prosecutor general – Page 3 – Minivan News

PPM MPs to vote Muhthaz for PG in defiance of party leader’s appeal

Progressive Party of Maldives (PPM) MPs have decided to vote for Criminal Court Judge Muhthaz Muhsin as the new Prosecutor General (PG) despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan told Minivan News today that 33 out of 38 MPs present at a parliamentary group meeting this afternoon voted in favour of Muhthaz.

Nihan – parliamentary group leader of the PPM – also confirmed that a three-line whip has been issued for all 43 PPM MPs to vote for Muhthaz’s approval to the vacant PG post.

The decision comes after PPM Leader Gayoom sent a letter yesterday – subsequently leaked on social media – appealing for the party’s MPs to vote for Maumoon Hameed, son of former Atolls Minister Abdulla Hameed.

Gayoom noted that President Abdulla Yameen had declared at a PPM rally that he wished to appoint Maumoon Hameed to the post and that the president had “sent a message through the PPM’s official viber group” requesting the party’s MPs to vote for the lawyer.

Vetting process

Following a vetting process, parliament’s independent institutions oversight committee had rejected both of President Yameen’s nominees last week.

While a minimum score of 75 marks was required for the committee to recommend a nominee for approval, Hameed received 33 percent and Muhthaz received 67 percent.

The committee’s evaluation report has been tabled in the agenda for debate at Monday’s sitting of parliament, after which the nominees will be put to a vote.

Meanwhile, Gayoom sent a letter to MP Nihan – also leaked on social media (page one and two) – last week demanding an explanation of the PPM-majority committee’s decision.

The oversight committee – chaired by PPM MP Ali Saleem – is comprised of five PPM members, one MP from coalition partner Maldivian Development Alliance (MDA), three opposition Maldivian Democratic Party (MDP) MPs and two Jumhooree Party (JP) MPs.

In his letter, Gayoom contended that a committee meeting held on July 10 where the nominees were interviewed – where the chair had “acted arbitrarily” – was conducted in violation of parliamentary rules of procedure.

Gayoom said he had learned that the nominees were summoned without a vote by members and that an assessment criteria had not been passed prior to the interviews.

Moreover, he added, the marks sheets were not tallied in the presence of committee members.

Gayoom also argued that a sitting judge could not stand for the post of PG, citing article 151 of the constitution – which requires judges to “devote his full time to the performance of the responsibilities of a judge” – and a “legal norm” whereby judges who leave the bench must wait two years before practicing law.

While article 26(a) of the Judges Act stipulates that a judge who stands for a political post specified in law or the constitution would no longer be a judge, Gayoom noted that Muhthaz had not done so.

However, the Judicial Service Commission (JSC) has since said that judges could apply for posts in independent institutions.

Vacant PG post

Meanwhile, following the PPM parliamentary group’s decision today, MDP MP Rozaina Adam tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

She also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including PG Leader Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw Hameed fail to garner the required 39 votes after falling just three votes short.

According to article 221 of the constitution, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

A majority in the 18th Majlis is 43 seats. In addition to its 43 MPs, the PPM’s coalition partner MDA has five MPs. The minority party announced today that its MPs would also vote for Muhthaz.

Following the previous parliament’s rejection of Hameed, President Yameen refused to submit a new nominee and opened up a third call for applicants, announcing his intention to nominate Hameed for a second time to the newly elected 18th People’s Majlis.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

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

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

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Oversight committee rejects President Yameen’s nominees for Prosecutor General

Parliament’s independent institutions oversight committee last night decided against recommending for approval President Abdulla Yameen’s nominees for the vacant post of Prosecutor General (PG).

According to opposition Maldivian Democratic Party (MDP) MP Rozaina Adam, the committee awarded President Yameen’s nephew Maumoon Hameed 33 percent and Criminal Court Judge Muhthaz Muhsin 67 percent following a vetting process.

A minimum score of 75 percent or marks is required for the committee to recommend a nominee for approval. The pair were interviewed by the committee last Thursday night (July 10).

Marks were awarded following evaluation of their academic qualifications, experience, competency, management skills, leadership qualities, achievements, and integrity.

The nominees will however be put to a vote on the People’s Majlis floor.

The ruling Progressive Party of Maldives (PPM) has a clear majority of the 85-member house with 43 MPs in addition to five MPs of coalition partner Maldives Development Alliance (MDA).

