside Jumhooree Coalition member ‘Madhanee Ihthihaadh’ (Civil Alliance) President Sheikh Mohamed Didi, filed a case in the apex court challenging opposition Maldivian Democratic Party candidate and former President Mohamed Nasheed’s candidacy.

The petition gave as grounds Nasheed’s criticism of the judiciary, as well as his “outright criticism towards Islam and iposing Islamic Sharia’ in the Maldives”.

Jumhooree Coalition’s Presidential Candidate Gasim Ibrahim has also this week called on President Dr Mohamed Waheed to seek advice from the apex court on the course of action he should take should there not be an elected leader by November 11.

Speaking at a party rally, Gasim stated that as Waheed has previously written to the parliament for advice, he believes the president should also seek the opinion of the Supreme Court.

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Raajje TV looks to public for protection against new threats

Local television station Raajje TV is enlisting the public to boost its security after learning of further threats from political opponents.

“We have a book open to register their names,” CEO Yamin Rasheed. “We are finding citizens to protect us physically.”

The station’s headquarters were destroyed in an arson attack committed in spite of advance warnings communicated to police.

A group of masked men armed with machetes, iron rods and petrol set fire to the station’s main premises shortly before 4:45am on October 7, destroying its offices and control room as well as cameras, computer systems, broadcasting and transmission equipment.

After receiving donated equipment, the station was able to resume a reduced service within hours of the attack.

Yamin said the station had received further reports this week – from “reliable sources” – of threats made against the Maldivian Democratic Party (MDP) aligned station.

“The same political alliance is behind the fresh threat, which says Raajje TV should be gone from the scene to meet their political needs,” he said.

The option to use private security was suggested by police after being made aware of the new threats.

“The Police also responded to RaajjeTV’s request of Police security stating that there are difficulties in placing Officers for security but the building and the area will be specially patrolled,” read a police statement today.

Yamin expressed doubt as whether this was the case, noting that other broadcasters had received the type of protection Raajje TV was now seeking, though he did confirm that police had been maintaining a 24hr presence in the area.

Eyewitnesses on October 7 suggested that police had been in the area on that occasion but had been slow to respond to phone calls, or to the pleas of the on-duty guard – who was stabbed during the attack.

The day after the attack, Chief Superintendent of Police Abdulla Nawaz suggested that MDP protests had diverted police resources on the night of the attack, before arguing that Raajje TV staff had been negligent in not protecting the premises.

The police’s failure to prevent the attack has been condemned by Reporters Without Borders who described it as  “a direct blow to freedom of information”.

UN High Commissioner for Human Rights Navi Pillay also called on full protection for Raajje TV and other threatened institutions.

Police Inspector Azeem Waheed has written to Raajje TV CEO Akram Kamaaludheen this week requesting any information relating to past or threatened attacks on the station.

Since the controversial transfer of power on February 7, 2012, Raajje TV has faced increasing threats. In July 2012, the police and the President’s Office had said it would not cooperate with the TV station, blocking the station from President’s Office’s press conferences and police protection at protests.

The Civil Court has since ruled that the police and president’s office’s decisions  to ostracize the station were both unconstitutional.

In August 2012, critical cables in the station’s control room were cut, terminating the station’s broadcast. Several Raajje TV journalists have also reported arbitrary arrests and assaults.

In February 2013, men wielding iron rods on motorbikes assaulted Asward leaving him with near near-fatal head injuries.

According to Raajje TV the station had an audience of at least 95,000 people, one of the largest shares of Maldivian media. It reaches India and Sri Lanka, and is also streamed online.

The station is currently under investigation for allegedly defaming the Supreme Court in an October 19 broadcast. Yamin has refused to co-operate with the court ordered police investigation, arguing that such cases fall within the purview of the Maldives Broadcasting Commission.

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Criminal Court warns MP Ghafoor of trial in absentia

The Criminal Court has warned Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor that it will try him absentia if he fails to attend a court hearing scheduled for 1:30pm on Thursday.

Ghafoor took refuge inside the People’s Majlis on Thursday (October 24) following several police attempts to arrest him and present him at the Criminal Court. He is being tried for refusal to provide a urine sample – an offense that carries a one year jail sentence and could disqualify him from his parliamentary seat.

