Tag: Prosecutor General’s Office

Agreement signed with Russian authorities for cooperation in criminal cases

An agreement was signed today between Russia and Maldives for cooperation in criminal matters at a ceremony at Traders Hotel.

Visiting Russian Prosecutor General Yury Chaika – also Russian Justice Minister – signed on behalf of Russia while Prosecutor General Muhthaz Muhsin signed on behalf of the Maldivian government.

Details of the agreement have not yet been shared with the media.

Muhsin told local media that a Memorandum of Understanding (MoU) would also be signed today to facilitate training for Maldivian prosecutors in Russia and allow Russian prosecutors to work in the Maldives.

The agreements were arranged by former Prosecutor General Ahmed Muiz during his tenure – which ended twelve months ago, Muhsin added.

In August, a 25-year-old Russian woman caught smuggling 2kg of cocaine was deported before the conclusion of her trial at the Criminal Court, which had been stalled due to language barriers.

In July, the Russian Foreign Ministry had expressed outrage over the arrest of Roman Valerevich Seleznyov, 30, from the Ibrahim Nasir International Airport (INIA) and called it a “kidnapping” by the U.S. Secret Service.

Home Minister Umar Naseer later said the Maldivian government would have “acted differently” if the home ministry had been aware that the alleged hacker expelled on July 5 was the son of a Russian lawmaker.

Selezynov’s father Valery Seleznyov called on Russian authorities to impose economic sanctions on the Maldives and reportedly offered US$50,000 for evidence proving his son was detained by US intelligence agents.

US officials have maintained that Maldivian authorities acted under their own laws, expelling Seleznyov from the country before his subsequent arrest.

Seleznyov is accused of bank fraud, identity theft, and other cyber crimes. The US have described him as “one of the world’s most prolific traffickers of stolen financial information”.

Russia currently ranks fifth in terms of the number of tourist arrivals to Maldives, and is one of the fastest growing tourist markets in the world. More than 33,000 Russian tourists arrived during the first five months of 2014,

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PG advised release of suspect in Alhan stabbing, claims Criminal Court

The Prosecutor General’s (PG) Office saw “no reason” to keep a suspect arrested in connection with the stabbing of former MP Alhan Fahmy in pre-trial detention, the Criminal Court has claimed.

The court explained in a press statement yesterday that it was informed that the case against the two suspects – Mohamed Sameeh of Shiny, Fuvahmulah, and Mohamed Naseem, of Ulfamanzil, Seenu Hithadhoo – had been forwarded for prosecution, and that “the Prosecutor General’s Office had advised that it saw no reason to keep Mohamed Sameeh in further detention.”

Responding to criticism following the release of two suspects in Alhan’s stabbing, the Criminal Court contended that media reports concerning the court-ordered release of the pair were “false”.

“Mohamed Sameeh and Mohamed Naseem were released from custody on August 31, 2014 with conditions,” the court said, noting that the suspects had been held in remand detention for seven months.

Local media had reported that the pair were freed due to delays by the PG’s Office in formally filing charges five months after police concluded the investigation.

The Criminal Court noted that issuing arrest warrants, extending detention of suspects, and releasing suspects with or without conditions was “the arrangement under the Maldivian legal system,” adding that the court’s decisions could be appealed at the High Court.

“We remind that the court does not make decisions after seeking the views of a person or people but according to the rules or procedure specified in law,” the statement read, advising verifying information before reporting.

Asked about the Criminal Court’s contention, a media official at the PG’s Office told Minivan News he would check with the prosecutor on the case, but was not responding at the time of publication.

The media official did, however, say that the case was being expedited. A decision to prosecute would be based on the available evidence, he explained.

“For example, for the two [suspects], there could be a different amount of evidence. So it is likely that something like that might have been [relayed to the court],” he said.

According to local media, one of the suspects – Mohamed Naseem – has been convicted on drug abuse charges and sentenced to three years in prison. Naseem is also reportedly facing charges of sexually abusing a minor.

Meanwhile, the opposition Maldivian Democratic Party (MDP) has strongly condemned the release of two suspects.

The MDP noted in a press statement on Sunday (August 31) that the court’s decision was evidently not based on lack of evidence as judges had been granting extension of remand detention since February.

