Tag: prosecutor general

MDP calls for suspension of February 8 cases until coup investigation is complete

MP of the ousted Maldivian Democratic Party (MDP) Ahmed Sameer has called on the Prosecutor General (PG) to suspend criminal charges against those arrested during the February 8 unrest, until an independent inquiry investigated police involvement in the transfer of power the previous day.

In a letter to PG Ahmed Muizz, Sameer raised questions over the police’s ability to conduct independent and impartial investigations into public criminal offenses, alleging elements of the police and military staged a coup d’état to depose President Mohamed Nasheed and were continuing to target and attack MDP MPs and members.

“Whilst atrocities committed by the police remain uninvestigated, any investigation by police cannot be accurate. Hence, if the PG files these charges at court, can the PG be independent and impartial as guaranteed in Article 220 (a) of the constitution?” Sameer said.

Speaking to Minivan News, Sameer said he had met with the PG on Monday and that the PG was receptive to Sameer’s concerns.

President Dr Mohamed Waheed Hassan’s spokesperson Abbas Adil Riza has accused the MDP of terrorism and said, “The government will not negotiate in releasing those arrested and charged for terrorism, will not let them be considered political prisoners.”

However, Deputy PG Hussein Shameem said no terrorism charges have been filed to date.

“We have submitted 116 cases to the criminal court. The charges we have filed regard obstruction of police duty, assault on police officers on duty, and attempt to assault police officers on duty,” Shameem said. If charges are proved, the accused may be jailed for six months or fined up to Rf 12,000 (US$800).

According to Shameem, police had initially filed 135 cases with the PG relating to the February 8 unrest; these include 42 cases from Haa Alif Atoll Kulhudhufushi, 12 from Shaviyani Atoll Milandhoo, 41 from Fuamulah Island, 24 from Haa Alif Ihavandhoo, 11 from Haa Dhaal Atoll Dhidhoo, and five cases from Haa Alif Atoll Hoarafushi.

Sameer said the eight people from his constituency of Dhidhoo charged with vandalism and closing of the Dhidhoo police station faced false charges.

He said the police had closed the station voluntarily, after the MDP controlled Dhidhoo council raised concerns of possible harm to police if the police continued to stay on duty on the day.

Although Sameer has called for suspension of prosecution until an inquiry, the possibility of an independent investigation now appears remote. The presidential commission charged with looking into the legality and legitimacy of the transfer of power has said it will not conduct a criminal investigation, and has also come under fire from MDP and civil society groups for unilateralism and lack of independence.

At the same time, the state’s independent institutions have also said investigation into the legality and legitimacy of the transfer of power is not within their mandates.

The EU, Commonwealth, MDP and local civil society groups have called for independent and impartial investigation into the alleged coup, with the involvement of international experts.

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Anti-Corruption Commission releases annual report: state owed RF 91 million

The Anti-Corruption Commission (ACC) has revealed that the state is owed Rf91million based on the cases it has forwarded to the office of the Prosecutor General (PG).

In its yearly report the ACC revealed that only one of twenty-six cases sent to the PG’s office last year had been settled in court.

The ACC President Hassan Luthufy said that most cases received by the commission had been ‘petty corruption’ cases and would be put aside in order to focus on more serious allegations of graft such as that of government institutions, the People’s Majlis in particular.

“For the year 2012 we’re gearing more towards investigating serious corruption cases rather than such petty cases. I think it would give out an effective message to those who are inclined to commit serious acts of corruption,” Luthufy said.

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HRCM to conclude investigation into the arrest of Judge Abdulla Mohamed before April

The Human Rights Commission of the Maldives (HRCM) has said the commission will conclude its investigation into the arrest of Criminal Court Chief Judge Abdulla Mohamed before the end of the month, and forward the findings to the Prosecutor General.

HRCM Member Ahmed Abdul Kareem told the press that the case took so long because some of the people involved “did not cooperate with the commission.”

