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Comment: Justice unserved

The Maldivian justice system works on a somewhat ‘He who smelt it dealt it’ routine. Criminal law, procedure or policy is drastically lacking, with personal reputation, political affiliation and physical appearance forming the basis for arrest, and in some circumstances: conviction. T

The country relies, heavily, on the two witness rule, lacks any institution dealing with forensic science and allows incompetent judges to interpret the Quran. The word ‘warrant’ does not even exist in the Maldivian criminal dictionary and ‘probable cause’ or ‘rights’ are alien concepts to local police. When one party lodges a complaint with the police, the opposing party immediately takes the role of defendant; being arrested at the police’s pleasure and held for lengthy periods of time without charge. This is what they call the ‘investigation period’ which may only be performed whilst the accused is in custody. Point the finger at someone you claim smelt it and the police will assume he dealt it.

I am not politically affiliated. My cause, more or less, has been the Rule of Law and I am not aware that any government in the Maldives, be it dictatorship or elected has gone a long way to implement it.

Within the first few weeks of being in Hinnavaru as a volunteer teacher, a boy was placed under house arrest by the police for 14 days. This was 2009 and the first democratically elected government was in power. The police claimed the accused had intoxicated a minor and served as judge and jury in convicting him of the crime; even though no witnesses came forward and the minor’s toxicology report was negative. I screamed bloody murder in the police station; I showed vehemence and flashed a printed copy of my law degree under their noses to no avail. They cared nothing for they believed in the power they possessed.

Months later I, myself, had a brush with the law when I was hauled down to a Male’ police station in a case of domestic disturbance (or so I suppose since I was not told why I was escorted to the station).

Whilst moving from my flat, my boyfriend, who had come over to help me pack, and I made some noise which upset the landlady’s brother. He burst into my room in a rage and held a screwdriver to my boyfriend’s neck. In a twist of events, his sister, my landlady, called the police. My shirtless boyfriend was escorted out of the building by officers and I was asked to come with them to the police station. The treatment offered him and I was vastly different; him being seen as the dark skinned aggressor with yellow eyes and I the British national working at a local TV station.

We were questioned separately, I again waved my printed degree in their faces and we were allowed to leave. Screwdriver boy was never questioned on his role in the incident; his side called the police first, hence he would be the victim evermore.

Some weeks later, whilst I was visiting Hinnavaru, my boyfriend was dragged off to Naifaru jail, under court order, to face charges for a crime; he had, allegedly committed 8 years earlier. The whole case was based on the hear say evidence of young men who claimed my boyfriend had assaulted them. The two boys lodged the complaint against him with the police and also served as the two requisite witnesses in their own case.

The irony was hardly lost on me. I again screamed bloody murder and dragged myself across Male’ spewing words like ‘arbitrary arrest’, ‘statute of limitations’, ‘rule of law’ and ‘reading of rights’. My words were considered worthy of Thilafushi. My boyfriend was exonerated as the witnesses recanted from their earlier statements in court. The Prosecutor could have saved everyone time, money and heartbreak if he had even bothered to check in with his star witnesses.

Recently I started to hear of strange happenings on my old island of Hinnavaru. Boys found on the street after 10pm are arrested, taken over to the local station and coerced into peeing in a cup. They need no warrant and no probable cause. The police has imposed an un-official curfew and breaking it means they have access to fluid from your person. Young boys are arrested every night and this is not hear say. It is on-going.

On 31 July my boyfriend was arrested for allegedly ordering an assault on a young man, who was brutally beaten earlier in the day and hospitalised.

The victim claims that although my boyfriend was not present during the incident, he is sure the attack was ordered by him. In this case he doesn’t even claim that the fart was dealt, but that my boyfriend must have provided the beans. The police did not think to question him as would be customary to do in such a situation, but arrested him and took him over to Naifaru jail. I have no idea how long he will be there or how long this ‘investigation’ will continue.

The worst part is; no matter what the outcome, the trial shall not be held for years to come, but this arrest will hang over his head until such a date. People in the Maldives do not have criminal records; rather they have what is called a ‘police report.’ One may not have a job or travel abroad whilst their police report states they are awaiting trial.

