Tag: supreme court

Supreme Court guidelines undermine EC’s independence: Fuwad Thowfeek

The 16-point guideline for conducting elections imposed by the Supreme Court on the Elections Commission (EC) has undermined the institution’s independence, EC President Fuwad Thowfeek told MPs on the government oversight committee yesterday.

In a meeting with the opposition-majority oversight committee to discuss budget constraints, Thowfeek said he did not believe the EC was fully independent as some of its powers and responsibilities were transferred to other institutions by the Supreme Court judgment that annulled the September 7 presidential poll.

“For example, having to consider the Department of National Registration’s (DNR) list as the basis in preparing voters list and compelling us to use a person from the police service to transport [election-related] material from one place to another,” he said.

Thowfeek also referred to the cancellation of polls in last year’s presidential election after candidates from the Progressive Party of Maldives and Jumhooree Party refused to sign the voters list, which was among the requirements imposed by the apex court.

As the Finance Ministry has not released funds allocated in the state budget for conducting the upcoming parliamentary election, Thowfeek said that financial constraints were also an impediment to the commission’s work.

Lack of financial independence poses difficulties and “restrictions”, he added.

EC members expressed concern at yesterday’s committee meeting over having to make individual requests to the Finance Ministry to pay bills and settle other expenses incurred in preparations for the polls.

Asked by MP Visam Ali if the commission was able to comply with the Public Finance Act and regulations under the law while it was forced to depend on the ministry for expenses, Thowfeek said the EC was being told to disregard provisions of the law.

“I have to say again that the first [institution] to do this was the Supreme Court. As far as I know, the sumoto mechanism they have made to prosecute Elections Commission members is against the constitution of the Maldives,” he said.

The EC did not have “any other option or choice” when the Finance Ministry instructs the commission to disregard the public finance law, Thowfeek said.

If the EC refuses on the grounds that “it’s against the law”, Thowfeek continued, there was a fear that the parliamentary election could not be held as scheduled on March 22.

Contempt of court

On February 12, the Supreme Court summoned EC members and began a surprise trial on charges of contempt of court.

The apex court invoked new ‘Sumoto’ – or ‘Suo motu’ – regulations that allow the court to initiate hearings and act as both prosecutor and judge in a trial.

The court contends that criticism by EC members of its decision to annul the first round of last year’s presidential election – citing a secret police report that has since been dismissed by a UN expert review and questioned by the Human Rights Commission of Maldives – constituted contempt of court.

At the last hearing of the trial, Supreme Court Justices used testimony given to the oversight committee to implicate EC members in contempt of court.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

However, Supreme Court Justice Ahmed Abdulla Didi contended that the EC’s testimony at the committee obstructed justice – which he argued was a tenet of Islam – and could therefore be used in a court.

Asked by Committee Chair MP Ali Waheed if commission members were aware of the punishment for contempt for court, EC member Ali Mohamed Manik said he was informed by the commission’s legal team that there was no law specifying a penalty for contempt of court.

“They said there is no punishment. So I’m hoping that we haven’t committed a crime and there won’t be a punishment,” he said.

Manik referred to Article 223 of the constitution, which states that the supervision and prosecution of all criminal offences was the responsibility of the prosecutor general.

“But we didn’t see the prosecutor general there. We answered questions put to us by Supreme Court judges,” he said.

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Corruption, religious freedom, and judiciary biggest human rights problems in Maldives, say US report

The US State Department has described “charges of Supreme Court interference to subvert the presidential elections process,” as among the most significant human rights problems in the Maldives in its 2013 human rights report.

Also highlighted in the report were restrictions on religious freedom, and “corruption of officials in all branches of government”.

No instances of imprisonment on political grounds, unlawful deprivation of life, or disappearance were recorded, while progress was noted with regards to the passage of the anti-torture and right to information bills.

The report accused much of the judiciary of being unqualified and corrupt, and noted that its rulings during last year’s presidential elections had the effect of restricting the independence of the Elections Commission (EC).

The judiciary was described as “not independent and impartial and was subject to influence and corruption”.

It said that a number of judges were “known to base their rulings on cash rewards, and there were reports that lawyers occasionally built the cost of bribes into their fees” while the public generally distrusted the judiciary.

