maldives – Page 689 – Minivan News

Hithadhoo Court orders removal of SAARC monuments on religious grounds

Following two months of theft and vandalism, Hithadhoo Court Magistrate Abdullah Farooq has ordered the removal of monuments gifted by the SAARC nations at the 2011 SAARC Summit “Building Bridges” held in Addu City.

This week, Addu City Council removed Bhutan’s monument – a wooden sign – following a demand from demonstrators at the nation-wide opposition-sponsored ‘Defend Islam’ protest on December 23 to that effect.

The council reported that the police surveillance necessary to preserve the monuments in the current political climate had become unreasonable.

Certain interpretations of the Quran prohibit images of living beings. The Maldives Constitution, itself based on Islamic Shariah, states that no action which violates Islam can be upheld by the courts.

Farooq identified the monuments as “idols of worship” used by non- Muslims which could allow for the growth of other religions in the Maldives.

Farooq further argued that the monuments conflict with the regulations within the Religious Unity Act and were accepted into the country unlawfully according to the Contraband Act.

“No one has the authority to import anything prohibited under the law”, he said in the court ruling. Farooq has requested the Prosecutor General to take legal action against those responsible for setting up the monuments in Addu.

The monuments were unveiled by the leaders of Bangladesh, Pakistian, India, Bhutan, Nepal and Sri Lanka to commemorate the Maldives’ hosting of the SAARC Summit. The evening prior to Pakistan’s unveiling ceremony, its monument was knocked from its pedestal by protestors.

Although individuals were not detained over the matter the Islamic Ministry issued statements claiming that the monument’s illustration of the history of the Indus valley civilisation and a bust of Pakistan’s founder Mohamed Ali Jinah were idolatrous, and requested the government to remove those SAARC monuments which conflicted with Islam.

Addu City Council returned the monument to its mount prior to the ceremony, however it was subsequently set on fire by demonstrators when religious Adhaalath Party issued a statement claiming that “no Maldivian of sound mind” would allow idols or iconography of other religions to be erected in the country.

Opposition parties including Progressive Party of the Maldives (PPM) voiced their support for the vandals, and the ensuing months Sri Lanka’s monument of its national lion was decapitated, Nepal’s monument stolen and Afghanistan’s miniature minaret of Jam was sunk in a nearby harbor.

The Pakistani monument was “part of efforts by adversaries of Islam to turn the faith that Maldivians embraced 900 years ago upside down,” the party said at the time.

Meanwhile, State Minister for Islamic Affairs Sheikh Hussein Rasheed pointed public opinion to the historical value of Pakistan’s monument.

“The Pakistan monument showed how Pakistan became an Islamic country from its Buddhist origins,’’ Rasheed has previously stated, noting that, ‘’Although the monument does not contradict Islam, it should not be kept there if Maldivian citizens do not want it to be there.’’

Removal of the contentious monuments was one of the five demands of the December 23 protesters, who also demanded that the government prohibit Israeli airlines from operating in the Maldives.

Press Secretary Mohamed Zuhair observed at the time that taking down the monuments would diplomatically be very difficult for the government, “especially when it was handed to us by another Islamic country”, however he said the decision belonged to Addu City Council.

Following the removal of Bhutan’s monument three days ago, Addu City Councillor Hussein Hilmee said the council had sent a letter to the Foreign Ministry requesting that it inform SAARC member countries that it was taking the monuments down.

Deputy Sri Lankan High Commissioner Shaanthi Sudusinghe said at the time, “We have requested that if [the government] is unable to preserve the monument that they hand it over to us.”

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Chief Judge held “in good condition” at MNDF training center Girifushi

The Maldives National Defense Forces (MNDF) last night informed Chief Criminal Court Judge Abdulla Mohamed’s wife and parents of his whereabouts and condition, following complaints made by the family.

“The judge is under our supervision at Girifushi in Kaafu Atoll (an MNDF training facility. He has no injuries and is in good condition,” said MNDF Chief Spokesperson Abdul Raheem, discounting local media reports to the contrary as “false messages”.

The Maldives’ famous underwater cabinet meeting was held off Girifushi in 2009, catapulting President Mohamed Nasheed into the environmental spotlight.

This is the first time that an individual has been held in custody at an MNDF training facility rather than Dhoonidhoo detention center. Raheem said the MNDF did not wish to specify why the judge is being held at the training facility.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request. The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz lately joined the High and Supreme Courts in condemning 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.

“They haven’t followed the procedures, and the authorities are in breach of law. They could be charged with contempt of the courts”, he said.

PG Muizz added that as MNDF has violated the Constitution he has ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Raheem said the armed forces did not wish to comment on the PG’s statement.

According to government officials, military assistance was sought for reasons of national security.

In a televised statement on MNBC One on January 17, Home Minister Hassan Afeef said military assistance was sought during the arrest for “fear of loss of public order and safety and national security” on account of Judge Mohamed, who has “taken the entire criminal justice system in his fist”.