In the Maldives, you are not innocent until proven guilty; you are guilty until the slow machine called the justice system, chugs itself out of the hole it resides in. I hear the cries of a corrupt judiciary and I find myself nodding in acquiescence for I have seen this corruption. I plead to the government of the day or those incumbent to pay more attention to the Rule of Law, however. Arbitrary arrests, incompetent police officers and mainly the lack of a criminal code are as responsible if not more so for the death of justice.

My favourite time in the Maldives was the month of Ramadan. For this one month, the air was tranquil, gossip at an all time low, children played on the streets into the wee hours of the morning and prejudice desisted. Whether you were an old, gossipy jolifathi lady, a jagah boy, a shop vendor or politician you just got on and enjoyed the month. I hate to think of this month as the month of arrests; it unnerves me.

Lubna Awan was formerly a volunteer teacher on the island of Hinnavaru.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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PIC statement “not authorised by me”: PIC President

“I did not authorise the release of the statement”, Police Integrity Commission (PIC) President Shahindha Islmail has said, a day after the police watchdog released a statement dismissing the reports of police brutality and use of excessive force against Maldivian Democratic Party (MDP) protesters.

Ismail told Minivan News on Thursday that she did not agree with the point which said police had not used excessive force, and therefore provided clear instructions to revise the draft statement to include the unlawful actions of the police observed by the commission.

However, she confirmed that the statement was released on Wednesday while she was on leave and that none of her suggestions were included, except the point that the protests had turned peaceful since July 21.

“As the protests have changed, I told [the commission members], the time had passed for us to comment on it and it was not a good idea to release the statement now condemning the protesters, as it has a possibility of causing further disruption of the peace,” the PIC President observed.

The contentious PIC statement said that police had not used excessive force to disperse the consecutive protests held by the MDP since early July, and that those protests were only broken up following the “removal of police barricades by the protesters and use of loud speakers after midnight ,and attacks against police with coins, pavement bricks, marble, metal pieces, chili water and plastic water bottles.”

“I did not disagree with the points that the protesters threw water bottles and different things that the police. The main thing I disagreed with was the point that police did not use excessive force. From what I have personally witnessed on the TV coverage and is PIC investigations, it is very clear this is not the case,” said Ismail.

She continued, “There have been several occassions when the police obstructed the protests by putting barricades down, despite the fact that the protests were going on in unrestricted areas. This I believe is a clear violation of people’s constitutional right to peaceful assembly.”

Furthermore, she observed that the “police have been acting in a way it seems to provoke the crowds,” Ismail alleged.

“We saw police officers walk into the crowds [protest] several times. Sometimes, it is to bring the barricades taken by the proterstors or to arrest someone. But, some times it is without any reason. I believe it is a form of provocation from the police side.” Ismail explained.

She added that PIC observers had also witnessed police using foul language with the protesters and sometimes against them: “The police stop it once they realise we are commission observers,” she said.

Asked whether the release of statement reflected attempts by the other commission members to override her authority, PIC President responded: “I don’t think of it as overriding my authority, but they are are trying to undermine me.”

She further claimed that the statement was backed by the commission members who seem to be “biased in favour of the police”. She did not name anyone.

As the watchdog body of the police, Shahinda emphasised that PIC should not take sides between the police and the people, and must always prioritise the role of overseeing whether the police actions were within legal boundaries, and if not, provide instructions of what needed to be improved.

“When the PIC failsto inform police what needs to improved, the police officers who are acting unlawfully will see it as an encouragement to ignore the rule and regulations,” Shahinda contended.

Indicating that it was to late to retract the PIC statement, Ismail noted that the “damage is already done” and “police are likely to participate in further unlawful actions.”

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Protests, roadblocks as Nasheed voluntarily attends police HQ

Former President Mohamed Nasheed attended police headquarters this afternoon, following a request made by police in a letter sent earlier this week.

Maldivian Democratic Party (MDP) Youth Wing Leader Aminath Shauna told Minivan News that while the letter was not an official police summons, it accused Nasheed of orchestrating violence against police and vandalism of police property since May 29.

The letter was signed by Deputy Head of Specialist Crime Command, Superintendent Mohamed Riyaz, said Shauna.

She added that Nasheed had decided to attend the station against the advice of both his legal team and the MDP’s National Council, over fears for his safety.

