Tag: maldives

Comment: Citizen sheep

A Maldivian chronicler once recounted an anecdote of the late Prince Hassan Farid Didi who remarked back in the 1930’s that granting democracy to Maldivians is like giving a handkerchief to a monkey. “The monkey doesn’t know what a handkerchief is used for and soon it will wipe its bottom with it,” the Prince reportedly said.

A lot of Maldivians take offense at being compared to primates, but the past few weeks of political volatility has definitely called into question the country’s ability to shoulder the responsibilities of being a democracy.

The current crisis was sparked after the armed forces were commanded to forcibly detain Chief Judge Abdulla Mohamed of the Criminal Court, after he ordered the release of two opposition leaders who were being prosecuted for “hate speech”.

The DQP leaders, Dr Jameel and “Sandhaanu” Ahmed Didi, had publicly accused the government of coming under the influence of Jews and Christian missionaries “to destroy Islam”. Religious hyperbole is frequently used for political slander in the Maldives – an unfortunate outcome of the country’s failure to adopt a secular constitution in 2008.

The military detention of the judge has led to a series of increasingly violent, opposition-led street protests in Male’ for the past 10 days. Protesters have allegedly attacked journalists, uprooted trees, damaged public property and vandalised a Minister’s house.

Meanwhile, the Supreme Court, High Court, the Opposition parties, the SAARC Secretary General and the Vice President have all spoken out against the detention calling it unconstitutional. Even the Prosecutor General has declared the detention unlawful.

This wouldn’t be the first time President Nasheed has exercised his uncanny willingness to shake things up.

In August 2010, he commanded the armed forces to lock down the Supreme Court after the Interim Supreme Court bench boldly decided to declare itself permanent. Following the siege, the major political parties managed to do some quick backroom negotiations to appoint a new panel of judges.

While the President’s latest salvo has successfully brought into the mainstream public conscious, for the first time, the long ignored issue of the runaway judiciary, it does raise concerns about the Executive setting unwelcome precedents for the future.

Runaway Judiciary

Aishath Velezinee, the former Judicial Services Commission whistle-blower, has publicly alleged that there is a collusion between senior opposition parliamentarians and the judiciary, which exercises undue influence over the JSC.

The JSC, which is supposed to be the independent watchdog of the judiciary, is itself dominated by judges and opposition allied politicians – and its record thus far is less befitting a watchdog, and more indicative of a lap dog.

Velezinee alleges that this is tantamount to a ‘silent coup’, where the judiciary is hijacked by a nexus of corrupt judges and opposition leaders, and the courts are used as an instrument to protect members of the old establishment that was overthrown during the democratic uprising.

The Criminal Court

The charges against Judge Abdulla Mohamed are extremely serious – ranging from corruption, to obstruction of police duties, to questionable judgments and poor professional conduct.

In February 2010, the judge ordered the release of a murder suspect – who would then stab another man to death within the next month.

The judge has in the past demanded that an underage sexual abuse victim re-enact her abuse in the public courtroom. These allegations were first reported in 2005 by then Attorney General Dr Hassan Saeed, whose political party is now among those leading the charge to release him.

The police have in the past accused the judge of delaying search warrants by several days, allowing major drug traffickers to get away. The Home Minister accuses him ordering the release of suspected criminals “without a single hearing”. He also stands accused of arbitrarily dismissing court officials.

It does not help allegations that the courts are in bed with tainted politicians when the same Criminal Court Judge also bars the media from covering corruption proceedings against opposition-allied Deputy Speaker Nazim.

A February 2011 report released by the International Commission of Jurists (ICJ) also highlighted the failure of the politicised courts to be impartial in providing justice.

The Rule of Law

While there are obviously dark clouds looming over Judge Abdulla Mohamed’s record, and the state of the judiciary is less than acceptable, does this automatically excuse the executive’s decision to forcibly detain the judge on a whim?

The unilateral actions of the very first democratically elected executive sets a rather poor precedent.

Will it be the case in the future that any elected President can arbitrarily command the armed forces to detain errant officials or citizens without the any court approval, or warrant or legal backing?

Will all future presidents be similarly entrusted to be the ultimate judge of when the Rule of Law can be subverted – if they feel it is in the larger interests of society? Will their judgements always be enforced through the brute force of the military?

The ruling party and the President’s apologists offer the explanation that given the nature of the allegations against Chief Judge Abdulla Mohamed, and the cartel-like behaviour of the judiciary, drastic action needed to be taken to ensure justice.

