Tag: Thinadhoo

Judicial watchdog criticised over 12-member trip to Thinadhoo

A former member of the judicial watchdog has called a 12-member trip to the south for training purposes “unnecessary and for personal interests.”

The Judicial Services Commission (JSC) team, which includes six commission members and a criminal court, Judge Abdulla Didi, left to Gaaf Dhaal Thinadhoo on Wednesday for a training session for magistrates and to investigate several cases, a JSC official said.

The total number of people in the delegation is nine, the JSC has said. But the Thinadhoo council confirmed that a total of 12 people with the JSC delegation met with the council yesterday.

A former JSC member, Shuaib Abdul Rahman, said the commission’s decision to leave Malé with a 12-member delegation despite hundreds of pending cases was “unacceptable.”

“A substantive number of people are saying the criminal court has handed out unfair verdicts [against ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim],” he said.

“The commission has the power to investigate issues on their own initiative. So ignoring what is important and leaving with a 12 member team to an atoll is unacceptable.”

The criminal court has been criticised for lack of due process in the sentencing of Nasheed to 13 years in jail and Nazim to 11 years in jail on terrorism and illegal weapons charges, respectively.

In 2014, the JSC conducted four trips to the atolls to present appointment letters to magistrates. Members also went on two international trips to Zambia and China.

Shuaib said only one or two members were sent to the atolls for investigation during his term at the JSC.

“It is totally unnecessary to put together a team that large. This probably includes personal interests,” he said.

JSC’s media officer Hassan Zaheen dismissed the criticism and said: “The commission is conducting training programs to magistrates about some criminal proceedings.”

He also defended Judge Didi’s presence on the training trip, saying “Judge Didi was a former member and a Criminal Court Judge. I see him to be fit for the purpose and there are no legal barriers.”

Didi was the presiding judge in Nasheed’s trial, and sat on the three-member panel in Nazim’s trial.

The judicial watchdog, formed in 2008, has 111 cases pending, a majority of which relates to the integrity of judges. Complaints over criminal court Judge Abdulla Mohamed’s misconduct and an alleged sex scandal of Supreme Court Justice Ali Hameed are still pending.

Hameed was recently appointed as the president of the JSC.

The main opposition Maldivian Democratic Party has accused the JSC of failing to fulfil its mandate of ensuring ethical conduct among judges.

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Power company says hands are tied over $45m subsidy cut

The state-owned electricity provider to the atolls says its hands are tied after subsidy cuts last month left more than 5,700 businesses facing millions extra between them in electricity charges.

Companies on three more islands joined growing protests over the subsidy cuts today. Much of the anger is targeted at the state-owned Fenaka Corporation, which provides electricity to the Maldives’ remote islands.

The government previously provided Fenaka with about MVR11 million (US$713,359) a month to subsidise electricity for atoll businesses, it said yesterday, but this cost must now be borne by the companies themselves.

Fenaka Corporation managing director Mohamed Nimal told reporters on Monday that the company was only implementing government policies.

“If the government changes the rules today or categorises special customers and decides to provides subsidies to small businesses, we will bill them at those rates,” he said.

Fenaka has 46,590 meters in 151 islands, of which 5,765 meters were registered as business consumers, Nimal said.

Most shops, cafés and restaurants in the northern hub of Haa Dhaal Kulhuduhfushi were closed in protest over higher electricity bills yesterday, while more than 100 people demonstrated outside the local Fenaka office.

Businessmen protested in Addu City while those in Gaaf Dhaal Thinadhoo and Haa Alif Dhidhoo are planning to boycott paying their bills.

Electricity bills for businesses doubled, and in some case tripled, when the subsidy was discontinued last month.

Nimal said Fenaka could not address the concerns of businessmen across the country as it was “not a regulatory body” or policy maker. The National Social Protection Agency was in charge of issuing subsidies, he added.

Domestic households have also been told to reapply for subsidies before April 9 as part of a shift to targeted subsidies aiming to save the government money.

The government provided about MVR700 million (US$45 million) in subsidies to Fenaka last year, which Nimal said benefited rich and poor alike. This annual expenditure on subsidies is not sustainable, he said.