The remand detention must have been approved because the court believed the suspects posed “a danger to society” based on preliminary evidence, the party contended.

The release of suspects in a near-fatal stabbing despite evidence showed that there was “no hope for attaining justice through the Maldivian criminal justice system,” the statement read.

Alhan was stabbed in the back at the Breakwater cafe’ in Malé on the night of February 1.

Following the stabbing, eyewitnesses saw police catch and arrest one of the assailants. Alhan had received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

The former MP for Addu Feydhoo returned to the Maldives in early March, walking with a crutch following initial fears that the wounds may have caused permanent paralysis.

Speaking to Minivan News at the time, a family member alleged that the attack was politically motivated and well organised, claiming that Alhan’s car had been followed three days prior to the incident.

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JSC clears Criminal Court Judge Abdul Bari Yousuf of ethical misconduct

The Judicial Service Commission (JSC) has cleared Criminal Court Judge Abdul Bari Yousuf of allegations of ethical misconduct and lifted his suspension after more than one year and five months.

The judicial watchdog revealed in a statement on Thursday (July 24) that the commission decided there was “insufficient concrete evidence” to prove wrongdoing following consideration of a report prepared by an investigating committee.

The JSC had suspended Bari in February 2013 pending the outcome of an investigation after a complaint was submitted the previous month.

Bari has reportedly been receiving full pay and allowances since his suspension.

Although the commission did not reveal any details regarding the complaint, local media reported that a female attorney from the Prosecutor General’s Office had alleged that Bari sexually assaulted her.

While the JSC refused to confirm the allegations at the time, JSC Spokesperson Hassan Zaheen told Minivan News last week that the commission only provides information to the media after concluding a case.

The JSC is tasked by the Constitution with investigating complaints and taking disciplinary action against judges.

Judge Bari has presided over a number of high-profile cases at the Criminal Court in recent years.

In February 2010, he acquitted Adam Naseer Aboobakuru, whom the administration of former President Mohamed Nasheed had labelled one of the country’s “top six” drug kingpins.

Naseer was arrested in June 2009 with over MVR6 million (US$461,500) in cash while police also found a tin containing drugs outside his house.

Judge Bari, however, ruled that the prosecution was unable to establish that the money was earned from dealing drugs and that the narcotics could have been placed outside Naseer’s house.

In 2011, Bari also ordered the release of Abdul Latheef, who was suspected of involvement with a high-profile drug cartel.

Despite initially ordering Latheef be kept in detention, the Criminal Court changed its first decision in a letter sent to the police asking for the suspect to be transferred to house arrest.

Latheef had been taken into custody with over 1,000 grams of cannabis in the trunk of his car.

Judicial oversight

Last week, the JSC denied media reports alleging that an investigating committee had found former Criminal Court Judge Muhthaz Muhsin – who was appointed as the new prosecutor general on Tuesday – guilty of ethical misconduct.

Muhsin had allegedly attempted to save a suspect arrested for theft from being held in remand detention.

According to the JSC’s annual report for 2013, the commission has yet to conclude investigations or make a decision regarding 106 cases, which were pending at the end of last year, including one complaint dating back to 2008 and four complaints from 2009.

Other pending cases included 13 complaints from 2010, 16 complaints from 2011, 17 complaints from 2012, and 55 complaints from 2013.

The complaints against judges involved allegations of bias, lack of integrity, behavioural misconduct, discrimination, incompetence, procedural violations, inordinate delays in concluding cases, and breach of law and the constitution.

In a comprehensive report on the Maldivian judiciary released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, noted that there was consensus on the view that the current composition of the JSC was “inadequate and politicised”.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” she wrote.

Moreover, a lack of transparency regarding proceedings over complaints, the criteria used to initiate proceedings, and JSC decisions “nourishes serious allegations of selectivity in the management of complaints.”

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Criminal Court denies ordering deportation of Pakistanis arrested in 24kg drug haul

The Criminal Court has denied ordering the deportation of two Pakistani nationals arrested in connection with the smuggling of 24kg of heroin in March.

Citing police, local media reported this week that the court had ordered the deportation of the pair.

