Tag: president’s office

Maldives High Court overturns flogging sentence for 15 year-old charged with fornication

The High Court has today overturned a Juvenile Court decision to sentence a 15-year old to 100 lashes after she was charged with fornication.

The case of the minor, who was previously found to have been a victim of sexual abuse, has garnered global media attention and condemnation from numerous human rights groups.

At the same time, an online petition calling for her sentence to be revoked has been being signed by over two million people.

Despite today’s hearing being held behind “closed doors” (as per Article 42 of the constitution), the High Court later released a statement with details of the verdict.

According to the statement, the High Court decided to revoke the minor’s sentence after she denied confessing to having consensual sex with an unknown partner during the Juvenile Court trial.  Authorities previously said the minor had confessed to having consensual sex during a separate investigation into her sexual abuse.

According to Islamic Fiqh scholars, a confession of fornication can be retracted before the resulting sentence is carried out in full, the High Court statement added.

It was further noted by the court that there were discrepancies in the statement given by the girl to the Juvenile Court. The High Court concluded the minor, found to be suffering from post-traumatic stress disorder, was also unable to correctly define pre-marital sex according to the law.

The High Court argued that its verdict had been based on the evidence that the girl was ‘unfit for trial’ during investigations into her alleged abuse and the subsequent Juvenile Court hearings against her.

The court said that the minor had provided her original statement in the capacity of a ‘victim’ and not a suspect, and that authorities had therefore not given her the fundamental rights legally required of a suspect in a crime.

The statement concluded by saying that the panel of judges presiding over the case did not believe that the Juvenile Court had enough evidence to prove beyond any doubt the charges against the girl.  ‘Hadd’ sentences cannot be issued unless a crime can be proved beyond any doubt, the High Court argued.

To date, the girl remains under the care of the state, serving the sentence of house arrest at the children’s shelter on Vilimale’.

Successful appeal

The High Court verdict was issued after the conclusion of an appeal case against the Juvenile Court’s ruling, which was submitted by the Attorney General’s Office on March 27.

In January, the Prosecutor General’s Office claimed that charges of fornication had been raised against the girl “after extensive assessment of the case”, and that they had “no intention of reversing the decision”.

According to local media, Attorney General Azima Shakoor and officials from the Human Rights Commission of Maldives (HRCM) were present at the closed door hearing held today (August 21).

Vice President of the HRCM, Ahmed Tholal, stated that the commission had worked to protect the victim from the beginning of the case.

“It is due to the negligence of all state authorities that the case went as it did, subjecting her to an undeserved sentence while she was already a victim of abuse,” he said.

President’s Office Media Secretary Masood Imad described the High Court ruling as a “fantastic” development that he believed vindicated President Mohamed Waheed Hassan’s stance to have the flogging sentence overturned through the Maldives’ court system.

“The president has continued to stress his intention of having the case overturned by following the process of law. He has got it done by law, which is fantastic,” he stated.

Masood added that the government’s determination to have the sentence overturned was “typical” of President Waheed’s tenure as head of state since coming to power in February 2012.

Asked what impact today’s judgement might have on the government’s previously stated commitment to overseeing legal reforms of the treatment of sexual abuse victims and the use of flogging as a punishment, Masood requested contacting the Attorney General’s Office.

Attorney General Azima Shakoor was not responding to calls at time of press.

Victim accused

In June 2012, the victim gave birth to a baby that was later discovered buried in the outdoor bathroom at her residence. Her stepfather was subsequently charged with sexual abuse of a child, possession of pornographic material, and committing premeditated murder.

Meanwhile, her mother was charged with failing to report child sexual abuse and with concealing a crime.

In January, an official of the Prosecutor General’s Office stated that the charges of fornication were levied in relation to a separate offence of premarital sex that had emerged during the police investigation into the baby’s death.

Sources from Feydhoo, in Shaviyani Atoll, where the girl is from, previously told Minivan News that islanders had raised concerns regarding the minor as far back as 2009. Local people were said to have suspected that the girl had been the victim of sexual abuse, not just by her stepfather, but also by a number of other unidentified men from the island.

