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State prosecutors halt all criminal trials

State prosecutors at the Prosecutor General’s Office have refused to attend hearings in the absence of a Prosecutor General (PG) and a deputy PG.

The office’s leadership is currently vacant with former PG Ahmed Muizz’s resignation in November 2013 and deputy PG Hussein Shameem’s resignation yesterday. Shameem said he was unable to carry out his duties due to the Criminal Court’s “obstruction” of criminal justice.

Criminal Court Chief Judge Abdulla Mohamed told local media today the court will continue with criminal trials even in the absence of a PG or Deputy PG unless the Supreme Court indicates otherwise. Mohamed had previously halted all criminal proceedings for three weeks in January citing state failure to appoint a PG within the 30 days,

In response, PG office Spokesperson and lawyer Hussain Nashid told Minivan News state prosecutors were now in a “legal void,” and could not attend court.

“We have sent a letter to all courts where cases were scheduled, informing them we refuse to attend court, due to the legal void we are currently facing in the absence of a PG or a Deputy PG to lead us. We have not yet decided what action we will take in the future, but the general consensus is to wait till a relevant authority decides on the matter,” he said.

Shameem’s resignation and the state prosecutors’ refusal to attend court brings the criminal justice system to a halt.

Extraordinary session

Shameem has called on President Abdulla Yameen to submit a new PG nominee and the 17th People’s Majlis – currently in recess and rapidly nearing the end of its five year term – to approve a candidate immediately. The newly elected 18th People’s Majlis is to take the oath of office in late May.

Chair of the Independent Institutions Oversight Committee Ahmed Sameer has called on the current Majlis to find “a permanent solution” rather than wait on a Supreme Court ruling.

“The solution is to hold another meeting before May 28 and select a PG. I call on the relevant bodies to do so,” he told local media.

But Speaker Abdulla Shahid told Minivan News the Majlis cannot approve a new PG unless Yameen submits a new nominee. The president’s first nominee – his nephew Maumoon Hameed – narrowly failed to garner enough votes in March.

“How can the parliament sit to decide on the matter when there aren’t any submitted nominees?” he said.

President Office Spokesperson Ibrahim Muaz Ali was not responding to calls at the time of press.

Shahid also added that he is not authorized to call an extraordinary session unless the President declares a state of emergency or one-third of the MPs request an extraordinary session.

“If a minimum of 26 members sign a motion asking for a special meeting to be held to decide on a matter in the parliament agenda, then it can be done. The government coalition has over 26 parliament members, so they will be able to do this if they so wish,” he said.

Progressive Party of Maldives (PPM) MP Ahmed Nihan said the governing coalition has not held any discussion on the matter as many MPs belonging to the coalition government are out of capital city Malé.

“This matter had not risen back when the last meeting of the parliament was held. At the time, there was no indication that the Deputy PG would resign. So we haven’t really discussed the matter yet. I believe that we might be having an internal meeting relevant to the matter tonight,” he said.

Obstruction of justice

In his resignation statement yesterday, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

The Criminal Court and PG office have been at loggerheads since January, with the court agreeing to proceed with criminal cases only after two Supreme Court orders in three weeks. However, the court formulated new procedures to delay and impede the PG office’s ability to submit criminal cases, Shameem has previously said.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said yesterday.

MP Sameer contended Shameem cannot resign in the absence of a PG. It is the PG who appoints a deputy and hence the deputy cannot resign if there is no PG, he argued.

“Surely, the President cannot accept this resignation. That is something that can be done by a Prosecutor General. There is no one at the moment to accept the Deputy PG’s resignation. However, if Shameem is not getting the necessary cooperation and is unable to fulfill his duties, then he can stop serving for the time being. I do not see any other possibilities in this matter,” Sameer told Haveeru.

But lawyers have told Minivan News no person can be “forced” to remain in any particular position.

“The Deputy PG can most definitely resign. A person cannot be forced to stay in a position based on the possible outcomes of a resignation. If the PG can resign, then the Deputy PG can resign too. If the law does not define a course of action in the instance that the country is lacking a PG and a Deputy, it is the lawmakers who must come up with a solution. It cannot be reason to force someone to remain in a position against his will,” lawyer Mohamed Shafaz Wajeeh said.

