Maldives omitted from 2012 global corruption index due to “insufficient data”

The Maldives has been omitted from Transparency International’s global Corruption Perception Index (CPI) for 2012 after it failed to receive required data from one of the three sources used to determine how it fares against other nations in terms of transparency.

The CPI ranks 176 nations in terms of their perceived corruption. States such as Denmark and Singapore rate at the top, while nations such as Zimbabwe and Somalia fall at the bottom of the index.

Last year the Maldives found itself placed 134 on the CPI, a slight improvement on 2010, despite continued fears of a “systemic failure to address corruption” by Transparency Maldives, the NGO’s local affiliate.

Transparency Maldives Project Director Aiman Rasheed told Minivan News that the Maldives’ failure to be included within the 2012 CPI “would raise a few eyebrows” internationally.

However Rasheed said that he did not expect there to be a significant detrimental impact in how the nation was already perceived by financiers, investors and other development groups.

“We have been included [on the CPI] for the last few years in 2011, 2010 and 2009, so I don’t think the ranking for this year will have been a big departure from these,” he said, adding that the challenges facing the country as a result of corruption still existed in 2012.

Rasheed said the CPI was a composite index based on information from a number of sources including the World Bank. He explained that of the three sources on which the Maldives’ CPI position was determined, the Asia Development Bank (ADB) had this year not supplied the required information needed by Transparency Maldives to compile its findings.

“We don’t have any reason for why this has happened and I would not wish to speculate,” he said.

However, a source with knowledge of the matter told Minivan News on condition of anonymity that there could be a number of reasons for the ADB failing to provide information on the Maldives.  These reasons were said to include a possible failure by the government over the last 12 months to provide statistics and figures to the ADB.

The ADB was not responding to calls from Minivan News at time of press.

Questioned as to how the country’s omission from the 2012 index would reflect on Transparency Maldives’ own work, Project Director Rasheed said it would be vital to clearly communicate with international groups the reasons for not being included this year.

“It does present us with some challenges. We have to hope people understand that there was insufficient information received,” he said.

Transparency Maldives last year alleged that the Maldives continued to be rated as having more perceived corruption that many other neighbouring countries, a situation linked to what it claimed was a lack of accountability and transparency across the country’s judiciary, parliament and members of the executive. The NGO maintained that last December that there remained a “systemic failure” within the national mechanisms established to bring accountability to the branches of state.

Just last month, a senior legal official who served under the current and former administrations has claimed the country’s legal system is wide open to corruption by allowing individual judges to schedule court hearings at their whim.

The legal figure, who has been involved in some of the country’s highest profile cases heard in recent years, told Minivan News it was “quite evident” that the lack of a centralised system for scheduling legal hearings was not only resulting in massive inefficiency, but also allowing for corruption within the country’s court system.

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“Maldives can do whatever it wants”: Chief Justice of Singapore

The Supreme Court in Singapore has overturned an injunction blocking the Maldivian government from voiding its concession agreement with GMR and evicting the airport developer by midnight tomorrow.

“The Maldives government has the power to do what it wants, including expropriating the airport,” declared Chief Justice of Singapore, Sundaresh Menon.

The Maldives appealed the stay order which was granted after cabinet on November 27 declared the country’s concession agreement with the developer ‘void ab initio’, or invalid from the outset, and gave the company seven days to hand over the airport to the state-owned Maldives Airports Company Limited (MACL).

The government rejected the injunction, with President Mohamed Waheed’s Special Advisor telling reporters: “I believe that the Singapore court interpreted the law wrong. We cannot wait for a hearing of the appeal. What I am saying is there is no damage to GMR but we face damages by not terminating the agreement.”

GMR dug in its heels, clinging to the injunction, with the backing of the Indian government, which urged the government to take “no arbitrary and coercive measures pending the outcome of the legal process underway.”

CEO of GMR Male International Airport, Andrew Harrison, told Minivan News on Thursday afternoon that it was “too early to say” whether the withdrawal of the injunction meant company was now obliged to hand the airport over to MACL before the deadline on Friday.

“We are waiting to review the full judgement, which is currently being written up. We’ve always been advocates of following the law. We will have a staff briefing tomorrow afternoon,” he said.