The Attorney General’s Office appealed the case on March 27.  The announcement was made on the back of appeals from international human rights advocacy organizations and Avaaz.org, which launched an online petition – gaining over two million signatures.

The UN at the time released a statement which noted allegations that the child had been a victim of long-standing sexual abuse:

“Under international legal human rights obligations of Maldives, corporal punishment, including flogging, amounts to cruel, inhuman or degrading punishment or even to torture.”

Meanwhile, the religiously conservative Adhaalath Party, which heads the Ministry of Islamic Affairs in the current administration, previously declared that the 15 year old rape victim “deserves the punishment”.

“The purpose of penalties like these in Islamic Shariah is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts of torture,” said the party.

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Budget shortfall leads Maldives to seek $US29.4 million Bank of Ceylon loan

President Mohamed Waheed has requested parliament approval to obtain a US$29.4 million loan from the Bank of Ceylon to finance the government’s budget and manage cash flow.

The Ministry of Finance and Treasury is seeking to secure the loan as a way to “enforce” the 2013 budget approved by parliament, stated a letter from the President’s Office read during a parliament session held on Tuesday (August 13).

The Finance Ministry informed the President’s Office that the Bank of Ceylon would provide the Maldives’ government a loan of US$29.4 million, at a six percent interest rate, to be repaid within six years in monthly payments of US$490,000, according to local media.

The Government of Maldives believes the short term loan offers “good terms” and will provide the support necessary to finance the state budget and cash flow. The President’s Office letter also noted that the graduation of the Maldives from least developed country status has made it “extremely difficult” to obtain loans with low interest rates.

Previously, upon parliament’s approval of the 2013 budget, it was agreed that the state could not take out loans with interest rates that exceed seven percent.

The President’s Office Bank of Ceylon loan request has been forwarded to parliament’s finance committee.

Foreign loans for “fiscal problems”

In 2012, President Waheed reportedly said he would not resort to borrowing from foreign governments in order to finance government activities.

“I will not try to run the government by securing huge loans from foreign parties. We are trying to spend from what we earn,” he was reported to have told the people of Nilandhoo Island.

However, the government has sought a number of foreign loans to supplement the state budget.

Last month, the government confirmed it was in discussions with Saudi Arabia, seeking a long-term, low interest credit facility of US$300 million to help overcome “fiscal problems”.

President’s Office Spokesperson Masood Imad confirmed President Waheed had held discussions with senior Saudi Arabian dignitaries including Crown Prince Salman bin Abdulaziz Al Saud over the proposed credit facility, during his recent visit to the country.

“The president has initiated the talks so it is just a matter of working out the details now,” Masood said, explaining that the funds would be used for “budget support” and development projects.

In September 2012, President Waheed told Reuters that China will grant the Maldives US$500 million (MVR7.7billion) in loans during his state visit to the country.

The loans, equal to nearly one quarter of the Maldives’ GDP, would include $150 million (MVR2.3billion) for housing and infrastructure, with another $350million (MVR5.4billion) from the Export-Import Bank of China, reported Reuters.

China’s aid was hoped to provide an immediate salve to the government’s financial ailments, which at the time included a MVR 9.1 billion ($590million) budget deficit.

Additionally, the government was seeking a US$25 million state loan from India required to support the state budget for the remainder of 2012. The loan was delayed after the Maldives’ government failed to submit the requested paperwork, a diplomatic source from the Indian High Commission in the Maldives previously revealed.

The US$25 million loan was agreed as part of the $US100 million standby credit facility signed with Prime Minister Manmohan Singh in November 2011.

It is not clear whether the foreign loans from India and China have been received, or whether parliament has approved the state obtaining loans from Saudi Arabia or Sri Lanka’s Bank of Ceylon.

