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Civil Court condemns move to dismiss Chief Justice Faiz and Justice Adnan

The seven-member Civil Court and several prominent lawyers have condemned the judicial watchdog Judicial Service’s Commission’s (JSC) recommendation to remove Chief Justice Ahmed Faiz and Justice Muthasim Adnan from the Supreme Court bench.

In a resolution passed last night, the Civil Court said the People’s Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the Supreme Court bench without due process, through an “unconstitutional” amendment to the Judicature Act.

The amendment, passed on Wednesday and ratified on Thursday, reduced the seven-member Supreme Court bench to five judges.

It also mandated the JSC to deem two judges guilty of gross misconduct and gross incompetence and recommend their dismissal within three days.

The People’s Majlis is currently holding an extraordinary sitting to vote on the recommendation.

The Civil Court Chief Judge Ali Rasheed Hussein, and Judges Aisha Shujoon, Jameel Moosa, Hathif Hilmy, Mariyam Nihayath, Huseein Mazeed, and Farhad Rasheed said the move was against principles of natural justice and several international conventions, and could “destroy judicial independence” in the Maldives.

“We believe we are obliged to comment on the issue for the sake of the democratic and judicial history of the Maldives, and we believe keeping silent at this juncture amounts to negligence” the bench said.

The People’s Majlis had failed to provide the JSC with any instructions on recommending judges for dismissal, the Civil Court claimed.

The Civil Court noted the United States of America in 1886 had voted to reduce their ten-member Supreme Court to seven, by deciding the state would not appoint new members to the bench when a judge’s seat became vacant.

Meanwhile, President Abdulla Yameen’s nephews, lawyers Shaheen Hameed and Maumoon Hameed, have spoken out against the ruling Progressive Party of the Maldives’ (PPM) attempt to dismiss the two judges.

Shaheen told CNM that the JSC had failed to provide Faiz and Muthasim to defend themselves against charges of misconduct and negligence.

“[The JSC] have said it is alright to dismiss these first two judges by flouting all procedures, but that due process must be followed in dismissing other judges. This is gross violation of equality before the law,” he said.

The ruling party’s “unacceptable” attempt to dismiss Faiz and Justice is the epitome of injustice, and appears to demonstrate that the Supreme Court “is a coat tailored for a specific individual,” Maumoon has said on his Facebook status.

The JSC’s sudden ruling, without an investigation and without any evidence within hours of the amendment’s ratification shows it was a pre-decided conclusion, Maumoon contended.

He also questioned why the JSC had found Supreme Court Judge Ali Hameed, implicated in a series of sex tapes with three foreign women, fit for the bench.

Lawyer and Jumhooree Party MP Ali Hussein in an interview with Haveeru called the attempt at dismissals an “atrocity.” Criminals are guaranteed a fair trial, but the two judges’ right to speak in their defense had been violated, he said.

“The two were appointed because they are capable. If there has been no changes, it is an issue if they are judged incapable because of an amendment to the law. This means those who hold a majority in the JSC can get rid of judges they do not like, not because they are incapable,” he said.

MPs have not yet been given details of the JSC ruling. Speaking to Minivan News on Thursday, JSC Secretary General Abu Bakr said the commission had decided to keep proceedings confidential until a Majlis vote.

The Maldivian Democratic Party (MDP) has said it will vote against the amendment. The Jumhooree Party (JP) has not yet taken an official stand while Adhaalath Party Anara Naeem said she will wait on details of the JSC verdict before she takes a stand.

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Concessionary travel for Maldivian civil servants on way, reports Times of India

Maldivian civil servants are likely to be given concessionary travel status by India, reports the Times of India.

The Indian government is said to be considering granting leave travel concession (LTC) for government employees to Nepal, Bhutan, Sri Lanka, and the Maldives in order boost tourism.

Sources in India’s tourism ministry told the Times that 200,000 civil servants in the region could benefit from the arrangement.

“But there will have to be some reciprocal arrangement. We are working on that,” the paper quoted ministry sources as saying – adding that neighbouring governments had been contacted.