MACL meanwhile released two statements claiming that it had met with airlines operating at the airport and advised them that it would be taking over the airport from midnight at December 7. Details of the meeting were not provided.

MACL’s website remains inaccessible a week after it was targeted by Indian hackers, who replaced it with the slogan: “If you don’t know how to secure a website, can you run an Airport securely, MACL?”

GMR held a press briefing for journalists in Delhi yesterday.

Asked about whether GMR had felt the involvement of another country such as China in the development of the Male’ airport, the company’s CFO Sidharth Kapur said “I can’t say that for sure. But, looking at the political situation and political framework in Maldives, I can’t rule out anything.”

GMR had received no response from any attempt to communicate with President Mohamed Waheed, he said.

President’s Office Spokesperson Masood Imad meanwhile told Indian newspaper The Hindu today that after reclaiming the airport, the government would again float a tender for its modernisation “and get more parties in to take the work forward.”

“The tender will be floated by the Maldives government in a transparent manner and after consulting investors. The mistakes made during the float of the tender which has been cancelled will not be repeated,” Imad told the paper.

The Waheed government has previously accused the International Finance Corporation (IFC), a World Bank entity, of being “irresponsible” and “negligent” in advising the former government of President Mohamed Nasheed in the concession of INIA

The IFC has denied the accusations, stating that its advice was geared towards achieving the “objective of upgrading the airport and ensuring compliance with applicable international regulations” and providing the Maldives government “with the maximum possible revenue”.

“A competitive tender was organised with the objective of selecting a world-class, experienced airport operator, who would rehabilitate, develop, operate and maintain the airport,” said an IFC spokesperson, in September.

Environment Minister Dr Mariyam Shakeela has separately appealed to China for financial and technical support, telling journalists from the Chinese government’s authorised web portal China.org.cn that the Maldives “needs funds for infrastructure building.”

“We are obviously in need of funds and technical assistance as we do not have the financial means, the technical know-how or the capacity to address these huge climate change issues,” said Mariyam, in an appeal for assistance with climate adaptation.

Former President Mohamed Nasheed, under whose administration the concession agreement with GMR was signed, called on the government to reconsider its decision to take over the airport and “pull back from the brink and cease its counter-productive behaviour, which is damaging the nation’s economy and bilateral relations.”

Nasheed said the Maldives was “rapidly developing a reputation among foreign investors akin to Zimbabwe, where government might is right and contract law counts for nothing.”

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Maldivian government appeals stay order as GMR eviction deadline nears

The Maldivian government is appealing an injunction granted by the Singapore High Court halting its eviction of Indian infrastructure giant GMR from the Maldives pending the outcome of arbitration proceedings.

Minivan News understands that the hearing began at 10:00am this morning Singapore time, and is expected to take most of the day.

The government at the time denounced the injunction as an imposition on the country’s sovereignty. At a press conference hours after the stay order was granted by the Singapore High Court, Defence and Acting Transport Minister Mohamed Nazim pledged the government would “continue the airport takeover and Insha Allah from next Saturday onwards [the state-owned] Maldives Airports Company Limited (MACL) will be running the airport.”

“The government remains firm and committed towards implementing its decision to terminate the agreement. We will not reconsider it,” he said at the time.

The deadline for the government’s eviction of the Indian airport developer is midnight tomorrow (December 7).

GMR on Tuesday “categorically” refuted claims by the government to international media that it had agreed to vacate Ibrahim Nasir International Airport (INIA), following a meeting between airport CEO Andrew Harrison and Defence and Acting Transport

Harrison told Minivan News that Nazim had said that “no force would be used to take over the airport” and that “media reports that the MNDF would take over the airport are untrue.”

“Our position, which I communicated to them, remains crystal clear,” said Harrison. “The Singapore High Court has issued an injunction which clearly prevents MACL or the Government of Maldives or any of its agents from taking any action that interferes with GMIAL operating the airport.

“The injunction clearly prevents them from taking the action outlined in their notice issued to us stating that the airport would be taken over at the end of the seven day period. We remain resolute in our position and there is no question of an offer being made and certainly no question of any alleged offer being accepted as we will simply not agree to our rights nor the injunction being undermined in any way.”

