The Courts of Maldives- Civil, High to Supreme!

Maldives has Magistrate Courts, Civil Courts, Criminal Court, High Court and the Supreme Court at the top; in its judicial structure. In the basic functioning, the High Court and Supreme Court are the highest appeal courts in that order. The Supreme Court is also the highest body that can "translate or define" what the constitution of Maldives reads. The Judicial Service commission is the independent body assigned with the important task of asserting that the Judges of our judicial system are of the highest behaviour and follow the laws they preach upon the defendants in courts. The Commission is comprised of Judges, Members of Parliament and Member of the Civil Service, a member appointed by the President and a Member appointed by the Public. The lines in this picture are so intertwined, hazy and unclear that these entities themselves do not understand where it begins and ends. 

We saw the biggest obstacles with the Court systems during the 3 years of President Nasheed. For what ever reason it was that he "padlocked" the Supreme Court; the decisions by the court itself is highly dubious. Then Nasheed "detained" the Criminal Court Judge Abdullah Mohammed and some believe, lead to Nasheed's downfall as well. The significance of Judge Abdullah is once more at an interesting intersection. The current Coalition Government backed Judge Abdullah when Nasheed detained him and now the current Government faces trouble from him as well. Before we get to this interesting area, let us look at what the Supreme Court did within the past year. 

The Supreme Court single handedly ruled over the parliament establishing that it can read the Constitution as it pleases. The Court also decided to delay the Presidential election (against the constitutional mandated dates) and also assigned special guidelines for the Elections Commission to follow. The public is now confused as to who is authoritative over whom; there was no clear decision. The Courts are still out on that!

Then now once more the Criminal Court (with Judge Abdullah) refuses to abide by the Directives of the High Court. Well with the example set by the Supreme Court in not following the Will of the Parliament, a precedence can be said to have formed. 

Then there was the Sex Scandal of the Supreme Court Judge Ali Hameed. The video of him having sexual relations with "prostitute" is being distributed in the public domain. The Judicial Service commission is yet to take any measures on the matter. Or and by the way, the commission is also investigating conduct by Judge Abdullah as well for another matter all on its own.

The Justice Ministry is busy trying to find ways to implement the death penalty while the status of our courts are highly questionable. 

Of course, we cannot forget the matter of the Minimal Criterion for a Judge (grade 7 standard if my facts are not wrong) and the exuberant salaries for life, insurance schemes and other privileges. The allowing of well known Criminals (including Murderers, like Shahum who was let out to the public by Judge Abdullah simply in his words "to show as an example" for something that no one is sure of; later to murder another person) to be free on the streets and travel to Sri Lanka for medical reasons, paid for by the state; has become common practice. Also let us not forget, Aishath Velezinee (the ex-member appointed by president Nasheed to the Judicial Service Commission) and how she single handedly protested at the Judges Swearing in ceremony ;she claimed that they were not following the Constitution and that all current Judges are not properly Sworn in! 

So, as the Public, what do we do? 

Death Penalty in the Maldives- is it being used as a political statement for the Parliamentary elections?