Finance Minister Abdulla Jihad as well as Deputy Speaker, Parliamentary Financial Committee Head, and People’s Alliance (PA) MP Ahmed Nazim were not responding to calls at time of press.

Failure to fill budgetary gaps

Finance Minister Abdulla Jihad claimed back in late December 2012 that the MVR 15.3 billion (US$992 million) state budget approved by parliament might not last until the end of 2013 – requiring supplementary finance for the state.

In April 2013, Jihad sought authorisation from parliament to divert MVR 650 million (US$42 million) allocated for infrastructure projects in the budget to cover recurrent expenditures.

Jihad warned that government offices and independent institutions might be unable to pay salaries orelectricity and phone bills if funds were not transferred from the MVR 1.8 billion (US$117 million) Public Sector Investment Programme (PSIP).

Earlier in April, Jihad also announced that the government had decided to delay all new development projects that were to be financed out of the state budget due to shortfalls in revenue.

The decision to suspend new projects was revealed after Housing Minister Dr Mohamed Muiz told local media at the time that he had been instructed not to commence any further infrastructure projects included in the 2013 budget, such as harbour construction or land reclamation.

“Reckless financial management”: MDP

In July, Maldivian Democratic Party (MDP) MP and Spokesperson Hamid Abdul Ghafoor said that the heavily partisan parliament now effectively controlled state finances as a result of former opposition politicians – now part of President Waheed’s government – imposing tighter spending restrictions on former President Mohamed Nasheed’s administration.

Ghafoor argued that with the MDP failing to recognise the legitimacy of the present government due to the controversial transfer of power last February, he did not believe there would be support for approving the credit agreement with Saudi Arabia due to the government’s existing extravagant borrowing levels.

The party accused the current government of reckless financial management, pointing to a potential US$1.4 billion compensation bill facing the state for deciding last year to abruptly terminate a US$511 million airport development contract agreed with infrastructure group GMR.

The compensation claim amounts to four times that of the Maldives’ current state reserves should it be awarded by a Singapore court overhearing arbitration hearings between GMR and the government.

“Since we do not see this government as legitimate, we do not see why we should support them,” he said. “They have put us into debt with their handling of the airport development and another bill for a border control system.”

Earlier in July, Malaysian security firm Nexbis invoiced the Department of Immigration and Emigration for US$2.8 million (MVR 43 million) for the installation and operation of its border control system technology in the country, in line with a concession agreement signed in 2010.

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Museum staff express concern over moving artifacts to host Independence Day event

National Museum staff and Male’-based arts NGO Revive have expressed concern over plans to move delicate exhibits for upcoming Independence Day celebrations to be held in the museum.

“We at the national museum believe the museum’s objects are very valuable and cannot be replaced if anything happens to any of the items,” National Museum Director Ali Waheed told Minivan News.

“I am concerned, we are not happy about this,” Waheed said.

He said that the President’s Office had sent a letter about holding the Independence Day event to the Tourism Ministry, which had in turn notified their Department of National Heritage.

“The department only informed us about the event three days ago,” Waheed claimed.

He said there were concerns that National Heritage Department Director General Zakariyya Hussain had not consulted museum staff about whether holding the event in the museum would be sensible.

“Zakariyya gave the approval but he didn’t say anything to us. He didn’t want to talk about it. At least he has to ask if this is good or not,” he claimed.

The President’s Office meanwhile said it had not been informed of the museum staff’s grievances, while rejecting claims that there would be any issues with holding such an event in the museum.

The President’s Office held an Independence Day event at the National Museum last year, which posed the same challenges to staff as it took place during Ramazan. The permanent exhibition items had to be shifted internally and placed against the walls to clear the middle of the hall, according to Assistant Curator Ismail Ashraf.

“[However,] it was quite different last year because there were many political issues and they were not able to get another venue,” noted Ashraf.

“During last year’s ceremony government agency heads and parliament members attended and there was no damage to the objects,” he continued. “However, there is the risk and probability of something happening [this year] when 400 plus people will be attending.”