Yes, drastic action was indeed required – but did it necessarily need to be initiated from the President’s Office? Does not ultimate power rest with the voting public anymore?

Citizen Sheep

It has proven surprisingly difficult to get the public involved in a debate over the many, many allegations against the judiciary – that less glamorous wing of state power where the primary actors work behind closed doors, hidden from the media limelight.

When former MP and Chairman of the Special Majlis Drafting Committee Ibrahim “Ibra” Ismail expressed alarm in September 2011 over the growing excesses of the judiciary, the Supreme Court fantastically reprimanded him in a press release, asserting that criticising the Courts went “against the principles of civilisation” and that the constitution forbade such criticism.

In a democracy, the power rests with the people. However, Maldivians so far have shown little inclination to hold their state office bearers accountable.

In the neighbouring country of India, tens of thousands of outraged members of the public poured out onto the streets in recent months to protest against corruption in high offices.

The impact of overwhelming public sentiment and the willingness of the Indian public to hold their elected officials accountable worked. Several cabinet ministers and powerful provincial leaders previously thought to be untouchable by law suddenly found themselves behind bars.

Despite their every natural instinct, both opposition and ruling party leaders in India were forced to bend to public will and draft legislation that would create a new constitutional authority – an ombudsman that would be empowered to investigate corruption at the highest levels, including the Prime Minister’s office.

In contrast, the Maldivian public seems to be lethargic, and content with mindlessly echoing whatever slogan is aired by whichever party they happened to plead allegiance to.

Thus, we had ten thousand protesters mindlessly follow their sloganeering political leaders last month to complain about monuments and a host of other trivial non-issues, but there wasn’t a murmur to be heard about the serious charges of corruption and undermining of the judiciary by the same politicians who were on stage blathering about some imagined grief caused by invading Jews.

Pray where were the hordes of MDP loyalists that today defend the President and speak in angry tones against the Criminal Court judge, when the judiciary made a mockery of the constitution throughout the whole fiasco involving the appointment of judges?

Does anyone know the views of the opposition protesters on the state of affairs of the judiciary?

Are they not concerned about the under-qualified, under-educated, and sometimes convicted criminals of poor moral calibre that now occupy the benches of their courts?

If they are worried about the abuse of executive power, why are they not concerned about the abuse of judicial and legislative power?

Perhaps the Maldivian public is simply uneducated on the gravity of these issues due to the lack of any avenue for factual, impartial information – and having access only to a bunch of partisan propaganda outlets masquerading as ‘the media’, with the choice to pick one that most panders to their views.

The slant of the State media coverage of the recent protests is eerily similar to the language employed by Gayoom-era news propaganda. Similarly, the bias and sensationalism spewed by opposition-allied TV networks would make Fox News and The Daily Mail blush.

A second revolution

An argument can be made that the task of democratic transition still lies incomplete, and that democratic reforms only changed things in the executive, leaving the judiciary and parliament to remain bastions of the old guard.

The President and the ruling party have the right to educate the public and complete the task of democratic reform in all areas of governance.

However, if they feel that more drastic, revolutionary actions are necessary, then perhaps they ought to relinquish the position of the executive, return to the streets as ordinary citizens, and organize a grassroots campaign to cleanse the country’s courts and Parliament.

It simply does not bode well for the country’s democracy when the powers bestowed to one arm of the State is unilaterally employed to twist the other arm.

The country has already had one failed attempt at democracy before. If the actions of the democratic leaders causes the general public loses faith in democratic institutions and the rule of law, then there’s no reason to believe it won’t fail again.

The Maldivian public needs to realize that the ultimate Constitutional power is not vested in the President’s residence of Muleeage, but in the hands of voting citizens, and that if they are serious about completing the task of Judicial reform, then it is up to the citizens themselves to rise up and sort out the Judges.

Echoing the sentiments of the Prince Hassan Farid Didi, Former President Maumoon Abdul Gayoom once said in an interview that Dhivehin are not ‘ready’ for democracy.

Recent events suggest that both the Pharaoh and the Prince appear to be correct.

Four years after we voted in our first democratic government, the Maldivian public continues to be as clueless as the monkey with the handkerchief – and it is under our watch that politicians and judges wipe their bottoms with the constitution.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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High-risk behaviour leaves Maldives at risk of HIV/AIDS “explosion”

A new report has revealed that the health authorities detected 18 HIV positive cases and over 400 cases of Sexually Transmitted Infections (STIs) in last year – a “significant” finding which has highlighted the need for additional research to understand the prevalence of STI’s and HIV in the Maldives.

