Criminal Court, Juvenile Court suspends drug cases awaiting formation of Drugs Court

The Criminal and Juvenile Courts have suspended all drug cases while they await the formation of a Drugs Court over the next two to three months. The decision follows stipulations for court formation provided in the recently-ratified Drugs Act.

Under Article 33 of the Act, all drug cases currently before the Criminal and Juvenile Courts must be transferred to the Drugs Court, following discussions between the Prosecutor General and judges.

Article 39 meanwhile requires the Judicial Service Commission (JSC) to appoint at least five judges to the Drugs Court within 60 days after the law was ratified.

After that two month period, the courts have 30 days to transfer those cases determined to fall under the jurisdiction of the Drugs Court.
Meanwhile, article 33(b) states that the Criminal and Juvenile Courts should not hear or accept drug-related cases during that period.

The Drugs Court will have jurisdiction over those charged with possession and abuse of drugs as well as those accused of committing criminal offences under the influence of drugs.

According to the Act, a specialised Drugs Court of superior court status will combat drug addiction by integrating rehabilitation services into the court system.

Traffickers will be tried in the Criminal Court.

A 2011 prison report by the United Nations Development Program (UNDP) argued that the unnecessarily high number of inmates serving drug sentences was a major concern for prison reform. A majority of inmates are males under the age of 30, while 66 percent of inmates are serving time for drug use or possession.
Speaking to Minivan News at the time, Co-author Naaz Aminath pointed out that most modern judicial systems carried heavier sentences for traffickers, “but here, traffickers get 25 years while small-time users get 60 to 80 years. These are not hard-core criminals, but they’re put away for almost their entire lives.”
Police officials today said that while drug arrests are made on a regular basis, they did not expect any complications to their work while the cases are suspended at the court level.

In a previous article, Police Drug Enforcement Unit Superintendent and Chief Inspector Mohamed Jinah said the bill would be “very useful and instrumental for the police enforcing the drug policies,” and would allow police to focus more on drug trafficking.

Jinah was unavailable for comment at time of press.

Ahmed Nazim, a Research and Development officer at Journey Rehabilitation Center in Male’, added that by distinguishing between the source (drug traffickers) and the consequence (drug use), the new system would reduce the amount of drugs on the street.
He said the Act “puts a lot of emphasis on giving addicts proper treatment”, and accepts the modern argument that addiction is a medical condition rather than a behavioral problem.

The Drugs Bill was introduced in 2009, detained in the Committee for Social Affairs since early 2010, and approved by Parliament on December 28. President Mohamed Nasheed ratified the bill on December 31, 2011.

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The President will not apologise for Pillay without Parliament: Zuhair

President Mohamed Nasheed will neither condemn nor apologise to the people over the statements made by UN human rights chief Navi Pillay about flogging, Press Secretary Mohamed Zuhair has said.

Zuhair explained that the comments were made before Parliament, which has not yet spoken against the comments.

He said the President would respond after “the head of the particular state body cites a valid reason to speak against Pillay’s comments.”

During her visit in November, Pillay told Parliament that flogging as a punishment for extra-marital sex was one of the most degrading punishments for women, and asked that the government issue a moratorium on the Shariah-based penalty.

According to Haveeru, Zuhair said that former President Maumoon Abdul Gayoom earlier made statements similar to those of Pillay.

The demand that the President apologise for Pillay’s remarks is one of five demands made the coalition which protested in defense of Islam on Friday, December 23. Since then, the government taken steps to address the demands which include removing SAARC monuments in Addu, preventing Israeli airlines to operate flights into the Maldives, closing down brothels and places where prostitution is practiced, and reversing the decision to declare areas of inhabited islands uninhabited in order to permit the sale of alcohol.

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Police arrest arson suspect in Miladhoo fire case

Police have arrested a suspect in the arson attack on Noonu atoll Miladhoo island council office last week.

Police confirmed the arrest, however they did not give any further details as the investigation is ongoing.

Local newspaper Haveeru identified the arson suspect as Mohamed Aboobakuru, aged 45, of Kashmeeruvaadhee in Miladhoo.

The fire, which was reported on the early morning of December 28, wreaked extensive damage on the Miladhoo council office and the adjacent island court.

