Tag: Maldivian Democratic Party (MDP)

Spy camera footage appears to show Supreme Court Justice discussing politicisation of judiciary, Feb 7

A spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary has surfaced on social media networks.

Local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The video appeared shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice.

The spy camera footage, which carries the date January 24, 2013, shows the pair discussing how politicians have been influencing the judiciary.

Both men speak in the Addu dialect of the local Dhivehi language. Due to noise from a television near the camera, much of the conversation is unclear.

The individual believed to be Justice Hameed appears frustrated over political manipulation of the judiciary.

He claims feuds between politicians were being settled through the court even though these did not involve the law or any legal issues.

He names politicians including Abdulla Yameen, the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom, as well as the running mate of incumbent President Dr Mohamed Waheed Hassan, Ahmed Thasmeen Ali – also the leader of the Dhivehi Rayyithunge Party (DRP).

In the video, one of the men claims that he had heard plans of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,” however, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The person believed to be Hameed says, “If it comes into my hands, I will kill him off.”

Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he adds (01:49, unclear).

However, he also claims that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

“Politicians can resolve their failures if they work on it, what the judiciary has to do, what we have to do is when these baaghees (traitors) file cases, we should say, ‘That it is a political matter. That it’s not a judicial issue. It’s not a legal issue. So don’t drag us into this. There is no legal dispute,’” he is heard saying earlier.

Referring to an unidentified group of people, he says if “they have a balanced thinking, then we will do things in a balanced way”, and asks the other individual, believed to be Saeed, if this would upset anybody.

Saeed questioned

Following the release of the video, Mohamed Saeed was twice summoned to the police for questioning, but details of the case or the topic of questioning have yet to be revealed.

However, Saeed’s lawyer Noorban Fahmy told media that Saeed opted to remain silent in the later session after he was first questioned without the presence of a lawyer.

Following the release of the camera footage, opposition Maldivian Democratic Party (MDP) MP Alhan Fahmy – newly reunited with the party after a stint in the Jumhoree Party (JP) – alleged police had attempted to coerce one of his constituents in Feydhoo to confessing that Fahmy had made the video.

During a party rally in the Maafanu ward of Male’ on Saturday, Fahmy called for action against the judge regardless of the origin of the footage.

“I want to say is that we don’t need to see who made the film and who shot the film. The judge who has behaved indecently must be brought to justice. I want to say that judges who lose all their dignity through adultery and indecent behavior cannot remain as judges at courts,” he alleged.

“The video has come to our attention”: JSC

Judicial Service Commission (JSC) Spokesperson Hassan Zaheen told local media that the commission had learned about the video through media reports.

He explained that the legal department would first analyse the video and then decide whether the case was one the commission should investigate.

The leaked footage follows leaked photos of Supreme Justice Ali Hameed in a hotel room with a woman that began circulating on social media in March this year.

According to the Supreme Court website, Hameed graduated in 1991 and was awarded a Bachelor of Shari’ah and Qadhaa (Shari’ah and Law) degree from Ummul-Qura University in Mecca, Saudi Arabia.

In addition, the website claimed that he was awarded a fellowship from the Commonwealth Judicial Education Institute, Canada.

Gross misconduct within judiciary: lawyers

In June, former Attorney General Husnu Al Suood alleged to local media that Yameen and Deputy Speaker of Parliament Ahmed Nazim, along with retired Supreme Court Judge Mujthaz Fahmy, had long been in the business of influencing judges and their verdicts.

“The entire judiciary is under the influence of [retired Supreme Court Judge] Mujthaaz Fahmy ,” Suood alleged.

Suood further alleged that Deputy Speaker Nazim had close ties with members of the Judicial Service Commission (JSC), and said several judges had confided to him that Yameen had on several occasions given instructions to the judges over the phone as to how their sentences should be phrased.

Despite claiming to have strong evidence to support his allegations, Suood admitted that it would be extremely difficult for the authorities to take action against the three individuals.

Suood further contended that the JSC had been taken over by “dark powers”, and that it was fully under the control of certain political figures.

