Morning Star crew free to return to the Maldives after seven month wait

The crew of a Maldivian ship detained in the Indian port city of Kochi have been told they can finally return to the Maldives after a seven month wait.

The owner of the vessel, Managing Director of Mallinks Pvt Ltd Ibrahim Rasheed, had told crew members back in January that they must attempt to sell the ship or risk being stranded in India indefinitely.

MV Morning Star had been detained by Indian authorities in July 2012 after the vessel it had been towing from the Maldives sank in Indian waters.

Transport Authority Chairman Abdul Rasheed Nafiz said on Monday (March 18) that the ship had now been sold by the Indian courts and the crew will be able to return to the Maldives.

“The crew can return back any time now, but at present they are waiting to receive the money they are owed from the sale of MV Morning Star,” Nafiz said.

The Transport Authority Chairman told Minivan News earlier this year that the crew had gone without pay for over five months prior to January, and had been relying on a union in India to provide them with food.

“The same union is taking care of the crew at the moment whilst they wait for their pay,” Nafiz confirmed today.

Following the sinking of the vessel back in July, a ruling by the Indian Judiciary stated that the ship, along with the crew, would not be allowed to sail out of the port until the sunken vessel had been salvaged.

The ship’s crew had been advised by Rasheed in January to sell the vessel as he could not personally afford to pay for their return.

Speaking to Minivan News today, Rasheed confirmed that the Indian courts had reached a verdict to sell the vessel for US$165,000.

“The captain and crew of the ship can deduct their salaries from the sale of the ship. I spoke to the captain yesterday (March 17) and he told me he will pay the crew,” Rasheed said.

“The unions who helped support the crew will also be able to take their share of owed money,” he added.

Rasheed previously claimed that MV Morning Star would have been able to sail out of the port had the sunken vessel – MV Sea Angel – been salvaged.

According to Rasheed, both ships had been insured by Allied insurance and it had been the insurance company’s responsibility to salvage the sunken ship.

“We had fully insured both ships. The insurance company gave us a wage policy and in the policy they have written, ‘within 40 days we have to sail the vessels’, which we did.

“The insurance company needs to take responsibility, but they are saying no,” Rasheed said back in January.

MV Morning Star had been towing MV Sea Angel to a port in India for it to be scrapped, however just eight miles from Kochi, the 26 metre vessel began to sink.

Speaking today, Rasheed said that he had now filed a case against Allied Insurance, and is currently waiting for the next hearing to be scheduled in court.

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“Amnesty International is biased; sometimes excessive force is absolutely necessary”: Human Rights Ambassador

Human Rights Ambassador of the President’s Office “Sandhaanu” Ahmed Ibrahim Didi has accused Amnesty International of “fabricating stories about the human rights situation in the Maldives” and of releasing reports about the Maldives without conducting any studies or research.

The Human Rights Ambassador has previously held a press conference declaring that there “should be no opposition parties”, and that “I cannot believe, in fact, I do not at all want to believe, that there can be anyone with views opposing that of the government.

He has also labelled the opposition Maldivian Democratic Party (MDP) an “unlawful organisation which commits terrorist activities and attempts to undermine the powers of the state”, and called for the Elections Commission to dissolve it, on the grounds that “they shouldn’t be allowed to exist.”

In a number of letters to the NGO obtained by Minivan News, the Human Rights Ambassador initially spoke highly of the international human rights NGO, crediting it for the freedoms of assembly and expression currently constitutionally guaranteed to the country’s citizens.

“All Maldivians, especially me, should be very thankful to Amnesty. They helped me immensely back when I was jailed. I must say that, if not for Amnesty, we might still be stuck in an extension of that long 30 year regime [former President Maumoon Abdul Gayoom’s administration]. Back then, we did not even have the rights guaranteed to a German frog. That’s right, even the German frog has won a court case which gave him the right to scream as loudly as he likes,” Ibrahim Didi said at a press briefing held on Wednesday.

“It was an initiative and pressure of Amnesty International that led to Maldives signing the ICCPR (International Covenant on Civil and Political Rights). When vocal youngsters on the street yell ‘baaghee’ [traitor] and vulgarities at me, I don’t say anything and instead smile at them because they are using a right that I guaranteed for them,” Ibrahim Didi said.

