Tag: maldives

Seleznyov’s Guam hearing delayed as defence claims Maldives’ arrest was illegal

The lawyer of alleged Russian hacker Roman Seleznyov has alleged his client’s detention in the Maldives was illegal, calling for the termination of his case based on “outrageous governmental misconduct” by the United States.

“The U.S. agents disregarded the U.S. law which prohibits the execution of warrant of arrests on foreign soil, disregarded Maldives law which affords fundamental legal protections, and disregarded well-established principles of international law which prohibit government-sponsored abduction of non-combatants,” Defence Attorney Patrick Civille was quoted as saying by local media in Guam.

Seleznyov was taken to the US territory after being detained at the Maldives’ Ibrahim Nasir International Airport on July 5. Outraged Russian authorities have described his arrest as “kidnapping”.

A removal hearing scheduled in Guam today has been delayed while Guam Chief Judge Frances Tydingco Gatewood determines whether she has jurisdiction over the case.

Seleznyov’s attorneys are reported as saying their client was detained by US rather than Maldivian personnel, as well as questioning the validity of the Interpol red notice used to detain him, claiming the notice was only issued on the day of the arrest.

An initial US press release revealed no details of the location of the arrest, though it was clearly stated as having taken place on July 5. A subsequent statement by the US Attorney’s Office in Guam said that Seleznyov had been arrested in Guam on July 6.

Arrested by US personnel

Civille’s motion is reported to have argued that  his client was “in fact taken into custody by agents of the United States Secret Service while physically present in the Republic of the Maldives,” said Kuam News.

“While on foreign soil, Seleznev [sic] was detained, handcuffed and questioned by U.S. law enforcement agents who then quickly spirited Seleznev away from Maldives to Guam on a private jet chartered by the United States,” continued Civille.

“His arrest therefore occurred on foreign soil, not upon the territory of the United States, and thus his presence before this court has been procured in an unlawful manner.”

Assistant US Attorney Marivic David is reported to have argued that the Guam court’s role is simply to positively identify the suspect in order to issue an order for his removal to the Western District of Washington in the US where Seleznyov was indicted in March 2011.

In a statement provided for the District Court of Guam, Seleznyov has described his arrest by US personnel on July 5.

“One of the three Americans screamed loudly that he was with the United States Secret Service and that I was under arrest. When I asked why I was under arrest, a paper was aggressively dangled in front of my face,” Marianas Variety reported Seleznyov as saying.

“None of these individuals was a Maldives law enforcement agent as far as I could determine,” Seleznyov is quoted as saying.

While Russian media have also quoted eyewitnesses who reported non-Maldivians detaining the Seleznyov, President Abdulla Yameen has previously dismissed claims of a US Secret Service operation on Maldivian soil as baseless.

Strained relations

After a high-level government delegation met with Russian diplomats in an attempt to smooth relations, Home Minister Umar Naseer last week said that Maldivian authorities would have acted differently had they know the suspect was the son of a Russian MP.

“Had it been known that he was a high-profile person in Russia, we would have discussed with Russia. We would have talked and found out what they thought of the matter. We don’t want at all to do anything to displease Russia,” Naseer said on TVM’s Raajje Miadhu (Maldives Today) programme Thursday night (July 17).

Selezynov’s father Valery Seleznyov has called on Russian authorities to impose economic sanctions on the Maldives and reportedly offered US$50,000 for evidence proving his son was detained by US intelligence agents.

US officials in have maintained that Maldivian authorities acted under their own laws, expelling Seleznyov from the country before his subsequent arrest.

Seleznyov is accused of bank fraud, identity theft, and other cyber crimes. The US have described him as “one of the world’s most prolific traffickers of stolen financial information”.

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Immigration deports 6,400 undocumented workers, holds 159 in detention

The Department of Immigration and Emigration deported 6,400 migrant workers between January and July and is currently holding 159 workers in detention.

According to the department, barring a handful arrested on criminal offenses, all were undocumented – some having worked illegally for up to 12 years.

“This is not just a programme we carry out for this period, it will be a continuous process,” said Controller of Immigration Hassan Ali, who also promises action against employers.

“We have been warning about this for several years now, but there will be no warning anymore. We are taking action.”

