Tag: MP Imthiyaz Fahmy

Pro-government MPs vote against debating JSC decision on Justice Ali Hameed

Pro-government MPs have voted against a motion without notice submitted by opposition Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy to debate the Judicial Service Commission’s (JSC) decision last week to clear Supreme Court Justice Ali Hameed of misconduct over his alleged appearance in a series of sex tapes.

The early motion – which would have opened the floor to a one-hour debate – was defeated with 44 votes against and 18 in favour at the ongoing sitting of parliament.

Presenting the motion, MP Imthiyaz said the JSC decision was “a permanent stain” on the Maldivian judiciary and an obstacle to judicial reform.

Following the vote, Imthiyaz tweeted:

The presence of a disgraced judge on the Supreme Court bench – who most citizens believe has lost his integrity – threatens the independence of the apex court, adversely affects decisions of lower courts, and robs Maldivian citizens of their constitutionally guaranteed right to a free and fair trial, the party contended in a press statement this week.

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MDP resumes political activities with reopening of haruge

The Maldivian Democratic Party (MDP) has resumed political activities with the reopening of a new haruge (meeting hall) in the capital Malé last night (June 11) after a hiatus in the wake of successive electoral defeats.

The main opposition party announced that weekly gatherings will take place on Sunday and Thursday nights at the new haruge in Galolhu Aaras, located near the Television Maldives (TVM) studios.

The meeting hall was officially opened by founding member and artist, Ahmed Abbas, at a ceremony attended by former President Mohamed Nasheed, MDP MPs and city councillors.

Speakers at last night’s rally – the party’s first public gathering since the March 22 parliamentary polls – severely criticised the current administration over alleged failure to fulfil campaign pledges as well as the state of healthcare in the Maldives.

The meeting hall would become an outlet for public opinion and grievances, said MP Ibrahim Shareef, vowing that the party would ensure that fundamental rights and freedoms are protected.

Shareef also contended that the government has not undertaken any significant development projects in the atolls since assuming office in November last year.

In her remarks, Malé City Deputy Mayor Shifa Mohamed referred to the ransacking of the MDP’s previous meeting hall on February 7, 2012, by mutinying riot police, soldiers, and opposition protesters prior to the controversial resignation of President Nasheed.

Shifa said the party had remained quiet in order to see what President Yameen could accomplish with a parliamentary majority and control over other state institutions.

The former education minister contended that the current administration has not introduced new services or launched new social security programmes, noting that universal health insurance and other benefits were introduced by the MDP government.

Shifa also claimed that single parents were not receiving their monthly allowance.

President Yameen’s administration was “top heavy” with an excessive number of political appointees, she argued, while no progress had been made in fulfilling the campaign pledge of creating 94,000 jobs.

The government was holding ceremonies and functions – in lieu of carrying out development projects – to create false headlines and mislead the public, she said.

Meeting halls in the atolls would also be opened in the near future, Shifa continued, inviting members to a maahefun (traditional celebratory feast on the eve of Ramadan) on the night of June 19.

The MDP’s inactivity in recent weeks does not mean that the party accepted defeat in the presidential election, Shifa said, referring to the Supreme Court’s annulment of the first round of the presidential polls last year based on a secret police forensic report.

“Don’t think that we have forgotten all of that,” she said.

The MDP “single handedly” winning over 105,000 votes in the presidential election was testament to the party’s strength, said MP Imthiyaz Fahmy ‘Inthi’, noting that all other political parties were forced to form an alliance to compete against the party.

The MDP’s main task was overcoming the effects of a 30-year dictatorship, Inthi suggested, contending that the MDP was the only hope the Maldivian people had for democracy and good governance.

Former MP Ali Waheed meanwhile advised members to raise awareness and educate and inform their friends, relatives, and associates with renewed resolve to return to power.

He observed that the country has come full circle ten years after former President Maumoon Abdul Gayoom launched a democratic reform agenda as the president was once again “an Abdul Gayoom”.

“God willing, the work we are beginning here today will end with the election of the MDP’s presidential candidate as the president of the Maldives,” he said.

The former MDP parliamentary group deputy leader announced his intention to contest for the party’s chairperson post today.

Former President Nasheed also announced his candidacy for the post of party president earlier this month.