The theme of the Kathmandu Declaration – signed at the conclusion of last month’s SAARC summit in Nepal – was ‘Deeper Integration for Peace and Prosperity’.

“It is still harder to travel within our region than to Bangkok or Singapore, and more expensive to speak to each other,” Indian Prime Minister Narendra Modi is reported to have told neighbouring heads of state during the summit.

The Times noted that travel between the Maldives and India had dropped by 10% between 2012 and 2013.

Indian visa regulations were tightened just weeks after the premature termination of a US$500 million airport development deal with Indian infrastructure giant GMR in late 2012. Indian authorities at the time claimed the decision to have been intended to draw attention to the Maldives’ treatment of expatriate workers.

Shortly after President Abdulla Yameen’s trip to Indian in January, the Indian High Commission in Malé announced that all restrictions had been lifted – with High Commissioner Rajeev Shahare noting that the Maldives now enjoyed visa privileges afforded to no other country.

Source: Times of India

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Majlis to vote on Chief Justice Faiz, Justice Muthasim dismissal on Sunday

The People’s Majlis is set to vote on the dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan at an extraordinary sitting on Sunday.

The opposition Maldivian Democratic Party (MDP) has called for protests against the vote and issued a three-line-whip calling on its 23 MPs to be present for the vote.

The MDP has declared the Judicature Act amendment reducing the seven-member Supreme Court bench “unconstitutional” and announced it will challenge the move at the Supreme Court.

Faiz and Muthasim’s dismissal appear likely as ruling Progressive Party of the Maldives (PPM) and coalition partner Maldives Development Alliance (MDA) control 48 seats of the 85-member house.

Parties opposed to the move, the MDP and Jumhooree Party (JP) control 23 and 12 seats respectively.

Judges can be voted out by a two-third majority of MPs present and voting. Faiz and Muthasim have formed the dissenting opinion in several controversial cases, including the Supreme Court’s decision to annul the first round of presidential polls held in September 2013.

MDP divided

MDP chairperson Ali Waheed on Thursday called on the JP to stop “the attempt to bury democracy in the Maldives.”

Meanwhile, opposition leader and former President Mohamed Nasheed in a tweet today said the biggest threat to the Maldivian nation is MPs who accept bribes.

Reliable sources have told Minivan News opposition MPs are being offered MVR2.5 million (US$162,000) each to be absent from the Majlis during the vote.

MDP MP and deputy Speaker Reeko Moosa Manik has said he will abstain from any vote on the Supreme Court bench reduction.

“I do not believe we have to come out in defense of the Chief Justice,” Moosa told newspaper Haveeru on Friday.

Pointing to the apex court’s stripping of three MDP MPs of their seats in the previous Majlis, the decision to annul the first round of presidential polls, and Faiz’s silence on Nasheed’s ouster in February 2012, Moosa said the Supreme Court had caused a lot of damage to MDP.

He had voted for the Judicature Act amendment against a three-whip line, claiming the move would facilitate judicial reform. Moosa has also announced he will contest the MDP primaries for the 2018 presidential polls, and has since accused Nasheed of excessive influence within the party.

MDP MPs Yamin Rasheed, Abdul Bari Abdulla, and Ibrahim Naseer are reportedly out of the country at present.

The MDP’s ‘In Defense of Democracy’ protest is to start at 9:00 am outside the People’s Majlis.

Dissent within PPM?

PPM MP for Kulhudhuffushi Mohamed Nasheed had abstained from the vote on the amendment on Wednesday. Haveeru has since reported of dissent within the PPM regarding the decision to reduce the Supreme Court bench.

When some PPM MPs spoke out against the amendment before it was put to vote, PPM Deputy Leader and Tourism Minister Ahmed Adeeb warned MPs that votes against the amendment would be seen as failure to support the government, Haveeru said.

Adeeb reportedly refused to answer why the government was seeking to reduce the bench.

Nasheed and Malé MP Ahmed Mahloof voted against a three-line whip on the amendment, an anonymous PPM MP told Haveeru.

