Archive for the ‘News’ Category

Pressure for Maldives to release judge

1st January 2012, Male’, Maldivestoday.com

Radio Australia News:

John Dowd Australian Attorney

The International Commission of Jurists has joined calls for the Maldives’ military to release a senior judge from custody.

Abdulla Mohamed was arrested on Monday after he ordered the release of a government critic being detained without a warrant.

The move sparked protests at home and abroad, the country’s vice president says he’s ashamed of his government’s actions, and the United Nations has called for the judge to be either freed or charged.

But President Mohamed Nasheed says the country’s judicial system is unable to regulate itself and is accusing the judge of political bias.

President of the Australian branch of the International Commission of Jurists, John Dowd, told Radio Australia that those allegations are unfair.

“Clearly he has been demonstrating independence as he’s supposed to do and the government doesn’t like it,” Mr Dowd said.

” Even if the government’s assertions about what he’s supposed to have done wrong [were correct], none of it would warrent his arrest, none of it would warrant his incarceration and its clear that he must be immediately released”.

http://www.radioaustralianews.net.au/stories/201202/3420750.htm?desktop

Nasheed fears Maldives Judiciary for his corrupt activities

30th January 2012, Male’, Maldivestoday.com

For Maldives President Nasheed any gambling is worth taking as long as it keeps him in power. The island nation of approximately three hundred fifty thousand is not a task too big or too challenging to attend considering that the entire population belongs to one ethnicity, one race, and religion. The country is known throughout history for its modest way of living, harmony and peace. It was a nation always keen to embrace modernity, changes that the world was witnessing. It did not find it a daunting task to transform its form of governance first from Sultanate to Republican form government. It’s a nation eager for adaptation hence; its Constitution saw drastic alteration to fall in line with the standards acceptable to modern time. Perhaps, the first Muslim country to do so; without a civil unrest or blood bath. The 2008 Constitution in many ways lifted the spirit of the nation.

Proud as having one of the finest form of Bill of Rights enshrined in the Constitution, with distinctively independent Judiciary and constitutional institutions to check and balance government activities, the people perceived it as the ultimate guarantee of liberty and sanctity of their rights. They are, as they find three years down the line, disappointed and disturbed and even tormented by the way the constitutional rights are stifled, people tortured, government exercising draconic force to silence dissents. The country discovers in less than three years that having a Constitution with all the characters, provisions, and guarantees does not suffice unless the Head of the State is sane, sober unselfish and able to weigh the duty of his position with equal responsibility. This is what is lacking in the Maldives. There is void in the thought process of the President. His tendencies to turn upside down the constitutional structure, at its growing years seem to dent a lasting blow and will have unfortunate consequences to its adaptation of democratic values and ethics.

Since the beginning of this month, President Nasheed relentlessly assaults judiciary. First, he had the Chief of the Criminal Court arrested, and detained by military in an unprecedented move never before seen in the country even during the long regime of President Maumoon, who was constitutionally head of the state and judiciary unlike the current President. The nation, since then witnesses’ continuous protest, professionals condemn it as a grave constitutional offence, constitutional body of judicial service commission mandated called for his released, and the High Court for third consecutive time issued orders to have the judge presented in the court, which government ofNasheed defies without shame.

Nasheed has accelerated his defiance to the rule of law. He now has declared not accept the jurisdiction of all Lower Courts. It was in place for more than one and half years operating under the new constitutional requirement.  The legal community and constitutional bodies believe that Article 141 of the Constitution makes it an offence for anyone to try and interfere with the function of the judiciary. The Judicial Service Commission Act gives the body the requisite mandate to appoint and recommend for removal judges to Parliament. Article 21 of the said Act provides the commission with the authority to appoint judges to all courts with exception of the Supreme Court, discipline judges even in case of Supreme Court, the Commission has the mandate to recommend candidate for the apex court.

The nation now is in crisis, as the independent judiciary is paralyzed by the Head of the Executive. The President has declared his intention not to submit to the rules and judgments issued by lower courts. The Chief Justice has condemned it and issued a reprimand reminding that Article 141 (a) gives the courts the sole mandate to determine legality of issues and obligation of citizen to submit to the rule of law. The uncertainty, judicial assault and defaming of judiciary many believe is governments own creation without a legal merit. Many legal observers believe that Nasheed who tries to portray to international community that his attempt is to clean the judiciary has violated the constitution and likely to be held accountable for his actions. The main reason to confront judiciary, many in the country believes stems from the fact that his government faces numerous cases of corruption ranging from 21 million dollar project to his Party Parliamentary Group leader Mr. Moosa, corrupt deals which have benefited his family, close friends and party activists.