The report, “Annual Communicable Disease 2011” from the Centre for Community Health and Disease Control (CCHDC), revealed that among the 31,016 people tested under the Voluntary Counseling and Testing (VCT) program last year, a total of 438 cases of STIs were reported, out of which 97 percent affected females.

The report says among the 426 females with STIs, 395 involved vaginal discharge cases and 31 ulcers. Meanwhile, males with STIs were reported significantly low at 12 – eight cases of urethral discharge and four cases of ulcers. The report does not specify the age group, however all participants in the study were volunteers.

CCHCDC director Director Moomina Aboobakuru told local media that the authorities are deeply concerned about the increased detection of STIs such as chlamydia and gonorrhea – both conditions that can cause infertility if left untreated.

As the surveillance is limited to the number of people volunteering to take the tests, and with no nationwide survey, Aboobakuru believes that more people are likely to be living in with STIs “undetected”.

Meanwhile, Dr Ahmed Jamsheed, public health expert and former Director General of the CCHDC, argued that it could not necessarily be deduced from the report that the sexually transmitted diseases are on the rise in the Maldives.

He explained that as this was the first published general finding on STIs in the Maldives, there was no reference to determine whether cases were on the rise nationwide without previous data to compare it with.

“But certainly there is an urgent need for additional research for STI’s , including HIV to understand the prevalence of these diseases in the country,” Dr Jamsheed asserted.

Risk of HIV/AIDS ‘explosion’

Jamsheed and CCHDC officials fear that increasing rates of “high risk behaviour” risk the historically low rate of HIV prevalence in the Maldives, putting selective groups such as drug users, resort workers and people travelling abroad at greater risk.

Meanwhile, a total of 18 HIV positive cases were reported last year alone – including 17 expatriates and one local.

Between 1991 and 2011, 15 HIV cases were reported among Maldivians, compared to 168 among expatriate workers. Of the Maldivian cases 13 were males, and two females, and all patients cited heterosexual transmission as the cause.

Despite the country’s conservative exterior, Dr Jamsheed wrote on his blog in June 2011 that Maldivians have always been sexually very active: “High divorce and re-marriage rate, which increases the number of sexual partners any individual have over the lifetime. It is also a known fact that despite being a Muslim community, a lot of Maldivians have multiple extramarital relationships.”

Human trafficking for purposes including sexual entertainment has put more locals at risk, while in 2010 police arrested an HIV-positive prostitute.

Further risk factors include falling rates of contraceptive use, Dr Jamsheed wrote, particularly among high risk groups.

“The condom prevalence rate in the Maldives is very low and on a negative curve, though this data comes from married couples. Studies also show that condom use by the high-risk groups (commercial sex workers, men having sex with men, clients of sex workers) is also very low. Condom is the most effective preventative tool we have to protect from HIV transmission through sexual intercourse,” Dr Jamsheed wrote.

Furthermore, “However much we deny, there is a significant number of gay men in the Maldives, a lot of who are married and having bisexual relationships. There is also reason to believe that the gay community in the Maldives is increasing and becoming more organized and open about their sexual orientation,” he wrote.

Without any formal sexual education in schools and a general stigma around purchasing condoms, the basic defenses against HIV transmission are low.

“With all these extremely high risk factors, it could be said that we are sitting on a ticking bomb for an explosive HIV epidemic,” Dr Jamsheed warns.

“It’s [only] a matter of time for the virus to be introduced to the high-risk circle, especially the IV drug users. Unless we escalate our preventive efforts and introduce new and more effective measures, the low HIV prevalence in the Maldives might change to a very high prevalence in no time.”

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MDP vows to pressure Supreme Court if it fails to investigate Abdulla Mohamed

Maldivian Democratic Party (MDP) Vice President and MP Alhan Fahmy met on Sunday with Chief Justice of the Supreme Court, Ahmed Faiz, presenting two cases against Chief Judge of the Criminal Court Abdulla Mohamed and demanding the cases be concluded in 48 hours.

