Gasim accepts loss of JSC seat after lawyers question conflict of interest

Jumhoree Party Presidential Candidate and MP Gasim Ibrahim has submitted a letter to Parliament accepting the loss of his seat on the Judicial Services Commission (JSC), after a number of practising lawyers questioned the legality of him remaining on the commission.

Citing Article 10 (a.iv) of the JSC Act, which states that a member of the commission will automatically lose his seat in the instance that they “file to contest in an election for any political position under the constitution of the Maldives”, the lawyers claimed that Gasim could not remain in the judicial watchdog as he is contesting in the upcoming September 7 presidential elections.

Stating that Parliament should now declare Gasim’s seat on the JSC to be vacant, lawyer Ali Hussain told local media, “it is the parliament that needs to do so, as according to law, the institution that appoints a person to the commission that can remove him from the post. Gasim’s argument in his defence may be that even currently he is in an elected position. However, this time he is not contesting as an MP. The problem may not have risen if he was contesting as an MP, but it persists since he is running for presidency.”

At a press conference held Thursday (July 25), Gasim stated that he had attended a commission meeting on Monday (July 22) after having filed for presidential election candidacy, adding that he had done so only because the JSC had not yet come to a decision on the matter of him contesting in the elections.

Although Gasim has accepted the loss of his seat on Thursday after the issue was raised by lawyers, at a press conference held on July 14 – prior to filing his candidacy at the Elections Commission – Gasim stated that his seat at the JSC cannot be questioned even though he is contesting in the elections and that he would not resign from the post.

Speaker’s duty to inform Gasim: Independent MP Nasheed

Parliament’s Independent Institutions Oversight Committee Chair, independent MP Mohamed Nasheed, has also confirmed that Gasim cannot continue sitting in the JSC.

At a committee meeting held on Thursday, Nasheed stated that informing Gasim of the loss of his seat is the duty of Speaker of Parliament Abdulla Shahid, and not of the committee itself.

All attending members at the meeting unanimously agreed that the presidential candidate will lose his seat in the judicial watchdog as per Article 10 (a iv) of the JSC Act.

Parliament Speaker Abdulla Shahid and MP Mohamed Nasheed were not responding to calls at the time of press. Gasim Ibrahim’s phone was switched off.

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Thousands of voters failing to re-register to vote in Male before August 7 deadline, warns Elections Commission

Only 11,000 out of an estimated 65,000 Maldivians have registered to vote outside of their permanent residence for the September 7 presidential election, with many unregistered voters confident they will not encounter problems voting on election day.

Despite this confidence, many of these same voters have also cited confusion or a lack of awareness about registration and voting regulations.

While public response to the voter re-registration process has been poor, Maldivians can only re-register until August 7, after which time the window of opportunity will end, Elections Commission (EC) President Fuwad Thowfeek told local media.

“We urge everyone to pay special heed to the re-registration. Once the deadline ends, we won’t allow any more chances because we need to verify the forms as well,” Thowfeek explained.

The EC has received some registration forms from political parties that are taking part in the process, which Thowfeek hopes many people are using to re-register to vote prior to the deadline.

The 54,000 person voter registration shortfall has prompted the EC to establish a voter registration desk in the Raalhugandu area – Male’s surf point, adjacent to the Tsunami Monument in Henviru ward – openly nightly from 9:30pm to 11:00pm.

To try and understand what is preventing so many Maldivians from registering to vote, Minivan News spoke to a cross-section of youth – individuals between 18 and 35 years-old – and asked: 1) Whether they plan to vote in the September’s presidential election; 2) Where they plan to cast their vote; 3) If they have registered to vote in that location; 4) If they have checked the voter registration list previously published in the Government Gazette, or with the EC.

An overwhelming majority of those questioned expressed passionate excitement about the upcoming elections and said they plan to vote, and enthusiastically voiced support for a particular political party. However, many of the same individuals were unaware – and even unconcerned – about the voter re-registration process.

“Yeah, I’m gonna vote here in Male’. I think I’m registered, cause a guy from the [island] council talked about it and he took a photocopy of my ID card,” said a 20 year-old, originally from Haa Alif Atoll now living in Male’.

“I didn’t check the [voter registration] list. What does it contain – the list of people who can vote this year?” he asked.

Maldivians originally from the atolls now living in Male’ have also said they find the voter registration process for the Male’ Dhaftharu – a special registry for people who are Male’ residents, but are from other islands – to be “too complicated” or “time consuming”.