While shops have reopened in Kulhudhufushi, local media reported today that all shops and cafés have closed in Haa Dhaal Makunudhoo in protest.

Businesses in Fuvahmulah are meanwhile preparing to submit a petition to President Abdulla Yameen, warning of layoffs and price hikes due to a 50 percent rise in electricity bills.

Subsidy

Fenaka officials said bills in Kulhudhufushi are higher than other islands because businesses were charged a much lower rate than the tariff structure approved by the energy authority in 2009, leading to a threefold increase when the subsidy was removed.

While the actual rate was 7.50 laari per unit for usage above 400 units, the now-defunct upper north utility corporation charged 2.75 laari per unit for Kulhudhufushi businesses.

Then-President Dr Mohamed Waheed established Fenaka in 2012 with a mandate to provide electricity, water, and sewerage to island communities after dissolving the provincial utility companies set up by his predecessor.

Meanwhile, despite the price of crude oil falling in the world market, Nimal said Fenaka could not reduce the price of electricity as it was making investments in infrastructure developments and improving service provision.

When the subsidy was introduced, the price of diesel was MVR8 per litre compared with MVR11 per litre at present, he said.

Renewable energy

Dr Ibrahim Nashid, managing director of Renewable Energy Maldives, told Minivan News today that removing subsidies for small businesses could be counterproductive.

As the main consumption of electricity in a small island comes from businesses rather than households, Nashid argued that the island’s economy and Fenaka’s income will be adversely affected if businesses were forced to shut down.

Nashid suggested that “demand side management” policies and “streamlining” high overhead costs of the Fenaka corporation would result in more savings.

At present, small islands have both a powerhouse and a Fenaka office, he noted, calling for the two to be consolidated.

He stressed that a number of other solutions were available in lieu of price hikes, such as investing in solar energy.

“But the solution for a person with a big hammer will be hitting the nail harder when he doesn’t have other tools,” he said.

Producing energy through solar panels is currently cheaper at 25 US cents per hour, he continued, whilst the cost with diesel would be 35 US cents per hour.

Although renewable energy requires a high initial investment, Nashid said there are interested and capable parties in the Maldives.

“In my view, we can provide electricity for everyone at a flat rate of MVR2.50 [per unit],” he said, adding that the technology was available, “viable and economically proven.”

Nashid welcomed the ongoing solar energy projects but criticised their limited scope as well as the government’s “lack of political will” and long-term planning.

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Businesses around Maldives protest electricity subsidy cut

Most shops, cafés and restaurants in the northern business hub of Haa Dhaal Kulhuduhfushi were closed in protest over electricity subsidy cuts on Sunday as anger builds among companies around the Maldives over steep rises in power bills.

Businessmen demonstrated in Addu City in the south, while others in Gaaf Dhaal Thinadhoo are preparing to boycott paying their bills, which in some cases tripled overnight when the subsidy was removed.

In Kulhuduhfushi, more than 100 shops and restaurants will be closed until 8pm Sunday in protest over “unfair electricity rates” and subsidy cuts, while more than 100 people have been protesting outside the office of electricity company Fenaka since this morning.

Shops would normally open from the early morning until 10pm.

“We will continue to raise our voice till the government is ready to listen to us,” said Adam Shareef, a member of the steering committee on electricity subsidy cuts in the island.

“We will continue our protest outside the electricity company till the government responds, but the shops will reopen tonight.”

The government has removed electricity subsidies to companies from last month onwards, while domestic households have been told to reapply for subsidies before April 9.

Businesses in Kulhuduhfushi, Addu and Thinadhoo have condemned the subsidy cuts and are also angry about the high price of electricity in the atolls compared with the capital, Male’ City.

Only a few shops were open in Kulhuduhfushi today, including the two state owned shops run by State Trading Organization and the businesses of Mohamed Zuhair, a well-known businessman in the atoll.

“I do support the cause and I think the differences in electricity prices are a gross discrimination between the peoples of the atolls and the people of Male’ City,” said Zuhair, also a member of the steering committee.