PPM Parliamentary Group Leader Ahmed Nihan has said “there is no harm” in reducing the Supreme Court bench and described the move as a door to judicial reform.

Speaking to Haveeru, Nihan said: “The constitution does not explicitly state the number of judges on the Supreme Court bench. It doesn’t say whether it’s 13 or seven. There is no legal barrier to reducing the Supreme Court bench.”

The PPM and MDA had pushed the amendment through with 46 votes on Wednesday.

Within hours of its ratification on Thursday, the judicial watchdog Judicial Services Commission (JSC) recommended Faiz and Muthasim’s dismissal.

Article 154 of the Constitution says a judge can only be dismissed if the JSC finds the judge guilty of gross misconduct and incompetence and if a two-third majority of MPs present and voting votes out the judge.

The JSC has declined to reveal any details of Thursday’s meeting, claiming members had decided to keep proceedings confidential until the Majlis vote.

Nihan said he could not challenge the JSC’s decision to dismiss the judges.

“When they say these are the two judges who should be dismissed based on their standards, then we will have to go ahead with it,” he said.

He also expressed surprise at MDP’s opposition to the move, claiming former President Nasheed had called Chief Justice Faiz a liar.

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Water distribution to stop as Malé water crisis nears end

Distribution of free water will stop today in the capital Malé, says the Maldives National Defence Force (MNDF), as the water crisis nears an end.

After a fire in the Malé Water and Sewerage Company (MWSC) on December 4 left the capital’s 130,000 inhabitants without running water, 24 hour service was resumed to homes yesterday.

An MNDF spokesman confirmed to Minivan News today that the mobile units had ceased operation, and that distribution of bottled water from 10 designated points in the city would stop today.

The Maldives Red Crescent – which has played a key role in relief efforts – has also confirmed that its operations have shut down.

“We have closed down our operations centre as things are more or less back to normal,” explained Senior Programme Officer Fathimath Himya.

Minister of Defence Colonel (retired) Mohamed Nazim – who leads the president’s water crisis task force – told the media on Thursday night that full services would be resumed for three days in order to test the repairs.

“The water treatment plant is functioning on a temporary setup,” Haveeru reported Nazim as saying. “But we must ask you to not stress the water supply and manage by making some adjustments”.

Custom built panel boards arrive in the Maldives from Singapore on Wednesday via a Sri Lankan Air Force flight.

Sri Lanka has been among a number of international donors who have provided bottled water and desalination facilities over the past 8 days – most notably India which was first to respond, sending military aircraft with fresh supplies within 24 hours of the fire.

The Bangladeshi naval ship Samudra Joy became the third vessel to arrive in Malé on Thursday (December 11), joining the Indian and Chinese ships already docked near Malé’s main port.

While Nazim had announced on Wednesday (December 10) that free water would no longer be distribute as stocks returned to local shops, long lines continued to be seen around the capital on Friday evening.

The crisis has raised questions regarding the city’s preparedness for such an instance, although President Abdulla Yameen has described the situation as unforeseeable.

During the crisis, Yameen’s task force revealed it was to seeking US$20million in donations to the ‘Malé water crisis management fund’.

After the opposition and civil society groups expressed concerns over the lack of detail regarding the fund, Nazim explained on Wednesday that it would cover the uninsured costs of relief efforts as well as the construction of the 20,000 ton water reserve.

The President’s Office explained earlier this week that MWSC plants produce 20,000 tonnes of water per day at full capacity, while the population of Malé consumed around 14,000 tonnes per day.

The government has revealed that private donors have contributed US$5.5million to the fund so far, pledging to disclose full details of fund. China is reported to have donated to the fund, as well as private donors from Saudi Arabia and from within the Maldives.

Both the UN in Maldives and the Human Rights Commission of Maldives have commended the government’s response to the situation, though the opposition has called for a full inquiry into the causes of the crisis.

