Hearing cancelled for 15 year-old girl facing fornication charges

The hearing of a 15 year-old girl charged with having “consensual sexual relations” was cancelled on Wednesday (January 23) following a request from the Prosecutor General (PG).

Juvenile Court Official told local media that the PG wanted to cancel the hearing as “charges had been raised against an individual for engaging in sexual activity with an underage person while holding a trustworthy position”, local media reported.

The hearing – to take place in Juvenile Court – had been cancelled in order for the PG to see if there was any reason to withdraw the fornication charges against the girl.

According to local media, the letter sent by the PG to Juvenile Court requesting the cancellation of the hearing did not mention who the “trustworthy” person was.

Earlier this month, a PG’s Office spokesperson confirmed that the charges against the minor were related to a separate offence under Sharia Law, which had been filed on November 25, 2012.

The 15 year-old, who is from the island of Feydhoo in Shaviyani Atoll, last year gave birth to a baby that was discovered buried in the outdoor shower area of a home on Feydhoo. Her stepfather was later charged with sexual abuse, possession of pornographic materials and committing murder without intent.

According to local media, the mother is now facing charges of concealing a crime.

The PG’s Office and the Juvenile Court were not responding to calls from Minivan News at time of press.

The charges against the 15 year-old have been labelled an “absolute outrage” by NGO Amnesty International.

In a statement Amnesty International’s Maldives Researcher Abbas Faiz stressed that suspected victims of rape and sexual abuse required counselling and support rather than criminal prosecution.

“We urge the Maldivian authorities to immediately drop all charges against the girl, ensure her safety and provide her with all necessary support,” the NGO’s statement read.

Amnesty Intentional also raised concerns that should the minor be found guilty of “fornication” as reported in the media, she could potentially be flogged in line with sentencing for similar cases held in the country.

“If found guilty of ‘fornication’ the girl could be punished with flogging. She would likely be kept under house arrest until she turns 18 when, under Maldivian law, the flogging can be carried out. Flogging is a violation of the absolute prohibition on torture and other cruel, inhuman and degrading treatment or punishment,” Amnesty International stated.

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“We have been off the streets for some time – now we are back”: MDP

Maldivian Democratic Party (MDP) supporters marched through Male’ on Tuesday (January 22) for the first time in several months to protest against the current coalition government.

The protest was the first large-scale march through the city since the Freedom of Assembly Bill was ratified by President Mohamed Waheed Hassan Manik earlier this month. The party claimed over three thousand attended.

MDP Spokesman Hamid Abdul Ghafoor told Minivan News that the party plans to hold more assemblies and protests in next coming months around Male’.

“The MDP have been off the streets some time, we had taken a break. Now we are back. We have too many options and ideas opening up and people need to know what’s going on,” Ghafoor added.

The demonstration took place the same day former President Mohamed Nasheed called on parliament to create an interim, caretaker administration following a week in which senior members of the defence and military gave evidence alleging the transfer of power on February 7 “had all the hallmarks of a coup d’etat.”

Minivan News observed the protest as it moved down through Majeedhee Magu at around 5:00pm on Tuesday evening.

Despite the large turnout of protesters and disruption caused to traffic, Minivan News witnessed only four police officers observing the march from down a side street off Majeedhee Magu.

Asked as to why police presence had been limited during the protest, Maldives Police Service (MPS) Spokesman Hassan Haneef said police had been “observing the protest”.

“Under the Freedom of Assembly Bill there are guidelines for protests. We made no arrests and I do not see why there should be a problem if there is no trouble caused,” Haneef added.

Minivan News witnessed only one incident of confrontation when a protester threw a handful of Maldivian rufiya notes at the face of a police officer – who did not react.

As protesters walked passed two police stations on Ameene Magu they began to chant “Baghee” to officers watching from outside.

“When you compare to how the police have reacted to us in the past, it was very different today. I still do not believe that the whole of police and Maldivian National Defence Force were involved in the coup,” Ghafoor said yesterday.

“In the past there is only trouble from police when we move into areas where they get nervous. They do not confront us as long as we keep away from those areas,” he added.

