MP Imthiyaz Fahmy – Page 3 – Minivan News

MDP MP Imthiyaz to face charges of “disobeying orders” for criticising judiciary

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy – who is also one of the party’s spokespersons – is set to face another criminal charge of “disobeying orders” over allegedly contemptuous remarks he made against the judiciary during a television show.

Earlier in April, Fahmy told Minivan News that Police had begun investigation of a case filed by the Department of Judicial Administration against him, over his allegedly “contemptuous remarks” against the Supreme Court and its judges.

Police Media Official Chief Inspector Hassan Haneef told Minivan News at the time he was “unsure” whether police were currently investigating the matter, but said cases concerning contempt of court had previously been investigated and sent for prosecution.

In June 2012, police sent a case concerning Imthiyaz Fahmy for prosecution, requesting he be charged with disobeying orders, obstructing police duty and physically assaulting a female police officer during an MDP demonstration on May 29, which had followed the dismantling of the party’s protest camp at Usfasgandu.

In a subsequent statement condemning “excessive use of force” against demonstrators, Amnesty International stated that according to Fahmy, “police in Dhoonidhoo told him he was arrested for ‘disrupting peace’.”

“The next day in court, police stated that he had been detained for ‘physically attacking a woman police officer.’”

Fahmy denied the charges pressed against him by the prosecution.

In the latest case, Fahmy will be prosecuted under section 88 of the Penal Code for disobeying legal orders.

Section 88(a) states – “It is an offence to disobey an order issued lawfully within the Shari’ah or Law, person guilty of this offence shall be subjected to a punishment of exile or imprisonment or house detention not exceeding 6 months or fine not exceeding MVR 150.00 (US$9.73)”

Speaking to Minivan News earlier regarding the charges, Fahmy claimed the judiciary was attempting to silence elected members of the public, and that allegations of contempt of court were a facade.

“People elected me to find faults in institutions such as the courts and find ways to reform them, to correct those faults. I have been elected as a member of parliament by the people to talk about such issues and that is my responsibility. It is a duty vested in me by the people and I will remain firm in executing that duty,” Fahmy said at the time.

He further claimed that discrepancies and flaws within the courts were already being widely discussed by the general public.

“The courts themselves do not comprehend the real meaning of the concept of judicial independence,” he claimed.

“They should also understand that dignity and honour is not a one-way train. It goes both ways. Their actions should be of a standard and performed in a transparent fashion so as to have dignity,” he said.

“The first thing is that the judges were wrongfully reappointed. The constitutional provisions indicate that the judges were appointed by the Judicial Service Commission (JSC) wrongly without proper consideration being given to Article 285 of the constitution. That is unconstitutional.”

Fahmy – who is a lawyer himself – claimed that other powers of the state including the legislature and the executive had been set up in accordance with the 2008 constitution and that it was only the courts and the judiciary that had failed to be established in accordance with the new constitution.

“Am I being punished for coming out and speaking the truth? What is so wrong about reiterating the same facts that are being highlighted by several respected international authorities on the same issue?” he questioned.

Apart from Fahmy, cases against several other MDP MPs are either being currently investigated or being heard in the courts including that of MP Ali Waheed (the party’s Deputy Parliamentary Group Leader), MP Hamid Abdul Ghafoor (the party’s spokesperson for international affairs), MP Abdulla Jabir, MP Mohamed ‘Matrix’ Rasheed and MP Ibrahim ‘Bondey’ Rasheed.

Charges faced by the MPs include contempt of court, obstruction of police duty as well as the offence of consumption of alcohol. According to the constitution, a member of parliament loses his seat should he be convicted of a criminal offense that requires serving a sentence longer than a period of 12 months.

Likes

(0)Dislikes

(0)

MDP files motion calling government to address judicial issues highlighted by Special Rapporteur

The opposition Maldivian Democratic Party (MDP) has filed a motion calling the government of President Mohamed Waheed Hassan to address issues highlighted in the report by United Nations Special Rapporteur (UNSR) on Independence of Judges and Lawyers, Gabriela Knaul, concerning the country’s judiciary.

Knaul’s final report to the UN Human Rights Council extensively outlined the political, budgetary and societal challenges facing the judiciary and wider legal community, as well as the politicisation of the Judicial Services Commission (JSC) and its failure to appoint qualified judges under Article 285 of the constitution.

The Special Rapporteur also expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

“It is indeed difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” Knaul wrote.

The motion, filed by MDP MP Imthiyaz ‘Inthi’ Fahmy, was debated during the parliamentary session held on Monday. The motion was passed by 23 out of 34 members present during the session, while nine members voted against it.

Presenting the motion, Fahmy said the judiciary was impaired after it appointed the judges for life, without considering the constitutional provisions specified in article 285 of the constitution.

