supreme court – Page 34 – Minivan News

Elections Commission to draw lots to determine candidate order on ballot paper

The Elections Commission (EC) has confirmed lots will be drawn next Sunday (July 28) to determine the order presidential candidates’ names will appear on voter ballots, unless a case questioning a candidates’ legitimacy is filed with the Supreme Court, reports local media.

The deadline for presidential-hopefuls to file their candidacy was 2:00pm yesterday (July 24) EC President Fuwad Thowfeek told local media.

There is a five day window, beginning the day a candidate registers with the EC, that cases regarding the legitimacy of a presidential candidate can be filed with the Supreme Court, according to local media.

The five day period has passed for cases to be filed against Maldivian Democratic Party (MDP) former president and current presidential candidate Mohamed Nasheed as well as President Mohamed Waheed, who is contesting as an independent, according to Sun Online.

However, cases can still be submitted to the Supreme Court against Progressive Party of the Maldives (PPM) MP and presidential candidate Abdulla Yameen, as well as resort tycoon and Leader of the Jumhoree Party (JP) Gasim Ibrahim, as they filed their candidacies with the EC Monday (July 22).

Assuming no cases are filed with the Supreme Court, lots will be drawn Sunday to determine the order presidential candidates’ names will appear on voter ballots, said Thowfeek.

In the event a case is filed against a presidential candidate, the Supreme Court must issue a verdict within seven days, according to CNM.

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Supreme Court challenges Maldives Bar Association for using the word ‘bar’ in its name

The Supreme Court has allegedly requested the Ministry of Home Affairs to look into the procedures of how the Maldives Bar Association was formed claiming that the use of the word ‘Bar’ in the association’s name was leading to “confusion” among international legal and judicial groups.

The Maldives Bar Association was formed in April to empower, lobby and advocate on behalf of legal practitioners. It was also charged with addressing problems faced by lawyers within the judiciary. The association is currently headed by veteran lawyer and former Attorney General, Husnu Al Suood.

In a letter obtained by Minivan News, allegedly sent by the Supreme Court to the Ministry on May 5, the apex court claimed that in other developed countries, the phrase “Bar” referred to a formal statutory body that represents the entire legal community, unlike the current Maldives Bar Association which is an NGO.

“The newly registered ‘Bar Association’ is an NGO belonging only to its founding members, and considering the confusion that may arise due to a group of individuals using such a name, the judges panel of Supreme Court have on April 30 decided to request the Home Ministry to look into the matter,” read the letter.

Meanwhile, in a second letter, the Ministry of Home Affairs responded to the Supreme Court’s letter stating that prior to the registration of the association, the ministry had consulted with the Attorney General’s office regarding the name.

In response, the ministry stated that the Attorney General did not object to the name, but had requested it reserve the name ‘Maldives Bar Council’ – an institution that is yet to be established under the proposed Legal Practitioners Bill, which the Attorney General’s office is currently in the process of drafting.

Speaking to Minivan News, Maldives Bar Association Secretary General Anas Abdul Sattar disputed the Supreme Court’s view that the term ‘Bar’ was limited to formal statutory bodies.

“Even in India, there is the Bombay Bar Association. The Bombay Bar Council which was formed by a statute came to existence much later, but the bar association still continues to function,” Sattar contended.

Sattar said that Supreme Court was not making the right decision if it were to contend that the term ‘bar’ must only be limited to formal and statutory institutions.

Meanwhile, an attorney working closely with the association told Minivan News on condition of anonymity that the Supreme Court was upset about international organisations recognising the association.

“The Supreme Court was informing those organisations that the Maldives did not have a bar council. They then claimed that they would like to affiliate with the bar association, and that the association satisfied their criterion,” the attorney said.

“If you look into the details, Supreme Court is currently not affiliated with any such organisations and they seemed pretty upset when the international legal community started to recognise the association,” he added.

Minivan News contacted the Supreme Court for a response, but the official demanded formal enquiries in writing and said the court would “respond if appropriate”.

The Supreme Court’s letter challenging the bar association follows its vocal calls for the suspension of Supreme Court Justice Ali Hameed, following the release of multiple sex tapes featuring the judge.

