Tag: parliament

MDP MP Abdulla Jabir sentenced to one year

The Criminal Court has today sentenced Maldivian Democratic Party (MDP) MP and parliamentary elections candidate for Kaashidhoo constituency Abdulla Jabir to one year in prison .

The court found him guilty of refusing to provide his urine sample to the police to run a drug test, and sentenced him to twelve months under the Drug Act 17/2011 article 123(a)(b).

The verdict published on the court website stated that on November 16, 2012, Jabir was arrested as a suspect in a drug related case and that police asked him to produce his urine sample to which he clearly refused according to the witnesses produced by the Prosecutor General’s Office.

The verdict stated that, although Jabir had claimed that he was tortured by the witnesses produced by the state, and that the police did not follow the correct procedure when asking for a urine sample, Jabir was not able to prove these accusations to the court.

Article 73(c)(2) of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Article 73(c)(3) states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

MDP MP Ali Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz were disqualified from the Majlis by the Supreme Court in a controversial ruling over decreed debt in October.

Jabir was set to re-contest his Kaashidhoo seat next month after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

A house in Malé owned by the MP was raided by police earlier this month. Three men were arrested and drugs and alcohol were seized, though it was reported that Jabir does not live in the building.

MDP Parliamentary Group Leader Ibrahim Mohamed ‘Ibu’ Solih was unavailable at time of press and Jabir was not responding to calls.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Seven of the suspects, including Maldivian Democratic Party MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk as well as a Bangladeshi named Suhail Rana were taken into custody following the island raid.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki and the three foreign suspects complied with the request.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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EC receives complaints of damage to campaign banners and posters

Read this article in Dhivehi

The Elections Commission (EC) has said that it is receiving complaints of damage being done to campaign material – such as posters and banners – from most candidates contesting in the parliamentary elections.

The commission requested people not do anything that could violate the electoral rights of candidates, and called upon both candidates and supporters to work according to the code of conduct given in Article 23 of the “People’s Majlis Election Regulation 2013”.

EC president Fuwad Thowfeek said that the commission was receiving a number of such complaints everyday, particularly from Malé City.

“Such acts could disrupt social harmony, and we request everyone refrain from doing any such thing. Parliamentary candidates want to serve the public, and involvement in such things is not a very good start, said Thowfeek.

“While it is not our first preference, we will have to take legal action too. We will seek police assistance in controlling such things.”

He requested that campaigners paste posters only where it is permitted according to the regulations. During the presidential elections in 2013, the EC received a number of complaints regarding anti-campaigning, though Thowfeek noted that no such issues had come up this time.

“But we urge candidates and supporter to refrain from anti-campaigning. We will take action against them,” Fuwad said.

Last week, the Adhaalath Party issued a statement condemning acts violating their Hulhuhenveiru candidate Dr Mohamed Iyaz’s electoral rights. The party claimed that posters of some Maldivian Democratic Party (MDP) candidates were pasted over Iyaz’s posters and that his campaign banners were cut down.

The MDP candidate for Henveiru North, MP Abdulla Shahid, has also filed a similar complaint with the EC. Shahid’s campaign office said that his campaign posters and banners in the Henveiru North area were ripped and replaced with Progressive Party of Maldives (PPM) candidates’ campaign material.

Campaign activities for the parliamentary elections are escalating as the election scheduled for 22 March draws near.  A total of 316 candidates are competing for 85 seats this election, more than sixty percent of candidates representing political parties.

Earlier this week, the Environmental Protection Agency requested that all contestants ensure that campaign material does not litter the streets of the country, as was often the case during the presidential poll.

Th opposition Maldivian Democratic Party (MDP) is running for all 85 seats, while the ruling PPM has divided the seats among their coalition members, with the party retaining just 50 seats.

The remaining seats were divided between Jumhooree Party and the Maldives Development Alliance. The Adhaalath Party and the Dhivehi Rayyithunge Party are also competing in the election, while 125 independent candidates will also contest.

EC yesterday opened for voters re-registration for those intending to vote at a polling station other than that listed with the commission. The deadline for re-registration is 28 February.


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Backlog of cases at PG’s Office reaches over 500

The backlog of cases pending at the Prosecutor General’s (PG) Office has reached 533 as a result of the Criminal Court’s refusal to accept cases, Deputy PG Hussain Shameem has revealed.