Another lawyer – on condition of anonymity – echoed Wajeeh’s views, adding “in the instance that we did not have a PG, it was the Deputy who was answerable to the oversight committee in parliament. Under that same logic, he can also resign if the PG can. The law must be interpreted in such a way that it does not allow for anyone to be in any position under force.”

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Health Ministry seeks to protect mothers and infants from HIV “time bomb”

New guidelines on preventing the transfer of HIV from mother to child will come into effect from Wednesday (May 7 2014), Ministry of Health and Gender has said.

The national guideline on prevention of mother to child transmission of HIV is underpinned by a need to equip the Maldives for what the Health Protection Agency has termed an HIV “time bomb.”

Programme Coordinator for the Reproductive Health Unit Naseera Nazeed has urged all pregnant women to get tested in their first semester.

“There is very high chance of saving the baby – 90% – if they are checked,” she said.

The guidelines aim to protect women of childbearing age from HIV, advise women with HIV against pregnancy, protect HIV positive mothers from infecting their children and providing support to HIV positive mothers and their families.

The Maldives identified the first infant with HIV in 2012. In February this year, the Indhira Gandhi Memorial Hospital (IGMH) transfused a pregnant women with HIV positive blood due to a technical error. Meanwhile, local media have alleged a 19-year-old HIV patient had given birth at IGMH in early April.

Programme Manager for the National HIV AIDS programme Abdul Hameed said the spate of HIV incidents this year had raised awareness on HIV and provided a boost to healthcare efforts.

“We are sending out the public a clear message, always to be sure of their status. HIV is everywhere, you don’t have to give your name, you just have to go and get tested. The result will be in 10 minutes,” he urged.

Not prepared

Lack of prevention programmes and specialized care for population groups at risk facilitate an HIV outbreak in the Maldives, Hameed said. Sex workers, gay men and intravenous drug users are particularly at risk, he said.

“We are sitting on a time bomb. We know those key populations exist [in Maldives],” stated Hameed. “At any time it can explode.”

The Maldives does not offer prevention services for gay men or sex workers, he said.

HIV patients prefer treatment abroad due to high levels of stigma and discrimination, he said, adding: “Even in the healthcare system itself there is ingrained discriminations.”

The healthcare system is ready for an outbreak, Hameed claimed, but said there are deficiencies that could hinder response to a crisis.

“The health system is ready, but we don’t have the civil society or organization networks. We may not be prepared,” he said.

A prevention workshop—the second of its kind—is underway from Tuesday to Wednesday (May 4 to May 6) to train health professionals on the new guidelines. A total of 31 participants from regional hospitals, populous atolls, Malé, Villimalé and Hulhumalé are taking part.

The Ministry also plans to hold a series of phone conferences to all atolls to further disseminate the information.

Former Minister of Health Dr Ahmed Jamsheed Mohamed said it was only through “incredible luck” the HIV virus had not spread throughout the country.

“All the habits that may lead to the spread of HIV is excessively in practice,” he claimed referring to sexual promiscuity and intravenous drug use in the Maldives.

Since the first case of HIV was detected in the country in 1991, 19 cases of HIV have been reported among Maldivians. However, the Health Ministry estimates numbers of HIV positive persons could be between 70 and 100.

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Islamic justice or state sponsored murder?

Home Minister Umar Naseer has justified the government’s decision to implement the death penalty after a sixty-year moratorium on Islamic values, while Islamic groups have said capital punishment is a crucial aspect of the Islamic Shari’ah.

But Scholar Usthaz Abdul Mueed Hassan has called on the state to abolish the death penalty, arguing Islam is first the religion of forgiveness.

Mueed, a graduate of Qatar’s Mauhadini Sanawi and Azhar University with a permit to lecture on religious issues, contends the Islamic Shari’ah does not encourage capital punishment. The death penalty comes with several qualifications in order to discourage its implementation, he argued.

The government’s new regulations says a suspect may be executed by lethal injection if the Supreme Court upholds the death sentence and if all heirs of the victim desire qisaas – an Arabic term referring to the heirs’ right to ask for a murderer’s death.

