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EC dismissals: “Falsified” accounts by international community undermining judiciary, says Chief Justice

Chief Justice Ahmed Faiz has accused the international community of fabricating lies regarding the Supreme Court’s verdict against the Elections Commission (EC).

In doing so, “they have engaged in a battle against the constitution with an independent nation”, said Faiz.

The Chief Justice released a statement strongly condemning statements released by the US State Department and the Canadian Ministry of Foreign Affairs on Tuesday.

These voices of disapproval were joined today by Australia, which has similarly expressed concern over recent developments, noting its “firm expectation” that scheduled elections will go ahead “in a manner that is free, fair, credible and peaceful”.

In his response to such comments, Faiz claimed that neither international countries nor organisations have the authority to criticise and spread falsifications regarding any verdict of the Supreme Court.

Claims by the international community that the apex court is unduly influencing the work of the EC and undermining their independence is against the truth, argued the chief justice.

“I would like to say that these statements regarding a Supreme Court verdict in an internal legal case of the Maldives are inclusive of falsified claims, and undermine the respect and authority of the Maldivian judiciary,” said Faiz.

“They are thus an irresponsible act by the international community, one conducted without observing the events occurring in the Maldives or getting clarifications of the matter from local authorities. I thereby strongly condemn these statements,” the statement read.

“The Maldives is a free and independent state. It is a sovereign state which rules over itself. The releasing of falsified accounts and statements of the Maldives’ Supreme Court’s actions to fulfill its legal obligations is neither an assistance towards consolidating democracy in the Maldives nor towards maintaining rule of law or strengthening of the justice system.”

Faiz emphasized that he would continue to fulfill his legal obligations concerning the mandates of the courts, and that he would do so without any hesitation towards or consideration of international opinion.

Challenging the Supreme Court

Faiz also condemned local groups’ criticism of the verdict. The Maldivian Democratic Party and the Majlis secretariat have both deemed the ruling unconstitutional.

Faiz stated that the most important duty of the apex court is to establish justice, rule of law and to maintain the empowerment of law, and the constitution requires that the Supreme Court has the final say in the interpretation of laws.

He further noted that it was the constitutional responsibility of all state authorities to maintain the respect and positive reputation of the courts.

“While this is so, when the few persons in charge of running the matters of the state repeatedly challenged the verdicts of the Supreme Court and undermined the respect towards the courts, it was an act that certainly eroded people’s trust in one branch of the state and an act that paved the way to the obliteration of the foundation of the Supreme Court,” Faiz continued.

“There is no doubt that the failure to take action against such acts – despite them becoming alarmingly common – negatively affects the Constitution of the Maldives and casts a shadow over the courts of law.”

“It is an incontestable reality that it is a danger to our constitution when there are matters in the judiciary which need to be reformed through the joint efforts of all state authorities, and instead of constructive work to achieve this, the courts are challenged and the judiciary is attacked.”

Faiz concluded the statement asserting that he will continue to work according to his mandate regardless of the criticism that comes his way, and without any hesitation despite any criticisms or obstacles that may be put forth by international organisations and foreign countries.

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Customs increase security to tackle trade in dangerous animals

The Maldives Customs Service have confirmed they are increasing security measures to tackle the increase in dangerous animals being illegally imported into the country.

Senior Superintendant of Customs Ahmed Niyaz confirmed that from this week onwards the team are stepping up their security procedures in an effort to crack down on the illicit trade of animals.

“We have instructed cargo checks and consider giving more attention to these, and will report any findings,” said Niyaz, adding that customs were working closely with the police to carry out more thorough security checks.

In addition, Niyaz today stated that there hadn’t been any snakes intercepted in customs, but that there were many snakes being found in raids conducted by police.

The move follows the discovery of a 4ft long snake that was found on the streets of of Male this Tuesday (March 11). Local media Haveeru reported that the live snake was found on Galolhu Ruhkendiya Higun at 7:40pm.

Earlier this month police also discovered a royal python – a nonvenomous snake commonly kept as a pet – following a drugs raid in Himmafushi, Kaafu atoll, on March 4.