“The Criminal Court orders Hamid Abdul Gafoor of H. Shady Corner, Malé to attend court at 13:00 on 31 October 2013. If Hamid Abdul Gafoor is not present at the court at the specified date and time, we inform him we will continue with and conclude the above trial in absentia as per Article 30 (a) of the Regulations on court summons,” a statement issued by the Criminal Court today said.

Criminal Court Chief Justice Abdulla Mohamed is presiding over the case.

Ghafoor has accused the criminal court of a “politically motivated personal hunt” to influence the MDP and its ally Dhivehi Rayyithunge Party’s simple majority in parliament. Ghafoor is also being tried separately for possession of alcohol.

The MP has pleaded innocent at the two hearings that have taken place so far. A third hearing was scheduled for October 23 at 9:00 am. But Ghafoor’s lawyers told the Criminal Court a day in advance that the MP could not attend due to a parliamentary proceedings scheduled at the time.

Article 11 of the Parliamentary Powers and Privileges Act sates that an MP cannot be summoned to court during Majlis sittings or parliamentary committee hearings.

However, the Criminal Court did not respond to the letter. Instead, it scheduled a new hearing for 1:00pm on October 24 and issued a court warrant ordering police to arrest Ghafoor and present him at court. The MP took refuge inside the Majlis and has not left parliament premises since.

The Criminal Court scheduled a second hearing on Monday October 28 at 9:00am and issued new arrest warrant. The police wrote to Speaker Abdulla Shahid to turn Ghafoor over, but Shahid cited Article 11 of the Parliamentary Privileges and Powers Act and said Ghafoor could not be summoned to court during Majlis hours.

Speaker obliged to protect MPs, says Majlis

Ghafoor’s lawyer Hussein Shameem said his client would appeal the Criminal Court’s “unlawful” arrest warrants at the High Court, saying that the Criminal Court had not followed due process.

Shameem also argued the state had no grounds to prosecute Ghafoor as there was no legal evidence of the police having requested a urine sample. According to the Drug Act, the police are to ask for a urine sample in writing and obtain a signature from the accused if they refuse to provide a sample, he claimed.

Shameem has written to Prosecutor General (PG) Ahmed Muizz to review the case due to “procedural issues” and to carry out the PG’s duty to uphold the constitutional order and the law as per Article 223 of the constitution by taking action against the courts for issuing unlawful summons.

Ghafoor told Minivan News on Sunday that he was willing to stay inside the Majlis premises “until the judiciary is destroyed.”

“Now I know how helpless ordinary citizens are. I feel like I’m being hunted by a corrupt judiciary. You don’t feel good when you are being singled out. You feel like prey. You can never relax,” Ghafoor said.

The MDP has condemned the judiciary’s attempts to “purge” its MPs. On Thursday (October 24), the Supreme Court, in a controversial ruling, stripped MDP MP Ali Azim and DRP MP Mohamed Nashiz of their parliamentary seats over decreed debt.

Eight other MDP MPs are currently being investigated for contempt of court and disobedience to order. MP Abdulla Jabir is also being tried for refusal to provide a urine sample and possession of alcohol.

Meanwhile, former Attorney General Azima Shakoor has criticized Majlis Speaker Abdulla Shahid for allegedly helping MPs evade courts by harboring those who had committed criminal acts inside the Majlis building. Azima was voted out of office in a no confidence motion on Tuesday.

A Majlis secretariat statement has refuted the allegations, arguing that the speaker is constitutionally obliged to protect MPs.

“The People’s Majlis Speaker assures all the citizens he will uphold the rights and privileges enshrined in the Parliamentary Powers and Privileges Act for all Members of Parliament without any political bias,” it said.

The Inter Parliamentary Union (IPU) has expressed alarm over the prosecution of MPs and is to send an urgent IPU delegation to the Maldives.

“I propose that an IPU delegation returns urgently to the Maldives to discuss and agree with the relevant authorities and stakeholders effective steps to ensure that the parliament can fully discharge its legislative and oversight functions freely and independently and that its members can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity,” said the Secretary General Anders B. Johnsson.

MDP MP Ahmed Easa has submitted an amendment to the Drug Act to reduce the jail time for refusal to provide a urine sample from one year to 15 days. Easa said the specific article in the Drug Act was being used unfairly for politically motivated reasons.