“‘Ehburun’ – I support the [Maldivian Democratic Party] (MDP)!” exclaimed a 25 year-old safari boat worker from Shaviyani Atoll, who lives in Male’ with his wife and young children.

He said he plans to vote but has had “no time” to research the voter registration process or check the voter registration list and juggle family and work responsibilities. His wife is also politically passionate, and believes they will have no issues voting on election day, but has not checked the voter registry.

Numerous individuals do not think they need to re-register to vote, especially if they voted in a recent election or if they plan to vote on their home island.

“I will be registered on my island. I’ll be able to walk into the polling station on my island and vote, no problem. I have not checked [the status of] my registration, because there’s no need,” said a 22 year-old who is working and studying in Male’.

This sentiment was reflected almost verbatim by a 21 year-old from Meemu Atoll who works in a private business office in Male’: “I don’t know if I’m registered, but there’s no need. I’ll go to my island on election day and be able to vote no problem.”

Those who plan to travel back to their home islands to vote are completely confident political parties will provide boat transport on election day, and that weather causing rough seas will not be a problem.

Those who plan to travel to their islands – from atolls in the far north to the far south of the Maldives – are indiscriminate about which political party boat they will take, even if it means they will be accepting transport from a party they will not be voting for.

University students studying in Male’ have also told Minivan News that because “transportation is difficult” they are currently looking for scheduled trips to their home islands, but will ultimately have to seek out political party boats traveling from Male’ to the islands on election day. The transport provided by political parties tends to be more “luxurious” than regular ferries, some said.

These college students feel because they are studying full time, and many simultaneously work full time jobs, the EC registration process is too complicated and not flexible enough to accommodate their schedules.

Additionally, they “do not trust political parties enough to register through them”.

Meanwhile, many resort workers are still unsure of the location they will be voting and therefore have not registered to vote.

“I’m not sure if there will be a ballot box on the resort. We have not been informed by the resort management,” said a water sports instructor working on a resort near Male’.

He explained that the Maldivian staff also have not been informed if the resort will provide time off or transportation to another island to vote – and they were not notified during the 2008 presidential election either.

“I want to vote, but even if I knew where I should be voting, I only get one day off, so I cannot come to Male’ to register,” the water-sports instructor added. “There needs to be an online registration system.”

Another resort worker noted that he recalls a voter registration SMS reminder  “bouncing around a while back”, but is still unclear on whether he even needs to register to be eligible to vote.

The EC earlier revealed that only 56 of the country’s 100 resort islands had agreed to allow ballot boxes for staff to vote.

“As an alternative, we’ll place boxes in the islands closest inhabited island and they’ll send their employees [to vote],” Thowfeek said at the time. “Resorts cannot stop their staff from going [to vote] because we have an understanding, an arrangement with them. If they try to stop [their employees from voting] we will take the necessary actions [against them].”

Traveling abroad for work during election has also created problems for some Maldivians.

“If we travel we will miss the election. There should be an early voting system,” said a 25 year-old working in Male’.

Even individuals actively involved in campaigning for a particular political party and assisting with the voter registration process for their constituency are not entirely clear about the re-registration process.

“I’m not sure when the deadline is,” said a 23 year-old campaign volunteer who works in Male’.

“I’m definitely voting for MDP,” declared one 22 year-old in Male’, however though he said he has been very active organising various events – political and non-political – in his neighborhood, he did not think he needed to register to vote.

Voter apathy

While the lack of voter registration awareness has not deterred many Maldivian youth from confidently believing they will be able to vote on September 7 without issue, there are some individuals who feel so politically disenfranchised they are choosing not to vote.

“It won’t matter whether I vote, nothing changes for us, we are mistreated by police under every government administration,” said a 22 year-old working in Male’. “Only politicians and their friends have rights, no one else does.”

“I don’t feel like voting since no one will be willing to do anything good for the citizens. When it comes to voting, they’ll tell us it’s our right. But when we go to get our rights, there’s no rights for us,” said a 23 year-old Maldivian studying abroad in Sri Lanka.

“For instance, what about the parents of the murdered guys? Where do they go to get justice for their murdered sons?” he asked.

“You see there’s no candidate that I would like to vote for. I hate each and every one. Everyone [running for president] is out for their own good, no one is going to help the country develop. Neither is any citizen going to get benefits,” he added.