All three individuals accused by Suood dismissed the allegations in local media, with Yameen describing them as an “outright lie”, and expressing frustration claiming that it had become common for people to make erroneous and slanderous remarks against political figures.

“This would not have happened if defamation had been kept as a criminal offence. All this is happening because defamation has now been changed to a civil wrong,” the presidential candidate said at the time.

Tip of the iceberg?

Supreme Court misconduct has also previously been alleged by former Human Rights Minister and Attorney General Dhiyana Saeed, who claimed a Supreme Court judge requested she file a case against former President Nasheed in a bid to prevent him from running for presidency in the 2013 presidential elections.

Dhiyana in her claim did not mention the name of the judge. However, she said at the time that a judge on the Supreme Court bench had told her that he had personal scores to settle with Nasheed.

According to Saeed, the said judge had personally instructed her on the cases she should file against the former President. Saeed alleged the instructions were given at a meeting held in the judge’s house at his request following Nasheed’s controversial resignation on February 7, 2012.

Among the suggestions allegedly made by the judge included a case concerning Nasheed’s decision to remove eight members appointed to parliament by former President Maumoon Abdul Gayoom, prior to the ratification of the constitution.

Another suggestion included refiling a case filed by Jumhoree Party (JP) Youth Wing Leader Moosa Anwar in 2008 against Nasheed. This case claimed that Nasheed was convicted and sentenced for theft – a ‘Hadd’ offence under Sharia’ law – in similar bid to bar his candidacy ahead of the 2008 presidential elections.

Saeed also alleged that this judge was “involved” in the Supreme Court’s decision to declare the legitimacy of the controversially-formed Hulhumale’ Magistrate Court.

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MDP Youth Wing President sues police for “unlawful” confiscation of mobile

The Youth Wing President of the Maldivian Democratic Party (MDP), Aminath Shauna, is suing the Maldives Police Service (MPS) for the “unlawful” confiscation of her cell phone, reports local media.

Her mobile phone was confiscated following her arrest during a July 2012 MDP protest. As her phone was held against a court order, according to Shauna, she is seeking a Civil Court ruling that declares the police action was illegal.

“I was arrested on allegations that I obstructed police duty. After arresting me around 6pm, the [Criminal] court order to confiscate my phone was sought around 10pm,” Shauna told local media. “The court order’s date was stated as July 7, but I was arrested on July 13.”

MPS attempted to return her mobile after she filed the Civil Court case, however Shauna refused to accept the phone until the court issues its verdict.

“I said I will accept the phone only after the court makes a decision on the matter,” Shauna said.

“Moreover, only through the trial I came to know that the police are trying to place terrorism charges against me. But I was arrested on charges of obstruction of police duty,” she added.

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MP Ahmed Mahloof quits as PPM spokesperson: media reports

Progressive Party of Maldives (PPM) MP Ahmed Mahloof has today resigned from his position as spokesperson for the party, according to local media.

Sun Online reported that MP Mahloof had confirmed his intention to resign as the PPM spokesperson via text message, but did not clarify the reasons for the decision.

Meanwhile, a PPM official was quoted as saying that the party’s office had not officially been informed of Mahloof’s decision, but had received a text message informing them of his intention to resign from the position.

Mahloof and fellow PPM MP Ahmed Nihan were not responding to calls at time of press from Minivan News to clarify the reports.

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Jumhoree Party Leader Gasim Ibrahim confident of securing presidential election in first round

Business tycoon and leader of the government-aligned Jumhoree Party (JP), MP Gasim Ibrahim, has expressed confidence he will win the upcoming presidential election in the first round of voting.

Speaking at a rally in the party’s Male’ headquarters yesterday (June 16), Gasim was quoted in local media as claiming that he was well placed to become the Maldives’ next president based on a recent spike in the JP’s membership.

According to the latest statistics from the Elections Commission (EC), the JP’s current membership stands at 12,154 members (five percent of eligible voters) with a further 1,374 membership forms pending approval.

The JP, a member of President Dr Mohamed Waheed’s coalition government, recently announced that it would decide whether to contest the election alone or within a coalition after the conclusion of its national conference later this month.