The Civil Aviation Authority has however informed the developer that its aerodrome certificate will be withdrawn at 23:59 on December 7, without which GMR has acknowledged it cannot operate the airport. The impending stalemate potentially has ramifications for tourism disruption at the start of the peak season.

Meanwhile, Minister of State for Home Affairs Abdullah Mohamed was reported in local media as telling a press conference yesterday that “GMR has the opportunity to seek fair compensation if they are not satisfied with the government’s decision.”

The Indian Ministry of External Affairs has meanwhile issued a statement calling on the Maldivian government to allow the “legal processes involved in the GMR case to take their own course based on the contractual obligations of the parties involved. The Maldivian government should not allow the situation to go out of hand.”

“In this context, it is expected that no arbitrary and coercive measures should be taken pending the outcome of the legal process underway. Resort to any such actions would inevitably have adverse consequences for relations between India and the Maldives,” the MEA Spokesperson said.

“We are concerned over reports from the Maldives about continuing violence and intimidation against elected representatives and expressions of radical sentiments. There is need to ensure that the rule of law is upheld and principles and tenets of democracy are maintained. We will continue to monitor the situation closely.”

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Criminal court grants police warrant to obtain IP address of Minivan News commentator accused of “violating Islamic principles”

The Criminal Court has granted a warrant for police to obtain the email and IP address of a Minivan News commentator accused of “violating Islamic principles”.

In a letter signed by Police Inspector Moosa Ali, Head of Fraud and Financial Crime, states that a case was filed at police regarding the commentator’s use of the identity ‘Maai Allah’, and requests Minivan News provide the email and IP address for the investigation.

The letter also asks Minivan News to remove the comment, located on a story dated November 28 titled: ‘Government “cynically used xenophobia, nationalism and religious extremism” to attack foreign investor: former President’.

“As you know, the Maldives is a 100 percent Muslim nation and as no human being has been empowered to take for himself the almighty status using the name of Allah, and as this is insulting to the noble name of Holy Allah and undermines noble Islamic principles or tenets, we require information of the person who made this comment for our investigation,’’ the letter stated.

‘Maai’ is the Dhivehi word for ‘holy’.

The accompanying court warrant was signed by the Chief Judge of the Criminal Court Abdulla Mohamed, and issued in connection with a case filed by the Cyber Policing Department of the Maldives Police Service.

Minivan News understands that this the first time police have requested the details of an internet commentator in connection with a case filed on religious grounds.

As a Maldives-registered media outlet Minivan News has complied with the warrant and removed the comment as obliged under Maldivian law. The particular IP address requested by police is registered in a foreign country.

Police informed Minivan News that the case was filed by religious NGO Jamiyyathul Salaf.

The serving of the court warrant follows a statement released by religious Adhaalath Party on December 3 stating that “approving and publishing such comments is a failure to properly fulfill the responsibilities of journalism”, and “calling on the person who wrote the comment and who published it to repent and reform [themselves].”

“A person has commented on Minivan News, a newspaper published online in the country, claiming to be Allah. This is something that involves a serious wrong in it. The reason is because the phrase ‘Allah’ refers to the name of Creator Allah, whom Muslims pray to, seek strength from and whom people find peace in their hearts by praising. Therefore, no human can say I am ‘Maai Allah’ [Holy God]. [They should] instead say ‘Abdullah’ or ‘slave of Allah’,” the party explained.

“If the intention of the person who wrote the comment was to characterise himself as a Khaleefa [steward] of God, that too is a serious wrong. The reason is because all things were created by Allah. And all things are possessed by Allah. Nothing escapes the knowing or possession of the deity. Therefore, only Allah would know whom he would appoint a steward on this earth. A person cannot claim on his own that he is the ‘steward of Allah’.”

“As such problems are a recurring one in the aforementioned newspaper, we urge the relevant authorities to investigate this and take action,” the party urged.

A media monitoring report by Transparency Maldives published in December 2011 found that Minian News’ coverage of the Adhaalath Party was 100 percent positive.