The report estimated that one in four judges have a criminal record, and that two carried convictions for sexual assault.

It was suggested that the outcomes of cases appear to be predetermined, such as the repeated intervention of Supreme Court in the presidential elections where the court directly accepted cases without allowing lower courts to hear them first.

The October annulment ruling and the 16-point guide to conducting elections was reported to have given both the court and political parties veto power over the EC, “curbing its independence and its ability to execute its mandate”.

The report also mentioned the alleged sex tapes of Judge Ali Hameed and his continued presence on the bench.

“Many judges, appointed for life, held only a certificate in sharia, not a law degree. Most magistrate judges could not interpret common law or sharia because they lacked adequate English or Arabic language skills,” read the report.

Police

The report noted that security officials employed practices that fell under what it regarded as ‘torture and other cruel, inhuman, or degrading treatment or punishment’.

While proper arrest procedures were found to be in place, the report noted that police did not fully implement them, particularly in dealing with protests. It was also noted that courts sometimes freed detainees “on the condition that they not participate in protests or political gatherings for a specified number of days”.

In regard to the cancelled October 19 presidential election, it was reported that “Police abdication of their responsibility prevented the elections from occurring”.

It was found that six cases of police brutality were sent to the Prosecutor General’s Office in 2013, but that five of these officers remained with the police – with one of them being promoted – and two cases later dismissed for lack of evidence.

Referring to the Police Integrity Commission (PIC), the report stated that two of three cases where police officers were alleged to have sexually harassed detainees in 2012 were also dropped for lack of evidence.

While the prisons were found to have ‘met most international standards’, it was also found that they were overcrowded.

Flogging, Rape, Domestic Violence and Sexual Harassment

The controversial case of a 15-year-old victim of sexual abuse being sentenced 100 lashes was recorded, detailing the fact that her alleged abuser received no sentence at all. The girl’s sentence was annulled by the High Court following a government appeal due to domestic and international pressure.

The penal code does not classify rape as a separate offense, the report stated, while the PG’s Office lost almost all cases of forced sexual assault due to insufficient weight was given to the testimony of the victim.

Spousal rape is not considered a crime under the law, and according to the report difficulties remain in implementing the domestic violence act due to religious beliefs.

While the Ministry of Health and Gender was said to have received just five cases of sexual harassment, the report stated that various forms of harassment were accepted as the norm in government offices. The protracted removal CSC President Mohamed Fahmy Hassan was noted in the report.

While the law stipulates sentences of up to 25 years in prison for those convicted sexual offenses against children, the report said that “if a person is legally married to a minor under sharia, however, none of the offenses specified in the legislation are considered crimes”.

In 2012, a total of 47 underage marriages were registered at the court, of which 35 involved girls and 12 involved boys.

Civil and political rights

Common to human rights reports on the Maldives, restrictions on freedom of speech and expression in order to protect Islam was noted. Media self-censorship in issues related to Islam – for fear of harassment- and in issues relating to the judiciary were detailed.

One piece of legislation criticised through out the report was the the Freedom of Peaceful Assembly Act, which was said to be restricting freedom of expression and the press along with freedom of peaceful assembly itself.

The report said this law “effectively prohibits strikes by workers in the resort sector, the country’s largest money earner”.

With regards to privacy, the report stated that standards required for court permission to monitor mails and phone conversations was very low.

Discrimination and attacks against Raajje TV, in particular the attack on Ibrahim ‘Asward’ Waheed, were mentioned. As the case of the attack against Asward continued, no arrests were made regarding the attacks against journalist Ismail Hilath Rasheed in 2011 and 2012. Hilath’s blog continues to be blocked.

The government was found to have failed to enforce applicable laws with regards to workers rights, and the report criticised established mechanisms such as the employment tribunal as “cumbersome and complicated” which violators of employment law often ignore.

“According to the Labor Relations Authority (LRA), there were four strikes. In two cases the employer refused to work with the LRA as mediator and strike participants were fired. In two others, the LRA participated by phone but strike leaders and others who persisted with the strike were terminated,” the report said.