Staff accepted that a similar event to celebrate the 2012 Independence Day had been held at the museum without incident – although the guest list is anticipated to be larger this year.

President’s Office Spokesperson Masood Imad told Minivan News yesterday (July 22) that the government did care about preserving Maldivian culture and heritage, but dismissed concerns that there were any politics involved in the event.

“There is enough time [for museum staff to prepare], we have not been informed [holding the event is problematic],” said Masood. “Nobody feels it is an issue. Minivan News is not the party that should be spreading these concerns, this is not a claim the museum staff are making, Minivan News is actually,” Masood said.

NGO Revive has meanwhile said it plans to submit a petition, signed by National Museum staff, to the President’s Office tomorrow (July 24) requesting the government reconsider its decision to hold the July 27 Independence Day celebrations inside the National Museum.

National Museum concerns

“We are caring about these things very much. The objects are very, very old and delicate. If they are moved several times, it may cause damage. I am responsible for their safety and security,” Waheed told Minivan News.

“I submitted a letter to Director General Zakariyya Hussain at 1:10pm on Monday (July 22) that we [the museum staff] are not responsible [for the damage that may be caused] when the objects are side by side in the hall,” he claimed.

Ashraf the assistant curator echoed Waheed’s sentiments that moving the artifacts to accommodate the event risked damaging them.

“It’s a permanent exhibition and we will have to move everything [on the ground floor] away to make a walkway for people for the ceremony,” Ashraf told Minivan News. “There are many artifacts to have to move, and having to do so quickly poses a risk of damaging the objects.”

“The other risk is that lots of people come in and not all will think the same way we do, [so] it is a risk that people may touch or take,” he continued.

Ashraf explained said that since the museum only has six permanent staff, the Maldives National Defence Force (MNDF) is supposed to help with moving the artifacts.

“They can help move the very heavy things, but we have to be there to supervise. We are in charge and if there is any damage [caused to the items] we are responsible,” he said.

Since it is currently the holy month of Ramazan, the amount of work National Museum staff can accomplish in preparation for the Independence Day event is also limited due to restricted working hours, Ashraf explained.

“In the month of Ramazan, museum hours are 9:00am to 1:30pm. This Independence Day event will take place Saturday night and Sunday  morning we have to open the museum [to visitors],” he noted.

Ashraf urged the President’s Office to hold the event in another location.

“This year there are other options, so why still choose the National Museum?” he asked.

“The National Art Gallery has a full hall empty for temporary exhibitions, with enough space for the ceremony”.

Ashraf also noted that artifacts were destroyed “the day the government changed”, during former President Mohamed Nasheed’s controversial transition of power last year – by people with “different thoughts” to those of the museum’s staff.

“A mob of people took advantage of the lack of security,” he explained. “These things happened and the risk [of it happening again] is still there. It shows the government doesn’t have much interest in this work,” he alleged.

Civil society support

Revive, a local NGO which works in collaboration with the National Archives and National Museum, has advocated in support of the museum staff’s concerns surrounding the event.

“I’m very surprised the government [is holding this event] but are not able to arrest those who vandalized the museum last year,” Revive President Ahmed Naufal told Minivan News.

“Moving permanent exhibitions is not done anywhere in the world, only temporary exhibitions,” Naufal explained.

“National Museum staff have a low budget and are unable to preserve [everything],” he continued. “There is a high risk items will be destroyed by moving the exhibition.”

National museum staff have signed the ‘Revive Petition’, which calls on the government to reconsider its decision to hold the Independence Day celebrations inside the National Museum, as it would require moving the permanent collection of artifacts which could cause damage that cannot be restored.

“Fifteen staff have signed the petition. That’s everyone who came to the [National] Museum and Heritage Department,” noted Naufal.

“This includes the only Maldivian archaeologist from the Heritage Department, Shiura Jaufar and the National Museum Director.”