Some Maldivians are planning to vote if the elections continue on to a second round, but say they do not think it is necessary to vote in the first round.

“MDP has so many supporters they don’t need my vote. Ehburun! But if they don’t win in the first round, then I’ll vote in the second,” said a 25 year-old Male’ resident.

EC Hotline Help

The EC has stressed that they wish to hear any and all issues, concerns, or complaints voters may have in regard to the upcoming elections.

“We are here to listen and check into any problems,” said Thowfeek. “Anyone can call the EC regarding any problem, we currently have 12 lines and will increase the number of reception lines as demand increases.”

Currently. the EC hotline is staffed 8:00am to 8:00pm, however as elections day approaches the line hours will be extended, Thowfeek explained.

Maldivians can call or SMS to determine where they are registered to vote, which political party they are registered with, to report any problem or difficulties, and to seek any information.

The Elections Commission hotline is 1414.

The SMS codes for enquiries are as follows:

SMS PPR(space)(ID#) – current political party registration
SMS Voterinformationsystem(space)(ID#) – respective polling place location based on voter registration

Additionally, voter registration, including political party affiliation, can be verified in the Maldives’ government gazette.

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Elections Commission to draw lots to determine candidate order on ballot paper

The Elections Commission (EC) has confirmed lots will be drawn next Sunday (July 28) to determine the order presidential candidates’ names will appear on voter ballots, unless a case questioning a candidates’ legitimacy is filed with the Supreme Court, reports local media.

The deadline for presidential-hopefuls to file their candidacy was 2:00pm yesterday (July 24) EC President Fuwad Thowfeek told local media.

There is a five day window, beginning the day a candidate registers with the EC, that cases regarding the legitimacy of a presidential candidate can be filed with the Supreme Court, according to local media.

The five day period has passed for cases to be filed against Maldivian Democratic Party (MDP) former president and current presidential candidate Mohamed Nasheed as well as President Mohamed Waheed, who is contesting as an independent, according to Sun Online.

However, cases can still be submitted to the Supreme Court against Progressive Party of the Maldives (PPM) MP and presidential candidate Abdulla Yameen, as well as resort tycoon and Leader of the Jumhoree Party (JP) Gasim Ibrahim, as they filed their candidacies with the EC Monday (July 22).

Assuming no cases are filed with the Supreme Court, lots will be drawn Sunday to determine the order presidential candidates’ names will appear on voter ballots, said Thowfeek.

In the event a case is filed against a presidential candidate, the Supreme Court must issue a verdict within seven days, according to CNM.

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“Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice

Progressive Party of the Maldives (PPM) Presidential Candidate Abdulla Yameen has called for the death penalty to be put into practice in the Maldives, a day after vowing to reform the judiciary.

The MP, half brother of former autocratic ruler Maumoon Abdul Gayoom, made the comments while speaking on the program Voice of Maldives on Monday night (July 22).

Yameen explained that although he was not previously an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from murders that have become too commonplace, according to local media reports.

Yameen noted that as a result of the “recent spate of killings” in the Maldives he has had a “change of heart” and now believes “murder has to be punished with murder.”

“It is something that has to be done. We cannot move forward without making our streets safe,” Yameen said.

Yameen explained that a death penalty sentence should only be implemented if upheld by the Supreme Court.

“I now believe, if it can be proven in trial so that the country accepts, if it is proven to a degree accepted by judicial principles, if all the steps are followed, and if the Maldivian people believe, I believe that the death penalty is necessary to save society,” he said.

He also noted that because detailed legislation is necessary to implement the death penalty, the current government recently proposed a death penalty bill in parliament.

Regarding whether he would implement Islamic Sharia law, Yameen’s response to a caller was that “justice is currently delivered in the Maldives through Islamic principles” and that he would act “in accordance with what is laid out by the constitution.”

He pledged that under a PPM government he would “do whatever has to be done” to make the Maldives a peaceful place.

Yameen also denied financing or having links with gangs, claiming these allegations “do not have any basis” and politicians perpetuating such rumors “lack sincerity”.

Such rumors that Yameen has gang ties have “been around a long time”, according to CNM.

During the PPM presidential primary, former candidate and PPM Vice President Umar Naseer publicly accused Yameen of involvement with gangs and the illegal drug trade. However, Yameen denied the “defamatory accusations” calling them “baseless and untrue”.