The controller has made assurances that immigration staff are aware of the risk of deporting trafficking victims, and said that no legal rights were being infringed upon during the detention of migrant workers.

He urged small businesses to ensure recruitment agencies provide the correct information to migrant workers prior to their arrival. He also revealed long term plans to check company immigration records before awarding government contracts.

The current special operation to deport undocumented workers was announced on April 24, with Minister of Defence and National Security Mohamed Nazim – also in charge of the immigration department – promising “the whole Malé will be cleaned [of migrant workers]” within three weeks.

In December 2013 the department also conducted a voluntary repatriation program to allow for the regularisation of workers through easier documentation processes and the option to return legally after six months.

Those detained under the current programme are deported as soon as possible, and will be unable to return to the Maldives within the next ten years.

Their documents are arranged through their respective foreign offices and the travel fare is arranged with money deposited at the department prior to their arrival, or through their employers.

Trafficking risk

The Human Rights Commission of the Maldives (HRCM) has previously expressed concern over the programme, stating that victims of human trafficking may also be deported.

While the national anti-trafficking steering committee established under the new Anti-Trafficking Act has drafted a national guideline of internationally accepted standards, it is yet to be approved and used at a national level.

“No, we do not have such a standard at the moment,” Hassan Ali told Minivan News this week.

“However, our staff have taken part in programmes conducted by organisations like IOM [International Organization for Migration] and ILO [International Labor Organization] on human trafficking. They are well aware of indicators of trafficking and have identified some cases and forwarded those to the police,” the controller continued.

The 2014 US State Department’s Trafficking In Persons Report highlighted lack of procedures to identify victims among vulnerable populations, and inadequate training for officials.

The report stated that “the government penalized some victims for offenses committed as a result of being trafficked and also deported thousands of migrants without adequately screening for indications of forced labor.”

Detention

Until deportation, most workers are detained at Hulhumalé prison, or sometimes in the police custodial centers, the immigration department explained.

Hulhumalé prison, which also holds a number of convicted criminals, is being used as a detention facility for undocumented workers as the immigration department lacks its own facility.

Article 48 of the Constitution outlines rights of a person during arrest or detention – rights extended to immigrants – which include the right to an attorney, and to be brought before a judge within 24 hours to determine the validity of the detention.

Referring to the phrasing of the article, which states that only “a person detained for being accused of a crime” has the right be brought before a judge, Hassan said it does not apply to immigration detention of undocumented workers.

“I don’t even want to call this detention. We are sending them back as soon as we can, sometimes immediately, sometimes within a day. But sometimes it takes longer than that,” he said.

He added that the department was authorised under the Immigration Act and the Parole Act.

Article 21 of the Immigration Act states that it is unlawful for anyone without proper documentation to remain in the Maldives, authorising the controller to detain such persons, at a place of his choosing, until deportation.

Prominent lawyers have noted that, while the detention is valid, it is important to ensure it does not extend beyond a reasonable period of time and that the  HRCM should ensure their rights are guaranteed during that period.

Minivan News understands the Hulhumalé Prison was recently visited by HRCM, who are mandated to monitor places of detention under the Human Rights Commission Act, the Anti-Torture Act, and the UN Optional Protocol to the Convention against Torture.

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Chinese envoy sees expanded China-Maldives economic cooperation: People Daily

Chinese Ambassador Wang Fukang has told Chinese news agency Xinhua that China and the Maldives are in a position to expand economic cooperation across wide areas.

“The ambassador said that the current Maldivian government is trying to diversify its single economic structure and is committed to attract more foreign investments, including those coming from China,” wrote the state news agency.

“Wang noted that since Maldives is located in the heart of the Indian Ocean, it is an ideal hub for trade between East and the West and that every year a large number of cargo ships pass through the Maldivian territorial waters.

Since Maldives is also a member of South Asian Association for Regional Cooperation (SAARC), it enjoys preferential tax in the region. With the help of these benefits, the Maldivian government aims to actively attract foreign investments, establish special economic zones and develop transshipment and manufacturing industries.

