Comment: Build a party, beware of judges, never give up

First published in Foreign Policy. Republished with permission.

With the swearing-in of President Abdel Fattah al-Sisi in early June, Egypt has turned full circle. This is just the latest version of a familiar and depressing tale.

After all the hope, optimism, and national pride that followed the revolution and the successful overthrow of Hosni Mubarak’s bloody 30-year rule, Egyptians are back to square one: Another military strongman has won another contested election, while his political opponents are either in hiding, in jail, or in their graves.

Events in Egypt are similar to those in my own country, the Maldives. We, too, suffered at the hands of a dictator for three decades. We, too, had our own peaceful revolution that swept away the old regime and ushered in new democracy. In 2012, that democracy was snatched away from us by a coup d’état. Since then, we have seen our freedoms and our electoral process undermined.

The experiences of the Maldives and the Arab Spring countries highlight the difficulty of embedding democracy in Muslim nations that have long been governed by authoritarian regimes. Overthrowing the dictator is hard enough, but for democrats, securing the long-term gains of the revolution is proving more challenging.

Just because you’ve pulled out the weeds doesn’t mean that flowers will grow. Like a garden, democracy must be planted and nurtured – or the weeds will grow back stronger than ever.

From my own experience – as, in turn, a democracy activist, the Maldives’ first democratically elected president, and the victim of a coup – one of the most important things democrats must do early on is to build a political party around a unified cause; this is a task at which the Egyptian liberals fell short.

Democracy needs infrastructure in place to implement it. Political parties are the most important institution in a new democracy; they are the necessary nuts and bolts, the means for delivering democracy. Once established, they force their members to learn the new tools of contesting democratic power: grassroots mobilization, policy formulation, election campaigning, media relations, and so on.

This process embeds democratic principles among large sections of the population, which in turn creates extra pressure for more democratic reform.

When Maldivians decided they’d had enough of their dictatorship, a number of activists, including myself, slipped out of the country and formed the Maldivian Democratic Party (MDP). In those days, back in 2004, political parties were banned in the Maldives, so operating in exile was our only option.

We could have focused all our energy on fomenting street protests, but we recognized that there was no point overthrowing the regime if we weren’t in a position to win an election or govern properly. When the Maldivian dictator, Maumoon Abdul Gayoom, begrudgingly allowed competitive elections in 2008, the MDP was an established political party. We won the presidential election with 54 percent of the vote.

In contrast, Egyptian liberals focused their attention on bringing down Mubarak. They were successful, and we all held our breath at the prospect of a free and democratic Egypt. But once Mubarak fell, the liberals found that they didn’t have a strong, unified political party that could successfully compete in the ensuing elections. The Muslim Brotherhood, which had run an underground political machine for decades, swooped in and clinched victory. So the most important lesson for aspiring democrats, before anything else, is this: Focus on building your political party.

The creation of successful political parties, though, is rarely enough to properly embed democracy. This brings me to my second lesson: Beware of judges. In the Maldives, like Egypt, the former dictator appointed all of the sitting judges. These judges, loyal to the old guard, hell-bent on maintaining their power, and steeped in anti-democratic ideology, actively undermined the new democracy.

Judges blocked revenue-raising measures, protected members of the former regime from corruption probes, and granted themselves ever more power. In the Maldives, a new constitution passed in 2008, granting judges independence, as part of the separation of powers.

But like giving Dracula the keys to the blood bank, this decision gave unfettered power to a judiciary that is rotten to the core. This problem still haunts the Maldives. In last year’s presidential elections, for instance, the Supreme Court constantly meddled in the vote to favor old-guard candidates, annulling and postponing votes, intimidating the Elections Commission, and making up the law as they went along. Ahead of parliamentary elections earlier this year, the court was at it again, sacking the Elections Commission chief and threatening his staff.

Confronting a corrupt, but independent, judiciary is particularly challenging for new rulers. The international community is largely clueless about how to deal with the problem. In the Maldives, for instance, the one organization that should have helped, the United Nations, instead considered judicial independence to be sacrosanct — a misguided approach that treated poorly educated, corrupt, and often criminal judges as if they were U.S. Supreme Court justices.