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Police arrest man after group threatens to throw President’s Office adviser off ferry

President’s Office adviser Ahmed ‘Topy’ Thaufeeq has alleged to local media that he was verbally and physically harassed by supporters of the opposition Maldivian Democratic Party (MDP) as he tried to travel to Hulhumale’ on a public ferry yesterday (July 19).

A reporter for Sun Online claimed to have personally witnessed Thaufeeq being forced to leave the ferry at about 12:30am on Friday before it embarked on its journey. Local media reported that a group, apparently supporters of the MDP, began pushing Thaufeeq as he tried to sit down, before using abusive language and threatening to “throw him off the boat”.

Police confirmed that a 28 year-old male had been arrested on charges of indecent assault over an incident involving Thaufeeq. Police said nobody was injured in the incident, while the individual arrested at the time was not believed to be linked to any particular party.

Thaufeeq was not responding when contacted today.

President’s Office “appalled”

President Office Media secretary Masood Imad, travelling outside of Male’ at time of press, said he had not been personally made aware of the alleged harassment of Thufeeq. Masood did however call on members of the public to exercise restraint no matter their political affiliation in the build up to this year’s presidential election.

“I am surprised and am appalled, this is just not acceptable,” he said of the reported harassment of a President’s Office official. “All parties must exercise restraint before the election and be conscious of the impression we give to the international community. Irrespective of political party, we all want a transparent election.”

Masood told Minivan News that he had not himself been personally confronted by individuals while out on the streets of the Maldives, though he accepted there had been occasions where he was verbally abused by groups, who allegedly called him a ‘baaghee’ (traitor).

“It is the people calling others ‘baaghee’ who are the baaghees,” he said.

Masood claimed that he was personally careful to “mind my own business” when he was out in Male’, limiting the possibility of confrontation.  However, he said that Thaufeeq would have had very little option but to use the public ferry to travel to Hulhumale’.

“From our view, in the remaining days up to the election – presently scheduled for September 7, 2013 – people must exercise restraint with emotions and feelings running so high,” he said.

Opposition concern

The MDP today distanced itself from the alleged harassment, while questioning whether those involved truly did belong to the party.

MDP MP and Spokesperson Hamid Abdul Ghafoor instead accused of the government of wishing to create conditions where the upcoming election would not be held, adding therefore that the opposition party was wary of giving any reasons to create such a situation through violence.

“We do not believe that this is really involving our supporters or those belong to the party’s colours necessarily,” he claimed. “We believe that there are attempts to smear us as a party.”

However, Ghafoor claimed that considering the controversial nature of the transfer of power that brought the present government into office on February 7, 2012, there was significant public anger towards individuals affiliated with the state.

Former President Mohamed Nasheed – presently the MDP’s presidential candidate for this year’s election – resigned from office on February 7, 2012 after sections of the police and military mutinied against him. Both Nasheed and the MDP later alleged he was ousted in a “coup d’etat”, accusations later dismissed by a Commonwealth-backed Commission of National Inquiry (CNI) that concluded there had been no coup, no duress and no mutiny.

With the MDP continuing to accuse police of violent conduct and politically-motivated arrests, Ghafoor said he had not been surprised that some government figures may face public anger in the current political climate.

“From my party’s view, they have brought this on themselves when they sided with mutineers,” he added.

Despite the claim, Ghafoor said he believed the MDP had been the most responsible party since the transfer of power by advocating for political rather than violent solutions, instead accusing government-aligned parties of turning to “thugs” to destabilise the election process.

“Things are simmering right no, so it is a major concern of the party that we do our campaigning peacefully,” he said.

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President’s Office announces Ramadan working hours

The President’s Office has announced that its official working hours during Ramadan will be between 9:00am to 1:30pm.

The reduced working hours, which will come into effect for the Islamic holy month, are the same as those adopted in previous years, according to the President’s Office website.

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President Waheed removes ‘Reynis’ Saleem from JSC

The government has today dismissed Mohamed ‘Reynis’ Saleem from his role as the president’s member to the Judicial Service Commission (JSC) over allegations he commissioned gangs to retrieve money owed to him.

