Tag: maldives

Criminal Court acquits six suspects in Shifan’s murder case, despite DNA evidence

The Criminal Court has ruled that all six suspects arrested in connection with the stabbing murder of Ali Shifan are innocent and ordered their release.

The judge ruled that there was not enough evidence to convict, reported local media, despite the DNA of the victim being found under the fingernail of one of the suspects.

The six suspects were identified by the police as Ali Nabeeh, 22, of M.Nalahiyaa Manzil, Mohamed Shaifan, 18, of Male’ Dhaftharu no 3912,  Razzan Abdu Rahman, 19, of Kaanimaage house in Thulhaadhoo island of Baa Atoll,  Abdul Thilmeez, 20, of M.Thilmeez,  Mohamed Asif, 19, of Maafahi house inKurendhoo island of Lhaviyani Atoll and Mohamed Mishaan Abdul Haadhy, 20, of M.Silver Nest.

The judge said that although the state had produced five witnesses to the court, their statements to police were contradictory.

The court also acknowledged that Ali Shifan’s DNA was found under Shaifan’s fingernail, and accepted that this was “strong forensic evidence”.

However, the judge cited a Supreme Court ruling stating that when dealing with murder cases, a suspect could only be convicted if there was enough evidence to believe he was guilty beyond any doubt, and said the state was not able to convince the court that they were guilty.

Shifan was attacked around 4:15pm on April 1, 2012, outside the Westpark restaurant on Boduthakurufaanu Magu, the outer ring road of Male’.

He was stabbed multiple times in the back and arms by a group of men on some motorbikes as he stepped out of a restaurant to meet a friend, police said.

Shifan had no previous records of any gang involvement, police said, adding that it was unclear as to why he was targeted by the gang.

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Adhaalath Party President vows to dissolve parliament, force MPs to resign

Additional reporting by Neil Meritt

The Adhaalath Party has threatened to dissolve parliament for “not functioning constitutionally”, by pressuring members to resign “just as former President Nasheed was” in February 2012.

President of the Adhaalath Party (AP), Sheikh Imran Abdullah, claimed parliamentarians were not conducting themselves according to the constitution or serving the Maldivian people.

Imran was speaking during a ‘National Movement’ event held at the Artificial Beach in Male’ on March 19, reported local media.

“If the parliament continues to fail to function according to the wishes of the people, Members of Parliament will be pressured to resign in in a similar manner as former President Mohamed Nasheed,” Imran declared.

“God willing, we will dissolve the parliament if it is not conducted according to the constitution. If they don’t want that, they should follow the constitution. We want the parliament to be an honourable place,” he added.

Imran claimed the recently ratified Parliamentary Privileges Act and Political Party Bill are not constitutionally valid laws.

“The Supreme Court has the authority to declare void laws that are enacted in violation of the constitution. So the recently-made Privileges Act and Political Party Act for which protests have been held after they were returned without ratification, are void.

“No action can be taken based on the void articles in these laws. We are not concerned about being accused of violating MPs’ privileges,” he said.

President Mohamed Waheed ratified the two controversial bills – the Parliament’s Privileges Bill and Political Parties Bill – despite previous claims that the two bills had several lapses and “unconstitutional” elements.

Following the President’s initial vetoing of the two bills, parliament overruled the presidential veto by a house majority and forced the bill into law, giving the president no option but to ratify the bills – one of which would see the dissolution of his own political party.

“Not a pressing issue”: Deputy Speaker Nazim

During parliament’s session Wednesday (March 19) MPs presented the issue to the Majlis floor considering Sheik Imran’s comments, a parliamentary official told Minivan News.

“Deputy Speaker of Parliament, MP Ahmed Nazim, who was chairing the sessions, said the matter was not a pressing issue despite concerns the comments were contrary to immunity provided for Majlis members.

“Pointing to parliament’s rules of procedure, Nazim requested any concerns on the matter be forwarded to the parliamentary committee overseeing MP privileges and immunity,” the official added.

The Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP) both reflected the parliamentary sentiments that Imran’s remarks were of no concern.

MDP Spokesperson Hamid Abdul Ghafoor dismissed Imran’s remarks while speaking to Minivan News today.

“Sheik Imran has no understanding of public opinion. Parliament is very popular and the public looks to their elected representatives to solve problems,” claimed Ghafoor.