Kenya may provide a better example of the sort of radical judicial reform needed in post-revolution or, in its case, post-conflict societies. In Kenya, the new government, with international support, overhauled its judiciary and established an independent “Vetting of Judges and Magistrates Board.” Unqualified, incompetent, or corrupt judges were removed from office. Whatever the method, the international community needs a new approach for dealing with inherited judiciaries in fledgling democracies.

This brings me to my third and final lesson: Never give up. Democratic movements need patience, optimism, and determination. People often ask me how I remain optimistic about the future of my island country, with respect to both its democratic trajectory and its survival in the face of rising sea levels (the Maldives is one of the world’s lowest-lying nations).

But when you choose to be a democracy activist in an authoritarian regime, or indeed a proponent of firm action to combat climate change, you have little choice but to remain optimistic. The alternative is too bleak.

This applies to everyone, from Egyptian liberals, to Maldivian human rights defenders, to pro-democracy activists in countries like Burma and Libya: Never give up — and never assume that your cause is lost. Even when you face disappointment, there are usually unexplored avenues through which you can continue the struggle. In September 2013, after my party won the first round of presidential elections, the Maldives Supreme Court annulled the vote and got the Elections Commission to re-run the elections as many times as it took for our party to lose.* (The photo above shows Mohamed Nasheed at a protest to demand a run-off vote in Male.) After all this, some Maldivians told me that they felt despair over the future of their country. I responded: “Don’t presume that this is the end of the book. We’re only in the middle of the story. Don’t be so hasty as to predict how the story will end.”

Ranil Wickremesinghe, the former prime minister of Sri Lanka, once told me: “When the music stops, you must sit [down].” This may be true for political leaders, but not for democracy activists. Authoritarian regimes are more fragile than they appear. With a little push, they often collapse under the weight of their own contradictions. So be tenacious, strategic, and, above all, patient.

The peaceful and legitimate transfer of power is the defining characteristic of functioning democracy; it is how society grows and develops, and it is the overarching goal of any pro-democracy activist. During President Obama’s second inauguration I heard a speech that, coming less than a year after the Maldives’ coup, sent a chill down my spine. Senator Lamar Alexander summed up everything democracy activists should strive for: the regular transfer of power, through peaceful and legitimate means. He said: “There is no mob, no coup, no insurrection. This is a moment when millions stop and watch.” For democracy activists around the world, huddled in their cafés or counting down the days in their prison cell, it is this moment that makes it all worthwhile.

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JSC decision on Judge Ali Hameed’s sex tape scandal “an insult to Islam”

The Judicial Service Commission’s (JSC) decision to clear Supreme Court Judge Ali Hameed of misconduct in a sex tape scandal is “an insult to Islam,” and against principles of Islamic jurisprudence, critics have said.

The judicial watchdog yesterday ruled Hameed innocent, claiming it can only take disciplinary action if there is sufficient evidence to indict Hameed in a court as per the Islamic Shariah and Maldivian law.

The JSC justified its ruling on a police decision to close investigations after failing to gain new evidence.

The JSC member representing the public Sheikh Shuaib Abdul Rahman said the JSC had contravened Islamic principles in its decision.

“This is a misconduct case. Not a criminal case. Under Islamic fiqh (jurisprudence), misconduct complaints require less evidence than criminal and civil complaints. Judges can be dismissed if there’s too many public complaints against him,” he said.

“I believe there is enough evidence to take action,” he added.

Meanwhile, former JSC member and whistleblower Aishath Velezinee characterized the JSC decision as “the ultimate insult to Islam and Maldivian society.”

“This is a judiciary that sentences underage rape victims to be flogged. When they decide a Supreme Court judge, after being seen in a video that has gone viral, having illicit sex with multiple women, is not guilty of misconduct, what more can we say?”

Velezinee called on the public to protest, stating the decision shows the judiciary does not understand the law or the Shariah. Public silence on the matter will only allow the judiciary to “make a scandal of justice,” she added.

“To allow the Supreme Court, without protest, to decide any matter that affects you is to accept Ali Hameed has a right to judge for you. Protest!”

Ali Hameed is also accused of several counts of corruption and has been implicated in a separate tape where he appears to admit to a role in the fall of former President Mohamed Nasheed.