It stated that some undocumented migrant workers were subject to forced labor in the construction and tourism sectors, while domestic workers – especially migrant female domestic workers – were sometimes trapped in forced servitude.

Without any laws on refugee or asylum status, a family of four Palestinian refugees from Syria were housed in Hulhulé island without being rehoused upon UNHCR’s request until asylum was granted for them by Sweden.

Read the full report here.

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Week in review: February 22– 28

A tragic incident at the country’s main public hospital – IGMH – caused outrage this week as it was revealed that HIV infected blood had been given to a patient.

Profuse apologies from the Home Minister were not enough for the opposition Maldivian Democratic Party (MDP) who accused the government of hiding the news for eight days in order to complete the celebrations of its first 100 days in power.

Earlier in the week, Minivan News was informed that certain operations at the hospital had been suspended owing to the lack of the necessary staff safety equipment. The week had begun with Indian Foreign Minister Salman Khurshid pledging US$10 million for the renovation of the Indian-built facility.

The introduction of unlimited health insurance had already been announced earlier in the week. The ambitious pledge is soon to be followed by larger pensions, both of which are set to be sustained through the issuance of government debt.

Promises for completion of the long-awaited Malé-Hulhulé bridge within two years were also given, though development of the central atolls appeared to be coming at the expense of the Addu – the country’s second-city.

High priority is being given to the housing situation of police officers, while the fisheries minister launched a training scheme for long-line fishing, arguing that deviation from the country’s traditional pole-and-line approach was important to utilise all fishing grounds.

The Supreme Court’s decision to prosecute the Elections Commission (EC) on contempt of court charges prompted alarm this week from both representatives of the EU and Maldivian civil society, who demanded the court “earn the respect of the people”.

The EU called upon the government to ensure the EC’s independence in the run up to the March 22 parliamentary elections. Despite the government’s financial restrictions on EC spending, the commission has assured that polls will be unaffected.

While on the campaign trail, the MDP’s Mohamed Nasheed warned that the people of the country would not tolerate further electoral interference, labelling the ongoing court case “unjust”.

While Nasheed assured that his party does not intend to obstruct the government should it win a majority, President Yameen remained unconvinced, assuring voters that the MDP would attempt to remove him.

Yameen also rounded on the current members of the country’s legislature, arguing that the public had lost confidence in the institution. The recently jailed MP Abdulla Jabir was this week cleared of further cannabis possession charges – his lawyers have suggested his earlier conviction violated his constitutional rights.

The Criminal Court’s running feud with the Prosecutor General’s Office continued this week, with the PG’s Office accusing the court of overstepping its authority when introducing new time limits for the forwarding of cases.

In the Civil Court, a dispute over an oil trade agreement between the State Trading Organisation and Villufushi constituency MP Riyaz Rasheed was thrown out after the former’s legal team failed to show up.

Further agreements on oil trade could be on their way, however, as the the national oil company announced it was searching for outside assistance for further exploration projects.

Though well-qualified to discuss oil, Saudi Prince Salman bin Abdulaziz was reported to be visiting the Maldives in order to talk about potential investments in tourism, transport, and Islamic affairs, as well the provision of a soft loans to the Maldives.

One avenue of Saudi investment into the country was confirmed this week, with a prominent investment firm from the kingdom making plans for a US$100 million resort in Laamu atoll.

Maldivians seeking to travel in the other way may have to delay their plans, however, after both the Civil Court and the Anti Corruption Commission ordered the Islamic Ministry to halt the awarding of contracts for Hajj trips pending investigations into the bidding process.

Elsewhere this week, the second case of forced child prostitution in the country’s southern atolls, while an inmate at Maafushi jail suffered severe head injuries during a fight with other inmates.

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Nasheed warns Supreme Court against interference in Majlis elections

Former President Mohamed Nasheed warned Chief Justice Ahmed Faiz Hussain last night against Supreme Court interference in the upcoming parliamentary elections scheduled for March 22.

Speaking at a campaign launching ceremony for two Maldivian Democratic Party (MDP) candidates, Nasheed said last year’s presidential election was “taken away from us by the Supreme Court.”

“The island council, atoll council, and city council elections have slipped from their fingers by God’s will while they were unaware. Now we are coming to the People’s Majlis elections again. If the People’s Majlis election is stopped, you could not place a bigger obstacle to the country’s development,” he said.