Speaking at a joint press conference with the Maldives Police Service (MPS) on Thursday, Shameem said that the growing backlog included 196 cases of suspects in pre-trial detention.

Expressing concern with the stalled process, Shameem noted that the Supreme Court on February 6 ordered trial courts to proceed with cases submitted by the PG office.

“I couldn’t think of what else I could do apart from getting a [court] order from the highest stage [of appeal] in the country. I can’t grab their hand and force them to accept,” he said.

The PG’s office was filing cases at the Criminal Court every day despite the court’s refusal to accept them, Shameem said, adding that a case involving the stabbing of an MPs’ wife and child was submitted on Thursday.

“So what do they do now, it would not be fair to keep [suspects] in [remand detention] until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem told Minivan News previously.

An official from the Criminal Court meanwhile told local media last week that the Supreme Court order stated that lower courts must accept cases filed in accordance with regulations.

“The cases being submitted now in the absence of a prosecutor general are not in line with regulations,” he was quoted as saying by online news outlet CNM.

Shameem however told Minivan News that the court should specify the clause of the regulation it was accusing the PG office of violating.

“There is no such regulation. I have not seen a regulation that says so,” he insisted.

Vacant PG post

Shortly before parliament was due to vote on a no-confidence motion against him, former PG Ahmed Muiz submitted his resignation in November last year.

A month later, the Criminal Court decided not to accept cases filed by the PG’s office as the post had been vacant for 30 days, noting that the constitution stipulates a PG must be appointed within that period.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the post, but parliament broke for recess at the end of the month after forwarding the nominee for vetting by the independent institutions committee.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party (MDP) to the government-aligned Jumhooree Party – told newspaper Haveeru shortly after the Supreme Court issued its order that the vetting process was stalled due to lack of cooperation from political parties.

While a committee meeting scheduled to take place during the ongoing recess to interview the nominee was canceled upon request by pro-government MPs, Sameer said a second attempt to hold the meeting was unsuccessful because MDP MPs opposed it.

New mechanism

Meanwhile, at Thursday’s press conference, Shameem said the PG’s office has been working with the MPS since November 25 to expedite the filing of cases at court.

In the past, Shameem explained, police forwarded cases upon completion of their investigation, after which the PG office either sends it back to clarify further information, rejects the case or files it at court.

The slow process prompted complaints from the public and posed challenges to securing convictions as trials often began months after the crime occurred and witnesses were unable to recall what they saw, Shameem said.

However, he added, investigations of serious crimes now proceed under the guidance of prosecutors.

Under the new system, police officers have been meeting with state prosecutors at the earliest stage of the investigation to discuss cases, Shameem said.

After mutual discussion, the PG’s office decides whether or not to prosecute based on the available evidence, Shameem explained.

Since the new mechanism was put in place, Shameem said police officers and prosecutors have held 195 meetings to discuss 164 cases, out of which the office decided to file 32 cases.

“Now we don’t send cases back to clarify further information. The 21 days it normally takes to make a decision regarding a case has been shortened to three or four days,” he said.

Following initial consultation with investigating officers, Shameem said the prosecuting attorney asks the police to clarify further information within a specified period.

“The police have been very good. They find the information within that period and get back to us. After clarifying all the information, we then decide whether to prosecute the case at court or not,” he said.

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Majlis committee to summon police for clarification on Alhan stabbing case

Parliament’s privileges committee has decided to summon police officers next Sunday to clarify details of how the investigation into the attack on Maldivian Democratic Party (MDP) MP Alhan Fahmy is proceeding.

Speaking to Minivan News, MDP MP Imthiyaz ‘Inthi’ Fahmy, who submitted the case to the committee, described the incident as a murder attempt.

Alhan was stabbed in Malé on February 1 while at the Breakwater cafe in the artificial beach area.

“It is a concern to the whole parliament,’’ Inthi said. “It undermined the privilege of all the MPs, that’s why I sent a letter to the committee.’’

He said that a meeting was held regarding the case, and the committee had decided to ask police to send officers who could provide details of the investigation.

Inthi noted that the police were not sharing information with the public as they did during the investigation into the October 2012 murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali.

“So under the right to information we need to clarify this information,’’ he said, adding that the meeting with the police had been scheduled for 1:30pm on Sunday February 16.