In a statement on July 31, the MDP accused President Mohamed Waheed’s administration of “demonstrating a clear pattern of abuse of power and tactics aimed at removing President Nasheed from the upcoming Presidential race.”

“The letter to summon President Nasheed is baseless and fails to state any specific charges. The letter refers indirectly to attacks on police, vandalising of police property and claims that their observations have led them to believe President Nasheed is responsible for such events,” the party stated. The MDP added that the work of the Commonwealth-sanctioned Commission of National Inquiry (CNI) into the controversial circumstances surrounding Nasheed’s resignation was ongoing.

“Upon assessment of the facts surrounding the summons, we conclude that this summons is an attempt by the Government to thwart the progress of the Commission of National Inquiry and former President Nasheed’s participation in upcoming elections,” the party said.

“In the absence of any specific criminal charge for which he is being investigated, and since the stated purpose of the summons is merely to question President Nasheed and obtain a written statement from him, we are of the opinion that the only safe course of action will be for President Nasheed to provide a written statement without physically entering the police station.”

The party expressed “extreme concern” for Nasheed’s “personal safety”, observing that he had been “assaulted by the police on various occasions since his resignation from office, and these instances are still being investigated by the Police Integrity Commission.”

Police responded by issuing a statement “to clear the allegations of possible torture, inhumane and degrading treatment by police, raised by the MDP and supporters of Nasheed, after a police summon notice was sent [to the former president].”

“The summon notice is for the investigation of a case lodged against Nasheed for inciting violence against law enforcement official since 29 May 2012. It is suspected that the civil disorder and several physical attacks committed against police officers, and the damages to police vehicles and infrastructures are the outcome of the call by Nasheed to commit such offences,” police stated.

“Thereby, Maldives Police Service has commenced an investigation and the summon notice was issued in furtherance of it, for Nasheed to appear on 02 August 2012 at 1000 hours. However, upon a request made by Nasheed, the time on the summon notice is delayed to 1400 hours on the same day.”

“The Maldives Police Service ensures the safety and security of Nasheed from the moment of his arrival to the police headquarters, and has invited the Human Rights Commission of the Maldives, Police Integrity Commission, and Maldivian Democracy Network (an NGO) to observe police actions during Nasheed’s investigation process. The Human Rights Commission of the Maldives and Police Integrity Commission have accepted this offer.

“[The MPS] assures concerned parties and individuals that whoever is summoned to the police would be treated in accordance with the law; with dignity, respect for human rights and within police code of conduct and code of ethics.”

Protesters gather

Political tensions on the streets of Male’ rose as word spread of the former President’s impending summons.

Protesters initially gathered outside Nasheed’s family of residence, Canaryge, to block any attempts by police to arrest the former President.

However, by early afternoon Nasheed left for police headquarters in the company of his legal team, flanked by several hundred supporters.

After Nasheed entered Republic Square, police barricaded the surrounding streets leading to the large open area.

MDP supporters quickly gathered on the street of Chaandhanee Magu, a busy road full of stores directly aimed at tourists.

Nasheed left police headquarters around 5:40pm, joining more than a thousand cheering supporters gathered at the police barricades near Seagull cafe.

Reporters from the MDP-aligned Raajje TV meanwhile claimed not to have been allowed past police barricades with other media.

Jailhouse diplomacy

Nasheed resigned on February 7 amidst a police and military mutiny, after several weeks of protests by 300-400 opposition supporters over his detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

Following his resignation, the Criminal Court quickly issued a warrant for Nasheed’s arrest, however it was not acted upon by police after MDP supporters gathered outside his family residence.

The same day, police claimed to have discovered bottles of alcohol in the Presidential residence. That case, together with Nasheed’s detention of the judge, was sent to the Prosecutor General (PG)’s Office.

Earlier in July, the PG sent the judge case to Hulhumale’ magistrate court for trial, stating that filing it in the Criminal Court would represent a conflict of interest because it concerned the chief judge. However, the case was returned by the magistrate court, which claimed it was outside its jurisdiction.

Last week, police released a tapped phone conversation in which Nasheed was heard to call for supporters to “fight back” against police, after their dismantling of the party’s protest site at Usfasgandu on charges that the area was being used for the practice of black magic.

The arrest of Nasheed ahead of elections – early or otherwise – appears to be a ‘red line’ for many elements of the international community.