However with the party expected to officially unveil its leader during the congress, MP Abdul Raheem Abdulla said the JP anticipated fielding its own candidate during the election.

“What I will say is that our articles and regulations state that our leader has to run as a presidential candidate. We have to run for the seat on our own,” he said last week.

Raheem added that the party did nonetheless have criteria under which it would look to join a coalition.

Speaking last night, Gasim predicted a growing number of MPs would join his party and unite behind him in order to back a candidate he claimed could steer the country from corruption.

“[That leader] is Gasim Ibrahim,” he said.

Gasim is also the chairman of the Villa Group, which owns resorts, shipping lines, electronic stores and a cement packing factory in the Maldives. Gasim also owns private broadcaster Villa Television (VTV), and is a member of the Judicial Services Commission (JSC).

The MP for Maamigili claimed a surge in his party membership suggested that people were now thinking about what was best for the country and which party offered the best solution to the nation’s woes.

Gasim maintained that the public ultimately did not wish to elect a leader who would defy them, claiming instead that they wanted an experienced person capable of running the country.

“Even a fishing vessel must be handed over to a good captain,” he stressed.

Gasim claimed that with his wealth he had provided education for a lot of students, as well as covered medical expenses for a number of citizens.

If elected president in September, Gasim pledged to continue providing further help to the people, something he claimed the public were already aware of.

JP Spokesperson Moosa Rameez was not responding to calls at time of press regarding the comments.

The election is set to take place on September 7, and the Elections Commission (EC) has announced that a total of 241,000 people will be able to cast their vote in the second multi-party presidential vote to be held in the country since ratification of the 2008 constitution.

Two major political parties in the country – the opposition Maldivian Democratic Party (MDP) and former President Maumoon Abdul Gayoom’s government-aligned Progressive Party of Maldives (PPM) – have so far announced their intentions to field candidates.

Incumbent President Dr Mohamed Waheed has also announced his intention to stand, backed by a coalition including his own Gaumee Iththihaadh Party (GIP), the Dhivehi Rayyithunge Party (DRP), Dhivehi Qaumee Party (DQP) and religious conservative Adhaalath Party (AP).

The opposition MDP is fielding former President Mohamed Nasheed, who controversially resigned from office following a violent mutiny by sections of the police and military on February 7, 2012.

Both Nasheed and his party continue to allege his government was toppled in a bloodless coup d’etat, accusations that were later rejected by a Commonwealth-backed Commission of National Inquiry (CoNI).

The PPM will meanwhile be fielding former President Gayoom’s half-brother, MP Abdulla Yameen Abdul Gayoom, as its presidential candidate. Yameen secured the party’s ticket after a fierce presidential primary against former PPM activist Umar Naseer. Naseer was later dismissed from the party after making accusing Yameen vote rigging in the primary.

First round claims

Election rules dictate that a candidate must secure over 50 percent of the popular vote to secure the presidency in the first round. Should no candidate secure a simple majority, a run-off second round election is then required to be held 20 days later between the top two candidates.

Former President Nasheed, who commands the single largest political support base in the country in terms of party membership, has previously predicted that he would win the election within the first round with a 57 percent popular vote. The party claims to have been pledged 125,000 votes already – 52 percent of total eligible voters, or almost 60 percent of the first round assuming an 85 percent voter turnout (as the figure stood in 2008, another ‘high stakes’ election).

Former DRP Spokesperson Ibrahim Shareef said the party, which is backing President Waheed in the election, did not believe there was a single party in the country capable of securing an outright win in September.

“No party in the country will get more than 35 percent of the vote during the first round, even the MDP which remains the biggest single party,” he said last month.

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President Waheed met with angry protests during “bittersweet” campaign trip to Thinadhoo

President Mohamed Waheed’s maiden campaign trip to Thinadhoo in Gaaf Dhaal Atoll was met by hundreds of angry protesters who came out in opposition to the government’s heavy crackdown on the island following Waheed’s controversial ascension to power on February 7.

President Waheed has launched his presidential campaign under the slogan “forward with the nation”, after unveiling Ahmed Thasmeen Ali – leader of government-aligned Dhivehi Rayyithunge Party (DRP) – as his running mate.