Editor of Minivan News JJ Robinson said:

“Whistle-blowers entering a source relationship with a journalist for a story in the public interest are entitled to legal protection from identification under the Maldivian Constitution. However without a prior journalist-source agreement commentators have no such protection, and need to be aware that under Maldivian law news websites registered in the country cannot guarantee the publication of comments, or anonymity.”
“A platform such as Minivan News  is no more accountable for the opinions and statements of its readers than an internet service provider (ISP) is for the content viewed by its subscribers, yet under Maldivian law is obliged to remove comments where advised by relevant authorities,” Robinson said.

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GMR disputes government’s claims to international media that it had agreed to vacate airport

Indian infrastructure giant GMR has said it “categorically refutes” claims made by the government to international media today that it had agreed to vacate Ibrahim Nasir International Airport (INIA).

The government yesterday dismissed an injunction on GMR’s seven day eviction notice granted by the High Court of Singapore, and vowed that the airport would be run by the state-owned Maldives Airport Company Limited (MACL) by December 7.

A Finance Ministry official said on condition of anonymity that GMR had agreed to vacate following “informal communication.”

“It’s unofficial. They are even selling off their items at a cheaper price. They have given 40-60 percent discounts. They are selling off whatever they can sell off from here including iron bars, concrete, and cement. So I think there won’t be any confrontation or any such nature. All the department heads and senior staff will start working for the Maldives Airports Company Limited MACL from December 7,” the official claimed. “Even though they maintain in public they are not going to vacate, they are going to vacate.”

President’s Office Spokesperson Masood Imad meanwhile told reporters that “Whatever the financial implications on their investments, we have already filed a case in Singapore court for arbitration. We will pay the compensation, what we have to pay.”

However CEO of GMR Male International Airport Limited (GMIAL), Andrew Harrison, said that while GMR had met with a delegation from the government at 11:45am this morning, “we did not agree nor state our willingness to hand over Male’ airport.”

Harrison told Minivan News that he had been advised by a Maldives National Defence Force (MNDF) Colonel at 11:03am that Defence Minister and Acting Transport Minister Mohamed Nazim wished to meet him personally.

“The meeting was attended by the Acting Transport Minister, the Chairman of the Maldives Civil Aviation Authority, our lawyer in the Maldives and three members of the MNDF,” Harrison said, in an emailed account of the meeting.

“The meeting was cordial and the Acting Transport Minister outlined the following: that MACL would be operating the airport from Saturday morning in line with the Government of Maldives communication to GMR-MAHB; that the Minister would like a smooth transition as the airport operations should not be affected or suffer in any way; that passengers should not be inconvenienced and therefore all activities including Duty Free would be allowed to continue as is.”

According to Harrison, Nazim informed GMR that “According to their legal advisors the injunction issued by Singapore High Court does not prevent them from taking over the airport and the injunction cannot be applied to a sovereign state.”

Nazim had furthermore proposed offering “100 percent employment in MACL to all staff currently working for GMIAL and an announcement to that effect made tomorrow by the MACL Board .The offer includes both local and foreign staff at their existing terms and conditions including salary,” Harrison stated.

“Our position, which I communicated to them, remains crystal clear. The Singapore High Court has issued an injunction which clearly prevents MACL or the Government of Maldives or any of its agents from taking any action that interferes with GMIAL operating the airport. The injunction clearly prevents them from taking the action outlined in their notice issued to us stating that the airport would be taken over at the end of the seven day period. We remain resolute in our position and there is no question of an offer being made and certainly no question of any alleged offer being accepted as we will simply not agree to our rights nor the injunction being undermined in any way.”

GMR’s lawyer had advised that the injunction was to be was to be honoured “as their representatives and the Attorney General [Azima Shukoor] were party to those proceedings and were present during the proceedings in the Singapore High Court.”

“Further to this we have issued a communication to their lawyers to confirm that their client (MACL/GoM) will not ignore the injunction and outlining the consequences as well as the disturbing media reports that they will ignore the injunction and take over the airport as planned,” Harrison stated.

Nazim had explained that “as he was not a legal person” he would arrange for a legal team to meet GMR’s representatives tomorrow, and pledged to “maintain dialogue”, Harrison said.