Canadian Foreign Ministry John Baird on July 27 accused the Maldivian government of seeking to arrest its political opponents and eliminate Nasheed’s candidacy in the upcoming election.

Baird, a member of the Commonwealth Ministerial Action Group (CMAG), noted that “the Maldives has been given the benefit of the doubt by the Commonwealth so far. Continued intimidation, illegal arrests and other authoritarian tactics by the present government may require the Commonwealth to consider a different approach, in our view.”

Maldives Ministry of Foreign Affairs responded by claiming that the Canadian statement was “misleading”, and insisted that “it is the prerogative of the Prosecutor General to decide on whom and when to charge an individual of criminal offence.”

“Now that these institutions are independent, everyone, including our valuable friends in the international community, should be prepared to accept the decisions of these institutions,” the Ministry stated.

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GMR presents government with US$1.5 million bill for Q2, as ADC dispute sent for arbitration

An ongoing dispute between Ibrahim Nasir International Airport (INIA) developer GMR and the incumbent Maldivian government concerning a US$25 Airport Development Charge (ADC) has been referred to a court of arbitration in Singapore.

The government-owned Maldives Airports Company Limited (MACL) faces a US$1.5 million shortfall in concession fees owed to the airport developer for the second quarter of 2012; the legacy of an opposition-sponsored Civil Court case in late 2011 that scuttled the airport’s ability to charge the ADC as stipulated in its concession agreement.

GMR signed a 25 year concession agreement with former President Mohamed Nasheed’s government to upgrade and manage Ibrahim Nasir International Airport (INIA). Under the concession agreement, a US$25 Airport Development Charge (ADC) was to be levied on all outgoing passengers to part-fund the US$400 million development – the country’s single largest private investment.

However, while in opposition, the Dhivehi Qaumee Party (DQP), led by Dr Hassan Saeed, now President Dr Mohamed Waheed’s special advisor, and Dr Mohamed Jameel, now Home Minister, filed a successful case in the Civil Court in December 2011 blocking payment of the ADC on the grounds that it was effectively a tax not approved by parliament.

Nasheed’s government as a stopgap measure agreed to deduct the ADC from the concession fees payable by GMR, while it sought to appeal to verdict.

As a result, Dr Waheed’s government received only US$525,355 from the airport for the first quarter of 2012, compared to the US$8.7 million it was expecting, at time the country is facing a crippling budget deficit, a foreign currency shortage, plummeting investor confidence, spiraling expenditure, and a drop off in foreign aid.

According to financial statements sent to MACL and released to local media, in the second quarter of 2012, GMR deducted the ADC revenue of US$7.1 million from total revenues of US$5.6 million, leaving the government with a bill for US$1.5 million.

Managing Director of MACL Mohamed Ibrahim told local newspaper Haveeru that the government would not pay the amount, alleging that GMR’s deduction of the ADC from the revenue was illegal.

In its defence, MACL has said that its board of directors had been reformed with the arrival of the new government, and a decision made to annul the old board’s agreement to deduct the ADC revenue.

The government meanwhile sought to invalidate the GMR contract – and the clause invoking arbitration – by challenging the handling of the bidding process by the International Finance Corporation (IFC), a member of the World Bank group and the largest global institution focused on private development sector in developing countries.

“The advisory work was supported by AusAid (Australia), the Ministry of Foreign Affairs of the Netherlands, and DevCo. DevCo is a multi-donor program affiliated with the Private Infrastructure Development Group and funded by the UK’s Department for International Development, the Ministry of Foreign Affairs of the Netherlands, the Swedish International Development Agency, and the Austrian Development Agency,” the IFC explained, following a visit by the delegation in June to address the government’s concerns.

Following the first quarter deduction, GMR announced an employee benefits scheme converting 50 percent of employee salaries to US dollars from July onwards, and a one-percent profit-share.

Around the same time, the company sought to compromise with government by offering to exempt Maldivian citizens from paying the ADC. However, the Transport Ministry continued to demand that the infrastructure giant repay the US$8.2 million deducted.

Several pro-government parties – including the Dhivehi Rayithunge Party (DRP), Dhivehi Qaumee Party (DQP), People’s Alliance (PA) and Jumhoree Party (JP) – meanwhile advised President Waheed that they continued to endorse an agreement signed in June 2010 calling for the airport to be taken back from GMR and nationalised.