In a separate raid on March 7 police also confiscated a Kingsnake and a Mexican red-kneed trarantula from a house in Malé.

Local media Sun Online reported that customs suspected eggs of animals such as snakes were being brought in through seaports, as security is less in ports not regulated by customs.

“We have good procedures, but as there is an increase in these discoveries, more steps need to be taken,” Niyaz told Minivan News today.

According to the Maldives ports security laws, it is illegal to bring in “dangerous animals” without the appropriate permits.  Niyaz clarified that the majority of animals that are brought in are “not illegal, but require a permit”.

Any dangerous animals that are confiscated are handed over to the police, he said, adding that “if an animal is protected under convention they will inform the Ministry of Environment. They will then check with international bodies.”

In the majority of cases the dangerous animals will then be sent to other countries, due to insufficient space or expertise in Malé, he explained.

Niyaz confirmed that the recently confiscated slow loris – a highly endangered animal – has received significant interest from international partners wanting to take on the animal.

The slow loris was discovered by police in a drugs raid in Malé in Januray 21.  The species’ decline in numbers has been closely attributed to their unsustainable trade as exotic pets. During the raid police arrested eight Maldivians with illegal narcotics and more than MVR140,000 (US$9,000) and US$11,000 in cash from the residence.

The issue of trading dangerous animals was focused upon during World Wild Life Day on March 3, during which United Nations Secretary-General Ban Ki-Moon gave a statement about the dangers of the trade.

“The environmental, economic and social consequences of wildlife crime are profound. Our particular concern are the implications of illicit trafficking for peace and security in a number of countries where organized crime, insurgency and terrorism are often closely linked.”

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Police arrest five for drug possession

Police arrested five young people yesterday (Monday 10) for possession of illicit narcotics.

The Maldives Police Service reported that they were a “22 year old, a 21 year old, an 18 year old and two 17 year olds, all locals”.

The Police Life website stated that they were taken in at 3:36pm on March 10 based on information which stated that these individuals were “involved in the trafficking and trade of illicit narcotics within the country”.

A search of their house revealed 80 cellophane packets of suspicious substances. The Drug Enforcement Department is investigating the matter further.

Police have made conducted a number of raids in recent weeks, with Home Minister Umar Naseer having vowed that the main target of his ministry for the next five years would be curbing drug-related crimes.

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Bandidhoo harbour construction resumes after five years

The Bandidhoo harbour project officially recommenced yesterday (March 10) after a five year pause in construction.

Minister of Housing and Infrastructure Dr Mohamed Muizzu and Meedhoo MP Ahmed Siyam Mohamed were at the ceremony to inaugurate the project, Sun Online reported.

The project was initially started by President Maumoon Abdul Gayoom’s government in 2008, and stopped during that year’s change in government.

Sun Online reported that Housing Minister Dr Muizzu said the present government would fulfil its pledges and produce results, as it has proved over the past few months.

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EC dismissals: Fuwad and Fayaz remain EC members, says Majlis committee

The parliament’s independent institutions oversight committee yesterday declared that the Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz still remain in their posts despite the Supreme Court’s verdict to the contrary.

Yesterday (March 10), parliament also sent a letter to Chief Justice Ahmed Faiz Hussain and Attorney General Mohamed Anil stating that the dismissals were contrary to the constitutional procedures governing their appointment and dismissal, as well as the Elections Commission Act.

The letter stated that the contents were based on the legal advice of parliament’s Counsel General Fathimath Filza after her analysis of the Supreme Court’s verdict.

Senior leaders within the ruling Progressive Party of Maldives (PPM) have today criticised the letter, noting it did not represent a parliamentary decision and also that such statements were beyond the Majlis’ remit.

EC President Thowfeek, Vice President Fayaz and the remaining members – Ali Mohamed Manik and Mohamed Farooq – were also been summoned to attend a committee meeting at 1:30pm today (March 11).

The EC members have been summoned for the purpose of discussing how procedural matters were carried out during the case proceedings, as well as to discuss ‘suo moto’ proceedings as applied through the constitution.

