Tag: PG

Maumoon Hameed and Criminal Court Judge Muhuthaz Muhsin nominated for prosecutor general

President Abdulla Yameen has nominated his nephew Maumoon Hameed and Criminal Court Judge Muhuthaz Muhsin for the vacant post of prosecutor general (PG).

The 17th People’s Majlis had rejected Hameed for the position in March. However, he is expected to win the post as Yameen’s Progressive Party of the Maldives (PPM) holds a majority in the new Majlis.

The 18th People’s Majlis was sworn in on May 28.

Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the relevant responsibilities.

Yameen refused to submit a new nominee to the 17th Majlis during the crisis and opened up a third call for applicants.

In addition to Hameed and Muhsin, former Tourism Minister Mariyam Zulfa, state prosecutor Fazna Ahmed, and Drug Court Judge Mahaz Ali applied for the position.

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Maumoon Hameed among applicants for prosecutor general position

Four current judges have applied for the latest opening for the position of Prosecutor General (PG) according to local media.

The names reported include Criminal Court Judge Muhuthaz Muhsin, Drug Court judges Mahaz Ali Zahir and Abdul Sattar Abdul Hameed, as well as Baa Hithaadhoo Magistrate Court Judge Ummu Kulsoom Aboobakuru.

Additional applicants include the former Tourism Minister Mariyam Zulfa and state prosecutor Aishath Fazna Ahmed.

Prominent lawyer Maumoon Hameed has applied for the PG post for the second time, after being rejected by the People’s Majlis four months after he was first put forward by his uncle, President Abdulla Yameen.

The PG’s position has been vacant since former PG Ahmed Muiz resigned from the post prior to a scheduled no-confidence vote last November. The opposition MDP brought the motion after suggesting Muizz had failed to take action against security forces who mutinied on February 7, 2012.

Prior the full house’s failure to approve Hameed’s nomination, the Majlis’ oversight committee had recommended that Hameed not be approved for the position, with committee chair Rozaina Adam telling Minivan News that the nominee had failed to meet the group’s assessment criteria.

The recent resignation of the acting prosecutor general Hussain Shameem has thrown thrown the justice system into confusion, with both state prosecutors and courts unsure of the legal validity of ongoing trials.

Despite calls to reconvene the Majlis, the government has maintained that cases can continue until the 18th Majlis begins its first session later this month.

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Criminal Court refusing to accept serious cases, Deputy PG tells MPs

Deputy Prosecutor General (PG) Hussain Shameem has told MPs on parliament’s independent institutions committee that serious cases are pending at the PG office due to Criminal Court’s procedure on accepting cases.

Serious cases of corruption, drugs and child sex abuse had not reached trial because the Criminal Court was refusing to accept the cases, he said.

The court was informing the PG office that cases should be filed at the magistrate court on the home island of the accused, Shameem explained, noting that magistrate courts could not hear drug cases and that in most cases the suspect was residing in the capital.

The Criminal Court in December last year suspended all ongoing cases and decided not to accept new cases filed by the PG office, claiming the court cannot proceed with trials in the absence of a PG.

In February this year, the Criminal Court started accepting new cases after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

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Majlis committee approves candidates for PIC and MMA, rejects prosecutor general nominee

Parliament’s independent commission’s oversight committee has interviewed and decided upon appointees to the posts of Maldives Monetary Authority (MMA) Governer, and Prosecutor General (PG), as well as a member of the Police Integrity Commission (PIC).

The committee’s Deputy Chair Rozaina Adam told Minivan News that the committee had approved nominees based on a grading scheme, and that each nominee needed to get over 75 percent of marks to be approved.

“Nominees for two of the posts we discussed yesterday received the required percentage of marks, the other didn’t. Approvals are based on a preset grading scheme, and not on members’ opinions,” Rozaina explained.

The committee approved Dr Azeema Adam for the post of Governer at MMA and Aiminath Rukshana to be a member of the five member PIC.

Presidential nominee for the post of Prosecutor General, Maumoon Hameed, did not receive sufficient marks for approval.

Dr Azeema Adam has served at the MMA since 1991. She is currently serving as Assistant Governor and Chief Economist, Monetary Policy, Research and Statistics at the MMA.

Adam has a PhD in Economics from the University of Canberra and a Masters Degree in International Development and Finance from the University of Leicester.