The relationship between the airport developer and the government soured further last week after the government temporarily called for a halt to work on the new airport terminal, alleging it had “violated rules and regulations” by not acquiring certain permissions from the Civil Aviation Authority.

“When the government decides that a project be stopped, we will make sure this happens,” President’s Office Spokesperson Abbas Adil Riza previously told Minivan News. “GMR have not discussed the construction with relevant authorities.”

Following the second quarter deduction, the airport developer declined to comment, as the matter “has been referred for arbitration by the parties.”

“GMR Male’ International Airport Pvt Ltd has made the said adjustment as per the concession agreement,” a spokesperson said.

The concession agreement includes an option for the government to buy out the contract from the developer, however the cost is likely to reach upwards of several hundred million dollars.

President’s Office Spokespersons Abbas Adil Riza and Masood Imad had not responded at time of press.

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Canadian government’s statement “misleading”, “one-sided”: Maldives Foreign Ministry

The Maldivian government has expressed “disappointment” over a “misleading” statement by the Canadian Foreign Ministry, which accused it of threatening to arrest its political opponents with a view to eliminating former President Mohamed Nasheed’s candidacy in an upcoming election.

Canadian Foreign Minister John Baird, a member of the Commonwealth Ministerial Action Group (CMAG), issued a statement on July 27, in which he stated “It is clear that the arrests of senior officials of the Nasheed government are politically motivated. Such actions are completely unacceptable and must be reversed.”

“The threats of the present government to arrest its opponents, including former President Nasheed – the only democratically elected president in the last four decades – so as to prevent his candidacy, undermine that government’s credibility and violate its undertakings to the Commonwealth Ministerial Action Group,” Baird said.

“The Maldives has been given the benefit of the doubt by the Commonwealth so far. Continued intimidation, illegal arrests and other authoritarian tactics by the present government may require the Commonwealth to consider a different approach, in our view.”

Canada’s statement preceded a rally by former President Maumoon Abdul Gayoom’s government-aligned Progressive Party of the Maldives (PPM), at which senior party figures blasted the government for not being able to “put down” Nasheed “and his 200 hounds”, and called for the ousted President to be “put in solitary confinement”.

On July 24, former Justice Minister under Gayoom and current Home Minister Dr Mohamed Jameel, described Nasheed, his party and the Raajje TV station as “enemies of the state.”

“We will take action against whoever incites violence against the police, no matter who it is or what kind of position they hold or have held in the past,” Jameel vowed.

Following Nasheed’s resignation under controversial circumstances on February 7, the Criminal Court issued a warrant for Nasheed’s arrest.

Nasheed’s government had detained Chief Judge of the Criminal Court Abdulla Mohamed, accusing him of “taking the entire judicial system in his fist” in order to protect the remnants of Gayoom’s administration from prosecution for corruption and human rights abuses.

The warrant was never acted on by the police, amid tense confrontations outside Nasheed’s residence.

However police this week ordered Nasheed to attend police headquarters on August 2, to answer allegations in a tapped phone conversation that he had request supporters “fight back” against police.

“The Waheed administration is currently demonstrating a clear pattern of abuse of power and tactics aimed at removing President Nasheed from the upcoming Presidential race,” claimed MDP Spokesperson, MP Hamid Abdul Ghafoor, who was himself recently arrested.

“This summons is an attempt by the Government to thwart the progress of the Commission of National Inquiry and former President Nasheed’s participation in upcoming elections. Furthermore, members of the security forces have openly issued death threats to President Nasheed.

“In the absence of any specific criminal charges, “we are of the opinion that the only safe course of action will be for President Nasheed to provide a written statement without physically entering the police station,” Ghafoor said.

However in its response to the Canadian government, the Maldives’ Foreign Ministry said it “would like to make it very clear to the members of the international community that the government has not arrested, nor has it made any threat of arresting, its political opponents.” the Maldives Foreign Ministry responded.

Instead, the Ministry stated, “it is the prerogative of the Prosecutor General to decide on whom and when to charge an individual of criminal offence.”