Waheed is backed by what he contends is a “broad-coalition” of political parties including his own party Gaumee Iththihaadh Party (GIP), the DRP, Dhivehi Qaumee Party (DQP) and religiously conservative Adaalath Party (AP).

At present, Waheed and Thasmeen will be standing against former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM) candidate Yameen Abdul Gayoom – Gayoom’s half brother, and opposition Maldivian Democratic Party (MDP) candidate former President Mohamed Nasheed.

He is also expected to face a candidate from the government-aligned Jumhoree Party (JP), presently led by MP Gasim Ibrahim.

Following the scuffle on Thinadhoo – Waheed’s mother’s home island – the President expressed frustration over the incident on social media service Twitter, in which he blamed Nasheed and the MDP and declared that such actions “do not bear well for a free and fair election”.

Speaking to local newspaper Haveeru, Waheed’s party Gaumee Iththihaadh Party (GIP) spokesperson Abbas Adil Riza alleged a group of MDP supporters came out to protest against Waheed. Some protesters also assaulted MP Ibrahim Muthalib from the Adhaalath Party, he alleged.

Riza claimed that Muthalib was saved from the protesters after the police intervened and calmed the situation.

According to media reports, objects including water bottles were also seen thrown at Waheed.

Thinadhoo saw some of the strongest reactions to the February 8 crackdown on protesters in Male’, with government offices and police stations destroyed across the island. Islanders were also reported to have blockaded the arrival of police reinforcements for days afterwards.

Police eventually arrested 17 people and later sent the names of 108 persons involved in the demonstrations for prosecution.

Family members no longer speak to me: President Waheed

Speaking at a campaign rally on the island, Waheed conceded that several family members including those residing on the island no longer spoke with him after the controversial transfer of power on February 7, 2012.

Waheed acknowledged that one of the main reasons why some of his family members had deserted him was that he was now working closely with those who had strong affiliations with former President Maumoon Abdul Gayoom’s 30-year autocratic regime. He said noted that his detractors included his own brothers and sisters, as well as cousins and nephews.

“It feels like they are trying to say that their brother doesn’t love them that much – and that is why he is working with people who we hate,” Waheed observed.

Waheed also spoke to the islanders about how his mother was subjected to torture and inhumane treatment following her mild criticism of Gayoom’s regime.

“As you would all know, back [during Gayoom’s regime] the political environment was such that criticising the government was a big crime. My mother while watching the TV said that Gayoom had lied. After that it was a very bitter experience,” he recalled.

“The poor lady was dragged to court, people gathered around her on the streets and pulled her hair, spat on her and committed other derogatory acts at that time in Male’.”

Waheed claimed that his mother never had any involvement in local politics and admitted that none of his family members would forget how Gayoom’s regime treated his mother.

Waheed said that despite this, the circumstances following the controversial resignation of former President Nasheed required him to take over the presidency. For that reason, Waheed said he had invited all political parties in the country to join his government.

“Among these [members of political parties] included those who caused such grief to my family. It is not that I don’t know who these people are, or that I chose to work with them. What was best for the country at that moment was for me to set aside my personal vengeance and to prioritise the country before my personal emotions,” he contended.

“Some of my family members could not take that. The result was that some of them, to this date, do not speak with me. Some of them even live in this island,” he said.

“Arriving in Thinadhoo gives me a bitter-sweet taste,” he added.

February 7

Nasheed’s arrest of Chief Judge of Criminal Court Abdulla Mohamed led to 22-days of continuous anti-government protests initiated by religious scholars and opposition leaders. This culminated in a police and military mutiny and the controversial stepping-down of former President Mohamed Nasheed on February 7, 2012.

Waheed – who was then vice-president – had shortly before the resignation publicly come out against Nasheed and joined the revolt, meeting key opposition party members in his residence at late hours the previous week.

Less than four hours after Nasheed resigned, Waheed took oath as the President, dismissed all Nasheed’s ministers and formed a coalition government with Nasheed’s political opponents.