“As usual, he has got it wrong as he found out people do not like the coup he helped pull off by radicalsing groups of police and the Maldives National Defense Force (MNDF).

“I think parliament is the only democratic institution left. The judiciary has been proven to be corrupt and my party has declared their intention to replace the supreme court bench,” Ghafoor added.

DRP Deputy Leader Ibrahim Shareef agreed, telling Minivan News that Imran’s comments were merely rhetoric.

“Imran is not serious, it’s all rhetoric with no meaning or substance. No such thing [as in the dissolution of parliament] is going to happen. All political leaders have rhetoric, it’s not something to worry about,” said Shareef.

“In fact our political climate is so polarised political leaders seek to please their constituencies. If things our political leaders said were true, we would have landed on the moon by now.

“This is not the way it should be. It does a lot of damage over the long term. It’s very sad, but has become a commonplace reality of life,” Shareef stated.

Unlike Ghafoor, Shareef maintained that the supreme court is a legitimate institution.

“The supreme court is one of the properly functioning institutions. It is not colored by the polarised political climate here,” claimed Shareef.

The “national movement” was born out of the unofficial December 23 coalition of eight political parties and an alliance of non-governmental organisations that rallied to “defend Islam” in late 2011 from the allegedly liberal policies and “secularisation agenda” of former President Nasheed.

The Adhaalath Party and Progressive Party of Maldives were not responding to calls at time of press.

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Four arrested in guesthouse raid on charges of prostitution

Four people were arrested in a guesthouse raid by police on Tuesday night (March 19) as part of an ongoing operation to curb prostitution in Male’.

The latest arrests take place just one week after police raided ‘Roma Beauty and Wellness Centre’ – a beauty salon in Male’ – and arrested 10 individuals on charges of prostitution.

Local media reported that the Tuesday night raid took place at a local guesthouse called ‘Relax @ Kangaroo Inn’ located on Dhiggaamaage in the Heniveru ward of Male’.

Police Spokesperson Chief Inspector Hassan Haneef said today (March 20) that two Maldivian men and two Thai women were arrested on Tuesday night around 8:30pm in an “intelligence-led operation”.

“Police received an arrest warrant before raiding one of the rooms within the guesthouse, where the suspects were found naked and engaged in sexual activity.

“Following a search of the room, a number of [sex] toys and over MVR 4000 (US$260) were found by police,” Haneef told Minivan News.

Refuting a report in SunOnline that claimed the Relax @ Kangaroo Inn guesthouse was being run as a brothel, Haneef stated: “We never made a comment to suggest that claim.”

Manager of Relax @ Kangaroo Inn Mohamed Hamid confirmed to Minivan News today that the premises had been raided by police.

“We had no idea that the two men had been with prostitutes at the guest house. The police just came, took them outside and then they were gone,” he added.

Last week, four Maldivians, four Thai women and two Bangladeshi men were arrested in the beauty salon raid.

Police claimed that when police raided the salon four of the 10 people inside the premises were naked and involved in sexual activities.

When police searched the premises of Roma Beauty and Wellness Centre they discovered MVR13,000 (US$845) and “tools used for sexual activities”.

Police said the office of Roma Beauty and Wellness Centre was also searched, where police discovered “other items’’ in connection with the case.

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Maldives facing prospect of ‘pen and paper’ border control should Nexbis fall through

Maldivian border control faces an uncertain future and a potential reversion to a ‘pen and paper’ system, an informed immigration source has warned.

The warning follows the donation of a passenger information system by the Indian government, in a bid to strengthen the Maldives’ ability to monitor arrivals.

The new Advance Passenger Information System (APIS), which is designed to provide passport information and other details of incoming travellers before their arrival, was formally handed to Maldivian officials on Sunday (March 17) by outgoing Indian High Commissioner Dnyaneshwar Mulay.

The system has been in place at Ibrahim Nasir International Airport (INIA) for the last few months and is one of a number of components used by immigration officials.

According to the Indian High Commission, the system was requested by the previous government and installed by a special technical team to ensure it functions correctly.

The APIS technology is not however a direct replacement for the existing border control system, provided by Malaysia-based Nexbis, authorities in the country have said.