“But when these youthful protesters claim that the freedom of expression they use is a right they ensured for themselves, then they are simply wrong. I did it. I got those rights for us. It is I, who achieved the guarantee of these rights, who is now here is the Human Rights Ambassador,” Ibrahim Didi stated.

“Now, going back to the issue, although Amnesty was of great help, now they are being the exact opposite. Now they are acting wrongfully,” he said.

“Amnesty’s Abbas Faiz claims to have conducted studies, but actually they are righting these reports without having conducted any formal research or studies. They are causing so much trouble in the country,” the ambassador alleged.

“I am deeply saddened to utter such words against Amnesty, words which will doubtless upset them. However, this is my responsibility as the Human Rights Ambassador placed in the President’s Office. I have also twice written directly to Amnesty about these concerns,” he stated.

Ibrahim Didi did not clarify whether or not he had received responses to the letters sent to the international human rights civil society. He shared copies of the letters with the media, the first sent on October 30, 2012 titled “Ref: Police violence as ex-president is arrested on 8th October in Fares Mathoda” and the second sent on March 7, 2013 titled “Ref: Former President’s arrest ‘selective justice’ – Amnesty International.”

“Amnesty report extremely biased”

In a letter sent to the NGO regarding the first arrest of former President Mohamed Nasheed to present him to court in October 2012, Ibrahim Didi called Amnesty’s statements regarding the issue “incorrect and extremely biased”, stating they were issued “blindly without any research.”

The letter then aims to explain why the detention of Nasheed was necessary, stating that it was in relation to the former President having “violated the country’s constitution several times”. The letter, however, only offered as example the contentious case of Nasheed’s detention of Criminal Court Chief Judge Abdulla Mohamed, calling the detention “the most ruthless action ever conducted by the military against a citizen of the country in the known history”.

Ibrahim Didi also dismissed any allegations of executive involvement in the arrest of Nasheed, insisting that “the judiciary of the state operates independently.”

He then denied the allegations made in the Amnesty report, repeatedly stating that the NGO had “failed to conduct sufficient research”.

“When [Nasheed] was arrested and there was no confrontation between Nasheed’s supporters and the police. The ex-foreign Minister did not attack the police, for him to be kicked and pepper sprayed on his face as Amnesty’s report says. There was clearly no resistance displayed to use pepper spray in the whole operation. The whole operation was recorded on video and televised on local media,” he claimed in the letter.

“The source of Amnesty’s report was based on an eyewitness and without further investigation it was broadcast, tarnishing the Maldivian police integrity. Hence, we strongly urge Amnesty International to refrain from such exploitations without fully probing into facts as it leads to destruction of peace and harmony in the country.”

The Human Rights Ambassador, while dismissing allegations of police brutality, also offered justification for the police actions of February 8, 2012:

“We vehemently deny any accusation of police brutality during President Mohamed Waheed’s period (since February 2012) but on 8th February the police had to use force to disperse an aggressive Maldivian Democratic Party (MDP) supporters who were armed with long sticks and bricks in their hands to batter the police force. And we would also like to note that the police personnel and Maldives National Defence Force (MNDF) personnel were extremely exhausted on that day while there was no proper command and control formed after Nasheed’s resignation on 7th February sparking chaos in the whole country.”

In conclusion, Ibrahim Didi wrote that Amnesty International seemed to be highly concerned of human rights violations during Gayyoom’s regime, adding “it appears Amnesty International is indirectly rejecting any process of legality as those allegations against Maumoon not being investigated yet.”

Amnesty International had at the time released a report titled “The Other Side of Paradise: A Human Rights Crisis in the Maldives”, chronicling human rights abuses in the country since the controversial transfer of power in February 2012.

Minister of Home Affairs Mohamed Jameel Ahmed had responded to the report at the time, saying the NGO had failed to seek any comments from the government. He did not, however, appear to dispute the contents of the report.

“Sometimes excessive force is absolutely necessary”

In a more recent letter, Ibrahim Didi once again accuses Amnesty of bias, stating:

“We strongly deny that the filing a court case against Nasheed is a ‘selective justice’ being served here as Amnesty International suspects,” the letter read.

“Former President Gayyoom’s rule has been also investigated for three long years during Nasheed’s 3 year term,” Ibrahim Didi wrote. “Apart from the wages and office expenses a Singapore law firm was hired for 25 million US dollars.”