Elections for the party’s leadership posts are due to take place on August 29.

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Criminal Court declares MP Inthi’s contempt charges invalid

Contempt of court charges against opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy are invalid, the Criminal Court has declared today.

The Maafannu North MP was charged last year with “disobedience to order” under the ‘Protection of the sanctity of the courts regulation’.

The charges related to comments criticising the Supreme Court on the Raajje TV talkshow ‘Fala Suruhee’ (‘Headlines’).

“Now no one can be charged under this invalid regulation,” Inthi told Minivan News today, adding that there was now no basis to declare contempt of court outside courtrooms a criminal offence.

Today’s Criminal Court ruling came in response to procedural points raised by Fahmy regarding the validity of the regulations cited.

In October 2011, the People’s Majlis excluded this regulation, which precedes the new democratic constitution, from the General Regulations Act – the parent legislation for regulations without a statutory basis.

Within days of the Majlis’ decision, the Supreme Court declared that the regulation should still be enforced temporarily.

In the procedural points raised at the court, Fahmy stated that the regulation remains invalid and that a criminal offence can only be declared through legislation passed by the parliament.

The ruling issued today by Judge Ahmed Sameer Abdul Aziz on Fahmy’s procedural points stated that the regulation’s exclusion from the General Regulations Act made them invalid.

Aziz concurred that the power to create legislation is vested in the People’s Majlis “without any debate, and absolutely”.

The ruling came short of declaring the sanctity of the courts regulation invalid, however, stating that “the legal basis of this regulation cannot be questioned in this [Criminal] court” as it was created by a superior court.

Highlighting that the regulation has not been published as required by Article 61 (b) of the constitution, the ruling declared that criminal charges cannot be pressed as this would undermine a fundamental right of citizens.

Suggesting that the courts can still take administrative action under the regulation, the case was ordered to be returned to the Prosecutor General’s Office.

Criticism of the judiciary

Speaking to Minivan News today, Inthi described the ruling as a victory in the fight for justice,

He noted that the regulation was invalid as, though the Supreme Court can annul a law passed by the parliament, it can never bring back legislation killed by the parliament.

In another contempt of court case last March, the Supreme Court issued a verdict removing Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts, and sentencing Fuwad Thowfeek to six months imprisonment.

The pair were charged for commenting on the court’s rulings in the media and for answering questions posed by a parliamentary committee.

The EC members were prosecuted under the court’s ‘Suo Moto‘ regulations, which allows the apex court to initiate hearings and to act as both plaintiff and judge in a trial.

At the time of the case, MP Inthi described the verdict as “unconstitutional”, calling it “ judicial shamelessness”. He maintained that there was no law which outlaws the criticism of courts outside of court hearings.

“I will act as a shield to ensure the attempts to cover the mouths of Maldivians citizens with plaster does not become widespread. The result of this [ruling] is that such charges will not be pressed against journalists or any citizen under this invalid regulation,” he said today.

Additionally, Inthi noted that he was discriminated against at the court today, saying that while both himself and MP Ahmed ‘Sun’ Shiyam were summoned to the court at the same time today, they received different treatment.

“We are both members of the parliament, but he entered the court through the judges’ gate and waited at the VIP area of the court.”

“I was with other people, some of them handcuffed. I was there for criticising the judiciary and he is being charged with possession of alcohol,” said Inthi, stating that this was a clear reflection of the status of the judiciary in the Maldives.

Preferential treatment for Shiyam was also reported by local media at the first hearing in his trial.

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State broadcaster refuses to air campaign ad depicting police brutality

The Maldives Broadcasting Corporation (MBC) has refused to air a campaign ad from opposition Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy allegedly on the grounds that it depicted police brutality.

The MDP issued a press statement today strongly condemning the move, contending that state broadcaster’s refusal was a deliberate obstruction of both Imthiyaz’s campaign and the right to free expression as well as an attempt to hide police brutality and silence voices against brutality.

The party also expressed surprise with the MBC’s decision as one of the photos featured in the campaign ad showed police pepper spraying a cameraman, noting that the Maldives has dropped in international press freedom indexes.

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Stabbed MP undergoes surgery in Sri Lanka

Maldivian Democratic Party MP Alhan Fahmy has been flown to Sri Lanka for surgery after being stabbed yesterday evening.