Hameed is under investigation by both the police and JSC over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

In a previous statement, the association challenged the independence and transparency of any Judicial Service Commission (JSC) investigation into the matter that proceeded without first suspending the judge.

The Maldives Bar Association claimed that it was “against principles adopted in modern democratic societies” to allow Supreme Court Justice Ali Hameed to remain on the bench while he faced allegations of adultery and other concerning conduct.

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“Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice

Progressive Party of the Maldives (PPM) Presidential Candidate Abdulla Yameen has called for the death penalty to be put into practice in the Maldives, a day after vowing to reform the judiciary.

The MP, half brother of former autocratic ruler Maumoon Abdul Gayoom, made the comments while speaking on the program Voice of Maldives on Monday night (July 22).

Yameen explained that although he was not previously an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from murders that have become too commonplace, according to local media reports.

Yameen noted that as a result of the “recent spate of killings” in the Maldives he has had a “change of heart” and now believes “murder has to be punished with murder.”

“It is something that has to be done. We cannot move forward without making our streets safe,” Yameen said.

Yameen explained that a death penalty sentence should only be implemented if upheld by the Supreme Court.

“I now believe, if it can be proven in trial so that the country accepts, if it is proven to a degree accepted by judicial principles, if all the steps are followed, and if the Maldivian people believe, I believe that the death penalty is necessary to save society,” he said.

He also noted that because detailed legislation is necessary to implement the death penalty, the current government recently proposed a death penalty bill in parliament.

Regarding whether he would implement Islamic Sharia law, Yameen’s response to a caller was that “justice is currently delivered in the Maldives through Islamic principles” and that he would act “in accordance with what is laid out by the constitution.”

He pledged that under a PPM government he would “do whatever has to be done” to make the Maldives a peaceful place.

Yameen also denied financing or having links with gangs, claiming these allegations “do not have any basis” and politicians perpetuating such rumors “lack sincerity”.

Such rumors that Yameen has gang ties have “been around a long time”, according to CNM.

During the PPM presidential primary, former candidate and PPM Vice President Umar Naseer publicly accused Yameen of involvement with gangs and the illegal drug trade. However, Yameen denied the “defamatory accusations” calling them “baseless and untrue”.

Yameen further noted during the Voice of Maldives program that a “major part” of the government budget would be spent on youth, including a special rehabilitation program for drug addicts, with more than 900 placements available, if he is elected president.

Last month, Yameen also announced that PPM intended to transform Hulhumale’ into a “Youth City” where enough apartments to accommodate young people would be constructed.

Judicial reform pledge

Meanwhile, a day prior to Yameen’s comments in favor of implementing the death penalty to quell violent crime in the Maldives, the PPM presidential candidate pledged to reform the judiciary, even if it required amending the constitution.

To gain investors’ confidence and bring foreign investments to the Maldives, reforming the judiciary to ensure swift justice and confidence in the institution is necessary, Yameen explained.

“We see the many challenges ahead from every direction. So we are not only competing with other candidates. We are competing against the flailing economy and fading culture and values,” he said.

Yameen told local media that Chief Justice Ahmed Faiz Hussain had also noted the judiciary has “problems”.

Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

His comment’s follow the Maldives Bar Association (MBA) calling for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct. Hameed is under investigation by both the police and Judicial Service Commission (JSC) over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Earlier this year, Faiz said that the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy. In July 2012, the Chief Justice also said the death penalty can be executed within the existing justice system of the Maldives.

Death penalty controversy

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Death penalty legislation was presented to parliament in June by government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed to implement the death penalty by hanging if the Supreme Court upheld a death sentence passed by a lower court. The legislation was put to a vote to decide whether or not to proceed with the bill at committee stage and was ultimately rejected 26-18 with no abstentions.

The Maldivian Democratic Party (MDP) MP said at the time that the party’s parliamentary group had opted to throw out the bill on the grounds that it would be “irresponsible” to approve such measures with ongoing concerns held by itself and international experts over the functioning of the country’s judiciary.