He contested that the JSC, instead of ensuring that the judges met the required standards befitting an independent judiciary, had lowered the standards to ensure all existing judges were qualified to sit on the bench for life, plunging the whole judicial system into chaos.

Due to the JSC’s decision to lower the standards, judges accused and in some cases convicted of criminal wrongdoing had been reinstated, he contended.

Fahmy further contested that every citizen of the country was entitled to the right to get a fair hearing and that not even the Supreme Court could undermine such a fundamental right.

He noted that the judiciary disregards any remark made that highlight its own flaws, dismissing them as attempts to tarnish the image of the judiciary and lower its image among the public.

Parliamentary debate

Jumhoree Party (JP) MP Abdul Raheem Abdulla raised doubts over the legitimacy of the current membership of the JSC, highlighting that current Attorney General Aishath Bisham – who by virtue of her position is also a member of JSC – is yet to be endorsed by the parliament.

Local media alleged that Aishath Bisham had taken part in the vote taken during the JSC meeting in which it decided to indefinitely suspend the Chief Judge of High Court over a complaint filed a year ago.

Abdul Raheem Abdulla also questioned the legitimacy of the position of Civil Service Commission (CSC) President Mohamed Fahmy Hassan, who was removed from his post by parliament reinstated after the Supreme Court overturned parliament’s decision.

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

The doubts surrounding the legality of these people sitting in the JSC posed questions over how just a decision by JSC could be, Abdulla Abdul Raheem said.

He further contended that the JSC had been overpowered by political influence both internal and external, however maintained that no one should meddle with the affairs of the court.

JP’s own leader, resort tycoon and MP Gasim Ibrahim, also sits on the commission.

However, tourism magnate Ahmed ‘Sun Travel’ Shiyam’s Maldivian Development Alliance (MDA) MP Ahmed ‘Aims’ Amir spoke in favour of JSC, stating that he saluted the commission for completing the appointment of judges within the time frame required by the constitution.

Amir claimed that the two parties had agreed with the appointment of the permanent Supreme Court bench, but were now criticising the bench because it did not work to their pleasure.

Government-aligned Dhivehi Rayyithunge Party (DRP) Parliamentary Group Leader, Ahmed Mausoom, said Special Rapporteur Knaul had asked to resolve the issues through dialog between the authorities, and noted that her recommendations included amending the constitution.

Other recommendations, Mausoom said, included changing the composition of the JSC, and calling on political parties to work on creating awareness among the public of the laws of the country and its constitution, and speeding up the legislative process.

Opposition MDP Deputy Parliamentary Group Leader MP Ali Waheed meanwhile accused the JSC Chair Justice Adam Mohamed of being a “gang leader”, and said the only way to reform the judiciary was through direct action by the people.

Another MDP MP, Abdul Ghafoor Moosa, claimed that presidential candidate of the Progressive Party of Maldives (PPM) Abdulla Yameen, and JP MP Gasim Ibrahim were key conspirators behind the sabotage of the judiciary.

Government’s response

Following Knaul’s report, the government of President Waheed responded with a statement that “international actors should not undermine national jurisdiction and the court system of any country”.

The statement was issued on May 28 via Permanent Representative at the UN Human Rights Council in Geneva, Iruthisham Adam, who further said that the Maldivian delegation, in light of the report, “wishes to discuss specific matters contained in the report with the Rapporteur”.

At the same time the statement “welcomed” the UN Rapporteur’s report and “fully acknowledge[s] that the various challenges she has identified and raised in her report are in fact the residue challenges present in a system in the midst of democratic consolidation.The Maldives judicial system continues to be hampered by structural deficiencies and resource constraints in addressing the difficult challenges facing the country in general.”

Likes

(0)Dislikes

(0)

Police probing MDP MP Imthiyaz Fahmy’s “contemptuous remarks” against judiciary

Police have begun investigating opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy for allegedly making “contemptuous remarks” against the judiciary, during a TV program broadcast by opposition-aligned television station Raajje TV.

Fahmy told Minivan News that police called him on Wednesday and informed him that the case was being investigated on the judiciary’s request.

However police media official Sub-inspector Hassan Haneef said he was “unsure” whether police were currently investigating the matter, but said cases concerning contempt of court previously been investigated and sent for prosecution.

Police sent a case concerning Imthiyaz Fahmy for prosecution in June 2012, requesting he be charged with disobeying orders, obstructing police duty and physically assaulting a female police officer during an MDP demonstration on May 29, that had followed the dismantling of the party’s protest camp at Usfasgandu.

In a subsequent statement condemning “excessive use of force” against demonstrators, Amnesty International staed that according to Fahmy, “police in Dhoonidhoo told him he was arrested for ‘disrupting peace’.”