The Maldivian government organized the first “Maldives Investment Forum” in Singapore in April, promoting five mega- projects, including the special economic zones, expansion of Ibrahim Nasir International Airport, Hulhumale’ Phase II development, expansion of Male Harbor and oil exploration.

Currently, the Maldivian government is formulating a Special Economic Zone Bill which aims to provide more incentives to foreign investors in terms of tax breaks, relaxed financial requirements and preferential land use.

Ambassador Wang stressed that China and Maldives could focus on enhancing cooperation in three areas.

‘The first is tourism cooperation. Since 2010, China has remained the largest source of tourist arrivals in the Maldives. In 2013 alone, more than 330,000 Chinese tourists visited Maldives. In the future, both sides could encourage more Chinese tourists to visit Maldives. Maldives could attract potential Chinese companies to invest in the tourism sector of the country,’ Wang said.

The second area for cooperation between the two countries is infrastructure development.The new Maldivian government could initiate large-scale infrastructure projects where Chinese enterprises could participate, he said.

The third area is maritime cooperation. Wang said that China is willing to train maritime personnel, discuss and sign memorandums of understanding in the area of maritime cooperation, strengthening cooperation in fisheries, marine research, protection of ecology and environment as well as climate change.”

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Maldives to boycott Israeli products, annul bilateral agreements

The Government of Maldives has today announced the boycott of Israeli products and the annulment of bilateral agreements with the country.

“President Yameen and the Maldivian citizens are with the Palestinian people”, said Foreign Minister Dunya Maumoon at a press conference this afternoon.

Dunya also announced that the Maldives would join other Arab nations in co-sponsoring a resolution at this week’s special session of the UN Human Rights Council (HRC) calling for the protection of an independent Palestinian state and the extension of humanitarian aid.

As well as an admittedly “symbolic” boycott of Israeli products, three agreements – signed in 2009 under the administration of President Mohamed Nasheed – would now be annulled, explained the foreign minister.

The agreements involved cooperation in areas of health, culture and education, and tourism.

“I do not think Maldivians want any help from Israel or want to keep up relations with Israel. So from now on, the agreements have been annulled,” she said.

While she noted that neither that former President Maumoon Abdul Gayoom nor the current government believed in maintaining such relations, she stopped short of announcing the severing of diplomatic ties.

Criticising Nasheed for having established diplomatic relations with Israel, Dunya said that his current statements in support of the Palestinians could not now be accepted.

Addressing the UN General Assembly in 2009, Nasheed argued that renewed diplomatic relations with Israel would be used to reiterate the Maldives’ support for a two state solution.

Boycott

Acknowledging the impact of the Maldives’ boycott would be small, Dunya today noted that other small nations had done likewise with symbolic acts that had been appreciated by the Palestinian government.

“Even though what we give is small or symbolic, the way it is received is important. The message we want to give is we are with the Palestinian people,” said Dunya.

Explaining the boycott, Mohamed Hussain ‘Mundhu’ Shareef, minister at the President’s Office, said the government would soon announce a moratorium on the import of Israeli goods into the country after discussions with the Ministry of Economic Development and Maldives Customs Services.

While the government is calling on businessmen to join the boycott, it will still be possible for some Israeli products to enter the Maldives as the country does not check for the country of origin or manufacturers of imported products. Even so, the government will remove such products from shops in accordance with the Customs Act.

Shareef said that the Maldives may consider lifting the moratorium if the Israeli government’s violation of international resolutions stop.

Regarding other economic links, he noted that there were few tourists arriving in the Maldives from Israel and that there were no Israeli investments in the country.

“Israeli investment is not important for us. We want investments from countries with human rights practices that are acceptable to us,” said Shareef.

Israeli tourists – numbering 2,569 in 2013 – constituted 0.3 percent of total tourist arrivals. In June 2014, 254 Israeli tourists visited Maldives, a 72 percent increase from 12 months earlier.

Domestic pressure

At home, the government remains under pressure from both the opposition and civil society who have called for bolder action concerning the recent escalation of violence in Gaza.

After the opposition leader Nasheed called on human rights defenders to raise their voices against “indiscriminate killings in Gaza”, his Maldivian Democratic Party (MDP) held a rally on July 12 in Malé criticising the government’s initial silence.