Related to this story

Government scales down water relief effort

UN Maldives commends government’s response in water crisis, opposition condemns

No fall back for disaster of this magnitude: President Yameen

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“We do not want to be in Paris to get perished,” Maldives ambassador tells climate change convention

The Maldives has urged the world to take reach a strong and legally binding climate change agreement at the 2015 United Nations Climate Change Conference.

Speaking at the plenary meeting of the 20th Conference of the Parties to United Nations Framework Convention on Climate Change (UNFCCC) in Lima Ambassador Ahmed Sareer emphasised on the need for a negotiated text in order to arrive at a strong agreement in Paris in 2015.

“We do not want to be in Paris to get perished,” said Sareer.

The Maldives mission to the United Nations reports that Sareer told the meeting that the Maldives, as a small, low-lying island state, is among the most vulnerable and least defensible countries to the projected impacts of climate change.

Touching on the ongoing water crisis in Malé, Sareer said that the situation “is a stark example of the vulnerability of small island developing states like the Maldives that has no natural fresh water sources”.

A fire in the capital’s only desalination plant left 130,000 people without running water last week, requiring international relief efforts to deal with the crisis.

Unusual in the crowded capital, water shortages have become commonplace in the country’s outer atolls – a combination of periods of drought and groundwater contaminated by the 2004 tsunami.

Noting the recent pledges to the Green Climate Fund – intended to raise $100 billion a year by 2020 – Sareer said: “as a small island developing state that is constantly facing an existential threat, the current pledges are simply not enough”.

The Maldives has recently become chair of the Alliance of Small Island States (AOSIS), while former President Maumoon Abdul Gayoom calling on larger nations to allow vulnerable states to take a lead in climate change policy.

Ambassador Sareer said that the Maldives’ share of global emission is negligible, and that the government of Maldives was striving to make the country resilient.

Former President Nasheed – who gained international acclaim for his efforts at the 2009 climate change conference – recently told the International Bar Association (IBA) that he feared Maldivians could become the world’s first climate change refugees.

“When I was elected president, I caused some controversy by saying we would someday have to leave our islands. I was hopeful then that we would be able to change the way our story ends. But I fear it is too late now for the Maldives,” he told the IBA’s showcase session on climate change and human rights.

The 2015 United Nations Climate Change Conference – or COP21 – will be held in Paris between November 30 and December 11 next year.

The COP21 organising committee has said that: “By the end of the meeting, for the first time in over 20 years of UN negotiations, all the nations of the world, including the biggest emitters of greenhouse gases, will be bound by a universal agreement on climate.”

Related to this story

Maldivians could be among first climate refugees, warns Nasheed

Maldives world’s most vulnerable country to climate-change related impacts on food security

Maldives’ economy hardest hit by climate change: Asian Development Bank

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JSC recommends dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan

The Judicial Services Commission has today recommended Chief Justice Ahmed Faiz and Justice Musthasim Adnan be dismissed from the Supreme Court bench.

The decision comes within hours of President Abdulla Yameen ratifying an amendment to reduce the seven-member Supreme Court to five judges.

According to local media, several members of the judicial watchdog body boycotted today’s extraordinary meeting, claiming the amendment was unconstitutional.

JSC Secretary General Abu Bakr refused to provide details of today’s meeting stating the commission had decided to keep proceedings confidential until the Majlis reaches a decision.

According to the revised Judicature Act, the JSC must deem two of the seven judges unsuitable for the position within three days and the parliament must vote out the judges with a two-thirds majority of members present and voting within seven days. Dismissed judges will be provided a generous compensation package.

Article 154 of the Constitution says a judge can only be removed if the JSC finds a judge guilty of gross incompetence or misconduct.

Dismissal of the judges appear likely as the ruling Progressive Party of the Maldives (PPM) and coalition partner Maldives Development Alliance (MDA) control 48 seats of the 85-member house.

The opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP), who opposed the amendment, only control 23 and 12 seats respectively.

The amendment was proposed by MDP MP Ibrahim ‘Mavota’ Shareef, but the MDP issued a three line whip against the proposal with opposition leader and former President Mohamed Nasheed saying it would allow President Yameen to stack the Supreme Court bench in his favor.