“But closing down all the shops without giving due warning to the public will not benefit them. That’s why all of my shops are open.”

Zuhair said one of his shops had previously received monthly bills of MRV 23,000 ($1,500) and these have now shot up to 60,000, while another store’s bill tripled from MVR 7,000 to MVR 21,000.

The difference in electricity prices between Male’ and the atolls is an issue of big public concern.

Prices in Haa Alif, Haa Dhaal, and Shaviyani atolls are 72 percent higher than in the capital, while those in Addu City and Fuvahmulak are up to 37 per cent higher than in Male’ city, according to figures from Fenaka Corporation, which provides electricity for most islands in the Maldives.

Mohamed Ismail, a local from Kulhuduhfushi, said: “We feel like we are second class citizens. The state is providing electricity for the islands as well as Male’.

“So why should there be any difference? Are we not worthy of being treated fairly?”.

Meanwhile a group of businessmen in Addu City in the south also protested over differences in electricity prices and the subsidy cut.

“Some businesses did not accept the electricity bills and today a number of businessmen protested outside the electricity company office,” said the mayor of Addu City, Abdulla “Sobe” Soadhig.

Businesses in Gaafu Dhaalu Thinadhoo, also in the south, have decided not to pay the electricity bill until the government reinstates subsidies or prices fall.

“We are in talks with the government to find a solution to this problem. But we cannot simply wait and hope for a government response,” said Abdulla Saneef, a Thinadhoo council member.

“The steering committee, which pretty much covers all businesses, has already decided not to pay the electricity bills.”

The government has previously said that the large distances between the Maldives’ remote islands mean that services such as electricity will inevitably be more expensive in the atolls.

The International Monetary Fund has urged the government to move its subsidies to a targeted system, rather than blanket payments.

Fenaka had not responded to queries at the time of going to press, while President’s Office spokesperson Ibrahim Muaz was unavailable for comment.

The government, presenting its 2015 budget, said that it would target electricity subsidies to the poor, while rumours have been circulating on the social media that households with air conditioning systems would not receive the domestic subsidy.

However, Mujthaba Jaleel, CEO of National Social Protection Agency (NSPA) said that “every household that applies for the subsidies will get it,” according to Haveeru.

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US embassy donates library to Thinadhoo Primary School

The US embassy has donated a library of 750 English-language books to the Thinadoo Primary School in Gaafu Dhaalu Atoll.

“The United States supports expanding educational opportunities around the world,” said Young Hwan Joo of the US embassy to the students at the school.

“We hope that one day all of you will take your first steps to not only become future exchange students in the United States, but also leaders of your community and your country.”

The books, with a total cost of cost of $10,000, range from early to more advanced stories to text books and teaching aids.  They will be used in classes, but also taken home for reading assignments and personal enjoyment, explained a US embassy press release today.

“Thank you very much for your support to our school,” said Principal Ajeeb Mohammed told embassy staff.  “Our students, teachers and staff are delighted with your visit and we all believe that it will be a great milestone for our school.”

This is the second in a series of twelve book drops planned for islands in the outer atolls. The first took place in March 2014 in Fuvamulah.

“These donations address critical educational needs in remote areas where the delivery of books has been difficult,” continued today’s press release.

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High Courts overturns dismissal of Thinadhoo terrorism trial

The High Court has today reversed a Criminal Court decision to throw out the case against the 89 Thinadhoo arson suspects.

Criminal Court Chief Judge Abdulla Mohamed had dismissed the charges, claiming the Prosecutor General’s (PG) Office was refusing to cooperate with the trial after state prosecutors’ failed to turn up to a trial scheduled for 10am on Saturday, November 22.

A lawyer representing some of the defendants confirmed that High Court had said Judge Abdulla had not given reasonable notice of the hearing to the PG’s Office.

PG Muhthaz Mushin had requested the High Court to rule the dismissal of the case through a letter as unlawful and to order that the terrorism trials continue.