The Feydhoo constituency MP’s brother Azbaan, has told Minivan News Alhan’s condition is “very serious” – he had been in surgery for over three hours as of 4pm today (February 2).

“I think it is an organised political attack, because Alhan doesn’t have any other issues,” said Azbaan. “Somebody is politically unhappy with him, otherwise there is no other reason.”

He noted, however, that his brother had received no intelligence from police of an impending attack prior to yesterday’s incident.

Azbaan was with Alhan at the popular Breakwater cafe in the capital Malé when he was stabbed by his assailant at around 9pm. Police apprehended an 18 year old man at the scene, also finding a knife nearby.

Police have confirmed that a further two men have been arrested in relation to the stabbing. Two of the three now in custody have had their detention period extended to ten days, while the third will appear before judges later this evening.

MDP spokesman Imthiyaz ‘Inthi’ Fahmy described the attack as “very difficult to understand”, though he also suspects an organised attack.

“This is a planned one – I’m sure, I can tell that. The license plates of the motorbikes were changed before they came to the place to attack Alhan – that’s what I heard from sources,” said Inthi.

Inthi expressed dismay at the attack, noting that politicians needed to be free to work without fear, describing yesterday’s attack as a deliberate attempt to murder Alhan.

An official statement from the MDP’s parliamentary group today condemned the attack, expressing concern that “attackers are not hesitant to carry out such attacks in public”.

“This attack shows the loss of public order and justice. The MDP parliamentary group calls for a proper investigation and calls for the perpetrators to be brought to justice.”

Parliamentary group member Hamid Abdul Ghafoor described the continued intimidation of MPs as a “war that had gotten physical”.

Hamid suggested that the country’s recent moves toward democracy have made it more difficult to silence MPs:

“Before, you just disappeared. Now, they have to play outside of the law,” said Hamid, citing the murder of MP Dr Afrasheem Ali in 2012.

Cases involving Afrasheem, Hamid, and Alhan are currently being monitored by the Inter-Parliamentary Union, which organised an urgent visit to the Maldives late last year after expressing concerns over the intimidation of MPs.

Last August, Alhan was summoned by police in connection with the alleged blackmailing of Supreme Court Justice Ali Hameed, using footage of the judge having sex with two foreign women said to be prostitutes.

The MP tweeted a screenshot of a text message he claimed had been sent to his mobile phone by Superintendent of Police Mohamed Riyaz. The text read: “Alhan, will make sure you are fully famed (sic) for blackmailing Justice Ali Hameed. You don’t know who we are.’’

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Parliament privileges committee seeks Majlis intervention in MP Hamid appeal case

The Majlis Parliamentary Privileges Committee has unanimously decided parliament should intervene in the appeal case of member Hamed Abdul Ghafoor, who was sentenced to six months for failure to attend Criminal Court hearings.

“The committee was of the opinion that the Criminal Court had acted outside of the boundaries of the law by summoning MP Hamid to court on a day when the parliament as well as committee sittings were scheduled,” said Deputy Chair of the Committee and Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy.

“Therefore this action by Criminal Court was clearly against the Privileges Act, thus a violation of privileges of both an MP and the parliament as a whole. On this grounds the committee has sent the report to Majlis Speaker to which the Speaker.”

Hamed was handed the custodial sentence during a month-long period of refuge sought within the grounds of parliament, which ended following the conclusion of the presidential election on November 16.

Hamed was originally asked to appear in court regarding an alleged refusal to produce a urine sample when asked by police following his arrest on suspicion of drug and alcohol possession last year.

He was arrested on the island of Hondaidhoo along with a number of senior MDP party members last year.

The MP himself, however, maintains that his stay in the parliamentary grounds was intended to highlight the importance of MP privileges.

“My holding up in the Majlis was in defense of parliamentary privileges, which was not reported in the media. We have found out members privileges are not understood,” Hamed told Minivan News today.

The Henveiru South representative suggested that Criminal Court Judge Abdulla Mohamed scheduled a hearing to clash with the parliamentary schedule as the case against him was failing.

He has subsequently been placed under house arrest, with the newly appointed Home Minister Umar Naseer telling local media that the state did not have the resources to transport the MP to and from Dhoonidhoo island prison in order for him to fulfil his parliamentary duties.

