Documents from JSC show Gasim is lobbying Hulhumale’ court bench: MDP

The Maldivian Democratic Party (MDP) has alleged there is evidence to support claims that parliament’s member to the Judicial Service Commission (JSC), Gasim Ibrahim, has influenced the Hulhumale’ Magistrate Court bench.

The party’s comments follow a recently submitted motion by MDP Parliamentary Group Member Ibrahim ‘Bondey’ Rasheed to remove Gasim – who is also the leader and presidential candidate of Jumhoree Party – from the JSC.

Rasheed accused Gasim of influencing the legal processes in place to make judges accountable, adding that it “is not right” for a party president to sit on the JSC, local media reported.

Speaking to Minivan News today, MDP Spokesperson Hamid Abdul Ghafoor claimed that Parliament’s Independent Commissions Oversight Committee had received documents from the JSC, showing that Gasim had been lobbying the Hulhumale’ Court bench.

The JSC was responsible for both creating the Hulhumale’ Magistrate Court in which the former President of the Maldives and leader of the MDP, Mohamed Nasheed, is currently facing trial, and appointing the panel of judges hearing the case.

The MDP have maintained that the charges against Nasheed are a politically motivated attempt to bar him from the election in September – in which Gasim is also competing.

“The oversight committee received a total of 18 documents and a number of minutes from the JSC. The documents show that a magistrate [from Hulhumale’ Magistrate Court] had originally proposed a bench of judges for the court to the JSC on September 2, 2012,” Hamid claimed.

According to the MDP Spokesperson, the JSC had responded to the proposal by letter on September 4, calling for the aforementioned magistrate to “not do anything”.

“On the same day [September 4, 2012], The JSC then held a meeting at 12:30 whereby they proposed a new bench before ratifying it and sending it to the Supreme Court for approval.

“The JSC received the approval from the court on the same day and the bench proposed by the magistrate was never even discussed,” he added.

Responding to the MDP’s claims, JP Spokesperson Moosa Ramiz stated that Gasim had “every right” to sit on the JSC under the Maldivian constitution.

“Actually Mr Gasim is the JSC member not on behalf of the Jumhooree Party, but is there from the people’s majilis, so there are no more comments from the party on this matter,” Ramiz stated.

Gasim Ibrahim was not responding to calls from Minivan News at time of press.

Local media reported on Tuesday (March 12) that Ramiz had claimed the MDP’s motion to remove Gasim from the JSC was an attempt to tarnish Gasim’s reputation and “good name”.

Furthermore, Ramiz was quoted as saying that the slanderous statements made by the MDP were done because they feared Gasim’s popularity as a presidential candidate.

The parliament secretary general confirmed to local newspaper Haveeru that the motion to remove Gasim from the 10 member JSC had been received.

Last month, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul raised concerns over the politicisation of the JSC.

“I have heard from numerous sources that the current composition of the JSC is inadequate and politicised.

Because of this politicisation, the commission has been subjected to all sorts of external influence and consequently has been unable to function properly,” Knaul stated last month.

Knaul said that she believed it best for such a body to be composed of retired or sitting judges, adding that it may be advisable for some representation of the legal profession or academics to be included.

However, she maintained that no political representation at all should be allowed in a commission such as the JSC.

In response to the Knaul’s findings, Gasim accused her of lying and joking about the state of the Maldivian judiciary.

“[Gabriela Knaul] claimed that the judges were not appointed transparently, I am sure that is an outright lie. She is lying, she did not even check any document at all nor did she listen to anybody.

“She is repeating something that was spoon-fed to her by someone else. I am someone who sits in JSC. She claimed there were no regulations or mechanism there. That is a big joke,” Gasim claimed.

Knaul is an independent expert appointed to deliver recommendations on potential areas of reform to the Maldives’ legal system at the 23rd session of the UN Human Rights Council in May, 2013.

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Managing Director of Male’ International Airport Limited appointed

Bandhu Ibrahim Saleem has been appointed as the Managing Director of Male’ International Airport Limited (MIAL), local media has reported.

President Mohamed Waheed Hassan Manik told local media that foreign experts are to be employed as the Chief Operations Officer and Chief Finance Officer at MIAL – established by the government to manage Ibrahim Nasir International Airport (INIA).

The President told local media that both short and media term development plans for the airport have been noted, and an advisory committee has been formed in order to move forward with them.

Waheed claimed that flight delays have been reduced “by a record level” and that the dollar shortage issue was currently being solved through income from the airport.

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Transcript: President Waheed’s testimony to the Commission of National Inquiry

This article was first published on Dhivehi Sitee. Republished with permission.