Yameen further noted during the Voice of Maldives program that a “major part” of the government budget would be spent on youth, including a special rehabilitation program for drug addicts, with more than 900 placements available, if he is elected president.

Last month, Yameen also announced that PPM intended to transform Hulhumale’ into a “Youth City” where enough apartments to accommodate young people would be constructed.

Judicial reform pledge

Meanwhile, a day prior to Yameen’s comments in favor of implementing the death penalty to quell violent crime in the Maldives, the PPM presidential candidate pledged to reform the judiciary, even if it required amending the constitution.

To gain investors’ confidence and bring foreign investments to the Maldives, reforming the judiciary to ensure swift justice and confidence in the institution is necessary, Yameen explained.

“We see the many challenges ahead from every direction. So we are not only competing with other candidates. We are competing against the flailing economy and fading culture and values,” he said.

Yameen told local media that Chief Justice Ahmed Faiz Hussain had also noted the judiciary has “problems”.

Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

His comment’s follow the Maldives Bar Association (MBA) calling for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct. Hameed is under investigation by both the police and Judicial Service Commission (JSC) over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Earlier this year, Faiz said that the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy. In July 2012, the Chief Justice also said the death penalty can be executed within the existing justice system of the Maldives.

Death penalty controversy

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Death penalty legislation was presented to parliament in June by government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed to implement the death penalty by hanging if the Supreme Court upheld a death sentence passed by a lower court. The legislation was put to a vote to decide whether or not to proceed with the bill at committee stage and was ultimately rejected 26-18 with no abstentions.

The Maldivian Democratic Party (MDP) MP said at the time that the party’s parliamentary group had opted to throw out the bill on the grounds that it would be “irresponsible” to approve such measures with ongoing concerns held by itself and international experts over the functioning of the country’s judiciary.

The party additionally criticised the proposed bill as being irrelevant, arguing that the country’s draft penal code – a recent issue of contention between MPs and certain political parties – already included provisions for the death sentence as outlined under Islamic Sharia.

Recent calls for presidential clemency to be blocked led Attorney General (AG) Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

Minivan News understands that the bill submitted by the AG remains open for comments on potential amendments.

More recently, the state called for a High Court verdict on whether the practice of presidential clemency can be annulled.

Eariler this year, the UN country team in the Maldives issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

Additionally, the state’s stance to review implementation of death sentences has led to strong criticism from certain human rights-focused NGOs this year.

Speaking to Minivan News immediately following a visit to the Maldives in April 2013, Amnesty International’s South Asia Director Polly Truscott raised concerns about the recent drafting of new bills outlining implementation for executions.

She argued that even in practice, such bills would be deemed as a human rights violation, with the NGO maintaining that there remained no research to support the assertion that executing criminals served as an effective deterrent for serious crimes.

She noted this was a particular concern considering the recent findings of various international experts such as UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, regarding the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she said at the time.

In May this year, Amnesty International condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

Meanwhile, a survey of the leading criminologists in the United States conducted in 2009 found that 88 percent of the country’s top criminologists “did not believe” that the death penalty is a “proven deterrent to homicide”.

The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology, also found that 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

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Indian Joint Secretary of External Affairs visits Maldives, meets President, political leaders, ministers

An inter-ministerial delegation from India led by Joint Secretary in Ministry of External Affairs Harsh Vardhan Shringla visited the Maldives from July 23-24 to meet with political leaders ahead of the upcoming elections.

According to a statement from the High Commission in Male, Shringla called on President Mohamed Waheed and “highlighted the close, friendly and long standing bilateral relations between India and the Maldives. Mr Shringla also held meetings with the other presidential candidates – former President Mohamed Nasheed, PPM presidential candidate Abdulla Yameen and JP presidential candidate Gasim Ibrahim.

“He emphasised to all concerned the importance of conducting free, fair, credible and inclusive elections in a peaceful environment followed by a smooth transfer of power. He conveyed India’s commitment to supporting the institutions of democracy in the Maldives and its desire to see a peaceful, stable and prosperous Maldives.”

During the visit Shringla called on Minister of Foreign Affairs, Dr Ahmed Samad Abdullah “to exchange views on the various aspects of the bilateral relationship”, and Attorney General Azima Shakoor.

Shringla also met with Minister of Defence and Security, Mohamed Nazim, “to discuss India’s increasing engagement with the Maldives National Defence Force (MNDF), including training of officials to supply of equipment. They signed an agreement on cooperation between the two countries on various defence projects.”