The next day in court, police stated that he had been detained for ‘physically attacking a woman police officer.”

Fahmy denied the charges pressed against him by the prosecution.

Regarding the new police investigation, Fahmy claimed the judiciary was attempting to silence elected members of the public and that allegations of contempt of court were a facade.

“People elected me to find faults in institutions such as the courts find ways to reform them, to correct those faults. I have been elected as a member of parliament by the people to talk about such issues and that is my responsibility. It is a duty vested in me by the people and I will remain firm in executing that duty,” Fahmy told Minivan News.

He further claimed that discrepancies and flaws within the courts were already being widely discussed by the general public.

“The courts themselves do not comprehend the real meaning of the concept of judicial independence,” he claimed.

In a statement issued during her visit to the Maldives in February 2013, United Nations Special Rapporteur (UNSR) on Independence of Judges and Lawyers Gabriela Knaul stated that she had found that the concept of independence of the judiciary has been “misconstrued and misinterpreted” by all actors, including the judiciary itself, in the Maldives.

“The requirement of independence and impartiality does not aim at benefiting the judges themselves, but rather the court users, as part of their inalienable right to a fair trial,” Knaul stated in her concluding statement.

Beyond Knaul, Fahmy noted that several other international experts on judicial independence, including International Commission of Jurists (ICJ), judicial expert Professor Paul H Robinson, United Nations Human Rights Committee (UNHRC) as well as the report by the Commission of National Inquiry (CNI) – which was set up to look into the legality of the controversial ascension of President Mohamed Waheed Hassan to presidency on February 2012 – had highlighted “serious flaws” within the judiciary.

“Am I being punished for coming out and speaking the truth? What is so wrong in me reiterating the same facts that are being highlighted by several respected international authorities on the same issue?” he questioned.

Charges faced by the MPs include contempt of court, obstruction of police duty as well as offence of consumption of alcohol. According to the constitution, a member of parliament loses his seat should he be convicted of a criminal offense that requires serving a sentence longer than a period of 12 months.

Likes

(0)Dislikes

(0)

Artur brothers “direct threat to national security”: MP Fahmy

Parliament passed an extraordinary motion today (April 2) expressing concern that cabinet ministers’ connections to the Artur brothers posed a “direct threat to national security”.

Police meanwhile revealed they became aware of the Artur brothers presence in the Maldives in January, and launched an investigation to determine if they had been conducting any illegal activities in the country.

Police Spokesperson Chief Inspector Hassan Haneef told Minivan News police had contacted “relevant government authorities” in January to inform them of the Artur brothers’ links to drug trafficking, money laundering, raids on media outlets, dealings with senior government officials and other serious crimes in Kenya.

He was reluctant to share any further details given that “this is still an open case under investigation”.

Minivan News understands that relevant authorities, including the Maldives National Defense Force (MNDF), Ministry of Home Affairs, and the President’s Office were officially informed in January of the presence of the Artur brothers, even as Tourism Minister Ahmed Adheeb signed a letter seeking residency permits for the pair.

Immigration Controller Mohamed Ali told local media that Artur Sargasyan left the Maldives on Sunday (March 31). Sargasyan first entered the Maldives on a tourist visa in August 2012 and returned again in October, Ali said. Sargasyan’s associate is still in the Maldives at a resort in Male’ Atoll, Ali told local media.

Photos of the Arturs in the company of Adheeb and Defense Minister Mohamed Nazim emerged on social media over the weekend, apparently taken during the Piston Motor Racing Challenge held on Hulhumale’ between January 25 and 26.

One photo showed Artur Sargsyan next to Adheeb and Nazim, while another has him apparently starting one of the motorcycle races at the event, which was organised by the Maldivian National Defence Force (MNDF). Another image showed Sargsyan at the red carpet opening for the Olympus Cinema.

Meanwhile the Artur’s US$6000 bill at the Club Faru resort – recently taken over by the government-owned Maldives Tourism Development Corporation (MTDC) – was paid by a ”top official of the resort management”, according to Haveeru.

Picking up the story today, Kenyan media reported that the brothers’ practice of publicly ingratiating themselves with senior government officials appeared not to have changed.

“The Arturs’ mode of operation where they show up in the company of top and well-connected government leaders appears to have been replicated in the Maldives. Their presence in the Maldives comes days after ousted leader Mohammed Nasheed expressed fear over his life,” reported Kenya’s Daily Nation publication.

Parliament concerned about connections with cabinet ministers

Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy submitted the motion to parliament to raise concerns about the Artur brothers’ presence in the country and their possible connections with Nazim and Adheeb.

“The Artur brothers are a direct threat to national security since they are – true to their old style and from the experiences of other countries – directly linked to the top government officials including Mr Mohamed Nazim who is both the Defense Minister and the acting Transport Minister, as well as Mr Ahmed Adheeb who is the Tourism Minister,” Fahmy told Minivan News.