President of the Miladhoo island council Hussain Ghassan earlier told Minivan News that the had received “several threats” from some people unhappy with the council, of which a majority sides with opposition Dhivehi Rayyithunge Party (DRP).

“Some even threatened to burn down the office”, he said.

Ghassan reported that the council work has been halted due to the incident and they are looking for a new office to continue work.

However, he said it would be difficult to proceed as “all the paperwork, furniture and other items were lost to the fire”. The damage would cost the council around Rf 1 million (US$65,000), he added.

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Tourism Ministry may revise spa ban

The government is looking to revise the circular issued late last week requesting that resorts, hotels and guesthouses close down their spas over public allegations that they double as brothels.

“As specifying a certain distance from Male’ would not be a wise decision [in closing down spas] and that other resorts, which also cater for locals, are located close to inhabited islands, the government has decided to close down the spas in all the resorts on a fair basis and by giving a higher priority to the allegations made,” the circular read.

The decision to reconsider the circular was made after several resort owners and the Maldives Association of Tourism Industry (MATI) expressed “serious concern”.

A statement signed by MATI Secretary General ‘Sim’ Ibrahim Mohamed released last week expressed concern with financial losses as a result of the decision as well as effects on holiday-makers currently in the Maldives.

MATI urged the government and opposition parties to “find a peaceful solution” to the dispute.

“The tourism industry wishes for all actors in the political sphere to prioritise the domestic economy, development and security over differences and disagreements among political parties and not involve the economy’s main industries in these disputes,” reads MATI’s appeal.

MATI’s Chairperson M U Manik and Vice Chair ‘Champa’ Hassan Afeef have made statements in the media urging the government to reverse its decision to shut down resort spas after considering the consequences for the economy.

Meanwhile the government has also announced that it is considering banning pork and alcohol across the country, in response to the large number of Maldivians who protested against the government’s current purported “anti-Islamic” policies.

Tourism Minister Dr Mariyam Zulfa told Haveeru yesterday that the circular was issued in response to demands made by the coalition of religious NGOs and opposition parties during the protest to defend Islam on December 23. These demands included the closure of places which support prostitution, namely spas and massage parlors.

Zulfa noted that a policy shift towards strict Islam would have a profound economic impact on the Maldives.

“We can only sustain our economy by following the moderate form [of Islam] which has been in the Maldives until now,” she told Haveeru. “We [ministers] are labelled anti-Islamic because we support the tolerant form [of Islam]. But that label is a disgrace to our parents as well.”

According to Zulfa, several resorts had raised concern over the circular, and while they “are aware of the reasons that led us to take the decision,” the ministry is investigating a compromise.

The Minister was unavailable for comment at time of press.

Minivan News understands that several tour operators have also been calling resorts to inquire if indeed their spas and massage services have been closed down. Hulhule Island Hotel, near Male’, has closed its spa indefinitely.

Maldives Association of Travel and Tour Operators (MATATO) earlier issued a statement condemning the government’s decision to close five Villa Hotels’ resort spas over allegations of prostitution. MATATO noted that local and foreign resorts, tour operators and travel associations had expressed concern over the decision and that the damage to the industry would be grievous.

“The spa and wellness concept is very popular among tourists,” read the statement. “We urge the government to keep politics away from Tourism and also advise various
Tourism stakeholders as well to do same, as majority of Maldivians depends on Tourism for their livelihood and is something to be dealt with extreme caution and care.”

Today, MATATO did not respond to phone calls.

Speaking at a press conference held the day before the circular was issued, President’s Office Press Secretary Mohamed Zuhair justified the strong measure by saying that given the difficulty of distinguishing spas which endorse prostitution from those which do not, and that many high-profile Maldivians visit resort spas, it was important that strict measures be taken to protect those Maldivians’ good names.

Meanwhile, members of the coalition which made the demands have accused the government of “making a mockery of the demands” and “making excuses.”

Alleging that the government is targeting protesters, coalition spokesperson Abdullah Mohamed announced a sixth demand–that the government “stop causing harm to anyone who participates in the religious movement”.

The coalition has given the government until January 5 to fulfill the demands made on December 23, and has warned of further mass protests or direct action in the event that the deadline is not met.