Following the regime change, thousands of demonstrators came out in protest. Police retaliated with a brutal crackdown in front of international media.

The protests quickly spread across the country leading to arson attacks against government offices and the police stations.

“In essence, my statement is very small… I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” Nasheed told the Commission of National Inquiry (CNI) that later investigated the transfer of power.

Despite the claim, the Commonwealth-backed CNI which included Waheed’s three hand-picked members, a Singaporean judge chosen by the government and a single representative from Nasheed who resigned in protest, dismissed allegations of a coup.

Subsequent legal analysis of the CNI final report by a team of high-profile Sri Lankan lawyers – including the country’s former Attorney General – accused the commission of exceeding its mandate, selectively gathering and acting upon evidence, and failing to adequately address the fundamental issue with which it was charged: determining whether former President Mohamed Nasheed resigned under duress.

Waheed has repeatedly dismissed the allegations and police have threatened to arrest anyone calling them ‘Baaghee’ (‘traitor’).

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President Waheed pledges housing policy as part of election campaign

President Mohamed Waheed Hassan has pledged to establish a housing policy for the people of Male’ as part of his bid to secure election in the upcoming presidential elections.

President Waheed assumed power after the sudden resignation of his predecessor, former President Mohamed Nasheed on February 7, 2012, following a mutiny by police and the Maldives National Defense Force (MNDF).

Speaking during a rally held by his own party Gaumee Iththihaadh Party (GIP) on Saturday night, President Waheed claimed that it was his hope to provide separate housing for every Maldivian.

A website was also launched in collaboration with the GIP and a local NGO, Magey Male’ Foundation, to brief the public about congestion in Male’.

Social issues

President Waheed during the rally claimed that one of the major reasons contributing to increased criminal activities, drug abuse and divorce rates was the lack of housing available within the country to build a family.

Waheed noted that there were approximately 80,000 residents in Male’ including those who had migrated to the capital for various purposes, while population of the city stood at 150,000 – half of whom do not have their own housing.

“This is not something we can delay. Therefore, the government has planned to speed up the land reclamation from Hulhumale and I would like to inform on this occasion that the government has begun evaluating bids proposed by parties who expressed interests in carrying out the project. The result would mean Hulhumale’ will in the future be twice the size it is today,” President Waheed said.

Waheed also said that the capital Male’ belonged to all the people of the country and therefore services provided in the capital should have the capacity to provide these services all people.

He also said that projects seeking to provide fundamental needs of the people should not be fashioned around “the problems faced yesterday”, but rather address the issues that would be faced in the future.

“As these are the circumstances we are facing, I intend to form a committee consisting of technocrats and experts in the field to see how the problems faced by the capital Male’ can be addressed and resolved. At the same time, within our broad coalition, we will work on policies that would better the current situation of Male’,” he said.

Situation on the islands

Waheed highlighted that people from islands are still unable to get basic services and conceded that his government was unable to take adequate measures to develop these islands.

“[The lack of basic services] was significantly noticed during the 2004 tsunami crisis. The whole world has witnessed the difficulties endured by the people,” he said.

Furthermore, Waheed said that the ratification of the 2008 constitution meant that people who were in charge of the country were forced to address the issues faced by the people instead of consolidating power. It also forced the speeding up of infrastructure developments such as harbours, airports and sewerage systems, President Waheed said.

The solution to the problems, the President said, was to developing well populated islands throughout the country.

“Our hope is to build more housing facilities on such islands and provide basic services such as electricity, water and sewerage systems and let the population in those islands grow further.  I hope that land reclamation on such islands will begin soon,” he said.

“AT this critical time, political parties uniting with one another for the sake of the country is similar to that of two neighbours teaming up to address big issues. Therefore, unity and cooperation do not have a set time or a set venue to take place and neither do they belong to a separate system,” he added.

Waheed during his speech also claimed that he was a person who considered advice, rather than taking matters into his own hands, and said he would therefore only make important decisions after discussing them with necessary stakeholders.

Party reinforcements

During the rally, two members of parliament, former Progressive Party of Maldives (PPM) MP Ahmed Shareef and Independent MP Ahmed ‘Kurendhoo’ Moosa, officially announced they would be joining GIP.