The President wants to withhold lower court judges’ salaries from February

27th January 2012, Male’, Maldivestoday.com

President Nasheed today met with Maldives military personnel at their headquarters in Bandaarakoshi, this afternoon.

This was confirmed to DhiTV,  a popular private TV station, by a military media official today. According to the official the purpose of the meeting was to convey special messages to military personnel by the President. DhiTV also reports that the military has distributed a booklet yesterday, on protecting the elected government, safeguarding the democratic institutions and serving the nation in emergency situations.

In his speech, the President reiterated his executive powers as Commander in Chief, and raised their hopes for possible promotions to higher ranks.

According to leaked audio tapes the President stated that in line with his instructions the Ministry of Finance will withhold the salaries of judges in lower courts starting from February. He has also expressed his discontent with the judiciary stating that the lower courts and magistrate courts are not legal institutions, and rulings from these courts cannot be upheld.

The lower courts established under the Judicature Act (Act no. 22/2010) include the four Superior Courts in Male’ and the island magistrate courts. Article 53 (a) of the Judicature Act  states; Superior Courts are first instance courts created under this law in the upper category of the lower courts. The Magistrate courts are created under Article 62 of the same Act.

During the demonstration staged by the MDP today in front of the Supreme Court MP Alhan (MDP) called upon the President to withhold the salaries of judges.

http://youtu.be/BpsZLYtcDF8 (leaked audio)

Breaking News: The 2008 Presidential Candidate Dr. Hassan Saeed summoned to Police Head Quarters

26th January 2012, Male’, Maldivestoday.com

Dr. Hassan Saeed who emerged as the third place in 2008 Presidential election has been summoned to Police Headquarters today at 1:30pm. Dr. Saeed includes among the political leaders who have been summoned to police and some arrested in the recent government initiated political crisis which began with the arrest of DQP Deputy Leader Dr. Jameel and former Amnesty International Prisoner of concience.

Judge Abdulla arrest against international agreements: Dr. Jameel

23rd January 2012, Male’, Maldivestoday.com

By: Ahmed Hamdhoon, Haveeru

Dr. Mohamed Jameel Ahmed, Vice President of DQP

Vice President of Dhivehi Qaumee Party Dr. Mohamed Jameel Ahmed has said that the Criminal Court’s Chief Judge Abdulla Mohamed was arrested against the international agreements signed by the country.

Speaking at a programme on DhiTV last night, Dr. Jameel who had also been detained on three separate occasions said that Judge Abdulla’s arrest was in clear violation of the international declaration on human rights, political and civil rights agreements, and also the United Nations (UN) charter.

“We are obligated to comply with such international agreements as the articles 68 and 69 of our constitution clearly state that we must abide by the international declarations that we agree upon.” he added.

The arrest of Judge Abdulla was a clear violation of international agreements, which indicates that the act was a deliberate attempt to “destroy” the regulations under the constitution, Dr. Jameel said.

“The constitution does not revolve around the president alone and has afforded specific authorities to the president, the parliament and the judiciary respectively.

But now we have witnessed the infringement of the freedom and independence of the judiciary, which is against the international agreements we follow”, he added.

He also said that the fundamental rules of the judiciary were declared by the UN in 1985, which clearly stipulates that no one must influence the judicial system in anyway.

Dr. Jameel further stated that resorting to “heavy handed” tactics when faced with adversity was against the rules of modern society.

Board member of Maldives Inland revenue Authority resigns citing deteriorating respect for rule of law

22nd January 2012, Male’, Maldivestoday.com

Board member of Maldives Inland revenue Authority resigns citing deteriorating respect for rule of law

Abbas Adhil Riza

The Board Member of Maldives Inland Revenue Authority (MIRA) Mr. Abbas Adhil Riza sent his letter of resignation to the president today. In the letter he mentioned that his resignation is due to deteriorating situation of the country. Among other things he also mentioned a recent attack to him by ruling MDP sponsored mob. The mob attacked him while he was having lunch at Al Fresco (a coffee shop in the compound of STO). “It has been 8 years since I have been having coffee at Al Fresco. But nobody attacked me. But recent attack on me has proved the deteriorating level of nation” Abbas added.