“So we regret to say that Amnesty’s comments come without any research as usual and the statements are biased, favouring MDP. It looks as it a MDP statement. If one is a little bit fair of the comments of the situation, they would blame on the burning properties, attacking of the peaceful pedestrians in their so-called peaceful demonstrations,” Ibrahim Didi alleged.

“Moreover MDP militant parliamentarians behaved inside the parliament house like thugs, destroying government properties and attacking security forces. They have played hooliganism before foreign dignitaries inside the chambers. In this civilized world no one could see such violent scenarios even in African subcontinent,” he continued.

Ibrahim Didi further stated that contrary to what MDP might say, their protests were not peaceful and hence “to stop this kind of violent protests, sometimes excessive force is absolutely necessary to minimize damages.”

He further labels MDP’s demonstrations as “illegal”, adding “If these demonstrations are legal and peaceful, we the whole Maldivians can come out and demonstrate at any time. Some can come out to demonstrate to hang Nasheed and his power clique for robbing the state wealth, shrinking our economy.”

Ibrahim Didi states that the trial against Nasheed is not the only charge against him, but rather “the beginning of a series”.

Stating that “we always believe Nasheed is a mentally ill person”, Ibrahim Didi lists out a number of accusations against the former President. Among these, he states that “Nasheed used state TV and Radio to propagate his party’s agenda” and that “MDP activists along with chairperson ‘Reeko’ Moosa Manik and Nasheed’s right hand lady, Mariya Ahmed Didi had formed Kangaroo Court and conducted rulings on other citizens.”

Ibrahim Didi then refers to the controversial transfer of power of February 7, 2012, saying Nasheed was either “mentally ill” or “intoxicated and his brain was not functioning properly” on the day.

Ibrahim Didi stated that the Commission of National Inquiry’s findings and the HRCM report proves that Nasheed had resigned voluntarily and that “this is not a disputed resignation at all as Amnesty says.”

The Ambassador said that he “wonders why [Nasheed]’s foreign friends love him so much”, and stated he knew why the local ones did.

“They have altogether robbed the state wealth and sold government assets at cut rates and treasured them for future and now looking forward for some more. Now all these criminal are on the street, the drug addicts and the drunkards. Together they are trying to evade from the courts verdict. This has nothing to do with political instability in the country,” he accused.

“The country is not in a red alert situation here because of some paid street hooligans who shout on the roads and attack innocent civilians.”

Following the arrest of Nasheed earlier this month, Amnesty International stated the arrest an example of “selective justice”, which “highlights the failure of the Maldives authorities to investigate other serious human rights abuses in the country.”

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Addu airport development awarded to UK-based company

UK-based Lagan Construction has been chosen to develop Addu International Airport, State Trading Organisation (STO) has announced.

Managing Director of STO Shahid Ali told local media that along with Lagan Construction, Danish company MT Hojgaard had also submitted a bid for the project.

“The tender for the development of Gan Airport was opened in December. It took is one month to evaluate the bids. Two parties had submitted proposals.

“They were Lagan Construction and Højgaard. Out of them, Lagan had submitted the most responsive bid in the bid evaluation process. So Lagan has been shortlisted,” Shahid was quoted as saying in local media.

Shahid stated that discussions were underway with Lagan to implement the project.

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Comment: Anatomy of a manufactured crisis

“The mass do not take their opinions from dignitaries in Church or State, from ostensible leaders or from books. Their thinking is done for them by men much like themselves, addressing or speaking in their name, on the spur of the moment… ” – John Stuart Mill, On Liberty

As I’m writing this (13th March 2013) negotiations are underway between Male City Council, Environment Ministry and Tatva Global, with the help of Clinton Global Initiative towards a final resolution that will hopefully put Male’s waste management issue behind us. Though it would seem that the issue is simply, writing a fair and favourable contract for all stakeholders involved, the picture that emerges from media is entirely different.

The media narrative (especially in the broadcast media belonging to rich resort owning businessmen) is a simple one. Male City Council with the sole interest of obstructing proper functioning of government had deliberately halted its waste management program. At times, this story shifts towards a negligent or inefficient Male City Council.