The party additionally criticised the proposed bill as being irrelevant, arguing that the country’s draft penal code – a recent issue of contention between MPs and certain political parties – already included provisions for the death sentence as outlined under Islamic Sharia.

Recent calls for presidential clemency to be blocked led Attorney General (AG) Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

Minivan News understands that the bill submitted by the AG remains open for comments on potential amendments.

More recently, the state called for a High Court verdict on whether the practice of presidential clemency can be annulled.

Eariler this year, the UN country team in the Maldives issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

Additionally, the state’s stance to review implementation of death sentences has led to strong criticism from certain human rights-focused NGOs this year.

Speaking to Minivan News immediately following a visit to the Maldives in April 2013, Amnesty International’s South Asia Director Polly Truscott raised concerns about the recent drafting of new bills outlining implementation for executions.

She argued that even in practice, such bills would be deemed as a human rights violation, with the NGO maintaining that there remained no research to support the assertion that executing criminals served as an effective deterrent for serious crimes.

She noted this was a particular concern considering the recent findings of various international experts such as UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, regarding the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she said at the time.

In May this year, Amnesty International condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

Meanwhile, a survey of the leading criminologists in the United States conducted in 2009 found that 88 percent of the country’s top criminologists “did not believe” that the death penalty is a “proven deterrent to homicide”.

The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology, also found that 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

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JSC Committee investigating Supreme Court Justice’s sex tape meets with police

The Judicial Service Commission (JSC)’s committee investigating the alleged sex tape of Supreme Court Justice Ali Hameed yesterday met with police.

The local media reported that police and JSC had not provided any details of the meeting.

A committee consisting of JSC Vice Chair Abdulla Didi, commission members Latheefa Gasim, Ahmed Rasheed and two other persons outside the JSC was composed last week to look in to a case involving video footage of Supreme Court Justice Ali Hameed allegedly having sex outside marriage, after the police formally notified the JSC.

A second video also surfaced on social media networks apparently depicting Hameed and a local businessman discussing political influence in the judiciary. Local media identified the businessman as Mohamed Saeed, the director of local business firm ‘Golden Lane’.

Justice Hameed in the video also goes on to reveal his political ‘hook-up’ with Abdulla Yameen Abdul Gayoom – the current Progressive Party of Maldives (PPM) presidential candidate – claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”.

After the video footage surfaced in the media and social network, the police have summoned Justice Hameed twice to reportedly query about the issue.

Both police and JSC are remaining silent on the matter and have not provided details of the investigations to the local media.

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Police summon Supreme Court Justice Ali Hameed for questioning over sex tape scandal

Police have summoned Supreme Court Justice Ali Hameed for questioning over his alleged appearance in a leaked sex tape.

According newspaper Haveeru, Justice Hameed was summoned to police headquarters in Male about 8:00pm in the evening and left at around 1:30am after spending more than five hours in the building.

Police however did not confirm the summoning but said only that the case is currently being investigated.

Last Thursday police formally notified the Judicial Service Commission (JSC), the Prosecutor General and President Mohamed Waheed Hassan regarding their investigation into the case.

The existence of a video footage allegedly involving Justice Hameed indulging in adultery came into media limelight following the arrest of Ahmed Faiz – a senior Council Member of President Waheed’s Gaumee Ihthihaad Party (GIP) and former Project Advisor at the Housing Ministry.

Following the arrest, Faiz was dismissed from his government position and the Spokesperson of President’s Office Masood Imad – who is also a GIP council member – denounced any links with the government regarding the video.

Still images from the sex tape, allegedly showing the judge committing adultery with an unidentified foreign woman, are meanwhile circulating on social media networks.

A police media official told Minivan News that individuals believed to be involved in the scandal had been either summoned to the police for questioning or had been arrested with a court warrant.

“We are currently investigating two cases concerning the video. One is the case of those who had been using the video to blackmail the people in it, and the other concerns the content of the video,” the spokesperson said at the time.

The video also prompted the JSC to establish a five-member committee to look into the matter upon receiving a letter from police. Local media reported that the committee included commission members Latheefa Gasim, Ahmed Rasheed and Abdulla Didi, and two external lawyers: Hussain Siraj and Mohamed Anil.