JP Leader Gasim Ibrahim on December 2 called the amendment unconstitutional and an “atrocity.” He said the amendment will allow the executive and Majlis to change the Supreme Court bench at their whim.

Faiz and Adnan have formed the dissenting opinions in several controversial cases, including the decision to annul the first round of presidential elections held in September 2013.

Since then, the Supreme Court has been involved in numerous controversies both in and out of the court room.

Earlier this year, the Supreme Court used a ‘suo moto’ proceeding – allowing the Court to act as both the plaintiff and the judge – against the Elections Comission (EC).

EC president Fuwad Thowfeek and Vice President Ahmed Fayaz were subsequently charged with contempt of court and disobedience to order, being sentenced to six months in jail after the court used testimony given in the People’s Majlis independent commission’s oversight committee.

More recently, the court employed a similar ‘suo moto’ proceeding against the Human Rights Commission of the Maldives (HRCM) after it criticised the judiciary in its Universal Periodic Review (UPR) for the UN Human Rights Council.

The court charged the HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary. It said that the UPR submission– based on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul – was “poorly researched”, “irresponsible” and “dangerous”.

June this year also saw Judge Ali Hameed – a sitting judge at the Supreme Court – cleared of a sex tape scandal after three recordings surfaced allegedly showing Ali Hameed engaging in sexual acts with three different woman.

The revised Judicature Act also propose the establishment of two additional branches of the High Court in the northern and southern regions of the Maldives.

The two new branches can only adjudicate the rulings of the magistrate courts. The nine-member High Court is to be divided among the three branches with three judges in each branch.

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Parliament reduces Supreme Court bench to five judges

The People’s Majlis has today amended the Judicature Act to reduce the seven-member Supreme Court bench to five judges.

The amendment proposed by opposition Maldivian Democratic Party (MDP) MP Ibrahim ‘Mavota’ Shareef passed with backing from the ruling Progressive Party of the Maldives (PPM) and its ally Maldives Development Alliance (MDA).

46 MPs voted in favor and 19 MPs voted against the amendment.

The MDP had issued a three-line whip against the proposal with opposition leader and former President Mohamed Nasheed claiming the amendment would allow President Abdulla Yameen to stack the bench in his favor.

Shareef himself voted against the amendment.

MDP MP ‘Reeko’ Moosa Manik – who has announced intentions to contest in the MDP’s 2018 presidential primary – voted for the amendment.

He previously described the formation of the current Supreme Court bench as a “shameful” political bargain between the MDP and then–opposition parties in 2010.

According to the amended Judicature Act, a Supreme Court judge can only be dismissed if the judicial watchdog body, the Judicial Services Commission (JSC), decides they are unsuitable for the position.

The JSC must then submit names of the judges to be dismissed within three days of the amendment’s enforcement.

Judges can only be dismissed by a two-third-majority vote of the Majlis. The amendment gives the Majlis a period of seven days to dismiss the judges. Judges who fail the vote will remain on the bench.

The PPM and MDA control a combined 48 seats in the 85-member house.

Three judges sit on the ten-member JSC. They are Supreme Court Judge Adam Mohamed, High Court Judge Abdulla Hameed and Superior Court Judge Mohamed Easa Fulhu.

The amendments also propose the establishment of two additional branches of the High Court in the northern and southern regions of the Maldives.

The two new branches can only adjudicate the rulings of the magistrate courts. The nine-member High Court is to be divided among the three branches with three judges in each branch.

The Supreme Court has recently been involved in numerous controversies both in and out of the court room.

Earlier this year, the Supreme Court used a ‘suo moto’ proceeding – allowing the Court to act as both the plaintiff and the judge – against the Elections Comission (EC).

Knaul’s report had detailed the pressing need for judicial reform, noting that the five-member transitional Supreme Court had been replaced by a seven-member permanent bench in 2010 with “no legal or constitutional basis”.

