Transparency Maldives urges state officials not to accept ‘arbitrary gratuities’

Transparency Maldives (TM) has urged the heads of independent institutions to refrain from accepting “arbitrary gratuities” from the government.

The government awarded luxury flats at discounted prices last month to Supreme Court justices and four heads of independent bodies, including the Anti-Corruption Commission (ACC), in what it called an attempt to “ensure their integrity.”

The anti-corruption NGO won the inaugural ‘National Integrity Award’ introduced by the ACC and handed out at a ceremony held last night to mark the first national anti-corruption day. The auditor general’s office was the other recipient of the award.

“While Transparency Maldives appreciates the efforts to acknowledge our core values and community services, we reiterate that upholding the integrity of independent institutions is an integral mandate of high ranking public posts in these independent institutions,” the NGO said in a statement today.

“As such, we call upon the heads of independent institutions to refrain from accepting arbitrary gratuities from the government.”

TM also urged independent bodies to “safeguard from undue influence and allegations of bribery and corruption in order to uphold the value of integrity and increase public confidence in independent institutions.”

TM said the organisation is “honoured” to have the received the award and “appreciates the acknowledgement of integrity as a fundamental premise to a healthy society”.

Speaking at last night’s ceremony held on the island of Kulhudhufushi in Haa Dhaal atoll, ACC president Hassan Luthfy reportedly said that loopholes in the law posed difficulties in investigating corruption allegations and securing convictions.

He called on MPs to pass a criminal procedures code and an evidence law and include ‘illicit enrichment’ as an offence in the new penal code.

In 2014, the commission concluded 783 investigations and forwarded 35 cases for prosecution, seeking to recover MVR1.4 million (US$90,791) owed to the state.

“Gratuities”

Luthfy confirmed to Minivan News last month that he had signed a contract to buy one of the apartments at the discounted price.

Flats were also awarded to all five Supreme Court justices, the prosecutor general, the commissioner general of customs, and the information commissioner.

While the state can provide privileges to state officials “based on need and limited to the duration of employment of individuals”, TM noted at the time that the flats are “permanently contracted by the executive to public officials holding time-bound positions of the state”.

“The offering of arbitrary privileges to public officials holding high-ranking positions and the acceptance of such privileges will undermine public trust in these institutions,” the NGO warned.

“TM also notes that upholding integrity in the performance of high-ranking public posts is an integral and core mandate of such positions, and should not be incentivised through handouts of property or other forms of personal enrichment.”

However, the government has defended its decision to offer discounts on the flats.

Tourism minister Ahmed Adeeb told the press that the apartments were awarded to “ensure the integrity of independent institutions”.

“The flats were not handed out. The recipients have to pay for them. This will result in ensured integrity of independent institutions and, moreover, it will strengthen the state,” he said.

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Discount flats for state officials undermine trust: Transparency

Transparency Maldives has called on the state to refrain from providing “any form of gratuities and privileges to state officials” following the hand over of flats to high-ranking officials.

The government awarded luxury flats at discount prices to Supreme Court judges and four heads of independent bodies including the Anti-Corruption Commission in what it called an attempt to “ensure their integrity”.

The awarding of flats to state officials can be perceived as an attempt by the executive to exert undue influence, Transparency said.

While the state can provide privileges to state officials “based on need and limited to the duration of employment of individuals”, Transparency Maldives expressed concern that the flats are “permanently contracted by the executive to public officials holding time-bound positions of the state”.

“The offering of arbitrary privileges to public officials holding high-ranking positions and the acceptance of such privileges will undermine public trust in these institutions,” the anti-corruption NGO warned.

“TM also notes that upholding integrity in the performance of high-ranking public posts is an integral and core mandate of such positions, and should not be incentivised through handouts of property or other forms of personal enrichment.”

The government has defended its decision to offer discounts on the flats to selected judges and chiefs of independent bodies.

Co-chair of the Economic Council Ahmed Adeeb told a press conference last week that the apartments were awarded to “ensure the integrity of independent institutions”.

“The flats were not handed out. The recipients have to pay for them. This will result in ensured integrity of independent institutions and moreover it will strengthen the state,” he said.

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Government hands discounted flats to judges, commission heads

The government has awarded luxury flats at discount prices to Supreme Court judges and four heads of independent bodies including the Anti-Corruption Commission in what it calls an attempt to “ensure their integrity”.

However, the opposition has condemned the distribution as a “government effort to enslave independent institutions”.

The government was handed 10 flats in the newly built Rehendi Residency, constructed by FW Construction in Male’. The housing ministry then offered the semi-finished apartments for MVR 1.6m (US $103,761), much lower than the market price, to the chosen individuals.

Hassan Lutfee, president of the Anti-Corruption Commission, confirmed to Minivan News he had signed a contract to buy one of the apartments at the discounted price.

A former owner of one of the apartments not awarded to the government told Haveeru he had bought his apartment for MVR 2m (US $129,000).

The government also waived the six per cent interest charged to other flat buyers on their loans, though the prosecutor general said he had requested to pay the normal rate.

According to the local media, the flats were awarded to Chief Justice Abdulla Saeed, Supreme Court judges Ahmed Abdulla Didi, Adam Mohamed Abdulla, Abdulla Areef and Ali Hameed, Criminal Court Judge Abdul Bari Yoosuf and Prosecutor General Muhthaz Muhsin.

Apartments were also allotted to Commissioner General of Taxation Yazeed Mohamed and Information Commissioner Abdul Azeez Jamal Abu-Bakr. Not all the recipients have yet signed contracts to buy the flats.

Co-chair of the Economic Council Ahmed Adeeb told a press conference on Wednesday that the apartments were awarded to “ensure the integrity of independent institutions”.

“The flats were not handed out. The recipients have to pay for them. This will result in ensured integrity of independent institutions and moreover it will strengthen the state,” he said.

However, the opposition parties accused the government of trying to “enslave” the judiciary and independent institutions.

“This clearly is corruption. The constitution clearly states that no benefits can be given to members of independent institutions without parliament’s approval,” said MP Ali Hussain of the opposition Jumhoory Party.

“The fact that the flats were given personally to the heads of the institution and not [linked to] the post is outrageous.”

Article 102 of the constitution states that members of the judiciary and independent commissions “shall be paid such salary and allowances as determined by the People’s Majlis [parliament]”. However, parliament was not involved in allotting the apartments.

Muhathaz, the prosecutor general, told Minivan News he does not think the awards involve corruption.

“In my opinion the awarding of the flats is not unconstitutional. But I personally believe that it would have been better if it was awarded to the prosecutor general and not to me,” he said.

Information Commissioner Jamal said the flats were given to help the judges and institution heads live in a secure building, and dismissed any idea of government influence.

“I assure the people that I will always act professionally and within the bounds of the constitution and the laws,” he said.

The prosecutor general receives a monthly salary and allowances of MVR 57,500 (US $3,741), while the anti-corruption commission chief receives MVR 45,000 (US $2,927). Supreme court justices are paid MVR 71,000 ($4,619) and the chief justice MVR 73,125 ($4,757). They also receive extra benefits such as insurance.

A majority of civil servants are paid less than MVR 5,000 (US $325) a month.

The Supreme Court declined to comment on the issue, while the Housing Ministry refused to give information beyond what was discussed in the Economic Council press conference.

Judge Bari and Taxation Commissioner Yazeed were unavailable for comment at the time of going to press.

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