The 89 defendants faced terrorism charges for allegedly setting fire to the island’s police station, court building, and several police vehicles during nationwide unrest on February 8, 2012 in the wake of former President Mohamed Nasheed’s controversial resignation the previous day.

State prosecutors had claimed that the Criminal Court had attempted to handover summons to court outside work hours on Thursday, November 20.

State prosecutor Shaudha Shameem has argued that the Criminal Court could only throw out charges in a courtroom in the presence of the plaintiff and defendant, and claimed Judge Abdulla had failed to follow due procedures in dismissing the case.

The defence lawyer who spoke with Minivan News noted that representatives of the lower court had not been present at today’s hearing. The Criminal Court will now go on recess from December 1 – 15.

Other lawyers representing the defence had previously defended Judge Abdulla’s decision, saying that it was within his powers to dismiss charges if the plaintiff fails to abide by the judge’s orders.

Abdulla’s decision had prompted unexpected praise from former President Mohamed Nasheed – accused of illegally detaining the controversial judge in the final days of his presidency.

“Abdulla Mohamed has decided the case is invalid. When the prosecutor general submits the same cases to his desk again saying he has the power and authority of the state, that is an affront to the rule of law and courts,” Nasheed told reporters last week.

Previously, the judge ordered 55 of the 89 defendants be held in detention pending the outcome of the trials, claiming the accused were intimidating witnesses.

Around 80 people from Addu City are also currently facing terrorism charges in relation to unrest in the southernmost atoll on February 8.


Related to this story

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Nasheed calls on PG to respect Judge Abdulla’s decision on Thinadhoo arson suspects, says military detention “wrong”

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High Court concludes hearings into Criminal Court’s rejection of Thinadhoo terrorism cases

The High Court today concluded hearings into an appeal by Prosecutor General’s (PG) Office requesting the repealing of a Criminal Court decision to throw out charges of terrorism against 89 individuals from Gaaf Dhaal Thinadhoo Island.

Criminal Court Chief Judge Abdulla Mohamed had dismissed the charges, claiming the PG’s Office was refusing to cooperate with the trial after state prosecutors’ failure to turn up to a trial scheduled for 10am on Saturday, November 22.

PG Muhthaz Mushin has requested the High Court to rule the Criminal Court’s dismissal of the case through a letter as unlawful and to order the terrorism trials to continue.

The 89 defendants faced terrorism charges for allegedly setting fire to the island’s police station, court building, and several police vehicles during nationwide unrest on February 8, 2012 in the wake of former President Mohamed Nasheed’s controversial resignation the previous day.

State prosecutor Shaudha Shameem challenged the Criminal Court’s decision claiming state prosecutors had telephoned and informed the court in advance that they would not be able to attend the hearing on Saturday, November 22.

She contended the Criminal Court had attempted to handover summons to court outside work hours on November 22, Thursday.

But state prosecutors refused to accept summons, as Saturday is not a working day, and because the court had initially scheduled hearings for November 23 instead of November 22, she continued.

Shaudha argued that the Criminal Court could only throw out charges in a courtroom in the presence of the plaintiff and defendant, and claimed Judge Abdulla had failed to follow due procedures in dismissing the case.

She noted that the Criminal Court had previously consulted state prosecutors in scheduling hearings given their busy work schedule.

Two of the 89 facing terrorism charges intervened in the case. with their lawyers – Ibrahim Riffath and Hisaan Hussein – saying the Criminal Court had followed due process by informing the PG’s Office of the November 22 hearing via a letter on the afternoon of November 20.

Hisaan said a presiding judge is authorised to dismiss charges if the plaintiff fails to abide by the judge’s orders, and said a judge has the discretion to decide on the validity of reasons provided for failure to attend hearings.

State prosecutors must not receive special exemptions, she contended.

Meanwhile, Riffath suggested the PG’s Office was lax in cooperating with the trial, pointing out the state had only been able to provide witness testimony during two of the eight hearings.

The High Court bench has said it will issue a verdict in the next hearing. A date for the verdict has not yet been set.

Muhthaz has since resubmitted the cases to the Criminal Court twice. The court rejected the cases on Monday claiming it had no guarantee of cooperation from the PG office.