Nexbis is currently involved in legal wrangling over whether the country’s Anti-Corruption Commission (ACC) has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

The Nexbis border control system is still presently in use by immigration officials at INIA, after the Supreme Court issued an injunction halting the scrapping of the controversial system by parliament.

However, a source with knowledge of current immigration practices said no alternative border control system was available should the government terminate its concession agreement with Nexbis’.

“So far we don’t have any alternative to the [Nexbis] system going forward. We are using the system and waiting for the courts to decide. However, if the court decides [in favour of the ACC], we will need a new system in place,” the source told Minivan News. “Without [an alternative], the system would go haywire. A replacement would have to be found. We cannot go back to the 1970s and just use books and paper.”

The Indian APIS system will speed up the processing of arrivals through the immigration gates, as well as improve wider resources available to immigration officials, the source said.

APIS system is an internationally recognised means of collecting passenger data before an individual arrives at their destination, designed to allow immigration authorities to know if anyone on an incoming service is included on a watch-list or travel ban, authorities have said.

“Use of the system is mandatory for some countries, though not for the Maldives yet,” the source added. “Before they arrive, the system can identify if a passenger is on a watch-list and spot them. This process can be done much quicker now [by immigration officials].”

The data included within the APIS is provided by two of the world’s largest air authorities including the International Air Transport Association (IATA).

Although its use is mandatory for all services into Europe, the service is not at present required for all flight services to the Maldives, according to the source.

“Now we need a mandatory legal framework to make airlines coming into the country comply,” added the source. “There is a heavy charge for using this software, but I don’t think we have to pay at the moment as India has donated the technology.”

Despite legal wrangling over the future of the controversial border control agreement with Nexbis, the same source added that APIS would be compatible with any system used by authorities.

Immigration Controller Dr Mohamed Ali was not responding to calls from Minivan News at time of press.

Trafficking  concerns

While refuting allegations of any corruption or wrongdoing in being awarded a contract under the previous government to install and operate a border control system for the Maldives, Nexbis earlier this year said it would not rule out criminal involvement behind attempts to “sabotage” its contract with the government.

Immigration control has become a massive issue for the Maldives in recent years with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking for three years in a row.

Back in January this year, the Ministry of Foreign Affairs inaugurated an initiative targeted at raising awareness of human trafficking issues in the Maldives.

Despite these commitments, the Human Rights Commission of Maldives (HRCM) has accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking in recent years, preventing “real” change in controlling illegal migration.

Speaking back in February 2013, HRCM member Jeehan Mahmoud told Minivan News that despite attempts under the present government to try and introduce new legislation, the Maldives had made little progress towards improving the treatment and rights of foreign workers over the last four years.

Addressing the current scope of unregistered foreign labour, Maldives Association of Construction Industry (MACI) President Mohamed Ali Janah said an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he too could not rule out the involvement of organised crime within some of the country’s employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

Correction:  A previous version of this article incorrectly stated that the Supreme Court was set to rule on whether Nexbis’ agreement with the Maldivian government to install and operate a border control system was legal.  The court case is actually being held to decide on whether the ACC has the power to order a halt to the project.  Minivan News has corrected the error.

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Sri Lankan govt distances itself from minister’s “deportation” comments

The government of Sri Lanka has distanced itself from the comments of a Sri Lankan minister who called for the deportation of Maldivian asylum seekers.

On Friday (March 15), Minister of Technology, Research and Atomic Energy Patali Champika Ranawaka called on the Sri Lankan government to take action against Maldivians who are converging in areas in the country.

Sri Lanka’s Presidential Spokesperson Mohan Samaranayake told local media on Tuesday (March 19) that Minister Champika’s comments had been made in the minister’s own personal capacity, and did not reflect the views of the government.

The Presidential Spokesperson added that Maldivians living in the country did not pose a problem for the government and had yet to cause any difficulties.

Sri Lankan media reported last week that Champika had called for the government to carry out a census of all Maldivians living in the country and subsequently arrange for the deportation of those seeking asylum.

Speaking to Minivan News on Monday (March 18), Minister Champika attempted to clarify his previous comments, claiming that he was only referring to Maldivians living in Sri Lanka illegally.

“There are roughly 18,000 students studying in Sri Lanka and they pose no problem. However the guardians of the students then decide to come over too, their parents and brothers are now residing here.