Supreme Court Justices “should know very well that the people of the Maldives will not forgive,” Nasheed said.

“And do not think that the courage of the Maldivian people has flagged. No, when they have to take to the streets, they will,” he said.

“If you decide to halt our elections, remember that we live on this land too. Keep in my mind, our Chief Justice Ahmed Faiz, know that we too grew up in this island. As long as we are on this soil, you cannot keep perpetrating injustices against our people.”

The Maldivian people were not indifferent or willing to “remain in a state of shock or fear,” Nasheed continued, adding that the people have “found courage from one another and moved past their fear”.

“We cannot remain still, we cannot give up the hope of our children and children’s children, we cannot give up the Maldives,” he said.

Suo motu

The Supreme Court summoned members of the Elections Commission (EC) on February 12 and began a surprise trial on charges of contempt of court. The apex court invoked new ‘Sumoto’ or ‘Suo motu’ regulations that allow the court to initiate hearings and act as both prosecutor and judge in a trial.

The court contends that criticism by EC members of its decision to annul the first round of last year’s presidential election – citing a secret police report that has since been dismissed by a UN expert review and questioned by the Human Rights Commission of Maldives – constituted contempt of court.

Nasheed meanwhile declared last week that the MDP will boycott the parliamentary elections if the Supreme Court removes EC members ahead of next month’s polls.

Speaking at a campaign event on the night before EC members were summoned, Nasheed accused parties in the ruling coalition of colluding with the Supreme Court to delay the Majlis elections as they were “certain of defeat.”

“In my view, an election conducted with the Supreme Court exerting influence over the Elections Commission to deliberately commit electoral fraud or rig the vote will not be a legitimate election – in my view, MDP should not participate in such an election,” Nasheed said.

Neither the international community nor the Maldivian public would accept general elections boycotted by the MDP, he insisted.

In his speech at a campaign launching ceremony on Monday night for MDP MP Imthiyaz Fahmy, Nasheed said judicial reform was the most pressing issue facing the Maldives at present.

Neither the chief justice nor other judges should think that the public would cease calls for reform or stop criticising the judiciary “out of fear,” he said, declaring that the party would “not back down in the slightest”.

Referring to the alleged sex tape of Supreme Court Justice Ali Hameed, Nasheed said the party’s concern was not with Hameed’s indiscretions but with the presence of “compromised” judges on the bench who were susceptible to “blackmail”.

While the new constitution was adopted to move away from the autocratic and unjust practices of the past, the Supreme Court has taken on powers to investigate, prosecute, conduct trial, and deliver verdicts on their own accord, Nasheed said.

“The fundamental basis of the reform that the Maldivian people wanted was ensuring that the prosecutor and the court that hears the case are separate. Persons must have the assistance of a lawyer to defend themselves from accusation of a crime,” he said.

“It is the prosecutor general who should prosecute on behalf of the state. We wanted to see separated powers of state [but] today we are seeing the Supreme Court negate the character of the constitution we wished for.”

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Civil society joins criticism of Supreme Court’s actions against EC

Read this article in Dhivehi

Civil society groups in the Maldives have added their voices to the growing concern over the Supreme Court’s actions against the Elections Commission (EC).

“The Maldivian Democracy Network and the Maldives NGO Federation are gravely concerned by the recent proceedings initiated by the Supreme Court of the Maldives against the members of the Elections Commission of the Maldives,” read a joint press release today.

After using newly introduced procedures to both initiate and oversee contempt of court charges against the EC, the court has subsequently deemed privileged Majlis testimony to be admissible in the case.

Today’s statement closely follows that of the EU’s Sri Lanka delegation which yesterday called upon the government to ensure the commission’s independence ahead of the March 22 Majlis elections.

Recalling the recent controversies surrounding the 2013 presidential election, the NGO statement argued these events had come at a “great cost to the state and the people”.

“We strongly urge all parties to ensure that the upcoming parliamentary elections are efficient, independent and fair. Any hindrance by any party to this process would be undemocratic and unfair for the people of the Maldives.”