Nevertheless, the basic premise is indubitably clear: the responsibility lies with Male City Council. While the waste management crisis is a real, concrete issue that affects many lives, this simplified story of good and evil that we are sold supports a political goal – that of constructing a people antagonistic to Male City Council, and by extension MDP, who dominates the City Council seats.

This is helped by the fact that Male Kunikoshi (waste disposal area) is subject to arson attacks whenever MDP protests flare up in the city, and media consumers are often led on to believe that such arson attacks have a relation to MDP. While it is unclear who is actually responsible for these arson attacks, the general nuisance such incidents create helps to foster sentiments that support the above narrative of an inefficient/negligent Male City Council.

When we unpack this whole series of events beginning with the budgetary issues of Male City Council, waste handling issues, and how these issues are portrayed in the media, a pattern emerges. I believe this pattern is reflected in other similar issues of the past three years, and can be used to explain the mobilisation of thousands of anti-government supporters (together with police and MNDF), which finally resulted in Waheed taking control of the executive. The significance of this pattern is the populist approach media takes, pitting the interests of a ‘people’ against a system of corruption, negligence, inefficient bureaucracy, where this system is often institutions controlled by MDP.

The result of such narrative is key voting blocs are won over to the camp who represents the interests of the said ‘people’. Understanding this pattern is key to understanding how politics is conducted today in the Maldives.

Roots of the waste management crisis

An agreement between Tatva Global, an Indian company with experience in environmentally friendly waste management, and Male City Council was signed in May 2012. Very little or no budget was allocated for waste management for the following year 2012 by Male City Council, which seems to have been on the understanding that Tatva Global would take over waste management within six months of signing.

Yet by early 2012, nine months into the contract, Tatva Global had little to show and was requesting for more time. Following the February coup, Male City Council issued a statement refusing to acknowledge the legitimacy of Waheed’s government and presenting a stand of non-cooperation with Waheed’s government.

By May 2012 the conflict between Male City Council and Waheed’s government was intensifying, primarily over land and other assets controlled by Male City Council. At that time, Thilafushi was considered part of Male and under the jurisdiction of Male City Council. All waste ends up on Thilafushi either for processing or burial and is key to the waste management project.

Waheed’s reaction to the crisis was to change Thilafushi Corporation’s Board of Directors and refuse cooperation with the waste management project. Meanwhile, Tatva Global’s project itself was running into their own problems, with Tatva requesting yet more time from Male City Council, with the project already a year late.

May 2012 was also the time at which the media onslaught against Male City Council ratcheted up. Media coverage of Male City Council during May and in the following months was primarily focused on creating a narrative that attempted to portray Male City Council as extremely politicised and unable to provide basic services for the public, because of their non-cooperation stand. As part of this campaign against Male City Council, a petition with fifty odd signatures was submitted to LGA requesting to take action against Male City Council for their negligence.

By June 2012, a month into the targeted media campaign against Male City Council, Male City Council was reported as saying that they did not have the necessary funds to pursue various projects such as roadworks and waste management. Members of the City Council kept repeating that there was no budget for such projects, and they were capable of conducting only minimal ‘patch’ works, and that previously held assets for such work had already being transferred to Road Development Corporation. It would seem that the government and media were in sync, pulling the levers of finance and media against Male City Council – by transferring responsibility of roadworks from Road Development Corporation to Male City Council without giving them the necessary resources, by blocking finance, and creating a media frenzy around this issue portraying Male City Council as inefficient and negligent.

By July 2011, Waheed had issued an executive order for the takeover of Thilafushi and handed over complete control of Thilafushi and all related assets to Thilafushi Corporation. At the same time, Waheed’s Environment Minister went to press expressing the government’s intention to start their own waste management project. This completely sidelines Male City Council and Tatva Global, bringing their project to a halt.

Just a week later, Male City Council would announce that Male Kunikoshi (the waste disposal area) was full ahead of Ramadan, a peak time of the year, and they do not have the budget for the cleanup as finance was completely blocked.

From this point forth, the same pattern kept repeating – either the garbage disposal would be full and Male City Council would be forced to close the site, or an arson attack burned the garbage dump – and this continued for a full nine months.

All the while, the media unquestioningly follows the official line – Male City Council is at fault, and it is their sole responsibility. The result: public opinion, vital ahead of the election, is turned against Male City Council and MDP.