Her nomination for the governors role came after Yameen had previously forwarded the name of Ibthishama Ahmed Saeed, an associate director at the Bank of Maldives, before withdrawing it amid suggestions the candidate was not qualified for the role.

Previous governor, Dr Fazeel Najeeb, resigned in December citing personal reasons – though he urged the government to reduce expenses and refrain from printing money during his final press conference.

Presidential nominee to the police watchdog body, Aiminath Rukshana, also received the required 75 percent marks. Rukshana is originally from Liyaage in Maafannu ward of Malé City.

Presidential nominee to the post of prosecutor general, lawyer Maumoon Hameed was not able to receive the required percentage of votes.

The PG’s position has been vacant since former PG Ahmed Muiz resigned from the post prior to a scheduled no-confidence vote. The duties of the PG are currently being temporarily conducted by Deputy Prosecutor General Hussain Shameem.

After a running dispute with the PG’s Office over the acceptance of cases following the expiry of the constitutionally mandated period for appointing a new PG, the Criminal Court resumed accepting new cases after repeated interventions by the Supreme Court.

President Abdulla Yameen has recently accused the opposition Maldivian Democratic Party – holder of a majority of seats in the oversight committee – of obstructing the government’s attempt to appoint a new PG.

Lawyer Maumoon Hameed is the son of the Gayoom administration’s Atolls Minister Abdulla Hameed, and the nephew of incumbent President Yameen and ruling Progressive Party of Maldives leader Maumoon Abdul Gayoom.

MP Rozaina Adam stated that the committee will present the report on its decision to the parliament speaker on Tuesday.

A final decision on the appointments will be taken through a parliamentary vote. The vote has thus far not been scheduled on agenda.

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PG drops contempt charges against former AG Suood

The Prosecutor General’s (PG) Office has decided not to prosecute former Attorney General Husnu Suood on charges of contempt of court, local media has reported.

In January, the Supreme Court suspended Suood and barred the prominent lawyer from all courts pending a court-ordered police investigation of alleged contempt of court.

The former AG had represented the Elections Commission (EC) in the election annulment case before being thrown out and barred from proceedings.

The apex court contended that Suood’s alleged remarks in social media, criticising its judgment annulling the first round of last year’s presidential election constituted contempt of court.

The PG’s decision came after police forwarded the case for prosecution upon completion of its investigation.

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Criminal Court accepts cases from PG after second Supreme Court order

Read this article in Dhivehi

The Criminal Court has today started to accept new cases submitted by the Prosecutor General’s (PG) office after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

“It is essential that the criminal justice system proceeds as it has done to uphold the rule of law as per the constitution. Hence, we order the Criminal Court to continue trials in ongoing cases, to continue to rule on essential issues such as pre-trial detentions within the criminal justice system as before, and to accept cases submitted by the Prosecutor General’s Office,” the Supreme Court order read.

The Criminal Court in December suspended all ongoing cases and decided not to accept new cases filed by the PG office, claiming the court cannot proceed with trials in the absence of a PG.

Former PG Ahmed Muizz resigned from his post in November shortly before the parliament was due to vote on a no confidence motion.

The Supreme Court on deputy PG Hussein Shameem’s request ordered the Criminal Court to restart trials. The court began hearings in ongoing cases, but refused to accept new cases.

The lower court argued that the order had stated cases must be accepted as per regulations – which it suggested could be breached by beginning trials in the absence of a new PG.

With the new order, the Criminal Court subsequently accepted 20 new cases today.

Shameem has said the backlog of cases pending at the PG office has now reached 533 with the Criminal Court’s recent stance. This figure includes 196 cases of suspects in pre-trial detention.

Speaking to Minivan News today, Shameem said it would now take over a month to clear the backlog.

“We will together work with the Criminal Court and hope for greater cooperation in the future,” he said.

The Human Rights Commission of Maldives on Monday called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

The Supreme Court is at present holding trial over the Elections Commission (EC) claiming the commission has disobeyed the court’s orders by dissolving political parties.

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Human Rights Commission concerned over delay in PG appointment

Read this article in Dhivehi

The Human Rights Commission of the Maldives (HRCM) has called on the People’s Majlis to expedite the appointment of a Prosecutor General (PG) stating the delay violates citizens right to justice.

The commission has said the delay in appointing a PG affects a citizen’s right to seek justice, especially criminal justice, and has called on all three branches of the state to uphold the Constitution.

Former PG Ahmed Muizz resigned from his post in November shortly before the parliament was due to vote on a no-confidence motion against him.

