Tag: MDP

EC dismissals: Fuwad and Fayaz remain EC members, says Majlis committee

The parliament’s independent institutions oversight committee yesterday declared that the Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz still remain in their posts despite the Supreme Court’s verdict to the contrary.

Yesterday (March 10), parliament also sent a letter to Chief Justice Ahmed Faiz Hussain and Attorney General Mohamed Anil stating that the dismissals were contrary to the constitutional procedures governing their appointment and dismissal, as well as the Elections Commission Act.

The letter stated that the contents were based on the legal advice of parliament’s Counsel General Fathimath Filza after her analysis of the Supreme Court’s verdict.

Senior leaders within the ruling Progressive Party of Maldives (PPM) have today criticised the letter, noting it did not represent a parliamentary decision and also that such statements were beyond the Majlis’ remit.

EC President Thowfeek, Vice President Fayaz and the remaining members – Ali Mohamed Manik and Mohamed Farooq – were also been summoned to attend a committee meeting at 1:30pm today (March 11).

The EC members have been summoned for the purpose of discussing how procedural matters were carried out during the case proceedings, as well as to discuss ‘suo moto’ proceedings as applied through the constitution.

The committee held discussions with the EC members as well as Thowfeek and Fayaz at a closed-door session today.

In addition to the members of the EC, the committee also decided to summon members of the Judicial Services Commission at 2pm today to debate ‘suo moto’ and the means of taking action against the Supreme Court.

Deputy Chair of the committee, MDP MP Rozaina Adam – who chaired Monday’s meeting – alleged that while the Supreme Court has the constitutional mandate of having final say in matters of justice, what is currently being observed is a tendency to abuse those powers.

MDP MP Imthiyaz Fahmy stated that “it is an obligation to criticise a court on which’s bench sits ‘naked’ judges” – referring to the leaked sex video of Supreme Court judge Ali Hameed. He added that there is no law which outlaws the criticism of courts outside of court hearings.

“What we are seeing today is judicial shamelessness,” Fahmy said, asserting that the Supreme Court’s verdict against the EC was unconstitutional.

“It’s a parliamentary statement, not a decision”: PPM PG Leader

PPM Parliamentary Group Leader Moosa Zameer has responded to the letter sent yesterday, stating he did not believe it was a parliamentary decision.

“I don’t believe it is a decision. On the other hand, the parliament can release a statement or send a letter to someone based on the advice of the Counsel General. However, that is not a parliamentary decision,” said Zameer.

“We don’t accept that the letter signed by the speaker and his deputy is a parliamentary decision. Parliamentary decisions are ones which are taken on the parliament floor,” Zameer is quoted as saying to local media.

He added that it was obligatory for all to obey the orders of the Supreme Court, and that the PPM’s stand echoed this principle.

When contacted by Minivan News for further comment, neither Zameer’s nor PPM MP Ahmed Nihan were responding to calls at the time of press.

President Abdulla Yameen has also criticised the letter, claiming that it is outside the parliament’s mandate to release such a statement.

Speaking at the launching of PPM’s Villimalé parliamentary candidate Ahmed Nihan’s campaign, Yameen stated that it was the norm in a modern civilisation to obey the rulings of the Supreme Court.

He reiterated that the government would follow the orders of the Supreme Court and that it would proceed to elect new members to the EC.

Likes(0)Dislikes(0)

High Court rules Jabir cannot be released

The High Court has decided that the Maldivian Democratic Party (MDP) member Abdulla Jabir cannot be released from jail as his legal team had requested.

Jabir’s legal representatives submitted their appeal earlier this month on March 3. At the hearing yesterday (March 10) Jabir’s lawyers asked the court to release the MP until it had reached a conclusion on whether or not to uphold the Criminal Court’s decision to imprison him for 12 months.

On February 20 Jabir was sentenced to 12 months in prison after being found guilty of failing to provide a urine sample to the police to run a drug test.

The Kaashidhoo MP’s representatives have argued that his trial and sentencing “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives.”

Local media reported that the High Court informed Jabir’s legal team that their request could not be granted later on the same day.