“These are the most crucial government ministries with which the Artur brothers are looking to have special links to achieve their objectives,” he contended.

Fahmy said the Artur brothers were believed to have carried out “all sorts of serious illegal activities internationally” and that the Maldives “is incapable of handling these notorious conmen from Armenia. They are capable of taking local criminal gangs to different heights.”

Fahmy explained that immigration laws do not permit entry into the Maldives if the visitor is “even suspected” of being involved in human smuggling or trafficking; may be [considered] a national threat, or otherwise may commit crimes against the state.”

“Given all these facts – and that the Artur brothers are world-infamous for carrying out criminal activities of this sort – they were allowed into the country and seen publicly with top government officials,” Fahmy added, alleging that the pair have three meetings with Adheeb and Nazim on Hulhumale’ and on Club Faru.

National security concerns politicised

While the extraordinary motion passed with 27 votes in favour to 10 against, most MPs from non-MDP parties “were not in favor of this serious issue”, Fahmy claimed.

The Parliamentary Committee on National Security will “seriously look into the matter”, however because it is not an MDP-majority committee, Fahmy believes said it would not be easy for the opposition to hold Nazim and Adheeb accountable.

“You could see how much the Artur brothers have penetrated into the parliament from the number of no votes for this motion today,” he claimed.

During today’s parliamentary debate the MDP was accused of being connected with the Artur brothers by MPs, who claimed the Maldivian shareholder in a company registered by the brothers was affiliated with the party.

Ismail Waseem of H. Ever Chance was listed as holding a 3 percent share in ‘Artur Brothers World Connections’, registered in the Maldives in October 2012.

Waseem’s share was subsequently transferred to Abdulla Shaffath of H. Ever Peace on November 25.

“No member holding a position in the party has anything to do with the Artur brothers,” Fahmy claimed. “Instead President Dr Waheed Hassan Manik, or his top government officials, are known to have been directly involved with them. It is this coup-government that has brought those conmen into this country,” Fahmy said.

Today’s parliamentary session was prolonged for an additional hour due to the extraordinary motion submitted.

Denials

Defense Minister Nazim and Tourism Minister Adheeb have meanwhile denied any involvement with infamous pair of Armenian brothers.

“I came to know about them after the rumours started spreading on social media networks. But no country had informed of us anything officially,” local media reported Nazim as saying.

“To my knowledge those two men have left the Maldives,” he said.

Adheeb acknowledged meeting the brothers during the Piston Cup event, but bemoaned to Haveeru how “information about this issue is being spread by the media rather negatively. I have no links with them.”

Speaking to Minivan News, Adheeb reiterated that he had no personal links with the Artur brothers, whom he said had now left the country on his recommendation.

According to Adheeb, the Artur brothers had previously invested in the country through a registered joint venture company with members of the opposition Maldivian Democratic Party (MDP).

Adheeb said he “advised them to leave peacefully and they agreed to sort out their visa and leave. They have now left.”

Likes

(1)Dislikes

(0)

Police deny Amnesty International reports of “excessive force” against demonstrators

Police have refuted “in the harshest terms” allegations of police brutality by Amnesty International, after the human rights body released a statement on June 11 condemning the “excessive use of force” against demonstrators.

Amnesty’s statement followed its investigation of the police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the MDP’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests. Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders.”

In a press release yesterday, police insisted that “the minimum required force” was used to arrest 52 protesters on May 29, which included those who “obstructed police from performing their duty” and “disobeyed and resisted orders” as well as others taken into custody “on suspicion of attempting to inflict physical injury on police officers” and “for behaving in ways that cause loss of public order.”

Minivan News however observed one protester sustain a head injury after he was hit in the head by a baton, and was rushed to hospital in a pickup truck refueling at the nearby petrol shed.

Local daily Haveeru uploaded video footage showing violent confrontations between police and demonstrators during the arrests.

Minivan News also witnessed a cameraman from local TV station Raajje TV being pepper-sprayed by police while he was attempting to film police arresting a demonstrator.

“Incalculable damage”

The police statement noted that a report on the day’s events by a monitoring team from the Human Rights Commission of Maldives (HRCM) “stated in very clear terms that excessive force was not used to arrest those among the demonstrators who threw objects at police, used obscene language and tried to obstruct police duties and that no physical harm was caused by police.”

The HRCM monitoring team however observed a police officer chase two demonstrators and strike them with his baton on the night of May 29. After protesting behind police barricades at the Usfasgandu area, MDP supporters began to gather at the intersection of Chandanee Magu and Majeedhee Magu in the centre of Male’ around 8:45pm.