Criminal

Several lawyers have echoed Shuaib’s concerns arguing the JSC does not have to follow the stringent standards used in a criminal trial in a case of misconduct.

“The JSC inquiry is not a criminal trial. They do not have to prove it by the standards employed in criminal proceedings. Their task is not to see if a judge is guilty beyond reasonable doubt. The JSC inquiry is about misconduct, it is a disciplinary issue,” lawyer and former Minister of Youth and Sports Hassan Latheef said.

UN Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul, in a 2013 report, also said disciplinary or administrative investigations entail different penalties than those arising from criminal procedures.

“Judges and magistrates, as well as other actors of the justice system are criminally accountable for their actions. Criminal actions entail consequences and penalties that are different from those resulting from disciplinary or administrative investigations,” said Knaul.

Latheef said judges must have public confidence, and Ali Hameed should have voluntarily resigned when the tapes were first leaked on social media in 2013.

“Islamic Sharia says all judges must have public confidence. Anyone who is perceived otherwise, cannot be a judge. A judge cannot be open to blackmail,” he added.

Latheef also called on the police to continue with investigations and said the police’s decision to file the case must be looked into.

According to local media, the investigation had stalled after the Criminal Court refused to provide a warrant to obtain a facial photograph of Ali Hameed and another to search his residence.

Political decision

Former Attorney General Husnu Al Suood also said the JSC had not complied with procedures in its conclusion and accused the commission of political bias.

Suood was appointed to a JSC subcommittee to investigate the case in December, but was expelled in January after the Supreme Court called for his removal after finding him guilty of contempt of court.

“I don’t think JSC has complied with existing procedures when they concluded this matter. This is a decision that needs to be revisited when the JSC is free from executive and judicial influence,” he said.

“JSC is under the full control of the executive. It doesn’t function independently, as envisaged in the constitution,” he added.

In Knaul’s report, she stated there was near unanimous consensus during her visit that the composition of the JSC – which draws members from sources outside the judiciary, such as the parliament, lawyers, and civil service commission – was “inadequate and politicized.”

“Because of this politicization, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

Suood claimed President Abdulla Yameen is at present working to fix the JSC membership in the coming term.

Opposition MP Ahmed Hamza was removed from the JSC in January after he announced his decision to run for the March parliamentary polls.

Meanwhile, the Supreme Court this week ruled any individual licensed as a lawyer, including judges and MPs, can vote to elect a member from the lawyer community to the commission.

Lawyers have spoken against the matter, arguing the decision compromised the independence of the legal profession.

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Supreme Court Judge Ali Hameed cleared of misconduct in sex tape scandal

The Judicial Services Commission has today cleared Supreme Court Judge Ali Hameed of misconduct charges, citing lack of evidence to indict him in a court for alleged appearance in three sex tapes involving three different foreign women.

The accused must be presumed innocent until proven guilty beyond a reasonable doubt, said the judicial watchdog, which claimed it cannot take disciplinary action against a judge without “enough evidence.”

The JSC also cited the police’s Forensic Service Directorate’s failure to confirm the identity of the man involved in the sex tapes in its decision to clear Hameed of charges.

In it’s ruling, the JSC noted the following:

  • The police had closed investigations until new evidence emerged
  • The police had collected the sex tapes during an investigation into an attempt to blackmail a judge
  • The tape may constitute an act of espionage as it appears to have been filmed by an unauthorised body and it is against the constitution to obtain evidence by unlawful means
  • Supreme Court’s ruling on former Civil Service Commission President Mohamed Fahmy Hassan states disciplinary action can only be taken with sufficient evidence

Sex scandal

The Maldives Police Services formally launched an investigation in July 2013 after still images of the sex tape, alleged to show the judge committing adultery with an unidentified foreign woman, began circulating on social media.

At the time, the JSC voted not to suspend Hameed, citing lack of evidence.

Shortly afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women were leaked on social media.

Business tycoon and former JSC member Gasim Ibrahim in July dismissed the sex tape as fake and an attempt at blackmail.

Gasim placed third in the first round of presidential polls in September and asked the High Court to annul the first round of polls.

The Supreme Court took over the case and ordered a revote claiming widespread vote fraud,with Hameed one of the four judges forming the majority verdict.