February/March 2013 would bring a slightly new twist to the whole narrative. This recent episode begins with Nasheed taking refuge in the Indian High Commission, and once again there’s an arson attack on Kunikoshi. This time however, Imaadhudheen School shuts down because of the smoke and parents protest outside Male City Council.

Waheed, seeing the opportunity to grab a few more votes, swept in with the MNDF to clean up the garbage dump.

The following video report produced by DhiTV on the day Waheed visited Male Kunikoshi is exemplary of the kind of biased, one sided, vote-seeking reports produced in our media landscape, and worth seeing just to see how an issue can be manipulated in the media:

http://m.youtube.com/watch?v=CHbsUH8h4Ps

Unpacking the Media Narrative

The first point to note is that underneath all the political rhetoric and maneuvering lies a real issue that affects many lives – the public health hazard, teachers and students being hospitalised, closing of schools, the smoke, the stench etc.

The public has a right to feel disaffected by this crisis, and is indignant and up in arms with good cause.

The second point to note is though this is a manufactured crisis; there is no inherent direction to which this raw emotional energy of the public may flow. That is to say, that it is entirely contingent, and depends on how Male City Council responds as much as to how Waheed is able to captivate and charm his way around it.

But clearly, Male City Council is at a disadvantage here, when the media gives little attention to their press conferences.

The MDP, which is ultimately implicated in all these battles, rarely seems concerned by how these issues unfold in the public imagination, and are mostly focused on other battles that they consider more significant.

It is in these circumstances that Waheed is presented as savior coming to save the public from an impending health hazard with his sleeves rolled up, literally. His words focus entirely on creating the impression that Male City Council has been unable to fulfill their duty, and that he had to ‘save’ the public from a health crisis by marching in to Male Kunikoshi with the MTCC and MNDF.

In what little facts that are in the report, we are still able to glean a few and be amazed at their glaring contradictions. For example, Waheed claims that he will clean up Male Kunikoshi by allocating a MVR 21 million budget for the immediate one time clean up, yet for all their complaints, Male City Council were given only MVR 8 million for the same job in the months before.

Had he allocated the budget earlier, could he have prevented this crisis, entirely? Yet, such doubts are easily glossed over when we are bombarded with such repeated rhetoric as “the past three years”, “irresponsible, politicised City Council” and so on. The public in its turn can only breathe a sigh of relief, a moment of catharsis, after weeks of burning stench.

From Disaffected Public to Political Subjects

This is also the same public who protested in front of Male City Council demanding a rapid solution to the waste management issue, after being tormented by weeks of smoke.

It’s important to note the changes that occur when a disaffected public (in this case Imaadhudheen parents) goes in to political action. Before engaging in political action, one has to accept certain notions, and give meaning to certain symbols in that particular situation.

To simply have a demand – stop the smoke and stench – is not enough for one to be constituted as a political subject. In this case, the choice of location (in front of Male City Council) already shows who they chose to blame in this particular crisis.

The choice to protest there shows they had already accepted the basic contours of the narrative presented by Waheed and DhiTV, which in one sense means that even before Waheed marched in to Male Kunikoshi, he had succeeded in creating a possible voting bloc. This last gesture of providing MVR 21 million in relief for the clean up was mere icing on the cake; Waheed’s chance for a souvenir victory portrait atop a garbage hill.

When we have examined this crisis closely we see how a disaffected public is created in a crisis, captured within a particular discourse, and within this system of signification how different elements cohere together and give articulation to political subjects.

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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Supreme Court overturns parliament’s dismissal of CSC Chair Mohamed Fahmy for sexual harrasment

President of the Civil Service Commission (CSC) Mohamed Fahmy Hassan has returned to office after Supreme Court ruled that parliament’s decision to remove him was unconstitutional.

The CSC confirmed to local media on Sunday (March 17) that Fahmy had returned to work after he had been dismissed by parliament in late November last year.

In November last year, parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On Thursday (March 14), Supreme Court ruled 6-1 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).

Following the judgment, Fahmy would be reinstated and compensated for lost wages since December 2012.

Delivering the judgment, Supreme Court Justice Abdulla Saeed reportedly said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

Fahmy was alleged to have to have said to a female CSC employee that “it is not appealing when unmarried girls like you get fat”, whilst touching her on the stomach.

Following Fahmy reinstatement, Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali today tweeted: “Majlis n civil servants have lost confidence in Mr. Fahmy, President of CSC. In the national interest, he should resign.”