Speaking to local media, the National Drug Agency’s CEO Ahmed Shahid spoke against the amendment, claiming that reducing the sentence for refusal to provide urine would obstruct identifying drug abusers and providing treatment for drug abuse.

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ACC requests former Home Minister be charged over prisoner transferred from Sri Lanka

The Anti-Corruption Commission (ACC) has sent a case to the Prosecutor General to charge former Acting Home Minister Ameen Faisal for his role in setting free a Maldivian man sentenced to life by a Sri Lankan court for drug smuggling.

The ACC in a statement said that a man – identified as Ibrahim Adam Manik of Gomashige in Mahchangolhi, Male’, son of Male’ City Councillor ‘Sarangu’ Adam Manik – was sentenced to life by the High Court of Sri Lanka in Negombo and brought to Male’ on March 29, 2009.

According to the ACC, the Sri Lankan  Ministry of Justice and Law Reform agreed to send him back after the Maldivian Home Ministry gave assurances that his sentence would be implemented in a Maldivian prison.

The ACC said that their investigation had found out the letter from Maldivian Home Ministry was sent by the then Acting Home Minister Ameen Faisal – a senior member of Maldivian Democratic Party (MDP) who had filled a number of senior government portfolios.

In the letter, Faisal had agreed that the Maldivian Home Ministry would take responsibility for implementing Ibrahim Adam Manik’s sentence.

The ACC said that the prisoner was brought to the Maldives before asking for legal advice from the then-Attorney General, and that the then-Acting Home Minister had not clarified whether there was a legal procedure whereby Maldivian prisoners  abroad could be transferred to the Maldives to complete their sentence.

On February 12, 2008, the Maldives and Sri Lanka signed an agreement to transfer prisoners, although the two countries have not exchanged documents regarding the implementation of the agreement and have no legal procedure on how to transfer the prisoners, the ACC said.

Moreover, the ACC said that Ibrahim Adam Manik was brought to the Maldives a few days after the Sri Lankan High Court had sentenced him to life whilst there were many other Maldivians serving life sentences at foreign prisons.

The ACC concluded that this action in the case constituted abuse of public power for private benefit, which is considered a crime under the Anti-Corruption Act’s article 12(a).

When contacted for a comment regarding the matter, Faisal told Minivan News he said he was busy and asked to be contacted later. He was not responding to further calls at the time of press.

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Majlis accepts bill to criminalise tourism boycotts

With additional reporting by Daniel Bosley

The People’s Majlis has today accepted a bill prohibiting tourism boycotts, with 30 members voting for, 30 members voting against, and Maldivian Democratic Party (MDP) MP Abdulla Shahid casting the deciding vote as speaker of the house.

The tourism boycott bill would criminalize calls for a boycott, as well as the supporting or endorsing of a boycott, participating in a tourism boycott, or any act that would incite fear amongst tourists.

Amendments to the penal code were also introduced in the Majlis today, with MDP MP Imthiyaz Fahmy submitting amendments to a number of articles, including article 81 – under which MDP presidential candidate Mohamed Nasheed is currently being charged.

The boycott bill – submitted by the Progressive Party of the Maldives (PPM) MP Ali Arif – has now been sent to the Majlis Economic Committee.

Depending on the level of participation in the boycott, those found guilty could be fined MVR150,000 (US$9740), have their trade permits cancelled, or have any honors or privileges awarded by the state revoked.

Discussions of a tourism boycott have always been particularly sensitive in the Maldives, with the country reliant on the industry which contributes over 70 percent of the country’s GDP.

Government ministers have in the past described the industry as “sacred”.

A selective tourism boycott labelled the ‘Maldives Travel Advisory’ appeared in the months following the contested transfer of power in February 2012, although the website was soon taken down.

Similarly, Nasheed himself told the Financial Times in July last year that tourists planning to visit the Maldives should cancel their holidays.

This call was not repeated, however, with the party’s National Council never agreeing to adopt such a policy.

Removals from existing code

In addition to removing Penal Code’s Article 81, Imthiyaz Fahmy proposed removing Articles 75 and 87.

Article 81 of the penal code regards public servant using authority to arrest or detain innocent persons.

“It shall be an offense for any public servant by reason of the authority of office he is in to detain or arrest in a manner contrary to law. Person guilty of this offense shall be subjected to exile or imprisonment not exceeding 3 years or a fine not exceeding MRF 2,000,” reads the article.