The independent institutions oversight committee is comprised of five PPM MPs, one MDA MP, three MDP MPs and two Jumhooree Party (JP) MPs.

The final evaluation process took place at a closed session last night where opposition MPs reportedly awarded zero marks to both nominees.

In April, Maumoon Hameed failed to garner the required 39 votes in the previous parliament – falling just three votes short – four months after he was put forward by President Yameen.

Article 221 of the constitution states, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

The independent oversight committee in the 17th People’s Majlis had also rejected Hameed’s nomination after the lawyer failed to meet the assessment criteria.

“Approval is based on a preset grading scheme, and not on members’ opinions,” MP Rozaina told Minivan News at the time.

The PG’s post has been vacant since November following the resignation of Ahmed Muizz ahead of a scheduled no-confidence motion in parliament.

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

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

President Yameen meanwhile refused to submit a new nominee to the 17th Majlis during the crisis and opened up a third call for applicants, announcing his intention to nominate Hameed – son of former Atolls Minister Abdulla Hameed – for a second time to the newly elected 18th People’s Majlis.

Meanwhile, at its meeting last night, the independent institutions committee also awarded 68 percent to President Yameen’s nominee for the Police Integrity Commission, Adam ‘Kurolhi’ Zahir.

The committee however approved the nominations of former MP Abdul Azeez Jamal Abubakur for the newly created post of Information Commissioner with 88 percent and Aishath Zahira for deputy governor of the Maldives Monetary Authority (MMA) with 90 percent.

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President’s nominees forwarded to committee for vetting

A number of nominees by President Abdulla Yameen for independent institutions and diplomatic posts have been forwarded to the relevant standing committee for vetting at today’s sitting of parliament.

The nominees include President Yameen’s nephew Maumoon Hameed for the vacant post of prosecutor general, ‘Kurolhi’ Adam Zahir for a vacant seat on the Police Integrity Commission, and former MP Abdul Azeez Jamal Abubakur for the new post of Information Commissioner.

The nominees will be interviewed and vetted by the independent institutions committee.

President Yameen also nominated Aishath Zahira for deputy governor of the Maldives Monetary Authority.

Among nominees for diplomatic posts were Ahmed Shian as ambassador to the EU and non-resident high commissioner to the UK, Dr Mohamed Asim as the non-resident high commissioner to Bangladesh, Abdulla Hameed as the non-resident ambassador to the United Arab Emirates and Kuwait, and Fathmath Inaya as the non-resident ambassador to Singapore.

The nominees to the diplomatic posts will be vetted by the national security committee.

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President Yameen defends nomination of Maumoon Hameed for prosecutor general post

President Abdulla Yameen has defended the nomination of his nephew Maumoon Hameed to the vacant post of prosecutor general (PG), announcing his intention to nominate the lawyer to parliament for a second time.

Parliament rejected Hameed – son of former Atolls Minister Abdulla Hameed – on April 14 after the nominee fell three votes short of securing parliamentary approval.

Addressing supporters in the Feydhoo ward of Addu City last night (May 18), President Yameen insisted that Hameed was chosen based on competence and qualification rather than family connection.

“I don’t want in any case for the People’s Majlis to appoint Maumoon Hameed to the post of Prosecutor General because he is my brother or a member of my family,” Yameen said.

“But even tonight, I want to say proudly, standing before the public, that yes, it is true, there are educated and competent persons in my family. They want to serve the Maldivian government and the Maldivian people. They will be brought before the law when they violate the law. I am sending Maumoon Hameed’s name [to parliament] this time as well.”

He added that he wished for parliament to approve “approve a trustworthy and experienced person as prosecutor general.”

Opposition members of the Majlis involved in the previous approval process have suggested that he had failed to meet the oversight committee’s assessment criteria, suggesting that he had shown a poor understanding of current legal issues concerning the country’s legal system.

Yameen observed that the nomination of his nephew has been the subject of criticism in the media, noting that the names of other applicants would be forwarded to parliament as well.

Earlier this month, the President’s Office invited applications for the PG post for a third time after too few candidates put forward their names.

President’s Office Spokesperson Ibrahim Muaz revealed this week that the applicants included four judges in addition to former Tourism Minister Mariyam Zulfa and state prosecutor Aishath Fazna Ahmed.