Quoting from Sayyid Sabiq’s Fiqh Sunnah, Mueed said there are four requirements which need to be fulfilled before qisaas can be carried out.

“Firstly, it has to be seen whether the victim was pure of blood [Whether he is a blasphemer, a fornicator or an infidel]. Then whether the culprit has reached puberty. Thirdly, whether the culprit was sound of mind at the time he or she committed the murder. Qisaas cannot be implemented even if he was intoxicated at the time of murder. Lastly, it has to be proven without a doubt that the culprit committed murder out of his own free will. If not, it is the person who ordered the murder and drove the culprit to commit murder who will be subjected to execution,” he explained.

The victim and the culprit must also hold similar levels of freedom and religiosity, he said.

“In taking qisaas, it is prescribed that it must be done in the manner that the crime was committed. Like the metaphor an eye for an eye. Taken in the same exact manner. How can this be done in cases of murder? How can the life of the murderer be taken in the same manner as that of the murdered? This is prescribed so as to discourage the taking of qisaas,” he said.

Further, forgiveness precedes qisaas in Islam, he argued, quoting Verse 32 of Surah Al Maida: “Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land – it is as if he had slain mankind entirely. And whoever saves one – it is as if he had saved mankind entirely.”

Islam does not permit punishment for Hadd offenses – which include murder, theft, fornication, adultery and consumption of alcohol – to be delivered if there is any doubt in the matter, he said.

Additionally, if the executioner believes that the death sentence was wrong, he must refuse to implement it. If he carries out the execution while in doubt then he himself must face the same fate, Mueed said.

“The Prophet has also said that when seeking to implement Hadd on a person, even of the slightest reason to let it go without implementing the Hadd is detected, then do so. He then says that this is because it is far better for the person in charge – be it a judge, a president or an Imam – to err in forgiving a person than to err in sentencing a person,” he stated.

Even in Saudi Arabia – the largest 100 percent Muslim nation – the King himself intervenes in cases of murder to urge forgiveness instead of qisaas, Mueed noted.

The public voice

When I spoke to several members of the public on their views, I found those who favored the death penalty did so believing it would deter crime. In recent years, there have been spates of gang related killings, including the murder of MP Dr. Afrasheem Ali.

Waheeda Omar, a 56-year-old housewife, believed the death penalty was crucial to prevent murder.

“Let the state kill whoever is accused of murder, whether or not they have the right man. The point is, once someone is killed for the crime, other people will hesitate from committing similar crimes,” she said.

Ahmed Ubaidh, a 48-year-old taxi driver, expressed faith in the state, saying it could not go wrong in deciding on life and death.

“I don’t have an opinion on this matter. The state is the highest authority, next to the Qur’an. If both feel that death penalty must be implemented, then they must be right. Who am I to question God’s will?”

Hassan Iqbal, 32, said death must be punished with death: “They killed. Let them feel what it feels like to be at the sharp end of the blade.”

President Abdulla Yameen has also said “murder must be punished with murder.” In an interview during the 2013 presidential campaign, Yameen said he had not supported the death penalty previously, but had “a change of heart” due to “commonplace murders.”

Several members of the public, meanwhile, opposed the move, saying the Maldivian judiciary is not fit to decide on the life and death of a human being.

A 39-year-old civil servant who asked to remain anonymous, on account of “speaking about a manner that will have people accuse me of blasphemy,” stated “Islam is a religion of forgiveness. It is a corrupted version of Islam, full of political and self-interest, that promotes the idea of taking lives. In a country as small as ours, state executions will lead to more rifts, more crimes, and more hatred and unrest. I am strongly against it”.

Ali Akhtar, 28, said he “wouldn’t trust this judiciary with my property, much less my life.”

“I am not a scholar, so I will not speak in light of what the Shari’ah says. But even I know for sure that Allah would never want people to be ordered to death by a judiciary as corrupt as ours, where there is a chance that it is minority groups, and us everyday people, who are mostly unjustly sentenced to die,” he said.

Mohamed – a 25 year old who previously worked in a human rights organization – said: “Putting aside the fact that death penalty is a clear violation of Maldives’ international obligations and right to life guaranteed under the new Constitution, death penalty is clearly not a deterrent to murder. Maldives does not have the legal framework to provide the accused a fair trial.