Kareem told the press that all the statements would be finished by the end of next week, and that before the end of this month the case will be sent to the Prosecutor General (PG).

President of HRCM, Mariyam Azra, today told Minivan News that the commission was hoping to conclude the investigation before next month.

She said she could not confirm whether all the persons involved in the case were cooperating or not.

”Its a different team investigating the case and Ahmed Abdul Kareem is the only commission member in the investigating team,” she added.

Meanwhile, Police Sub-Inspector Ahmed Shiyam told Minivan News that police investigation in to the case was ongoing as well.

‘’We are still investigating the case and will send the case as soon as the investigation is concluded,’’ Shiyam said.

He also said former President Mohamed Nasheed “has not cooperated with the police.”

Local media Sun Online reported that police have decided to close the case and send the case to the Prosecutor General without including any statement from Nasheed because he had not cooperated with police.

Nasheed had been given the opportunity to give a statement to police at any time he wished, but he had not used the opportunity, Sun reported.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

PG Muizz ordered an investigation by HRCM, and said it would evaluate the situation following the commission’s findings.

The first complaints filed against Chief Judge of the Criminal Court Abdulla Mohamed in July 2005 included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused. The complaints were first made by then Attorney General, Dr Hassan Saeed, now President Dr Mohamed Waheed Hassan’s political advisor.

Six years of similar complaints later, the judicial crisis leading to President Nasheed’s downfall was triggered after Abdulla Mohamed filed a case in the Civil Court granting him an injunction halting his further investigation by the Judicial Services Commission.

This was following by a High Court ruling against his police summons on January 16, prompting police to request the Maldives National Defence Force (MNDF) take the judge into custody.

Then Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

At the time Vice President of the Maldives, Dr Waheed  opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”

Nasheed’s government then requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Foreign Minister Ahmed Naseem said at the time that the JSC’s shortcoming are “now an issue of national security.”

“We have been working to improve the judiciary since we came to power, but we have not succeeded,” said Naseem. “We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” he explained.

On February 7 Nasheed resigned “under duress”, after police joined opposition protesters in assaulting the main military base in Republic Square, vandalising the MDP headquarters, and taking over the state broadcaster.

A subsequent police crackdown on protesters on February 8, including women and the elderly, hospitalised many and triggered a surge of public and MDP-led animosity against the police and the new government.

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ACC files against Home Ministry over office partitions

The Anti-Corruption Commission (ACC) filed a corruption case with the Prosecutor General’s (PG) Office on Tuesday against certain members of the Home Ministry’s Tender Evaluation Board.

The case accuses members of engaging in “unlawful practices” while evaluating bids to set up partitions in the ministry’s office, located on the tenth floor of the Velaanage office complex.

The case accuses State Home Minister Mohamed Mahir Easa, Maimoona Ahmed of Henveiru Mahaasa, Hamid Yousuf of Zeelithan/Raa atoll Hulhudhuffaru, Ahmed Shareef Nafees of Dhaftharu 1119, Ahmed Ishaq of Galolhu Cherry, Hussein Rasheed Yousuf of Dhaftharu 2065 and Mohamed Adam of Machangoalhi Maanika, Haveeru reports.

According to the ACC, marks were given for experience not conforming with the criteria stated in the information leaflet for setting up partitions, Haveeru reports.

The case has been filed under Article 12(a) of the Anti-Corruption Act.

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International Anti-Corruption Day to be hosted in atolls

The Anti-Corruption Commission (ACC) will hold festivities to mark International Anti-Corruption Day, recognised on December 9 since 2008, in Gaaf Dhaal and Gaaf Alif atolls. These atolls reported the most corruption cases this year.

The UN Convention against Corruption was adopted by the General Assembly in 2003, and entered into force in 2005. This is the first year that International Anti-Corruption Day has been held outside of Male’.

ACC President Hassan Luthfee said the decision to hold the event outside of Male’ intends to fill a deficit.

