Tag: MPs

Supreme Court orders release of MPs

The Supreme Court of Maldives has overturned a High Court ruling to keep MPs Gasim Ibrahim and Abdulla Yameen under house arrest for 15 days, ordering the immediate release of the high-profile businessmen and minor opposition party leaders.

Yameen and Gasim were detained pending an investigation into alleged corruption, bribery and treason.

A legal team led by former Attorneys General Azima Shukoor and Dr Hassan Saeed, representing the MPs, appealed the High Court decision last week on the grounds that the arrest was unlawful as Gasim was taken to the police station “to clarify something.”

Today’s ruling invalidates both the Criminal Court order to keep the MPs under house arrest for three days and the High Court ruling to extend the period to 15 days.

Chief Justice Abdullah Saeed said there was no room to uphold the lower court rulings granting the police authority to arrest the MPs.

The panel of five judges on the interim court concurred that the evidence presented was not sufficient to keep Gasim and Yameen under house arrest or in custody.

Speaking to press after the verdict, former Justice Minister Dr Mohamed Jameel Ahmed and Dr Hassan Saeed said the ruling was “a victory for separation of powers in the Maldives.”

“Both of them were arrested in violation of the constitution and today this has been proven,” the Dhivehi Qaumee Party leader said.

Mulaku MP Yamin told reporters that the highest court of appeal in the country has ruled that police disregarded the law and the constitution in arresting the MPs.

“This is a victory for the Maldivian people, a complete victory,” said Gasim.

Crowds of PA and JP supporters gathered outside the former presidential palace Theemuge that houses the Supreme Court and High Court, to celebrate the ruling.

The leaders of the opposition People’s Alliance and Jumhoori Party (Republican Party) was arrested on 29 June in the wake of the en masse resignation of the cabinet, who claimed that opposition MPs were obstructing the government with the passage of laws intended to wrest executive power from the president.

The first hearing

At last week’s Supreme Court hearing, police requested that the court abolish provisions in the parliamentary rules of procedure that restrict the detention of MPs.

Ibrahim Riffath, Deputy Solicitor General advocating on behalf of the police in his personal capacity, argued the provisions were unconstitutional as article 88(a) of the constitution only grants authority to the People’s Majlis to formulate regulations for its administration and that MPs’ privilege could not be extended through such regulations.

According to local newspaper Haveeru, another point of contention at the hearing was interpreting article 45 of the constitution, which states everyone has the right not to be arbitrarily detained, arrested or imprisoned except as provided by law enacted by the People’s Majlis in accordance with article 16.

Article 16 restricts Majlis to enacting laws that could limit rights and freedoms to any extent only if demonstrably justified in a free and democratic society.

Grilled by the judge, Mohamed Jinah from police said the law referred to in article 45 was the Police Act, which grants police extensive powers for criminal investigation.

However, former AG Hassan Saeed said it refers to the Criminal Justice Procedures Act, which was being drafted at the same time as the constitution.

Hassan Saeed said the Police Act does not specify how arrests and detentions should be made.

Asked whether such a law existed, he answered no.

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“MDP offered me millions of rufiya to join”: MP Mahlouf

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf has claimed that the Maldivian Democratic Party (MDP) has offered him “millions of rufiya” to join the party.

”I swear by God that MDP once offered me seven million rufiya and later nine million rufiya if I joined them,” said Mahlouf. ”Still, out of the respect I have for certain MDP members I will not reveal their names.”

However Mahlouf said he had sought to file a case with police concerning charges of bribery against MDP MP and Parliamentary Group leader Moosa ‘Reeko’ Manik.

”I am not sure the case will be investigated,” said Mahloof, ”because police will not investigate charges against MDP members.”

He accused President Mohamed Nasheed of “threatening MPs to vote on the government’s side.”

Police Sub-Inspector Ahmed Shiyam confirmed that Mahlouf sent a letter to police requesting they investigate a case.

”We cannot give further information as the investigation is ongoing,” said Shiyam. ”We will go through the letter and take the necessary measures.”

Moosa meanwhile claimed said that ever since MDP had come into administration, the opposition “has tried to defame me in many ways.”

”They loaded bottles of alcohol into my car while I was abroad, and for seven nights and seven days it was on the media,” alleged Moosa. ”Once they even told a radio station that I was an [illegitimate] child.”

Moosa said he had “patiently” been ignoring the claims.

”But I won’t be silent anymore – this time I will file a [counter-claim] for defamation,” he said.

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Adhaalath party calls on MPs not to misuse their powers

The Adhaalath Party has called on Majlis MPs not to misuse the powers given to them by the constitution and to fulfill their responsibilities to the nation and their religion.