The police statement explained that force was used to disperse the crowd at the Chandhanee Magu junction after protesters began throwing rocks at police officers from a construction site in the area.

“While six police officers sustained varying degrees of injury during the disturbances that day, two police vehicles were severely damaged,” reads the statement.

It added that police have concluded investigations of five demonstrators taken into custody on May 29 – including MDP MP Imthiyaz Fahmy ‘Inthi’ – and forwarded the cases for prosecution.

Police also noted that “very few complaints” were lodged concerning alleged misconduct and brutality by police officers.

A complaint by Maimoona Haleem, wife of former Foreign Minister Ahmed Naseem, alleging excessive use of force in her arrest was being investigated by the police professional standard command, the statement revealed.

According to the Amnesty statement, ‘Mana’ Haleem was “walking home with her female friend in Majeedee Magu Street when police stopped them and began beating them repeatedly with their batons on their arms, back and hips before taking them in a van to the police station.”

“In her testimony Mana Haleem says: ‘I asked why we were being held, but received no answer. Later, they [police] told us it was because we had not obeyed their orders. We asked them how we could have disobeyed their orders if they had not given any, but they were not interested. I have bruises on my shoulder, my back and my hip.'”

However, the police statement claimed that in addition to a complaint filed at the HRCM by a detained demonstrator alleging the use of obscene language during his arrest, no complaints were lodged at the Police Integrity Commission (PIC), the oversight body for police.

The police statement slammed Amnesty for not reporting the “incalculable damage caused to police officers and property” during the MDP protest.

“Maldives Police Service calls on Amnesty International to clarify information from the relevant authorities and state the facts impartially and without bias when issuing such reports in the future,” the statement reads.

The statement concluded by urging “anyone with a complaint regarding police conduct” to formally lodge complaints at independent institutions.

In previous reports highlighting human rights abuse by police, Amnesty has noted police response denying the allegations and its recommendation that victims complain to HRCM.

“HRCM has told Amnesty International that they have serious limitations in terms of trained investigative staff and dealing with human rights issues in a highly politicised environment is an overwhelming challenge for them,” Amnesty has previously noted.

“By referring cases of police abuse of power to the HRCM, when it is clear that such investigations are beyond its capacity, the government is in effect forfeiting its own responsibility to enforce respect for human rights within the police force,” the organisation noted.

“Minimum force”

In its statement on the May 29 incidents, Amnesty had said that despite police claims to have used “the minimum required force to dismantle the area and arrest unruly demonstrators”, “it is clear that by far the majority of demonstrators were not using violence, and any such incidents cannot be used by police as an attempt to justify the ill-treatment of bystanders and those rallying peacefully.”

“Amnesty International believes that the police response to the demonstrations on 29 May was a clear example of excessive use of force.”

Amnesty’s statement included testimony from a number of protesters, noting that the latest reports “are consistent with many other testimonies Amnesty International has gathered previously.”

“One woman protesting peacefully in Majeedee Magu Street told Amnesty International that police officers suddenly pushed into them, and hit her and other peaceful demonstrators with their riot shields. Police hit them repeatedly on their back, and then pepper-sprayed them, aiming at their face and eyes. She said that police grabbed one demonstrator by the neck, shouted at him to open his mouth, and sprayed directly into his mouth,” the human rights organisation reported.

“Police also beat bystanders who showed no signs of violence. An eyewitness saw a man sitting on a stationary motorbike taking no active part in the demonstrations. Police went for him and hit him on his head with their batons. He lost consciousness. His friends took him to a nearby house where they arranged private medical treatment for him – they did not take him to hospital straight away as they were afraid he would be arrested.”

Amnesty called on countries supplying police and military equipment to the Maldives, particularly pepper-spray, to ensure that the substance was not being used to commit human rights violations.

“Any country that knowingly supplies police or military equipment to a force that uses them to commit human rights violations is itself partly responsible for those violations,” the human rights organisation warned.

“Amnesty International is calling on the government of Maldives to halt attacks on peaceful demonstrators including beating and pepper-spraying; bring to justice any police personnel who have used excessive force; ensure that security forces in the Maldives receive comprehensive training on what constitutes human rights violations, which they should not commit.”

Likes

(0)Dislikes

(0)

Parliament cancelled after MDP MPs protest non-inclusion of police brutality debate

Today’s sitting of parliament was cancelled after MPs of the Maldivian Democratic Party (MDP) vociferously protested the non-inclusion in the agenda of a motion without notice to debate police brutality.

Shortly after the sitting began, Deputy Speaker Ahmed Nazim – presiding in the absence of Speaker Abdulla Shahid – declared that the counselor-general had advised, in reference to section 140(c) of the parliamentary rules of procedure, that MDP’s motion “by its nature was not one that must be debated after setting aside the Majlis’ work.”