“As part of a reform programme launched in 2004, the Maldives adopted a new Constitution with clear separation of powers between the executive, judicial, and legislative branches of government.

“The Constitution also established several new State-bodies, such as the Prosecutor General, and the Human Rights Commission of Maldives. These institutions are fully independent from the Executive branch of the government, and indeed assert their independence.

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Unrest rising with no reconciliation in sight: Eurasia Review

In the current tense situation prevailing in Male, one would have expected President Waheed to make the initial move towards reconciliation during the national day address last week on the 47th year of independence. It was not to be, writes Dr S Chandrasekharan for the Eurasia Review.

In his speech President Waheed appealed to the people to offer full cooperation to the State’s relentless peace efforts while maintaining high regard for the country’s laws and legislature. While highlighting the need to safeguard the religion, consolidating the military forces and further unifying people, a conciliatory gesture on his part would have gone a long way in defusing the current tensions.

On the other hand his position is seen to have hardened. On 17th July he said that he ( he meant his party) will not participate in the All Party talks while the MDP continues to going back to street protests in Male. Earlier the President’s spokesperson condemned the MDP protests as “acts of terrorism.”

President’s Adviser Dr. Saeed who holds a very important post and who is expected to show some restraint declared very categorically that there is no benefit in continuing the “All Party Talks” and does not believe that Nasheed’s participation would reap any benefit!

Earlier the chairman of the All party talks- Ahmed Mujuthaba announced that 16 previous attempts at talks among the top political leaders had not resulted in any breakthrough! It looks that the talks have been given a decent burial. So much for the Indian initiative!

In the last few days, over 200 protestors have been arrested and this included many MDP MPs and even a former cabinet minister. Many of those released after arrests have been ordered to remain indoors in the evening and the night till the next morning! Quite a strange order!

Not all the protests have been peaceful either. In many instances the protestors are seen to have broken the barricades and rushed towards the security forces. The security forces have also been subjected to verbal and filthy abuses.

The Police are also seen to be using “pepper spray” indiscriminately. There is a video footage doing the rounds showing the security forces aiming the spray at Nasheed! The government has publicised the statements of the bodyguards provided by the government from the forces that they did not see any spray being aimed at Nasheed. They have to say this if they are to keep their jobs!

With the government pushing for prosecution of Nasheed, the latter has called on all the population to be present at the trial to witness what happens in the court while alleging that he whole case is being politically motivated.

The MDP has already declared that it will not participate in an election where its presidential candidate ( here Nasheed) is prevented from contesting.

An unfortunate incident of a killing of a lance corporal of Maldivian police by a criminal while he was being arrested is being given a political twist by none other than the Home minister himself that the MDP protests and abuse of Police by the demonstrators have led to the killing!

UK Foreign Office Spokesman Alistair Burt made a very balanced statement. He said -” I call on all sides to show restraint in the interest of achieving a sustainable political solution to Maldives’ recent problem. Protests must be peaceful and security forces’ response should be professional and proportionate. Violence and any cases of excessive use of force should be investigated and those responsible held to account.”

The Special Envoy of the Commonwealth made a similar call for restraint. He expressed his concern at ‘rising political tension’ in Maldives and specifically over the ongoing protests and criminal charges filed against Nasheed. He called for dialogue among political parties urging all parties to show restraint and restore calm.

The European Union made a similar observation. Their High Representative said – continued political unrest, heavy-handed response of security forces and charges filed against political leaders will only lead to further deterioration of the political climate of the country and will adversely affect the lives of all Maldivian citizens.

India on its part has also called for restraint and dialogue. These appear to have fallen on deaf ears of both sides.

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BML posts MVR 40 million profit in half year results

The Bank of Maldives (BML) has posted a MVR 40 million (US$2.6 million) net profit in its half year results to June 2012.

“This is after allocating MVR 224 million (US$14.5 million) to loan loss provisions during the first five months of the year,” the bank stated.

“At the half year operating profit reached MVR 263 million (US$17 million), an increase of 15 percent over the same period last year. Net interest income increased from MVR 223 million (US$14.5 million) in June 2011 to MVR 247 million (US$16 million) in the six months to June 2012, an 11 percent increase compared to the same period last year.”

BML stated that the results “reflected the strength of the bank and its success in dealing with non-performing loans.”