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the subsequent round of polls.

Hameed also voted to unseat two opposition MPs over a case of decreed debt, and voted to remove Elections Commission President Fuwad Thowfeek and his deputy Ahmed Fayaz for alleged contempt of court.

Systematic failure

In December, Superintendent Abdulla Nawaz said police investigation had stalled as police were unable to ascertain the identity of the man in the sex tapes.

At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September.

The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.

A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a commission vote.

The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.

“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

In May, the police closed investigations and said it would only open the case if it receives new information.

“Yameen’s back-up”

The room and date stamp in the sex tapes appear to be the same as that in previously leaked footage of Hameed meeting a local businessman Mohamed Saeed, the director of ‘Golden Lane’.

In that video, Hameed asserts that he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

Yameen narrowly won the presidential election with Gasim’s backing.

“Even [ex 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 appears to add, although the audio quality is poor (01:49).

One of the men claims to have heard plans to “kill off” leader of former Dhivehi Rayithunge Party (DRP) leader Ahmed 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 then promises, “If it comes into my hands, I will kill him off.”

Corruption charges

The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010.

However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found MVR2,223 (US$144) was transferred Justice Hameed’s state-funded mobile phone on different occasions during 2010.

Other cases

Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists. A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

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Home Ministry dissolves Bar Association

The Ministry of Home Affairs has dissolved the Maldives Bar Association (MBA) for failure to change its name as per a Supreme Court ruling and appoint a governing committee.

A Home Ministry letter also said the organisation had failed to submit an annual report as per regulations.

The Bar Association – formed in April 2013 to empower, lobby, and advocate on behalf of legal practitioners – is headed by veteran lawyer and former Attorney General Husnu Al Suood.

On April 9, Supreme Court told the Home Ministry to ask the organisation to change its name within 14 days, claiming the Bar Association title could only be used for an official  body regulated by law with the participation of the entire legal community and judicial sector.

Speaking to Minivan News, Suood he believed the government had dissolved the Bar Association claiming it posed a threat to national security.

“We are aware that one of the reasons for dissolving the Bar Association is that it poses a threat to national security and sovereignty of the Maldives as per national security intelligence,” he said.

Suood said the organisation would challenge the Home Ministry’s decision at court and condemned the limited space for civil society in the Maldives.

“We feel that there is no space for civil society in the Maldives. It has come to our knowledge that the Home Ministry has temporarily suspended registration of NGOs until they have received legal opinion from the Attorney General’s Office,” he added.

The Bar Association had refused to change its name, but said it would step aside should new legislation on the legal profession provide for a Bar Council.

A 2013 UN report recommended that a “self-regulating independent bar association or council” be established to oversee the legal profession.

Suood noted that the MBA currently has over one hundred members, representing around one fifth of the country’s practising lawyers, with a full membership drive waiting until new legislation is completed.

The Supreme Court’s initial letter to the Home Ministry came in the aftermath of a Bar Association statement calling for the suspension of Supreme Court Judge Ali Hameed pending an investigation into the judge’s alleged appearance in a series of sex tapes.

Hameed’s continued presence on the Supreme Court bench contravenes the Islamic Shariah and the norms of justice, the organization said.

“Given the serious nature of the allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

Suood was on a watchdog Judicial Service Commission’s sub committee to investigate the matter. The Supreme Court had suspended Suood from practicing law in January for alleged contempt of court.

Meanwhile, lawyer and former Minister of Youth and Sports Hassan Latheef condemned the Home Ministry’s decision as a violation of the right to freedom of association.

“I believe this is an attempt to stop us lawyers from advocating in our defense,” he added.

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All licensed lawyers, including judges and MPs, can vote to elect JSC lawyer, rules Supreme Court

Additional reporting by Zaheena Rasheed

Any individual with a lawyer license, including judges and MPs, will be allowed to vote in electing a lawyer to the ten member judicial oversight body, the Supreme Court has ruled on Monday.

The order voids a clause in new regulations compiled by the Attorney General’s office which prohibits judges and parliamentarians from participating in the vote to elect a lawyer to the Judicial Services Commission (JSC).