Following Sunday evening’s police questioning, local media reported that Hameed had avoided the usual exit doors at the police headquarters in order to avoid the media.

“Senior figures of the state such as Ali Hameed often use the police main entrance, however Hameed knowing that media was present at that entrance, ran to the exit doors located in Boduthakurufaanu Magu. Hameed had also rushed to get into a white car waiting for him at the door after media followed him,” reported Haveeru.

Local media reports claimed that this was the second time Hameed was summoned to the police for questioning. However, a source close to Hameed denied the reports claiming that police had not summoned Hameed at the time.

Police have also searched the house of Mohamed Saeed on the same night at around 7:45pm. The police claimed that they searched the house after obtaining a search warrant.

The raid was allegedly carried out to find if Saeed had been withholding any material related to the sex tape.

The police have previously summoned Saeed twice for investigation but details of the case or the topic of questioning have yet to be revealed.

Saeed’s lawyer Noorban Fahmy told media earlier that Saeed opted to remain silent in the later session after he was first questioned without the presence of a lawyer.

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President expresses “sadness”, JSC “forms committee” over Supreme Court judge sex tape

Police have formally notified the Judicial Service Commission (JSC), the Prosecutor General and President Mohamed Waheed Hassan regarding its investigation into the leaked sex-tape of Supreme Court Justice Ali Hameed.

Still images from the sex tape, allegedly showing the judge committing adultery with an unidentified foreign woman, were circulating on social media networks in Male today.

According to Maldivian law, the crime of fornication is subject to 100 lashes and banishment or house arrest for a period of eight months. However in the absences of witnesses or a confession, video footage is only considered supporting evidence.

The courts regularly issue this sentence, overwhelmingly to women found guilty of extramarital sex. Sentences are carried out in front of the justice building.

Commissioner of Police Abdulla Riyaz has meanwhile confirmed that it was Justice Ali Hameed’s video that is being investigated.

A police spokesperson told Minivan News individuals believed to be involved in the scandal had been either summoned to the police for questioning or had been arrested with a court warrant.

Asked if there had been any intervention into the case by the JSC – which has previously asserted it has sole authority to investigate matters involving judges – the official said no such communications had been made. He emphasised that “police will not hesitate to take any action as required by law.”

Spy camera video

Last Sunday, a second spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary surfaced on social media networks.

The local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The discussion between the two individual revealed how feuds between politicians were settled through the court even when they did not involve any legal disputes.

In the video, the Supreme Court Justice reveals of devious plots by politicians including one that involved a plot of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,” however due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

In another instance, the alleged Supreme Court Justice further went onto reveal his political ‘hook-up’ with Abdulla Yameen Abdul Gayoom – the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom – claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”.

President Waheed expresses “sadness” over judge’s sex-tape

The video appeared shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice, believed to be the same tape now subject to police investigation.

However, answering a question posed by local media at a press conference on Wednesday, President Waheed said it was a “very sad” thing for such a video to appear in public.

Taking a deep breath, Waheed said that there were “mistakes from both sides”, suggesting that both Justice Hameed and those who leaked the video were at fault.

“If the video is true, that means serious questions are raised against a Supreme Court Justice. However the video was obtained through planning. Making such videos in order to blackmail senior officials of the state is a huge crime,” Waheed said.

Waheed stressed that it was not within his mandate to take action against judges but appeared optimistic that the authorities would take action against the judge and that the matter would soon be resolved.

JSC irresponsible, says commission member

However, JSC’s member appointed from public, Shuaib Abdul Rahmaan did not share the same optimism.

In an interview with Haveeru, Shuaib contended that the JSC should suspend the judge from the Supreme Court bench while the police investigation was in progress.

Shuaib also alleged that the JSC was irresponsible as it had taken no action on the matter.

Speaking to Minivan News earlier, JSC Spokesperson Hassan Zaheen refused to comment on the case.

“Our legal department will analyse the video and if there happens to be a case which the commission needs to look into, then the department will inform the commission members,” he said at the time.

