Tag: MDP

Civil Court rejects MP Alhan’s request for injunction suspending candidacy of MDP Feydhoo ticket winner

The Civil Court has ruled today that it does not have the jurisdiction to grant an injunction suspending the candidacy of the Maldivian Democratic Party’s (MDP) Feydhoo primary winner.

The decision (Dhivehi) came in a lawsuit filed by Feydhoo MP Alhan Fahmy against the MDP seeking annulment of the opposition party’s primary for the Feydhoo constituency in Addu City.

Alhan lost the MDP’s primary to Mohamed Nihad last month by a 162 vote margin and challenged the results on the grounds that the voter list was outdated and did not include 67 new members. He also alleged electoral fraud in the Feydhoo poll.

Alhan had asked the court to order the Elections Commission (EC) to suspend Nihad’s candidacy pending a judgment on the legitimacy of the primary contest.

Judge Ali Naseer however ruled that cases concerning the candidacy of persons standing for parliament was in the jurisdiction of the High Court under the Judicature Act and the General Elections Act.

Lawyers representing the MDP reportedly did not attend this morning’s hearing.

Judge Naseer said that the party will be given an opportunity to respond to the allegations of fraud at the next trial date.

At yesterday’s hearing, the party’s legal team raised a procedural issue contending that the court could not hear the case as Alhan had not completed the appeals process through the party’s internal mechanisms.

The judge however dismissed the procedural point and ruled that the court could proceed with the case. He noted that as the MP could no longer submit a complaint to the party’s appeals committee, dismissing the case would deprive Alhan of his constitutional right to a fair trial.

The MDP has since appealed the ruling at the High Court.

While Alhan had first filed his case at the High Court, the court’s registrar informed his lawyers that it could not hear cases involving internal elections conducted by political parties.

Alhan was stabbed in a restaurant in Male’ on February 1 and returned to the Maldives on Friday (March 1) after undergoing treatment in Sri Lanka.

The incumbent MP is contesting the upcoming parliamentary elections as an independent candidate.

Last August, Alhan was summoned by police in connection with the alleged blackmailing of Supreme Court Justice Ali Hameed, using footage of the judge having sex with three prostitutes in a Sri Lankan hotel.

The MP tweeted a screenshot of a text message he claimed had been sent to his mobile phone by Superintendent of Police Mohamed Riyaz. The text read: “Alhan, will make sure you are fully famed (sic) for blackmailing Justice Ali Hameed. You don’t know who we are.’’

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Civil Court allows Alhan’s lawsuit to invalidate party primary to continue

The Civil Court has ruled against the Maldivian Democratic Party (MDP) in a procedural issue raised in the lawsuit seeking the invalidation of the Feydhoo constituency primary.

During the hearing, the MDP’s lawyer had told the court that the complainant – second-placed candidate Alhan Fahmy – had not completed all procedures within the party to solve the issue, and that he could not therefore file a lawsuit.

However, the Civil Court today ruled that halting the case would deprive Alhan of the right to a fair trial as guaranteed in Article 42 of the constitution.

After losing the contest for Majlis elections to Mohamed Nihad, 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.

Alhan 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 election committee confirmed that 67 members were indeed 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.

Online newspaper CNM today quoted MDP Chairperson and MP ‘Reeko’ Moosa Manik as saying that the MDP will not change any of the party’s candidates and that it would not be wise to give the party ticket to a different candidate while there were only 18 days before the parliamentary election.

He also told the paper that the MDP had received complaints regarding people campaigning in contravention of party policies, and that cases have been filed with the party’s disciplinary committee to take action against those persons.

Moosa said that he, as the chairperson of the party, appealed to all party members not to do anything that would cause divisions within the party and that he would not give anyone the chance to do so.

Stabbing and party history

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 has had a chequered recent past with the MDP, rejoining the party in June last year after an apparently acrimonious departure in April of the previous year. Then party vice president, Alhan was ejected – alongside then party President Dr Ibrahim Didi – after the pair publicly questioned the party’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 its talismanic leader Nasheed. Alhan’s soon joined the government-aligned Jumhooree Party,

Alhan 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).

He was dismissed from the DRP in 2010 for breaking the party’s whip line in a no-confidence vote against then Foreign Minister, Dr Ahmed Shaheed

Last August, Alhan was summoned by police in connection with the alleged blackmailing of Supreme Court Justice Ali Hameed, using footage of the judge having sex with two foreign women said to be prostitutes.