Similarly, a source within Alhan’s family – speaking to Minivan News on condition of anonymity – said that police had not been cooperative thus far.

“Twelve days have passed now and we have tried many different ways to get information on the investigation,’’ he said, adding that he was sure the arrested persons were the assailants.

The Criminal Court yesterday extended the detention period to fifteen days for the two suspects arrested in the case. A third suspect was arrested, but was released soon after.

The family member said today that there was now a small movement in his leg, though doctors were unsure how long it will for him to fully recover.

During the attack, Alhan received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

“He still cannot sit, stand or walk and can’t talk a lot because he does not have energy,’’ said the family member. “We are still discussing sending him to Singapore and we also sent the surgery report to the doctors in Singapore where they have said it was done well and there were no issues.’’

The attack was politically motivated and well organised, stated the source, who noted that Alhan’s car had been followed three days prior to the incident.

MPs condemning the attack earlier this month suggested it may have been carried out by powerful local gangs working on the orders of political paymasters.

The source said that Alhan might not be able to be actively involved in his campaign for re-election in the Feydhoo constituency, where he intends to run as an independent after losing what he claims was an unfair party primary.

Though the MP’s family were critical of the MDP’s decision not to repeat the primary vote, local media were told this week that Alhan would continue to promote the MDP’s policy and ideology if re-elected.

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Supreme Court initiates contempt charges against EC, begins surprise trial

Read this article in Dhivehi

The Supreme Court has pressed contempt of court charges against the Elections Commission (EC) and held an unannounced hearing today under new regulations that allow the apex court to initiate charges and hold trial.

“The [Supreme Court] judges believe comments made by the Elections Commission in various forums on the court’s decisions and orders are contemptuous of the court. Today’s hearing is on our own initiative,” Chief Justice Ahmed Faiz said.

In addition to allegations of contempt of court, the EC is being charged with allegedly violating a Supreme Court order by dissolving eight minor political parties.

All four EC members were handed summons yesterday to attend the Supreme Court. However, Minivan News understands EC members and lawyers were not informed the Supreme Court would hold trial today. Case documents were only given to the commission a few minutes before trial began.

EC lawyer Hussein Siraj requested the Supreme Court to allow the commission an opportunity to research case documents and respond accordingly.

After a five-minute discussion break, Faiz agreed to the commission’s request and adjourned the hearing. He said a date for the next hearing would be announced later.

Five of the seven Supreme Court judges presided over today’s hearing, including Chief Justice Ahmed Faiz, Judge Ali Hameed, Judge Abdulla Saeed, Judge Ahmed Abdulla Didi, and Judge Adam Mohamed Abdulla.

Sumoto regulations

New regulations, titled ‘sumoto’ and publicised on February 6 allow the Supreme Court to initiate trials against any organisation or individual.

The defendants must be allowed the right to defend themselves, the regulations state.

The seven-member judge panel will preside over sumoto cases unless the Supreme Court decides otherwise.

“[The Supreme Court] must refer to how free and democratic countries act in such cases, in a manner that does not contradict the constitution of the Maldives,” the regulations state.

Contempt of court

Faiz said that the EC had made remarks in various press conferences that amounted to contempt of court, and which violated Article 145 of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution.

EC President Fuwad Thowfeek has previously criticised evidence used by the Supreme Court in annulling the first round of September’s presidential elections.

Four of the seven judges claimed that dead and underage voters had been allowed to vote, though it later emerged that several of those listed as deceased were in fact alive while several individuals listed as minors were in fact eligible to vote.

The EC has also said a 16-point electoral guideline imposed by the Supreme Court was “impractical”.

A leaked report by the Human Rights Commission of the Maldives has also questioned the evidence, noting that the Supreme Court does not have the authority to delineate guidelines.

Political Parties Act

The EC is also being charged with violating a January 9 Supreme Court order, which invalidated an EC order to smaller political parties requiring raising their membership to 10,000.

The EC had sent the letter as per Article 27 of the Political Party Act that states that it must give political parties a three-month deadline to increase party membership to 10,000.

The Supreme Court on January 9, however, ruled that the letter was invalid as the apex court had in September struck down Article 11 of the Political Party Act. Although the Supreme Court had not expressly struck down Article 27 in its initial verdict, the January 9 order said Article 27 was no longer functional.