The incident leading to Jabir’s imprisonment happened on November 16, 2012, when a total of 10 people were taken into police custody after police raided and searched the island Hondaidhoo. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. Seven individuals including other senior MPs refused to give a urine sample, leading to prosecution.

Police issued an order for Special Envoy Ibrahim Hussain Zaki – one of those facing charges related to the incident – to be taken into custody presented in court after officials were unable to present him with a summons.

After his conviction, Jabir’s legal team submitted a plea to the High Court arguing that he had the right to campaign for the Majlis elections. Jabir was set to re-contest his Kaashidhoo seat after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

The constitution stipulates that a anyone sentenced to longer than 12 months in prison will be ineligible for election to the People’s Majlis.

While the MP was recently found not to have been guilty of possessing cannabis during the incident, his trial for alcohol possession is ongoing.

Speaking prior to this announcement by the High Court, Jabir’s wife Dhiyana Saeed stated the legal team would file a case with the Civil Court if the High Court did not accept.

Dhiyana was not responding to calls at the time of press.

Likes(0)Dislikes(0)

EC dismissals: President pledges to abide by court ruling, criticises MDP boycott talk

President Abdulla Yameen has said the government will ensure that rule of law prevails, and that executive will respect and abide by Supreme Court rulings.

“God willing, my government will definitely uphold the rule of law. All entities of my government will abide by the Supreme Court ruling,” Yameen said last night.

Speaking at the campaign launching ceremony of ruling Progressive Party of Maldives’ (PPM) VilliMalé constituency candidate Ahmed Nihan, Yameen stated that it was not acceptable practice in “civilised societies” for other institutions to criticise decisions made by the Supreme Court.

However, when Nihan himself was asked about the courts decision on Sunday evening, the MP expressed his reluctance to make any comment.

“I would have to really think twice before I go ahead and say anything about the Supreme Court,” he said. “The Supreme Court may think that it’s a contempt of law if I said anything.”

Announcing that the President’s Office had called for applications to the vacant posts in the Elections Commission (EC), Yameen reiterated the government’s stand that it would complete all necessary preparations to hold the Majlis elections on March 22 as stipulated by the apex court’s ruling.

“We are working to ensure that we have some names by 3pm on Thursday. God willing, we will complete the work tasked to us by the Supreme Court within the six days they have assigned to us,” he continued.

Yameen stated that his government would not question verdicts released by the Supreme Court and that his administration had complete respect for the judges on the bench.

However, the president did admit that judicial reform must be discussed, adding that “this includes the issue of delays in case completion. Even MDP [opposition Maldivian Democratic Party] members will accept that there are some cases that have been halted midway.”

“Even President Nasheed himself will believe that there are certain cases which do not proceed at all in our judiciary,” said Yameen.

“You can’t achieve results by playing the game off the field”: Yameen

President Yameen further stated that he finds the tendency of first world countries to “interfere” in internal matters of small countries in a manner that contradicts “the lessons in governance that they continue to deliver” to be highly concerning.

“I have even previously stated when I was working in the presidential campaign that in our administration, we will maintain the independence and sovereignty of deciding on our internal affairs in Maldivian hands. God willing, our government will achieve that,” he stated.

Referring to the opposition party’s consideration of boycotting the upcoming parliamentary elections, Yameen argued that “you can’t achieve results by playing the game off the field”.

He called on the MDP members to participate in the elections and join the parliament if they wanted to bring reforms, especially to the judiciary.

“I want to say to all MDP members that the Maldives is a country belonging to every one of us. This is not particularly Adhaalath Party’s Maldives. Nor is it specifically PPM’s Maldives. Nor is it Jumhooree Party’s Maldives. And especially, this is not just the MDP’s Maldives. This country belongs to all of us,” Yameen stated.

He stated that the MDP should not resort to boycotting the elections, and must come out and vote. He added that it is crucial in a modern society to demonstrate via parliament how one should act when power begins from the people.