Mohamed Waheed Hassan Manik, who took oath of office as President of the Maldives on February 7 2012, gave an interview to the Commission of National Inquiry (CoNI) on May 8 2012. Dhivehi Sitee has seen a copy of the English translation of the interview. Shared here is Dhivehi Sitee’s reading of the document. Some of the questions and responses have been summarised for brevity. Where I have been unable to decipher a coherent meaning from the translation, I have left the text and words as is, marked [sic].

Could you tell us details of how your meeting with the Coalition on 30 January 2012?

Leaders of the Civil Alliance first asked me to meet them on 20 January. By then they had been protesting for several days and nights. It was Adhaalath Party President Imran who called and requested the meeting. I think it was a Friday. I said I could meet him at 4:00 p.m. I informed President Nasheed via an SMS. If you wish, you can send someone from the President’s Office to participate, I told him. There was no response. Circumstances prevented them from coming, so the meeting did not happen.

A few days passed, and he called me again. I think it was the night of 30 January. They would come to meet me after the protests ended for the night.

Usually, the protests ended late. Some nights they went on until 2:00. Some people stayed up watching the protests on television till about 1:00. Me too. I usually stayed up until the end. They did not come at 12:00 as agreed. I received information they were coming to see me after a meeting elsewhere. When they came, there were about fifteen or twelve of them.

There were some leaders, leaders of protests too. This included Imran, Umar Naseer…I can’t recall their names right now…they came. As it was, before this meeting, I happened to have said something about Abdulla Ghaazee’s arrest. First I wrote a blog post saying I did not agree with the decision, and that I wasn’t happy about it.

Later, at a press conference I gave at the President’s Office, I said,

“I still believe he [Abdulla Ghaazee] should be released. But he mustn’t return to the bench until all issues surrounding him were addressed.”

From then on, everyone was ‘indignant’ [sic] with me. At the same time, I was becoming more popular among the protesters. Others, however, were not happy with me for saying that Abdulla Ghaazee should be released though not allowed on the bench.

I thought this was the reason they wanted to meet me. To ask me about what I had said. Considering how they do things, I assumed they were putting it on. It had been a long time since the protests started and, at the time, they were losing momentum. I thought it was just a PR stunt.

I believed, and still do, that Abdulla Ghaazee should have been released.

When they did turn up, I told them why I thought Abdulla Ghaazee should be released.

“He was arrested extra-legally. But, with the problems surrounding him, a judge of a court, he shouldn’t be on the bench,” these were my thoughts.

Even if requested by the judiciary, or acting on his own volition, Abdulla Ghaaze must not return to the bench until all investigations pending against him were completed. That would have been the best for peace and harmony.

“If there is a change in leadership, given how the protests are going, are you ready to take on the responsibilities of the government?” they responded.

“There is no need for a question like that. If, for any reason, the President steps aside, I should take his place. That’s my legal responsibility”, I told them.

“Say you had to carry out the responsibility. What would you do then?” one of them, I don’t know who, asked me.

“I am a member of a small party. This government came to power in a coalition,” I responded. If I were to take on the responsibility, I said, “I will work with everyone.”

“If that’s how you stand, we are with you,” they responded.

“We have a pact now,” one of them said to me as they left.

That was how the meeting went.

**********

There was a cabinet meeting the next morning. The moment I walked in, before I was able to say a word, Sheikh Hussein Rasheed jumped up.

“That was some meeting last night! I will not sit at the same table with someone who’s been in such a meeting!” Sheikh Hussein Rasheed walked out.

Other Ministers wanted to know what I had discussed at the meeting. I got a little upset.

“None of your business. I don’t have to answer to Ministers,” I said. I was really very displeased with them.

“I don’t have to tell you anything,” I said. “It’s not that I am going to keep it from you, it’s just that there’s no need for such questioning.”

The questions came mostly from people like Shifa, Zulfa, Hassan Latheef. The rest had none to ask.

I told them what I have just told you, what happened [at the meeting], what we talked about.

They began asking more questions. The President interrupted.

“The Vice President has explained what happened. That’s the end of it,” he said.

There were no more questions; it was the last time we talked about it. That was during a working meeting. Later that day, in the afternoon, there was an official meeting. No questions were asked.

*********

Did anyone in the Civil Alliance ask you not to resign under any circumstances?

Yes, that’s possible. I am not someone who has ever thought of resigning. I had been given a post…it is possible that if someone had asked me if I planned on resigning, I would have said ‘No, I have no such plan.’

Why should anyone even ask me such a question? I don’t know why I should resign at all.