Under the rules of procedure, acceptance of a motion without notice opens the parliament floor for a one-hour debate.

Counselor-General Fathmath Filza later posted a message on Facebook explaining that, “The primary object of an urgent motion is to draw the attention of the Majlis to a recent matter of public importance having serious consequences and in regard to which a motion with proper notice will be too late.

“The Standing Orders of the Majlis require the matter proposed to be of such a character that something very grave which affects the whole country and its security has happened, and the Majlis is required to pay its attention immediately by interrupting its normal business. It is therefore, an extraordinary procedure which, if admitted leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance.”

Following Nazim’s announcement, MDP MPs raised consecutive points of order objecting to the non-inclusion in the agenda. Nazim however ruled that points of order could not be raised on the issue, causing an uproar and forcing the Deputy Speaker to adjourn the sitting until 11:00am.

In his point of order, MDP MP Mohamed Riyaz argued that the issues raised in the motion were of urgent concern, as police in uniform were entering private residences to rob expatriates, and police as well as the Human Rights Commission of Maldives (HRCM) had not investigated police brutality against MPs, councillors and civilians on February 7 and 8.

Soon after the sitting resumed, Nazim invoked his authority as the Majlis chair to evict MDP MPs Mohamed Rasheed and Ibrahim Rasheed from the chamber after both MPs continued angrily to raise clamorous points of order.

Nazim adjourned the sitting again at 12:00pm after the MDP MPs refused to leave the chamber.

The Deputy Speaker eventually announced the cancellation of today’s sitting at 1:00pm after only nine MPs were in attendance despite ringing the quorum bell for five minutes. Last week’s sittings were also adjourned numerous times over loss of quorum.

“I have to say with much regret that today’s sitting is over without getting any work done,” Nazim said, adding that “obstruction” of parliament sittings by one of the main parties was “very regrettable.”

Motion without notice

Following the second adjournment today, MDP MP Eva Abdulla tweeted: “Majlis refuses debate on MPS [Maldives Police Service] brutality but starts Freedom of Assembly Bill which ironically defines how much force police can use in a gathering.”

The motion without notice, submitted by MP Imthiyaz Fahmy ‘Inthi’, states that police brutality against civilians since the contentious transfer of power on February 7 had become “systematic.”

Moreover, the motion referred to two police officers in uniform along with a group of plain-clothed police and army officers “intimidating and robbing” expatriates on June 8.

The motion noted that police officers in uniform forcibly entered the premises of the expatriate workers to rob them of their cash and mobile phones, adding that a member of the police investigation team and a Special Operations (S.O) officer were implicated in the robbery.

Inthi’s motion also expressed concern with the arrest of senior police officers on charges of contributing to a report released by two prominent MDP members on the alleged “coup d’etat” that forced the resignation of President Mohamed Nasheed “under duress.”

Likes

(0)Dislikes

(0)

Obstructing sermons “a great war to destroy religion”: Adhaalath

Obstruction of religious sermons across the country by supporters of the ousted Maldivian Democratic Party (MDP) amounts to “a great war to destroy religion”, the religiously conservative Adhaalath Party has claimed.

In a strongly-worded statement released on Sunday, the Adhaalath Party condemned MDP-led protests against visiting Sheikhs in several islands as “lowly and secular acts” allegedly intended to “sow discord in society” and “lead the people astray from Allah’s path.”

In recent weeks, city and island councils controlled by the former ruling party have refused to authorise sermons in mosques by prominent religious scholars of Adhaalath Party, on the grounds that it could “disrupt the peace and create unrest”.

Under the landmark Decentralisation Act enacted in 2010, permission to preach in mosques and other public places must be sought from local councils.

“Obstruction”

In the past month, attempts by Sheikh Ilyas Hussein, head of the Adhaalath Party’s scholar’s council, to preach in Addu City, Male’ City, Baa Atoll Thulhaadhoo and Haa Dhaal Vaikaradhoo were met with refusals by MDP-dominated local councils and angry protests by the party’s supporters.

On May 18, police arrested five people from a group of MDP supporters protesting outside al-Furqan mosque in Male’ during a sermon by Sheikh Ilyas, which saw clashes between rival supporters outside the mosque.

Prior to the unrest, Male’ City Council had asked police to stop the sermon from proceeding. The disturbance in the capital followed a similar dispute between the Adhaalath Party and the MDP-controlled Addu City Council, which had also refused to authorise Sheikh Ilyas to preach.

Local media reported violent clashes between MDP and Adhaalath Party supporters in the southernmost atoll following the Addu City Council’s decision.

Vaikaradhoo Island Council Chair Ahmed Waheed told Minivan News last Thursday that the council denied permission to the Sheikh because “we are certain that we could not control any unrest that might be created if Sheikh Ilyas is allowed to preach here.”