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20-year-old male arrested in Mafaz murder

A 20-year-old man has been arrested over the brutal murder of Masodi gang member Ahmed Mafaz on December 7.

According to the Maldives Police Services, the man was arrested from Henveiru Bluebird in Malé under a court warrant at 3:35pm on December 9. The police also confiscated several items from the house.

Local media have identified the man to be Mohamed Midhath. He is the only individual arrested over the murder.

Mafaz, also known as ‘Masodi Mafa’, was stabbed to death at approximately 1:45am near the Alora furniture shop in Malé on December 7.

According to eyewitness reports, two men stabbed and beat up Mafaz while another group of men wielding machetes and other sharp weapons vandalised a building belonging to the Masodi gang and threatened to kill everyone inside.

The police said Mafaz died at ADK hospital while being given emergency treatment for numerous stab wounds, including fatal cuts in his neck and shoulders.

The stabbing was reported to the police at 1:45pm. Police took Mafaz to the hospital after stopping a taxi on the street.

The police on Tuesday also arrested a 16-year-old male over the fatal stabbing of 19-year-old Mohamed Aseel on August 23 and a further three men over gang violence near Billabong International School on November 16.

Aseel and two men, aged 20 and 13 years, were attacked near Iskandhar School in the Machangolhi ward of Malé.

Eyewitnesses said a group of masked men stabbed the two men in the back and struck the minor on the head before fleeing on motorbikes.

Aseel died on August 29 at the Indhira Gandhi Memorial Hospital. Doctors reportedly amputated his right leg in an attempt to save his life. He was stabbed six times. The other two did not suffer critical injuries.

The police had previously arrested six men and a minor over the stabbing. All remain in police custody.

The November 16 incident saw a group of men wielding machetes enter Billabong International High School following violence in front of the school. An 18-year-old was arrested from the scene.

Three men were arrested in relation to this incident at 4pm on Tuesday (December 9). They were caught hiding in a house called Aabaaru on Villimalé. They are Shaiban Zufrath, 18 years, of Malé Rosendale, Ulyan Ahmed, 19 years, of Dhambufashuvige of Gaaf Dhaal Gahdhoo Island, and Fassan Waleed, 19 years of Fahudhawadhee in Gaaf Alif Dhaandhoo Island.

Mafaz’s death marks the fifth murder this year.

The ruling Progressive Party of Maldives has submitted amendments to the law prohibiting possession of dangerous weapons – a move which some civil society groups say violates constitutional rights such as the right to remain silent and to retain legal counsel.

The amendment bill states that suspects arrested for assault with sharp objects or dangerous weapons will not be able to exercise the right to remain silent “to any extent”.

Police could also question the suspect if he or she is either unable to have an attorney present within six hours, or waives the right to retain legal counsel.

Moreover, the suspect could only consult a lawyer in the presence of a police officer for the first 96 hours after the arrest.

A joint statement by Maldivian Democracy Network and Commonwealth Human Rights Initiative urged the parliament to withhold from passing the amendments saying that it would “absolutely violate rather than limit fundamental rights of the people”.

Police media yesterday reported that a number of swords were discovered hidden under a car in the Henveiru ward of the capital in the early hours of Tuesday morning.

Head of Central Operations Command Ismail Naveen stated that the police have been working to curb the assaults in Malé by carrying out searches of suspicious individuals and inspecting suspicious locations.

Related to this story

28-year-old man stabbed to death in gang-related violence

Gang assault with machete in Billabong high school

MPs debate restricting constitutional rights after arrest

Yameen pledges to end violent crime at ‘Successful 365 Days’ rally

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Two tourists injured in Huraa Jet Ski accident

Two tourists have been hospitalized following injuries in a Jet Ski accident in Kaafu Atoll Huraa Island.

According to the Maldives Police Services, a Danish woman, 20 years old, and a Danish man, 21 years old, are being treated at Malé’s ADK hospital.

The two were riding two separate Jet Skis side by side and collided when one of the Jet Skis speeded up and attempted to turn around.

The case is under investigation, the police said.

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