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.

The judge has also released suspects detained for serious crimes without a hearing. One murder suspect proceeded to kill another victim.

Afeef further alleged that the chief judge “twisted and interpreted laws so they could not be enforced against certain politicians” and stood accused of “accepting bribes to release convicts.”

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.”

MNDF therefore exercised authority under chapter nine of the Constitution and the Armed Forces Act of 2008 to take the judge into custody, he concluded.

Indicating the gravity of the moment, Minister Kaleyfan said, “I assure citizens that at this critical moment the country is faced with, the armed forces will do everything it must to restore national interest and defend the lawful government.”

The public has been protesting for six consecutive nights the detention of opposition party members who last week made statements of “hate speech” against the government, as well as the arrest of Judge Mohamed.

Meanwhile, the ruling Maldivian Democratic Party (MDP) is circulating a petition calling for PG Muizz’s removal from office in a stated effort to clean up the judiciary.

“We are calling for a strong and independent judiciary for the people,” party chairperson and MP ‘Reeko’ Moosa Manik told Minivan News today. “The judiciary will never work without a PG, an AG, police and courts. They have to work closely.

“We have found that cases related to the opposition stay in the PG office. We do not believe the cases are being properly prosecuted,” Moosa said, estimating that the petition currently has 1,000 signatures. “We will be discussing the results in our parliamentary group before submitting it [to a parliamentary committee]”, he added.

Addressing the matter of Chief Judge Abdulla Mohamed, Moosa said, “this country will not stop for only one judge”, later adding that he holds Criminal Court Judge Abdul Ghazee responsible for the judiciary’s deterioration.

Moosa argued that MNDF’s actions against the judge were accordance with its duty to protect the Constitution. “MNDF are always responsible for the country. They are helping the police because the police currently have so many cases to investigate. The judge did not respect the police summons before, he assumed he was above the police. That’s not fair to the people.”

Speaking in his own capacity, Moosa continued, “If a judge does not respect the Constitution, who does? Article 207 of the Constitution gives the military the power to do what they need to do to defend the law.”

Moosa claimed “we will do anything to bring justice to the courts”, but added “ we don’t want to arrest anybody, we are calling on the people to please respect the country and bring justice for all.”

Spokesperson for former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), Ahmed Mahlouf, was not responding to calls at time of press, however yesterday the party accused the government of trying to tip the country “into a state of emergency”.

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Delegates discuss maritime security

President Mohamed Nasheed has met with the Indian and Sri Lankan delegates in reference to the Trilateral Discussion in maritime security in the Indian Ocean region.

Delegates met separately with the President.

The discussions addressed regional maritime security concerns and possible solutions. The President highlighted the need for a regional strategy to address maritime security threats, such as piracy and drug trafficking

In June, international specialists informed Minivan News that following two attacks that month off of India’s southern coast, the Maldives’ waters were notably at risk.

Maldives National Defence Force (MNDF) however has maintained that the Maldives is not under direct threat from Somalian pirates.

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Chief Judge “took entire criminal justice system in his fist”: Afeef

Ministers have sought to give their legal justification for the involvement of the armed forces in the arrest of Chief Judge of the Criminal Court, Abdulla Mohamed, amid spiraling political tensions.

In a televised statement on MNBC One last night, Home Minister Hassan Afeef said military assistance was sought for “fear of loss of public order and safety and national security” on account of Judge Abdulla, who has “taken the entire criminal justice system in his fist”.

Afeef and Defence Minister Tholhath Ibrahim Kaleyfan said police requested the involvement of the Maldives National Defence Force (MNDF) in the arrest of Abdulla Mohamed.

Defence Minister Tholhath revealed that police 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,” he said.

MNDF therefore exercised authority under chapter nine of the constitution and the Armed Forces Act of 2008 to take the judge into custody, he said.

He noted that Article 243 of the constitution charges the military “to defend and protect the Republic and its people”, while article two of the Armed Forces Act states that it must “protect the lawfully elected government of the Republic of the Maldives from any unlawful action that may in any way diminish its stature.”

Moreover, he added, the Armed Forces Act authorises the military to assist law enforcement agencies upon request, during which it would be given “all lawful powers accorded to police.”

“I assure citizens that at this critical moment the country is faced with, the armed forces will do everything it must to restore national interest and defend the lawful government,” he said in conclusion.

Afeef meanwhile listed 14 cases of obstruction of police duty by Judge Abdulla, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, and barring media from corruption trials.

Afeef said the judge also ordered the release of suspects detained for serious crimes “without a single hearing”, and maintained “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Afeef also alleged that the judge actively undermined cases against drug trafficking suspects and had allowed them opportunity to “fabricate false evidence after hearings had concluded”.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef continued, and has arbitrarily suspended court officers.

The chief judge “twisted and interpreted laws so they could not be enforced against certain politicians” and stood accused of “accepting bribes to release convicts.”