**********

Why did you make a statement at around 2:30-3:00 on the morning of 7 February asking everyone to act within the law. You also warned the military and police. Why?

Yes. As usual, we were watching the protest. What we saw that night was unusual. We saw the police leaving the place [Artificial Beach] and a fight breaking out. As far as I remember, I do make such statements on occasion. So I gave a statement that night, too, asking everyone to act according to the law.

“If things carry on like this, it may get out of control,” I thought.

No one was asking me anything, no one sought my counsel. As Vice President, I was very concerned with what was happening. That’s why I gave the statement, so everyone could hear.

**********

How much truth is in the statement that President Nasheed called you on the 7th and received no response?

The last time President Nasheed spoke to me was at tea, after the cabinet meeting. I haven’t spoken to him since. If he had called me, there would be a call log, right? His number is still in my phone as HEP. If he had called me, my phone would register a missed call, right? He did not call me. Had he wanted to, there were plenty of options. We are both under the protection of the SPG [security detail]. If he had asked one of the officers to call me, or fetch me, they would have done so. I don’t believe he called me at all.

**********

Did you contact any political leaders of the Civil Alliance during the events of 7 February?

Not even slightly do I recall talking to any political leaders that night.

Is there any truth to President Nasheed’s various, and changing, statements that you were a leader in this mutiny, that deals had been made and other such stories?

I have no such information.

President Maumoon made a statement that night. Did you have any role in that?

I did not talk to President Maumoon. I first talked to Maumoon only after this change was brought.

**********

Why did you not attend the cabinet working session on the morning of 7 February?

As you know, so much was happening in Male’ that day. Huge events. On TV I saw President Nasheed go out to the Republic Square. I saw fighting. I forgot it was a working day, that a cabinet meeting was scheduled for the day. The whole day was so chaotic, I completely forgot about the cabinet meeting. I didn’t think anyone would be going to work that day so I stayed home. We hadn’t slept that night.

In the afternoon, Abdulla Shahid called to say the President was about to resign. This, too, made me sure there wouldn’t be a cabinet meeting that day. Isn’t this to be expected in a situation like this?

The way things were going, it just didn’t occur to me there would be a cabinet meeting that day. I would have been really anxious when I heard the President was to resign. I didn’t hear it from the President, he did not talk to me or call me. Abdulla Shahid did.

“It will only be official when I receive the letter. I haven’t got it yet. I’ll call you when I have it,” Shahid said.

One and a half hours later he rang me again. He had received the letter. Would I come to the People’s Majlis and take the oath?

So, actually, I didn’t know there was a cabinet meeting that day. No one from the President’s Office called to say a Cabinet meeting was on, no one called to invite me.

I forgot. But, surely someone from the President’s Office could have phoned and asked if I were coming? Nobody did. There were cabinet ministers around him when he resigned, I saw it on TV. I only learned later that his resignation had been preceded by a cabinet meeting.

**********

It has been alleged that, during a time of such crisis, you failed to perform your responsibilities as Vice President. How do you respond?

To fulfil my responsibilities, I made a statement. I believed I had to say something, so I made a statement urging obedience to the law. I said I was willing to help in anyway I can with everything. I made the statement because no one in the government was in touch with me.

President Nasheed didn’t call me. He made no attempt to discuss things with me. And, given our relationship at the time, I didn’t want to take the initiative and get involved in things he hadn’t invited me to. He hadn’t called me, so I didn’t know how things were going. But I did call [retired Major General] Moosa Jaleel sometime in the morning, when the police-military confrontation began. He did not answer.

Did President Nasheed ask you then, or at any time, to finish up and go? To ‘retreat’ [sic] or resign?

No. Never. But, back when the whole cabinet resigned, he discussed the possibility of mid-term elections with a lot of people. Mid-term elections could only be held if both of us resigned together. But, even then, he did not ask me to resign. I learned indirectly that he, or others, wanted me to resign.

The British High Commissioner, in a meeting about a year and a half ago, asked me what my plan was.

“How will I know what to do? It’s not been discussed with me. When the time comes, I will do the best for my country,” I replied.

**Dhivehi Sitee Note: What the transcript says next is below in quotation marks. I am not sure of the meaning of the paragraph, so I have left it as it is. **End of Note

Then he asked me what was Plan B, I told him that Plan B was to go according to this within this unrests, then the High Commissioner asked me if so what was Plan C. Nobody replied to that, then the Commissioner told that it is talking to each other. Plan C was not followed later.

**********

How much truth is in the statement that you sent some people to take over TVM before President Nasheed resigned?