Before going to the meeting Alhan met with the press and said that he will present two cases relating to Abdulla Mohamed: one regarding the Civil Court’s ordering the judicial watchdog – the Judicial Service Commission (JSC) – to delay taking action in a judicial misconduct case against the chief judge, and a second regarding the High Court’s ruling that he did not have to obey police summons on January 16.

The latter ruling led to police requesting the Maldives National Defence Force (MNDF) assist in the arrest of Abdulla Mohamed, and his subsequent detention on the MNDF training facility of Girifushi where he remains.

Alhan told press outside the Supreme Court after meeting with the chief justice that the MDP would put pressure on the Supreme Court if it did not conduct the cases.

He then told a group of MDP supporters waiting for him outside that if the Supreme Court did not conclude the case in 48 hours, the MDP would “raise its voice”.

The whereabouts of Criminal Court Chief Judge Abdulla Mohamed following his arrest were not revealed until January 18. The MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz has joined the High and Supreme Courts in condemning the MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

According to government officials, military assistance was sought for reasons of national security. Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged.

Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

Defence Minister Tholhath Ibrahim Kaleyfan has said police had sent a letter to the armed forces on Monday, January 16, “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

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Chamber of Commerce VP stabbed by two men on motorcycle

A pair of men have stabbed the Vice President of the Maldives National Chamber of Commerce and Industries (MNCCI),  Ismail Asif, near private Radio Station SunFM.

Speaking to Minivan News from ADK Hospital, Asif said the two men came up on a motorbike and stabbed him twice in the back.

‘’They were two very young persons, they just stopped and stabbed me. I was shocked to see there was no fear on their face, they were not covering their faces or anything, I mean it was broad daylight,’’ Asif said. ‘’They did not say anything to me and I have not received any threats or warnings, so I do not what it is about.’’

Asif said the two men must have been following him for a long time, because he said he was not stabbed at a place he goes to regularly.

‘’I came out from a meeting at the Maldives Monetary Authority (MMA) and went to drop this friend and right before I turned to leave they came up and stabbed me,’’ he said, adding that it was a “complete shock”.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News that the incident was reported to police at about 3:25pm.

‘’We have information that Asif was attacked with a sharp object and that he is currently at the hospital,’’ he said, adding that investigation was ongoing and declining to provide further information.

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Government requests international legal assistance to clean up judiciary

Following a protest-packed weekend during which politicians were attacked and journalists threatened, the Foreign Ministry has requested a senior international legal delegation from the United Nations Human Rights Commission (OHCHR) to help resolve the current judicial crisis in the Maldives.

“We have been working to improve the judiciary since we came to power, but we have not succeeded. We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” said Foreign Minister Ahmed Naseem.

The request was made following conversations with UN officials last week. According to a press statement, the delegation would be asked to help resolve “the immediate issues surrounding the detention of Justice Abdulla Mohamed, the Chief Judge of the Criminal court, and also the longer-term problems facing the Maldives’ judiciary and the failure of judicial accountability mechanisms under the Constitution.”

Following the detention of minority opposition Dhivehi Quamee Party (DQP) leaders, who had accused the government of behind-the-scenes dealings with Israel and Christian priests, and the arrest of Judge Abdulla Mohamed by military forces after he attempted to block his own police summons in the High Court, opposition party members took the streets last week in protest. DQP meanwhile approached various foreign embassies claiming their freedom of speech was being impinged.

In a statement released on Friday the European Union (EU) Heads of Mission in Colombo expressed concern over the judge’s arrest and “[called] on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

In response the Foreign Ministry cited the government’s efforts to reform the judiciary and oppose the use of hate speech, reiterating its interest in continued relations with the EU.

Stating that “the diplomatic community has received inaccurate information” regarding the political situation in Male’, the Foreign Ministry said it had delivered “accurate information” to foreign missions last week. Officials say those missions had received the news positively, had asked that “racial rhetoric” be stopped, and had not expressed concerns over the judge’s arrest.

Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Naseem said the commission’s shortcoming are “now an issue of national security.”

In its statement the Foreign Ministry contended that “since its establishment the JSC has been unable to fulfill [its] constitutional mandate. For example, during the whole of 2010 the JSC failed to take action on any of the 143 complaints submitted to it. On the one occasion in late 2011 when the JSC did find that a judge (Justice Abdulla Mohamed) had failed to comply with the required standard of conduct and had been acting in a manner amounting to gross misconduct, the Civil Court issues an order (26 November 2011) preventing the proceedings.