Prosectutor General Ahmed Muizz has meanwhile maintained that the MNDF acted illegally, telling local media that he would comply with an order from the Criminal Court to prosecute the Chief of Defence Forces for contempt of court, as well as those officers responsible for arresting the judge.

Muizz has also asked the Human Rights Commission of the Maldives (HRCM) to investigate the case, stating that he would decide who to charge based on their conclusions.

“The military arrested Abdulla Gazi in violation of the Judges Act. Action will be taken against those involved,” he said.

The first case against Abdulla Mohamed was brought to the President’s Office in 2005 by then Attorney General Dr Hassan Saeed, now the leader of the Dhivehi Qaumee Party (DQP).

That complaint referred to the judge allegedly demanding that the underage victim of a sexual assault reenact her attack in the courtroom. The Judicial Services Commission (JSC) subsequently dropped the inquiry.

However in an open letter to parliament in March 2011, President’s member on the JSC and outspoken whistle-blower Aishath Velezinee claimed that the politically-manipulated JSC was protecting the judge despite the existence of “reasonable proof to show that Chief Judge of the Criminal Court Abdulla Mohamed was systematically committing the atrocity of setting free dangerous criminals and declaring them innocent with complete disregard to the evidence [presented at court].”

The JSC formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but failed to present an update report every thirty days as required by article 29(b) of the Judicial Service Commission Act and had not presented a single report as of March 2011.

Opposition Dhivehi Rayithunge Party (DRP) MP Dr Afrashim Ali spoke in defence of the judge and insisted the complaints could not be investigated, but declined to provide reasons in writing to the commission.

Despite Judge Abdulla having been sentenced for a criminal offence, Speaker Abdulla Shahid pushed for his reappointment and later “bequeathed the Criminal Court to Abdulla Mohamed until 2026” under the Judges Act, which was passed hastily during the constitutional crisis period in July-August 2010.

Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) has meanwhile called for the immediate release of the judge, accusing the government of disregard for judicial and constitutional law.

Interim Deputy President of PPM, Abdul Raheem, told local media that the government was seeking the declaration “of a state of emergency”.

“Recent actions suggest [the government] is capable of anything,” he said.

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Dr Jameel summoned for questioning again, as government goes on diplomatic offensive

Police on Wednesday evening summoned Vice President of the minority opposition Dhivehi Quamee Party (DQP), Dr Mohamed Jameel, for questioning for the fourth time in a week.

Police are investigating Dr Jameel following accusations by the government that the party was attempting to incite religious hatred.

DQP council member ‘Sandhaanu’ Ahmed Ibrahim Didi, a former Amnesty Prisoner of Conscience, had called on the public to “rise up and defend Islam”, stating that “we brought [President Mohamed] Nasheed to power by mistake. Nasheed is a madman.”

Among the “slanderous allegations”, according to the government, were claims that it was “operating under the influence of Jews and Christian priests” and had been “attempting to spread irreligious practices and principles in the country.”

The government has expressed particular alarm at a pamphlet published by the party in Dhivehi entitled “President Nasheed’s devious plot to destroy the Islamic faith of Maldivians”.

The pamphlet advises that “the Jew’s plan and way of thinking is to divide Islamic countries”, and that Maldivian government officials hold secret identities as “Christian priests”.

Monuments gifted by SAARC countries during the Addu summit in November 2011 were secretly “religious statues, depicting other Gods for praying [towards].”

The traction of such allegations is hard to judge in the Maldives. Historically a moderate country, it has recently found itself facing a rising trend of religious extremism – a stark contrast to the Western hedonism of the resorts, from which the country indirectly derives 70 percent of its income.

The DQP has defended their allegations under Article 27 of the Constitution, which guarantees freedom of expression “subject to the tenets of Islam”, and is presenting this argument to foreign embassies in Colombo this week.

The government has however claimed that the party’s remarks are “racist, bigoted and anti-Semitic”.

“Freedom of speech does not entitle you to maliciously shout ‘fire’ in a crowded theatre,” President Nasheed’s Press Secretary Mohamed Zuhair has said.

Leader of the DQP, former Attorney General Dr Hassan Saeed, has refused to speak to Minivan News. Dr Jameel was not responding at time of press.

Diplomatic push

In a bid to justify the continued investigation of DQP politicians – disrupted by the Criminal Court’s refusal to grant police an extension of detention, following the arrest and incarceration of Chief Judge Abdulla Mohamed on corruption charges – the Ministry of Foreign Affairs was today briefing the international community on the “recent increase in extremist religious rhetoric being used by certain opposition political figures in the Maldives.”

The Foreign Ministry said it was “extremely concerned by the increase in extremist rhetoric used by certain politicians and NGOs, which can lead to stigmatisation, stereotyping and to incitement to religious violence and hatred.”

“The government of the Maldives shares the concern of others in the international community “at instances of derogatory stereotyping, negative profiling and stigmatiation of persons based on their religion or belief, as well as programmes and agendas pursued by extremist organizations. We also condemn, in this context, any advocacy of religious hatred against individuals that constitutes incitement to discrimination, hostility or violence,” the Foreign Ministry stated.