The JSC is comprised of the Speaker of the People’s Majlis, a Supreme Court judge elected by the bench, a High Court judge elected by the judges of the High Court, a judge of the lower courts elected by the judges of the lower courts, an MP elected by the MPs, a member of the public appointed by the Majlis, a presidential appointee, the Attorney General, President of the Civil Service Commission and a lawyer elected from the licensed lawyers.

The order – signed by Chief Justice Ahmed Faiz Hussain – said lawyers do not lose their license despite serving in other professions. It further noted that the High Court had rescinded a Civil Court order of 2009 which prohibited judges from voting in the lawyer election.

Faiz advised against discrimination between licensed lawyers based on their profession, and ordered the state authorities to ensure all lawyers, regardless of their current positions, are able to vote in the election.

Speaking to Minivan News, lawyer Husnu Suood said the ruling compromised the independence of the legal profession.

“I feel that allowing judges to vote in the election of a member representing legal profession in JSC compromises the independence of the legal profession. It is high time that we expedite the enactment of the much awaited legal professional Act to ensure independence of the legal profession,” he said.

Meanwhile, Hassan Latheef said the Supreme Court’s ruling was “wrong” and appears to be an attempt to limit the space for lawyers to advocate on their behalf.

The lawyer slot must be occupied by a practicing lawyer, Latheef said pointing out that judges are not allowed to practice despite having licenses. Further, judges from the Supreme Court, High Court and lower courts already have designated slots in the JSC, he added.

Meanwhile, the Attorney General’s office has extended the application deadline – set to expire at 2 pm today – to Monday (June 30).

Latheef said the extension may allow judges or MPs to apply for the lawyer slot.

“If they can vote, they probably can stand for the position? This undermines the spirit of the whole election,” he said.

The election is currently scheduled for July 13.

Minivan News was unable to contact AG Mohamed Anil at the time of press.

At present, AG office lawyer Ahmed Rasheed represents the lawyer community on the JSC.

The four lawyers who have applied for the position are former deputy Prosecutor General Hussein Shameem, Mohamed Fareed, Anas Abdul Sattar and Mohamed Faisal.

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Gasim’s remarks vindicate MDP’s stance on “coup”: MP Imthiyaz

Gasim Ibrahim’s revelations of pressure from within the judiciary and the security services to endorse President Abdulla Yameen’s candidacy vindicate allegations of a “coup d’etat” on February 7, 2012, Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy ‘Inthi’ has said.

The Jumhooree Party (JP) leader said last week that he was urged to support Yameen by judges as well as police and army officers.

Gasim had claimed at a press conference on Tuesday (June 17) that he decided to back the Progressive Party of Maldives (PPM) candidate in the presidential election run-off in November 2013 after the requests “for the sake” of the institutions.

Speaking to Minivan News, MP Imthiyaz noted that the MDP had maintained that “sections of the judiciary, the military and the police were part of the coup and the subsequent unlawful and unconstitutional interference in the presidential and the parliamentary elections.”

“Now this truth is coming straight from the horse’s mouth,” the re-elected MP for Maafanu North observed.

“If the judiciary, the military and the police were to decide who should hold the office of the president then it gives a horrifying message. And in fact it happened as they demanded, thus people’s power was violated.”

Kingmaker

Gasim had said that judges as well as police and army officers had met him personally and appealed to him to support the PPM candidate.

“Otherwise we had been silent [on endorsing a candidate] and neutral. We made that decision after considering the unrest and instability and possible harm to the public caused by the rising political tension,” the business tycoon had said.

He also claimed to have spent MVR20 million on Yameen’s campaign in the three days leading up to the run-off polls on November 16.

After finishing in third place with 23.27 percent of the vote in the repeat first round of the presidential election, Gasim initially announced that the JP would not back either candidate.

However, the JP’s council reversed its decision to remain neutral following a meeting between Gasim and PPM leader Maumoon Abdul Gayoom.

Former President Mohamed Nasheed had emerged the frontrunner in the first round revote with 46.93 percent while Yameen polled 29.73 percent.

After endorsing Yameen, Gasim told the press that the JP decided to form a coalition with the PPM in order to “[overcome] the challenges faced by police, military and the judiciary, to save them from undeserved allegations made against them by certain groups, to maintain the independence of this Ummah [Islamic community] and nation, and for the protection of our religion and motherland.”