During his period of sanctuary, Hamed’s Maldivian Democratic Party (MDP) amended the parliament’s standing orders to allow an MP convicted of criminal acts to continue to attend Majlis sittings.

Hamed, as well as the Speaker of the House Abdulla Shahid, have consistently maintained that the summons to appear clashed with the MP’s parliamentary duties, contravening the Parliamentary Privileges Act.

“He has been issued court summons in violation of the Privileges Act. He has been issued a sentence because he took the privileges he is legally afforded as an MP,” Shahid told Minivan News earlier this month.

“I have written about this matter to the Prosecutor General [PG]. The Prosecutor General agrees with me. He has written a letter to the Supreme Court. He feels that the judiciary in this case has gone out of its way to punish Hamid.”

The PG Ahmed Muiz has since resigned as the Majlis prepared no-confidence proceedings against him – the President’s Office is currently accepting applications for his replacement.

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MP Imthiyaz Fahmy charged with contempt of court under expired regulation

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy is being tried for contempt of court under a regulation that expired in 2011, the MP’s lawyer Masthoor Husny has said during a Criminal Court hearing today.

The Prosecutor General’s Office is charging Fahmy for comments criticizing the Supreme Court during a Raajje TV program called “Fala Suruhee” (Headlines).

Police have asked the PG to try MDP MPs Alhan Fahmy, Mohamed ‘Bonda’ Rasheed, Ali Waheed and ‘Reeko’ Moosa Manik on the same charges.

Husny cited Article 19 and 59 of the Constitution ratified in 2008 which states that a citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shariah or by law and states that no person shall be found guilty of any act or omission.

The regulation criminalising contempt of court was to expire with the ratification of the new constitution.

But the People’s Majlis voted at the time to extend the validity of several regulations until the government is able to submit new laws that are streamlined under the new constitution.

However, in 2011, when the regulations were up for yearly review, the Majlis failed to extend the validity of the regulation criminalising contempt of court.

The hearing was adjourned today when the state prosecutor requested more time to review the matter.

Meanwhile, MP Hamid Abdul Ghafoor has returned home after four weeks of refuge inside the People’s Majlis to evade Criminal Court summons issued in violation of the Parliamentary Privileges and Powers Act.

The Criminal Court then sentenced Hamid to six months in jail in absentia for disobedience to order.

The MDP had pledged to ‘clean the judiciary’ following a series of sex tapes in which Supreme Court Justice Ali Hameed appears to be having sex with several foreign women in a Colombo hotel room.

The MDP has also condemned a series of controversial Supreme Court rulings annulling the first round of presidential elections held on September 7 and the stripping of parliamentary seats of MDP MP Ali Azim and MDP aligned DRP’s Mohamed Nashiz.

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Supreme Court further delays election decision

The Supreme Court of Maldives has delayed its ruling on the potential annulment of the presidential election for the second time today.

Originally scheduled for 2:30pm today, the ruling was moved to 5:00pm, before court officials announced the decision to move the ruling back to 8:00pm.

“The Supreme Court can say whatever they want to say. But the constitution must be upheld,” Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed told a crowd of supporters gathered near the courthouse.

The case filed by the Jumhooree Party, alleges systemic fraud in the first round of the presidential election, despite the overwhelmingly positive assessments of all observer missions present.

The concluding arguments in the case were heard on September 25, two days after the court had issued an injunction calling upon all state institutions to halt election preparations until the case had been completed.

Numerous international actors – including the United Nations Security Council – have expressed their alarm at the decision to delay the second round, and the subsequent rising of tensions in the country.

Following the destruction of MDP aligned TV station Raajje TV this morning, party supporters gathered by police barricades on Fareedhee Magu.

MDP Imthiyaz Fahmy called for an investigation of the police’s role in the arson attack.

“[Police Commissioner] Abdulla Riyaz publicly announced previously that police will not provide protection to Raajje TV. Look how it has been absolutely burned down today,” said Fahmy.

Former President – and first-placed candidate in the initial poll –  Mohamed Nasheed addressed a crowd of around 300 just before midday.

“The Supreme Court may say anything at two thirty today. Do listen to their verdict, it will make no sense at all.”