The PG office submitted cases again yesterday with a letter pledging full cooperation.

Defence lawyers have previously criticised Judge Abdulla’s earlier decisions during the hearings.

Last week, the chief judge ordered 55 of the 89 defendants be held in detention pending the outcome of the trials, claiming the accused were intimidating witnesses. All have subsequently been released.

Defence lawyers have described the judge’s decision to hold the accused in custody as “most unusual” as the identities of state witnesses were not disclosed and had their voices disguised in order to protect their identity.

Around 80 people from Addu City are also currently facing terrorism charges in relation to unrest in the southernmost atoll on February 8.


Related to this story


PG to appeal Criminal Court’s dismissal of terrorism cases

Criminal Court rejects Thinadhoo terrorism cases

55 Thinadhoo arson suspects detained until end of trial

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PG to appeal Criminal Court’s dismissal of terrorism cases

The Prosecutor General (PG) Office will appeal the Criminal Court’s dismissal of terrorism charges against 89 defendants from the island of Thinadhoo in Gaaf Dhaalu atoll, PG Muthaz Muhsin has told local media.

On Saturday (November 22), Criminal Court Chief Judge Abdulla Mohamed dismissed the cases after state prosecutors failed to attend a hearing scheduled for 10:00am.

Muhsin said the PG’s Office was informed of the hearing after 2:30pm on Thursday via a fax and were unable to make arrangements, though lawyers working on the case have told Minivan News that the hearings had been scheduled in advance for 10am every day – including Saturdays – for the duration of the trial.

In addition to appealing the dismissal, Muhsin said the cases would be resubmitted to the Criminal Court today.

Last week, the chief judge ordered 55 defendants be held in detention pending the outcome of the trials, claiming the accused were intimidating witnesses. All have subsequently been released.

The court had earlier ordered the detention of 17 of the 89 defendants, all of whom were released following the dismissal of the cases on Saturday.

Defence lawyers described the judge’s decision to hold the accused in custody as “most usual” as the identities of state witnesses were not disclosed and had their voices disguised in order to protect their identity.

The 89 defendants faced terrorism charges for allegedly setting fire to the island’s police station, court building, and several police vehicles during nationwide unrest on February 8, 2012 in the wake of former President Mohamed Nasheed’s controversial resignation the previous day.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

Around 80 people from Addu City are also currently facing terrorism charges in relation to unrest in the southernmost atoll on February 8.

The opposition Maldivian Democratic Party has accused the government of selectively prosecuting dozens of the party’s members and supporters in Addu City and Thinadhoo.

The party has also criticised the use of a single judge – Abdulla Mohamed – in all the cases related to the February 8 unrest, calling the entire process “highly politically motivated”, noting that police officers who committed crimes on February 6, 7, and 8 were not being prosecuted.

On February 8, 2012, riots spread across the country following a brutal crackdown on an MDP march in the capital.

Thousands of MDP supporters took to the streets of Malé in a protest march after Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the Human Rights Commission of Maldives concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning” while the “disproportionate” use of force left dozens of demonstrators injured and hospitalised.


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55 Thinadhoo arson suspects detained until end of trial

Fifty-five of the eighty-nine individuals facing terrorism charges in relations to violence in Gaafu Dhaalu Thinadhoo on February 8, 2012, have been detained until the end of the trial.

Criminal Court Judge Abdulla Mohamed told the court today that information had been received regarding the intimidation of witnesses, prompting the decision to hold a number of suspects until proceedings are completed.

The island’s atoll council office, its court building, police station, and several police vehicles were set on fire following the contested resignation of President Mohamed Nasheed on February 7, 2012.

Nine policemen were attacked, while police officials at the time declared the area unsafe for local policemen as Maldivian Democratic Party supporters had threatened to attack the residences of policemen.”

MDP lawyer Hisaan Hussain criticised today’s decision, saying: “We condemn this collective punishment which is not in line with our constitution or international law.”

Another lawyers familiar with case described the decision as “most unusual”,noting that the identities of state witnesses are not disclosed and have their voices disguised in order to protect their identity.