“The problem is when these guardians start trying to permanently settle down within this country illegally,” Champika claimed.

According to Sri Lankan media, minister Champika alleged that “thousands” of Maldivians were seeking political protection within the country due to internal tension within the Maldives.

“Thousands of its citizens are now in areas such as Dehiwela, Ratmalana, Nugegoda, and they are seeking political protection and [it] would be a tremendous problem to Sri Lanka in the near future,” the Minister was quoted as saying by Sri Lankan-based publication the ‘Mirror’.

Despite the Minister’s comments, Maldives High Commissioner to Sri Lanka Hussain Shihab told local newspaper Haveeru that relations between the two countries were at an “all time high”.

Furthermore, Shihab claimed Sri Lanka was receiving large economic benefits from Maldivians living in the country, stating “[Sri] Lanka acknowledges the benefits they get from Maldivians.”

In regard to Minister Champika’s comments, the High Commissioner claimed that they could have been based on some “wrong” information, further stressing that the sentiment was not shared by the Sri Lankan government.

“If the Sri Lanka government was concerned, why would they ease the visa process for Maldivians? [Sri] Lanka has facilitated the visa of Maldivians coming here for medical treatment. So there is no policy to implement any restrictions on Maldivians,” he was quoted as saying.

Minister Champika’s comments were made in light of proliferation of Saudi ‘madrassas’ – religious teachers – who are accused of propagating extremist Islamic ideas in Sri Lanka.

The minister stated that there are roughly 700 madrassas currently teaching in religious schools in the country, and it had been established that the religious teachers had been connected to recent disputes within Sri Lanka.

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Criminal Court sentence drug lord to 25 years for trafficking cannabis

The Criminal Court has sentenced 43 year-old Ahmed Rasheed, of Always Happy House in Male’, to 25 years in prison after finding him guilty of trafficking cannabis into the Maldives.

Rasheed was arrested by police in May 2012 during a police effort to uncover a drug network operating in the Maldives.

The court said police arrested Rasheed on May 2, 2012, at 7:15 pm in an operation conducted following intelligence that Rasheed was in possession of drugs.

According to the Criminal Court, police located Rasheed inside a teashop called ‘Sai Hotaa’. When Rasheed saw the police officers, he pulled out a plastic can that contained illegal drugs and threw it away.

The Criminal Court said that an additional eight cans and a plastic bag containing illegal drugs were discovered inside a locker belonging to Rasheed.

The court said a total of 1152.51 grams of cannabis were discovered.

The Criminal Court has also fined Rasheed MVR 100,000 (US$6500) and ordered him to pay it within a month.

The Police Drug Enforcement Department (DED) busted the large drug network they allege revolved around a 56 year-old man working on the cargo vessel ‘MV Reina’ in May 2012.

The main suspect in the case was arrested when he arrived to the Maldives from Tuticorin in India.

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JSC again summoned to Parliament’s Oversight Committee

Parliament’s Independent Commissions Oversight Committee is to summon all members of the Judicial Service Commission (JSC) to attend the committee on Wednesday (March 20).

Members of the JSC are being summoned to face questions regarding the manner in which judges were appointed to the Hulhumale’ Magistrate Court bench.

Earlier this month, the JSC had informed Speaker of Parliament Abdulla Shahid that the commission would not be held answerable to the oversight committee.

Despite the JSC Chair and Supreme Court Judge Adam Mohamed declaring that the commission refused to discuss matters regarding the Hulhumale’ Court, individual members of the JSC later attended the committee meetings.

Oversight committee member and Maldivian Democratic Party (MDP) Spokesperson, Hamid Abdul Ghafoor, said that the committee had received a total of 18 documents and recorded minutes from the JSC regarding the formation of the Hulhumale’ Court bench.

Citing the minutes from the meeting, Hamid said that a magistrate from Hulhumale’ court had originally proposed a bench of judges to the JSC on September 2, 2012.

Two days later on September 4, Hamid claimed that the JSC had met “in a panic” and had sent a letter to the magistrate telling him to “hold everything, we will tell you what to do”.

“The JSC went into this meeting and propose their own bench because they want their own people. Between 12.30 and 4.30pm on September 4 the JSC had decided on a new bench. The magistrates suggested bench was never even discussed,” Hamid told Minivan News.