The PG’s post has been vacant since November following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

The criminal justice system was meanwhile temporarily brought to a halt with the resignation on May 4 of Deputy Prosecutor General Hussain Shameem – who had been fulfilling the responsibilities of the PG – citing “obstruction” by the Criminal Court.

In the wake of Shameem’s resignation, state prosecutors refused to attend trials in the absence of both the PG and his deputy. However, the prosecutors resumed work after a week-long hiatus following a Supreme Court order last week.

18th People’s Majlis

Following parliament’s rejection of Hameed last month, opposition Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor suggested that the failure to secure a simple majority of 39 votes was down to either poor organisation on the part of the ruling Progressive Party of Maldives (PPM) or a sign of discord within the governing coalition.

“MP Gasim Ibrahim [Jumhooree Party leader] was openly lobbying against the PG nominee 30 minutes before vote but voted with PPM,” Hamid claimed, noting the conspicuous absence of a number of prominent government-aligned MPs for the vote.

Hamid predicted that Maumoon Hameed’s name would be resubmitted to the newly-elected parliament as the Progressive Coalition secured a comfortable majority in the March 22 polls.

Tension has however arisen between the PPM and coalition partner JP over the post of speaker. While Gasim announced his intention to stand for the post, President Yameen said the speaker should be a member of the ruling party as it won the most number of seats in the 18th People’s Majlis.

The Progressive Coalition won a combined total of 53 seats in the March 22 parliamentary polls, well above the simple majority of 43 required to approve presidential nominees and pass legislation.

In his speech last night, President Yameen strongly criticised the outgoing parliament, reiterating the importance of parliament’s cooperation for implementing the government’s policies and carrying out infrastructure projects.

“I want a member of our party to become speaker of the People’s Majlis in this term. I don’t want a member of another party to hijack our party,” he said.

Speaking at the function, former President Gayoom also said that the PPM needed to ensure public backing for the government.

“The government needs the sincere support of the Maldivian people at this time. We can provide that support to the government by increasing the number of members in our party,” he said.

The PPM leader launched a recruitment drive to increase party membership earlier this month.

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Maumoon Hameed among applicants for prosecutor general position

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

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

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

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

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

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

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

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

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Majority of criminal trials cancelled for third day

Majority of criminal trials have been cancelled for the third day over legal issues caused by an ongoing leadership vacuum at the independent Prosecutor General’s (PG) Office.

State prosecutors ended a weeklong strike on Tuesday and started attending trials following a Supreme Court ruling, but the majority of hearings were cancelled for the third day today as courts remain unclear on how to interpret the ruling.

The strike came in response to acting PG Hussein Shameem’s resignation and brought the criminal justice system to a halt.

Prosecutors said they were in a “legal void” and expressed concern over lack of accountability in the absence of a PG or deputy PG.

However, the Supreme Court’s ruling on Monday ordered prosecutors to resume work “without any further excuse” claiming there was no legal basis for them evading responsibilities handed over by the prosecutor general or his deputy.

Subsequently, the Criminal Court on Tuesday said it would only proceed with cases if prosecutors had a document signed by the leadership authorising them to represent the state in a specific case.

However, local media said the courts were in disarray with only some judges following the policy.

In response, Chief Justice Ahmed Faiz Hussein sent a letter to Criminal Court Judge Abdulla Mohamed stating that cases should proceed if prosecutors were authorised by the senior most official at the PG office to represent the state.

Faiz reminded the Criminal Court that its ruling said the criminal justice system must not come to a halt.

The Supreme Court in its ruling said the country was in a “state of necessity” where extra legal actions by the government could be deemed lawful.

However, critics have said the state of necessity argument could only be valid if either the executive and legislative branches were in a situation where they cannot carry out their constitutional duty and approve a new PG.

Former PG Ahmed Muizz resigned in November 2013 shortly before a vote of no confidence at the People’s Majlis.

The People’s Majlis rejected President Abdulla Yameen’s first choice – his nephew Maumoon Hameed – for the job in March.

Deputy PG Shameem headed the office for five months in the absence of a PG, but resigned on May 6 citing the Criminal Court’s “obstruction” of criminal justice.

In his resignation statement, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

Shameem called on the state to approve a new candidate immediately, but Yameen has said he will only submit a new nominee to the newly elected parliament, which is set to convene on May 28. The ruling coalition enjoys a healthy majority in the new Majlis.