Speaking to Minivan News before today’s trial, Fuwad said the EC had not disobeyed the Supreme Court’s order, saying that he believed the court may be referring to the EC’s decision to dissolve eight parties on February 6 for failing to reach the mandatory minimum of 3,000 members.

“While most of these parties are not active at all, the Elections Commission made a public announcement in 2013 to find out where their offices were located as letters and other documents sent to the parties were not being delivered,” the EC stated in a press release at the time.

“We also note that these parties to whom funds have to be released every year from the state budget have not been regularly submitting audit reports to the Elections Commission.”

As inactive parties were provided large amounts of state funding, the EC noted that dissolving the parties would alleviate the strain on the state budget.

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Supreme Court orders Majlis to expedite PG appointment

The Supreme Court issued an order Thursday night instructing “all relevant state institutions” to expedite the appointment of a new Prosecutor General (PG).

The apex court order (Dhivehi) noted that the constitution did not envision the post remaining vacant and stipulates that it must be filled within 30 days of a vacancy.

Referring to the “principle of necessity” and the importance of the criminal justice system continuing to function to ensure rule of law, the Supreme Court also ordered trial courts to accept and proceed with cases submitted by the Prosecutor General’s office.

Following the lapse of the 30-day period for the parliament to appoint a replacement for former PG Ahmed Muiz, the Criminal Court decided to halt all ongoing cases pending the appointment.

Muiz submitted his resignation on November 25 last year, shortly before parliament was set to debate a no-confidence motion against him.

In late January, Deputy PG Hussain Shameem wrote to the Supreme Court seeking its assistance in resolving the dispute.

Shameem told Minivan News at the time that there were more than 150 cases at the office that needed to be filed at the Criminal Court, including cases of suspects held in pre-trial detention.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen nominated his nephew Maumoon Hameed to the post of Prosecutor General.

The nominee was forwarded to parliament’s Independent Institutions Committee for review.

The committee’s chair, MP Ahmed Sameer – who recently defected from the opposition Maldivian Democratic Party to the government-aligned Jumhooree Party – told newspaper Haveeru shortly after the Supreme Court issued its order that the vetting process was stalled due to lack of cooperation from political parties.

While a committee meeting scheduled to take place during the ongoing recess to interview the nominee was canceled upon request by pro-government MPs, a second attempt to hold the meeting was unsuccessful because MDP MPs opposed it.

“I am ready to hold the meeting even tonight if they request it,” the MP for Haa Alif Dhidhoo was quoted as saying.

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PPM primary tickets awarded to 13 persons by default

The Progressive Party of Maldives (PPM) has selected 13 of its allocation of 49 candidates to contest in the upcoming parliamentary elections without primary races, after no competitors came forward.

According to the party, there are nine incumbent MPs among the 13, with the other four being new candidates.

Laamu Fonadhoo constituency was won by party Deputy Leader and MP Abdul Raheem Abdulla, Villimaafannu constituency was won by MP Ahmed Nihan, Galolhu South constituency by Ahmed Mahloof, Eydhafushi constituency by Ahmed ‘Redwave’ Saleem, Faafu Nilandhoo constituency was won by MP Abdul Muhusin Hameed, and Haa Alifu Kelaa constituency was won by MP for Haa Dhaalu Vaikaradhoo Ali Arif.

Meanwhile, Dhiggaru constituency was won by Deputy Speaker of parliament Ahmed Nazim, Fuvamulak South constituency was won by MP Abdulla Maseeh Mohamed, Vilifushi constituency was won by MP Riyaz Rasheed, Henveiru South by Mohamed Riyaz, Thaa Guraidhoo by Hussein Manik Dhon Manik, Thinadhoo North Saudhulla Hilmy, and Haa Alifu Baarah constituency was won by Ibrahim Sujau.

The party has said that tickets for other constituencies will be given after holding primaries. PPM Secretary General Yumna Maumoon was not responding to calls at the time of press.

An estimated 140 PPM supporters in Laamu atoll held protests last Saturday following the apparent decision to grant the Maavah constituencyticket to incumbent MP Abdul Azeez Jamal Abu Bakr without a primary. Locals expressed disappointment with the incumbent’s performance over the past five years.

Coalition member, the Adhaalath Party, has today revealed that it is waiting for the PPM to allocate constituencies in which it will be permitted to run on behalf of the governing Progressive Coalition during the parliamentary election.