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round. The annulment was followed by further cancelled and delayed polls after much wrangling over the court’s new election guidelines.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

The NGO statement has today referred to the 16 point guidelines as “onerous” and “controversial”.

Supreme Court must earn respect, say NGOs

Describing the current court case as “unjust”, runner-up in the presidential poll Mohamed Nasheed has said that his Maldivian Democratic Party (MDP) will not compete next month’s vote should the four EC members be removed.

Following today’s second EC advisory committee meeting in preparations for the March vote, MDP Spokesman Hamid Abdul Ghafoor said that the commission owed MVR12 million in pending bills after delays at the Finance Ministry.

Hamid reported, however, that the EC was confident the elections would proceed as scheduled.

The civil society statement noted that the decision to use testimony protected under the constitution had overstepped the court’s boundaries as the ultimate interpreter of the constitution.

Claiming establishing justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could be used in a court.

The court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution.

“The Elections Commission has been established in very clear terms by the Constitution of the Maldives as an independent institution with its oversight assigned to the people through their representatives in the People’s Majlis,” read today’s NGO press release.

“Writing this criteria in the Constitution cannot bring independence to an institution if it cannot be practiced and fully respected. Similarly, respect for an institution is not inherent to being a part of the Constitution. The Supreme Court must, as every other institution, earn the respect of the people.”

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EU concern over Supreme Court’s action against Elections Commission

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The EU has expressed “concern” over the Supreme Court’s decision to prosecute the Elections Commission for contempt of court

“The EU Delegation notes with concern the current action of the Supreme Court on its own initiative to bring before it members of the Elections Commission who have expressed concern over its judgments,” read a press release from the EU delegation based in Sri Lanka.

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

September’s annulled vote had been universally praised as free and fair, while the evidence used to cancel the result has been criticised by the UN as well as EC President Fuwad Thowfeek.

“The EU Delegation recalls the importance of legal proceedings being fair and transparent in accordance with international standards, and call on the Government of the Maldives to ensure the independence of the Elections Commission in the run up to and during the Majlis Elections so that they can proceed as scheduled on 22 March 2014. “

In addition to utilising new ‘Sumoto’ (or ‘Suo motu’) regulations that allow the apex court to initiate hearings and act as both plaintiff and judge in a trial, the Supreme Court’s contempt charges are based on privileged testimony given to the People’s Majlis by EC members.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

However, claiming the establishment of justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could therefore be used in court.

EC President Thowfeek has denied the charges against the commission, noting that “testimony provided at the People’s Majlis committee was not given to hold the court in contempt, but to be held accountable to the EC’s actions.”

The Supreme Court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

In today’s statement, the EU has expressed concern that the current proceedings “risk undermining the vital independence of the Elections Commission, respect for the separation of powers and free expression in the Maldives.”

The issue of separation of powers has been a regular theme this week as politicians continued to campaign for the March 22 poll, with leaders from both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives claiming that their parties can best ensure the three branches of government are kept apart.

Most recently, while campaigning in Malé for the governing coalition on Sunday (February 23), former President Dr Mohamed Waheed suggested that “we have separated the power so much that the country is suffering”.

“This country can’t go forward if we separate the powers any more,” said Waeheed.

Former President Mohamed Nasheed yesterday told representatives of the UN that he did not expect his MDP to take part in the elections should the EC members be arrested and replaced.

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Deputy PG slams Criminal Court over new regulations

The Criminal Court has usurped a Supreme Court power in issuing new regulations outlining procedures to be followed in submitting cases, Deputy Prosecutor General Hussein Shameem has said.

The Criminal Court today rejected 60 cases submitted by the Prosecutor General’s (PG) office, claiming cases did not fulfill criteria specified in regulations publicised on February 19.

However, Shameem said the Judicature Act only allows the Criminal Court to compile regulations administering internal affairs, and does not allow the court the authority to issue regulations governing external affairs.

It is the Judicial Council or the Supreme Court which has the power to issue such regulations, he said.

The Supreme Court abolished the Judicial Council in March 2011 claiming the council is unconstitutional and assumed its powers, including the power to compile regulations and policies on administration of the courts.