The current Majlis is in recess, but Speaker Abdulla Shahid has said an extraordinary session could be scheduled on the request of one-third of sitting MPs.

Local media has today revealed that seven candidates have applied for the vacant PG’s position. The third call for applications were closed today at 3pm.

Former attorney general and President of the Bar Association Husnu Suood said the apex court’s ruling might allow the status quo to continue indefinitely.

“I am saddened the Supreme Court did not allocate a time period in which the president and parliament must appoint a new PG. The way to uphold the constitution, the real solution to this problem, is to appoint a new PG as soon as possible,” he said.

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Judicial watchdog considers probe into Drug Court Judge’s blog

The Judicial Services Commission (JSC) is considering a probe into a blog post by Drug Court Judge Mahaz Ali.

The judge’s May 8 blog post disagreed with the Attorney General’s (AG) advise on the ongoing leadership vacuum at the independent Prosecutor General’s (PG) Office.

JSC member Sheikh Shuaib Abdul Rahman said the commission had started discussions on whether to proceed with an investigation, but said a decision has not been made yet.

“I do not believe the commission should take up this matter. Article 41 of the Judges Act allows judges to engage in academic writing,” Shuaib said.

Clause 41 (a) of the Judges Act states judges may write essays and academic documents as long as they do not intend to politically benefit any party.

According to Shuaib, AG Mohamed Anil, who also sits on the JSC, had agreed with him on the matter.

In his legal opinion to President Abdulla Yameen, Anil last week said the senior most official at the PG office must takeover the PG’s constitutional obligations in the aftermath of acting PG Hussein Shameem’s resignation.

State prosecutors had stopped work at the time, bringing the criminal justice system to a halt.

Anil said prosecutors must resume work even in the absence of guidance by the PG, claiming the country was in a “state of necessity” where extra legal actions by the government could be deemed lawful.

However, Mahaz wrote that the state of necessity argument was valid only if there was no legal solution to the crisis, suggesting that there was no reason President Yameen could not propose a name for approval by the current People’s Majlis.

Yameen had said he would only submit a new nominee to the newly elected parliament, which is set to convene on May 28.

The current Majlis is in recess. It had rejected Yameen’s previous choice – his nephew Maumoon Hameed – for the position in March.

Mahaz said any criminal trials in the PG leadership’s absence is unconstitutional.

“A state of necessity is faced only when all legal avenues have been exhausted. In the current situation, the solution is to appoint a new prosecutor general. The current People’s Majlis is not in a situation where it cannot carry out its duties,” wrote the judge.

“The authority that must nominate a candidate [the President] is able to do so. Unless these two parties are in a state in which they cannot carry out their constitutional duties, a state of necessity will not be faced in the prosecutor general’s case.”

However, prosecutors were forced to end their strike on Tuesday following a Supreme Court ruling on the matter on Monday. The ruling upheld Anil’s state of necessity argument.

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Supreme Court orders prosecutors to resume work “without any further excuse”

Invoking its powers as the highest authority for administration of justice, the Supreme Court has today ordered state prosecutors to return to work “without any further excuse.”

Lawyers at the Prosecutor General’s (PG) Office have been on strike since acting PG Hussein Shameem’s resignation on May 6, forcing the Criminal Court to cancel all criminal hearings.

However the apex court in a ruling today ordered prosecutors to attend trials, stating “[T]here is no legal basis to allow any actions that violate societal rights and disrupt the peace in a democratic society under sovereign rule, and it is essential that the criminal justice system continues to function, for as long as the Maldivian state continues, to uphold the rule of law and protect state and citizens’ rights.”

The ruling comes a day after prosecutors sent a letter to President Abdulla Yameen expressing concern over lack of accountability mechanisms in the PG’s absence, and disagreeing with the Attorney General’s (AG) opinion that the senior most official in the office must take over the PG’s constitutional obligations.

AG Mohamed Anil had claimed the leadership vacuum had caused a “state of necessity” where extra legal actions committed by the state to restore order could be deemed constitutional.

The Supreme Court concurred with Anil’s advise and added state prosecutors must resume work to ensure the criminal justice system functions without stop under the principle of continuity of government.

However, former AG and President of the Bar Association Husnu Suood said the apex court’s ruling might allow the status quo to continue indefinitely.