An official from JSC –  the judicial watchdog institution – confirmed receiving a letter from President’s Office informing the commission of Saleem’s removal from the oversight body.

In May, Saleem was summoned to the police for questioning over allegations he had used gangs. Police have now concluded the investigation and sent Saleem’s case to the Prosecutor General’s Office for prosecution.

Newspaper Haveeru reported last week that attempts made by police to arrest Saleem stalled after the Criminal Court refused to grant an arrest warrant.

An appeal by the police following the denial also failed after the High Court backed the Criminal Court’s decision to deny the arrest warrant.

Saleem has meanwhile denied allegations of wrongdoing, claiming in local media that he had not resorted to illegal means in retrieving money owed to him.

A police media official told Minivan News that no further details could be provided on the case at present as investigations were ongoing.

According to local media, the President’s Office stated that the decision to remove Saleem from the JSC had been prompted by the potential criminal prosecution expected to follow as a result of the police investigation.

Saleem was appointed to the JSC after President Mohamed Waheed took office in February 2012 following former President Mohamed Nasheed’s controversial resignation amidst a violent mutiny by elements of the police and military.

Apart from the President’s appointee to the JSC, the commission is comprised of the Attorney General, the Speaker of Parliament, a representative from the Parliament, a representative from the High Court, a representative from the Supreme Court, a representative from the lower courts, Chair of Civil Service Commission, a representative from the public appointed by parliament and a representative from registered lawyers in the country.

Saleem has also been accused of having close ties with aides of former President Maumoon Abdul Gayoom and his family.

Saleem was also the defence counsel of Deputy Speaker of Parliament Ahmed Nazim – a member of Gayoom’s Progressive Party of Maldives (PPM) – in criminal cases concerning an alleged scam to defraud the now-defunct Ministry of Atolls Development.

Earlier this week, the High Court concluded hearing witness statements in the state’s appeal of a Criminal Court decision to acquit Nazim on charges of corruption.

Nazim stands accused of receiving more than US$400,000 through fraudulent transactions made by a company he was found to own.

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Maafushi Prison inmates petition president over poor conditions

Inmates in Maafushi prison have petitioned President Dr Mohamed Waheed over poor conditions in the prison.

In the petition, the inmates stated that there were people in the prison sentenced to be incarcerated for more than 100 years, calling for the chance to reintegrate into society.

According to the petition, the inmates alleged they were being deprived from basic human rights guaranteed by the constitution, regulations made under the constitution and international treaties the Maldives had signed.

The inmates said that some of the cells were so small there was no space to kneel towards the Qibla during prayer time. They complained they had been able to perform Friday prayers for the past four years and had not been provided with healthy food and clean water.

According to the petition, the daily amount spent on food for each inmate had dropped from MVR95 (US$6.16) to just MVR35 (US$2.26).

The inmates called on Dr Waheed to take urgent measures to ensure food and clean water were provided in the cells.

‘’There are inmates who have serious medical conditions, who are advised by doctors to take medication accordingly, but the prison officers are not providing them the medical treatment as asked by the doctors,’’ the petition stated.

The inmates referred to one incident in which an inmate identified as Mohamed Ibrahim of Seenu Hithadhoo was refused medical treatment, which allegedly resulted in his appendix bursting inside his stomach while he was in the cell.

The petition also claimed that when inmates travelled to Male’ by sea, they were handcuffed to the back of the vessel with no prison officer on standby, which was against safety regulations.

The inmates also claimed that prison officers had banned inmates from marrying another inmate.

The inmates said they regretted remarks by former Home Minister Dr Mohamed Jameel alleging that inmates were homosexual, and alleged the banning of marriages in prison was intended to force inmates into homosexuality.

The petition called on the state to allow inmates to marrying inmates of the opposite sex ,and to fix issues the Maafushi Prison.

President’s Office Spokesperson Masood Imad told Minivan News that the office had not received the petition.