The oversight committee member alleged that in “just four hours” the JSC had proposed a new bench, written to the Supreme Court and the Judicial Administrator and had received a response, “They got through six acts of documentation in just four hours”, he added.

In regard to the JSC minutes, Hamid stated that on September 10, 2012, a judge from “different judicial administration” sent a letter to the JSC under the heading ‘Is the Hulhumale’ Court Legitimate?’

“Once again the JSC went into panic mode and hold another meeting. According to the minutes, they start posing questions like ‘does he have the right to use the letterhead to write such things?’ while another member states the JSC needs to take disciplinary action against the man,” Hamid claimed.

Various members of the JSC have criticised the formation of Hulhumale’ court during the committee meetings held earlier this month.

Vice Chair of the JSC, Criminal Court Judge Abdulla Didi told the oversight committee that he did not believe the JSC could establish a court through a vote.

Ealier this month, when asked directly whether he believed the court to be a legitimate entity, Didi answered: “I am not saying it is a legitimate court. Then again, nor am I saying it is illegitimate. All I can say is I don’t believe it will be liquidated.”

“I can’t really recall the law too well but the JSC certainly cannot form a court,” he added.

Meanwhile, Speaker of Parliament Abdulla Shahid, who is also a member of the Judicial Services Commission (JSC), told the committee he believed the judicial watchdog had acted unconstitutionally in assigning magistrates to a particular case.

“In deciding upon the bench, the JSC did follow its rules of procedures. As in, it was voted upon in an official meeting and six of the seven members in attendance voted on the matter. The seventh member being the Chair, does not vote in matters,” Shahid explained to the committee.

“However, whether it is within the commission’s mandate to appoint a panel of judges in this manner is an issue which raised doubt in the minds of more than one of my fellow members.”

Parliament’s Independent Commissions Oversight Committee is summon the JSC to be present at Wednesday’s meeting scheduled for 2.30pm.

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Civil society criticises Home Ministry for decision to dissolve 70 percent of NGOs

Additional reporting by Mohamed Naahii

The Ministry of Home Affairs is facing criticism for publically announcing the dissolution of nearly 1300 non-governmental organisations (NGOs) without notification or supportive mechanisms.

State Minister for Home Affairs Abdulla Mohamed announced Tuesday (March 18) that the ministry will dissolve approximately 1300 of 1843 nationally registered NGOs – 70 percent – because they failed to submit annual reports or elect executive committees, local media reported.

Mohamed said that only around 200 NGOs had submitted the required documents and are functioning in accordance with the law.

He added that the announcement was made to the media and published in the government gazette.

“We had to make this decision because for ages the tradition was to register as many NGOs as possible. There is no tradition to dissolve or abolish NGOs.

“On average, four to five NGOs are registered on a weekly basis. But NGOs do not function as they should. If that is happening then NGOs need to be dissolved,” stated Mohamed.

The Maldives NGO Federation told Minivan News they have received complaints from NGOs that they were not informed prior to Minister Mohamed making this public announcement via the media.

“The Home Ministry should have informed these organisations directly and given them an opportunity to resolve their issues within a certain time period,” stated NGO Federation Vice President Imad Mohamed.

“These island-based associations are not aware of what is happening, some do not have access to the media – internet or television. Additionally, some atoll and island councils did not inform NGOs based on the islands.

“I am not able to comment on legal issues at the moment, but any NGO should be dissolved according to the law and due process should be followed. We will discuss this issue with the Registrar and will voice the NGOs’ concerns,” Imad added.

The need for clearer government regulations to protect NGOs from state interference was emphasised in the Comprehensive Study of the Maldivian Civil Society report, issued by the United Nations Development Programme (UNDP) in 2011.

The report highlighted the need to “introduce clear procedures specified for the state’s investigation of alleged or suspected cases of illicit or unconstitutional activity and for the de-registration of a civil society organisation (CSO)”.

It also discussed the need to develop clear standards for annual reports and timely (positive and negative) feedback to help improve the quality of reporting.

Key recommendations were to clarify “the powers, responsibilities and the limits of power of the Registrar of Associations [currently the State Minister for Home Affairs], and ensure the post is not politically appointed”.

“[Also] ensure that any allegations against CSOs of unconstitutional or illicit activities by any agency of the state require evidence and are not based on arbitrary state decisions.