“We will always maintain dialogue but our legal position is very clear and we will not compromise on our legal position which is clearly supported by the injunction.”

Moreover, “any version of the meeting being described any differently to my response is categorically untrue and we maintain that we have been granted the right to continue operating the airport in line with the injunction. There is and has never been any change in our position.”

Harrison added that Nazim had also said that “no force used to take over the airport” and that “media reports that the MNDF would take over the airport are untrue.”

Claims that the company was discounting were true – “in the duty free shop”.

“We have a 40 percent sale in duty free because we are trying to minimise our stock holding,” said Harrison. “It is delighting passengers. But I can categorically state we have no intention of going anywhere.”

Indian industry groups back GMR

The 400,000-member Associated Chambers of Commerce and Industry of India (ASSOCHAM) has meanwhile issued a statement today in support of GMR, warning that “the attitude of Male’ Government, despite the rulings of Singapore High Court, will shake the confidence of the investors and will jeopardise the spirit behind the cooperation of the SAARC nations.”

The industry group appealed to the government to respecting the Singapore judgement, and said it “conveys its displeasure against any unilateral termination of economic agreements, that will be determent to the growth of the nations and might even sow seeds of suspicion amongst the potential investors in all times to come.”

A second industry group, the Confederation of Indian Industry (CII), also issued a statement in support of GMR.

“It is extremely important for all the concerned parties to respect the sanctity of the concession agreement and abide by the provisions provided therein to resolve any dispute within the stipulated legal framework”, said the CII’s Director General, Chandrajit Banerjee.

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No official response from PIC over bystander’s death, authorities “elusive and slow”, says widow

Leaked CCTV footage which has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17 has been making rapid rounds on social media.

The family of the victim in September raised the matter with the Police Integrity Commission (PIC), stating: “the ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle.”

Ibrahim’s widow Naseema Khaleel told Minivan News on Monday that she had received no official response from the PIC to her letter.

“I call the PIC now and then and ask about it. They first said they’ve asked the police for the relevant footage, then later said they had received it. The standard answer since then has been that they are looking into the matter,” Khaleel said.

“The police call every now and then. They called a few days back to ask for the motorcycle registration and bills. They too say they are investigating the case. I do want to take the matter to court. Right now I’m waiting to see if we get a response from PIC,” Khaleel explained. “What else can we do?”

Khaleel stays home taking care of the couple’s two children, and said she has faced much hardship following her husband’s death.

“No state bodies or anyone else have extended any sort of support. My brothers and family help as much as they can. The younger child is seven and I, too, wish to provide for my children, for their education and school activities. But it is hard now,” she said.

Khaleel said she had approached the police after the incident, asking for assistance in taking her husband abroad for emergency medical care, but to no avail.

“I did approach the police to ask for help, but did not get any assistance from them. We had bury him in Sri Lanka in the end. I was not even given the police records, which further complicated things there. Had I gotten at least cooperation from the police, things would not have been as difficult as they were,” she said.

Khaleel said that although the Aasandha health insurance scheme helped with the medical costs, the graveness of the situation called for her and other close family members to travel with Ibrahim. She said the family had not received any assistance even in this instance.

“I am not trying to blame the police or any other persons involved. But even the police have said that Gasim had no fault in this, that he was just an innocent bystander. Then someone needs to take responsibility,” Khaleel said.

“I don’t know what else we can do. They are elusive and very slow, which is why we keep calling back. All I want is justice,” Khaleel told Minivan News.

Investigation almost concluded: PIC

PIC Director General Fathimath Sarira confirmed the PIC had received the letter, and that the investigation was now nearing the point of conclusion.

She also confirmed that the PIC had previously received the leaked footage and that it was part of the ongoing investigation.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Asked if police had in accordance with the above article notified PIC of the incident, Sarira replied, “Police has notified the commission about the accident over a phone call. Although, when we first heard of the case, it was only said that a speeding motorcycle had collided with a parked one and led to a death. But then later, we got the footage too.”