“As part of his visit, Mr.Shringla paid a visit to Indian ship ‘INS Sukanya’, which was visiting Maldives to conduct a joint patrol operation with the MNDF aimed at monitoring and protecting the Maldives Exclusive Economic Zone (EEZ),” the statement concluded.

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Elections Commission announces earlier voting times to minimise possible disturbances

The Elections Commission (EC) has announced that voting in the presidential election on September 7 will begin at 7:30am and close at 4:00pm to minimise possible disturbances, reports local media.

EC President Fuwad Thowfeek told local media that the voting times were decided based on past experiences and police advice.

“Police gave that advice from the time of the parliamentary elections. They advised us to conduct voting at the earliest possible hours,” Thowfeek told CNM.

The EC has noted most disturbances occur after sunset and early voting was also the procedure followed during the by-elections, he added.

Previously, people lined up at 7:30am and had to wait since the polls opened at 8:00am, said Thowfeek

“So when we shift the opening time to 7:30am, they can vote early. This will prevent crowding,” he explained.

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Brother of Vice Presidential candidate Ahmed Thasmeen Ali arrested while under the influence

The brother of President Mohamed Waheed Hassan Manik’s running mate Ahmed Thasmeen Ali, Mohamed Adil, was arrested yesterday while under the influence, reports local media.

Adil, also a director at One & Only Reethi Rah Resort, was arrested at Ibrahim Nasir National Airport upon his arrival from overseas, according to CNM. He was arrested “after his behavior gave away that he was high”.

Police told local media they “arrested a 37-year-old Maldivian from the airport VIP lounge who was intoxicated” at approximately 4:30pm Tuesday (July 23).

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Atoll Paradise attributes troubles to “lengthy delay in securing bank finance”

Tour operator Atoll Paradise has issued a statement “apologising unreservedly for any frustration caused to any of its customers due to recent cancellations.”

Atoll Paradise is one of the Maldives’ largest local tour operators. However, the Tourism Ministry last week suspended its permit amid allegations it had defrauded customers and international travel agents.

Tourism Ministry Senior Legal Officer Faseeh Zahir told Minivan News the government had have received several complaints in recent months that bookings had been cancelled by the company without being refunded.

“There are allegations of fraud and of the company not acting according to regulations. This is not just a case of one guest, we have received several complaints,” said Zahir. The company has also been fined MVR 1 million (US$65,000).

In its statement, Atoll Paradise said it “wished to make it clear that it is a reputable business organisation and the recent unfortunate developments stemmed from a lengthy delay in securing bank finance to sustain its business operations.”

Cancellations were “unavoidable”, the company said, while “strenuously emphasising” that no employee of the company “ has ever engaged in fraudulent activities towards any external parties.”

The company acknowledged it had encountered “some cash flow difficulties” in 2013, stemming from an “unexpected delay in a bank loan facility.”

“This delay is not to be blamed on anyone (neither person nor corporation), as financial proceedings can sometimes encounter unexpected obstacles and include complexities and lengthy legal clearance procedures beyond the initially expected scope,” the company contended.

“Although the management had explored all available options and done its best to avoid having to cancel any bookings, such cancellations could not be avoided anymore, if Atoll Paradise did not want to further disappoint its customers by leaving them stranded at the airport after their arrival in the Maldives,” the statement read.

“These actions, although difficult to make, were taken in accordance with the Booking Policy of the company, and all customers will be refunded with minimum delay,” the company promised.

Atoll Paradise said it was working with the Ministry of Tourism on “resolving these unfortunate issues so that all pending refunds can be processed without any further delay and normal business operations of the company can commence as soon as possible. It is important to note here that several refunds have already been processed prior to this decision by the Ministry. All customers are informed periodically on the status of their refund.”

Disgruntled customers waiting on refunds

Several of the company’s customers meanwhile contacted Minivan News following publication of last week’s article, with details of their grievances and extensive documentation and correspondence with the company.

The Barras couple initially booked their 14 night, US$24,698 holiday at Dusit Thani resort through Atoll Paradise in July 2012 for mid-February 2013. However three weeks before travelling the couple were forced to cancel their booking for medical reasons, and were promised a refund of US$23,113, including a US$350 ‘admin fee’ and five percent ‘bank charge’ on January 24, as a “one time exception”.