“Depriving membership for themselves from an institution elected for a five year term – depriving their members from their right to have their feelings expressed – this is not a manner in which a political party would act in a modern environment,” the president said.

Meanwhile, the MDP held a meeting of its National Council yesterday night with the intention of deciding whether or not to boycott the approaching polls.

While the meeting was closed to media, some local news outlets were able to report proceedings.

According to local media, two proposals were made at the meeting – former President Nasheed proposed boycotting the upcoming elections and protest the Supreme Court’s decision, while another unnamed member is said to have proposed that the party protest but that it still participate in the election.

The meeting was brought to a halt by Chairperson ‘Reeko’ Moosa Manik citing differences of opinion, with a follow up meeting to be scheduled in the near future.

Likes(0)Dislikes(0)

EC dismissals: Majlis says commissioners’ removal was unconstitutional

The People’s Majlis has written to the chief justice and the attorney general, stating that the president and vice president of the Election Commission (EC) were removed contrary to the constitutional procedures governing their appointment and dismissal.

The letter – signed by Speaker Abdulla Shahid and Deputy Speaker Ahmed Nazim – also noted that the move contravened the Elections Commission Act.

According to Majlis, the content of the letter was based on legal advice of parliament’s counsel general after her analysis of the Supreme Court’s verdict.

The Supreme Court yesterday sentenced EC President Fuwad Thowfeek to six months imprisonment under Article 88(a) of the penal code, and ordered the enforcement of the sentence be delayed for a period of three years.

The verdict also declared that Fuwad and Vice President Ahmed Fayaz had “lost the right and legal status to remain members of the commission and that the pair’s seats on the commission have become vacant”.

The letter stated that it was the People’s Majlis which is tasked with the appointment and removal of EC members, and that for any given reason a member of that commission can only be removed by a simple majority of votes in a parliament sitting as “clearly stated” in Article 177 of the constitution and Article 14 of the Elections Commission Act.

“Referring to the said article of the constitution and the elections commission act, it is clear that the authority to appoint and remove member from that commission is especially reserved for the People’s Majlis without the involvement of any other party.”

The letter also said that the removal of the pair by the Supreme Court contravenes the procedures specified in Article 177 of the constitution and Articles 5, 10, and 14 of the EC Act.

The letter referred to a number of statements from the Supreme Court’s verdict nullifying parliament’s removal of Mohamed Fahmy Hassan from the Civil Service Commission (CSC) in March last year.

The Majlis today noted that the constitutional procedures for removing EC members and CSC members were the same, saying that the court’s previous ruling had said the following:

“It is clear from the letter of the constitution that the constitution does not allow any of the three powers of the state to carry out the constitutional jurisdiction or functions of another, and that it is clearly stated that the system of separation of powers, and check and balance established between three powers by constitution is an principal feature of the constitutional system and the constitution of the Maldives.”

Referring to the same verdict, the letter said that the court had stated that “all powers of the state should fulfil their jurisdictions and functions within the constitutional limits set for that power by the constitution”.

The same ruling also stated that constitutional procedures regarding independent institutions are there to ensure their independence. In this regard, the verdict noted that tasking the executive with appointment, the parliament with removal and accountability, and the chief justice with oath taking are also check and balance procedures established under the constitutional principle of separation of powers.

Likes(0)Dislikes(0)

EC dismissals: MDP condemns, government coalition commends decision

Following the Supreme Court’s removal of Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts, responses have come from across the political spectrum.

While coalition partner Jumhooree Party (JP) leader and tourism tycoon Gasim Ibrahim has spoken in support of the court’s decision, senior members of the opposition Maldivian Democratic Party (MDP) have condemned the verdict, with former President Mohamed Nasheed appealing to the public to stage demonstrations.

Meanwhile, the government has announced that it will proceed with setting in place arrangements to ensure that the upcoming Parliamentary elections are held on schedule on March 22.

Verdict must not be challenged: Gasim

Gasim has stated that no one holding any state position should challenge the verdict of the apex court, which he has claimed demonstrated that no one in any state position can act against any decision of the Supreme Court.