“Moreover, the process should follow those of a fair hearing. The [Associations] Act should specify the protections for CSOs from exercise of arbitrary state power,” the report reads.

The Associations Act of 2003 is the current regulatory framework for associations in the Maldives. It states that either two years or repeated faults – including anti-Islamic actions or conducting political activities – are grounds for dissolution by the Registrar of Associations.

However, de-registration can only by conducted “after giving a period to settle debts and properties of the association”.

Civil society politicised

Mohamed also stated that some island council’s complained that actions – political work – by certain NGOs have caused chaos in society.

Imad explained that island-based NGOs are often politically labelled by the island councils who feel their power is threatened, because these organisations often focus on awareness and advocacy activities, as well as fill critical service gaps to meet community needs.

“NGOs play a different role in society, they promote democracy, human rights and good governance. Island councils feel that these NGOs are against them.

“Some island councils are not able to meet the expectations of the public, so NGOs are meeting these needs instead. This creates a conflict,” said Imad.

Imad emphasised that most of the NGOs facing dissolution are objective, island-based and not conducting political activities, however they are in need of capacity building.

Often island-based NGOs are run by all volunteer members who work full time, have extensive family obligations, and may engage in political activities separate from their community development work. However, the distinctions between public, private, and family life are frequently overlooked.

“It is true that some organisations do get involved in political activities and this is a current challenge for the sector to overcome. Additionally, there are inactive NGOs registered for various purposes,” stated Imad.

“However there are also quite active NGOs, but they are not good with internal management.

“The Home Ministry is only regulating and dealing with registration, they are not fulfilling a facilitation role to assist these organizations. The Home Ministry should be playing a facilitation role as well,” he added.

The UNDP study also recognised the challenges NGOs face at the island level.

“CSOs need to be made aware of their role not only as partners of local government but also of their watchdog functions in ensuring that the government is held accountable for the governance of their administrative areas,” reads the report.

Funding shortages

Mohamed said the government budgeted 10 million Maldivian rufiyaa (MVR) for dispersal “depending on the proposals it receives from NGOs to carry on its projects”.

“When we look to support NGOs with financial assistance, we don’t have the funds to give to 1843 NGOs. We face a lot of challenges following that,” Mohamed explained.

“The ministry needs criteria for disbursing funds, then I can discuss this issue,” Imad responded.

The UNDP study found that “ NGOs are not active mainly due to a lack of managerial and project implementation capacity, as well as a lack of legal framework and availability of funds”.

A larger number of NGOs are based in the atoll islands and tend to be “more responsive to a community’s broader and changing set of needs”.

Whereas, Male’ based NGOs are issue specific and have more readily available access to resources.

“The efforts of CSOs to raise their own funds through membership fees and other efforts should be commended,” reads the report.

The Ministry of Home Affairs was not responding to calls at time of press.

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MDP demands Supreme Court bench be replaced, inclusion of educated foreign judges

The Maldivian Democratic Party (MDP)’s National Council has passed a motion calling on its parliamentary group to seek to abolish the existing Supreme Court bench and replace it with a new panel of judges, including foreign judges.

The call was made following the Supreme Court’s controversial rulings on Thursday overturning decisions made by parliament.

The Supreme Court had overturned parliament’s removal of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan on sexual harassment charges, and a decision to conduct no-confidence votes through secret ballot.

During an emergency national council meeting held on Sunday evening, the proposal by MDP national council member Mohamed ‘Sanco’ Shareef received unanimous support from all attending members, including former President Mohamed Nasheed.

“The Supreme Court is acting in such a fashion that it has now begun overtaking the powers of the parliament and in the process undermining the constitution of this country. [Therefore] this motion calls on MDP’s parliamentary group to make formal requests to parliament to immediately abolish the current bench of Supreme Court and establish a new bench that consists of honest judges.

“Also as the Maldives Constitution does not bar the Supreme Court having foreign judges, [this motion also calls] to seek qualified and educated judges from abroad,” read the motion (Dhivehi).

During the debate on the motion, MDP’s Parliamentary Group and Parliament’s Majority Leader Ibrahim Mohamed Solih described the day of the verdicts as the darkest day of Maldives’ 80 year long parliamentary history.