The MP tweeted a screenshot of a text message he claimed had been sent to his mobile phone by Superintendent of Police Mohamed Riyaz. The text read: “Alhan, will make sure you are fully famed (sic) for blackmailing Justice Ali Hameed. You don’t know who we are.’’

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

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IGMH lab technician responsible for HIV blood transfusion in custody

An expatriate lab technician at the Indira Gandhi Memorial Hospital (IGMH) responsible for the transfusion of HIV positive blood to a pregnant Maldivian patient has been taken into police custody on Thursday night (February 27).

IGMH Deputy CEO Dr Mohamed Habeeb told MPs on the government oversight committee yesterday that the Indian national had admitted his culpability in the incident.

Local media has since revealed his identity and reported that the Criminal Court has extended pretrial detention to seven days.

Habeeb was summoned to the oversight committee along with Health Minister Dr Mariyam Shakeela and senior officials at the ministry.

Briefing MPs on the incident, Habeeb explained that the blood test was done on February 2 and the transfusion took place the next day.

The technician at fault reported the blood as negative despite the machine showing that it was positive for HIV.

The error was discovered when the patient came in for a routine checkup on February 18, he continued, after which the blood test report was reviewed.

A high-level meeting with senior officials from the Health Ministry was held immediately after the discovery and a three-member committee was formed to look into the incident, he said.

The committee comprised of an experienced doctor, senior nurse, and retired lab technician, he added – none of whom were employed by the hospital.

The incident was revealed to the media hours after the committee shared its findings, he said.

The blood sample was taken from a donor found by the patient and not from the hospital’s blood bank, Habeeb stressed. The donor was not previously registered as an HIV patient.

While there were normally two technicians at the lab, Habeeb noted that the Indian national was alone on the day in question as it was a public holiday.

Habeeb revealed that the technician left for India on the day of the incident and returned to the Maldives about two days later.

The technician had been working at the hospital for seven years and had recently received an award for his performance, Habeeb said.

However, Permanent Secretary at the Health Ministry Geela Ali revealed that the technician had been fired from his previous job in 2006.


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Criminal Court acquits MDP MP Jabir of cannabis possession charges

The Criminal Court has ruled that the Maldivian Democratic Party (MDP) MP Abdulla Jabir was not guilty of possessing cannabis when police raided his uninhabited island – Hondaidhoo in Haa Alifu atoll – in November 2012.

Jabir is currently in Malé jail after the court sentenced him to twelve months after finding him guilty of refusing to provide a urine sample for police to run a drug test.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Seven of the suspects, including the MDP MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Yesterday Jabir’s legal team appealed his recent conviction at the High Court, claiming that the trial had violated the MP’s constitutional rights.

Meanwhile, Jabir is still facing as additional trial for possession of alcohol relating to the Hondaidhoo incident.

According to the constitution, any additional time added to Jabir’s sentence will result in the MP being stripped off his seat in parliament and barred from running in the upcoming parliamentary election. After surviving disciplinary proceedings within the party, Jabir had been scheduled to re-contest his Kaashidhoo seat next month.

Article 73 of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Additionally, the same article states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months – unless a period of three years has elapsed since his release – or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

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Nasheed warns Supreme Court against interference in Majlis elections

Former President Mohamed Nasheed warned Chief Justice Ahmed Faiz Hussain last night against Supreme Court interference in the upcoming parliamentary elections scheduled for March 22.

Speaking at a campaign launching ceremony for two Maldivian Democratic Party (MDP) candidates, Nasheed said last year’s presidential election was “taken away from us by the Supreme Court.”

“The island council, atoll council, and city council elections have slipped from their fingers by God’s will while they were unaware. Now we are coming to the People’s Majlis elections again. If the People’s Majlis election is stopped, you could not place a bigger obstacle to the country’s development,” he said.

Supreme Court Justices “should know very well that the people of the Maldives will not forgive,” Nasheed said.

“And do not think that the courage of the Maldivian people has flagged. No, when they have to take to the streets, they will,” he said.

“If you decide to halt our elections, remember that we live on this land too. Keep in my mind, our Chief Justice Ahmed Faiz, know that we too grew up in this island. As long as we are on this soil, you cannot keep perpetrating injustices against our people.”