Meanwhile, at last week’s press conference, JP Deputy Leader Ilham Ahmed insisted that the police, army, and judiciary would “bear witness” to the truth of Gasim’s claim.

However, online news outlet CNM has since reported that the Maldives National Defence Force (MNDF) has denied asking the JP leader to back Yameen while the police declined to comment.

Troubled polls

Last year’s presidential election was marred by repeated delays, multiple cancellations, a Supreme Court-ordered annulment and police obstruction.

On October 7, the Supreme Court annulled the results of the first round of the polls conducted on September 7 in a controversial 4-3 decision – citing a confidential police report – despite unanimous positive assessment of the polling by more than a thousand domestic and international election observers.

While the secret police report alleging irregularities – which was not shared with the Election Commission’s (EC) defence lawyers – was dismissed by a UN expert review, the credibility of the evidence cited by the apex court was also questioned by the Human Rights Commission of Maldives after it emerged that some citizens were incorrectly recorded as being deceased.

The Supreme Court’s decision came after Gasim sought annulment of the first round results alleging widespread electoral fraud.

In what was the EC’s sixth attempt in two months to conduct polls, Yameen narrowly defeated Nasheed with 51.39 percent of the vote (111,203) to the MDP candidate’s 48.61 percent (105,181).

In January, Nasheed told reporters that the MDP suspected electoral fraud using fake national identity cards in November’s polls, contending that non-existent people were added to the database at the Department of National Registration (DNR) as part of “efforts to rig the election through the Supreme Court.”

MP Imthiyaz meanwhile noted that Gasim has now “publicly admitted” that judges met the business tycoon seeking his endorsement of the PPM candidate.

“What do you expect when an election case goes before the court at the request of the court itself? This was how the country’s democracy was completely destroyed,” Imthiyaz said.

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Supreme Court upholds reinstatement of police inspector dismissed after rape allegations

The Supreme Court has today upheld the High Court ruling to reinstate Chief Inspector Hussain Risheef Thoha who had been dismissed after being accused of raping a woman inside a police car.

The ruling stated that, although the victim had alleged that a group of police officers attacked her, she did not state that Risheef participated in the rape.

Commenting on today’s ruling today, Maldivian Democratic Party MP and lawyer Imthiyaz ‘Inthi’ Fahmy expressed concern the court would ask for the reinstatement of an officer after its disciplinary board had decided that there was enough evidence to link him with a rape case.

”These are not just ordinary citizens, these are senior police officers accused of a serious crime,” Inthi said. ”This is very dangerous and serious.”

Risheef had called the officers who were inside the car, said the Supreme Court today, stating that this did not prove he had participated in the attack.

The ruling noted that there was no record of a phone call in which Risheed instructed officers to rape the victim.

The court ruling stated that Risheed had gone to the area where the girl had been left after the incident, and had given her a t-shirt to cover herself up.

Again, this does not prove that Risheef had participated in the act, said the court, noting that helping a person in that situation to cover up is how it should be done in Islamic principles.

The court also criticised the police disciplinary board for taking action against Risheef based on the allegations, saying that this was against Islamic principles and international best practice.

The case

In August 2011, a woman filed a case at police headquarters alleging she was sexually abused by a group of police officers, including Risheef.

Thoha later appealed his dismissal by the police disciplinary board at the Civil Court, which ruled that the decision had been lawful and that there was enough evidence to dismiss Risheef from duty.

The Civil Court noted at the time that Risheef’s call records showed he had contacted the other accused officers several times, and in turn had been contacted by them.

The ruling also said that the girl was thrown out of the car naked near the chief inspector’s house in Maafannu, and that Thoha had admitted to being in the area a few minutes later.

In August 2012, the High Court overruled the decision made by the Civil Court and ordered that police reinstate Risheef at the rank of chief inspector.

In September 2012, the High Court upheld a Civil Court ruling to reinstate Police Lance Corporal Ali Nasheed to active duty, who had been dismissed in relation to the same incident.

Recently, police said that they would only accept dismissed officers in a situation where the Supreme Court ordered the reinstatement of their position in the police.

Lawyer Inthi said that such issues makes the people lose confidence with the police force.