Supreme Court ruling will encourage sexual harassment: NGO

Maldives-based NGO Voice of Women (VoW) expressed its disappointment with the Supreme Court’s ruling regarding the verdict on Fahmy’s dismissal last year.

In a statement published on its website, VoW accused the Supreme Court Justices of having let down the women of the Maldives.

“In a small country like Maldives, where women are terrified to come forward and report cases of sexual abuse, domestic violence or sexual harassment, it took great courage for a girl to step forward and report this case against Mr. Fahmy,” the statement reads.

“By reinstating Mr. Fahmy, after disregarding the Parliamentary no confidence vote, all the women working in Civil Service are in danger of being victims of sexual harassment, as women will be even more reluctant than before to come forward and report such cases.”

VoW raised further concern regarding Fahmy’s seat on the Judicial Service Commission (JSC), claiming that he is in a position to “influence the judiciary”.

“As Parliament had dismissed heads of independent commissions in the past with votes of no-confidence (eg Auditor-General on 28 March 2010) without any prior court case, VoW is extremely concerned that this ruling is highly irregular and departs from previously established norms and procedures,” the VoW statement reads.

“VoW calls upon the Parliament of Maldives to exercise its rights as per article 187 of the constitution and immediately take action to remove Mr. Fahmy (whom the parliament members as representatives of the people, do not have confidence in, and who they believe women employees will not be safe with) from his reinstated position.”

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Sri Lankan minister calls for deportation of Maldivian asylum seekers

A Sri Lankan Minister has reportedly called for the deportation of Maldivians who are currently seeking asylum in Sri Lanka.

Local media reported Minister of Technology Research and Atomic Energy, Patali Champika Ranawaka, as calling on the government of Sri Lanka to take action against Maldivians who are converging in areas within the country.

During a ceremony to launch Patali’s book entitled ‘Al Jihad Al Qaeda’, the minister allegedly claimed that foreigners were flooding Sri Lanka due to conflicts in other countries.

“Because of the internal tensions in the Maldives, thousands of its citizens are now in areas such as Dehiwela, Ratmalana, Nugegoda, and they are seeking political protection and [it] would be a tremendous problem to Sri Lanka in the near future,” the Minister was quoted as saying in the Sri Lankan publication ‘Mirror’.

Sri Lankan media claimed the minister had then called for the government to carry out a proper census and subsequently arrange for the deportation of those seeking asylum.

The minister’s comments were made in light of proliferation of Saudi ‘madrassas’ – religious teachers – who are accused of propagating extremist Islamic ideas in Sri Lanka.

The minister stated that there are roughly 700 madrassas currently teaching in religious schools in the country, and it had been established that the religious teachers had been connected to recent disputes within Sri Lanka.

A media official from the Ministry of Foreign Affairs told Minivan News today that it had “no comment” regarding the issue.

“If there is any comment regarding this issue made by the ministry, we will make it available to the media very soon,” he said.

Sri Lankan Minister of Technology Research and Atomic Energy Patali Champika Ranawaka was not responding to calls from Minivan News at time of press.

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State must prove ‘MC’ Hameed’s dismissal was lawful: Civil Court

The Civil Court has ruled that it is the state’s responsibility to prove that former head of police intelligence Chief Superintendent ‘MC’ Hameed’s dismissal was lawful and in accordance with the constitution.

The Police Disciplinary Board dismissed Hameed from his position over allegations he provided confidential information to an opposition Maldivian Democratic Party (MDP) report written by the former government’s Environment Minister Mohamed Aslam, and National Security Advisor Ameen Faisal.

Local media claimed the decision was made by the Disciplinary Board on allegations that the three officers had “worked for the political benefit of a certain party” using their police roles.

Hameed filed a lawsuit in the Civil Court against the Maldives Police Service (MPS) on August 25, claiming that his dismissal from the institution was unlawful.

“The [judge’s] ruling is in reference to the state’s attorney ‘holding onto witnesses’ who would provide testimony regarding my dismissal in which I was sacked unlawfully. This is not the final verdict,” Hameed told Minivan News today.

“The MPS believe they have the privilege of not falling under general employment regulations because they are a separate entity,” he added.