The JSC subsequently established a five-member committee to look into the matter at today’s meeting, after receiving the letter from police. Local media reported that the committee included commission members Latheefa Gasim, Ahmed Rasheed and Abdulla Didi, and two external lawyers: Hussain Siraj and Mohamed Anil.

Shuaib meanwhile alleged the JSC Chair, Hameed’s fellow Supreme Court Justice Adam Mohamed, was attempting to cover up the issue.

“Adam, it seems to me is trying to cover up the whole thing,” Shuaib declared.

JSC goes against precedent set by itself

According to Shuaib he had tried to take the matter to the commission meetings, but the chair had initially refused to put it on the agenda.

Instead, Shuaib said the chair of the commission wanted to make the matter a side table business and discuss it off the record.

Highlighting previous precedents in which the JSC had taken action against judges, Shuaib recalled the time former Civil Court Judge Mohamed Hilmee was arrested by police while indulging in sexual behaviour on the beach in front of the Hulhumale Magistrate Court.

Police at the time reported that Judge Hilmy and his wife Aminath Ali – who was his girl friend at the time – were discovered by police while in a state of undress.

The pair refuted the charges but the Criminal Court at the time noted that three police constables who witnessed the act had testified stating that “Aiminath’s underwear and pants were down to her knees” and that Hilmy had his “pants down to his knees” as well.

JSC Chair Adam meanwhile disputed Shuaib’s allegations, declaring that the commission would look into the matter in accordance with set procedures and rules.

Justice Hameed, who according to Supreme Court holds a Bachelor of Shari’ah and Qadhaa (Shari’ah and Law) degree from Ummul-Qura University in Mecca, is yet to face any repercussions over the sex-tape and continues to preside over Supreme Court cases.

His most recent appearance was on Thursday June 27, where he presided over the case involving the Bank of Maldives and DRP Leader Ahmed Thasmeen Ali’s company Kanbaali Faru Investment. The bank had sought to reclaim loans that had not been paid by Dr Waheed’s presidential running mate.

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Police investigating blackmail case involving Supreme Court Judge’s sex tape

Police have said they are currently investigating a case involving sex tapes of a judge alleged used in a blackmail attempt.

A police spokesperson said investigations are in progress and individuals believed to be involved in the case had been either summoned to the police for questioning or had been arrested with a court warrant.

Asked if there had been any intervention in the case by the Judicial Service Commission (JSC) – who have previously claimed they are the sole authority able to investigate matters involving judges – the official said no such communications were made as of yet, and emphasised that “police will not hesitate to take any action as required by law.”

“In these types of cases, police investigators will look into those behind the blackmailing network, such as who is profiting from it, and will take all necessary actions against those involved,” the official stressed.

The spokesperson added that due to current laws not being up-to-date with new media and social networks, there remained “slight difficulties” in investigating cases but said that such cases had previously been successfully investigated.

“Our cyber crime department and intelligence department will jointly work in apprehending those involved in blackmailing,” the spokesperson said.

Police urged the public and those who may have been victims of such blackmailing to make use of the police not to give in to the demands made by blackmailers.

Leaked spy camera footage

Last Sunday, a spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary surfaced on social media networks.

The local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The spy camera footage, which carries the date January 24, 2013, shows the pair discussing how politicians have been influencing the judiciary.

The discussion between the two individual revealed how feuds between politicians were settled through the court even when it did not involve any legal disputes.

“Politicians can resolve their failures if they work on it, what the judiciary has to do, what we have to do is when these baaghees (traitors) file cases, we should say, ‘That it is a political matter. That it’s not a judicial issue. It’s not a legal issue. So don’t drag us into this. There is no legal dispute,’” the judge is heard saying.

The discussion also revealed a plot of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,”

However, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The alleged Supreme Court Justice further went onto reveal his political ‘hook-up’ with Abdulla Yameen Abdul Gayoom – the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom – claiming that he was one of Yameen’s “back-ups” and that his stand was “to do things the way Yameen wants”.