“With that order, the Civil Court effectively removed the constitutional powers of the JSC. The JSC was made powerless by the very same people (judges) that it is supposed to oversee.”

In communications with the OHCHR the Foreign Minister said the Civil Court’s action highlighted “a systemic failure of the judicial checks and balances foreseen in the Constitution. This systemic failure led directly to the President’s decision [to arrest the judge].”

Parliament’s Independent Institutions Committee has been tasked with investigating the JSC’s “failings”. According to committee member Independent MP Mohamed Nasheed, hearings and interviews have been concluded and possible reformation of the JSC has been discussed.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he said.

Nasheed added that a provision allows for the appointment of foreign judges during the first 15 years of the new Constitution. Naseem said the requested delegation did not necessarily fall under the provision, but rather was expected to provide guidance according to the local situation.

Specifics of the delegation are unknown as the request was only recently made, however Naseem explained that “the planning and appointment process takes time, as we need individuals qualified to stay here for a long period of time.”

“We hope that with the help of Islamic judges the Maldives judiciary would be improved”, he said.

While representatives from opposition Progressive Party of the Maldives (PPM) could not be reached at time of press, Mulak MP Abdulla Yameen yesterday said the President has no authority to “meddle with” or enforce the nation’s judicial system, local media reported.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ibrahim ‘Mavota’ Shareef today said “DRP will welcome any international participation to solve the situation at the moment.”

Shareef asserted that the Constitution is not in crisis, “only that President Nasheed has violated it. We’re very sure that the international delegation would hold him accountable because there is no way that President Nasheed is justified in what he is doing.”

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MDP to file cases against Abdulla Mohamed with Chief Judge Supreme Court

The Maldivian Democratic Party (MDP) has said it will file two cases with Chief Justice of the Supreme Court Ahmed Faiz, against Chief Judge of the Criminal Court Abdulla Mohamed.

One case appeals the High Court injunction against the summoning of Abdulla Mohamed by police last week, which led to police requesting the military conduct the arrest of the judge.

MDP MP Alhan Fahmy was reported as saying in Haveeru that the Supreme Court had authority to investigate the issuing of that High Court injunction.

He claimed to have been turned away from meeting the Chief Justice this morning and told to return in the afternoon to file the cases, while lawyers Azima Shakoor and Shaaheen Hameed were granted meetings late at night without prior appointment.

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Maldivians among 161 Muslim clerics evicted from Sri Lanka for illegal preaching

Sri Lanka has ordered a group of 161 foreign Islamic clerics – including a number of Maldivian citizens – to leave the country after they were found preaching Islam illegally.

AFP reported the Controller of Immigration and Emigration of Sri Lanka Chulananda Perera as saying that the clerics belonging to the Tabligh Jamat group, and were ordered to leave following complaints from the Muslim community that the “clerics were not preaching the moderate Islam” practiced normally in the Buddhist dominant country.

Perera also told that the clerics arrived in Sri Lanka on the tourist visas and they had violated Sri Lanka’s immigration laws by preaching Islam.

“We have ordered them to leave the country by January 31. They have violated immigration laws. A tourist visa is to have a holiday or visit friends and family and not to preach Islam,” Perera told AFP.

Foreign clerics are required to submit an application to the Sri Lankan religious affairs authorities to get permission before preaching Islam.

According to Perera, the clerics arrived in Sri Lanka last month in small batches.

The preachers included Pakistani, Bangladeshi, Indian, Maldivian and Arab nationals, although authorities did not specify the number of people belonging to each country.

The Maldives Foreign Ministry did not specify the number of Maldivians ordered to leave, although it confirmed the report.

“The ministry is deeply upset that some Maldivians were among the group of people ordered to leave the country for breaching Sri Lankan law,” the official added, advising Maldivians visiting abroad to respect the rules and regulations of countries they were visiting.

Tablighi community scrutinised

The group to which the clerics belonged to remains “controversial” among the Muslim community and has been criticised even by the some local religious NGOs in the Maldives.

When the Islamic Ministry permitted a group of five Tablighi Jamaat members to preach in the Maldives in 2009, several religious scholars advised the public not to join their gatherings and walked out from the mosques during the Tablighi scholars’ sermons.

Speaking to Minivan News at the time, Sheikh Abdulla Bin Mohamed Ibrahim, the president of religious NGO Jamiyyathu Salaf, said the Tablighi Jamaat “have beliefs and principles which conflict with the true Islamic creed.”