The Criminal Court however refuted the claims in a press statement released yesterday (July 2), noting that ordering the deportation of foreign nationals was outside the court’s jurisdiction.

Media reports to the contrary were “based on false information,” the court said.

The statement explained that a court order extending the remand detention of the Pakistani suspects to 15 days had instructed the police to transfer the pair to the the custody of the Department of Immigration.

Police had stated at the remand hearing that the Prosecutor General’s Office had decided to deport the suspects, the statement noted.

The media reports referred to by the Criminal Court were based on a news item published on the police website on Tuesday (July 1).

Out of 18 suspects arrested in the case, police explained that 15 were held in pre-trial detention, including three Bangladeshis, four Maldivians, and eight Pakistanis.

Six of the Pakistani nationals had since been released while the Criminal Court ordered the release of two Bangladeshis on June 24.

On the same day, one of the Maldivian suspects was transferred to house arrest due to poor health. The suspect had earlier suffered burns to 45 percent of his body in a fire accident, police noted.

“The detention period of a Maldivian involved in the case was extended to seven days today [Tuesday]. Additionally, the detention period of three Maldivians and a Bangladeshi will be up on July 4,” the police news item read.

“The court has asked for the two Pakistanis involved in the case to be deported.”

Minivan News was awaiting a response from the police media official at the time of press. The official told newspaper Haveeru yesterday that police were looking into the matter.

Record haul

Four Maldivians, three Bangladeshis, and 11 Pakistanis were taken into custody on March 10 with 24kg of heroin, which police said was “the largest amount of drugs seized in a police operation conducted in the Maldives so far.”

The drugs were transported in a vessel named ‘Hormooz’ registered in Iran, Superintendent Mohamed Rasheed, head of the Drug Enforcement Department (DED), revealed at a press briefing on March 12.

The 11 Pakistani nationals were the crew and captain of the Iranian boat. Local media reported in April that the Iranian vessel was allowed to leave the country while six crew members were also released.

The drugs were allegedly collected by the four Maldivians and three Bangladeshis 30 nautical miles off the coast of Alif Alif Mathiveri, Rasheed had explained, after which it was concealed under fibre boards in a dinghy.

Two of the suspects were seized by police after arriving on the dinghy in Hulhumale’ while their dhoni waited in the harbour.

The Iranian vessel was meanwhile captured at sea with coastguard assistance between Alif Alif and Baa atolls, Rasheed said.

Asked by reporters whether a police sergeant and a Maldivian man – Abdulla Shaffath – arrested in connection with the Artur brothers’ case last year were among the 18 suspects, Rasheed had said he could not disclose details as it could hamper the investigation.

Rasheed, however, confirmed that a police officer had been arrested in connection with the drug haul while two of the Maldivian suspects had prior records for drug-related offences.

While the street value of the drugs was estimated to be MVR36 million (US$2.2 million), Superintendent Rasheed noted that the drugs would likely be laced with “other powders” to increase its volume “two or threefold” before being sold.

The additional volume could potentially raise its street value to almost MVR100 million (US$6.5 million), he said.

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EC to send names of candidates who failed to submit financial statements to PG

The Elections Commission (EC) has announced it will be sending for prosecution the names of 76 candidates who took part in the recently concluded parliamentary elections after they failed to submit their financial statements.

The EC confirmed that the 76 candidates who are to be sent for prosecution do not include any of the newly elected parliamentarians.

According to the General Elections Act, candidates are required to submit financial records of election expenditure to the EC within 30 days of the election.

Of the 302 candidates who contested in the parliamentary elections, 226 candidates submitted the financial records to the EC as required.

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Stalled Ali Hameed cases “exposes state of Maldivian judiciary,” says MDP

The opposition Maldivian Democratic Party (MDP) has expressed “surprise and concern” with the revelation yesterday (May 4) that documents of a corruption case against Supreme Court Justice Ali Hameed were destroyed in a coffee spill at the Criminal Court.

An official from the Prosecutor General’s (PG) office told Minivan News that the Criminal Court requested resubmission of the case files three weeks ago, but has so far refused to present the allegedly damaged documents.

Justice Hameed is facing charges over the illegal transfer of credit from his state-funded mobile phone in 2010.