The Justice, despite being in Yameen fraternity, boasts in the video that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

President Waheed’s party implicated

The video came to light shortly after the arrest of Ahmed Faiz – a council member of President Dr Mohamed Waheed’s Gaumee Ihthihaad Party (GIP) and then-Project Advisor at the Housing Ministry – while he was allegedly trying to sell a sex tape of a Supreme Court Justice, believed to be the same tape now subject to police investigation.

Faiz was subsequently dismissed from his position as a party council member. GIP also in a media release claimed that the party would consider expelling him from the party depending on how the police investigation proceeded.

Faiz, who has been placed under remand detention for 15 days, was also the GIP representative at press conferences of the unofficial “December 23 coalition” of eight political parties that organised a mass gathering in 2011 against the allegedly anti-Islamic policies of former President Mohamed Nasheed.

He was present at a press event of the December 23 alliance on January 8, 2012 where the group announced plans for a “mass symposium” for February 24, 2012. He was also present when opposition leaders met then-Vice President Dr Waheed in his official residence at 1:00am on January 31 – seven days before the controversial transfer of presidential power – and pledged their allegiance to the vice-president.

The ex-council member of GIP also participated in the press conference later that night when opposition party leaders called on the police and army to pledge allegiance to Dr Waheed and “not carry out any orders given by President Nasheed.”

Known to be a close aide of President Waheed, Faiz boasted about his influence within the government as a “close confidante” of President Waheed and that he was in a position to embezzle large amounts of money from MBC and the State Trading Organisation (STO) in a leaked audio clip aired on opposition-aligned private broadcaster Raajje TV.

President’s Office Media Secretary Masood Imad told Minivan News earlier that in light of the developments, Faiz had been sacked from his position in government.

Following the media reporting on the case, JSC Spokesperson Hassan Zaheen told local media that the commission had learned about the video through media reports.

He explained that the legal department would first analyze the video and then decide whether the case was one the commission should investigate.

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Former President Nasheed promises to reform Judicial Service Commission within 68 days

Former President and opposition Maldivian Democratic Party (MDP)’s Presidential Candidate Mohamed Nasheed has said that he and his party will reform the state’s judicial watchdog the Judicial Service Commission (JSC) within the remaining 68 days before the scheduled presidential elections.

Speaking during a press conference on Monday, Nasheed said issues coming up recently concerning judges significantly threatened the dignity and credibility of the entire judiciary.

“The Maldives has set standards for judges established through its constitution. We are witnessing a time where those standards are being grossly ignored by the state institution concerned with judicial oversight and accountability,” he said.

Recalling his decision to arrest Chief Judge of Criminal Court Abdulla Mohamed, which eventually led to the ousting of his government on February 2012, Nasheed said that there had been 12 cases filed against the judge in JSC but the commission had failed take any action.

“Eventually, I raised the concerns to the police commissioner, the Defense Minister and the Maldives National Defense Force (MNDF). When they took the action which they all believed was the best decision, you all witnessed what happened next,” Nasheed said.

Apart from the fall of his government, the dire repercussions of the arrest of the judge included a criminal prosecution of Nasheed and senior officials of his government at the Hulhumale Magistrate Court, in what he and his party contended was a politically-motivated attempt to scuttle his re-election bid.

A stay order from High Court led to the temporary suspension of the trials, and the suspension of the Chief Judge of the High Court by the JSC on year-old charges of misconduct.

Nasheed claimed other judges had begun displaying similar behaviour as that of Chief Judge of the Criminal Court Abdulla Mohamed, and said as yet state institutions including the JSC had failed to take adequate measures.

He also said that there are disputes within the JSC which had to be resolved through parliament.

Among these disputes included the recent stand made by the Speaker of Parliament Abdulla Shahid, warning the JSC Chair that he would boycott the commission meetings should Hassan Fahmy – the Chair of Civil Service Commission who was deposed by parliament but reinstated by a Supreme Court ruling – continue to take part in its meetings.

In a letter sent in early June to the JSC Chair, the Speaker of Parliament – who is by virtue of his position a member of the JSC – stressed that even though the chair of the CSC is also by virtue of his position a member of JSC, Fahmy cannot sit in the JSC because he had been deposed from his position by parliament.