Speaking at an event held at the JP’s central campaign office Kunooz on Sunday night, he asserted that the verdict was the direct result of the actions of EC President Fuwad Thowfeek. Fuwad himself had admitted to having acted against the orders of the Supreme Court, he added.

“The reason why I am praising the decision of the Supreme Court is because, in order to maintain national unity and peace, this verdict has demonstrated that no one can act in breach of the rule of law,” Gasim is quoted as saying in local media.

Gasim stated that the final decisions lie with the apex court, and no one – including the parliament – can challenge these decisions. He called upon those displeased with the court’s verdict to “adopt the way of peaceful dialogue instead of taking to the streets and protesting”.

Nasheed calls on citizens to protest

Speaking at a political rally in the island of Dhihdhoo on Sunday night, former President Mohamed Nasheed described the verdict as “unconstitutional” and called on citizens to come out in protest.

He stated that it was the saddest moment in the constitutional history of the Maldives, accusing the apex court of “undermining the constitution which consists of high hopes of the citizens” and of “stripping independent commissions of their powers”.

“Tonight we are seeing the Supreme Court undermine the constitution of the Maldives by leaving the EC powerless and sentencing its president and vice president to jail.”

“It is the parliament that is tasked with oversight of the work of the EC. The constitution very clearly states this. Tonight we have seen [the Supreme Court] attempt to undermine the hopes of a large number of citizens”.

Nasheed stated that the new constitution of the Maldives was set in place and accepted by the people due to the bitter experiences that they had previously known.

“It was because injustice, discrimination, and inequality had settled among us to alarming extent. The Maldivian people wanted to enjoy the country’s richness to its full extent, Maldivians wanted to enjoy the certainty of having human rights safeguarded at its fullest. They wanted justice to be served in the Maldives.”

“If the elections are not held in a free and fair manner, then the resulting government will not be free or fair either,” Nasheed stated, calling on citizens to get strength from one another, to overcome their fears, and to come out in protest against the Supreme Court’s decision.

Nasheed said that the MDP needed to decide whether it will participate in the upcoming parliamentary elections. A meeting of the party’s National Council will take place at 9pm tonight.

Party Chairperson ‘Reeko’ Moosa Manik questioned whether the court had the authority to remove members of the EC, whilst Spokesman Hamid Abdul Ghafoor described the decision as “evidence that we will not see a free and fair election in this country”.

Will take necessary action to implement SC verdict: Government

The government has meanwhile stated that it will take all necessary action to implement the Supreme Court verdict without delay.

“The government will not criticize or challenge this verdict. In the current system of governance, the executive’s role is to implement whatever responsibilities that such an order places on us without further delay. We will proceed to do just that,” President’s Office Spokesman Ibrahim Muaz Ali stated.

The president will work on sending names for the vacant EC posts of the parliament as soon as possible, he said, noting that the court’s verdict ordered the elections to go ahead on schedule.

“The government believes that the parliament should also cooperate in such matters. The sad thing is that this is not the spirit we are seeing from the parliament,” Muaz stated, expressing concern about the delay in parliament in appointing a member to the previously vacated EC position.

Likes(0)Dislikes(0)

MDP asks High Court to halt Feydhoo primary election court case

The Maldivian Democratic Party (MDP) has asked the High Court to issue an injunction halting the ongoing Civil Court case filed by MDP MP Alhan Fahmy disputing the result of the party’s Feydhoo constituency primary election.

The party asked that the case be halted until deliberations were concluded on a procedural issue raised with the High Court.

The MDP had suggested that the Civil Court could not proceed with the case as Alhan had not completed all the party’s internal appeal procedures.

Newspaper Haveeru reported that Alhan told the High Court bench today that an injunction against court proceedings could only be issued in situations where either the defendant or respondent might face damage beyond repair should the case continue.

Judges questioned the MDP’s lawyer as to whether the party charter specified that a member could not file a lawsuit against a party decision without first taking the case to the party’s appeal committee, reported the paper.

The MDP lawyer acknowledged that the charter did not state that a member could not file a lawsuit.