President Yameen has said he is waiting until the new parliament, in which ruling coalition holds a majority, convenes on May 28 to submit a new nominee.

The current Majlis – in recess before the end of its term – rejected the president’s nephew Maumoon Hameed for the position in March.

The Supreme Court had invoked both the state of necessity and continuity of government principles to legalise former President Dr Mohamed Waheed’s decision to stay on as president despite the end of his term on 11 November 2013.

Critics including Drug Court Judge Mahaz Ali have previously claimed the state of necessity argument to be invalid as long as the responsible authorities—president and parliament—are able to carry out their duties.

State prosecutors’ failure to follow the Supreme Court’s ruling may result in disobedience to order and contempt of court charges.

The Supreme Court in March stripped Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz of their membership for alleged contempt of court and disobeying the court’s rulings.

The EC was brought to trial under new regulations that allow the Supreme Court to initiate proceedings, prosecute and pass judgment.

Shameem had resigned citing the Criminal Court’s “obstruction” of criminal justice by failing to prosecute foreigners involved in drug trafficking, delaying rulings on drug related offenses and presenting“unreasonable obstacles” in filing cases at the court.

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State prosecutors push president for action on criminal justice crisis

State prosecutors today urged President Abdulla Yameen to bring an end to the criminal justice crisis caused by the leadership vacuum at the Prosecutor General’s (PG) Office.

The ongoing work stoppage at the office has brought the criminal justice system to a halt and prosecutors have refused to attend court following acting PG Hussein Shameem’s resignation last week.

In a letter to the president, prosecutors called for the immediate appointment of a new PG, arguing “[J]ust because we are the PG office’s staff, we do not believe we are authorised to perform the constitutional obligations of the prosecutor general.”

Yameen had previously said he would only submit a new nominee for parliamentary approval when the newly elected People’s Majlis convenes on May 28.

The president’s previous choice for the role—his nephew Maumoon Hameed—failed to gain the required number of votes in parliament last month. In contrast to the current Majlis, pro-government parties will enjoy a health majority in the 18^thMajlis.

In their letter, prosecutors disagreed with Attorney General Mohamed Anil’s advice that the most senior official at the office must now take over the PG’s responsibilities. Anil had justified his opinion claiming the country was in a “state of necessity”—a situation where extra-legal actions by state actors, designed to restore order, are deemed constitutional.

However, prosecutors said the state of necessity argument was not valid as long as the Majlis and the president were capable of performing their constitutional duties.

“If there is a state of necessity, the [state] must appoint a prosecutor general according to the law, instead of appointing a party, whose legal status will be questionable, to the job” the letter noted.

“We do not believe we can be forced to act outside established laws,” the prosecutors went on, claiming the constitution and the PG Act does not allow a third party to take over the PG’s responsibilities.

Questionable legal status

Quoting the PG Act, the prosecutors said the only party authorised to carry out the office’s responsibilities was the Deputy PG, while any other work can only be carried out to the extent stated by the leadership.

If a third party were to take over, there were no legal provisions to hold them accountable or ensure their work is impartial, they noted.

“The public must have the assurance that a third party will work without bias, and that accountability mechanisms are in place. This is because the PG’s work is directly connected to public rights,” the letter stated.

Prosecutors also stressed that there must be no question regarding the legal status of PG office representatives in the courtroom given the serious nature of criminal cases.

“Any case the prosecutor general files involves the legal rights of the defendant and their families. It further involves the rights of those who have been physically, psychologically, and financially harmed, victims of sexual and inhumane crimes, and rights of their families. It involves the public interest,” the letter said.

Although the Supreme Court has said criminal trials can continue in the absence of a PG, Druge Court Judge Mahaz Ali has said such trials would be unconstitutional.

Meanwhile, the Bar Association and the opposition Maldivian Democratic Party (MDP) have called for the immediate appointment of a prosecutor general through the current Majlis to end the crisis.

Shameem resigned on May 6 citing the Criminal Court’s “obstruction” of criminal justice.

In his resignation statement, he said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

The President’s Office put out a third call for names this week, claiming the previous number of applicants had been low during the second call. Shameem had expressed interest in the position both times, while local media has speculated that a third call will allow Hameed to resubmit his application.

Office spokesman Ibrahim Muaz told Minivan News that there was, as yet, no official response to the letter sent by state prosecutors.

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