A number of MDP supporters meanwhile protested at the Vaikaradhoo jetty with chants of “traitor” when the Adhaalath delegation arrived, forcing the party leaders to disembark under police protection.

“An effort to eradicate Islam”

“What [the protesters] are saying is that they do not want to listen to religious counsel from scholars sent by the present government,” reads the Adhaalath statement.

“But they have no problem accepting salaries and services provided to citizens by the current government, such as healthcare, electricity, water and other services. Therefore, it is certain that their action is a great war to destroy religion in the guise of political activity.”

As the Maldives is “a 100 percent Muslim country,” the statement continued, religious scholars should not face any obstacle to preach and raise religious awareness among the public.

The Adhaalath Party called on the government to impose “harsh measures” against persons who obstruct religious sermons.

Meanwhile on its official twitter account, the party contended that “the ongoing harassment of scholars is nothing but an effort to eradicate Islam here in Maldives and open up the country to other religions.”

Islamic Minister Sheikh Mohamed Shaheem Ali Saeed – who represents the Adhaalath Party in President Mohamed Waheed’s cabinet along with Housing Minister Mohamed Muizz – told Sun Online today that obstruction of religious sermons was carried out to show the outside world that there were Maldivians “opposed to Islam.”

Councils that refuse to permit religious sermons should be dissolved, the Islamic Minister said, adding however that some MDP-controlled councils had welcomed religious scholars and were cooperating with the ministry.

“Coup-Sheikhs”

In September 2011, following frequent clashes with President Mohamed Nasheed’s administration over various issues— selling alcohol on inhabited islands, making Islam an optional rather than a compulsory subject in secondary school and introduction of ‘religious unity regulations’ – the Adhaalath Party voted to sever its coalition agreement with the former ruling party.

In late 2011, Adhaalath Party teamed up with a coalition of eight political parties and religious NGOs to stage a ‘mega-protest’ on December 23 to ‘Defend Islam’ from an alleged “securalisation agenda” pursued by the deposed president.

Responding to the religious conservative party’s charges today, MDP Spokesperson and Maafanu North MP Imthiyaz Fahmy argued that “the coup itself is the war to destroy the religion, civilisation and democracy in the Maldives.”

“The coup-sheikhs and their partners in crime are the real culprits to blame and no one else,” MP Imthiyaz said. “People of those islands or the vast majority of citizens of the Maldives do not consider them Sheikhs anymore but rebels and traitors. So certainly people will protest against such rebels and coup-sheikhs wherever they go.”

On the role of local councils denying permission to preach “politicised” sermons, Imthiyaz said the party’s councils would “act in conformity with laws and regulations.”

“MDP is an advocate and promoter of a decentralised system of governance,” he continued. “But this coup government has been trying to destroy the system. [Plans to bring] mosques directly under the [Islamic] ministry is such an attempt, thus back to the old days.”

Imthiyaz further argued that the MDP government “freed Sheikhs from jails and allowed them to freely delver speeches and sermons.” Under the 30-year rule of former President Maumoon Abdul Gayoom, a number of religious scholars were reportedly detained and tortured. A number of scholars claimed they had their beards shaven with chili sauce.

“We are the only party which does not use religion as a political tool or exploit religion for that purpose,” Imthiyaz said, adding that the party accorded “the highest degree of respect to religion.”

Likes

(0)Dislikes

(0)

High Court overturns Criminal Court suspension of MP Imthiyaz

The High Court yesterday ruled that the suspension of lawyer and MP Imthiyaz Fahmy for six months by Criminal Court Chief Judge Abdulla Mohamed for alleged contempt of court in February 2010 was unlawful.

The ruling Maldivian Democratic Party (MDP) MP for Maafanu North had appealed the decision in May 2010.

The three-judge panel of the High Court found that the suspension violated principles of procedural fairness and due process for declaring persons in contempt of court.

The judges noted that while the suspension was reported in local media the following day, Imthiyaz was not officially informed of the sanction until March 9, 2010.

Existing regulations however required that contempt of court must be declared either immediately during proceedings or established in a separate trial after offering the opportunity for the contemnor to answer the charge of contempt.

Speaking to Minivan News today, Imthiyaz observed that Chief Judge Abdulla Mohamed faced multiple allegations of misconduct and political bias.

“Whatever do you expect again from a judge whom in fact the Judicial Service Commission (JSC) has decided to take action against for his ethical misconduct?” he asked.

“This judge has a history of such issues. And never have I heard of a judge other than this judge who was in contempt of court by calling his own court ‘a political campaign camp’. One fatal flaw in the judiciary is that judges like him still sit in court.”