The party’s legal representatives did note that Alhan’s stabbing – from which he has been recovering in Sri Lanka – came 18 hours after the party announced the primary results for Feydhoo constituency, giving him time to have filed a case with the appeal committee.

After losing the contest for this month’s Majlis elections to Mohamed Nihad in February, Alhan claimed that the list used on polling day was different from the eligible voter lists, and that any candidate who won the party ticket through a fraudulent vote could not be a valid one.

Last week, the Civil Court informed Alhan that it was beyond its jurisdiction to invalidate the candidacy of Nihad.

Alhan has called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

The MDP’s election committee confirmed that 67 members were missing from the list at the ballot box, but decided against holding a re-vote, arguing that the primary outcome would not change even if these members were allowed to vote.

On February 1 – the same day Alhan announced that he would file a case with the court to cancel the primary – he was stabbed while at Breakwater cafe in the artificial beach area of Malé.

Following the attack Alhan’s left leg was paralysed though he has since regained the ability to walk with the aid of a crutch.

Alhan rejoined the MDP in June 2013 after an apparently acrimonious departure in April of the previous year. Party vice president at the time, Alhan was ejected – alongside party President Dr Ibrahim Didi – after the pair publicly questioned the MDP’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from the influence of Nasheed. Alhan subsequently joined the government-aligned Jumhooree Party.

The MP was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

Alhan is now contesting in the parliament election as an independent candidate.

Likes(0)Dislikes(0)

Coalition leaders urge independent candidates to withdraw

Leaders of the ruling Progressive Coalition have urged members of coalition parties running as independents in the upcoming parliamentary elections to withdraw their candidacies.

Speaking at a campaign event in Malé on Thursday night, former President Maumoon Abdul Gayoom expressed “regret” with coalition supporters contesting as independents.

The vote being split among pro-government candidates could see “candidates we don’t want” finishing top, the Progressive Party of Maldives (PPM) leader warned.

Gayoom called on independent candidates to drop out of the race and endorse the coalition’s official candidates.

He went on to thank independent candidates who have recently endorsed PPM contestants ahead of the polls scheduled for March 22.

Former PPM youth wing leader, Ibrahim Nazim – who was contesting as an independent in the mid-Henveiru constituency – endorsed PPM candidate Aishath Leeza last week.

The three parties in the Progressive Coalition – PPM, Jumhooree Party (JP) and Maldives Development Alliance (MDA) – reached an agreement to allocate constituencies among the coalition partners with the PPM contesting 50 seats, JP contesting 28 seats, and the MDA contesting seven seats.

First-past-the-post

Speaking at Thursday’s night campaign event for PPM Hithadhoo North candidate Al Ibrahim, Home Minister Umar Naseer – who was dismissed from the now-ruling party in April 2013 – said that members of coalition parties were contesting as independents in 64 constituencies.

Such candidates were claiming to represent their parties despite the coalition fielding a candidate from a different party, Naseer said.

He warned that candidates from the opposition Maldivian Democratic Party (MDP) could benefit in cases where the vote was divided among pro-government candidates.

In the first-past-the-post Majlis elections, candidates would not need to secure 50 percent of the vote to be elected.

Meanwhile, in a campaign rally in Alif Dhaalu Dhagethi last night, JP Leader Gasim Ibrahim reportedly accused independent candidate Ahmed Thoriq ‘Tom’ – a national team football player –  in the Alif Dhaal Mahibadhoo constituency of falsely claiming to represent the PPM.

The Mahibadhoo constituency was reserved for the PPM in the coalition seat allocation deal.

Gasim said he visited the island this weekend with two PPM council members – MPs Ahmed Nihan and Ahmed Mahloof – to explain to PPM supporters that Tom was not campaigning on behalf of the party.

The business magnate and former presidential candidate said he was confident that the PPM would not field candidates in constituencies ceded to the JP.

In the wake of January’s local council election, President Abdulla Yameen told the press that party members who contested as independents cost the ruling coalition a number of seats.

President Yameen claimed that 85 percent of independent candidates for local councils were PPM members.