“The judiciary is not equipped with the skill sets to examine forensic evidence put before them. Furthermore, being a small and well-connected society, the ramification of it would be huge and can have a lasting impact as the regulation puts the life of the accused in the hands of the families of victims.”

Lethal injection

The state’s decision to administer the death penalty by lethal injection has also raised controversy.

A group of medical doctors, who requested to be unnamed, said death by lethal injection is unreliable.

“There are many recorded cases where administration of lethal injection has gone wrong, leading to paralysis or worse instead of death. I would not recommend it,” one doctor stated.

“I do not think the state will, and sincerely hope they don’t, approach anyone in the medical field to administer the injection. It is strictly against our ethics; we work to save lives, not take them,” his partner added.

Dr Faisal Saeed meanwhile opined that “The specific role of health professionals in society is to heal and to alleviate suffering”.

“There is a consensus among most professional bodies that doctors and nurses involvement in executions is unethical because it contradicts the dictates of the medical profession to alleviate pain and suffering. The use of medical devices and knowledge as a method of execution distorts the life saving purpose of medicine and portrays the doctor or nurse as an executioner, which will risk to undermine public trust.”

“Execution is not the role of doctors or nurses. Although the death penalty regulations do not state who will administer the lethal injection, the state cannot ask doctors or nurses to be in a position to violate their professional ethics and values,” he concluded.

Except for the location of execution, the state has not revealed details of the procedures for administration of the lethal injection so far.

The last Maldivian to be executed by the state was Hakim Didi, who was killed by a firing squad for the crime of practising black magic in 1952.

A backward leap

Local NGOs, advocacy groups and members of the public have started to raise concern about what they term to be “a backward leap” for the Maldives.

“Given the state of the Maldivian judiciary, which is also perceived to be highly politicised and corrupt, it is most concerning that as grave a matter as life and death of humans is to be decided by it,” a recent statement by the Maldivian Democracy Network, and supported by Dhi Youth Movement and Transparency Maldives said.

Islamic blogger Aisha Hussein Rasheed has also said the death penalty can be used to silence political dissent.

“The issue is that of corruption in the justice system: police, judiciary, lawyers, etc. Look at the death sentences given recently in Egypt for example. Capital punishment can easily be used to silence political dissent or to subdue personal or business rivals,” she said.

An advocacy group – calling themselves “When The State Kills”- have launched an Aavaaz petition urging public support to convince the state to abolish the death penalty.

“The implementation of the death penalty is especially troubling given the state of the country’s criminal justice system. Even in countries with long established justice systems, innocent people have been wrongly convicted and executed,” administrators of the group told Minivan News.

“It is a well known fact that judges in the Maldives use their own discretion when handing out verdicts, without following any particular procedure or even due process. We have seen innocent people being convicted in the past, so it is likely to happen in the future. The death penalty is an irreversible punishment. It would be an inhumane error,” they said.

Over 69 percent of Maldivians believe the judiciary is among the most corrupt institution in the country, Transparency International’s global corruption barometer of 2013 has revealed. Numerous international actors, including the UN Special Rapporteur on the Independence of Judges Gabriela Knaul have released statements of concern about the judiciary’s lack of independence and failure to serve justice.

In addition to the perceived incompetency of the judiciary, the Maldives lacks legislation for witness protection, evidence or criminal procedures.

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Maldives journalism awards celebrates free press

The first Maldives Journalism Awards took place in Dharubaaruge, Malé last night (May 3). The ceremony presented “Journalist of the Year” awards to journalists working in print and radio in the Maldives.

Fazeena Ahmed, 26, of Haveeru won in the online print category, and Ahmed Naushad, Voice of Maldives, won in the radio journalism category.

Haveeru journalist Ahmed Hamdhoon censured President Abdulla Yameen’s failure to attend the ceremony, saying: “[We] feel we, journalists are not important to the government.”

The event, organized by the Maldives Media Council, selected winners based on discipline, richness of content, adherence to proper journalistic practices, quality of presentation and inclusion of photos and videos.