“Opposition politicians in the Maldives are using the new climate of free speech and freedom of the press to promote negative religious stereotyping, especially about Christians and Jews, and to incite religious hatred, hostility and violence,” the Ministry claimed.

“This represents a deeply worrying trend that can and will have a lasting negative impact on tolerance across Maldivian society,” it added.

A person familiar with the matter told Minivan News that the government had noted and archived statements made by senior political figures endorsing extremism during and following the opposition-sponsored ‘Defend Islam’ protest on December 23 last year, and was in the process of compiling briefing notes for interested international agencies.

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“Judicial independence does not mean that judges are above the law”: Foreign Minister, as political tension erupts

The Maldives National Defence Force (MNDF) has received an order from the Supreme Court to release Chief Judge of the Criminal Court, Abdulla Mohamed.

However MNDF spokesperson Major Abdul Raheem told Minivan News this afternoon that the military has “not yet decided what do with that order.”

The MNDF refused to release the judge on a Supreme Court order last night, requesting that it be delivered during ‘official hours’. Minivan News understands that President Mohamed Nasheed met with the Chief Justice of the Supreme Court this morning.

Chief Judge Abdulla Mohamed was arrested for corruption and for “allowing his judicial decisions to be determined by political and personal affiliations and interests”, Foreign Minister Ahmed Naseem said in a statement today.

The arrest of the judge caused a spike in political tensions across Male’, coming so soon after he opened the court late at night to order that the arrest of DQP politicians for “hate speech” was unlawful.

“[Judge Abdulla’s] repeated failure to comply with constitutional requirements regarding the individual integrity and competence of judges has been compounded by the failure of normal constitutional checks and balances to hold him accountable to the society he is supposed to serve,” read the Foreign Ministry’s statement.

“The Government of the Maldives fully supports and will always protect judicial independence,” Naseem said today. “However, judicial independence does not mean that judges are above the law and can behave as they see fit – contrary to the laws of the land. A judge is a citizen of the Maldives – no more or less important than any other citizen”.

Political tension erupts

The civil, criminal and high courts have cancelled hearings in protest against the arrest of the Chief Judge Abdulla Mohamed. The High Court, Supreme Court and Prosecutor General (PG) Ahmed Muiz demanded the release of the judge.

Muiz told local media that police must consult the PG before taking a judge into custody.

The Criminal Court also issued a court order today ordering the PG to prosecute within the next three days the Chief of Defence Forces and others involved in “contempt of court”.

A group of lawyers filed a similar case at the High Court after the military ignored court orders from both the High Court and Supreme Court for Judge Abdulla Mohamed’s immediate release.

Upon receiving the police summons yesterday, Judge Abdulla had filed a case at the High Court requesting that the summons be cancelled or overturned. The court issued an order halting the summons pending a ruling on the case.

Following his arrest, the High Court issued a court order around 2:00am Tuesday morning for the immediate release of the judge. The High Court noted that as article 12 of the Judges Act specifies procedures for the arrest of a sitting judge.

Chief Justice Ahmed Faiz released a statement after midnight calling for the immediate release of Judge Abdulla, noting that a judge could only be arrested on criminal charges with a warrant from a higher court.

Only the PG is authorised by the Judges Act to seek such an arrest warrant, the Chief Justice noted.

“The day these principle are demolished is the darkest and gloomiest time in the life of a nation,” the statement reads.

The apex court also issued a court order around 5:00am for Judge Abdulla’s immediate release.

Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) also called for the release of the judge, claiming that the government had “completely destroyed the country’s hard earned democracy”.

The Human Rights Commission of Maldives (HRCM) meanwhile called on authorities to respect article 24 of the constitution, which states, “Everyone has the right to respect for his private and family life, his home and his private communications.”

However the Foreign Ministry said that Abdulla Mohamed had violated the Bangalore Principles on judicial conduct and independence.

“All the time, Abdulla Mohamed’s actions are becoming more blatant – from asking children who have been sexually abused to act out the crime in court, to repeatedly releasing opposition figures brought before the courts for serious crimes including assault and incitement to hatred or violence,” Naseem said.

“As the International Commission of Jurists (ICJ) made clear following their recent assessment of the state of the Maldives judiciary, judicial independence is a responsibility requiring accountability – a point clearly reflected in the Constitution of the Maldives. This accountability includes a requirement of individual competence and integrity by judges in their proceedings: including issues of actual or perceived bias, prejudice, or conflicts of interest and ethical behaviour outside of office, requiring continuous responsibility to demonstrate high moral character,”

“Unfortunately, it is clear, in contravention of the Bangalore Principles, that Abdulla Mohamed considers judicial independence to mean that he can do whatever he likes, and can act with total impunity”.