”This shows that issues like this are not taken seriously,” he said. ”The disciplinary board is a board that has the authority to dismiss police officers if they find that there was enough evidence to believe that a police officer is guilty of a crime.”

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Supreme Court issues child support regulations

The Supreme Court has issued a ruling on child support on Tuesday to standardise expenses obtained by the judiciary for childcare support.

The apex court said parents must pay at least MVR2000 if child support is being provided for one child under 18 years of age. The amount includes MVR1000 for expenses for a child and an additional MVR1000 to support the guardian of the child.

If a parent has to provide support to more than one child, they must pay at least MVR1000 for each child.

Furthermore, the parent has to provide at least MVR1000 to support the parent or guardian of the children, even in cases where a parent has to support children from multiple partners.

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Criminal Court declares MP Inthi’s contempt charges invalid

Contempt of court charges against opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy are invalid, the Criminal Court has declared today.

The Maafannu North MP was charged last year with “disobedience to order” under the ‘Protection of the sanctity of the courts regulation’.

The charges related to comments criticising the Supreme Court on the Raajje TV talkshow ‘Fala Suruhee’ (‘Headlines’).

“Now no one can be charged under this invalid regulation,” Inthi told Minivan News today, adding that there was now no basis to declare contempt of court outside courtrooms a criminal offence.

Today’s Criminal Court ruling came in response to procedural points raised by Fahmy regarding the validity of the regulations cited.

In October 2011, the People’s Majlis excluded this regulation, which precedes the new democratic constitution, from the General Regulations Act – the parent legislation for regulations without a statutory basis.

Within days of the Majlis’ decision, the Supreme Court declared that the regulation should still be enforced temporarily.

In the procedural points raised at the court, Fahmy stated that the regulation remains invalid and that a criminal offence can only be declared through legislation passed by the parliament.

The ruling issued today by Judge Ahmed Sameer Abdul Aziz on Fahmy’s procedural points stated that the regulation’s exclusion from the General Regulations Act made them invalid.

Aziz concurred that the power to create legislation is vested in the People’s Majlis “without any debate, and absolutely”.

The ruling came short of declaring the sanctity of the courts regulation invalid, however, stating that “the legal basis of this regulation cannot be questioned in this [Criminal] court” as it was created by a superior court.

Highlighting that the regulation has not been published as required by Article 61 (b) of the constitution, the ruling declared that criminal charges cannot be pressed as this would undermine a fundamental right of citizens.

Suggesting that the courts can still take administrative action under the regulation, the case was ordered to be returned to the Prosecutor General’s Office.

Criticism of the judiciary

Speaking to Minivan News today, Inthi described the ruling as a victory in the fight for justice,

He noted that the regulation was invalid as, though the Supreme Court can annul a law passed by the parliament, it can never bring back legislation killed by the parliament.

In another contempt of court case last March, the Supreme Court issued a verdict removing Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts, and sentencing Fuwad Thowfeek to six months imprisonment.

The pair were charged for commenting on the court’s rulings in the media and for answering questions posed by a parliamentary committee.

The EC members were prosecuted under the court’s ‘Suo Moto‘ regulations, which allows the apex court to initiate hearings and to act as both plaintiff and judge in a trial.

At the time of the case, MP Inthi described the verdict as “unconstitutional”, calling it “ judicial shamelessness”. He maintained that there was no law which outlaws the criticism of courts outside of court hearings.

“I will act as a shield to ensure the attempts to cover the mouths of Maldivians citizens with plaster does not become widespread. The result of this [ruling] is that such charges will not be pressed against journalists or any citizen under this invalid regulation,” he said today.

Additionally, Inthi noted that he was discriminated against at the court today, saying that while both himself and MP Ahmed ‘Sun’ Shiyam were summoned to the court at the same time today, they received different treatment.

“We are both members of the parliament, but he entered the court through the judges’ gate and waited at the VIP area of the court.”

“I was with other people, some of them handcuffed. I was there for criticising the judiciary and he is being charged with possession of alcohol,” said Inthi, stating that this was a clear reflection of the status of the judiciary in the Maldives.

Preferential treatment for Shiyam was also reported by local media at the first hearing in his trial.

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