President’s Office Spokesperson Masood Imad and Police Commissioner Abdulla Riyaz were not responding to calls from Minivan News at time of press.

Usfasgandu handover

The protest took place a day after Male’ City Council (MCC) Mayor ‘Maizan’ Ali Manik appealed to High Court to suspend a Civil Court ruling ordering it to hand over the MDP protest site – Usfasgandu – to the Ministry of Housing and Infrastructure.

“The government want the MDP to go onto the streets, that way they can say there is no stability in the country and preventearlyelections from being held,” Manik alleged to Minivan News on Monday.

Responding to the Mayor’s allegations, President’s Office Spokesperson Masood Imad claimed the mayor needs to be more “Male’ mayor” than “MDP mayor”.

“Who is to say the MDP will start protesting on the streets if Usfasgandu is handed over? Why do some people think the [MDP] always protest?

“Contrary to what Mayor Manik thinks, I don’t think they go around making protests, I think the MDP are good guys,” Imad said.

Freedom of Assembly

The recently ratified Freedom of Assembly Bill imposes a number of restrictions on protesting from both protesters and police alike.

Among the key features of the Freedom of Assembly bill is the outlawing of demonstrations outside private residences and government buildings, limitations on media covering protests not accredited with the state and defining “gatherings” as a group of more than a single person.

One of the main stated objectives of the legislation is to try and minimise restrictions on peaceful gatherings, which it claims remain a fundamental right.

Under the legislation, demonstrations will be outlawed within a certain distance of the residences of the president and vice president, tourist resorts, harbours utilized for economic purposes, airports, the President’s Office, the courts of law, the Parliament, mosques, schools, hospitals and buildings housing diplomatic missions.

Earlier this month Ghafoor told Minivan News that the MDP stood against the principles of the Freedom of Assembly Bill, alleging its ratification is a response to the ‘Ingilaab’ proposed by former President Mohamed Nasheed last month.

Speaking at yesterday’s protest, Ghafoor said that the MDP had obtained permission from Male’ City Council to protest. MCC Mayor ‘Maizan’ Ali Manik also took part in the protest.

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Two Pakistani nationals arrested for carrying forged passports

Customs authorities in the Maldives have arrested two Pakistan nationals for carrying two forged passports.

The two men arrived on an Emirates flight to the Maldives and were arrested based on information provided by the Immigration Department, local media reported.

Upon a security check, three more passports including two Pakistan passports and one Belgian passport were found in their luggage.

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Land leased by Jabir’s company revoked due to outstanding rent payments

Land leased on Kaashidhoo in Kaafu Atoll to Maldivian Democratic Party MP Abdulla Jabir’s J Hotels and Resorts has been revoked by the government due to failure to pay rent.

According to local media, Kaashidhoo Council President Ali Sulthan said the land – leased for the construction of an 80-bed guest house – had been leased for the past ten months, of which only three months’ rent had been paid, local media reported.

An amount of MVR 166,000 (US$10,758) is apparently due from the company, which was contracted to pay a sum of MVR 15,000 (US$972) per month.

“The land was leased to a company owned by our constituent member Jabir. We have revoked the land because they were not paying the rent at all,” Sulthan was quoted as saying by Sun Online.

J Hotels and Resorts is operated under Jabir’s Yacht Tours Maldives.

Executive Director of J Hotels and Resorts Ibrahim Rasheed confirmed to local media that that the company does own a land in Kaashidhoo, but it does not have land with outstanding rent payments.

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Child support payments increased to MVR 1000

Child support payments are to increase to MVR 1,000 (US$64) after the Parliament Regulation Committee decided the previous amount of MVR 450 (US$29) was too small, local media reported.

The amendment to article 65 of the Family Regulation now states that a father who has more than one child is required to pay MVR 1,000 per child, per month until the child reaches 18 years of age, local media stated.

A father who has one child is required to pay MVR 2,000 (US$129) per month until that child reaches 18.