In a long series of successive emails, assorted company staff repeatedly apologised and promised repayment in several days, providing reasons including “It will take 1 to 2 billing cycles for the amount to be posted back to your account”, “I can only file for the refund request by Monday due to bank holidays here until Sunday”, and “we are moving all of our principal banking from three different banks to just one which is Mauritius Commercial bank.”

Several staff members informed the couple that Atoll Paradise had already paid the resort in advance, and was waiting for a refund.

The couple contacted the resort’s management directly, only to discover that the resort had never received payment from Atoll Paradise, and had cancelled the booking immediately on first request.

“The money you paid [to Atoll Paradise was not remitted to us, nor was there any communication regarding a refund since no monetary transaction had transpired between Dusit Thani Maldives and Atoll Paradise for this particular booking,” wrote Dusit Thani’s General Manager Desmond Hatton to the couple on April 9, 2013.

After waiting three months for the refund, the couple began to add their concerns about the company to others on Tripadvisor.

“Your case has been raised this with our Executive Management team, to try and get a better understanding as to when we can rectify this internal issue, as you know this has been pending a while and as such we are not delivering the exceptional service we are known for, this is very disappointing and I can assure you this matter is not being taken lightly,” the couple were informed in April by a staff member called ‘Laura’.

The Barras were then contacted by Atoll Paradise’s Director of Business Development, Chloe Esme Bagir, who informed them that “due to the extent of your unruly comments on the internet, it is now being dealt by our Legal and Accounts Department and will be reviewed in strict adherence to our published Booking & Cancellation Policy. We will reply to you once we get their decision.”

At the time of their contacting Minivan News, the couple were still awaiting payment of their refund.

“Since we didn’t go, the hotel didn’t get paid … so [Atoll Paradise] decided to keep the money for themselves. What kind of company does this?” asked Tristan Barras.

In an email to Minivan News, Atoll Paradise advised that Barras “cancelled shortly before arrival and thus lost 100 percent of the amount paid, in accordance with Atoll Paradise Booking Policy.”

Booking cancelled four days before flight: “I appreciate this will have come as somewhat of a shock”

In another case, Nitchima Chia from Thailand booked a two bedroom pool villa at Centara for six people on March 6-10 through Atoll Paradise, paying US$6,235 upfront via credit card.

Four days before the group was due to depart, having already paid US$3450 for flights from Bangkok to the Maldives, Chia was informed by Atoll Paradise that due to “unavoidable circumstances arising within our operations” their booking, among others falling between May 1-16, had been cancelled.

The company gave Chia the option to refund the full booking value, or reschedule the booking after July 1.

Noting that the group had days left to get on the plane and that the flights were non-refundable, Chia urged Atoll Paradise to move them to another hotel, or refund the full expenses of the trip: “July is impossible as the kids need to go to school during this time,” she said.

Atoll Paradise replied: “I appreciate this will have come as somewhat of a shock, however we are unable to honor any bookings within this period.”

“Atoll Paradise is in the process of relocating to a newly built office compound. This is a project we have been working on for the past 12 months to expand and grow our business. Due to this we are having difficulty in managing some our arrivals for this period efficiently,” the company wrote.

“Your booking with Atoll Paradise is cancelled and will not be reinstated.”

In another email, Atoll Paradise advised that “as only the accommodation is confirmed with us, we cannot hold any responsibility for the flights”, and urged Chia to contact her travel insurance provider.

Chia was initially promised a refund within four weeks with a “cut-off period” of eight weeks. However, on June 6 she was informed that the “refunds are taking a further delay due to lack of funding. We are confident we should receive these funds within the month of July. Please give us a little more time to settle this.”

On July 5, the company informed Chia that it understood this delay in your refund “is causing a lot of frustration for you”, and assured her that “the delay in your refund is not intentional.”

“The entire management team are working tirelessly to expedite the refund process for all our clients. Our bank has already agreed a facility for us, agreement already approved and signed. Due to lengthy legal documentation, the funds from our bank have taken longer than initially anticipated hence these delays. We anticipate the refund will be in your account end of this month and latest first week of August.”

Chia subsequently contacted the Royal Thai Consulate in Male.

Some customers, speaking about their experiences with the company on a 28-page Tripadvisor thread, reported success in securing chargeback payments direct with their credit card companies.

Police Chief Inspector Hassan Haneef meanwhile last week confirmed police had begun investigating the company over fraud allegations.

The Tourism Ministry has said Atoll Paradise’s permit will remain revoked until all alleged outstanding payments and grievances have been settled.

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