He added that no prominent scholar had accepted their principles and all had warned against them for their “misconceptions”.

Further, Sheikh Aboobakuru said a number of Islamic clerics, including the former Grand Mufti of Saudi Arabia Sheikh Abd al-Aziz ibn Abd Allah ibn Baaz, had urged Muslims to stay away from the group.

But, Sheikh Mohamed Shaheem Ali Saeed, State Minister for Islamic Affairs at the time, defended the ministry’s decision to issue preaching permits to the group saying “they are not extremists and they are preaching according to guidelines given by the ministry”.

Speaking to Minivannews on Sunday, Ibrahim Fauzee, President of the Islamic Foundation of the Maldives (IFM) also said that it is “concerning to hear” that Maldivians are participating in the Tablighi group.

“I do not know about the Maldivians being deported from Sri Lanka. But we have  heard that some Maldivians are involved in Tablighi group. This is very concerning and needs to be investigated,” Fauzee said.

He also added that the Tabligh group widely promotes Sufi beliefs, as opposed to the Sunni Islam practices in Maldives.

The Tablighi Jamaat, (‘society for spreading faith’) is described on Wikipedia as a religious movement founded by a Muslim named Maulana Muhammed Ilyas India in 1926, in response to degradation in practice of Islamic principles and values among the common Muslim folk and efforts by organisations to convert poorer sections of Muslims to Hinduism.

The movement primarily aims at Tablighi spiritual reformation by working at the grass roots level, reaching out to Muslims across all social and economic spectra to bring them closer to Islam, according to the site.

The movement gradually expanded from local to national, and turned to a translational movement and now has followers in over 150 countries.

Due to the orthodox nature of Tablighi Jamaat, they have been criticised for being retrogressive, according to the entry: “The women in the movement observe full hijab for which the Tablighi Jamaat is accused of keeping women strictly subservient”.

The group is also widely criticised for their “neutral political stance” and accused of being a “recruiting ground by al-Qaeda” – allegations which the movement has denied repeatedly.

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SAARC Secretary General’s resignation first in regional body’s history

The SAARC Secretariat has said it has yet to formally receive the resignation of Secretary General Dhiyana Saeed, both the youngest individual and first woman to be appointed to the position.

The Secretariat is headquartered in Nepal. In the country’s Himalayan newspaper, Secretariat Spokesperson Niranjan Man Singh Basnyat noted Saeed’s resignation was the first untimely resignation by a Secretary General in SAARC’s 26-year history.

“It will be clear only after the office opens on Monday,” Basnyat told the Nepalese newspaper.

Saeed has confirmed her resignation following her appearance on private broadcaster VTV, owned by opposition-aligned Jumhoree Party (JP) MP Gasim Ibrahim, during which she accused the government of ignoring the law in its detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

If the government contended that Abdulla Mohamed had violated the constitution, “he has to be dealt with within the confines of the law,” Saeed insisted. “The government should not take the law into its own hands.”

Press Secretary for the President Mohamed Zuhair told Minivan News last week that Saeed’s public statements “clearly contravened the SAARC Charter” which “forbids interference in the matters of any state, including the state she represents”.

Resigning before making her public statement against the government would have been the “honourable” approach, Zuhair said. “Now, even should she resign, [her behavior] is still dishonourable and indecent.”

Secretary Generals of the regional body are appointed for three year terms. The Maldives is required to appoint a replacement for Saeed to serve out the rest of her term, which expires on February 28, 2014. The nomination must be endorsed the SAARC Council of Ministers, currently headed by Foreign Minister of the Maldives, Ahmed Naseem.

The ongoing detention of Abdulla Mohamed has caused divisions even among senior members of the government. Vice President Mohamed Waheed Hassan said over the weekend that he was “ ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President.”

For its part, the government contends that its detention of the Judge is justifiable under the President’s obligation to protect the letter and spirit of the constitution, given the failure of the Judicial Services Commission (JSC) to pursue the many allegations of corruption and political favouritism pending against the judge.

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Political tensions flare amid constitutional crisis over judiciary

Male’ is bracing for further protests after a weekend of violent demonstrations involving several hundred opposition supporters, as political tensions spiral over the military’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

Eight opposition-aligned political parties held a joint press conference on Thursday afternoon calling on the public to join their series of protests “to defend the Maldivian constitution” and “bring the government back into legal bounds”.