The amendment further states that MVR 2,000 must be provided to a woman during iddah – the period of waiting after a divorce, local media reported.

The amendment to the Family Regulation was proposed by Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam.

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Foreign Ministry stalls return of 8000 “ownerless” passports

The Foreign Ministry has stalled attempts to hand over almost 8000 foreign passports to their respective High Commissions, claiming details regarding the owners whereabouts still needed to obtained by immigration authorities, local media has reported.

State Foreign Minister Hassan Saeed said the Foreign Ministry will only deliver the passports to the respective consular authorities once immigration clarifies the location of the owners, a task described as “huge” and “difficult” by Immigration Controller Dr Mohamed Ali.

Saeed claimed the number of foreigners who had not left the Maldives while on temporary travel documents was close to the number of ownerless passports held at immigration, local media reported.

“We have a number of foreigners who have left the Maldives on temporary travel documents. But if that number does not match with the passports and if we try to hand over the passports there will be complaints, and questions asked over the quantity of the passports and the whereabouts of the holders,” Saeed was quoted as telling local newspaper Haveeru.

Dr Ali told Minivan News on Tuesday that it would be a “huge task” to obtain the details needed before the passports could be handed over to the respective High Commissions.

Asked if it was realistic to expect immigration to find the whereabouts and details of the owners of all 8000 passports, Ali said such feat would be a “difficult task”.

According to local media the exact number of expatriates in the Maldives is unknown. However immigration statistics show there are 120,000 registered expatriates who regularly pay their visa fees and a further 40,000 illegal immigrants.

Ali told local media that the majority of the passports are from Bangladesh, however there were passports from India and Sri Lanka as well.

An official from the Indian High Commission said the passports should be returned to the respective governments, as they posed a security risk.

The official condemned the practice of Maldivian employers – including some government departments – withholding the passports of their employees: “Keeping someone’s passport is a threat on a private level.

“Passports should belong to the person and no one else. It is a security risk for individuals to not have their passport in their possession,” the official said.

Earlier this month, the Ministry of Foreign Affairs inaugurated an initiative targeted at raising awareness of the issue of human trafficking in the Maldives.

The Maldives has come under strong criticism internationally in recent years over its lack of effort to prevent people trafficking, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking three years in a row.

Speaking at the recent inauguration of the Blue Ribbon Campaign Against Human Trafficking, Minister of Foreign Affairs Dr Abdul Samad Abdulla stated the initiative formed part of a larger plan to try and addressing human trafficking in the Maldives.

“We have been conducting a lot of work to deal with the issue, though it may be generally a little known fact,” Samad claimed. “Our intention now is to work together with local media outlets and create more awareness about the issue. I would like to request media cooperate in this initiative.”

The Foreign Ministry also announced it had signed a memorandum of understanding (MOU) with multiple local media outlets in the country to conduct the Blue Ribbon Campaign.

Minivan News was awaiting a response from the Foreign Ministry at time of press.

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Increase in Chinese presence in Maldives IT sector sparks Indian concern

Indian authorities have expressed concern over China’s expanding influence in the IT and telecom sectors in the Maldives, Indian media has reported.

The Indian Ministry of Communications and IT, along with security agencies in India, have now agreed that Beijing’s state-owned companies should be “kept at bay” from Maldives’ IT and telecom sectors, The Hindu reported.

Indian intelligence agencies were alerted to the issue after the Maldives requested a soft loan of US$54 million for an IT infrastructure project from China

The Ministry has suggested the Indian government plan a substantial investment in the Maldives along similar projects to ensure telecom traffic between India and Maldives is handled through equipment the Indian government has confidence in.

“The Government… may also plan substantial investment in the Maldives on similar projects [as being planned by China] ensuring that the traffic between India and the Maldives is handled through the equipment installed and commissioned in the Maldives by India,” read internal government note, according to Indian newspaper the Hindu.

The Sri Lankan subsidiary of Chinese telecom equipment-maker Huawei Technologies has already signed an agreement with Maldives’ National Centre of Information Technologies to develop IT infrastructure under the ‘Smart Maldives Project’, Indian media stated.