“I am very pleased to inform all our shareholders that we have returned to profit and that our Non Performing Net Assets (NPNA) provisioning is at a very comfortable level. I have for some time been very encouraged by our strong growth at an operating profit level, which has come about as a result of diversified income streams and strong cost control. We are now seeing all of these factors manifest in retained profits for the business,” said BML CEO Peter Horton.

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Ahmadinejad sends independence day congratulations to President Waheed

President Mahmoud Ahmadinejad of Iran has congratulated President Mohamed Waheed of the Maldives for the occasion of the country’s Independence Day, according to the Islamic Republic News Agency (IRNA).

“President Mahmoud Ahmadinejad on Monday congratulated anniversary of Maldives Independence Day to his Maldivian Counterpart President Huhammad Hassan Vahid,” IRNA reported.

Ahmadinejad expressed hoped “that the relations between the Islamic Republic of Iran and the Republic of Maldives would expand comprehensively more than ever before,” the agency added.

“The IRI president meanwhile in his message hoped for the establishment of peace and security throughout the world, and prayed to God for good health and evermore success of President Muhammad Hassan Vahid, as well as prosperity and wellbeing of the Muslim Maldivian government and nation.”

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Police summon ousted President Nasheed over tapped phone call

The Maldives Police Service (MPS) has sent a letter to ousted President Mohamed Nasheed requesting he present himself at police headquarters on August 2 at 10:00am, regarding an investigation into a phone conversation police last week released to the media.

Police have claimed that in the phone conversation, tapped and recorded the day police dismantled the MDP protest camp ‘Usfasgandu’, Nasheed and former MDP Chairperson Mariya Didi discussed attacking police officers.

Police publicised the telephone conversation which they claimed was retrieved with a court order following information from intelligence.

Nasheed and Mariya’s leaked audio conversation appears to have been held during the police’s attempt to dismantle the MDP’s protest camp at Usfasgandu on May 29. Police had obtained a search warrant claiming MDP was performing black magic, conducting criminal activity and damaging public property in the area.

In the audio clip, Mariya says: “[Police] are forcing people back! They are using pepper spray! That is why we are unable to hold a national council meeting. And we have also received a second letter, ordering us to vacate the area by ten o’clock tonight. We cannot file an appeal at court or do anything. We cannot even hold the National Council meeting. We won’t have [enough members for] quorum. Shihab is here. But they are using pepper spray and forcing people back. Can only vacate the place if we could only get in there. This is all very unjust. What shall I do?”

Nasheed then replies, “There’s not much we can do. I don’t know. What is there to do? I think [we] need to get people out to fight if we can get them. If we can get people to fight, get them out. It’s very clear to me, I think we need to fight back. If we can get people to fight. Find kids from Male to fight the police,” Mariya laughs at this point, but Nasheed continues, “That is what I think. I don’t know if we can get people to fight. I want to fight against them.”

Superintendent of Police Abdulla Riyaz at the time said the police had decided to publicise the audio conversation “because we have no other choice.”

Riyaz said Mariya had been summoned for questioning over the audio clip on June 20, but claimed the MDP had spread “baseless allegations” that police were arresting and harassing opposition politicians for no apparent reason. “The time has come to reveal the truth,” Riyaz said.

The audio clip was obtained legally through a court warrant, he added.

Speaking to Minivan News, police media official Haneef confirmed that the letter was sent.

“The retrieved of the phone call was within the law. We can assure that,” he said.

Calls for arrest of Nasheed

Following the controversial transfer of power, several politicians and political parties supporting the current government of President Mohamed Waheed Hassan have openly called on the government to arrest Nasheed.

The latest call came on Saturday night during a rally held by former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), where party council members openly vowed to arrest Nasheed and put him in “solitary confinement”.

During the rally Deputy Minister of Transport Ahmed Nazim highlighted the party’s efforts to topple Nasheed’s government, and praised the patience of those who took to streets to bring an end to Nasheed’s government.

“When we come out to do something, we won’t back down. We proved that when we came out to bring Nasheed down, and we only stopped after bringing an end to Nasheed’s dictatorship,” he said.

“Now we have come out to put an end to all this. I assure you all, we will only stop after putting Nasheed in solitary confinement,” Nazim said.