Police said in a statement that five officers were “seriously injured” in protests that evening after opposition supporters in front of the Maldives Monetary Authority (MMA) building attempted to break through the police blockade.

A number of other police officers sustained minor injuries while a window of the MMA building was smashed and three police vehicles, one MNDF vehicle and the car of Civil Service Commission (CSC) head Mohamed Fahmy Hassan were damaged.

Opposition protesters also broke into the home of Youth Minister Hassan Latheef and vandalised his living room, while his wife and children were in the house. The homes of other ministers were also vandalised from the outside, and palm trees lining the main roads of Male’ were uprooted.

The Maldives National Broadcasting Corporation (MNBC) claimed that six of its reporters were attacked on Thursday evening by the opposition protesters, including a cameraman who had paving stones and oil thrown at him, and a camera woman who had an unknown substance sprayed in her eyes as demonstrators attempted to take her video camera.

A group of male demonstrators also reportedly surrounded a female MNBC journalist and threatened to kill her and dump her body into the sea, before she was rescued by other reporters in the area.

Protesters also attempted to gather outside the MNBC premises and threw rocks and other objects at the walls.

Police arrested 43 people over the weekend, including former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) MP Ahmed Mahlouf, Adhaalath Party President Imran Abdulla, and spokesperson for the coalition of NGOs campaigning against the government’s religious policy, Abdulla Mohamed.

Charges included disrupting peace, damaging public and private property, including youth minister’s residence, breaking police lines, and inciting violence.

The Criminal Court today however ruled the arrests were unlawful and ordered the release of all those arrested.

The Human Rights Commission of the Maldives (HRCM) meanwhile called on the protesters to be mindful of the rights of others and to exercise their right to free assembly responsibly.

The commission observed that as a result of the manner of speech heard at such protests, “inducing anger, hatred and fear in people’s hearts”, public order and peace was “being very adversely affected.”

“As a consequence of such actions, the country’s social fabric is weakened and the trust and respect we should have towards one another are lost, forming numerous obstacles to establishing an environment that fully guarantees rights,” the commission said.

Hundreds of supporters of the ruling Maldivian Democratic Party (MDP) meanwhile gathered at a heated rally near the tsunami monument on Saturday afternoon. The ruling party launched a campaign earlier this month dubbed “You can’t say that anymore” against the opposition’s “use of religion as a weapon for political purposes.”

Today’s rally at the tsunami memorial area was part of the campaign, which has seen eight rallies held at the party’s Haruge headquarters in past weeks.

Detained Judge

Chief Judge Abdulla Mohamed is at the centre of the constitutional impasse currently being played out in the Maldives. The opposition contends that the judge’s “abduction” by the military last week and its refusal to release him or present him in court, despite being ordered to do so by the Supreme Court, represents a constitutional violation by the government.

The government – and former whistleblower on the Judicial Services Commission (JSC), Aishath Velezinee – present Abdulla Mohamed as the corrupt heart of a “silent coup” by the former government to assume control of the judicary, “taking the entire criminal justice system in his fist” and ensuring legal impunity for key opposition figures.

Presented with a litany of allegations against the judge, the JSC, as the watchdog body charged with overseeing the judiciary, formed a complaints committee to investigate the cases against the judge in December 2009.

However in November 2011 the Civil Court ordered the judicial watchdog to take no action against Abdulla Mohamed, despite a report by the JSC claiming that he had violated the Judge’s Code of Conduct by making  statements favouring the opposition in an interview he gave to private broadcaster DhiTV.

The government’s decision to take action against the judge followed his opening of the court outside normal hours, to order the immediate release of Dr Mohamed Jameel Ahmed, deputy leader of the minority opposition Dhivehi Qaumee Party (DQP).

Police had attempted to arrested two senior members of the party on charges of slander and hate speech after they published a pamphlet alleging, among other claims, that the government was plotting with “Jews and Christian priests” to undermine Islam in the Maldives.

The Chief Judge was first summoned by police for questioning on January 16, but did not appear.

Instead, he filed a case at the High Court requesting the summons be cancelled on the grounds that it was illegal. The High Court then issued an injunction ordering police to halt enforcement of the summons pending a ruling.

Police subsequently requested the Maldives National Defence Force (MNDF) take Abdulla Mohamed into custody, as “the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

The judge was taken to the MNDF training island of Girifushi, where he currently remains.