My younger brother called me to tell me he was there. But it was after I took my oath. He worked in TVM for a long time, and would go there on other people’s request. I don’t know the details. I told him to remain there until we knew what was going on. He did. I began working on handing over TVM to MBC the next day. Within two days of me becoming President—in less than 48 hours—the board of MBC came to meet me.

“I’ll see what I can do,” I said. I handed over the responsibility of handing over TVM and Radio Maldives to MBC to the Attorney General. It took several days—around two weeks, I think, to make the required changes to the board, transferring assets and such like. As soon as the changes were completed he [brother] left TVM.

Do you believe that the situation got to a level where President Nasheed had to resign?

No, I don’t believe that. Not at all. I was surprised. President Nasheed is not someone who does things that easily. From what I have seen, he never did anything he did not want to do. I believe that things could have been resolved through talking. Why that didn’t happen, I don’t know.

How come people who led things that day have been given such high posts?

‘We all expected it to turn like this’ [sic]. When things changed, and I came to be in charge, my first priority was to maintain law and order. The Attorney General advised me, too, that I should first secure the Police, Home Affairs, and Defence.

So I gathered members of all political parties and continued to do things according to their advice. They suggested those names. They are not people I know.

But then again, I don’t know a lot of people.

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Authorities plan 14-storey court building

A 14-storey building used to house the Maldives’ superior courts is to be designed by Riyan Private Limited for a total of MVR 470,000 (US$30,519).

An official from the Judiciary Media Unit told local media that the Criminal Court, Civil Court, Family Court, Juvenile Court and Drug Court are to be transferred into the building once it is complete.

Riyan Private Limited has 62 days to design the building, which is expected to help alleviate space constraints faced by the courts, local media has reported.

The building is planned to be built on plot number 378, near Aa Sahara Cemetery in Male’.

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President Waheed appoints new President’s Office, Maldives Polytechnic roles

President Dr Mohamed Waheed Hassan Manik has appointed a new President’s Office under secretary and a chief executive officer at Maldives Polytechnic.

Adnan Haleem was yesterday announced to be taking up a chief executive officer role at Maldives polytechnic, according to the President’s Office. Meanwhile, Ali Hasham has been appointed as under secretary at the President’s Office.

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Eleven political parties dissolved after controversial bill ratified by President

Additional reporting by Neil Merrett.

Five political parties remain registered in the Maldives following the ratification of the controversial Political Parties Bill by President Mohamed Waheed.

Vice President of Elections Commission (EC) Ahmed Fayaz told Minivan News today (March 12) that a total of 11 political parties had now been removed from its political party registry in accordance to the new bill.

Out of the 16 parties that had previously existed prior to the ratification of the bill, only the Maldivian Democratic Party (MDP), Progressive Party of Maldives (PPM), Dhivehi Rayyithunge Party (DRP), Jumhoree Party (JP) and Adhaalath Party (AP) remain registered in the Maldives.

The Political Parties Bill, ratified today (March 12), states that parties who do not meet the required 10,000 members will no longer be recognised as such in the Maldives.

President Waheed’s own party, Gaumee Ihthihad Party (GIP) was one of the 11 parties dissolved following the bill’s ratification, despite the president’s claims that it had reached 10,000 members.

EC Vice President Fayaz said that whilst GIP and the Maldives Development Alliance (MDA) had both submitted enough forms to meet the 10,000 minimum, many of those forms were still pending and so could not be counted.

“There are two parties who have submitted close to, or over the 10,000 membership minimum, but just because the parties have 10,000 membership forms submitted, it does not mean they have 10,000 party members.

“We followed procedure in accordance to the [Political Parties] bill. Within that bill there is a clause that clearly states, that when a party that has less than 10,000 members it is to become null and void. The EC acted in accordance to the law,” Fayaz told Minivan News.

It had been previously reported that upon ratification of the bill, political parties with fewer than 10,000 members would have three months to reach the required amount or face dissolution.

When asked about the clause, Fayaz stated it only applied to registered parties in accordance to the bill, and that therefore if a party does not meet the 10,000 limit it cannot be classed as such and is therefore exempt from the three-month clause.

Government takes measures to “rectify” Political Parties Bill

Speaking to Minivan News, President’s Office Media Secretary Masood Imad said the government had decided to take measures to “rectify” the decision to dissolve all but five of the country’s political parties.

The dissolution of the parties is seen by the state as an infringement of people’s right to form political bodies, according to Masood.

“The constitution does give the right for every citizen to do this,” he added.