On the same day, President Abdulla Yameen phoned Palestinian President Dr Mahmoud Abbas to condemn “Israel’s inhuman actions”, and pledged to do everything necessary in the international arena to aid Palestinians.

Days later, thousands of Maldivians from all sides of the political spectrum gathered across the country to rally in protest against the Israeli offensive.

Nasheed has since called on MDP members to take the initiative and go to Gaza in order to act as a “human shields” protecting Palestinians.

Those who organised the nationwide rally are currently circulating a petition to be submitted to the People’s Majlis calling for a resolution to be passed by MPs.

Speaking to Minivan News, a member of the group said that over 8000 signatures had been collected in just two evenings. Working alongside civil society organisations in the atolls and local councils, many more were expected.

A second online petition has also been launched calling on the government to use Maldives’ seat in the UN HRC to request an investigation into human rights violations in Israel and Palestine and to hold discussions to find a peaceful resolution to the conflict.

The religious conservative Adhaalath Party, along with 11 civil society organisations, had established a donation fund to assist Palestinians affected by the ongoing conflict.

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STO plans pharmacy and supermarket in Hulhumalé

The State Trading Organisation (STO) has plans to open both a pharmacy and a supermarket in Hulhumalé, local media has reported.

STO Managing Director of Adam Azim has said that a supermarket for the residents of the Malé suburb would ease the numbers of people having to travel across to the main island of the capital.

Meanwhile, Azim is also reported to have told media that a new 24 hour pharmacy will open within the next two weeks.

“This is something that is needed immediately for the people. The people of Hulhumalé have to travel all the way to Malé to buy medicine most of the time,” Miadhu quoted Azim as saying.

The artificial island of Hulhumalé has been targetted for a number of developments by the current government.

Plans have recently been finalised to double the size of the island, while President Abdulla Yameen has plans to develop a ‘youth city’ of 50,000 people, serviced by a bridge between the capital’s largest two islands.

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Turkish citizen arrested with gun parts released

A Turkish national arrested earlier this month for being in possession of gun parts has been released after police decided that the parts could not have formed a working weapon.

Local media also reported that the Prosecutor General’s Office had decided the individual could not be prosecuted. Haveeru believes the man was released upon expiry of his detention period last Sunday (July 13th).

The arrest was made at Ibrahim Nasir International Airport after parts of a gun were found in his luggage.

According to local media, the man was a crew member of a Turkish oil tanker and was among nine crew members attempting to leave via INIA.

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Minister reveals foreign investors’ interest in youth city project

Youth Minister Mohamed Maleeh Jamal has revealed that investors from four countries have shown an interest in the Hulhumalé youth city project.

Speaking with Haveeru, Jamal said that companies from Austria, China, Malaysia, and Thailand had made enquiries regarding the development, pitched to the international business community during April’s Singapore investment forum.

“We have received very good proposals. A lot of foreign investors are interested in this project. We can go forward with the Youth City project as soon as Hulhumale land reclamation is complete as per the second phase,” Jamal told Haveeru.

The deal to reclaim land to the north of the artificial island was finalised with Belgian company Dredging International last week, which is expected to have more than doubled the size of the Malé suburb by next February.

A flagship programme in President Abdulla Yameen’s development policy, the youth city is projected to have a population of 50,000.

The project is reported to involve youth-specific housing, international class sports facilities, a theme park, yacht marina, and a tourism district.

Last month, the government revealed that three Chinese companies had expressed interest in the ambitious bridge project designed to link Hulhumalé the crowded capital island of Malé.

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MDP calls parliamentary debate on Supreme Court Judge Ali Hameed sex tape scandal

The opposition Maldivian Democratic Party (MDP) has called for a parliamentary debate on the judicial watchdog’s decision to clear Supreme Court Judge Ali Hameed of misconduct charges in a sex tape scandal.

The Judicial Services Commission (JSC) on June 25 claimed insufficient evidence to indict the judge in a court. The three sex tapes leaked on social media appear to show Hameed fornicating with three different foreign women in a Colombo hotel room.

The commission did not suspend Hameed in the course of investigations despite several sub committee recommendations.

Critics have since argued the JSC is mandated to conduct disciplinary investigations which entail different penalties than criminal investigations.