The Judicial Services Commission (JSC), the watchdog body supposedly responsible for ensuring the good conduct of judges, “is itself dominated by judges and opposition politicians”, the Foreign Ministry stated.

An attempt by the JSC to take action against Abdulla Mohamed following allegations of political bias after he appeared on TV saying “this government is a dying government” were overturned by the judge’s allies in the lower courts, Naseem argued.

The Civil Court in November 2011 ordered the JSC to take no action against Abdulla Mohamed, until the court reached a verdict in the case filed against him.

Judge Maryam Nihayath said at the time that if the JSC took any further action against Abdulla Mohamed while the case was in court, “it might disrupt the case and Abdulla Mohamed would suffer irreparable damages”.

Former President’s member on the JSC and outspoken whistleblower, Aishath Velezinee, told Minivan News at the time that the JSC’s investigation of Abdulla Mohamed was “the first time the JSC had ever completed an investigation into a judge’s misconduct.”

“There are many allegations against Abdulla Mohamed, but one is enough,” she said. “If the JSC decides, all investigation reports, documents and oral statements will be submitted to parliament, which can then decide to remove him with a simple two-thirds majority.”

“Sadly, as we have seen time and again, the JSC has not been able to fulfil its constitutional task of holding judges like Abdulla Mohamed – who is representative of a small minority of judges who abuse their position to protect themselves and their political allies – to account”.

The allegations against judge Abdulla Mohamed were originally forwarded to the President’s Office in 2005 by then Attorney General Hassan Saeed, current leader of the Dhivehi Qaumee Party (DQP). His party is presently attacking the government not only for its interference in the judiciary, but of harbouring “Christian priests”, “introducing other religions into the country”, “encouraging vice”, and accepting “statues for praying” from other SAARC countries during the recent summit in Addu.

Those allegations, concerning Abdulla Mohamed’s request that an underage victim of sexual abuse reenact her abuse for the court, were dropped when the JSC decided not to proceed with the investigation on July 30, 2009.

“With the JSC unwilling or unable to act, responsibility to reign-in judges who break the law should fall to higher judicial authorities. However, senior judges have proved time and again that they are not willing to take action against one of their own – destroying, in the process, public confidence in the judiciary,” Naseem said today.

It had therefore fallen to the President, “as the ultimate guarantor of the Constitution”, to resolve the situation, Naseem stated.

“The President could no longer sit by and watch as a minority of judges destroy public trust in the judiciary and make a mockery of the laws of the country. Abdulla Mohamed has therefore been arrested.

“This is not a move against the judiciary of the Maldives – but rather against an individual who has repeatedly broken the law and who should be held accountable for his actions,” the Foreign Minister said.

Judges under scrutiny

In October 2011, the ruling Maldivian Democratic Party (MDP) appealed for assistance from the international community over the “increasingly blatant collusion between politicians loyal to the former autocratic President, Maumoon Abdul Gayoom, and senior members of the judiciary – most of whom were appointed by Gayoom during his thirty years of power.”

The MDP statement also referred to the corruption trial of Deputy Speaker of Parliament Ahmed Nazim, charged with multiple counts of defrauding the former Atolls Ministry, which remains “indefinitely delayed.”

In an interview with Minivan News in September 2011, former chairman of the Special Majlis Drafting Committee responsible for the new Constitution claimed that the Supreme Court “and key elements within the judiciary are still controlled by Gayoom – directly or indirectly.”

“Face facts – they are issuing instructions to the trial courts, saying ‘Case X, stop proceedings, we’ll take that over,'” Ibra said.

“Who ever heard of an appellate court taking over a trial court’s jurisdiction? I don’t know of any instance in any democratic country, anywhere in the world, where an appellate court will take over a trial court.

“Even in cases of a mistrial, the instruction is to retry the case. Appellate courts don’t sit on trials. And they are systematically doing it – at least three cases so far. What they are effectively doing is influencing the independence of the trial court. The significance of that is that if trial court judges cannot be independent of the higher court, there is no room for appeals. Because the decision is going to be the Supreme Court decision.”

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Police push back protesters with tear gas

A third night of protests in the capital Male’ forced the government to deploy defence forces to guard the residence of President Mohamed Nasheed, as hundreds of demonstrators clashed with police following the arrest of Dr Mohamed Jameel, Deputy Leader of minority opposition Dhivehi Qaumee Party (DQP) and Criminal Court Cheif Judge Abdulla Mohamed.

The protesters gathered outside police headquarters following the arrest of Jameel last night, for the second time this week.

At last night’s demonstration began around 9:00pm, as protesters led by opposition MPs yelled for the release of Jameel and Chief Judge Mohamed, who was detained by the military.

Minivan News reporters witnessed protesters continue to penetrate the line of shielded police patrolling the headquarters – ignoring repeated warnings by police. They yelled for the resignation of President Nasheed, Police Commissioner Ahmed Faseeh and Home Minister Hassan Afeef.

Police responded with tear gas and marched forward, pushing back the crowd to the Maldives Monetary Authority (MMA), where they continued to protest.