Speaking previously to Minivan News Hameed stated, “I have noted that the dismissal was against the constitution and the Police Act. We have noted many articles that were violated in the dismissal.”

Judge Mariyam Nihayath, presiding over the Civil Court hearing, ruled in favor of Hameed’s lawyer’s argument that it is indeed the responsibility of the state to prove Hameed’s dismissal was legal.

Nihayath explained that all citizens are guaranteed the fundamental right to employment and if that right was withheld, it must be in accordance with Article 16 of the constitution, according to local media.

Article 16 guarantees the “rights and freedoms” enumerated in the constitution for all citizens – including employment – are “subject only to such reasonable limits [as] prescribed by a law” and these limits must be “demonstrably justified in a free and democratic society”.

When asked about today’s Civil Court ruling, Police Spokesperson Sub-Inspector Hassan Haneef instead referred to the Criminal Court case being brought against Hameed by the police.

“The case is being investigated and has been sent to the Prosecutor General’s office. You’ll have to ask them if they have enough supporting evidence,” Haneef told Minivan News.

Prosecutor General’s (PG) Office Media Official Hussain Nashid confirmed to Minivan News that the PG had received the case against Hameed “last November or December” but was “not sure” if the civil court ruling would have any bearing on the state’s criminal court case.

Hameed also confirmed that the MPS previously filed the criminal case against him with the PG’s office, but did not know of any further developments in this regard.

“I have not yet received a summons [to appear in court], so I guess the case is still pending,” stated Hameed.

The Police Disciplinary Board also relieved Superintendent Ibrahim Adhnan of duty and announced it was demoting Superintendent ‘Lady’ Ibrahim Manik to Chief Inspector of Police, removing the disciplinary badge on his uniform, in June 2012.

Hameed, Adhnan and Manik were among only a few police senior officers who did not join the events of February 7, which saw mutinying police hand out riot gear to opposition demonstrators and launch an all-out assault on the main military headquarters.

Hameed’s arrest and detention

In June 2012, Police arrested Hameed over allegations he had contributed to the MDP’s report into the controversial transfer of power on February 7, the publication of which was derided by the government as an “act of terrorism”.

Following reports that police who cooperated with the Ameen-Aslam report were being rounded up and detained, police initially denied allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. However court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were subsequently leaked.

The Criminal Court arrest warrant stated that Hameed was accused of “misusing” or leaking information acquired through his position for “the political gain of a particular group”, and participating in the compilation of the “misleading” Ameen-Aslam [MDP] report, which undermines “the public’s respect for the security services.”

It justified his detention on the grounds that Hameed might influence witnesses and attempt to get rid of evidence as “others are suspected of involvement in the case.”

Police issued a statement that day confirming that Hameed had been arrested on charges of leaking “important information collected by the Maldives Police Services intelligence related to national security” as well as providing “untrue and false information” intended to benefit a specific [political] party, which could pose a threat to national security and create “divisions between the police and the public.”

Hameed’s actions were in violation of the Police Act, the statement insisted.

Hameed was held for five days following his arrest. The Criminal Court’s decision to detain Hameed was appealed by his family in the High Court, which ruled that there was no grounds to rule an extension of his detention was unlawful at the time.

The Criminal Court extended his detention period to five days before releasing him on the grounds that it did “not believe the detention should be extended any further,” just a few hours after the High Court upheld its decision to keep him detained.

Hameed’s lawyer Ismail Visham argued during the High Court hearing that his client had been subjected to discrimination.

Visham told the court that there were police officers accused of more serious crimes who had not been detained, alleging that in one instance, a senior colleague presently stood accused of attempting to rape a woman.

He further contended that the Criminal Court judge had extended Hameed’s detention period not based on police evidence, but on the judge’s own view. Visham contended that Hameed had therefore lost the right to respond to the accusations against him.

In response, the state attorney said that Hameed was accused not of a disciplinary matter but a criminal offence, and argued that the Criminal Court judge had declared Hameed a threat to society because police told the judge he might seek to “intimidate witnesses” and “destroy evidence”.

Following his detention, the family of Chief Superintendent Hameed expressed concern over his detention and noted that he was widely respected in the force as “a man of principle”. He has been in the service for over 17 years and has a masters in policing, intelligence and counter-terrorism.