MP Imthiyaz ‘Inthi’ Fahmy in a resolution on Wednesday said the JSC decision has “closed all the doors for unveiling the truth regarding the case.”

The resolution also stated that the JSC contravened its own standards in determining misconduct in order to save Judge Hameed, and had “sacrificed judicial independence and the Constitution and prioritized [Judge] Ali Hameed’s interests” by purposefully delaying the case for over a year.

In serious cases of corruption and misconduct, allegations must be investigated promptly and the judge must be suspended until investigations are completed, Fahmy noted.

Further, the JSC decision to retain a judge perceived to be “corrupted, shamed, dishonored and blackmailed’ on the Supreme Court bench affects the freedom and independence of the apex court and undermines trust in decisions of all other courts, the resolution said.

The JSC has violated the public’s constitutionally enshrined right to a fair trial at a free and independent court, Fahmy said.

The first reading of the resolution was held on Wednesday. It will be opened up for debate within a seven day period and MPs will cast a vote to accept or reject the resolution.

Speaking to Minivan News, Fahmy said he wanted a parliamentary probe in to the JSC decision.

“The decision has set a very wrong standard, we cannot allow this to continue. The JSC does not have to use criminal standards in a disciplinary case like this, anyone familiar with law will know with that. The parliament should look in to this and hold JSC accountable,” he said.

However, given the ruling Progressive Party of the Maldives (PPM) avoidance of the subject of judicial reform, Fahmy said he is skeptical of the outcome of the resolution. The PPM currently holds a majority in the parliament.

“Even so, I hope the parliament will approve this for the sake of an independent judiciary and justice. The hope is to reform the judiciary in this country,” Fahmy said.

Despite international and domestic criticism of the judiciary, President Abdulla Yameen has failed to respond to the issue. Yameen has said he left the subject out from his first presidential address due to the trust and respect he has for the judiciary.

Sex, corruption

The police formally launched an investigation against Hameedin July 2013 after still images of the sex tape began circulating on social media.

The police investigations consisted of two-parts, one concerning the content of the video and another regarding the use of the tapes to blackmail Hameed. At the time, the JSC voted not to suspend Hameed citing lack of evidence.

Soon afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women surfaced on social media.

In December 2013 the police stalled investigation claiming they were unable to ascertain the identity of the man in the sex tapes.

At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September. The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.

A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a vote.

The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.

“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the association said in a statement at the time.

In May, the police closed investigations and said it would only open the case if it receives new information.

In another leaked video , Hameed allegedly suggested he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010. However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.

A 2010 audit report of the Department of Judicial Administration reveals that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

The Supreme Court has dismissed allegations of corruption.

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Less people eating during day time this Ramadan, reveals police statistics

The number of individuals arrested from Malé city for eating during daylight hours in Ramadan has decreased by 83 percent when compared to 2013, reveals police statistics.

Only five were arrested in the first two weeks of Ramdan for eating while 31 cases were reported in the same period last year. According to the police, two cases of eating during daylight hours were reported every day last year.

Consumption of food without a reasonable excuse during Ramadan is prosecuted as a criminal offense in the Maldives.
The cases are usually proved with testimonies of eye witnesses or the perpetrator. Those guilty are fined with MVR 150 for “disobedience to orders” under article 88 (a) of the Penal Code.

Three men were arrested on the first day of Ramadan (June 29) for smoking cigarettes while fasting. All three had criminal records. One of them was caught inside a public toilet. That same week, another man was caught eating on the stairs of his apartment building and suspected drugs were also found on the latter.

On July 1, a 37-year-old man was arrested for eating dates from a breakfast table at a Male’ mosque, just before sunset. Police told local media he had also smoked a cigarette after eating from the mosque.

In April, a man who had been caught smoking a cigarette during Ramadan in Malé was fined and in July another man was fined for chewing arecanuts during daylight hours.

A police spokesperson told Minivan News that arrests are made based on reports or if police witness individuals eating in public spaces. The police will attend to cases where people are reported to have eaten in a private place.

Both the Maldives Police Services and Islamic Scholars are creating more public awareness in order to reduce such crimes, the police said.

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