A policeman, who was reportedly injured after being pushed by some protestors, was rushed to hospital.

Minivan News also witnessed crowds apprehend and smash up a pickup registered to Male City Council, which has a ruling Maldivian Democratic Party (MDP) majority.

Meanwhile, around 15 or so Maldivian Democratic Party (MDP) activists faced the crowd of opposition protester, leading to direct confrontation between the two groups.

As some ran away from crowd, a few were seen falling to the ground. Police meanwhile intervened to control the violence and arrested some protesters. Crowds dispersed shortly afterwards.

However, pockets of demonstrators continued to roamed around the streets, uprooting the coconut palms planted by the city council.

DQP member Didi was reportedly attacked by MDP activists and suffered cigarette burn marks to his neck. He was treated at the ADK hospital.

Meanwhile opposition protestors marched towards President Nasheed’s residence Muleaage, which was guarded by the defence forces.

Protestors faced the guards, yelled for President’s resignation calling him a “dictator”. However, they turned back after repeated attempts to break the defence line of defence guards failed.

Few gathered near Home Minister’s house, which was also guarded by police and defence.

The protests slowly receded into the morning.

Police media official Sub-inspector Hassan Haneef confirmed eight were arrested last night, including a woman, and all were released afterwards.

As political parties’ vowed to continue protests as long as the government pursue actions against the opposition leaders, Haneef said that “to ensure stability, police will continue to take measures according to the constitution and laws”.

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Sri Lankan tourism model could benefit local industry and exposure

While Maldives niche market continues to draw elite dollars, Sri Lanka’s tourism industry earned more money in 2011 than its island neighbor, statistics suggest. However, the Maldives’ move into the mid-market sector could expand horizons for budget travelers and Maldivians alike.

On January 6, Reuters reported that Sri Lanka’s tourist arrivals hit a record high in 2011 with a 30.8 percent jump to 855, 975; in 2010, the country experienced a 64.8 percent jump. Sri Lanka’s state revenue from tourism also rose by 46.7 percent to US$735.7 million in the first 11 months of last year.

Meanwhile, the Maldives has seen its own tourist arrivals jump to a record high of 1 million in 2011 – triple the country’s population.

The elite level of a Maldives vacation would suggest an elite revenue; use of the airport alone costs the 1 millions tourists approximately US$18 apiece, bringing US$21 million to the State last year. Yet in spite of the higher arrival rate, Maldives Inland Revenue Authority (MIRA) statistics estimate state revenue from tourism in 2011 at US$374 million–half its neighbor’s intake.

MIRA’s statistics are subject to two wild cards–the newly implemented Goods and Services Tax (GST) which left many items undeclared, and the possibility that some yachts aren’t declaring their total profits. Corruption is also a concern across the region, in which many countries have developing government infrastructure. “In the old days, there was no tax or GST,” said Managing Director of Maldives Marketing and PR Corporation (MMPRC) Simon Hawkins. “But now we have an accounts footprint from the GST, which will be available by 2013, so we will have a better idea of how money is being spent and where it’s going,” he added.

In addition, Sri Lankan nationals have more options for travel within their own country than the average Maldivian does among the islands. Even for Maldivians who could afford a resort trip, the un-Islamic stigma of the resorts is socially prohibitive and limits domestic tourism.

While Finance Ministry officials have been unable to clarify the discrepancy, Sri Lankan officials have pointed to the grassroots nature of their own tourism industry.

Listing the variety of vacations available in Sri Lanka, one official noted that the tourism industry is integrated into the local culture, and money paid to guest houses, restaurants and cultural and entertainment services goes directly into the economy.

By contrast, a Maldivian vacation typically happens on an island isolated from local culture and economy, feeding chunks of revenue to the expatriate workers and foreign investors who dominate resort operations.

While both countries compliment each other, Maldives is hard to beat, said Hawkins.

“Most people who go to Sri Lanka are backpackers. The beaches are okay, but people go for the cultural experience,” he said. “The most common package is the honeymooners who want to spend a week in Sri Lanka and a week in the Maldives. The general consensus is its more expensive in the Maldives but its worth it.”

According to State Minister of Tourism Thoyyib Waheed, the Maldives elite niche is a product of high-stakes bidding.

“In the last five years the government has given away many islands to the highest bidder. Because of that process, the winning bidder cannot develop a resort for the mid-market. To earn a return on the investment, the bidder has to aim for the high-end market,” he said.

Pointing to the dwindling arrivals from Europe, Waheed explained that during the global recession tourism operators have more Europeans requesting budget vacations.

“They’re looking for those rooms, especially the UK market, but we don’t have them. We need to provide for that charter market.”

While Sri Lanka may attract more budget backpackers, statistics suggest it is also pulling more of the Maldives’ main markets – flush Europeans and curious, recession-proof Asians.