Masood contended that Attorney General (AG) Azima Shukoor had this afternoon sought to file motions with the country’s Supreme Court raising concerns with the decision to dissolve the parties following the ratification of the controversial Political Parties Bill by President Waheed earlier today.

However, at the time of press, he said he was not aware exactly of the nature of documentation submitted to the courts by the attorney general.

Addressing the impact of President Waheed’s own party being dissolved, Masood said the decision would not be a problem for the functioning of the present government.

However, he declined to comment on what implications a lack of party could have on President Waheed’s prospects for re-election.

“There maybe some issues there going forward, but you would need to speak with a spokesperson for the president’s party,” he said. “I would rather not comment on the matter.”

Local media reported that the AG’s Office had submitted both the Political Parties Act and the Privileges and Powers of Parliament Members Act to the Supreme Court today, stating that the bills contain a number of legal discrepancies.

At time of press, Attorney General Azima Shukoor and GIP party spokesperson Abbas Adil Riza were not responding to calls from Minivan News.

President Waheed’s Special Advisor and Leader of the government-aligned Dhivehi Qaumee Party (DQP), Dr Hassan Saeed, and MP Ahmed ‘Sun Travel’ Shiyam, Interim Leader of the recently formed Maldives Development Alliance (MDA), were also not returning calls today.

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IFJ warns that Privileges Act will undermine journalist source protection

The International Federation of Journalists (IFJ) has warned that the Parliamentary Privileges Act pressed into law today (March 12) will undermine the ability of Maldivian journalists to protect their sources.

Journalists in many developed countries, including the UK and Australia, are routinely sentenced to contempt of court extending to imprisonment for declining to reveal sources when asked.

The Maldives is one of the few countries to have so-called ‘shield laws’ protecting journalists from this, with the constitution containing specific provisions concerning freedom of expression in a bid to inspire confidence in potential whistleblowers.

Article 28 of the constitution states – “Everyone has the right to freedom of the press, and other means of communication, including the right to espouse, disseminate and publish news, information, views and ideas. No person shall be compelled to disclose the source of any information that is espoused, disseminated or published by that person.”

However Section 17(a) of the new Parliamentary Privileges Act states: “[Parliament or a Parliamentary Committee has the power to] summon anyone to parliament or one of its committees to give witness or to hand over any information which the parliament wish to seek.”

The Act was passed after a presidential veto was overridden by parliament, in a vote that obtained rare cross-party support. The Act follows the refusal of senior government and police officials to attend committee hearings when summoned, including Police Commissioner Abdulla Riyaz, and would theoretically criminalise such refusal in future.

The IFJ endorse the the Maldivian Journalist Association (MJA)’s opinion that the new power “is too broad in its provisions and could undermine the constitutional protection that journalists currently enjoy.”

“The IFJ believes that [Article 28 of the Constitution] is a salutary provision of law which makes the Maldives one of the few countries to provide constitutional protection to sources of journalists’ information,” the IFJ said in a statement.

“The IFJ joins the MJA in asking for a reconsideration of provisions in the Parliamentary Privileges Act which may undermine this valuable protection afforded to journalists and all citizens,” it added.

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Teachers forced to work overtime without pay: Teachers Association

The Teachers Association has voiced concern over claims that teachers are being forced to work overtime by certain schools without pay.

President of the Teachers Association, Athif Abdul Hakeen, told local media that teachers are only paid 8 hours worth of overtime regardless of the length of their extra working hours.

In accordance to Article 37 (b) of the Employment Act, Athif told local media that it is mandatory for all employers to pay their staff for the time spent working beyond scheduled working hours.

“I would like to tell all heads of schools to refrain from forcing any staff to work for more than 8 hours.

“If they are to work more than the mentioned 8 hours, they shall be paid for their overtime work, as mentioned by Article 60 of the Civil Service Act,” Athif was quoted as saying in SunOnline.

The Teachers Association president claimed that some schools have threatened teachers who refuse to work overtime, stating that ‘they might have to think twice’ about how they fill out their appraisal forms.

Education Minister Asim Ahmed told local media that claims by the Teachers Association regarding a lack of overtime payment are lies that have no basis.

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Man arrested in connection to March 5 unrest

Police have arrested a 26 year-old male in connection to unrest at a protest outside Male’ City Council on March 5, local media reported.

Hussain Abdullah, of Blue Bird house in Male’, was arrested on Monday (March 11) after police posted a video online searching for individuals who had allegedly caused unrest during the protest.

The demonstration on March 5 followed the arrest of former President Mohamed Nasheed ahead of his scheduled trial hearing at Hulhumale’ Magistrate Court the next day (March 6).

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