“We need to go to the public area, particularly on islands, because we haven’t been to these parts of the country,” he said. “A majority of cases were reported from Gaaf Dhaal.”

Transparency Maldives recently reported that the Maldives had improved in the Transparency International Corruption Perception Index (CPI) to rank 134th out of 183 countries and territories world wide, up from the 2010 rating of 143rd.

This year, the Maldives scored 2.5 on a scale of 0 (highly corrupt) to 10 (very clean), placing it alongside Lebanon, Pakistan and Sierra Leone. It is still rated as having a higher perceived corruption than regional neighbors including Sri Lanka (86), Bangladesh (120) and India (95).

Project Director of Transparency Maldives, Aiman Rasheed, warned that the ranking could not be compared year-to-year, especially in the Maldives where there were only a three sources used to determine the index (India has six).

“Corruption in the Maldives is grand corruption, unlike neighbouring countries where much of it is petty corruption,” Rasheed said. “In the Maldives there is corruption across the judiciary, parliament and members of the executive, all of it interlinked, and a systemic failure of the systems in place to address this. That why we score so low.”

Faced with such endemic and high-level corruption, it was “up to the people of the Maldives to demand better governance”, he said.

Luthfee countered that the Maldives’ ratings show gradual improvement.

“In 2008 the index ranked us at 2.8, then 2.5, then last year was 2.3 and now we’re back to 2.5. India ranked at 95, but we are very far behind that,” he said.

Understanding the scores in context required a wider public understanding of corruption, Luthfee explained. “In this country, people perceive corruption as some powerful people trying to get money from the government,” he said. “But it’s more than that. Things like human trafficking and political stability are part of the picture as well.” He emphasised the human trafficking was a major concern.

Luthfee said the ACC hosted one workshop in the atoll this year for government employees, school staff and children, and the general public. He attributes the atoll’s high report rate to increasing awareness.

“People are more aware of the reporting mechanism, now they blow the whistle whenever they come across [corrupt situations],” he said.

When asked whether the whistle was being blown too frequently for political reasons, Luthfee recommended greater government control.

“I do believe there is a huge problem in this area. The government needs to implement reporting mechanisms for the opposition and for the international arena, because they play a major role in the corruption issue. Things are easily politicised, and a considerable amount of allegations are made for a political purpose,” he observed.

The ACC is currently unable to investigate cases involving international parties, Luthfee explained. Giving the example of foreign bank accounts, he said that without proper resources certain financial-political cases escape the ACC’s domain.

Prosecution procedures are also an obstacle. “Our mandate is just to investigate, and if we feel it has to go to the Prosecutor General (PG) we send it there. But none of the 16 cases we filed this year have been prosecuted. The outcome is zero,” Luthfee said.

The PG’s office told Minivan News it would provide the statistics on the number of cases prosecuted tomorrow.

President’s Office Press Secretary Mohamed Zuhair said a lack of judicial follow-up was contributing to the hold up, and added that President Mohamed Nasheed was expected to ask the ACC to expedite cases currently stalled at the PG office. “Cases from the previous and current government need to be addressed,” he said.

Zuhair said many corruption allegations were made with political motives. “Right now you have politicians being accused, the government being accused, and all are seen to be for political gain. These are just empty allegations,” he said.

“Some are following the proper procedures but some are not. Without the procedure you can’t get a court ruling, and until something is resolved the perception is all that matters. Most people accused of corruption are believed to be corrupt, and that is very damaging. There needs to be better discipline among politicians.”

Minivan News asked Luthfee what his top recommendation was for combating corruption in the Maldives.

“We as Muslims have to keep our way of life in a way that complies with Islam. People now are just not following the right path, and they should make a stronger effort in this respect,” he said.

For International Anti-Corruption Day, the ACC will distribute information pamphlets at an awareness forum, and will host several activities for students. Haveeru has also reported that the next Friday prayer sermon will focus on the negative effects of corruption in society.