Defence lawyers have requested a written copy of the order to begin the appeal process but have yet to be provided with the relevant documents.

Hearings in the case began on October 1, while the trial of juvenile offenders in the same case is also nearing completion this month. Around 80 people are also currently facing terrorism charges in relation to unrest in Addu during the same period.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

The MDP has contended that the trials against dozens of the party’s members and supporters in Addu City and Thinadhoo were acts of intimidation, accusing the government of threatening to prosecute persons who participate in MDP activities.

Hisaan today also criticised the use of a single judge – Abdulla Mohamed – in the 300-400 cases ongoing in relation to the February 8 unrest, calling the entire process “highly politically motivated”.

The detention of Judge Abdulla Mohamed in January 2012 – following repeated obstruction of investigations into his conduct – led to the intensification of anti-government protests, culminating in policemen mutinying on the evening of February 6.



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Police officers testify against February 8 arson suspects

Eight police officers testified at the Criminal Court today against several defendants accused of setting fire to a police station in Addu City on February 8, 2012.

At today’s hearing, the police officers reportedly identified the accused and testified that they had thrown stones at police officers blocking the causeway between Feydhoo and Gan and had broken through police lines before entering Gan police station.

The officers also claimed some of the defendants had bragged about setting the station on fire.

More than 80 people from Addu City are currently on trial – charged with terrorism – for acts of arson on February 8, 2012, which saw police vehicles, courts and police stations torched in the southernmost atoll.

Some 89 individuals from the island of Thinadhoo in Gaaf Dhaal atoll are also facing terrorism charges. The atoll council office, court building, police station and several police vehicles were set on fire in Thinadhoo on February 8.

The Criminal Court yesterday issued a warrant ordering police to hold 12 defendants from Thinadhoo and one from Gahdhoo – including Thinadhoo island council member Abdulla Saneef – in detention pending the outcome of the trial after they failed to attend a previous hearing.

The accused were presented to court under police custody yesterday.

Chief Judge Abdulla Mohamed reportedly asked the accused to submit their justifications in writing for the court to reconsider the decision.

Following its investigation into the nationwide unrest and violence on February 8, the police forwarded over 100 cases to the Prosecutor General’s office, requesting that 108 individuals be charged with terrorism.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

Meanwhile, Police Commissioner Hussain Waheed and Chief Inspector of Upper South Division Mohamed Basheer were summoned to the court last night to explain why police failed to execute an earlier order by the court to bring suspects to face trial.

The court has previously said it was facing difficulties summoning defendants from the southern atolls as well as housing and feeding the accused. Under the Judicature Act, terrorism trials must be conducted at the Criminal Court in Malé.

Speaking at parliament today, Progressive Party of Maldives MP for Thinadhoo North Saudhulla Hilmy accused opposition-aligned private broadcaster Raajje TV of inflaming passions and inciting violence by falsely reporting on February 8 that MDP MPs had been killed by the security forces.

Raajje TV has since denied the allegations.

February 8

In a press release issued on September 18 after the hearings were scheduled – following a hiatus of over a year – the opposition Maldivian Democratic Party (MDP) contended that the trials against dozens of the party’s members and supporters were politically-motivated acts of intimidation.

The party also accused the government of threatening to prosecute persons who participate in MDP activities.

The press statement also noted that police officers who committed crimes on February 6, 7, and 8 were not being prosecuted.

On February 8, 2012, riots spread across the country following a brutal crackdown on an MDP march in the capital.

Thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat”instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning” while the “disproportionate” use of force left dozens of demonstrators injured and hospitalised.

Al Jazeera filmed parts of the crackdown, reporting that “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds”. The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

Amnesty International warned that failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity”.

Moreover, former PIC Chair Shahinda Ismail told Minivan News in September 2012 that a staff sergeant caught on tape kicking a fallen demonstrator “was promoted after this incident.”

In February this year, Shahinda told Minivan News that detainees arrested in Addu City on February 9 were “forced to walk on smoldering coals”.

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