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Calls for religious tolerance “shocked the nation”: Chief Justice Faiz

The December 10 silent protest for religious tolerance is a “warning” of the Maldives’ weakening Islamic faith, Chief Justice Ahmed Faiz Hussein has said.

Faiz’s claim that the demonstration “shocked the nation” was made yesterday at the opening of the Islamic Scholars Symposium, reports local media.

“It was a warning that showed us the increased role religious scholars are required to play and the work they need to do,” he said.

Recommending that the scholars focus on strengthening the Islamic faith rather than debate contentious issues, Faiz said students and lawmakers required further education about the Shariah penal code.

The December 10 demonstration was originally planned for International Human Rights Day as a peaceful, silent protest. However, the 30 participants were attacked with stones, and blogger Ismail ‘Khilath’ Rasheed was taken to the hospital with head injuries.

Rasheed was subsequently arrested without charges following requests from religious NGOs and ruling Maldivian Democratic Party (MDP) MP ‘Reeko’ Moosa Manik that police investigate the demonstration.

Rasheed’s detention was extended a second time last week, after Reporters Without Borders (RSF) criticised the claim that the gathering had violated national laws, and Amnesty International declared Rasheed a prisoner of conscience.

Meanwhile, Islamic Minister Dr Abdul Majeed Abdul Bari has requested the parliamentary National Security Committee to include appropriate punishments for those who call for religious freedom in the nation’s penal code. In discussions, he said the punishments available under Penal Code Article 88(a), (b) and (c) were “soft.”

Bari previously ordered the Communications Authority of Maldives (CAM) to shut down Rasheed’s blog on the grounds that it contained anti-Islamic content.

This weekend’s Scholars Symposium is attended by 60 scholars who are debating seven key points of contention, reports Haveeru.

Points include the method for handling controversial religious issues; the formation of prayer rows between mosque pillars; alms payment; the Qunooth prayer; and the traditions of the Prophet Mohamed.

According to local media, the conference is the biggest of its kind to be held in the Maldives. Originally scheduled for January it was allegedly postponed for reasons unspecified.

The conference comes one week after a coalition of religious NGOs and opposition parties rallied thousands across the country to “defend Islam”, setting off a game of chicken with the government which has lately put the tourism industry on the chopping block.

President Mohamed Nasheed attended yesterday’s opening ceremony.

Religious conservative Adhaalath Party President Sheikh Imran Abdulla and several other scholars from the party are participating in the conference.

Members of Adhaalath Party and Minister Bari were unavailable for comment at time of press.

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New resort to feature local life in Laamu Gan

The mid-market Reveries Boutique resort opening on Laamu Atoll Gan intends to benefit local agriculture and industry while offering tourists a new level of access to Maldivian culture, management claims.

The resort will open in February. It will be one of the first resorts to open operations on a local inhabited island.

With a standard of “comfortable deluxe”, the resort aims to “explore the idea that parts of the Maldives are open for people of all types”, said a management official.

The Tourism Ministry recently endorsed mid-market tourism as a significant factor of economic growth, and an important innovation for the tourism industry.

In addition to water sports, good dining and excursions, Reveries Boutique management has expressed an interest in supporting local archaeological research. Known for its barely-explored Buddhist-era remains, Gan could prove an attractive destination for tourists interested in “real life” Maldives.

However, management has said it will only support archaeological work if there is a demonstrated local interest.

Management adds that Gan’s 20 kilometre length makes it an appealing place for tourists wishing to eat locally and explore Maldivian community life. Noting that “resort life is not real life”, the team intends the resort to foster healthy and responsible living along with guest independence.

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Maldives forges diplomatic ties with Burkina Faso

The Maldives has signed a joint communiqué declaring diplomatic relations with Burkina Faso, a landlocked West African country known exporting gold.

The communiqué was signed by Maldives’ Permanent Representative to the United Nations (UN) Mr. Abdul Ghafoor Mohamed, and Burkina Faso’s UN Permanent Representative Mr. Der Kogda, at a ceremony in New York.

In his speech, Ambassador Ghafoor expressed the Maldives’ commitment to establishing ties with friendly African nations and hoped that these ties would foster a close relationship between the nations and their people.

Both countries are members of the Organisation of Islamic Cooperation.