Asked for clarification on what actions the commission would take if police were found to have failed to notify the commission as required, Sarira responded that police usually did keep the PIC informed and that she could not recall any recent incidents to refer back to.

“We will be concluding this investigation very soon and can then provide more details,” she said.

Meanwhile, Vice President of the Human Rights Commission of the Maldives (HRCM) Ahmed Tholal stated that they had only become aware of the incident after the leaked video went viral on social media.

“We have today started discussions on the matter in the commission meeting. Only after the commission members conclude discussions can we provide details on how we will proceed to act on this matter,” he said.

“Police Commissioner Riyaz must take responsibility”

Former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) have meanwhile released statements condemning the cover-up of the incident, and calling for Police Commissioner Abdulla Riyaz to take responsibility for the incident.

“I am shocked and appalled by the leaked video, which appears to show a policeman hitting a motorcyclist in the head with a baton, which led to the death of an innocent bystander,” said Nasheed.

“Under [President Mohamed] Waheed’s administration, we are seeing a return to the thuggish brutality of Maldives’ authoritarian past. I implore the international community to pressure the Waheed government to immediately and impartially investigate this case, to bring human rights abusers in the security forces to book, to cease its harassment of opposition members, and hold early elections so democracy can be restored.”

Warning: some viewers may find the following footage disturbing.

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Government continues bid to seize airport despite injunction from High Court of Singapore

Additional reporting by Mohamed Naahee

The Maldivian government has dismissed an injunction granted to GMR by the High Court of Singapore, and vowed that the airport will be run by the state-owned Maldives Airport Company Limited (MACL) by the coming Saturday (December 7).

The Singaporean High Court on Monday morning issued an injunction against cabinet’s decision the previous Tuesday to void the concession agreement for the US$511 million project, and issue the developer a seven day eviction notice.

Under the injunction, “Both MACL and the Ministry of Finance and Treasury, pursuant to the notice issued on 27th Nov 2012 either directly or indirectly, are not allowed to interfere with the rights of the Investor (GMR-MAHB consortium) under the concession agreement,” GMR said in a statement today.

The injunction prompted President Mohamed Waheed’s Special Advisor Dr Hassan Saeed, Defense and acting Transport Minister Mohamed Nazim and Home Minister Dr Mohamed Jameel to call a press conference on Monday shortly after midday.

“The government believes that the injunction issued by the Singapore court can be legally contested in a higher court. The government has decided to appeal the injunction as we believe the injunction lacks any grounds to stop the takeover,” said Hassan Saeed.

“I believe that the Singapore court interpreted the law wrong. We cannot wait for a hearing of the appeal. What I am saying is there is no damage to GMR but we face damages by not terminating the agreement,” Saeed said.

“The injunction did not overrule the government’s grounds that the contract was void from the beginning. Neither did it rule against the government’s grounds that the contract was frustrated. As you would know the Civil Court ruling over the ADC made the contract impossible to act upon,” said Saeed, referring to the airport development charge which his own Dhivehi Qaumee Party (DQP) successfully disputed in court while in opposition.

“This is a sovereign country. We have given them a sovereign guarantee. That means the government will compensate for their damages. An injunction cannot be issued like this to a sovereign state,” he continued.

Defense Minister Nazim meanwhile pledged the government would “continue the airport takeover and Insha Allah from next Saturday onwards MACL will be running the airport.”

“The government remains firm and committed towards implementing its decision to terminate the agreement. We will not reconsider it,” he said.

Following the government’s decision to declare the contract void last week, the Immigration Department announced it was halting the renewal of work permits for foreign nationals associated with the project, immediately affecting 17 of the airport’s 140 foreign staff.

The Civil Aviation Authority (CAA) meanwhile informed GMR that it would withdraw the operator’s aerodrome certificate at 23:59 on December 7.

GMR’s Head of Corporate Communications Arun Bhaghat reiterated to Minivan News that the company had no intention of leaving.

“It is not our intention to leave. We hope the government will act according to the law and respect the legal formalities,” he said.

Spokesperson for the International Air Transport Authority (IATA), Albert Tjoeng,  told Minivan News that it was the organisation’s understanding that the airport owner “remains unchanged – it is still the Maldives government.  What is changing is the operator of the airport.”