Following the raid and extrajudicial dismantling of the MDP’s protest site at Usfasgandu on May 29, Hameed tweeted: ” Called a ‘baaghee’ [traitor] on the road twice today. Rightly so when our own actions are unjustifiable and thuggery like!”

After his dismissal, Hameed tweeted: “Ayan: Daddy, why were you fired from your job? My response: Because I did not join the bad guys.

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MP involved in illegal drug business is attempting to frame me: Umar Naseer

Additional reporting by Mariyath Mohamed

Progressive Party of Maldives (PPM) presidential primary candidate Umar Naseer has claimed that an MP involved in the illegal drug business is attempting to “frame” him.

Speaking at a rally on Friday night (March 15), Naseer claimed that the unnamed MP had tried to ruin his reputation by sending police into his offices looking for contraband.

On Saturday night (March 16), Naseer then posted on both his Facebook and Twitter page that someone had tried to frame him “but I was not in the car I was delivering a speech in Miladhoo”.

Asked what Naseer was referring to, a police source told Minivan News today that a bottle of alcohol had been found in a car belonging to Naseer’s wife when searched by police yesterday.

“Last night the driver of the car had parked after there had been some sort of accident caused by someone on the back seat.

“At that time, the driver found a bottle of alcohol within the car and reported it to the police. We took the driver, questioned him and released him,” the source claimed.

Speaking in regard to the alcohol allegedly found in the car, Police Spokesperson Chief Inspector Hassan Haneef confirmed that a bottle had been found and the case was still under investigation.

“We received a report from a driver of a vehicle stating that there was a bottle of alcohol in the car. Police went to the car, searched it and took the vehicle,” Haneef said.

Last week, Naseer had posted on social media that he had received “intel” that an attempt would be made to assassinate his character by planting drugs in one of his offices.

Speaking in front of a giant display of a mosque set up for his campaign on Friday, Naseer said that he did not partake in acts involving illegal drugs.

“A serving parliament member who is involved in the illegal drug business is attempting to frame me.

“He tried to ruin my reputation by sending police to my business offices in the pretence of looking for illegal substances. I do not get involved in such acts,” he claimed.

Despite Naseer’s claims, when Minivan News asked Police Spokesperson Chief Inspector Hassan Haneef on Tuesday whether police had searched his offices, Haneef denied they had.

“I will not name the MP, I do not need to name him here. He is trying to hide the relations he has with gangs and his involvement in the illegal drug business,” Naseer claimed.

“If I, Umar Naseer, get elected, MPs cannot hide behind their privileges act and run illegal activities. I will take legal action against them,” he added.

Both Umar Naseer and Abdulla Yameen are currently campaigning to win the PPM’s presidential candidate slot for the upcoming presidential elections to be held in September this year.

People say Yameen bathes in mineral water: Umar Naseer

Speaking to crowds at the artificial beach in Male’ on Friday, Naseer claimed that “unlike Yameen” he is an ordinary citizen and not related to former President Maumoon Abdul Gayoom.

In regard to Abdulla Yameen – who is also contending in the PPM presidential primary – Naseer claimed that his fellow contender plays “80 percent in defence”.

“We heard our brother MP [Ahmed] Nihan speaking at Yameen’s campaign rally. All he did was try to denounce what the public says about Yameen.

“Nihan said that although people allege Yameen has ties with gangs and gang violence it is not true. He then said that although people say Yameen even bathes with mineral water, that isn’t true either,” Naseer stated.

In response to the PPM presidential primary candidate’s claims, a spokesperson for Abdulla Yameen’s ‘Yageen’ campaign team told local media on Saturday that Naseer had made slanderous and “blatantly untruthful” statements about Yameen during the rally.

The spokesperson, PPM MP Shifaq Mufeed, said that the purpose of such statements was to damage Yameen’s credibility amongst his supporters.

Umar Naseer was not responding to calls from Minivan News at time of press.

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Nasheed’s trial hearing scheduled for April 4

Former President Mohamed Nasheed’s trial has been scheduled for April 4, 2013, local media has reported.

The former President is charged with the controversial detention of Chief Judge of Criminal Court Judge Abdulla Mohamed during the last days of his presidency.

An official from the Judiciary Media Unit told local media that a summoning chit had been sent to Nasheed, and that the next hearing will see confessions of witnesses presented by the prosecution.

The trial had been postponed by four weeks following the last hearing that took place on March 5.

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