“The letters in the constitution cannot dissolve and protect itself, it cannot come out to war to protect itself. It won’t come to life unless we get strength from it and come out to protect it.”

“We are not here to ascertain presidency for Galolhu Kenereege Mohamed Nasheed. We are here to get people’s rights. Not for the MDP, but for all citizens,” he added.

The area – close to the Supreme Court – has been the focal point of MDP protests for 10 consecutive nights following the Election Commission’s decision to abandon preparations for the September 28 run-off, in the face of government and judicial intransigence.

The integrity of the Supreme Court was a persistent theme during early protests, with frequent – often visual – references to the Justice Ali Hameed’s purported role in a series of sex tapes.

“We are demonstrating here and won’t stop until we hear a verdict,” Nasheed’s running-mate Dr Mustafa Lutfi told the crowd.

Police have reported “no tensions and no arrests” during today’s demonstration.

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DRP votes to support MDP in presidential run-off

The Dhivehi Rayyithunge Party (DRP) has become the first party to officially back a candidate in the second round of the presidential election, throwing its support behind the Maldivian Democratic Party (MDP) and Mohamed Nasheed.

The decision made at a party council meeting earlier today saw 12 votes cast for the MDP and three for their run-off rivals the Progressive Party of Maldives (PPM), with seven party members undecided.

MDP spokesman Imthiyaz Fahmy today explained that there had been no official communication between his party and the DRP, emphasising that the move had been the DRP’s “own decision”.

Fahmy suggested that the move would bring 10,000 votes to his party – intimating that President Dr Mohamed Waheed himself had not attracted any votes for his coalition with the DRP in the first round.

The MDP have argued that they need only few thousand votes – in addition to the 95,224 received on Saturday (45.45 percent of the total) – to claim a second round win.

DRP MP’s Abdulla Mausoom and Rozaina Adam took to Twitter soon after the council’s decision with the MDP’s ‘kuriah, kuriah’ (‘forward, forward’) election slogan appearing on both members’ feeds.

Economic Minister Ahmed Mohamed voted in favour of backing PPM and is reported to have stormed out of the council meeting telling the press he intended to support the PPM regardless.

While leader Ahmed Thasmeen Ali has previously said he would not remain in the DRP if the party’s council decided to enter a coalition with the MDP, the MP for Kendhoo said at a press conference after the council meeting today that it would be “irresponsible” for a senior politician to withhold support based on previous statements.

“Therefore, I intend to participate in President Nasheed’s campaign as DRP leader and fully participate in efforts to seek support for President Nasheed in the upcoming presidential election,” he said.

Thasmeen reportedly said that he considered the current political reality and decided on the path that would minimise the “spirit of political vengeance.”

Minivan News was unable to obtain further comment from the DRP prior to publication.

Going into the elections, the DRP aligned with President Dr Mohamed Waheed’s Gaumee Ittihad Party (GIP), with leader Thasmeen as Waheed’s running mate. Both candidates officially ran as independents, however, due to a prior registration issue linked with the size of the GIP.

Speaking with Minivan News the day before the election, Waheed explained that he felt the strength of the DRP could compensate for his party’s relatively small support base. The DRP is currently the country’s third largest party, with 21,411 members according to the Election Commissions most recent figures. It also has 10 members in the Majlis.

However, as it became clear that Waheed had gained the fewest votes on polling day – just 5.13 percent – the DRP’s Mausoom hinted that the party would be looking for new affiliations heading into the second round.

Registered in 2005, the DRP was formed as a vehicle for former President Maumoon Abdul Gayoom to compete in the country’s first multi-party presidential elections in 2008. After the 30-year leader lost power to the MDP’s Mohamed Nasheed, the DRP remained the major opposition in parliament.

Thasmeen was anointed party head following Gayoom’s short-lived retirement from politics. However, the former’s willingness to negotiate with the MDP led to a 12-page letter of complaints from the former leader and an acrimonious split in 2011, followed by the departure of Gayoom loyalists to the newly-formed PPM.

Speaker of the Majlis Abdulla Shahid has been the highest profile defection from the DRP in recent months – joining the MDP to rapturous celebrations in April – though the party has seen a steady drain of support as PPM’s numbers have risen.

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