“In good health”

HRCM in an “emergency” press conference yesterday stated that it had visited the judge and that he was in good health and being well treated, with the ability to freely roam the island. He had been granted, but had refused, access to his family, HRCM said.

In response to HRCM’s comments, the opposition accused the human rights body of “backing down” from its responsibilities. Deputy Leader of the Dhivehi Rayithunge Party (DRP), Ibrahim Shareef, attacked the statement as “tame” and “mellow”, claiming that the “kidnapping” of the judge was inhumane.

Reaction

The detention of the Chief Judge has polarised Maldivian society – and the government – even amid the country’s already intense political divide.

In an especially dramatic tangent, Vice President Dr Mohamed Waheed Hassan declared on his blog that he was “ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President.”

“Besides all the international legal obligations, the government of the Maldives is bound by the Maldives Constitution 1988 which prohibits arbitrary arrest and forced disappearance. We have just witnessed the first possible violation since the dawn of democracy in our country. I cannot understand why this is not an issue for everyone in this country,” Dr Waheed said.

“Those of us who have struggled for freedom in this country for over 30 years, are wondering whether we have wasted our efforts.”

The European Union Heads of Mission issued a statement expressing “concern at recent developments in [the Maldives], including the arrest of a criminal court judge by members of the security forces.”

“EU Heads of Mission reiterate their support for the process of democratic transition in the Maldives and note the importance of the principles underlying that transition, including respect for the constitution, due process, independence of the judiciary, the rule of law and freedom of expression are central to this process,” the statement read.

“EU Heads of Mission call on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

Secretary General of SAARC, Diyana Saeed, the youngest person and first woman to be appointed to the post, today confirmed her resignation following her public criticism of the executive’s refusal to obey the Supreme Court order to release the judge, during a press conference on VTV.

“[The Chief Judge’s detention] is a violation of individual human rights, a violation of the independence of the judiciary, and the violation of the constitution,” she told Minivan News on Thursday.

The government’s ignoring of a Supreme Court order is not without precedent in the Maldives.

Prior to the appointment of the new Supreme Court in August 2010 on conclusion of the constitution’s interim period, the existing bench sent a letter to the President declaring themselves permanent.

The letter was ignored, and the MNDF confiscated the keys to the Supreme Court until the new bench was eventually appointed by parliament – a process of intense and rapid backroom political compromise that was at the time hailed as a rare cross-party success for the institution.

Breaking the impasse

A government legal source told Minivan News that the JSC itself had found evidence of “gross misconduct” by Abdulla Mohamed, but was blocked from proceeding on the matter as the chief judge “has undue influence over at least one other judge of the Civil Court who issued a court order against the JSC and prevented it from performing its constitutional role.”

“The allegations levelled against him are of serious concern to the Maldivian government and community. It is apparent that both the Maldivian High Court and the Supreme Court remained silent on the matter,” the source stated.

“This is tacit acceptance of a ploy to prevent the JSC from exercising its powers under the constitution, and the JSC’s acceptance of the Civil Court order is an indication of the extent of undue influence that members of the judiciary have over the JSC.”

The government was, the source said, “taking appropriate action in extraordinary circumstances involving allegations of serious corruption and gross misconduct by a senior judge. Public statements seeking to define his detention as a human rights issue are part of the web of protection which surrounds Judge Abdulla Mohamed.”

Independent MP Mohamed Nasheed told Minivan News that the arrest of the judge could legally only have been ordered by the High Court.

“We have the security of the constitution, but while the print may be there it is evident that it doesn’t matter very much. If I am going to be arrested I deserve to expect certain rights. The arrest of Judge Mohamed should have been made on the order of the High Court,” he said.

He noted that Parliament had a standing committee, which had in turn formed a sub-committee, to investigate the JSC.

The hearings and interviews have been concluded at the sub-committee level said Nasheed, a member of that sub-committee and chair of the Independent Institutions Committee, and the information was to be compiled into a report and forwarded to the full committee.

“It’s possible we will have the investigation addressed within the first session of parliament this year,” Nasheed said.

He said the sub-committee had considered a reformation of the JSC.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he speculated, although adding that this would require bodies such as the Supreme Court to each revoke their own representatives on the commission.

The constitution also includes provision for the appointment of foreign judges from other Islamic countries, he noted.

Foreign judges may sit on court benches during the first 15 years of the constitution “only because we would like some technical assistance and expertise during the transition. This provision is the only area in which Maldivian citizenship is not required of a judge,” Nasheed said.

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