Former President Nasheed is currently being charged under Article 81 for the arrest of Criminal Court Chief Judge Abdulla Mohamed – an incident that precipitated Nasheed’s ouster in February 2012.

The arrest followed the failure of parliament and the Judicial Services Commission to taken action over an extensive list of allegations against Mohamed.

The Nasheed trial subsequently stalled at the high court level after the legitimacy of the Hulhumale’ Magistrate Court – specially assembled for the case – was disputed.

The composition of the court and the conduct of the trial was also criticised by UN Special Rapporteur Gabriella Knaul as “arbitary” and of questionable legality.

The Progressive Party of Maldives called for the trial to be resumed earlier this month, though not further action has yet been taken in the courts.

Penal code article 75 concerns the making of false charges: “Whoever institutes a claim against another person with the intent to cause inconvenience, loss or injury to that person without lawful grounds shall be subjected to a fine not exceeding MRF 2000.”

Section 87 of the code relates to the failure to assist public servant in his duties, with offenders subject to exile, six months imprisonment, or a MVR500 fine.

The amendments come at a time when several MDP MPs, including Fahmy, are being investigated for contempt of court and for criticising the judiciary.

The current penal code was written in 1968. Work on a new penal code started in 2008, but it is still at committee stage.

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EC grants opportunity for parties to review re-registration forms

Elections Commission (EC) President Fuwad Thowfeek has described the differing responses the commission has received to the opportunity political parties have been given to review voter re-registration forms.

Concerns over the voter registry resulted in the failure of the Progressive Party of Maldives (PPM) and Jumhooree Party (JP) candidates to sign the lists prior to the vote scheduled for October 19, prompting the police to block polling.

The election has been re-scheduled for November 9.

Representatives have been granted access to the forms from yesterday (October 28), but EC officials have suggested that some parties had failed to take full advantage.

All parties, however, have today assured Minivan News that they are using the review period to maximum effect.

Whilst the PPM is working “very enthusiastically” on reviewing forms – with four or five representatives present at all assigned times -Thowfeek reported that the JP had only sent one person, with a separate EC official revealing the party had failed to send anyone to this morning’s session.

“MDP [Maldivian Democratic Party] said from the start that they are not too concerned about checking the forms, and said that they will however send representatives if the other parties are doing the same. They haven’t really submitted any complaints either,” said Thowfeek.

The MDP was the only party to have signed the lists prior to the delayed vote.

An official from the EC said that the opportunity for reviewing forms has been given to the parties since yesterday, with the allocated times being from 9am to 12pm, 2pm to 5pm, and 8pm to 10pm.

While the forms are scheduled to be sent to the Department of National Registration for fingerprint verification by November 3, the official said the EC has not yet fixed a deadline for the review process, noting that some parties had requested an extension.

Political party responses

JP Secretary General Hassan Shah today assured that the party is “taking complete use of the opportunity”.

“Since we can send in five representatives at a time, we are doing that. Even today, we sent a full team from 2pm to 5pm. We’ll do the same at 8pm tonight. In the morning because of some work, we were able to send one representative. Sometimes there might be one or two, but if possible we send all five,” he said.

“I can however tell you that the representatives who are going there to review the forms have informed us of numerous problems in the form. They have said there are forms where the signatures of the person wishing to be re-registered and the witnesses have signatures which are similar, the fingerprints are unclear or imperfect and copies of the identity cards are unclear,” he said.

Shah was unable to say how many forms the team had gone through, and what quantity or percentage of the reviewed forms were noticed as having problems.

“I can say though that there are a lot of problems,” he said, adding that the team were bringing these issues to the attention of the EC.

Ahmed Tholal, former Director General of the EC, who is currently heading the PPM’s reviewing process told Minivan News that the party was sending full teams at all allocated times to carry out the process as directed by the EC.

“I cannot say for sure how many forms with problems that our team has come across so far, however there certainly are some issues. We’ll know to say for sure once we have completed reviewing all the forms,” he said.

Meanwhile, MDP Deputy Secretary General Ahmed Akram said that his party was also ensuring it sends full teams to review the forms.

“We have reviewed 7,500 forms so far and have not come across any issues of concern,” he said.

“MDP will complete it by whichever deadline the EC decides upon, as we believe that election related matters must be decided on by the Elections Commission, and not the courts,” Akram stated.

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