In a press release yesterday, the main opposition party stated that the lack of progress in cases involving Justice Hameed as well as “these incidents that occur when a case reaches court exposes quite well the state of the Maldivian judiciary.”

“As the documents of the corruption case raised by the state against Ali Hameed were destroyed after coffee was spilled on them, the party hopes that the Criminal Court will not decide that the charges cannot be proven for that reason,” the MDP’s press release stated in conclusion.

The Judicial Service Commission’s (JSC) regulations stipulate that action must be taken within 48 hours of a criminal case being filed against a judge. However, the judicial oversight body told local media last month that a decision would be made once the court decides to hear the case.

The Criminal Court’s media official told Minivan News on April 13 that the court had not decided whether or not to accept the case.

Cases filed by the PG office are scrutinised in the order of submission “to make sure all the paperwork is complete and that there are no missing documents,” he said. The process normally takes “two to three days,” he added.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found that a Supreme Court Justice transferred MVR2,223 (US$144) from his state-funded mobile phone on different occasions during 2010.

Sex tapes

Justice Hameed is also the subject of investigations by both the police and the JSC over his alleged appearance in a series of sex tapes that emerged in May 2013.

A further video showed Hameed and a local businessman, Mohamed Saeed, discussing political influence in the judiciary.

After the secretly taped videos of Hameed engaging in sexual relations with three prostitutes in a Sri Lankan hotel room surfaced online, the JSC set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation.

However, in July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

The MDP meanwhile stated that disgraced judges accused of corruption or blackmail should be suspended pending the outcome of a trial, noting that the practice was “regrettably” alien to the Maldivian judiciary.

Justice Hameed’s continued presence on the Supreme Court bench violated international best practices and judicial norms, the party contended.

Other cases

Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists.

A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

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PG office presses corruption charges against Supreme Court Justice Ali Hameed

The Prosecutor General’s (PG) office has pressed corruption charges against Supreme Court Justice Ali Hameed Mohamed over the illegal transfer of credit from his state-funded mobile phone in 2010.

A media official from the Criminal Court told Minivan News today that the court has yet to make a decision on hearing the case.

Cases filed by the PG office are scrutinised in the order of submission “to make sure all the paperwork is complete and that there are no missing documents,” he explained.

The process normally takes “two to three days,” the media official said.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission (ACC) after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found that a Supreme Court Justice transferred MVR2,223 (US$144) from his state-funded mobile phone on different occasions during 2010.

According to the audit report, the interim Supreme Court bench on October 23, 2008 decided to provide for each justice “a post-paid line, a phone and to pay the phone bill without a set limit out of the court’s budget”.

“From October 2008 to December 2011, a total of MVR281,519.71 (US$18,256) was spent on phone bills,” the report stated.

Charge sheet

The Bar Association of Maldives last week called for the suspension of Justice Hameed pending an investigation into his alleged appearance in a series of sex tapes that emerged online last year.

After the sex tapes of Hameed engaging in sexual relations with three prostitutes in a Sri Lankan hotel room surfaced in May 2013, the judicial oversight body, Judicial Services Commission (JSC), set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation.

However, in July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists.

A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

The commission contended that a decision by parliament’s finance committee to allow the judges to purchase the flats in Sina-Male’ contravened the Judges Act and the constitution.

The ACC explained that it investigated a complaint alleging three senior judges were occupying state-owned apartments while simultaneously receiving living allowances.

The flats were leased during President Maumoon Abdul Gayoom’s administration by the former Justice Ministry and High Court under terms that would see the now-defunct ministry and High Court gain ownership upon completion of full payment

The three judges had reportedly been paying rent for the flats in the government-owned Sina-Malé apartment blocks when the committee decided to grant them ownership upon completion of full payment.

The ACC found that the Finance Committee’s decision to register the flats to the judges was in violation of article 102 of the constitution and article 38 of the Judges Act as well as section 100(a)(11) of the parliamentary rules of procedure.

Article 39(b) of the Judges Act states that judges in the same court shall be given the same amount as living allowances and prohibits “different kinds of living allowance or benefits for different judges.”