”We call on the government ministries and institutions to conduct all their projects in the best interests of the country and in a way that will benefit the immediate and the long term future of the country,” said the Adhaalath Party in a press release. ”We call on the Police and Maldives National Defence Forces (MNDF) not to listen to door-knock of injustice and torture.”

The party said all its members would co-operate to establish peace and harmony in the country.

”We appeal to all the people to work in the best interests of the country and people and to help each other,” the press release said. ”While a government is established to serve the people, the Adhaalath party is very concerned about the challenges the government has to face today. These challenges are causing endless grief.”

The country has reached to a complete deadlock, said the leader of the party, Sheikh Hussein Rasheed. ”It is the responsibility of the three powers of the state to run the country,” he said, ”but they are in conflict with each other and obstructing each other’s duty.” He advised the three powers to co-operate with each other.

The Adhaalath party has recently met with the President Mohamed Nasheed after the entire cabinet resigned, and the party shared the concern of the government that the opposition controlled parliament does not cooperate with the elected government.

”The party will not participate in any activity that is not in conformity with the principles of the party,” it said in the press release.

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CSC and political appointees: Pay cuts (Part II)

In part two of our comparisons between salaries of political appointees and civil servants, Minivan News examines the pay cuts initiated last year, parliament and the government’s promotion of state-owned companies.

The figures reported by Minivan News yesterday represented the fixed salaries of both political appointees and civil servants. The pay cuts made to salaries last October meant a 20 percent reduction for political appointees and a 15 percent reduction to civil servants’ salaries.

Press Secretary for the President’s Office, Mohamed Zuahir, said starting on 13 May 2010, civil servants and political appointees will get a 7 percent reimbursement from the government, which will go into a pension fund.

“Meaning those who had a 15 percent reduction will now only have an 8 percent reduction,” Zuhair noted.

Most members of the civil service are in the middle management services, who earn anywhere from Rf 7,680 to Rf 10,106 after the pay cuts. This rank includes directors, senior technical officers and deputy and assistant directors.

The wages of Permanent Secretaries have also been queried, as they are civil servants working for political appointees. They are not in the regular structure but are linked to deputy ministers.

Their fixed salaries were originally of Rf 20,500 plus Rf 15,000 for allowances. After the 20 percent pay cut which started in October 2009, they now earn a total of Rf 28,400 a month. This makes permanent secretaries the highest paid members of the civil service, followed by professors who now earn Rf 20,280 after the pay cuts.

Civil servants and political appointees

The figures obtained by Minivan News show the highest number of political appointees are island councillors, with 168 across the country. After the pay cuts, they are making Rf 9,600. In total, the government is spending Rf 1,612,800 per month on island councillor’s salaries alone.

The figures also show that 35 state ministers and 55 deputy ministers are currently working for the government. State ministers are currently being paid Rf 37,600 a month, while deputy ministers get  Rf 28,400 per month, after the 20 percent salary reductions.

Together, the wages for state and deputy ministers add up to Rf 2,878,000 per month.

Despite Parliament’s decision to pass the decentralisation bill without the provinces act, and the government’s promise to reduce political appointees, former Utility Development Director at the President’s Office, Ahmed Nasheed, was appointed Deputy Minister of State for the South-Central Province yesterday.

His wages bring the figure up to Rf 2,906,400 each month.

Government-owned companies

Another point of contention has been the creation of government-owned companies which have been transferred from the civil service, such as the Malé Health Services Corporation.

Those who are critical of the salary cuts for civil servants have argued the government is still technically paying the wages of those working in these companies, which means government expenditure on wages has not reduced.

Zuhair said the creation of these companies was not only to reduce the civil service, but “it is also a more practical model.”

He said these companies are “self-sufficient and depend on earnings as a commercially viable business,” and are now relying more on Private Public Partnerships (PPPs) than on government subsidies.

Zuhair noted although many state-owned companies such as STELCO were receiving government subsidies in the past, new policies mean they will not be subsidised any more. “MNBC salaries were given out based on revenue,” he added.

Parliament

MPs are currently earning Rf 62,500 a month, and are among the few sectors paid by the state who did not take a pay cut last year.

Parliamentary sittings take place three days a week, and there are three Parliament sessions a year. The sessions are held for three months and are followed by a one-month break.

Maldivian Democratic Party (MDP) MP for Hoarafushi, Ahmed Rasheed, said he would not support a reduction to MPs’ salary cuts because he is always helping his constituents by giving them money of his salary. “I am not using a single rufiyah from my salary,” he said. “Last month, I spent Rf 134,600 for my island’s people. When you look at it like that, 62,500 is not much.”

Rasheed said this money was used mostly for medical purposes, including bills from IGMH and even air fares to Sri Lanka for medical treatment.

He said people from his island “are very poor, and right now they don’t know what to do.”