In 2011, Western European arrivals jumped 22.7 percent, accounting for over ⅓ of tourist arrivals that year. South Asian arrivals jumped 35.3 percent, rivaling their Western European counterparts, government data suggests.

As a result, “the government is targeting annual revenue of $2.75 billion by 2016 from 2.5 million expected visitors attracted by Sri Lanka’s beaches, hills and religious and historic sites, while aiming for $3 billion in foreign direct investment,” Reuters reports.

Looking ahead to 2012, Sri Lanka is expecting a revenue in excess of US$1 billion – a 20 percent increase from 2011.

Deeper in the Indian Ocean, the Maldives appears to be edging into the mid-market sector.

According to State Minister Waheed, land lease rates have dropped from previous levels to encourage more mid-market tourism projects–and benefit the local economy. “The President’s view is, why can’t tourists come and stay in an empty room of a local home? There are so many empty rooms on the islands, everyone shouldn’t come and stay in a resort. In Germany tourists can stay in bed & breakfasts. In Maldives, it doesn’t have to be five-star.”

According to MMPRC, 88 percent of Maldives hotels are four star and above, giving it the highest propensity of hotels in terms of the high-end market anywhere in world. It also enjoys the highest occupancy rate (75 percent) world-wide.

While Maldives will maintain its one island, one resort image, it is aiming for more variety. Two projects in Laamu Atoll Gan are actively moving in that direction.

J Hotels and Resorts is expected to bring two 300-bed hotels and 69 guest houses to the 25 hectare area along with recreation activities, water sports and restaurants. Tourism Minister Dr Maryam Zulfa has said the Ministry is keen to see the Asseyri Project succeed.

“Right now we can’t cater to the mid-market tourists who want to have options when they make a trip to or within the Maldives,” Zulfa explained. “This will give them that opportunity. And the basis of the project will be the natural beauty – the beach, lagoon and reef are absolutely fantastic.”

She added that commercial components of the area would be rented out to different parties, thus involving more local entrepreneurs in the Maldives tourism-based economy.

In February, Reveries Boutique will become the first resort to open on a local island. Offering rooms available for under US$200 and the option of strolling into town for fish curry or mashuni, management aims to “explore the idea that parts of the Maldives are open for people of all types.”

Locals stand to gain in both income and experience.

Allowing guest houses in local islands would bring more jobs and new businesses to those areas while raising the rate of interaction between locals and tourists. Waheed added that the government is taking steps to help tourists navigate the country, rather than remain stationary on resort islands.

The same rule applies to Maldivians.

While Maldivians don’t normally go for vacation in the Maldives, they do spend high amounts abroad, “although vacations are often combined with medical treatments”, Waheed pointed out. High domestic costs also make international travel an attractive alternative–a return flight to Addu can cost more than the airfare to Colombo and back.

Although inter-island transport has improved in recent years, “locals don’t really know where to go or where to stay,” said Waheed. “The steps we are taking now will give locals more opportunities to travel around the Maldives.”

In August 2011, Sri Lanka’s “The Sunday Times” advised the nation to follow the Maldives’ lead.

“Resorts in the Maldives charge rates from US$200-300 upwards to over $1000 per night, and the authorities are now looking to attract the mid-market clientele which is also Sri Lanka’s market – though the two markets have different attractions”, read the article.

While Sri Lanka’s product is less luxe its method appears to bring more to the government, and theoretically the people working in the tourism industry. Moving into the mid-market sector could open opportunities for Maldivians seeking to gain a slice of the nation’s highest-earning industry, as well as offer them more exposure to their own country.

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Islamic Minister to investigate “Christian missionary” allegations against the State

Minister of Islamic Affairs Dr Abdul Majeed Abdul Bari has consulted with President Mohamed Nasheed on allegations that the government has cooperated with Christian missionaries in an effort “to wipe out Islam”.

“The President is now considering the best way forward,” said Press Secretary Mohamed Zuhair. “He will either form an independent commission to address the issue, or allow the Islamic Minister to consult with his colleagues. The Islamic Minister will advise the President in the matter.”

The consultation is in keeping with the government’s commitment to share decisions of religious matters with Islamic scholars.

Speaking to local media today, Dr Bari said “The President called very late yesterday and said he would request the Ministry to look into the allegations to understand the truth.” At the time, Bari had not received a formal letter stating the request but said he would cooperate with the request upon receiving such a document.

The Minister and officials at the Islamic Ministry could not be reached at time of press.

Over the past week, members of minority opposition Dhivehi Quamee Party (DQP) Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi have accused the government of cooperating with “Christian missionaries” and “Jewish parties” against the state religion of Islam- Didi claimed the President was “a madman and a Christian”- and of spreading undue fear with the claim that the islands are sinking.

Both men have been repeatedly summoned for police interrogations, prompting protests outside police headquarters and the Presidential Palace.

Speaking today with Minivan News, Zuhair called the allegations “a big lie that has been repeated since 2003, when Maldivian Democratic Party (MDP) began to work abroad.”