Burkina Faso is the 161st country to establish diplomatic relations with the Maldives.

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Comment: Maldives: ‘Political Islam’ here to stay?

Maldivians, particularly the security authorities in the country, may have heaved a sigh of relief after the competing rallies by the NGOs and the political Opposition on the one hand, and the ruling MDP on the other, went off peacefully on Friday last. They had anticipated rioting and violent clashes for which public protests of the kind are often known in the country. Yet, the fact also remains that the competitive posturing on the type of Islam that the moderate Muslim country should follow may have made ‘political Islam’ the core of public discourse in the country in the long run-up to the presidential polls that are however due only in October 2013.

UNHRC chief Navi Pillay thus should be contented, if not happy, for what Maldives is doing since her proposing a national discourse on the kind of Islam that the country should be following. She made the suggestion during a visit to the country in November, both inside and outside Parliament. While protesting Navi Pillay’s proposal making Islam a debatable issue, the otherwise divided Opposition parties lending support to seven NGO organisers of the rally, have done precisely that. By competing with them, the MDP, particularly President Mohammed Nasheed, has thrown a challenge to the rival camp, declaring that the nation had to decide the kind of Islam it wanted to follow.

Addressing the MDP rally on Friday evening, President Nasheed said it was a ‘defining moment’ in the nation’s history. “At this moment we may not realise how important this gathering is, but years down the line we will look back and realise this was a crucial moment,” he said.”This is an old country, people have lived here for thousands of years and we have practiced Islam for more than 800 years. In 2011, we are faced with a question, how should we build our nation: what we will teach our children, how should we live our lives, and what will we leave for future generations?” President Nasheed, according to a Press release issued by his office, stressed that he wanted to continue to practice a tolerant form of Islam.

The President said that he believed that the Maldivians wanted “a better life, the ability to travel, not to have to beg for medicines, for each Maldivian to be able to fend for themselves, feed their families and stand tall.” He said, “To build our economy we need foreign investments and we need to create an environment in which foreigners can invest. We can’t be scared of foreign countries; we can’t just stay within our shells without development. History shows this is the path to economic failure…We can’t achieve development by going backwards to the Stone Age or being ignorant.”

Taking the political battle on moderate Islam to the Opposition camp, President Nasheed asked: “Should we ban music? Should we mutilate girls’ genitals? Should we allow nine year-olds to be married? Should we forbid art and drawing? Should we be allowed to take concubines? Is this nation-building?” Even while standing up for values that he has reiterated that he stands for steadfastly, President Nasheed was also setting the agenda for his re-election campaign for 2013, and by his strident position on moderate Islam, possibly hopes to retain much, if not all of the youth voters that had contributed to his success in the 2008 polls. In a country where the 18-25 age-group accounts for 40-45 per cent of the population, that is saying a lot.

This may not end here, though. The Opposition’s protest for protecting Islam has also provided a platform for them to come together after the Dhivehi Rayyathunge Party (DRP) of former President Maumoon Gayoom split earlier in the year, with the splinter group identified with his leadership floating the Progressive Party of Maldives (PPM) more recently. Both DRP, now under Gayoom’s 2008 running-mate Thasmeen Ali and PPM leader Abdulla Yameen, half-brother of the former President, shared the dais with other Opposition party leaders at the Friday rally. This need not mean that they would settle for a common alliance and candidate to challenge the incumbent in 2013, but that has since become a possibility, nonetheless. This would be more so if the presidential polls run into a second, run-off round, as in 2008.

An ‘Afghanistan’ in the making?

Ahead of the rally, Foreign Minister Ahmed Naseem too cautioned the nation that an increase in extremist rhetoric might affect the country’s international image and the ability of its citizens to freely travel abroad. Maldives had “a lot to lose” should such intolerance continue, the local media quoted Naseem as saying. “A large number of Maldivians travel outside the country and such rhetoric will have implications for the average Maldivian travelling abroad, and on those Maldivians already living abroad,” he said, pointing out that Maldives was a liberal democracy “with a Constitution based upon respect for the human rights of all.”