The committee held discussions with the EC members as well as Thowfeek and Fayaz at a closed-door session today.

In addition to the members of the EC, the committee also decided to summon members of the Judicial Services Commission at 2pm today to debate ‘suo moto’ and the means of taking action against the Supreme Court.

Deputy Chair of the committee, MDP MP Rozaina Adam – who chaired Monday’s meeting – alleged that while the Supreme Court has the constitutional mandate of having final say in matters of justice, what is currently being observed is a tendency to abuse those powers.

MDP MP Imthiyaz Fahmy stated that “it is an obligation to criticise a court on which’s bench sits ‘naked’ judges” – referring to the leaked sex video of Supreme Court judge Ali Hameed. He added that there is no law which outlaws the criticism of courts outside of court hearings.

“What we are seeing today is judicial shamelessness,” Fahmy said, asserting that the Supreme Court’s verdict against the EC was unconstitutional.

“It’s a parliamentary statement, not a decision”: PPM PG Leader

PPM Parliamentary Group Leader Moosa Zameer has responded to the letter sent yesterday, stating he did not believe it was a parliamentary decision.

“I don’t believe it is a decision. On the other hand, the parliament can release a statement or send a letter to someone based on the advice of the Counsel General. However, that is not a parliamentary decision,” said Zameer.

“We don’t accept that the letter signed by the speaker and his deputy is a parliamentary decision. Parliamentary decisions are ones which are taken on the parliament floor,” Zameer is quoted as saying to local media.

He added that it was obligatory for all to obey the orders of the Supreme Court, and that the PPM’s stand echoed this principle.

When contacted by Minivan News for further comment, neither Zameer’s nor PPM MP Ahmed Nihan were responding to calls at the time of press.

President Abdulla Yameen has also criticised the letter, claiming that it is outside the parliament’s mandate to release such a statement.

Speaking at the launching of PPM’s Villimalé parliamentary candidate Ahmed Nihan’s campaign, Yameen stated that it was the norm in a modern civilisation to obey the rulings of the Supreme Court.

He reiterated that the government would follow the orders of the Supreme Court and that it would proceed to elect new members to the EC.

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EC dismissals: President pledges to abide by court ruling, criticises MDP boycott talk

President Abdulla Yameen has said the government will ensure that rule of law prevails, and that executive will respect and abide by Supreme Court rulings.

“God willing, my government will definitely uphold the rule of law. All entities of my government will abide by the Supreme Court ruling,” Yameen said last night.

Speaking at the campaign launching ceremony of ruling Progressive Party of Maldives’ (PPM) VilliMalé constituency candidate Ahmed Nihan, Yameen stated that it was not acceptable practice in “civilised societies” for other institutions to criticise decisions made by the Supreme Court.

However, when Nihan himself was asked about the courts decision on Sunday evening, the MP expressed his reluctance to make any comment.

“I would have to really think twice before I go ahead and say anything about the Supreme Court,” he said. “The Supreme Court may think that it’s a contempt of law if I said anything.”

Announcing that the President’s Office had called for applications to the vacant posts in the Elections Commission (EC), Yameen reiterated the government’s stand that it would complete all necessary preparations to hold the Majlis elections on March 22 as stipulated by the apex court’s ruling.

“We are working to ensure that we have some names by 3pm on Thursday. God willing, we will complete the work tasked to us by the Supreme Court within the six days they have assigned to us,” he continued.

Yameen stated that his government would not question verdicts released by the Supreme Court and that his administration had complete respect for the judges on the bench.

However, the president did admit that judicial reform must be discussed, adding that “this includes the issue of delays in case completion. Even MDP [opposition Maldivian Democratic Party] members will accept that there are some cases that have been halted midway.”

“Even President Nasheed himself will believe that there are certain cases which do not proceed at all in our judiciary,” said Yameen.

“You can’t achieve results by playing the game off the field”: Yameen

President Yameen further stated that he finds the tendency of first world countries to “interfere” in internal matters of small countries in a manner that contradicts “the lessons in governance that they continue to deliver” to be highly concerning.