In 2005, then Attorney General Dr Hassan Saeed forwarded to the President’s Office concerns about the conduct of Abdulla Mohamed after he allegedly requested that an underage victim of sexual abuse reenact her abuse for the court.

In 2009 following the election of the current government, those documents were sent to the JSC, which was requested to launch an investigation.

“A good judge would always work towards priding himself on his ability to make good quality decisions but Judge Abdulla Mohamed seems to pride himself on something else,” Imthiyaz contended.

“In fact, if anything goes well in his court, it happens quite by chance. And this is inevitable since the independence of judges was not well served by the vetting process that took place in August 2010 by the JSC. There are in fact criminal convicts sitting in courts as judges. The amended constitution does not allow for kangaroo courts like this.”

Likes

(0)Dislikes

(0)

Pillay controversy a missed opportunity to demonstrate nobility of Sharia: President

The Maldives missed an opportunity to demonstrate “the nobility of Islamic Sharia” to the world by reacting in “a Jihadi spirit” to controversial statements made by visiting UN human rights chief last month, President Mohamed Nasheed said at a rally Friday night.

A call for a moratorium and public debate on flogging as a punishment for fornication by UN High Commissioner for Human Rights Navi Pillay in an address to parliament on November 24 was unequivocally condemned by the Islamic Ministry, religious groups and political parties as an unconstitutional challenge to a Quranic precept.

“That the punishments and rulings of Islamic Sharia are not inhumane is very clear to us,” Nasheed said. “We have the opportunity to show the whole world how noble and civilised Sharia is. That is because we are the only Islamic nation with a democratically-elected government.”

“Wasting that opportunity in a Jihadi spirit” with the claim of “defending Islam” was unacceptable, Nasheed told supporters at the Maldivian Democratic Party (MDP) rally at Dharubaaruge, which saw the launching of a ‘Plus One’ campaign to double party membership ahead of the 2013 presidential election.

“Opposition parties will always attack us by using religion as a weapon,” he said. “[But] believe that this country is the only Islamic nation where Islamic Sharia has been practiced uninterrupted for 700 years.”

Islamic chief justices and principles of Sharia law had “a sacred place” in the Maldives’ long history, Nasheed observed, which “will not be shaken.”

“Maldivians are not a people who will allow the slightest harm to Islam,” he said. “We know how civilised the religion of Islam is.”

MDP understood that Islam “brought the world out of jahiliyya [ignorance] onto the path of civilisation,” he continued, adding that the party was committed to protecting the culture and traditions of the country.

In the past three years, he noted, the government spent Rf1.2 billion on “the protection of Islamic faith” (page 200 of the MDP manifesto), including the construction of 40 new mosques across the country.

Nasheed said he had been writing about the decay of the Gemmiskiy in Fuvahmulah, an ancient coral stone mosque, since 1990.

Meanwhile in a press conference on Thursday, seven opposition parties announced it would be joining the coalition of NGOs for a nationwide mass protest planned for December 23 “to protect Islam” against the MDP government’s alleged “anti-Islamic agenda.”

Speaking at the Friday night rally, MDP Vice-President and MP for Feydhoo, Alhan Fahmy, strongly criticised opposition parties and religious groups for objecting to the Pakistani SAARC monument, which contained pagan symbols of the Indus Valley civilisation and a bust of the country’s founder Mohamed Ali Jinah topped by the Islamic crescent symbol.

“The time when people worshiped idols, when people worshiped people and the public worshiped rulers in this country is over and done with,” he said.

Alhan accused religious groups and scholars of the Adhaalath Party for employing “religion as a shield” for political purposes.

“Instead of bringing people from Egypt for Ramadan revival programmes, we gave the opportunity for Maldivian scholars to speak and deliver sermons,” he said, in contrast to the former regime “jailing them and shaving their beards with chili sauce.”

Alhan also argued that accusing senior officials of the MDP government as well as the party’s members of kufr (disbelief) went against Islamic principles in a Muslim society.

He urged the Adhaalath Party to cease “sowing discord” with accusations against fellow Muslims and suggested the religious conservative party “talk about something else if you want to come to power.”

President Nasheed meanwhile suggested that “the people today are too aware and enlightened” to believe the charges laid against the government.

“We know what the people of the Maldives want. We don’t have to watch TV stations to find it out,” he said, referring to the opposition-aligned privately-owned broadcasters DhiTV and VTV.

Nasheed observed that the MDP received 53 percent of the total votes cast in the by-elections for vacant council seats in Alif Alif Himandhoo, Faafu Bilehdhoo and Gnaviyani Fuvahmulah on November 19.

“In 2013, I have not the slightest doubt in my mind that we will take 60 percent of the vote in the first round,” he asserted, claiming that there was “no other party in the country yet” that could meaningfully compete with the MDP.

Likes

(0)Dislikes

(0)