Appearing before the National Security Council of Parliament, Police Commissioner Ahmed Faseeh reportedly expressed concern that Maldives was heading towards becoming another “Afghanistan” – except that unlike Afghanistan, it was not able to produce its own food. Organisers of both the ‘Defend Islam’ and ‘Moderate Islam’ protests also assured the committee that there would be no violence at the rival rallies. As subsequent events proved, the rally organisers proved the police chief wrong, after he had said that local gangs had potential to capitalise on the opportunities to their own benefit if political parties ended up using them, even if for a good cause.

However, there was no immediate response to a report in the Indian newspaper, The Hindu, in which top Government sources claimed that Pakistan funding was available for the Opposition rally. Interestingly, the ‘Defend Islam’ protest and movement has its origins in fundamentalist elements destroying the Pakistani monument for the 17th SAARC Summit in the southern Addu City, describing it as idolatry. The Navi Pillay observations only hastened the process, even though indications are that the fundamentalist Adhaalath Party, which is at the back of the pro-Islam protests has been targeting the US and Israel, and their purported influence on the Government of President Nasheed, in matters that they argue are anti-Islamic.

‘Prisoner of Conscience’

The US has been made the villain of the piece in Afghanistan and Iraq, two Islamic nations, while Israel has been targeted over the Palestine issue, with the Nasheed Government’s decision to permit the Israeli airliner to operate flights to Maldives providing the immediate provocation and justification. Fundamentalist groups, as also the political Opposition, are not convinced that Maldives could not cast its vote on admitting Palestine into UNESCO owing to a communication gap, which meant that the official delegation had flown home early on. In private, they argue that either the decision did not make sense or the Government did not do its homework properly as Palestine was admitted into UNESCO, after all. Here again, they see a western hand.

A day after the Friday rallies, reports said that the Afghanistan monument for the SAARC Summit at the southern Addu City had been vandalised and thrown into the sea, like those of Pakistan, Sri Lanka and Nepal. A replica of Afghanistan’s Jam minaret, featuring Koranic phrases and a UNESCO World Heritage site, the monument could not be restored, reports from Addu said. The Haveeru quoted local MDP leaders as saying that the party was not behind the vandalism, adding that it owed to ‘political reasons’.

Interestingly, Amnesty International has described as ‘prisoner of conscience’, blogger Ismail ‘Khilasth’ Rasheed, who was arrested after being attacked when he was addressing a small group, defending religious freedom in the national capital of Male a fortnight back. Foreign Minister Naseem said it was a matter of concern to the international community. Rasheed’s initiative followed UNHRC’s Navi Pillay’s call for religious freedom and for a national discourse for ending flogging of women in the country. As may be recalled, Amnesty had named President Nasheed a ‘prisoner of conscience’ for his pro-democracy political and public initiatives, after he was imprisoned more than once by the erstwhile Gayoom leadership.

For now, the ruling party has called off the ‘moderate Islam’ rallies that were to have continued for two more days, what with the Opposition too ending its protest at the end of day one. After the Friday rallies, presidential spokesman Mohamed Zuhair acknowledged people’s participation in the Opposition protest, and said that the Government would consider their demands. However, he wondered who had made those demands, political parties, or individuals and/or NGOs, which needed to be treated differently. Ahead of the MDP rally, many party seniors, including MPs, had urged President Nasheed not to have their programme on the same day. Some of them also publicly suggested that as Head of State, President Nasheed should not participate in what essentially was a political rally.

While this may have quietened the situation, it remains to be seen how various political players take off from here — or, listen to the voice of reason among a substantial section of the people, who do not want them to make Islam a political issue. There is large-scale apprehension among the masses and the current rallies could trigger societal divisiveness that goes beyond politics and elections, and could also concern larger national interests, starting with security issues, in the months and years to come.

N Sathiya Moorthy is a Senior Research Fellow at the Observer Research Foundation.

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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President discusses security with Sri Lanka

President Mohamed Nasheed has discussed plans to enhance defense cooperation between the Maldives and neighboring Sri Lanka during his official visit to the country.

The two governments are considering joint naval operations as a means to counter the increasing threat of maritime terrorism and piracy. Identifying South Asia as a “conflict-stricken region”, he commended the work of the Sri Lankan Security Forces.

President Nasheed was chief guest at a ceremony to recognise 194 cadet officers, including one Maldivian cadet officer. It is the President’s third visit to Sri Lanka this year.

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