Winners of the Maldives Journalism Award were selected by an independent panel of judges consisting of Maldives Broadcasting Commission Chairman Ibrahim Umar Manik, former Minister of State for Information Thoyyib Mohamed, former Aafathis editors Abdulla Naeem Ibrahim, Mohamed Nazeef and Ahmed Zahir

There was an additional TV journalism category for which seven journalists applied. However, the judges said that none were selected due to lack of material.

Winner of the online journalism category Fazeena has been working at Haveeru for the past five years, and won recognition for her profile of former President Mohamed Nasheed during the presidential election of 2013, and her coverage of the Villingili children’s orphanage.

“I am very happy. Not just because I won the award, but because the Media Council has introduced such an award for the first time. This is a very important step and an encouragement for new journalists,” Fazeena told Minivan News.

She went on to identify access to information as the biggest obstacle to media freedom, and said that she had received threats because of her work.

No government officials present

In an op-ed today, Haveeru journalist Ahmed Hamdhoon expressed disappointment over President Abdulla Yameen and his ministers’ failure to attend the ceremony.

“All those working in the media are deeply saddened by President Yameen’s refusal to attend a landmark ceremony held by an independent state institution’s to recognize and encourage journalists,” wrote Hamdhoon.

Hamdhoon also criticized President Abdulla Yameen’s failure to make a statement on the World Press Freedom Day (May 3).

President’s Office Spokesperson Ibrahim Muaz Ali has said Yameen was unable to attend the ceremony because the invitation –which was delivered a week ahead of the event – came “at the last minute.”

In a statement, Muaz said the government will treat all journalists equally, and pledged to do all possible to protect media in the Maldives. He went to say that the government will enact the Right to Information Act within the period specified in the act.

The government welcomes responsible journalism, and will stop any journalism outside of acceptable borders, or attempts to create chaos or defame individuals, he added.

He recognized threats media has faced over the past two years, including the vandalism at Villa TV, the Raajje TV arson attack, and the murder attempt on Raajje TV reporter Ibrahim ‘Asward’ Waheed.

Speaking at the event last night, MMC member Mohamed Abdulla Shafeeq identified threats to journalists as a growing problem.

“Threats from public to media outlets are increasing. There have been no efforts to stop this. This is something that all journalists agree,” he said.

A landmark “Threat Analysis Report” carried out by the Maldives Broadcasting Commission last week found that 84 percent of journalists surveyed reported being threatened at least once, while five percent reported being threatened on a daily basis.

Journalists identified political parties to be the top source of threat. Gangs, religious extremists and parliament placed second while the government were rated third.

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Judicial administration brought under direct control of Supreme Court

The Department of Judicial Administration (DJA) will function in accordance with policies set by the Supreme Court bench and under the direct supervision of a designated justice, according to new rules (Dhivehi) promulgated by the apex court.

The rules made public last week states that the Supreme Court bench shall assign a justice to ensure that the DJA – tasked with management of the courts, public relations and providing facilities, training, archiving systems and security for judges – was implementing policies determined by the court.

The justice will be assigned for a one-year period with the responsibility of supervising the functioning of the department and “providing instructions and guidelines from the Supreme Court bench.”

The designated justice will also report to the bench on the operations of the DJA.

The Supreme Court stated that the rules were formulated under authority granted by articles 141 and 156 of the constitution.

While article 141(b) states that the Supreme Court “shall be the highest authority for the administration of justice in the Maldives,” article 156 states, “The courts have the inherent power to protect and regulate their own process, in accordance with law and the interests of justice.”

“Systematic takeover”

The DJA was formed by the Judicial Service Commission (JSC) on October 1, 2008 to replace the Ministry of Justice following the adoption of the new constitution in August 2008.

While the DJA was to function under the JSC, on December 2, 2008, the Supreme Court brought the department under its remit with a ruling to that effect.

With the enactment of the Judicature Act in 2010, the DJA was reestablished with a mandate for court management, public relations, training of judges, providing for structures, facilities and archiving systems, and providing security for judges.

Although the department was to function under the Judicial Council created by the new law, the Supreme Court abolished the council in a ruling that struck down the relevant articles in the Judicature Act.

The DJA has since been functioning under the direct supervision of the apex court.