Solih said the Supreme Court had significantly undermined the legislative power of the state by openly challenging parliament’s power to decide on its own affairs and the bills passed by the parliament.

The Hinnavaru Constituency MP assured the council that the party’s parliamentary group under his leadership would do everything at its hand to ensure the dissolution of the existing Supreme Court bench.

“Shocking verdicts”

Speaking during the debate, former President Mohamed Nasheed expressed his support for the motion claiming that it was time to change the Supreme Court bench, as it was delivering “shocking” verdicts.

Nasheed recalled several controversial decisions made by the Supreme Court, such as its decision that eight of former President Gayoom’s political appointees be paid MVR 500,000 (US$32,425) each in compensation after Nasheed replaced them.

The Supreme Court also ruled in favour of the legitimacy of Hulhumale Magistrate Court, created by the Judicial Services Commission (JSC), after the JSC’s head – Supreme Court Judge Adam Mohamed – made the casting vote.

“It is more important that we have justice established in this country rather than myself being elected as the President. To reform the judiciary and bring the justice system of this country into the right course is something I must do,” he said.

“We will come out to the streets, we will protest. I will not take a single step back until the bench is replaced with better judges,” Nasheed vowed.

Nasheed claimed that Supreme Court had attempted to silence lawyers, by forcing them to sign a declaration which requires them to not to comment on court rulings if they want to keep their licenses to practice law.

The former President also alleged the Supreme Court was employing deceitful tactics by tempering its own verdicts before these were being made available to public.

“We know how they issue the verdict and we know how different it is on the paper to that which is made available to the public. The two versions of the verdict differ significantly. This is something I am very concerned about,” he said.

Nasheed – who has written books on the country’s history – said that Maldives had followed a “tradition” in which “the people come out to sort the problems within the court when judges go out of line in sentencing”.

Spokespersons for the government-aligned Progressive Party of Maldives (PPM) and Dhivehi Rayyithunge Party (DRP) were not responding to calls at time of press.

Controversial rulings

On Thursday, the Supreme Court ruled 6-1 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy). Following the judgment, Fahmy would be reinstated and compensated for lost wages since December 2012.

Delivering the judgment, Supreme Court Justice Abdulla Saeed said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

Fahmy was alleged to have to have said to a female CSC employee that “it is not appealing when unmarried girls like you get fat”, whilst touching her on the stomach.

In November last year, parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On Thursday in its ruling on the secret ballot, the majority of the judges contended that the move contravened article 85 of the constitution as well as parliamentary principles and norms of free and democratic societies.

Article 85 stipulates that meetings of the Parliament and its committees must be open to the public.

Dissenting opinion

Meanwhile, Justice Ahmed Muthasim Adnan – the only Supreme Court justice with a background in common law – issued dissenting opinions in both cases.

On the constitutionality of the secret ballot, Justice Adnan noted that article 101(f) of the constitution states that “the regulations governing the functioning of the People’s Majlis shall specify the principles and procedures concerning a resolution to remove the President or Vice President from office as provided in this Constitution.”

Unless a clause added to the regulation was explicitly in violation of the constitution, Justice Adnan said that he believed it “could not be challenged in any court in the Maldives.”

He further noted that while article 85 of the constitution requires parliamentary proceedings to be open to the public, 85(b) states that a majority of MPs present and voting could decide to exclude the public or press “if there is a compelling need to do so in the interest of public order or national security.”

Moreover, article 85(c) states, “Article (b) does not prevent the People’s Majlis from specifying additional reasons for excluding the public from all or any part of a committee meeting of the People’s Majlis.”

He added that the secret ballot would be taken at a sitting open to the public.

In the case submitted by Fahmy contesting his dismissal, Justice Adnan’s dissenting opinion noted that article 187(a) of the constitution authorised parliament to remove members of the CSC “on the ground of misconduct, incapacity or incompetence.”

Article 187(b) meanwhile states, “a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office, such member shall be deemed removed from office.”

Justice Adnan argued that an inquiry by a parliamentary committee into alleged misconduct would not be a criminal investigation. Therefore, he added, the oversight committee would not be required to prove guilt to the extent required at trial before making a decision.

He further noted that parliament’s dismissal under the authority of article 187 and a possible conviction at a late date could not be considered meting out two punishments for the same offence.

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