The Criminal Court’s regulations issued unilaterally also allows other courts to compile their own regulations, which may result in different procedures for each court and affects the right to equality guaranteed by the constitution, Shameem said.

“For example, the Criminal Court says cases involving serious crimes must be submitted within 45 days. What if the Maakurathu island court decides cases must be submitted in 15 or 60 days? This impacts the investigation process and means prosecutors must change procedures depending on which court they want to submit cases to,” he said.

The Criminal Court and PG’s office have been at odds over criminal proceedings following former PG Ahmed Muiz’s resignation in November.

The court suspended all ongoing cases and refused to accept new cases citing parliament’s failure to appoint a new PG within 30 days of Muizz’s resignation.

The Supreme Court, on Shameem’s request, ordered the Criminal Court to restart trials, but the court only began hearings in ongoing cases and refused to accept new cases.

The Supreme Court on February 18 released a new ruling ordering the court to continue with ongoing cases and accept new cases to ensure the criminal justice system continues.

Shameem said the Criminal Court’s new regulations had been applied retroactively.

“There are a 153 people in pre-trial detention. There are many others who are unable to find employment due to ongoing criminal cases. The Criminal Court’s actions are affecting a public service,” he said.

The PG office has a backlog of over 500 cases ready for prosecution, he added.

The Human Rights Commission of Maldives last week called on the People’s Majlis to expedite the appointment of a new PG, stating the delay violates the citizen’s right to justice.

In December, President Abdulla Yameen nominated his nephew Maumoon Hameed for the position. Parliament broke for recess at the end of the year, however, after having forwarded the nominee for vetting by the independent institutions committee.

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Supreme Court’s contempt trial against Election Commission “unjust”, says Nasheed

Read this article in Dhivehi

The Maldivian Democratic Party (MDP) is “extremely concerned” over the Supreme Court’s contempt of court charges against the Elections Commission (EC), former President Mohamed Nasheed has said.

Speaking at a press conference today, Nasheed said the trial is “unjust” and is against the spirit of the constitution. He pledged to use all means to stop the case.

The Supreme Court on February 12 summoned the four members of the EC to an unannounced contempt of court trial under new ‘Suo motu’ regulations that allow the apex court to initiate trial and act as plaintiff and judge.

“If Election Commission members are removed, then there cannot be a fair election. MDP will not participate in such an election,” Nasheed told the press today.

The Supreme Court has accused the EC of contempt, claiming it had criticised the verdict which annulled the first round of presidential elections held in September 2013, as well as disobeying the court’s orders by dissolving eight political parties earlier this month.

During the second hearing in the case, EC lawyer Hussein Siraj said the commission had not received a document outlining charges and asked the five presiding judges to clarify and specify charges against the commission, but Chief Justice Ahmed Faiz asked the lawyer to respond to the charges to the extent he understood them.

The four commission members denied the charges, and expressed concern over the use of privileged testimony given at the People’s Majlis independent institutions oversight committee as evidence for contempt.

The constitution protects testimony provided at the Majlis unless it contravenes an Islamic tenet. Judge Ahmed Abdulla Didi claimed establishing justice to be an Islamic tenet and said the EC’s testimony at the People’s Majlis obstructed justice.

Nasheed said the if the MDP received a parliamentary majority it will add judges to the Supreme Court bench by amending the Judicature Act. Increasing the number of judges would “dilute harsh ideologies” on the bench, he said.

“Reforming the judiciary is essential for development and to protect Maldives’ sovereignty,” Nasheed said.

If the MDP receives a two-thirds majority, the party could impeach Supreme Court judges, he noted.

The MDP will also revise legislation governing the judicial watchdog body – the Judicial Services Commission (JSC) Act – to ensure the organisation’s decisons cannot be reviewed through the courts and to limit the powers of the JSC president.

In 2012, the Civil Court issued an injunction halting disciplinary action against Criminal Court Chief Judge Abdulla Mohamed. Mohamed is a key figure in the events leading up to Nasheed’s ouster in February 2012.

Meanwhile, JSC members have alleged JSC President and Supreme Court Judge Adam Mohamed had stalled an investigation into Supreme Court Judge Ali Hameed’s sex-tape scandal.