Male City Council member and former Male Mayor ‘Sarangu’ Adam Manik also announced his defection from the MDP to GIP. Along with Manik, former PPM member and former MP Jaufar ‘Jausa Jaufar’ Easa Adam joined the party.

The GIP spokesperson’s phone was switched off at time of press.

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Raajje TV alleges Maldives Broadcasting Commission warning “biased”

Raajje TV claims a warning issued to them late last week by the Maldives Broadcasting Commission was biased, given their lack of transparent procedures for determining code of conduct violations.

“The Maldives Broadcasting Commission (MBC) sent a letter to Raajje TV last Thursday (June 6) saying the news aired on 23 February 2013 violated their code of conduct,” Deputy CEO of Raajje TV Yamin Rasheed told Minivan News today (June 8).

“Raajje TV strongly believes the commission’s decision is biased and will appeal to Maldives Media Council (MMC), the highest authority,” Rasheed stated.

MBC investigated a complaint that Raajje TV “broadcast false information” when its news-ticker displayed information that the Progressive Party of Maldives (PPM) had called on its members to slaughter Maldivian Democratic Party (MDP) members, Sun Online reported.

The commission’s investigation concluded that Raajje TV violated the code of practice by “showing images, sounds or texts of content that might damage a person’s dignity or is demeaning in nature”, as stated in articles 3(a), 5(a) and (b), according to local media.

“The ‘caution’ [letter MBC issued] is a warning. If that repeats they will take actions within broadcasting law, which might include temporary suspension of Raajje TV’s broadcast licence,” Rasheed explained.

He believes that MBC’s investigative decision making process is bias, because there is no transparent procedure for determining [code of] conduct violations.

“It is not clear how they concluded these statements, there is no clear procedure, it is not publicly announced,” said Rasheed. “I don’t know how they came to that conclusion.”

“We trust our journalists to report what they hear and see as true, they report the facts,” he stated.

Regarding the February 23 broadcast in question, Rasheed explained that “PPM officials called the MDP a terrorist group at that rally, we have the recorded footage.”

“Yet we don’t know what the opposition submitted against us, we don’t know specifically what the MBC is concerned about [regarding the code of conduct],” said Rasheed.

Rasheed claimed that MBC had “done nothing” in regard to code of conduct violations committed by Television Maldives (TVM), Villa TV (VTV), DhiTV and their sister network DhiFM, which “shows their bias”.

“DhiTV and VTV are constantly harassing politicians, for example saying Nasheed is anti-religious and many other things against him. DhiFM has shown pornographic footage, while the state broadcaster TVM has shown anti-social footage related to Maldivian culture of couples kissing, which is illegal,” alleged Rasheed.

VTV is owed by resort tycoon and Judicial Services Commission (JSC) member, Jumhoree Party (JP) Leader and MP Gasim Ibrahim.

DhiTV and DhiFM are predominantly owned by Champa Mohamed Moosa, a prominent businessman and resort owner in the Maldives.

In March 2013, MBC called for the Maldives Media Company, which owns DhiFM Plus, to air a statement of apology without any reservations from the station for violating the broadcasting code of conduct after allegedly airing pornographic content during a late night news show.

In July 2011, MBC reprimanded DhiFM for repeated use of “indecent language” during programmes aired by the radio station and simultaneously broadcast live by sister network DhiTV in its “visual radio” segment.

The Maldives Broadcasting Commission, as well as its Vice President Mohamed Shahyb, were not responding to calls at time of press.

Maldives Media Council support

Raajje TV plans to appeal the MBC warning with the MMC on Sunday or Monday, according to Rasheed.

“The only thing we see from MBC is the intention to penalise media,” claimed Rasheed.

Conversely, Rasheed praised the MMC for their positive interactions with and support of free press in the Maldives.

“The media council is our parental body, was elected from within the media groups, and is more independent than the commission,” said Rasheed.

“They have a responsibility to protect our rights and regulations and are doing things for media freedom as well as giving us many training opportunities,” he continued.