“The priority is to ensure uninterrupted operations at the airport, with no degradation in safety, efficiency and quality of service,” Tjoeng said.

“It is the responsibility of the civil aviation authority to regulate safety at the airport.  While this is a commercial matter between the government and the airport operator, it should not lead to cost increases for airlines operating to the airport.”

Lawyer acting for GMR, Fayyaz Ismail of Aequitas Legal Consultants (ALC), told Minivan News that if the government failed to comply with the injunction, “the Maldives will no longer be respected as upholding its obligations under international law, which will be very detrimental to future foreign investment. Hopefully they will be reasonable.”

Former President Mohamed Nasheed, under whose administration the contract was signed, declared that “President Waheed cannot ignore international law at his whim and fancy. Rules are rules and they must be respected.”

Lenders write to MACL

Axis Bank, one of the main lenders to the airport development project, has meanwhile sent a letter to MACL dated November 28 in which it reminded the government that the Finance Ministry was the guarantor of the direct agreement “in which the guarantor has undertaken and irrevocably guaranteed to pay any sums due… as a separate and independent obligation notwithstanding any termination of the concession agreement by the grantor or the project company for any reason whatsoever.”

“As a sovereign undertaking by the Republic of Maldives, we are sure that the Ministry of Finance and Treasury shall honour the aforesaid guarantee to repay the Finance Parties, notwithstanding the grounds on which the Ministry has declared he Concession Agreement as void, which has the consequences of terminating the Concession Agreement,” the bank wrote.

“We fear that the taking over of the airport without setting the dues of the Finance Parties shall be detrimental to the interests of the Finance Parties and shall go against the spirit of foreign investment in developmental projects of the Republic of Maldives.”

India considers withdrawing aid, withdraws representative

Indian media has meanwhile reported that the Indian government is considering freezing aid to the economically-crippled archipelago, notably a US$25 million loan necessary for the payment of civil servant salaries and the construction of a police academy.

“We are not happy with the way Maldives cancelled the GMR airport deal. This has surely left an impact on our bilateral ties,” a foreign ministry official told AFP. “A decision whether the money should be given or not will be taken soon.”

However the Indian High Commission told newspaper Haveeru that the suggestion was “unofficial” and that such a decision would not be “unilateral”.

Indian media also reported that High Commissioner D M Mulay had been appointed Indian Consul General in New York, and is to be replaced by Rajiv Shahare.

President’s Office Spokesperson Abbas Adil Riza had described Mulay as a “traitor and enemy of the Maldives and the Maldivian people” during a rally on November 9 calling for the government to “reclaim” Ibrahim Nasir International Airport (INIA) from GMR.

The remarks were widely reported by Indian media, sparking a diplomatic row and forcing the President’s Office to issue a statement distancing itself from the comments.

However Riza subsequently stood by his comments spoke at a second rally, characterising the Indian media coverage of his remarks as a “success” and urging participants to persevere “until GMR leaves this country.”

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Police covered-up involvement in death of bystander, suggests leaked CCTV footage

Leaked CCTV footage has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17.

Reporting the accident at the time, newspaper Haveeru stated that that according to police, two individuals on a motorbike had stolen a mobile phone from a foreigner on Majeedhee Magu and sped away on a motorcycle. Police had then ordered them to stop, but the two men had ignored the orders and fled from the scene at high speed.

Police said the speeding motorcycle hit the 43 year-old who was sitting on a parked motorcycle in front of the Justice Building, who was subsequently transferred to hospital with head injuries. The other two men were taken into police custody and charged with theft and speeding to avoid arrest, and the stolen phone was retrieved and returned to its rightful owner.

At the time of the accident, police told local media the accident had occurred due to the speeding motorcycle’s collision with Ibrahim’s motorcycle. They had made no mention of any police involvement in the collision aside from ordering the motorcycle to stop.

However, footage leaked on social media – which appears to be from a camera on the wall of the Presidential residence of Hileaage – shows a police officer stepping in front of the speeding motorcycle and appearing to hit the driver on the head with a baton as he rides past.