“The proposed project assumes significance due to the fact that China can capitalise its influence over the Maldives to utilise the latter’s network once the project is implemented,” the Indian Reasearch & Analysis Wing said in an internal note as reported by the Hindu.

Minivan News was awaiting a response from Indian Minister for Communications & Information Technology Shri Kapil Sibal and Indian External Affairs Minister Salman Khurshid at time of press.

Former Transport and Communications Minister Dr Ahmed Shamheed claimed the issue of Chinese involvement in the Maldivian IT sector had been raised by Indian officials in the past.

Shamheed said that a ‘smart card’ project that had been signed between China and Nasheed’s government to replace the National ID cards had sparked interest from the Indian government.

“The Indian High Commissioner in the Maldives once suggested to me that [the Chinese] would steal all of our government’s data should we work with them.

“The deal with the Chinese was that they would provide us with smart cards which will replace our current ID cards. When this happened, the Indian government wanted to provide us with their own system instead of the Chinese one,” Shamheed told Minivan News.

Acting Minister of Transport and Communications Mohamed Nazim was not responding to calls at time of press.

Defence Minister visits China

Last month (December 10, 2012) Minister of Defence and National Security Mohamed Nazim departed to China on an official five-day visit at the invitation of the Chinese Minister of National Defence.

The move fuelled speculation in the Indian media of a Chinese role in the government’s decision to void the agreement and evict the GMR-led consortium that took place two days prior to the visit in December.

“Looking at the political situation and political framework in Maldives, I can’t rule out anything,” GMR Airports chief financial officer (CFO) Sidharth Kapur told journalists in New Delhi in December.

Following official talks between the defence ministers, Chinese state-run Xinhua news agency reported in December that Nazim assured Chinese Minister of National Defence General Liang Guanglie that the Maldives was “willing to cement relations between the two countries and their militaries.”

Chinese companies discuss Maldives’ satellite slot

Former Minister of Communication Dr Ahmed Shamheed told Minivan News in December 2012 that Defence Minister Nazim had met with two Chinese companies interested in operating a satellite designated for the Maldives.

Under the International Telecommunication Union (ITU), the Maldives could be entitled to an “orbital slot” for a satellite.

Because the Maldives’ lacks the capabilities to launch and operate a satellite, the state would have to lease it out to an external party, Shamheed said.

According to Shamheed, Defence Minister Mohamed Nazim had already been approached by various Chinese companies who have expressed interest in the satellite venture.

“At first, I had been involved in casual meetings with these companies, but now it seems to getting more serious. Nazim had even questioned as to why we have not yet signed an agreement with them,” Shamheed alleged.

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Finance Ministry not working to recover funds lost through state incompetence: AG

The Finance Ministry has not been working to recover lost funds from the state, Auditor General Niyaz Ibrahim has alleged.

Speaking to local media, Niyaz said  the state treasury has suffered huge losses due to incompetence from state employees.

Despite audit reports revealing where money has been wrongly spent, Finance Ministry has not been working to recover the funds, Niyaz told local media.

“We are sending a copy of the audit reports from each institution to the Finance Ministry. We recommend the finance ministry to take action against them in which the ministry is involved.

“However there has not been enough work towards taking action against them, especially in the cases where the incompetence of some employees and other loss,” Niyaz was quoted as saying in local newspaper Haveeru.

The Auditor General said that transactions made against the state finance act and violations of travel procedures in government offices were common issues repeated in the audit reports.

Niyaz added that as some offices are repeating these mistakes, there will be a period of three months whereby the offices have to improve prior to an assessment at the end of the time period.

Cases of incompetence or deliberate acts of fraud resulting in losses of state funds are also being submitted to the Anti-Corruption Commission (ACC) by the Auditor General, according to local media.

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Male’ City Council to appeal following court order to hand MDP protest site to government

Male’ City Council (MCC) has appealed to the High Court asking for it suspend a Civil Court ruling to hand over the Usfasgandu area to the Ministry of Housing and Infrastructure.