“They are more all-encompassing in dealing with media because they deal with both print and broadcast journalism,” he added.

Rasheed hopes to receive MMC support in regard to the MBC warning issued, since they previously filed a case with the prosecutor general against the President’s Office for intentionally not cooperating with Raajje TV.

In April, the Civil Court ruled in favour of Raajje TV in its lawsuit against the President’s Office for barring the opposition-aligned television station from President Dr Mohamed Waheed’s press conferences and functions.

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Judiciary needs transitional arrangement before elections: former JSC member

The former Presidential Member of the Judicial Service Commission (JSC) Aishath Velezinee has called on international organisations to lead a transitional arrangement for the judiciary prior to September’s presidential elections.

UN Special Rapporteur for the Independence of Judges and Lawyers Gabriela Knaul’s final report to the UN Human Rights Council extensively outlined the political, budgetary and societal challenges facing the judiciary and wider legal community, as well as the politicisation of the Judicial Services Commission (JSC) and its failure to appoint qualified judges under Article 285 of the constitution.

The Special Rapporteur also expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

“The UN special rapporteur’s report has raised very serious concerns that the public should be thinking about, because it has implications that affects every single individual in this country, the report is not for the state alone,” said Velezinee during a press conference held on June 5.

“The report raises questions regarding the impartiality of the supreme court. It highlights a political bias in the supreme court,” Velezinee said. “If we are going to allow the supreme court to be the decider on elections, there is very little reason for the public to have confidence in the election results.”

Velezinee noted that because only three months remain before the September 7 presidential elections, “It is time for the parliament and for the leaders to sit down together and come to a transitional arrangement.”

“That transitional arrangement should include a bench or some system outside of existing courts, outside of the supreme court, that will have a final say on all election related issues,” she stated.

“It can’t be done only locally. We need the expertise, presence and participation of the International Commission of Jurists as well as the UN in a transitional arrangement,” she continued.

“Considering the status of the state today, we need a partnership. Bilateral participation would not be something to promote, the best thing would be to have broader participation with international partners,” Velezinee added.

Resistance to consolidating democracy

“Our country today is at a serious critical junction and the issues are all coming from resistance to consolidating democracy,” said Velezinee.

“One of the most serious issues noted in the [UN special rapporteur’s] report is the misconstruing of democratic concepts in the constitution, and the use of these for personal gain by state officials within the JSC, Supreme Court, as well as parliament.”

“After elections the judiciary must be overhauled,” she declared.

The JSC was required to re-appoint judges under Article 285 of the constitution who possessed “educational qualifications, experience and recognised competence to discharge the duties and responsibilities of a judge, and must be of high moral character.”

“It is only through acknowledgement and acceptance that we have breached the constitution on article 285 that we will have the opportunity and the legitimacy to overhaul the judiciary,” explained Velezinee.

“That is very important, unless we do that we may fall into a cycle of coups… and this will go on unless the judiciary functions correctly.”

Velezinee said that while only the Maldivian Democratic Party (MDP) “has stood by the constitution”, it had failed so far to directly address the controversial re-appointment of unqualified judges to the judiciary.

“I have heard the MDP talk about problems in the judiciary and with individual judges, but I am disappointed I have not yet heard them speak of the constitutional breach of article 285,” she told Minivan News.

“[Parliamentary Speaker Abdulla] Shahid is an expert on democracy and is ready to intervene to return the Maldives to the constitution,” claimed Velezinee. “Having Shahid join the MDP is good because now they can go ahead and return the country [to constitutional rule].”

“I also welcome [former Attorney General Husnu] Suood breaking his silence and taking initiative. It’s a good sign he’s speaking up,” she added.

Eariler this week Suood claimed that the JSC had been taken over “dark powers”, and that it was fully under the control of certain political figures.

Suood further contended that the presidential candidate for the government-aligned Progressive Party of Maldives (PPM) Abdulla Yameen Abdul Gayoom, the Deputy Speaker of Parliament and PPM MP Ahmed Nazim, and retired Supreme Court Judge Mujthaz Fahmy have long been in the business of influencing the judges and the verdicts they had been issuing.