A month later, the Criminal Court suspended all ongoing cases and decided not to accept cases filed by the PG’s Office, claiming that the constitution stipulates a new PG must be appointed within 30 days of vacancy.

The Supreme Court ordered the Criminal Court to restart trials, but the court has refused to accept new cases, only resuming those already started. Deputy PG Hussein Shameem then sought a second Supreme Court order, with the Criminal Court again refusing to cooperate.

The lower court has argued that the order stated that cases must be accepted as per regulations – which it suggests would be breached by beginning trials in the absence of a new PG.

Shameem has responded to the court’s claims by pointing out that it had failed to specify which regulations the PG’s Office has violated.

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

He has argued that the Majlis’ delay in appointing a PG must not obstruct a citizen’s right to seek justice.

The backlog of cases pending at the PG office as a result of the Criminal Court’s refusal to accept cases has now reached 533, Shaheem has revealed – this figure includes 196 cases of suspects in pre-trial detention.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded 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 one 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 meet was unsuccessful as MDP MPs had opposed it.

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Chief Justice calls on Majlis to hasten PG appointment

Chief Justice Ahmed Faiz has called on the parliament to hasten the appointment of a new prosecutor general (PG).

Speaking at the inauguration ceremony of the Drug Court’s development structure, the Chief Justice noted that parliament had been conducting extra sittings to conclude unfinished work, and that it was possible to appoint a PG during one of those sittings.

The Criminal Court decided in January that it would not accept any cases submitted by the PG’s Office, and that it would halt all existing cases as the PG position had been vacant for over 30 days.

Deputy Prosecutor General Hussein Shameem today said that he was yet to receive any response from the apex court regarding an appeal for assistance in the matter, made over two weeks ago.

Faiz noted that each day that passed without a PG was a day on which he felt concern. He expressed regret that one half of the criminal justice procedure was now ineffective, and that the constitutional time frame to appoint the new PG had passed.

Furthermore, Faiz said that if the constitution mandates to do something during a specific duration of time it has to be done in that period. The constitution states that if the position of PG becomes vacant a new person must be appointed in 30 days.

Faiz presided over Supreme Court proceedings during the annulment of the 2013 presidential election first round – though the chief justice himself opposed the ruling. The delays resulting from the verdict’s guidelines subsequently led to the extension of the legally mandated presidential term of office, prompting fears of a constitutional crisis.

Speaking to Minivan News today Deputy Prosecutor General Hussein Shameem said that the Supreme Court had still not responded to a letter sent by his office complaining about the Criminal Court’s decision.

‘’We called the Supreme Court today also to ask about the response but we were unable to get a word from the Supreme Court regarding the issue,’’ he said.

He stated that it was not for him to make the Supreme Court and parliament accountable and there was nothing he could do about it.

‘’Next week we will decide what to do,’’ he added.

On November 25, former PG Ahmed Muiz submitted his resignation just as parliament was set to debate a no-confidence motion against him.

Last month, Shameem said that the laws did not prohibit the deputy from taking over the responsibilities of the PG should a new person not be appointed within the required 30 days.

He also expressed concern that there were people held in pre-trial detention who were to be kept there until their trials were concluded.

“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 appoints a new PG,’’ Shameem said.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post, submitting the name to parliament for MPs’ approval.

The issue was sent to the Majlis independent commissions committee, with the group subsequently deciding to seek public opinion before sending Hameed’s name to the parliament floor. The Majlis is now on recess and will not re-commence work until March.

On January 9, the Supreme Court had ordered the Criminal Court to continue pending trials, saying that the criminal justice system must proceed in order to maintain constitutional rule.

The Criminal Court announced it would not reconsider its decision to stop accepting cases, but decided to continue with cases that were already filed at the court.

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Criminal Court fines man for eating during fasting hours of Ramadan

The Criminal Court has on Thursday fined a man MVR150 for eating during the fasting hours of Ramadan in 2011.

The local media identified the man as Subhee Ismail Mahir of Maafannu ward.

Online newspaper Sun reported that the Prosecutor General’s Office had charged Subhee for breaking the fast by drinking a Coca-Cola bottle standing near a shop named ‘Monalals’, without any valid reason to do so.

Sun reported the Criminal Court’s ruling as stating that this was the first time Subhee was found guilty of a crime of this type and that he is sentenced under article 88 of the penal code.

According to the paper the court ordered him to pay the fine in seven days.

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