In addition to initiating proceedings against EC members, the Supreme Court has in the past ordered police to investigate MDP-aligned private broadcaster Raajje TV over a report the station aired comparing the Maldivian justice system to that of ancient Sodom, suspended lawyers for publicly criticising the judiciary, and sought criminal charges against MPs for allegedly defaming the court.

Fair administration of justice was essential for a just society, Nasheed has said previously, pledging to complete the MDP’s ‘journey to justice’ campaign to reform the judiciary.

“Our government was toppled because we began this journey. All the obstacles we are facing is because of this reason. Nonetheless, we will not back down and, God willing, we will succeed in this task,” he said.

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Week in review: February 16 – 21

The Maldives’ judiciary continued to dominate headlines this week, in particular the Supreme Court’s decision to use privileged Majlis testimony in its case against the Elections Commission.

Citing the establishment of justice as a fundamental tenet of Islam, the court declared the evidence admissible in its ongoing contempt of court case.

Speaking at a campaign event for the Majlis elections, Maldivian Democratic Party (MDP) leader Mohamed Nasheed suggested the Supreme Court was fearful of an MDP majority in the parliament, pledging judicial reform should this happen.

On the lower benches, televised claims of bribery within the judiciary by Civil Court Judge Aisha Shujoon prompted both the Anti Corruption and the Judicial Services Commissions to launch separate investigations.

The JSC’s investigations into Shujoon’s claims will take place without the Majlis’ representative MP Ahmed Hamza, however, who has been removed as a result of his standing for re-election.

The Human Rights Commission this week called upon the Majlis to expedite the appointment of a new Prosecutor General (PG), before the Criminal Court finally agreed to accept new cases from the Deputy PG.

The court was immediately presented with 20 new cases, although the PG’s Office has said the backlog will take a month to clear. This may hamper new court regulations which requires the office to file criminal charges within 45 days of arrests being made.

The court did find time this week to sentence MDP MP Abdulla Jabir to one year’s imprisonment for failure to provide a urine sample to police in late 2012.

Three more cases are likely to land on the PG’s desk in the next six weeks after police arrested two Bangladeshi men and one woman in Malé for pre-marital sexual relations. For those recently married foreigners, however, the Maldives continues to be the number one holiday destination, an online poll revealed.

Fears were raised by the Tourism Employees Association that the amount of service charge disbursed to resort workers was being reduced as the government plans to raise taxes on the industry. An IMF delegation in the country noted its surprise at the resilience of the economy, suggesting that taxes on the industry were still relatively low.

The new nominee for the governor’s position at the central banking authority suggested that increasing local productivity and reducing reliance on imports – on which 75 percent of the country’s dollars are spent – was vital.

During the SAARC Council of Ministers’ Meeting – hosted on Bandos resort – President Abdulla Yameen stated his belief that trade and commerce were the “magic wand” for achieving the regional association’s goals.

Earlier in the week, while campaigning for the Progressive Party of Maldives, Yameen had labelled the Nasheed government’s transport policy corrupt, vowing to reclaim land given to private companies for ferry services.

He also said that the government would not be seeking to expedite Nasheed’s trial, though he did suggest that the former president must be sentenced for the arrest of Judge Abdulla Mohamed in 2012 if the rule of law is to be upheld.

The police’s campaign to reach out to the nation’s youth continued this week with the third ‘Blues for Youth’ camp. Home Minister Umar Naseer told participants that there was “no task too menial or lowly for a Maldivian”.

Meanwhile, Naseer signed an order shutting down Malé’s Dharumavantha Rasgefaanu mosque after an unauthorised congregation had prayed for the government’s destruction.

As Yameen’s administration approaches the one hundred days’ milestone intact, the policy to provide greater access to healthcare was introduced in Villinigili – albeit on a more modest scale than initially promised.

In nearby Gulhi island, a pioneering desalination project was launched by the UK’s Aquiva Foundation. The project – a joint venture with STELCO – will produce drinking water using the excess heat from electricity generators.

Further north, Alifushi island council has complained that emergency drinking water supplied to the island arrived contaminated with dust and bacteria.

Finally, the Olympic Committee this week announced plans to increase female participation in sports, setting a target of 33 percent of contingents sent to major international games to be women.

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