Because our children are at risk, our wives are at risk, everywhere we look we see signs of darkness and danger, Police and army have failed to give us protection, some people has purposely decapitated the power of the constitution which was achieved through the hard and fearless work of many. Hence, he said the nation needs him to uphold the constitution more than him to be at the Board of MIRA.

Mr. Abbas Adhil Riza include among the many who have decided to abandon MDP Government. Political experts believe MDP will be badly defeated in the next election to be held in 2013. SAARC Secretary General resigns, PS of Defence Ministry resigns.

These resignations and political turmoil began when MDP government illegally arrested DQP Deputy Leader DR. Jameel, DQP Council Member Sandhaanu Ahmed Didi and followed by kidnapping and illegal arrest of Criminal Court Chief Judge Abdulla Mohamed. Experts believe these are the after shocks and it will take time to settle the dust by which time MDP government would be highly unpopular and many of its heavy weights switching side to the opposition.

At a press conference in the Foreign Ministry Foreign Minister Naseem said that he doesn’t believe arrest of Judge Abdulla was illegal which was immediately condemned by the opposition DQP with many legal points. They also said Naseem failed to give any substance and legal points to prove his argument. It’s pathetic that Naseem is making a fool of himself when the Supreme Court has ruled out illegality of Judge Abdulla’s arrest, PJ, HRC all have shown their concerns. Abbas resignation is a proof that Maldivians are not buying into the propaganda of Foreign Minister Naseem.

Mr. Abbas Adhil Riza is a man of principle and the Maldives nation needs more people like him said a close friend of Abbas.

Nasheed, a chameleon a masters of disguise

22nd January 2012, Male’, Maldivestoday.com

Nasheed, a chameleon a masters of disguise

A two-faced man

The Maldives is currently besieged by internal unrest and turmoil that is largely the government of President Mohamed Nasheed’s own creation, as observed by diplomatic missions and claimed by opposition. Nasheed has been a two-faced man long before he climbed up to the ladder of power. It was during the period in opposition he managed to unceremoniously dump two of his predecessors who were democratically elected to head his party. He schemed to force them not only to leave the position in the party but abandon the party itself. Two of his predecessors went on to form their own party after they were chased out from the party. Once in control of the party, he manipulated every single organ and voice of the party to serve his needs and orders. It was not long ago that many independent, moderate and sensible individuals realized the one-man show, a freaked attitude to any dissenting opinions. There was no question of standing up for a democratic belief, it was the case of either to fall into line or be prepared to vacate their post and membership.

Abuse of newly found status

This was the road; Nasheed opted to reach the helm of power. He has his friends in the West, no doubt in that, who advice him to carefully prepared lines to pick up at international forums, giving him unparalleled exposure that would not have given to any other leader of a third-world nation.  He was determined to use the newly found status, a sort of fame and his status as a leader of small nation laying in South East Asia. His rhetoric often echoes that of big leaders of the world, trying to jump up high beyond his position, calling the world to do more on environment and strengthen democracy. Even at these forums and international platforms he was not be mindful of contradictions and misrepresentations and most importantly blatant lies.

At home the language is far from democratic

At home, addressing to a crowd in the atoll during a campaign rally he was not apologetic when he stunned the gathered crowd by saying “I will be very kind and do whatever required to help my party members but when others approach me, they will witness the evil side of me”, it would have engulfed a nation if a leader of a democratic nation has expressed such a thing. He has issued direct threat to opposition parties and used vile language to describe educational background of their leaders at different occasions. He has challenged the nation into accepting drugs as a means to resolve the plague and crisis the nation faces. He said on the occasion of drug rehabilitation “everyone shall loose senses once in a while, when hashish or marijuana remains the sole option to get high, people will use it.