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Prosecutor General’s Office spent Rf145,596 in violation of Public Finance Act, finds audit report

The audit report of the Prosecutor General’s Office (PGO) for the financial year 2010 has found that the office spent a total of Rf145,596 (US$9,706) in violation of the Public Finance Act.

In the report made public yesterday, Auditor General Ibrahim Niyaz revealed that the PGO spent Rf 40,745 (US$2640) in additional expenses for interior design after moving to its new offices without an agreement on price and quality of the work as required by section 8.21 of the public finance regulations.

In addition, the PGO spent Rf 58,913 (US$3800) out of its 2010 budget to settle outstanding bills from 2009 without requesting the funds from the Finance Ministry in the duration stipulated in the Public Finance Act.

Moreover, the PGO spent Rf45,938 (US$3000) on an official dinner to participants of an e-crime conference participants in June 2010 without a publicly-announced bidding process.

In an issue highlighted in previous audit reports of state institutions for 2010, the Auditor General noted that financial statements were not prepared in accordance with international public sector accounting standards (IPSAS) following principles of “accrual accounting” or the “financial reporting under cash basis of accounting” issued by the IPSAS board.

The PGO however informed auditors that it would discuss the issue with the Finance Ministry to prepare financial statements in accordance with international standards in the future.

Attorney General’s Office

Meanwhile the audit report of the Attorney General’s Office (AGO) published along with the PGO audit report, the Auditor General noted that staff were paid overtime salary for the time spent waiting in a queue to sign out at the fingerprint system at the end of working hours.

The audit report also found that the Attorney General’s Office had not settled bills for services obtained from different parties within the duration stipulated in the public fiance regulations.

The AG Office was meanwhile owed a total of Rf 71,637 (US$4640) from different parties dating from 2009 but had not taken adequate efforts to recover the money, the audit found, adding that the cases had not been filed at court two years on.

A comparatively high amount of money had meanwhile been spent since 2002 for a software installed to maintain records of employees and case files, the audit found, noting that Rf1.5 million (US$100,000) had been spent as of last year to the company that created the software for maintenance fees, upgrades and other expenses.

The AGO informed auditors that the software initially purchased for Rf376,200 (US$24,000) would not be used from next year onward.

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Former Deputy Police Commissioner denies PIC allegations

Former Deputy Commissioner of Police Mohamed Rishwan has denied findings of a Police Integrity Commission (PIC) investigation that he ordered police officers to forcibly cut the hair of several persons that were arrested during a special operation, conducted in July last year when he was in police force.

In a press statement issued to the media, Rishwan said that he had never committed a criminal offence during his time as Deputy Commissioner, and that he had only sought to be accountable for the actions of police as he was in charge of the operations conducted across the country.

Rishwan said he had served the nation for 18 years and that he had a right to defend his status and protect his reputation.

Rishwan denied giving the order to cut the hair of the detained suspects and insisted that he had cooperated with the investigation into the incident after he had learned of it.

The PIC launched an investigation into allegations made by several persons that were arrested during the special operation that they were mistreated and their hair was forcibly cut without their consent.

After the investigation, the commission publicised the investigation report which said that Rishwan was the person bearing responsibility for the action, as he had confessed to the PIC that he gave orders to cut the hair of arrested persons.

The PIC also alleged that Rishwan had violated the Police Act and said that the case had now been sent to the Prosecutor General to press criminal charges against Rishwan.

Rishwan resigned from his position in July this year. Speaking to local media about the decision at the time, Rishwan said his resignation was based solely on wanting to spend more time with his family.

Back in February, Rishwan was reported to have been temporarily suspended from his duties after allegedly failing to follow orders regarding a dispute over taking control of the Thulusdhoo Atoll Council’s office without a court warrant.

In July last year, police and the Maldives National Defense Force (MNDF) arrested almost 60 people, including children, in a joint special operation launched to curb the rise in gang violence.

Many arrested at the time claimed that their mobile phones and personal belongings were confiscated and not returned when they were released.