The Maldivian people were not indifferent or willing to “remain in a state of shock or fear,” Nasheed continued, adding that the people have “found courage from one another and moved past their fear”.

“We cannot remain still, we cannot give up the hope of our children and children’s children, we cannot give up the Maldives,” he said.

Suo motu

The Supreme Court summoned members of the Elections Commission (EC) on February 12 and began a surprise trial on charges of contempt of court. The apex court invoked new ‘Sumoto’ or ‘Suo motu’ regulations that allow the court to initiate hearings and act as both prosecutor and judge in a trial.

The court contends that criticism by EC members of its decision to annul the first round of last year’s presidential election – citing a secret police report that has since been dismissed by a UN expert review and questioned by the Human Rights Commission of Maldives – constituted contempt of court.

Nasheed meanwhile declared last week that the MDP will boycott the parliamentary elections if the Supreme Court removes EC members ahead of next month’s polls.

Speaking at a campaign event on the night before EC members were summoned, Nasheed accused parties in the ruling coalition of colluding with the Supreme Court to delay the Majlis elections as they were “certain of defeat.”

“In my view, an election conducted with the Supreme Court exerting influence over the Elections Commission to deliberately commit electoral fraud or rig the vote will not be a legitimate election – in my view, MDP should not participate in such an election,” Nasheed said.

Neither the international community nor the Maldivian public would accept general elections boycotted by the MDP, he insisted.

In his speech at a campaign launching ceremony on Monday night for MDP MP Imthiyaz Fahmy, Nasheed said judicial reform was the most pressing issue facing the Maldives at present.

Neither the chief justice nor other judges should think that the public would cease calls for reform or stop criticising the judiciary “out of fear,” he said, declaring that the party would “not back down in the slightest”.

Referring to the alleged sex tape of Supreme Court Justice Ali Hameed, Nasheed said the party’s concern was not with Hameed’s indiscretions but with the presence of “compromised” judges on the bench who were susceptible to “blackmail”.

While the new constitution was adopted to move away from the autocratic and unjust practices of the past, the Supreme Court has taken on powers to investigate, prosecute, conduct trial, and deliver verdicts on their own accord, Nasheed said.

“The fundamental basis of the reform that the Maldivian people wanted was ensuring that the prosecutor and the court that hears the case are separate. Persons must have the assistance of a lawyer to defend themselves from accusation of a crime,” he said.

“It is the prosecutor general who should prosecute on behalf of the state. We wanted to see separated powers of state [but] today we are seeing the Supreme Court negate the character of the constitution we wished for.”

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Week in review: February 16 – 21

The Maldives’ judiciary continued to dominate headlines this week, in particular the Supreme Court’s decision to use privileged Majlis testimony in its case against the Elections Commission.

Citing the establishment of justice as a fundamental tenet of Islam, the court declared the evidence admissible in its ongoing contempt of court case.

Speaking at a campaign event for the Majlis elections, Maldivian Democratic Party (MDP) leader Mohamed Nasheed suggested the Supreme Court was fearful of an MDP majority in the parliament, pledging judicial reform should this happen.

On the lower benches, televised claims of bribery within the judiciary by Civil Court Judge Aisha Shujoon prompted both the Anti Corruption and the Judicial Services Commissions to launch separate investigations.

The JSC’s investigations into Shujoon’s claims will take place without the Majlis’ representative MP Ahmed Hamza, however, who has been removed as a result of his standing for re-election.

The Human Rights Commission this week called upon the Majlis to expedite the appointment of a new Prosecutor General (PG), before the Criminal Court finally agreed to accept new cases from the Deputy PG.

The court was immediately presented with 20 new cases, although the PG’s Office has said the backlog will take a month to clear. This may hamper new court regulations which requires the office to file criminal charges within 45 days of arrests being made.

The court did find time this week to sentence MDP MP Abdulla Jabir to one year’s imprisonment for failure to provide a urine sample to police in late 2012.

Three more cases are likely to land on the PG’s desk in the next six weeks after police arrested two Bangladeshi men and one woman in Malé for pre-marital sexual relations. For those recently married foreigners, however, the Maldives continues to be the number one holiday destination, an online poll revealed.