PPM members decided to contest as independent candidates in constituencies reserved for the JP, Yameen explained, despite instructions from the party.

“Similarly, a JP member contested as an independent for the Addu atoll mid-constituency where our candidate got the ticket and contested,” he added.

Two sides of the scale

Returning to a central theme of last year’s presidential campaign in his speech Thursday night, former President Gayoom said voters were offered a choice between stability and defending Islam on the one hand and drugs and anti-Islamic behaviour on the other.

Referring to the MDP’s slogan of “vote for the scale of justice,” Gayoom said voters must choose which side of the scale to support.

On the PPM’s side was protecting Islam, the rights of citizens and the nation’s independence and sovereignty as well as progress, development, peace and consolidating democracy, he contended.

The main opposition party has meanwhile been campaigning on a platform of judicial reform, empowering local councils, and government accountability.

In his speech last night, Gasim expressed confidence that the JP would secure 25 seats from the 28 constituencies the party was contesting.

While JP MPs would back the PPM-led coalition government for the next five years, Gasim said the party could not accept unlawful actions from the government.

“If things are done against the law or by deceiving the public, we are going to have to the push the necessary button. That is the responsibility of Majlis members as stated in the constitution,” Gasim reportedly said.

Likes(0)Dislikes(0)

“They say they have trust in the judiciary because they can influence it”: Nasheed

Former President Mohamed Nasheed has responded to President Abdulla Yameen’s declaration of trust in the judiciary by alleging that his confidence arises from the ruling Progressive Party of Maldives’ (PPM) ability to influence the judicial process.

Nasheed stated that both Yameen and his coalition partner Gasim Ibrahim of the Jumhooree Party were expressing utmost trust in an institution that the European Union and the United Nations, as well as Maldivian citizens continued to regard as in need of reform.

“By insisting that they hold such a strong trust in this institution, they are really confessing to the fact that they have undue political influence over this institution.”

They are saying that they have confidence that they can do whatever they want at any particular time through these courts,” Nasheed suggested.

He stated that the biggest obstacle to maintaining Islamic principles was the corrupt state of the judiciary and accused the Supreme Court of abusing and breaching the constitution.

“What is most needed is the services of a lawyer to become free of criminal charges. The government should not be allowed to place whatever charges they want against citizens,” he continued.

“What we are seeing today is the Supreme Court raising charges against anyone whenever they want and then themselves launching investigations into the matter,” Nasheed said, adding that the Supreme Court was currently acting in a manner previously observed in the 1980s.

Nasheed further described the apex court as having turned into a “political campaign office” due to what he alleged were political discussions which were taking place among the judges, and various statements of political nature made by them.

He accused the court of working “like the police, with utter impunity”, adding that the MDP would continue to raise its voice against any and all unconstitutional actions – regardless of who commits them.

Case against the Elections Commission

Speaking with regard to the Supreme Court’s current case against the Elections Commission (EC), Nasheed alleged that the panel of judges were “pulling members of the EC to court in an attempt to exert political influence over them”.

He dismissed the court’s actions as being unconstitutional, stating that as per law, the People’s Majlis – and not the apex court – held oversight powers over the EC.

Meanwhile, Vice President Dr Mohamed Jameel Ahmed has levied criticism against the EC, arguing that justice must be served to all alike, regardless of the office they hold.

He accused the EC of deliberately presenting obstacles and difficulties to his PPM at the approach of every election.

“Every time the PPM complains that the time the commission provides for any certain task is not sufficient, the EC will claim that they cannot extend the deadline. Then they will go ahead and extend the deadline anyway. This is something that we in PPM find very worrying,” Jameel said.

Jameel said that in order to win any election, the PPM had to face three competitors – the Maldivian Democratic Party, clandestine funds provided to the MDP by unknown entities, and the Elections Commission itself.

The Vice President further accused the EC of working against the laws which govern it, and of attempting to work in a manner that is beneficial to a certain party.

Civil Service

Speaking of his recent trip to the southern atolls, former President Nasheed noted that he had observed a trend of employees being transferred or fired based on their political affiliations.