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ACC seeks prosecutions over Malé City night market contract

The Anti-Corruption Commission (ACC) has asked the Prosecutor General’s (PG) office to press corruption charges against three former Malé City councillors in relation to the 2013 night market.

In addition to former councillors Ibrahim Shuja, Ahmed Hameed ‘Fly’, and Ahmed Samah Rasheed, the ACC asked the PG office to press charges against the council’s Assistant Directors Aishath Jumana Mohamed Rasheed and Ahmed Mizhath Naeem.

The three ex-councillors and senior staff are accused of corruption in the awarding of a contract to Go Media Pvt Ltd to manage last year’s night market. The market is held annually before Ramazan, usually on the south eastern side of the capital island.

In a letter to Malé City Mayor Mohamed Shihab – shared with local media – the ACC explained that Go Media Pvt Ltd was registered eight days before the city council’s announcement seeking a party to organise the night market.

However, the council awarded full marks to the company for experience during its bid evaluation process, the ACC revealed.

While the committee that evaluated the proposal determined that Go Media’s team had experience in organising such events, the ACC noted that the company did not submit any documentation as proof of experience.

Moreover, the council’s request for information document did not state that marks would be awarded for experience.

The two assistant directors were on the committee that evaluated the proposal.

Based on its findings, the ACC concluded that the contract was awarded fraudulently for the benefit of a third party.

The ACC also asked the PG office to prosecute Malé City Council Secretary General Mohamed Anwar as the agreement signed with Go Media included provisions that were not included in the council’s announcement.

Of the three ex-councillors facing corruption charges, Shujau and Hameed were elected on Dhivehi Rayyithunge Party tickets in 2011 before defecting to the Maldivian Democratic Party (MDP) and he Jumhooree Party, respectively. Former Deputy Mayor Samah was elected on an MDP ticket.

Shujau meanwhile contested in last month’s parliamentary elections as the MDP’s candidate for the Galolhu South constituency, losing to incumbent MP Ahmed Mahloof.

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New court regulations introduced to speed up justice system

New court regulations will require the Prosecutor General (PG) to press charges against suspects arrested in serious crimes within 45 days of their arrest.

The regulation states that suspects arrested in other cases should be charged within 30 days, as well as giving instruction on how to proceed if the PG fails to press charges against a suspect in the given duration.

Furthermore, the new regulation determines different times of the day that police will be able to request a court warrant, as well as the times at which they will be issued.

According to the regulation, if any other institution needs a court warrant to conduct a criminal investigation, it has to request for the warrant through police.

The PG’s Office will not be able to resubmit a criminal case after withdrawing it, unless it informs the court that the case is being withdrawn for revisions. Cases withdrawn for other purposes cannot be resubmitted.

Earlier this month, the High Court ruled that the lower court could not revisit a police obstruction case involving two MPs, as the PG’s Office had earlier withdrawn the case for reasons that were not clearly understood by all parties.

The regulation obliges the PG to resubmit any case withdrawn for revisions within 30 days of the withdrawal.

The Criminal Court said that a meeting had been held with officials from the police, the Prosecutor General’s Office, and lawyers to launch the new regulation.

On December 10, 2013, the police launched a 100 day roadmap based on four main strategies which sought to increase and enhance operational activities, conduct activities to curb crime, enhance and hasten investigations, and to improve the police institution.

The roadmap set a target of  80 percent of the investigations filed with police to be completed and fowarded onto the Prosecutor General’s (PG) office of a more efficient service.

Police also pledged to conclude their investigations into crimes – other than those of a serious or organised nature-  in 30 days, to conclude testing of suspicious drugs within three days, and to conduct three special operations to curb the illegal businesses of drug and alcohol.

On December 2, 2013, the police and PG’s Office started working together in the investigation process in order to speed up investigations, with the of concluding investigations and submitting them to the court within 48 hours.

The new regulations come as the PG’s Office tackles a backlog of over 500 cases after the Criminal Court’s refusal to accept new work without the appointment of a new prosecutor general. The Deputy PG has said the build up of cases will take a month to clear.

Meanwhile, both the Criminal and Civil Courts have been forced to curtail overtime hours due to budget restrictions. Staff refusing unpaid overtime have been suspended.

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