The governing coalition – which also includes the Jumhooree Party (JP), and the Maldives Development Alliance (MDA) – recently reached a deal on reserving a set number of seats for each party.

Of the 85 seats, the PPM will contest 49, the JP will contest 28, and the MDA will contest 8 seats.

Speaking to the press today Adhaalath Party’s spokesperson Ali Zahir said the party had informed the PPM about the constituencies Adhaalath hopes to compete in.

Zahir said that the PPM had told Adhaalath that it was possible to give some of the proposed constituencies, but that it had not yet given a final answer.

Previously Adhaalath Party tried to negotiate with the JP, led by Gasim Ibrahim, but the two had contradicting views on how to divide the constituencies among both parties.

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Referendum on death penalty not permitted, says Islamic Minister

Islamic Minister Dr Mohamed Shaheem Ali Saeed has criticised MP Ahmed Mahloof’s proposal to conduct a public referendum on whether to enforce the death penalty.

“Seeking public opinion on how to proceed on an issue that has been determined by Islamic Shariah cannot be permitted,” the senior Adhaalath Party member tweeted today.

The Progressive Party of Maldives MP yesterday declared his intention to submit a resolution to parliament on holding a public referendum on reintroducing capital punishment.

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Parliament approves government’s revenue raising measures

Parliament today passed three bills submitted by the government to raise additional revenue anticipated in the 2014 state budget.

The revenue raising measures approved today include hiking the Tourism Goods and Services Tax (T-GST) from eight to 12 percent in November, reintroducing the discontinued US$8 bed tax starting this month, and requiring resort lease extension payments to be made within two years.

While the two amendments to the Tourism Act were voted through 38-18, the amendment to the Goods and Services Tax Act was approved 39-18. The changes will take effect once signed into law by the president.

The passage of the amendment bills was greeted with applause from government-aligned MPs.

MPs of the opposition Maldivian Democratic Party (MDP) voted against all three pieces of government-sponsored legislation, contending that the tax hikes would adversely affect the tourism industry.

“Numbers will not match”

The government had initially proposed collecting resort lease extension fees within three months, collecting bed tax throughout this year, and raising T-GST in July.

However, the parliamentary subcommittee that reviewed the legislation consulted the Maldives Association of Tourism Industry (MATI) last week and recommended revising the government’s proposals.

Representatives from MATI opposed continuation of the bed tax alongside the T-GST increase.

Appearing before the subcommittee, MATI Secretary General Ahmed Nazeer also questioned the practicality of collecting resort lease extension fees upfront.

Only 17 out of more than 100 resorts offered the opportunity by the administration of former President Mohamed Nasheed to extend leases with a lump sum payment were able to do so, Nazeer said.

Resort owners had amended their lease agreements to pay extension fees in installments during Dr Mohamed Waheed Hassan’s administration, Nazeer noted, and revising agreements for a third time could present legal challenges.

Government-aligned Jumhooree Party Leader Gasim Ibrahim – who chaired the subcommittee – meanwhile told local media following the revisions that the bed tax and T-GST hike would overlap in November, after which the former would be discontinued.

The decision was made to compensate for the loss of income from the bed tax in January, the business magnate and resort owner explained.

Finance Minister Abdulla Jihad told local media last month that the Majlis’s failure to extend the bed tax would result in a revenue shortfall of MVR100 million (US$6 million) a month.

Moreover, in the wake of the subcommittee’s revisions, Jihad warned that the projected MVR 3.4 billion (US$224 million) in additional revenue – which accounts for 18 percent of the record MVR17.95 billion budget passed for this year – could not be realised in full due to the changes.

Following remarks by Progressive Party of Maldives MP Moosa Zameer at the subcommittee last week – suggesting that pro-government MPs supported abolishing the bed tax in favour of increasing T-GST – Jihad told Minivan News that the government’s stance had not changed.

“It has not changed. And if the government does not go on with the bed tax, the numbers will not match in the budget,” he said.

Meanwhile, parliament yesterday accepted for review amendments submitted by the government to revise import duties.

In addition to raising tourism taxes and custom duties, other revenue raising measures proposed by the government include raising airport departure charge for foreign passengers from US$18 to US$25, leasing 12 islands for resort development, and introducing GST for telecommunication services.

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