This is not about the application or implementation of the death penalty; this is whether the death penalty is used as a political tool to identify specific groups as being more "Islamic" than the others, by supporting it. The disturbing truth of the matter is the apathy towards the discussion and the fear of being labelled. This is a serious matter since we have not had anyone put to death by the state under a justice system since the early 1950's.
The issue had never been discussed or brought up by anyone other than religious persons who preached in the shadows during ex-president Gayyoom's presidency. Gayyoom had the scholars shunned and disgraced and belittled and ensured that they were not vocal enough. Then with the available freedoms of a democracy, brought about by the MDP and the Democratic movements and the first multi party elections; all scholars and preachers now had a voice. Still, the issue of death penalty was not raised at sermons or preachers on stage, at least not to the level that it made news headlines.
Many of our unfortunate young people had been murdered on the streets; no issue raised. Innocent Policemen and young girls being raped; no one batted an eye. A member of parliament and religious scholar was murdered on the streets and still no issue. Then it is time for the parliamentary elections, the government is afraid that opposition MDP will be stronger in the parliamentary elections; suddenly the issue is raised.
It is raised by Umar Naseer who once made a political party called Islamic Party and advocated for Shari-ah to be implemented. The man who lost his first bid for presidency in 2008 and then left his party and joined his then opposition, PPM and now is a minister of the PPM coalition government. The man raised the issue as Home Minister, via a special declaration, or directive to the authorities to start preparing for implementation of the death penalty via lethal injection. The Current President Abdullah Yameen, who is not known to be a strong advocate for Islamic law, was away and on his return to Male' furiously said that Umar had not consulted the cabinet. Today the cabinet has also advised the president that Umar was right and that we need to use lethal injection.
Then we saw MP Mahloof present to the parliament a request to have a public referendum on the matter, if we would want to implement lethal injection. Then he takes it back and apologises saying religious scholars have enlightened him on the matter, and calls upon the government to begin capital punishment.
It seems PPM or President Yameen cannot make up their mind, if they would implement the death penalty and gain support of the religious advocates for it or if they should, as their president of the party, ex-president Gayyoom did, ignore the religious voices and implement their own views. It seems now the final decision lies with the president. Ex-president Nasheed would be having a laugh imagining the turmoil within Yameen's self, for he had to face similar decisions. It was Nasheed in 2009 who created the Islamic Ministry and supported Adhaalath Party in the beginning;, for he once said, there was nothing better than politicizing the "scholars" who wanted power.
So it is a political decision,clearly! So does it mean, the government merely wishes to implement the policy for political gains rather than fear of God? Is the issue of implementation already decided, or will this be dragged on till the end of the parliamentary elections? Even MDP now has said that they have nothing against the implementation of lethal injection for those to be put to death.Does it mean the government and the opposition aligned already for the implementation? I believe so; this is not a matter of if the Death Penalty is allowed in Islam and has to be implemented but rather the way it is being used in Maldives Politics!

Maldivian Democratic Party (MDP) and it's Primaries!

I am not a member of MDP but i was a strong advocate for their ideals and beliefs back in 2004 to 2008. With the winning of the first multi party elections, we had so much hope for MDP and it's leaders. Our dreams of a democratic state were inadvertently linked to MDP. Let us leave what happened during their 3 years of rule for a later date.
Today, MDP once more is the opposition to the old dictatorial regime that has won the presidency via the peoples popular vote. PPM is the current face of the regime and it's broad coalition is made up for the rest of the political parties, all other than MDP, are united.
The parliamentary election in March 2014 will be a decisive moment; if the people want MDP back in power or it could also show the public to vote for qualities of candidates rather than their political alliance. MDP already threatened the current president that they would take a vote of no confidence against him if MDP wins majority seats in parliament.
MDP PRIMARIES!
When the DRP candidates joined MDP for the last presidential election, it was no real surprise. There were few parliamentary seats with DRP that were critical for MDP who are now with them. These seats belonging to Thasmeen Ali (ex-leader of DRP) and his wife's seat along with senior DRP leaders who joined MDP, like Rozaina, probably accepted to join MDP to secure their seats. There is nothing wrong here except politics itself. The issue arises when under suspicious circumstances, Thasmeen is allowed to win the primary without the inclusion of the votes of the largest island in his constituency based on the lack of "proper environment to vote". Surprisingly, all the DRP candidates who joined MDP now would have secured their seats in the MDP primaries. Thasmeen's rivals in the primaries are now calling foul play.
It is sad to see that many MDP members do not see the issue here. MDP no longer is owned or represented by few individuals but is a creature all by it's own independence. It has a responsibility to uphold the true values it promoted and inclined so many supporters towards it. Such issues of "undemocratic actions" should not taint it's image. If MDP wants democracy they cannot give it to the people in comfortable sips as they please; for that is exactly what ex-dictator Gayyoom said; "...Maldives is not ready for full democracy it has to be given in bits...".
MDP should allow for their incumbent Parliamentarians to be tested truly by their  constituents in the democratic manner that they have preached all these years. There should be no doubts, or room left for allegations of undemocratic behaviour. MDP is an ideal and it had given so many people so much hope for a better country and life. The members and it's leaders should not forget, they are to serve the people not themselves.