Power of fist- total disregard of the constitution

Nasheed arrested two sitting MPs who were leaders of opposition parties and in one occasion sent military tank to arrest VP of the Parliament over the opposition to his policies of privatization and surging corruption in the country. He relentlessly attacked judiciary over their decisions, setting up his own Kangaroo Courts and ultimately padlocking the Supreme Court, which stunned the entire nation as it was unthinkable even during the long reign of 30 year rule of former President Qayyoom. In his final attempt to silence critics and  dissenting voices he managed to get arrested in as many as three times in a week, the leader of a Opposition Party Dr. Jameel, in all three occasion the court declared his arrest illegal. Nasheed , unsatisfied with the decision of the judiciary, sent military to take top judge of Criminal Court , who is still in false disappearance , though military now acknowledges he is in their detention.

A perfect example of Obama’s Cairo speech.

It took some time for the West and democratic nations to realize their actions in several Muslim nations and understand the Qadafi, Mugabe league leaders.

FREEDOM FROM FEAR: ARE WE ABOUT TO LOSE IT?

21st January 2012, Male’, Maldivestoday.com

By: Dr. Mohamed Waheed Hassan Manik

Dr. Mohamed Waheed Hassan Manik

I am truly shocked by the trivial manner in which some of our educated people, especially among the youth, are taking the issue of freedom from arbitrary arrest and detention. The case of the Criminal Court Judge becomes important  in the first place not because he is a judge nor because he belongs to the criminal court. First and foremost he is a Maldivian citizen like all of us. The most important and most precious dividend from the democracy struggle in Maldives has been freedom from fear. It is the knowledge that no one of us will be dragged out of our beds in the middle of the night and taken to an undisclosed location. The moment we deny this freedom from one person, we deny that freedom for all.

In the aftermath of the World Wars and formation of the United Nations, the international community agreed that freedom of nations depended on the freedom of the individual. Since 1945, there has been a concerted effort by the international community to develop a comprehensive body of international human rights law. The most fundamental human right is the right to personal liberty. and one significant aspect of personal liberty is freedom from arbitrary arrest and detention. The Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948 in its Article 3 states that “everyone has the right to life, liberty, and security of person. In Article 9 it states that “no one shall be subjected to arbitrary arrest, detention or exile”. Similarly, the International Covenant on Civil and Political Rights states that “everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”

Maldives signed the Covenant on Civil and Political Rights and its Optional Protocol on 16 December 1966. Similarly, we signed the International Covenant for the Protection of All Persons from Enforced Disappearance on 20 December 2006.

Besides all the international legal obligations, the Government of Maldives is bound by the Maldives Constitution 2008 which prohibits arbitrary arrest and forced disappearance. We have just witnessed the first possible violation since the dawn of democracy in our country. I cannot understand why this is not an issue for everyone in this country.

Those of us who have struggled for freedom in this country for over 30 years, are wondering whether we have wasted our efforts. I have expressed my reservations about the way the Government has allowed the disappearance of a citizen, a Chief Judge of the Criminal Court, for the reasons I mention above. I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President.

Islamic Minister of Mr. Nasheed’s government says bilateral relations with the state of Israel is prohibited

21st January 2012, Male’, Maldivestoday.com

Dr. Abdul Majeed Abdul Baree

The Islamic Minister of MDP Government Dr. Abdul Majeed Abdul Baree in an interview to local news paper Haveeru said “its prohibited for the Maldives to foster any bilateral relations with the state of Israel when they kill innocent Palestinians for no reasons”.

Dr. Majeed has recently being put in fierce criticism for his double standards.

In the international community President Mr. Mohamed Nasheed portrays himself as the best friend of the west while his own ministers and and himself have different rhetoric back home.

We can bet President Mr. Nasheed’s propaganda online news portal dare to cover this interview given by Dr. Majeed to local news paper Haveeru.

Dr. Majeed's statement on Israel

STATEMENT BY EU HEADS OF MISSION IN COLOMBO

21st January 2012, Male’, Maldivestoday.com

European Union Heads of Mission based in Colombo and accredited to the Maldives view with concern recent developments in that country, including the arrest of a criminal court judge by members of the security forces.

European Union delegation to Maldives and Srilanka

EU Heads of Mission reiterate their support for the process of democratic transition in the Maldives and note the importance of the principles underlying that transition, including respect for the constitution, due process, indepence of the judiciary, the rule of law and freedom of expression are central to this process.
EU Heads of Mission call on the all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.
The Royal Norwegian Ambassador in Colombo, accredited to the Maldives associates herself with this statement by EU Heads of Mission.

End.

Here is the link to the original statement

EU Statement on Maldives