Almost everyone arrested in the operation was released without any charges.

A number of those arrested claimed they were mistreated and abused in custody, including being forced to remove their clothes, blindfolded and beaten.

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PG asks police to provide details of protest response

The Prosecutor General’s (PG) office has asked the police to provide details of its response to the protest held by ruling Maldivian Democratic Party (MDP) outside the Supreme Court on Thursday, which later spread to the residence of the former President.

Prosecutor General Ahmed Muiz told Minivan he was unable to comment on the matter at this time.

However Police Sub-Inspector Ahmed Shiyam said this was the first time the PG had made such a request.

“They are requesting details of what happened,” Shiyam confirmed, but said the PG had not notified police of a potential course of action or what it was looking for.

Shiyam pointed out that demonstrations in certain areas, including courts and army gates, are prohibited by the Regulation on Assembly.

“Members of the Maldivian Democratic Party (MDP) and Dhivehi Rayithunge Party (DRP) have both gathered in these areas though, even though we have requested them not to. Some of them have gone to the army gates and the President’s gate as well, so occasionally we have to address the issue,” he said.

The police have been asked to provide the information before Wednesday this week.

On Thursday October 20 the MDP national council conducted an emergency meeting and approved a resolution to launch a protest against the judiciary, claiming judges were unduly influenced by the former President and his half-brother MP Abdulla Yameen.

The protesters gathered at the Supreme Court before marching towards the former President’s building Endherimaage, where violent clashes erupted between MDP activists and a few Gayoom supporters blocking the entrance to his residence.

Minivan News journalists at the scene also observed gravel, rocks, hot water and sharp metal raining down on protesters from the top floors or terrace of Endherimaage.

Several activists claimed they saw Gassan Maumoon, former President Gayoom’s son, throw stones and pour boiling hot water on the protesters. MDP activists meanwhile threw large stones at Endhirmaage and attempted to break down the door. Some windows of the house were smashed while a car parked outside was damaged.

A 17-year-old, identified as Hussein Hassan, was rushed to the Indira Gandhi Memorial Hospital (IGMH) with critical injuries after a block of wood apparently thrown from the building hit his head. IGMH later confirmed that the boy was conscious and his condition stable.

Police summoned Gassan Maumoon, son of the former President, for questioning on Saturday after a number of MDP members alleged they had seen him throw the block of wood from the balcony. Police subsequently arrested Gassan and took him to the prison island of Dhoonidhoo, and presented him at court this afternoon. The hearing is currently ongoing.

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Criminal Court convicts two individuals listed as dangerous by police

The Criminal Court yesterday convicted two persons identified by police as dangerous criminals.

The court identified the pair as Hassan Ali of Fares-Mathoda in Gaafu Dhaalu Atoll, who was sentenced to three years, and Aseel Ismail, who was sentenced to seven years.

The pair was sentenced after the Criminal Court found them guilty of attacking Riluwan Faruhath last year in December, on Boduthakurufaanu Magu in Male’.

At today’s hearing the judge said that Aseel had confessed that he had an altercation with Riluwan that day and attacked him with a machete.

Hassan was charged for assisting Aseel in fleeing after attacking Riluwan.

In March this year, Hassaan and Aseel were arrested again during a special operation conducted to avoid potential clashes between rival gangs following the fatal stabbing of 21 year-old Ahusan Basheer.

Recently two individuals, Ali Shareef and Maadhih Mohamed, were sentenced to jail after the court found both guilty of stabbing Ismail Firdhause of Feydhoo in Addu City on February 24 2011, when he got off the Hulhumale’ ferry.

Because it was the first time both had been found guilty of a crime violating the Act, Maadhih was sentenced to eight years and Shareef to 12 years in prison.

Both had denied the charges against them, however the court granted the police authority to hold them in custody until their trial was concluded.

Maadhih and Shareef both admitted that they were in the area when the incident occurred but denied that they were involved in it or that they knew anybody in the gang that attacked Firdhause.

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