“I have even previously stated when I was working in the presidential campaign that in our administration, we will maintain the independence and sovereignty of deciding on our internal affairs in Maldivian hands. God willing, our government will achieve that,” he stated.

Referring to the opposition party’s consideration of boycotting the upcoming parliamentary elections, Yameen argued that “you can’t achieve results by playing the game off the field”.

He called on the MDP members to participate in the elections and join the parliament if they wanted to bring reforms, especially to the judiciary.

“I want to say to all MDP members that the Maldives is a country belonging to every one of us. This is not particularly Adhaalath Party’s Maldives. Nor is it specifically PPM’s Maldives. Nor is it Jumhooree Party’s Maldives. And especially, this is not just the MDP’s Maldives. This country belongs to all of us,” Yameen stated.

He stated that the MDP should not resort to boycotting the elections, and must come out and vote. He added that it is crucial in a modern society to demonstrate via parliament how one should act when power begins from the people.

“Depriving membership for themselves from an institution elected for a five year term – depriving their members from their right to have their feelings expressed – this is not a manner in which a political party would act in a modern environment,” the president said.

Meanwhile, the MDP held a meeting of its National Council yesterday night with the intention of deciding whether or not to boycott the approaching polls.

While the meeting was closed to media, some local news outlets were able to report proceedings.

According to local media, two proposals were made at the meeting – former President Nasheed proposed boycotting the upcoming elections and protest the Supreme Court’s decision, while another unnamed member is said to have proposed that the party protest but that it still participate in the election.

The meeting was brought to a halt by Chairperson ‘Reeko’ Moosa Manik citing differences of opinion, with a follow up meeting to be scheduled in the near future.

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MWSC contracted to establish water and sewerage systems in three islands

The Ministry of Environment has on Monday contracted the state enterprise Maldives Water and Sewerage Company (MWSC) to build water and sewerage systems in three islands –  Mulah and Dhiggaru in Meemu Atoll and Maamigili in Alif Dhaalu Atoll.

The Environment Ministry stated that the main objective behind contracting the work to MWSC was to bring down the expenses that the state will need to spend on the projects, stating that the move saved 20 percent of the total cost.

The ministry further stated that physical work on the projects is expected to begin within a week from today.

MWSC stated that they have planned to complete the work in a period of 18 months. They further revealed that a total of MVR140 million (US$9 million) is estimated to be spent on the project.

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Criminal Court orders police to present Zaki and Siyam to hearing

The Criminal Court has released an order on Sunday asking the police to keep government coalition partner Maldivian Development Alliance leader and owner of Sun Travels Ahmed Siyam and Nasheed administration’s Special Envoy Ibrahim Hussain Zaki in police custody and to present them to court hearings.

The order was released as the court has been unable to deliver the summons for the hearings to the two individuals.

Siyam is being summoned to court regarding a case where customs discovered he had tried to bring in a bottle of alcohol in his luggage to the Maldives in March 2012.

Zaki is being tried for a case against him for possessing drugs and alcohol during a police raid of the island of Hondaidhoo in November 2012 where he and a number of others, including MDP parliament members Abdulla Jabir and Hamid Abdul Ghafoor were arrested.

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Economic Council to decide on how to proceed with TATA flats

Minister of Housing and Infrastructure Dr Mohamed Muizzu has stated on Monday that a decision on how to proceed with the flats constructed by Indian construction Company TATA can be made only after the Economic Council deliberates and decides on the matter.

The minister stated that it had been noticed that no physical work had been constructed at the site of the flats since the structure had been built. He said that the government has already held discussions with the subcontractor after work was halted.

“At the time, the concerns they raised had to do with agreements and amendments made to agreements before we started leading the ministry during the Waheed administration,” Muizzu is quoted as saying in local media.

“As the matters were raised outside the agreed contract, and the whole concept is a developer finance concept project, we were unable to accommodate their requests and we left it at that then.”

According to Muizzu, the current delays are due to the government’s refusal to conduct any work outside of the agreement.

“It is when the Economic Council decides on the manner that we will know how to proceed. We have even been deliberating with the Indian High Commission about the matter of work on these flats being halted,” he stated.

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