Fears were raised by the Tourism Employees Association that the amount of service charge disbursed to resort workers was being reduced as the government plans to raise taxes on the industry. An IMF delegation in the country noted its surprise at the resilience of the economy, suggesting that taxes on the industry were still relatively low.

The new nominee for the governor’s position at the central banking authority suggested that increasing local productivity and reducing reliance on imports – on which 75 percent of the country’s dollars are spent – was vital.

During the SAARC Council of Ministers’ Meeting – hosted on Bandos resort – President Abdulla Yameen stated his belief that trade and commerce were the “magic wand” for achieving the regional association’s goals.

Earlier in the week, while campaigning for the Progressive Party of Maldives, Yameen had labelled the Nasheed government’s transport policy corrupt, vowing to reclaim land given to private companies for ferry services.

He also said that the government would not be seeking to expedite Nasheed’s trial, though he did suggest that the former president must be sentenced for the arrest of Judge Abdulla Mohamed in 2012 if the rule of law is to be upheld.

The police’s campaign to reach out to the nation’s youth continued this week with the third ‘Blues for Youth’ camp. Home Minister Umar Naseer told participants that there was “no task too menial or lowly for a Maldivian”.

Meanwhile, Naseer signed an order shutting down Malé’s Dharumavantha Rasgefaanu mosque after an unauthorised congregation had prayed for the government’s destruction.

As Yameen’s administration approaches the one hundred days’ milestone intact, the policy to provide greater access to healthcare was introduced in Villinigili – albeit on a more modest scale than initially promised.

In nearby Gulhi island, a pioneering desalination project was launched by the UK’s Aquiva Foundation. The project – a joint venture with STELCO – will produce drinking water using the excess heat from electricity generators.

Further north, Alifushi island council has complained that emergency drinking water supplied to the island arrived contaminated with dust and bacteria.

Finally, the Olympic Committee this week announced plans to increase female participation in sports, setting a target of 33 percent of contingents sent to major international games to be women.

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EC receives complaints of damage to campaign banners and posters

Read this article in Dhivehi

The Elections Commission (EC) has said that it is receiving complaints of damage being done to campaign material – such as posters and banners – from most candidates contesting in the parliamentary elections.

The commission requested people not do anything that could violate the electoral rights of candidates, and called upon both candidates and supporters to work according to the code of conduct given in Article 23 of the “People’s Majlis Election Regulation 2013”.

EC president Fuwad Thowfeek said that the commission was receiving a number of such complaints everyday, particularly from Malé City.

“Such acts could disrupt social harmony, and we request everyone refrain from doing any such thing. Parliamentary candidates want to serve the public, and involvement in such things is not a very good start, said Thowfeek.

“While it is not our first preference, we will have to take legal action too. We will seek police assistance in controlling such things.”

He requested that campaigners paste posters only where it is permitted according to the regulations. During the presidential elections in 2013, the EC received a number of complaints regarding anti-campaigning, though Thowfeek noted that no such issues had come up this time.

“But we urge candidates and supporter to refrain from anti-campaigning. We will take action against them,” Fuwad said.

Last week, the Adhaalath Party issued a statement condemning acts violating their Hulhuhenveiru candidate Dr Mohamed Iyaz’s electoral rights. The party claimed that posters of some Maldivian Democratic Party (MDP) candidates were pasted over Iyaz’s posters and that his campaign banners were cut down.

The MDP candidate for Henveiru North, MP Abdulla Shahid, has also filed a similar complaint with the EC. Shahid’s campaign office said that his campaign posters and banners in the Henveiru North area were ripped and replaced with Progressive Party of Maldives (PPM) candidates’ campaign material.

Campaign activities for the parliamentary elections are escalating as the election scheduled for 22 March draws near.  A total of 316 candidates are competing for 85 seats this election, more than sixty percent of candidates representing political parties.

Earlier this week, the Environmental Protection Agency requested that all contestants ensure that campaign material does not litter the streets of the country, as was often the case during the presidential poll.

Th opposition Maldivian Democratic Party (MDP) is running for all 85 seats, while the ruling PPM has divided the seats among their coalition members, with the party retaining just 50 seats.

The remaining seats were divided between Jumhooree Party and the Maldives Development Alliance. The Adhaalath Party and the Dhivehi Rayyithunge Party are also competing in the election, while 125 independent candidates will also contest.

EC yesterday opened for voters re-registration for those intending to vote at a polling station other than that listed with the commission. The deadline for re-registration is 28 February.