Dhivehi Rayyithunge Party (DRP) MP for Galolhu South, Ahmed Mahlouf, said if the economic situation was really that bad, “then yes, of course we would agree with lowering our salaries.” But, he said, “DRP and other opposition MPs don’t believe that the salary of any servant should be reduced.”

He said “Maldives is not going through such a bad economic stage,” adding that “even during the tsunami salaries weren’t reduced.”

Mahlouf said no one’s salaries should have been reduced, and “if we agreed to reduce it, it would mean we agree with the economic situation being that bad. That is why we are fighting for their rights.”

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Resolution on standards of conduct presented to parliament

A resolution governing standards of conduct of MPs has been presented to the parliament by Independent MP Mohamed Nasheed.

MP Nasheed said the objective of the resolution was to establish a standard of conduct for all the MPs with their support, and to see if MPs could follow it.

Maldivian Democratic Party (MDP) member ‘Reeko’ Moosa Manik said that the problem in the parliament was not that there was no standard of conduct or law.

”It’s the pressure and anger that one has when they lose the luxury received during a certain administration,” he said. “The law will remain there, but there will still be no control over the parliament.”

He said that he did not support narrowing the rights of MPs as they had to fulfill their responsibilities.

Dhivehi Qaumy Party (DQP) MP Riyaz Rasheed condemned the resolution and said he had lost one night’s sleep due to it.

”We have the right to claim whoever presented this bill on judgment day,” he said. ”This resolution takes away all our rights,”

Peoples Alliances MP Abdul Azeez Jamaal Abu Bakur said he believed he supported the purpose of the resolution, which was to form a standard of conduct.

”To make good use of our minds means maintaining our discipline,” he said, ”or else we are falling into the category of wild animals.”

Dhivehi Rayyithunge Party (DRP) MP Abdulla Mausoom said he was concerned about the resolution and said he had also lost sleep over it.

”I believe it’s important to pass this resolution,” he said, ”but with some amendments.”

MDP MP Alhan Fahmy said that the resolution should not be brought to the floor.

”It is not a must for us to do as the America’s specific house or how India’s specific place does,” he said. “The people have elected people who have reached the level of conduct they expect in the parliament.”

DRP MP and Vice President Ilham Ahmed said that it was necessary to form a standard of conduct.

”We have witnessed scenes when some people unplugged the microphones in committee room and broke the glass of the name notice board,” he said. ”And it’s embarrassing to say we have also witnessed a scene when an MP pull down his zip.”

He said that to avoid repeat performances, the standard of conduct was necessary.

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Politicians sponsoring gang violence, say police

The Maldives Police Service (MPS) has claimed some politicians are using gangs to cause unrest, intimidate people and attack opponents.

Police said that last week’s violent political clashes between major political parties, Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP), were tied to gang violence.

Police Sub-Inspector Ahmed Shiyam confirmed that “police have learned some politicians have used gang members to create unrest.”

He said that while the MPS currently could not disclose the names of politicians linked to inciting gang violence, he assured that police “will take legal action against people suspected of being involved in recent violent demonstrations and attacks.”

Minivan News spoke to three gang members on 25 March, two of whom said although they were generally uninterested in politics, they had received financial support from politicians who would pay them for protection and to attack their opponents.

Better things to do

Shiyam added that because members of the special operation had been forced to concentrate on containing the political violence, there had been a corresponding spike in gang violence, burglary and street theft.

All of these had fallen when the special operations team began their work earlier this month, he said.

Shiyam said the special operation had returned to its work again in full force.

Last week, Deputy Commissioner of the MPS Mohamed Rishwan also said the recent political violence was hampering work and diverting resources from the special operation to curb gang-related crimes.

“As a consequence a large number of officers had to stop their work and interrupt their service to the people to go out to control and watch over political activities,” Rishwan said.

Press Secretary for the President’s Office Mohamed Zuhair said police acknowledgement of politically-motivated gang violence was “a very serious statement [by police].

He noted that members of the MDP have previously accused senior DRP-PA politicians of being connected to gangs, “but police saying it makes the matter more urgent and credible.”

During his opening speech to the Maldives Donor Conference 2010, President Mohamed Nasheed referred to the matter, stating: “I don’t care whether you are a gangster, or whether you are a senior politician controlling the gangsters – if you attack, or orchestrate attacks, this government will take appropriate legal action.”

Zuhair said he hoped police would forward the relevant cases to the Prosecutor General so that they could be resolved in the courts.

Spokesperson for the MDP, Ahmed Haleem said “violence was normal under the previous regime, and DRP are doing the same thing now.”

Haleem said the DRP was trying to harm the country by trying to “stop aid and funds” from international donors.

He said the MDP was “a bit concerned” about politicians being tied to gang violence, “because some DRP MPs are physically involved in violence.”