He added that the claims were also raised in the run-up to the 2008 presidential election, in which currently ruling MDP won the election over the 30-year administration of Maumoon Abdul Gayoom.

“At that time Dr Hassan Saeed had made these allegations and the government carried out a full-scale, professional investigation in the United Kingdom. The ‘Operation Druid’ found no substance to any of the allegations. There was no evidence of any contact with Christian missionaries or priests. So it is surprising that members of Saeed’s party are again repeating these allegations,” Zuhair observed.

Operation Druid

In 2007, Maumoon Abdul Gayoom’s government contracted UK security and private investigation firm Sion Resources for a surveillance operation dubbed ‘Operation Druid’. According to the former Foreign Minister Dr Ahmed Shaheed, Gayoom “had concerns” about the origins of the Maldivian Democratic Party (MDP), exiles from which had fled to Salisbury where they had been sheltered by Nasheed’s high school alumni, David Hardingham.

Hardingham, founder of the Friends of Maldives NGO, and Sarah Mahir had previously ambushed Gayoom in the UN building in Geneva in May 2005, accusing him of complicity in human rights abuses.

“I think Gayoom was quite shaken by that, and afterwards he was not as complacent over the security given to him by his hosts, be that by the UK or UN,” Dr Shaheed told Minivan News, in an interview in June 2011.

Subsequently, “The government may have wanted to see what was going on [in Salisbury],” Dr Shaheed said.

“What these operations did was try to see who was who. And a lot of the operations the government felt were against it came from Salisbury, and I think the government of the day felt justified in engaging a firm to look into what was going on,” he said. “They felt they needed to check on that, and what came out was a clean bill of health. Nothing untoward was happening, and these people were by and large bone-fide.”

Back in the Maldives, Gayoom’s government released a leaflet accusing Hardingham and Salisbury Cathedral of conspiring to blow up the Islamic Centre and build a church.

“It was just a mischievous suggestion, a very mischievous suggestion,” Dr Shaheed acknowledged. “At the time everyone was accusing each other of being non-Muslim, and this accusation that the MDP was non-Muslim was getting very loud.

“There is this very, very deep reaction to anything un-Islamic in this country, and you can use Islam as a political tool quite easily. Therefore these allegations become political charges.”

Former Conservative Party MP for Salisbury, Robert Key, who had been instrumental in getting Nasheed an audience in British parliament, told Minivan News in February 2011 that Salisbury Cathedral had taken the accusation “at face value” .

“It was not true, and therefore we had to say ‘It is not true,'” he said. “The Dean of Salisbury Cathedral understood the issue, she took it at face value, and we sought security advice as necessary. But it was never a serious threat. It was a juvenile political ploy.”

For his part, Hardingham has dismissed the allegations that he is a Christian missionary as “absolute nonsense – I have never been a priest or anything associated with any church, and I challenge the people making the allegations to provide a shred of evidence to support their case.

“I was refused entry into the Maldives in April 2005. Government spokesperson at the time, Mohamed Hussein ‘Mundhu’ Shareef, told Associated Press that this was due to my involvement with an Islamic extremist group. So I have been accused of being an Islamic extremist and a Christian missionary – probably the fastest and most radical conversion in history.”

Government respects religion

Citing the Maldives’ commitment to be an Islamic state, Zuhair today pointed out that it was the government’s public responsibility to clarify that the allegations against it were baseless.

“Not only do these statements refer to the government, they also refer to our members and supporters and their respect for our religion”, he said, adding that the allegations involving Jewish parties came close to anti-Semitism – “and we don’t want to spread that image.”

In its efforts to staunch DQP’s “hate speech”, the government has drawn criticism from main opposition Dhivehi Rayyithunge Party (DRP) and Progressive Party of Maldives (PPM) for “suppression of the constitutional right to free expression”.

Speaking previously at a press conference held in response to the allegations, which were broadcast on DhiTV news on January 8, Zuhair called “spreading baseless and demonstrably false claims” about the government a “criminal offence”, and the coverage of demonstrably false allegations of foreign religious influence a “violation of journalism ethics”–statements which drew prompt criticism from media associations and opposition parties.

“The government will not allow anybody to be influenced by the crime of incitement,” Zuhair clarified today, explaining that the opposition had put the media in a position of defending the general freedom of expression in order to promote their own agenda.

“It is very easy for any Maldivian or journalist to find out about the Druid operation or to see if we have been accepting payments from a Christian priest. Ask us. What is surprising is that this story has been going on for a week and yet none of the media have found out or reported what the grounds for the allegations are,” Zuhair said. “It’s part of journalistic integrity to at least get the five W’s right: who, what, where, when and why. Why are they being fooled?”

According to Zuhair, the findings of the Ministry of Islamic Affairs and the court will be necessary to resolve the matter.

The matter continues to be investigated by the police, who have now summoned Didi and Jameel for four consecutive nights. Meanwhile, a protest supporting the freedom of expression has been scheduled for the Artificial Beach this evening.

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