“The entire judiciary is under the influence of [retired Supreme Court Judge] Mujthaaz Fahmy,” he alleged.

Suood further alleged that Deputy Speaker Nazim had close ties with members of the JSC, and said several judges had told him that Yameen Abdul Gayoom – half brother of former President of 30 years, Maumoon Abdul Gayoom – had on several occasions given instructions to the judges over the phone as to how their sentences should be phrased.

Yameen and Nazim have denied the allegations.

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MDP MP Imthiyaz to face charges of “disobeying orders” for criticising judiciary

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy – who is also one of the party’s spokespersons – is set to face another criminal charge of “disobeying orders” over allegedly contemptuous remarks he made against the judiciary during a television show.

Earlier in April, Fahmy told Minivan News that Police had begun investigation of a case filed by the Department of Judicial Administration against him, over his allegedly “contemptuous remarks” against the Supreme Court and its judges.

Police Media Official Chief Inspector Hassan Haneef told Minivan News at the time he was “unsure” whether police were currently investigating the matter, but said cases concerning contempt of court had previously been investigated and sent for prosecution.

In June 2012, police sent a case concerning Imthiyaz Fahmy for prosecution, requesting he be charged with disobeying orders, obstructing police duty and physically assaulting a female police officer during an MDP demonstration on May 29, which had followed the dismantling of the party’s protest camp at Usfasgandu.

In a subsequent statement condemning “excessive use of force” against demonstrators, Amnesty International stated that according to Fahmy, “police in Dhoonidhoo told him he was arrested for ‘disrupting peace’.”

“The next day in court, police stated that he had been detained for ‘physically attacking a woman police officer.’”

Fahmy denied the charges pressed against him by the prosecution.

In the  latest case, Fahmy will be prosecuted under section 88 of the Penal Code for disobeying legal orders.

Section 88(a) states – “It is an offence to disobey an order issued lawfully within the Shari’ah or Law, person guilty of this offence shall be subjected to a punishment of exile or imprisonment or house detention not exceeding 6 months or fine not exceeding MVR 150.00 (US$9.73)”

Speaking to Minivan News earlier regarding the charges, Fahmy claimed the judiciary was attempting to silence elected members of the public, and that allegations of contempt of court were a facade.

“People elected me to find faults in institutions such as the courts and find ways to reform them, to correct those faults. I have been elected as a member of parliament by the people to talk about such issues and that is my responsibility. It is a duty vested in me by the people and I will remain firm in executing that duty,” Fahmy said at the time.

He further claimed that discrepancies and flaws within the courts were already being widely discussed by the general public.

“The courts themselves do not comprehend the real meaning of the concept of judicial independence,” he claimed.

“They should also understand that dignity and honour is not a one-way train. It goes both ways. Their actions should be of a standard and performed in a transparent fashion so as to have dignity,” he said.

“The first thing is that the judges were wrongfully reappointed. The constitutional provisions indicate that the judges were appointed by the Judicial Service Commission (JSC) wrongly without proper consideration being given to Article 285 of the constitution. That is unconstitutional.”

Fahmy – who is a lawyer himself – claimed that other powers of the state including the legislature and the executive had been set up in accordance with the 2008 constitution and that it was only the courts and the judiciary that had failed to be established in accordance with the new constitution.

“Am I being punished for coming out and speaking the truth? What is so wrong about reiterating the same facts that are being highlighted by several respected international authorities on the same issue?” he questioned.

Apart from Fahmy, cases against several other MDP MPs are either being currently investigated or being heard in the courts including that of MP Ali Waheed (the party’s Deputy Parliamentary Group Leader), MP Hamid Abdul Ghafoor (the party’s spokesperson for international affairs), MP Abdulla Jabir, MP Mohamed ‘Matrix’ Rasheed and MP Ibrahim ‘Bondey’ Rasheed.

Charges faced by the MPs include contempt of court, obstruction of police duty as well as the offence of consumption of alcohol.  According to the constitution, a member of parliament loses his seat should he be convicted of a criminal offense that requires serving a sentence longer than a period of 12 months.

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