DRP Vice President and Spokesperson Ibrahim Shareef said the party performed “peaceful protests, not the inciting of violence”, and said police would be making statements “based on their opperational experience.”

“Many DRP meetings have been disrupted by MDP activists, who attack with stones and swords,” Shareef said, adding that shops and houses of DRP members had also been vandalised in the violence over the weekend.

“We are constantly receiving threatening calls from the MDP,” Shareef said, adding that “the ruling party should be more responsible and should not use the gangs.”

“There is a lot of gang violence connected to MDP, and I am worried that it is difficult to control our own activists because they have no protection.”

“If people see the ruling party is inciting violence,” Shareef warned, “the country will lose its peace.”

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Couple attacked during Earth Hour

Police have arrested a man for attacking two people who were walking during Earth Hour, reports Miadhu.

According to police, the incident took place near Galolhu National Stadium at around 11.30 pm on Saturday. A 26 year-old man and a 46 year-old woman were the victims of the attack.

Police said the man was attacked and the woman injured when she tried to defend him.

Police said the man received a cut on his forehead, but neither victim had serious injuries. They were released from ADK hospital after treatment.

Police added the suspect was arrested on Sosun Magu by Police with held from bystanders on the road, as the man was trying to flee.

The Serious and Organised Crime Unit of Maldives Police Service is investigating the incident.

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Adam Naseer sues police to reclaim frozen assets

Adam Naseer has sued the Maldives Police Service (MPS) for withholding his assets after the High Court froze the money earlier this month, as part of an ongoing investigation against him.

Naseer, labelled as one of the top six drug dealers of the country by the government, was arrested in July 2008 by police on drug charges.

He was acquitted by Judge Abdul Baary Yousuf in the Criminal Court in late February 2010. The judge cited lack of evidence to convict Naseer.

The Prosecutor General’s office then appealed the case to the High Court and requested the freezing of Naseer’s assets which were being held by police, and amounted to over Rf5 million (US$460,000) in cash.

On 8 March the High Court ruled that Naseer’s assets be frozen and held by police until the investigation and subsequent case are finalised.

Naseer filed a law suit against the MPS, claiming he is experiencing financial difficulties, as reported by Miadhu. His claim was heard at the High Court yesterday.

The PG and Attorney General’s office are defending the MPS in this case in a “joint effort” with Deputy Solicitor General Ibrahim Rifath, who is acting as the main primary litigator in the case.

Deputy AG Abdulla Muizzu said Naseer is claiming assets which are not related to the alleged drug offence.

Deputy PG Hussain Shameem also said some of the documents Naseer is seeking are not covered under the High Court’s ruling.

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Parliament cancelled when only 18 members show up

Parliament was cancelled today because only 18 MPs were present inside the parliament chamber.

MDP MPs had sent a letter to the speaker of the parliament asking him to ensure them that the chamber “was safe for MDP MPs”, after a brawl broke out yesterday between the two major parties.

According to the parliament’s regulations at least 20 MPs must be present inside the chamber to hold a meeting.

MDP MP Rugiyya Mohamed said 89 per cent of MDP MPs attended the parliament ”but did not enter inside the chamber due to what happened yesterday.”

Ruhiyya said that the MDP parliamentry group had sent a letter to the speaker of the parliament to ensure that the chamber would be safe for the MDP MPs, but had not responded.

”I believe that Abdulla Shahid is influenced by Dhivehi Rayyithunge Party (DRP),” she claimed. ”He cannot even control the parliament.”

DRP Vice president Umar Naseer said MDP MPs were attempting to prevent a vote regarding the corruption allegations against the Auditor General Ibrahim Naeem, as they “are afraid of democracy.”

”Shahid must stand on our side,” Naseer said. ” He was elected to the parliament by our ticket with the vote of our members.”

DRP MP Abdulla Mausoom said he had no idea why the MDP MPs refused to enter the chamber.

”It was a waste of one day for me.” he said. ”I went to parliament with the hope of discussing a national issue.”

He said that it was fine “even if two [MPs] came.”

MDP MP Mohamed Shifaz said the MDP MPs “are not sure that the chamber is safe for them any more.”

Spokesperson for the President Mohamed Zuhair said it was up to the speaker to hold consultations with party leaders and get the MPs back into the chamber.

“The government believes politicans should only defeat their opponents through speech,” he noted.

During a meeting yesterday, DRP MP Ali Waheed said if the vote was not taken tomorrow, the party “will make sure no more votes are taken in this country.”

“It will be the biggest political mistake President Mohamed Nasheed makes,” he warned.

In response, Zuhair accused DRP MP Ali Waheed of pretending to injure himself in video footage of yesterday’s brawl.

“He was at the back of the chamber and clearly takes a dive. But then he is a former footballer so he would know all about that,” Zuhair said.

Waheed did not to respond to Minivan News at time of press.

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