Speaking to Minivan News today, former JSC member and outspoken whistleblower, Aishath Velezinee, stressed that the administration of justice and the administration of the courts were “two different though interconnected issues.”

“The Supreme Court is misconstruing article 156 of the constitution and the appointment of a Supreme Court judge is tantamount to control of the courts,” she contended.

“This goes against the constitutional concept of independence of courts whereby each court is an independent institution, separate from the influence of other courts, including the Supreme Court. And, the own decisions of 2008 and 2011 the Supreme Court refers to are a systematic takeover of the DJA which should stand as an independent institution solely facilitating administration of the courts.”

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that as a consequence of the Supreme Court’s ruling abolishing the Judicial Council, “the only platform for internal communication within the judiciary where difficulties, challenges, experiences and opinions could be exchanged, disappeared.”

“Many interlocutors reported that the dissolution of the Judicial Council and the direct control of the Supreme Court over the Department of Judicial Administration have had the effect of centralising administrative decisions in the hands of the Supreme Court,” the special rapporteur stated.

“This has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes.”

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Police officers participate in regional anti-terrorism seminar

Two officers from the Maldives Police Service have attended the Seminar on Anti-Terrorism For Asian Countries held in China from April 9 to 29.

The seminar was designed to hold discussions on the status of anti-terrorism efforts in Asian countries, and to explore additional means of dealing with terrorism crimes.

The two officers who attended the seminar are Chief Inspector of Police Ahmed Shameem and Inspector of Police Nahid Hussain.

The seminar was organised by the Chinese government and included participants from SAARC countries, ASEAN countries and outher South East Asian countries.

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President to visit Naifaru Island

The President’s Office has stated that President Abdulla Yameen will be traveling to the island of Naifaru in Lhaviyani Atoll on Sunday afternoon. First Lady Fathimath Ibrahim will be accompanying the President on the trip.

President’s Office Spokesperson Ibrahim Muaz Ali stated that the President is visiting the island on invitation of its people. He added that the trip is organized in way of offering thanks to the people of Naifaru for the support extended to the President during the 2013 presidential elections.

He is scheduled to participate in an event hosted by the people of Naifaru on Sunday night before travelling back to capital city Male’ on Monday.

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Housing Ministry authorised to withdraw land owned by Malé City Council: Civil Court

The Housing Ministry has the authority withdraw lands under the Malé City Council if the cabinet decides such lands are required for social, economic and national security purposes, the Civil Court has ruled on Wednesday.

The ruling came in response to a request temporary injunction by the owners of Lemongrass restaurants after police forcibly halted construction of a new restaurant in Malé’s carnival area last week.

The plot had been leased to Lemon Grass restaurants by Malé City Council.

But the Housing Ministry decided to take the plot back and ordered the police to halt ongoing work. Owners of Lemongrass restaurants told local media over 80 percent of construction had been completed.

The Civil Court ruled that when lands leased to people under third party agreements are withdrawn the government would have to pay compensation to the tenant.

On March 27, following a cabinet decision, the Ministry of Housing and Infrastructure decided to take over all major lands in Malé City from the city council.

The Housing Ministry and Malé City Council have clashed periodically over the ownership of land in Malé.

Minister of Housing and Infrastructure Dr Mohamed Muiz told newspaper Haveeru at the time that the lands that will be taken from the council including the artificial beach, carnival area, south harbour area, lands near the T-Jetty, Usfasgandu area on the southeast, and Dharubaaruge multipurpose hall.

Muiz said all of the plots were to be developed under a master plan formulated by the ministry, and that there were no problems between the council and the ministry.

“We are taking almost all large plots [in Malé]. We will very soon inform the council in writing that those have been taken [from the council]. We will work with the council. I don’t think this will create any problems,” Muiz said.

‘’The government has the authority to take such lands to utilise them for social and economic purposes.”

Muiz further said that all arrangements of transfer, including the issue of any existing contracts with a private party, will be dealt according to the laws and regulations.

Director of Lemongrass Ahmed Atheef Hussain told Sun Online that the Ministry of Housing and Infrastructure had claimed that the restaurant was being constructed in violation of regulations, and requested police to halt the work.

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