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Pro-Sharia march held in Male’

Men and women of various ages marched through the streets of Male’ yesterday (April 19), calling for Islamic Sharia to be fully implemented in the Maldives.

Yesterday’s march, which organisers claimed had no political backing, was said to have been led by a group of young people calling for Sharia to be fully implemented to protect the Maldives from “calamities” that it is presently facing, according to local media.

However, one local religious NGO has argued that Maldivian society was not presently ready to undergo such radical reforms to the nation’s legal system, arguing that any changes would need to be made gradually over a long period of time.

Commencing yesterday at 4:30pm by the social centre in the capital, the pro-Sharia march concluded just before 6:00pm at the artificial beach area.

A small number of demonstrators were in attendance, reported the Sun Online news website. Organisers have pledged that further pro-Sharia marches were anticipated in future.

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed and State Islamic Minister Mohamed Didi were not responding to calls at the time of press.

“Long process”

Co-founder of the Islamic Foundation of Maldives (IFM) Ibrahim Nazim, speaking in a personal capacity, told Minivan News that he believed demonstrators may have been affiliated with fellow religious NGOs in the country.

Nazim said key figures behind the demonstration would have likely been religious conservatives, who in some cases may have held more “radical” views of Islam.

In addressing the key aims of the march, he added that from a personal perspective, Maldivian society was not presently an environment conducive for Islamic Sharia to be implemented outright.

Nazim argued that implementing Sharia law correctly would be a long process for the country. He took the example of other Islamic nations such as Pakistan that had sought to implement a complete adherence to Sharia law in a short period of time, resulting in power struggles and other political complications as a result.

“This is not something we can just implement overnight, we will require people to change their attitudes before we are ready for such a change,” he suggested. “It will be a long process for the country.”

When contacted about the implementation of Sharia in the Maldives, President’s Office Media Secretary Masood Imad today recommended Minivan News contact the Islamic Ministry over religious issues concerning the state.

“I think it would be best to speak to the Islamic Ministry on this,” Masood said.

Meanwhile, a senior figure serving within the current government of President Dr Mohamed Waheed – speaking on condition of anonymity – argued that any significant changes to the country’s faith would always have to be made gradually and could not be made in a short period of time.

The source argued that the previous government of former President Mohamed Nasheed – which claimed to favour what it called a “more moderate and tolerant” form of Islam – had attempted to bring changes to the country’s perception of faith and religious conservatism in too short a period of time.

While claiming to personally favour a “more tolerant” interpretation of Islam, the source argued that the resulting opposition to the former government’s religious stance had likely led to the controversial transfer of power that saw former President Nasheed resign on February 7, 2012.  His resignation came on the back of a mutiny among sections of the police and military.

Islamic Sharia in the Maldives

Under article 142 of the Maldives’ Constitution, the judiciary is presently required to looked to turn to Islamic Sharia in any matters where the Constitution or the law is silent.

To this end, the country’s courts have in certain cases granted the death sentence to severe crimes such as murder, while also using punishments like flogging in certain sexual offence cases.

However, the acting Head of State under each of the last three governments has commuted death sentences to life sentences in every single case.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

Legal Reform

In December 2012, former Attorney General Azima Shukoor drafted a bill outlining how the death sentence should be executed in the Maldives as part of ongoing consultations on enacting such a punishment.

Lethal injection was identified as the state’s preferred method of capital punishment in the bill, while further consultations were being taken on possibly removing the serving Head of State’s right to commute death sentences upheld by the Supreme Court.

Earlier this year, the government of President Dr Mohamed Waheed had pledged to review the possibility of legal reforms to bring an end to the use of punishments like flogging in the country’s justice system.

Addressing the scale of these potential reforms, President’s Office Media Secretary Masood said last month that all authorities involved in the process would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

“Reforms must be undertaken, but this must be done gradually considering we are dealing with a process embedded in society,” he said, discussing the government’s commitments to bring an end to sentences like flogging. “A certain amount of compromise may be needed.”