“Therefore we need to take measures to find a way Speaker Shahid can sit in the commission, by deciding the matter of Fahmy. Therefore, in the 68 days left before the elections, we need to reform the judiciary. That is fairly easy for us now and I am confident that we can do that,” Nasheed said this morning.

Among the much needed reforms, the former President said the JSC must re-establish its credibility by making decisions in a transparent and informed manner.

“On the other hand, a presidential candidate currently sits in the JSC. We need to find another way where such anomalies are not present in the commission,” Nasheed said, referring to Jumhoree Party (JP) leader and business tycoon Gasim Ibrahim, who sits in the commission as parliament’s representative.

Speaking about the current composition of the JSC, Nasheed said there was no specific model for an organisation such as the JSC.

“In some constitutions, parliamentarians are vested with the duty to oversee the judiciary while in others there have been cases where judges have looked into the cases of other judges. There have been committees appointed by heads of states that have looked into such cases,” he said.

Therefore, the question was not about the composition of the judges but rather the personal integrity of members sitting on such commissions, he said.

Nasheed emphasised the need for transparency, calling for the media to be allowed to cover JSC meetings and report on matters that take place within the commission.

Highlighting recent video footage that appeared on social media depicting Supreme Court Justice Ali Hameed and a local businessman discussing the political affiliations of the judiciary, Nasheed claimed that while every individual was entitled to right of private life, such videos of judges must be investigated even police investigated those who were trying to use them for blackmail.

Nasheed also expressed concern over a possible hand in the government over the leaking of the videos involving judges after a senior council member of President Mohamed Waheed Hassan’s Gaumee Iththihaadh Party (GIP) was arrested trying to sell explicit sex videos featuring a judge.

Nasheed also expressed his frustration over MPs from former dictator Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), alleging they lacked any commitment towards judicial reform.

“PPM members do not see the need to take action against disciplinary issues of the judges, they do not see that the JSC needs reforms, they do not see that there are problems with the Supreme Court and they do not see the need to investigate pornographic videos of judges. Instead they say they those who shot the videos should be held culpable,” he claimed.

Nasheed said that his party had a 90-point legislative agenda to reform the judiciary once elected, but said this would require a sizable majority for his party in the parliamentary elections early next year.

“This legislation will cover most of the reform we are seeking. Before we embark upon this, we need to have a majority in parliament and without this it would be fairly difficult for us to implement these reforms,” he said.

He noted that after the elections the new government would face a period of a limbo until the parliamentary elections in May, but said he was “very confident” his government would overcome this.

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Spy camera footage appears to show Supreme Court Justice discussing politicisation of judiciary, Feb 7

A spy camera video apparently depicting a Supreme Court Justice and a local businessman discussing political influence in the judiciary has surfaced on social media networks.

Local media identified the two individuals seen in the video as Justice Ali Hameed and Mohamed Saeed, the director of local business firm ‘Golden Lane’.

The spy camera footage, which carries the date January 24, 2013, shows the pair discussing how politicians have been influencing the judiciary.

Both men speak in the Addu dialect of the local Dhivehi language. Due to noise from a television near the camera, much of the conversation is unclear.

The individual believed to be Justice Hameed appears frustrated over political manipulation of the judiciary.

He claims feuds between politicians were being settled through the court even though these did not involve the law or any legal issues.

He names politicians including Abdulla Yameen, the current Progressive Party of Maldives (PPM) presidential candidate and half-brother of former President Maumoon Abdul Gayoom, as well as the running mate of incumbent President Dr Mohamed Waheed Hassan, Ahmed Thasmeen Ali – also the leader of the Dhivehi Rayyithunge Party (DRP).

In the video, one of the men claims that he had heard plans of “killing off” DRP leader Thasmeen Ali and refers to a “second person to be killed,” however, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The person believed to be Hameed says, “If it comes into my hands, I will kill him off.”

Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he adds (01:49, unclear).

However, he also claims that he was a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

Referring to an unidentified group of people, he says if “they have a balanced thinking, then we will do things in a balanced way”, and asks the other individual, believed to be Saeed, if this would upset anybody.