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Alhan seeks to invalidate candidacy of MDP Feydhoo ticket winner

MP Alhan Fahmy will seek Civil Court assistance to invalidate the candidacy of Mohamed Nihad – winner of the opposition Maldivian Democratic Party’s (MDP) primary for the Feydhoo constituency, local media has reported.

“I asked for the primary to be annulled because the list used on polling day and the [eligible] voter list is different, and the focal point at the ballot box in Feydhoo has said the polls are not fair. And none of the candidates have signed the results,” Alhan told Haveeru Daily today.

The incumbent MP contends that the election in the Feydhoo constituency was fraudulent and that any candidate who won the MDP ticket through fraud cannot be a valid one.

Nihad competed against eight candidates, winning 316 votes. Alhan came in second with 154 votes.

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

Alhan was stabbed in public on February 1 and is currently receiving treatment at Colombo’s Central Hospital. He has announced he will contest March’s People’s Majlis election as an independent.

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MDP will reform the judiciary, pledges Nasheed

The opposition Maldivian Democratic Party (MDP) is seeking a parliamentary majority to reform the judiciary, former President Mohamed Nasheed said last night.

Speaking at an event in Vilimalé to launch the campaign of MDP candidate Sheikh Hussain Rasheed Ahmed, Nasheed said the Supreme Court feared that the opposition party would secure a majority in the People’s Majlis.

“They have summoned the Elections Commission there and are intimidating [commission members] for one purpose. They know the extent to which Supreme Court judges and other judges are tied to various politicians. They do not want the judiciary to be reformed because they want to remain in their posts, enjoy their undue advantages and keep engaging in corrupt activities for eternity,” Nasheed said.

No other party apart from the MDP would even talk about judicial reform, he added.

“What we will do with a parliament majority is reform the judiciary, reform the Supreme Court, reform the Judicial Service Commission,” he continued.

“You have to believe that none of our political opponents could say that they will reform the judiciary. They like it the way it is. What judges are doing is good [for them], too.”

Other parties and politicians turn a blind eye to injustice and the shortcomings of the judiciary as it served their interests, Nasheed contended.

Fair administration of justice was essential for a just society, Nasheed continued, pledging to complete the MDP’s ‘journey to justice’ campaign to reform the judiciary.

“Our government was toppled because we began this journey. All the obstacles we are facing is because of this reason. Nonetheless, we will not back down and, God willing, we will succeed in this task,” he said.

The former president also called on Chief Justice Ahmed Faiz Hussain to stop the apex court’s alleged efforts to “intimidate” members of the EC.

Nasheed concluded by expressing his hope that the upcoming parliamentary elections scheduled for March 22 would be free, fair and transparent.

Contempt of court

Nasheed’s remarks followed the Supreme Court summoning EC members on Wednesday to a surprise trial on charges of contempt of court.

The apex court contended that the EC had criticised the judgment which annulled the first round of presidential election held in September 2013, and disobeyed a Supreme Court order by dissolving eight political parties earlier this month.

The commission members were summoned under new ‘Sumoto’ or ‘Suo motu’ regulations that allow the Supreme Court to initiate hearings and act as both plaintiff and judge in a trial.

In addition to initiating proceedings against EC members, the apex court has in the past ordered police to investigate MDP-aligned private broadcaster Raajje TV over a report the station aired comparing the Maldivian justice system to that of ancient Sodom, suspended lawyers for publicly criticising the judiciary, and sought criminal charges against MPs for allegedly defaming the court.

In late January, the Supreme Court suspended former Attorney General Husnu Suood pending a police investigation, claiming that his criticism of the court’s decisions constituted contempt of court.

Suood told Minivan News that he believed the suspension was related to the sex tape scandal of Supreme Court Justice Ali Hameed. Suood was a member of the committee investigating Hameed’s alleged appearance in the leaked tapes.

The former AG was also barred from the apex court last year while he was representing the EC.

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations (UN) Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, expressed concern over “the case of a lawyer who had been indefinitely suspended by the Supreme Court for allegedly criticising one of its judgements in public”.

“Such a suspension leaves no avenue for appeal and review and it represents a violation of the rights of the lawyer. The Special Rapporteur is also concerned about reports regarding threats of contempt of court used to muzzle the freedom of expression of lawyers,” the report stated.

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