maldives – Page 690 – Minivan News

“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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Kanditheemu islanders suspect sorcery at remote site

An area believed to be a sorcery site has been found in Shaviyani Atoll Kanditheemu, raising the islanders’ level of speculation of sorcery practices.

Kanditheemu Island Council has told local media that an old man found a suspect area on the island jungle’s south side.

Council officials confirmed that the area had been found, but said no official report had been made to the council.

Officials noted that curious islanders found flowers supposedly used to cast spells at the site.

Although the council maintained that fear of sorcery was not a serious issue on the island, it noted that a Facebook group alleging that six people had had spells cast on them had been created to counter the spread of sorcery, local media reports.

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Protests to continue as DQP vows to sue government, police

The recent arrest of Dhivehi Qaumee Party (DQP) council members over “slanderous allegations” have increased political tensions in Male’, prompting a series of opposition led protests.

The Vice President of Dhivehi Qaumee Party (DQP) Dr Mohamed Jameel and council member Sandhaanu’ Ahmed Ibrahim Didi was repeatedly summoned to the police headquarters and interrogated in the past four nights, after the President’s Office requested a police investigation into “slanderous” statements made by the pair, alleging the government was working under the influence of “Jews” and “Christian priests” to weaken Islam in the Maldives.

Following the arrest of Jameel lastnight, the DQP supporters gathered outside the police headquarters around 8:00pm calling for his immediate release.

Similar confrontations took place when DQP council member Sandhaanu’ Ahmed Ibrahim Didi was briefly detained on Thursday. Didi was released shortly after the Criminal court instructed the police to bring him to the court.

Former Justice Minister was transferred to Dhoonidhoo detention center located on a nearby island, but later brought ahead of the Criminal court where his lawyers team contested the legality of the arrest and won his release.

Meanwhile, verbal and sometimes physical confrontations continued till midnight near the Justice Building, where criminal court is located.

Crowds also gathered outside the residence of Home Minister Hassan Afeef, threw eggs and called for the minister’s resignation on allegations of influencing the police to take measures against DQP members.

Roads leading to President Mohamed Nasheed’s residence Muleaage meanwhile was blocked by the security forces to stop the protestors from moving any closer.

However, the protest outside the Justice Building heated up when a group of pro government or ruling Maldivian Democratic Party (MDP) activists gathered, directly resulting in clashes with opposition protesters and police officers attempting to control the crowds.

While MDP activist called for the arrest of Jameel and other opposition members making “slanderous” claims about the government, opposition continued to hail DQP members as “heroes”, and calling for their immediate release.

Police dispersed the crowds with tear gas and detained couple of protestors, who were later released.

DQP vows to sue

Meanwhile, DQP has announced that the party will sue the government and the police over the “unlawful” detention of its council members.

However, speaking to the press on Monday, Dr Hassan Saeed, DQP president and lawyer representing Didi and Dr Jameel, claimed the party has “evidence to prove they were arrested and treated unlawfully”.

He said the party intends to sue “everyone” involved in the arrest, including Home Minister Hassan Afeef and individual police officers who signed off the arrest warrant.

“We will sue [them] in big numbers,” said Dr Saeed, who left the Maldivian Democratic Party (MDP) coalition shortly after it came to power in 2008.

Referring to the Home Minister Afee’s interview to the media outlets regarding the police investigations, Dr Saeed argued that Afeef is acting outside the legal boundaries by interfering with the police investigations.

“The Home Minister is only supposed to answer the parliament on behalf of the police. [He] does not have any power besides policy making. [He] cannot say which cases must be investigated, who must be arrested or whose detention should be increased,” Dr Saeed asserted.

Dr Saeed claimed the investigating officers have confided that they were “pressured by the government” to interrogate and arrest DQP lead members.

“They [police officers] even apologised to us repeatedly,” Dr Saeed claimed, adding that the government is “destroying a young educated police force for personal gain”.

He also alleged President Mohamed Nasheed of using “police, defence force numbers and weapons” to maintain power and enforce policies.

Press Secretary Mohamed Zuhair meanwhile told Minivan News on Monday that “we welcome any court action against the government”.

Zuhair insisted that the government wants to clear its name from the “slanderous” claims before the next election in 2013.

“We are saying it’s enough now,” Zuhair asserted. “All they need to do is tell the police who the Christian priest is. How much he is getting from the government. Under which account the money is deposited. And where they are getting this information from”.

Defend Article 27

Meanwhile, the opposition parties have decided to hold a rally on Monday night, to “defend article 27 “which states “everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam”.

DRP official was quoted in the local media saying that the rally is organised because the government is “sabotaging the freedom of expression granted under the constitution by arresting opposition leaders and threatening the media”.

Press Secretary however insists that the “government will be patient to the right freedom of expression and freedom of assembly”.

He also refuted claims of government influence over the police, saying that the “police are absolutely impartial”.

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Police summon Chief Criminal Court Judge Abdulla Mohamed for questioning

Police have summoned Chief Judge of the Criminal Court, Abdulla Mohamed, for questioning at 8.30pm in an “ongoing investigation.”

According to the Criminal Court, the summons was delivered at 12.30pm today. Judge Abdulla had ordered the immediate release of minority opposition Dhivehi Qaumee Party (DQP) Deputy Leader Dr Mohamed Jameel Ahmed from police custody last night.