“I want to say to the Civil Service Commission’s President Dr Latheef to please be aware. If even a single civil servant has to face such a loss, how will you defend your seat once we gain majority in parliament? We will closely observe what is done to the civil servants,” Nasheed stated.

He also alleged that employees at various tourist resorts were also being unduly dismissed for political reasons.

In the last quarter of 2013 – just ahead of the presidential election – employees from Irufushi Beach and Spa Resort and Sun Island resort spoke to Minivan News about what they alleged was the purging of employees based on their political affiliations.

Likes(0)Dislikes(0)

Judiciary excluded from presidential address due to Yameen’s trust in the institution

President Abdulla Yameen’s failure to discuss judicial reform in his first presidential address was due to the “trust [he] has in the institution” and because of the respect the government feels towards the bench, he has said.

Speaking at the opening of a campaign office for PPM candidate Mohamed Ameeth, Yameen stated that the government will not criticise the judiciary’s verdicts, and that the institution has the government’s trust.

Yameen had been the subject of criticism from the political opposition, who described his speech at the opening of the People’s Majlis as failing to address the country’s most pressing issues.

Yameen did acknowledge, however, that there are delays in the completion of some cases by the judiciary, adding that the executive is currently working with the judiciary to seek solutions to the issue.

“Even during the presidential election campaigns we never criticised any judgement or verdict of the judiciary. What we did criticise was the slow rate of cases going through, and how some cases get delayed for long periods of time,” said the president.

“That is still the case, and we will continue talking about this lack of speed,” Yameen said.

Following the president’s address, Maldivian Democratic Party (MDP) spokesman Imthiyaz Fahmy accused the president of omitting critical issues from the address, including the state of the judiciary, and decentralised governance.

Discussing the approaching parliamentary elections yesterday, the president suggested that the MDP had a record of acting dictatorially when holding a Majlis majority.

He accused the now-opposition party of unduly influenced independent institutions when in power, asserting that this behaviour will never be seen from the ruling Progressive Party of Maldives government.

Yameen further stated that the MDP, while loudly advocating for the separation of powers, had “locked and bolted the powers”.

While the opposition currently hold the majority of seats in parliament, they have so far failed to appoint a prosecutor general or a member for the vacant seat in the EC, he noted.

The MDP has pledged judicial reform during it’s Majlis campaign, while the party’s slogan for this year’s campaign is ‘Vote for the scale for separation of powers’.

Case against the EC

Yameen also addressed the case against the Elections Commission (EC) in the Supreme Court, stating that it was not a matter that concerned the executive.

He stated that, while some foreign countries are raising concerns about the matter, he believed the court case against the EC was something the government need not interfere with.

Yameen questioned the logic of countries who expressed concern about the matter, stating that it was “inexplicable” when the separation of powers was generally accepted.

“It is these foreign powers who most strongly want assurance that the executive will not interfere with matters of the judiciary. And yet today, when there is a case against an independent institution, they are worried that we are not interfering and making comments on the matter.

“Our foreign policy is to respectfully accept their concerns, and to still not comment on an institution which in our sovereign right the government wishes to refrain from commenting on,” Yameen stated.

He asserted that justice would be served to all alike – whether they be from among the general public, or someone holding a senior office in a state institution. The president concluded by saying that even if he himself was summoned to the Supreme Court, he would attend dutifully and without question.

While addressing the UN Human Rights Council this week, Foreign Minister Dunya Maumoon also called upon the international community not to undermine the Maldives judiciary .

The judiciary has been criticised by a number of international actors as being both under qualified and lacking independence.

Prominent critics have included the UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul, the International Committee of Jurists, the UK Bar Human Rights Committee, and the US State Department.

In June 2013, spy camera footage revealed a Supreme Court judge allegedly speaking about the politicisation of the judiciary, stating “even [Parliament Speaker]Abdulla Shahid will know very well that my stand is to do things the way [current president] Yameen wants.”

In the tape, the judge also claimed to be a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

Likes(0)Dislikes(0)