The driver loses control and collides with Ibrahim sitting on his motorcycle just in front of the Justice Building entry, causing both to fly off their vehicles. The police officer retrieves an object from the ground and wanders away, as other police and a military officer rush to the scene.

Ibrahim’s widow Naseema Khaleel at the time of the collision shared details of his condition with the media: “Doctor says he is 99 percent braindead. He has been kept on the ventilator from day one. The doctor said they’ll turn off the machine at 7:00pm tonight.”

Ibrahim was taken off the ventilator and died on August 20.

Letter to PIC

In a letter to the Police Integrity Commission (PIC) dated September 24 and obtained by Minivan News, Ibrahim’s wife expresses regret that police failed to reveal details of the incident.

“The ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle,” Naseema writes.

She calls on the PIC to investigate the incident in depth and look into whether the police, either as an institution or as individuals, acted in breach of the law.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Naseema refers to the Act in her letter and suggests that if the PIC had not been informed of the incident by police, it proved they were violating the law. She states that she intends to file the matter in court.

A police source told Minivan News that law enforcement officials were required to assess whether the application of force was justifiable, adding that the officer’s use of his baton on the fleeing suspect was “total negligence on his part”.

“They could have let them go and found them afterwards. They had the number plate, they could easily make out who it was, and there looks to have been plenty of eyewitnesses. What he did was totally stupid,” the source said. “There was also danger for the officer involved.”

The source said it was “very concerning” that police had not released to the public the true account of the circumstances which had led to the death of the bystander.

“There should be a thorough inquiry into police procedure and training in the proper application of force,” the source suggested.

After the footage began to circulate on social media, Police Sub-Inspector Hassan Haneef told Minivan News that police could not respond to allegations that officers were involved in Ibrahim’s death.  Haneef said it was unable to respond as the letter of complaint was addressed to the Police Integrity Commission (PIC) and not the Maldives Police Service.

“The PIC will investigate and take necessary steps if any police or the institution is found to have committed such an act. The investigation is still ongoing,” he claimed.

Warning – some viewers may find the following footage disturbing

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UN delegation to assess environment for 2013 elections

The United Nations is sending a delegation to the Maldives to conduct an electoral needs assessment ahead of the 2013 elections, and determine what UN assistance should be provided.

During the mission to the Maldives from December 3-5, UN Assistant Secretary-General for Political Affairs Oscar Fernández-Taranco “will meet with senior officials of the government and
political parties, as well as representatives of civil society, to discuss the current situation
and identify opportunities to support the country’s process of democratic consolidation,” the organisation said in a statement.

“A group of electoral experts from the Department of Political Affairs and UNDP will conduct an electoral needs assessment mission (NAM) for possible UN assistance to the country’s next elections expected for 2013,” the UN statement added.

The visit from the UN delegation follows accusations from the Maldivian Democratic Party (MDP) that the UN Resident Coordinator and Office of the High Commissioner for Human Rights had remained “shamefully silent regarding the widespread human rights violations taking place.”

While “the IPU, CMAG, Canada, the Human Rights Committee, the EU and certain international NGOs such as Amnesty International and the International Federation for Human Rights have expressed varying degrees of alarm at the Maldives’ backsliding on democracy and human rights, others including the UN Resident Coordinator and the Office of the High Commissioner for Human Rights have remained shamefully silent,” said the party’s spokesperson, MP Hamid Abdul Ghafoor, said in a recent statement.

“Since February’s overthrow of the Maldives’ democratically-elected government, key parts of the international community have remained silent regarding the widespread human rights violations taking place. To remain silent in the face of injustice is to be an accomplice to that injustice,” he added.

The UN released a subsequent statement defending its activity in the Maldives and reiterating its “strict impartiality toward political parties”.

In the statement, the UN said it “continues to be concerned that the current situation in the country may have an impact on the country’s development”, and noted examples of the international organisation’s activities in the Maldives.

“As a trusted partner, the UN has spoken repeatedly in public and in private over the course of several years and three governments on democracy, development, and human rights. Most recently, the Secretary-General spoke of the need for political dialogue, national reconciliation, and respect for the constitution. He called on all parties to exercise maximum cooperation and restraint,” the UN stated.

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