Saeed questioned

Following the release of the video, Mohamed Saeed was twice summoned to the police for questioning, but details of the case or the topic of questioning have yet to be revealed.

However, Saeed’s lawyer Noorban Fahmy told media that Saeed opted to remain silent in the later session after he was first questioned without the presence of a lawyer.

Following the release of the camera footage, opposition Maldivian Democratic Party (MDP) MP Alhan Fahmy – newly reunited with the party after a stint in the Jumhoree Party (JP) – alleged police had attempted to coerce one of his constituents in Feydhoo to confessing that Fahmy had made the video.

During a party rally in the Maafanu ward of Male’ on Saturday, Fahmy called for action against the judge regardless of the origin of the footage.

“I want to say is that we don’t need to see who made the film and who shot the film. The judge who has behaved indecently must be brought to justice. I want to say that judges who lose all their dignity through adultery and indecent behavior cannot remain as judges at courts,” he alleged.

“The video has come to our attention”: JSC

Judicial Service Commission (JSC) Spokesperson Hassan Zaheen told local media that the commission had learned about the video through media reports.

He explained that the legal department would first analyse the video and then decide whether the case was one the commission should investigate.

The leaked footage follows leaked photos of Supreme Justice Ali Hameed in a hotel room with a woman that began circulating on social media in March this year.

According to the Supreme Court website, Hameed graduated in 1991 and was awarded a Bachelor of Shari’ah and Qadhaa (Shari’ah and Law) degree from Ummul-Qura University in Mecca, Saudi Arabia.

In addition, the website claimed that he was awarded a fellowship from the Commonwealth Judicial Education Institute, Canada.

Gross misconduct within judiciary: lawyers

In June, former Attorney General Husnu Al Suood alleged to local media that Yameen and Deputy Speaker of Parliament Ahmed Nazim, along with retired Supreme Court Judge Mujthaz Fahmy, had long been in the business of influencing judges and their verdicts.

“The entire judiciary is under the influence of [retired Supreme Court Judge] Mujthaaz Fahmy ,” Suood alleged.

Suood further alleged that Deputy Speaker Nazim had close ties with members of the Judicial Service Commission (JSC), and said several judges had confided to him that Yameen had on several occasions given instructions to the judges over the phone as to how their sentences should be phrased.

Despite claiming to have strong evidence to support his allegations, Suood admitted that it would be extremely difficult for the authorities to take action against the three individuals.

Suood further contended that the JSC had been taken over by “dark powers”, and that it was fully under the control of certain political figures.

All three individuals accused by Suood dismissed the allegations in local media, with Yameen describing them as an “outright lie”, and expressing frustration claiming that it had become common for people to make erroneous and slanderous remarks against political figures.

“This would not have happened if defamation had been kept as a criminal offence. All this is happening because defamation has now been changed to a civil wrong,” the presidential candidate said at the time.

Tip of the iceberg?

Supreme Court misconduct has also previously been alleged by former Human Rights Minister and Attorney General Dhiyana Saeed, who claimed a Supreme Court judge requested she file a case against former President Nasheed in a bid to prevent him from running for presidency in the 2013 presidential elections.

Dhiyana in her claim did not mention the name of the judge. However, she said at the time that a judge on the Supreme Court bench had told her that he had personal scores to settle with Nasheed.

According to Saeed, the said judge had personally instructed her on the cases she should file against the former President. Saeed alleged the instructions were given at a meeting held in the judge’s house at his request following Nasheed’s controversial resignation on February 7, 2012.

Among the suggestions allegedly made by the judge included a case concerning Nasheed’s decision to remove eight members appointed to parliament by former President Maumoon Abdul Gayoom, prior to the ratification of the constitution.

Another suggestion included refiling a case filed by Jumhoree Party (JP) Youth Wing Leader Moosa Anwar in 2008 against Nasheed. This case claimed that Nasheed was convicted and sentenced for theft – a ‘Hadd’ offence under Sharia’ law – in similar bid to bar his candidacy ahead of the 2008 presidential elections.

Saeed also alleged that this judge was “involved” in the Supreme Court’s decision to declare the legitimacy of the controversially-formed Hulhumale’ Magistrate Court.

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