A police media official confirmed the summons but could not divulge details of “an ongoing investigation.”

Judge Abdulla’s lawyer and Independent MP for Guraidhoo, Ibrahim Riza, told local daily Haveeru that the chief judge would comply with the summons but was “unaware that police are investigating a case involving him.”

He added that the news “came as a shock” to the judge.

On October 26, Judge Abdulla had ruled that the arrest of Gassan Maumoon – son of former President Maumoon Abdul Gayoom – on suspicion of hurling a wooden block at protesters was unlawful, establishing a precedent that police could not arrest suspects without an arrest warrant “unless the arresting officer observes the offence being committed”.

The contentious ruling led police to release 11 suspects while the Prosecutor General’s Office (PGO) sought legal clarification on criminal justice procedures.

Ethical misconduct

In 2005, then Attorney General Dr Hassan Saeed forwarded to the President’s Office concerns about the conduct of Abdulla Mohamed after he allegedly requested that an underage victim of sexual abuse reenact her abuse for the court.

In 2009 following the election of the current government, those documents were sent to the oversight body Judicial Service Commission (JSC), which was requested to launch an investigation into the outstanding complaints as well as alleged obstruction of “high-profile corruption investigations”.

The JSC decided not to proceed with the investigation on July 30, 2009. However in November last year, the JSC completed an investigation into a complaint of ethical misconduct against the judge.

The case was presented to the JSC in January 2010 by former President’s member of the JSC, Aishath Velezinee, after Abdulla Mohamed appeared on private network DhiTV and expressed “biased political views”.

Velezinee observed at the time that it 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.”

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President inspects Gulhi Falhu

President Mohamed Nasheed has visited Gulhi Fallhu, a reclaimed area of 50 hectares to be developed into an industrial-residential area.

The project originally stated that 2500 houses would be built in the area.

Global Projects Development Limited (GPD) is running the operation in conjunction with Gulhifalhu Industrial Zone Limited (GIZL).

Since the project began in March 2011 a foundation for a mosque has been laid and a port opened.

During his visit, the President examined the progress of the residential flats, the mosque and pre-school planned for Gulhi falhu.

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Addu City Council begins taking down “idolatrous” SAARC monuments

Addu City Council has begun removing monuments gifted to the Maldives by SAARC member countries during the “Building Bridges” summit in November 2011.

Bhutan’s monument, a wooden sign, was taken down on Friday following a demand from demonstrators at the opposition-sponsored ‘Defend Islam’ protest on December 23 that all monuments be removed as they were “idolatrous”.

Councillor Hussein Hilmee told Minivan News that a small group of people had been vandalising the monuments and that police had needed to provide 24 hour security, which was unfeasible.

The leaders of Bangladesh, Pakistian, India, Bhutan, Nepal and Sri Lanka unveiled their national monuments to commemorate the Maldives’ hosting of the SAARC Summit.

The night before the unveiling of Pakistan’s monument a small group of protesters knocked it over, contending that carvings detailing the history of the Indus valley civilisation and a bust of the country’s founder Mohamed Ali Jinah were idolatrous. The monument was removed by Addu City Council and replaced on its plinth prior to the unveiling ceremony.

That evening a group of opposition MPs, including MP Ahmed Mahlouf from former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), were arrested attempting to take down SAARC banners at the airport which they claimed featured Christian imagery.

The Pakistani monument was subsequently set ablaze by demonstrators, after the 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.

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.

The fate of the monuments quickly became a political football in the wake of the SAARC Summit, as the government began to juggle the perceptions of its regional neighbours with antagonistic public sentiment triggered by opposition-led demands that the monuments be removed.

Pakistanmonumentpres — Pakistani Prime Minister Yusuf Raza Gilani unveils the contentious monument

Meanwhile, the wave of vandalism continued. The head of Sri Lanka’s lion statue monument was decapitated, and police were deployed to provide protect the surviving structures.

A month after it was unveiled Nepal’s monument, a metal plaque with a coat of arms resembling the country’s national symbol, was stolen during a police shift change.

“We regret what has happened,” Addu City Mayor Abdullah Sodig told Minivan News following the theft of the Nepalese monument. “It was not a religious monument. There is some political motive behind this theft,” he emphasised, citing “opposition party members” as likely suspects.

Islamic Minister Dr Abdul Majeed Abdul Bari subsequently requested that government authorities remove the SAARC monuments that conflicted with Islam, although he did not specify which.

State Minister for Islamic Affairs, Sheikh Hussein Rasheed, was more muted, telling Minivan News that he did not believe that the monuments contradicted Islam.

“The Pakistan monument showed how Pakistan became an Islamic country from its Buddhist origins,’’ he said, but added: ‘’Although the monument does not contradict Islam, it should not be kept there if Maldivian citizens do not want it to be there.’’

Press Secretary Mohamed Zuhair observed at the time that taking down the monuments would diplomatically be very difficult for the government, “especially where it was handed to us by another Islamic country.”

Removal of the contentious monuments was one of the five demands of the December 23 protesters, who also demanded that the government apologise for a statement to parliament by UN Human Rights Commissioner Navi Pillay concerning a moratorium on flogging for extra-maritial sex.

Today, Addu City Councillor 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 the Sri Lankan government had not yet been informed of any decision.

“We have requested that if [the government] is unable to preserve the monument that they hand it over to us,” she said.

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