Speaking at the rally PPM MP Ahmed Nihan Hassan Manik also assured the party supporters that Nasheed would face trial and would be “imprisoned for a very long time”.

“I am saying this as the deputy chair of the parliament’s temporary committee set up to look into crimes that Nasheed has committed. I assure you we will thoroughly investigate what he has done in the last three years,” he said.

Last month, Interim vice Preisdent of PPM Umar Naseer expressed his confidence that the Prosecutor General’s (PG) investigation into charges against former President Mohamed Nasheed will see his imprisonment before the scheduled elections in July 2013.

“We will make sure that the Maldivian state does this. We will not let him go; the leader who unlawfully ordered the police and military to kidnap a judge and detain him for 22 days will be brought to justice,” he said at the time.

He further added that the PG had told him that Nasheed would be prosecuted.

“He is an independent person. I hope he will prosecute this case. He has said that he will. I have no doubt that he will,” Naseer said.

Pepper sprayed

On June 16, local TV station aired a video showing the police pepper-spraying Nasheed while he was participating in the MDP led protests calling for an end to police brutality and the holding of early elections.

The video shows a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.

Police initially denied use of any excessive force or pepper spray on the protesters.

“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement at the time.

“The Maldives Police strongly denies MDP allegations of directly pepper spraying on individuals eyes at close range, especially ex-president Mohamed Nasheed, and urge the Maldivian Democratic Party to publish statements responsibly,” police said.

Police admitted using the spray to control the crowd during their recovery of barricades removed by the demonstrators, but denied intentionally targeting the former President.

“Pepper spray was used to halt the charging demonstrators on July 14th night against police barricades set for security reasons. This spraying was never in any case directed to human eyes in close range but into the air to avert possible regulation violations by demonstrators,” the statement read.

“The allegations made by the Maldivian Democratic Party against Maldives Police pepper spraying directly on Ex-president Nasheed’s face are not true. The Maldives Police Service have no intentions on directly pepper spraying on Ex-President Mohamed Nasheed nor any other individuals; however, the incident is currently being looked into and necessary actions will be taken against any officer who uses excessive force.”

However to the surprise of many, police later told the media that Nasheed’s body guards did not see him being pepper sprayed to an inquiry.

Police questioned the Maldives National Defence Force (MNDF) Special Protection Group (SPG) bodyguards assigned to Nasheed, after the media publicised video footage of a police officer pepper spraying Nasheed’s face while he was with a group of MDP supporters at a protest.

In a statement issued on following the allegations, police said that Nasheed’s bodyguards said that while they were aware pepper spray was being used in the area, they could not identify the officer using it.

Police said officers that working that night to control the protest were also questioned, and said they had used pepper spray after protesters moved inside the cordoned area and refused to move back after police advised the protesters to do so.

Police said they did not spray at any individual, and that the pepper spray was targeted at the crowed, the police statement said.

Charges

On July 15, PG Ahmed Muizz has filed charges against Nasheed and the former defense minister Tholhath Ibrahim Kaleyfaanu for their alleged role in detaining Criminal Court Chief Justice Abdulla Mohamed in January.

Nasheed and Tholhath were charged with violating Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal. If found guilty, Nasheed and Tholhath will face a jail sentence or banishment for three years or a Rf 3000 fine (US$193.5).

The case, if lost may bar Nasheed from any upcoming presidential elections was filed in Hulhumale Magistrate Court instead of Criminal Court, where PG stated that the decision was because there was a conflict of interest.

However, Hulhumale Court rejected the case on July 18 stating that it did not have the jurisdiction to preside on the case.

Hulhumale’ Court Magistrate Moosa Naseem told Minivan News at the time that the case was sent back to the Prosecutor General’s Office after the court stated it did not have the jurisdiction to deal with such cases under the Judicature Act.

‘’We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,’’ Naseem said.

Naseem told local media that the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66[b] of the Judicature Act.

Following the decision, PG asked the court to review its decision.

Deputy PG Hussein Shameem following the decision said that Hulhumale’ Magistrate Court does have the jurisdiction to hear the case of former President Mohamed Nasheed over his role in the detention of a Criminal Court Chief Judge.

Shameem contended that should the court maintain its decision against hearing the case, there were few other judicial alternatives in trying to ensure a “fair trial”.

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