The Maldivian Democratic Party (MDP) has been using the area as a protest camp after it was allocated the land by MCC. According to a Civil Court order, the MCC violated the government’s land use plan because it lacks the authority to hand over the land to other parties.

MCC Mayor ‘Maizan’ Ali Manik told Minivan News that the city council allocated the Usfasgandu area to the MDP in order to keep them from protesting on the streets around Male’, and that a letter had been sent to High Court today (January 21) asking it to suspend the Civil Court’s ruling.

“Usfasgandu is not only for the MDP but for the whole of Male’. Without it (the MDP) would be on the streets. To prevent this we gave them the area.

“The government want the MDP to go onto the streets, that way they can say there is no stability in the county and prevent early elections from being held,” Manik alleged.

Asked if the MDP would be allocated another area should they be removed from Usfasgandu, Manik answered “If they request for it, we will reply”.

Home Minister Mohamed Jameel Ahmed was not responding to calls from Minivan News at time of press.

The area has been used for protests by the MDP since their former site near the tsunami monument was forcibly dismantled by police and military on March 19, 2012.

Maldivian Democratic Party (MDP) Spokesman Hamid Abdul Ghafoor said the threat of eviction is not an issue for the party who, if removed, “will simply have to find a new space”.

“Occasionally there are efforts made by the government to go to great lengths in order to restrict freedom of expression and assembly and this is one of them. This should not impact the MDP, we have grown in the past without space,” Ghafoor added.

“MDP are thinking in a nutshell”

Responding to allegations that the government is attempting to limit freedom assembly, President’s Office Spokesman Masood Imad told Minivan News that “if anything [the Usfasgandu handover] is facilitating freedom of assembly for everyone else”.

“By constantly being at Ufasgandu, are the MDP not limiting other people’s freedom of assembly and expression? If the Home Ministry is to take the site accessible for other parties to use the space as well as the MDP, it is not a restriction of assembly.

“They could make it like the artificial beach area so it can be used by all parties based on request, I am sure the MDP will be given the chance to use it,” Imad said.

Regarding Mayor Manik’s comments, Masood claimed the mayor needs to be more “Male’ mayor” than “MDP mayor”.

“Who is to say the MDP will start protesting on the streets if Usfasgandu is handed over? Why do some people think the [MDP] always protest?

“Contrary to what Mayor Manik thinks, I don’t think they go around making protests, I think the MDP are good guys,” Imad said.

Should MCC’s appeal to High Court fail to suspend the Civil Court’s order, MDP Spokesman Ghafoor stated it would be up to the National Executive Committee or the National Council to take the matter further.

“The reason for this would be because the MDP is being denied a constitutional right and cornerstone of the human rights based democracy we achieved through peaceful assembly,” he added.

The civil court’s ruling, which orders the area to be handed over within the next seven days, states that MMC’s current use of the area is in contradiction to the agreement made between the council, Ministry of Housing and Infrastructure, and Ministry of Finance and Treasury.

According to the agreement, the land “shall be kept empty for public use and that the land shall be developed in manner accessible to the public all times.”

Ghafoor further claimed the government has become “very adamant” in taking back control of land from local councils, alleging that the ultimate aim is to prevent freedom assembly.

Condoms and black magic: Previous Usfasgandu raid

In May 2012, Maldives’ cabinet announced its decision to hand over the Usfasgandu area to the Ministry of Housing and Environment.

Following the “non-compliance” of MCC in handing over the area, police were asked to intervene and “take over”.

Police raided the MDP protest camp at Usfasgandu on the morning of May 29, 2012, after obtaining a search warrant from the Criminal Court and cordoning off the area from MDP demonstrators.

Reasons for the search as stated on the warrant included: “suspected criminal activity”, “damage to public property”, and “suspected black magic performed in the area”.

Under evidence, the warrant alleged that people in the Usfasgandu area verbally abused police officers and damaged a police vehicle on April 20, obstructed a Maldives National Defence Force (MNDF) exercise of May 9, and on May 25 “MDP protesters threw a cursed rooster at MNDF officers.”

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