The wider Maldives legal system has itself been brought under the spotlight after former President Nasheed controversially detained the Criminal Court Chief Judge last year.

Nasheed’s government argued the decision was necessary as the judge in question had become a threat to “national security” after ordering investigations into his own alleged misconduct halted.

Nasheed is presently facing trial in the country over the abduction of the judge.

Following the commencement of the trial, Gabriela Knaul, United Nations Special Rapporteur on the Independence of Judges and Lawyers, earlier this year raised several concerns about the effectiveness of the wider Maldives legal system following a fact-finding mission.

Knaul stated back in February that upon conclusion of her mission meetings, 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.

Addendum: This article earlier attributed views of Co-founder of the Islamic Foundation of Maldives (IFM) Ibrahim Nazim to the organisation. He has subsequently clarified that his comments were made in a personal capacity.

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Raajje TV wins court battle against President’s Office over discriminatory treatment

The Civil Court has today ruled in favour of private broadcaster Raajje TV in its lawsuit against the President’s Office for barring the opposition-aligned television station from President Dr Mohamed Waheed’s press conferences and functions.

“[The court] orders the President’s Office not to discriminate against Raajje TV in providing opportunity to cover functions, events and press conferences,” reads the judgment (Dhivehi).

Judge Ali Rasheed Hussain noted that the President’s Office’s decision to not cooperate with Raajje TV was proven at court by its own admission.

Summoned by parliament’s Government Oversight Committee last week following a complaint filed by Raajje TV, President’s Office Media Secretary Masood Imad claimed that Raajje TV was not invited to press conferences because the station did not fit criteria or standards of reporting set out by the President’s Office.

According to Masood, the policy of the President’s Office was to invite “responsible and experienced” media outlets, which include private broadcasters DhiTV and VTV, state broadcaster Television Maldives (TVM), newspapers Haveeru and Miadhu, as well as internet publications Sun Online and Minivan News.

Meanwhile, followings its own inquiry into the matter, the Maldives Media Council (MMC) asked the Prosecutor General’s (PG’s) Office to press charges against the President’s Office over what it found to be discriminatory treatment.

The non-cooperation by the President’s Office with Raajjee TV have also been met with condemnation from both international and local NGOs, including the Maldives Journalist Association (MJA).

At the Civil Court trial, the President’s Office, represented by the attorney general, alleged that Raajje TV had attempted to capture video footage of the premises, disrupting internal security at the office.

However, the judge dismissed the claim on the grounds that the President’s Office had the right to file a complaint at the Maldives Broadcasting Commission (MBC) over the alleged violation of broadcasting rules.

As the President’s Office was an institution that “served the people,” the judge ruled that the it should also comply with the Maldivian constitution, which guarantees equal treatment and administrative fairness.

Press freedom and freedom of expression were also protected as fundamental rights in the constitution, the judge noted.

Speaking to Minivan News, Chairman of Raajje TV Akram Kamaaluddeen said today’s verdict was a huge success for Raajje TV well as for the Maldivian media.

“Today, the court has guaranteed that no one can meddle with the rights vested in the constitution and that no one can discriminate the media,” he said.

Akram added that he expected Raajje TV to be invited to future press conferences and events at the President’s Office.

Invitation only

Despite the Civil Court judgment, Masood Imad denied that the government failed to cooperate with Raajje TV.

“We talk to them and provide them with answers to their queries. In future too, we will maintain our position of cooperation,” he told Minivan News.

Masood added that he has been in touch with officials at Raajje TV today and invited them for a meeting at the President’s Office tomorrow (April 15)  to “talk out” any differences.

Akram said that he had not been aware of any communication with the President’s Office since the court ruling at time of press.

The Civil Court previously ruled that a similar decision taken by the Maldives Police Service to not cooperate with Raajje TV station was unconstitutional. The Civil Court Judge, issuing the ruling against the Police at the time, said that he believed such a decision was “extremely dangerous and significantly serious” and could result in “chaos and infringement of social harmony.”

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