Zero-tolerance to prosecuting politicians

Justice in the Maldives has been a fickle thing of late. The Solih administration had taken the helm with the aim of building back better, to establish more stringent restrictions on corruption and remove the taint left by the Yameen administration, as well as mete out long overdue justice. Yet, the reality has been far from the promise.

The two major cases currently on the table are those against former President Abdulla Yameen on charges of accepting bribes and money laundering, and that against current Minister of Youth, Sports and Community Empowerment Ahmed Mahloof on charges of accepting bribes for his vote on a Special Economic Zone bill when he had been a lawmaker with then-ruling party Progressive Party of Maldives (PPM). 

With Yameen’s incarceration - and subsequent home-imprisonment, a questionable decision but the status quo when dealing with the heinous offences of prominent politicians - the stage was set for proper judicial function. However, the charge of money laundering, of a whopping USD1 million, proved to be a dead-end, as doubts were raised regarding the prosecution procedure, allowing his release by order of the Supreme Court, and subsequent re-entry into the political sphere.

While this is a sign that the judiciary is being mindful of proper procedure and ensuring that justice is dealt out fairly, this has not been the case for non-politicians tried and incarcerated, day in, day out, on offences that are comparably minor. This raises eyebrows, yet the public is then reassured by following up this judicial deadlock with two further charges against the former President. The people who feel wronged by him are once again hopeful that, with proper investigative and judicial competency, justice will be meted out.

Mahloof is charged with accepting over USD30,000 as bribes from former Vice President Ahmed Adeeb for his vote on the aforementioned bill, funds which the prosecution has alleged was sourced through the Maldives Marketing and Public Relations Corporation (MMPRC) embezzlement. Mahloof has thus far denied all allegations. 

Mahloof, who has since shifted his allegiance to the Maldivian Democratic Party (MDP), was appointed Minister with President Ibrahim Mohamed Solih's presidential victory in 2019. Once the allegations against him came to light, he was suspended from his position, although it lasted only four months. He was returned to his position, whereby he claimed that he would resign if he was charged and claimed that he was being used as a 'sacrificial lamb' in a political sense. He had also, rather ominously, claimed that the 'truth' will be unveiled in court, a truth which may lead to still more political drama. He was suspended again later, but reinstated shortly afterwards after a claimed change in government policy in such cases – that officials accused of corruption, bribery, etc, will be removed or suspended from their positions once formal charges are pressed against them – which of course is yet to happen in this particular case. 

Hearings in Mahloof's case was to commence in late 2021, although citing the pandemic, the courts announced that his case will be delayed until the situation got better. This flew in the face of earlier rulings by the judiciary whereby court hearings were held online, an issue that both the Prosecutor General as well as Transparency Maldives raised. After a public outcry, hearings were scheduled, with the first hearing held on 10 February this year. The excuses and delays in scheduling the hearings against Mahloof, as well as the government's sudden changes in policy as well as lack of action against an official who stands charged with accepting bribes is almost comedic. 

As is usual in hearings involving politicians, both Yameen and Mahloof's lawyers have tried to delay the hearings claiming that the charges are not clear. In Yameen's case, he has also requested that the hearings be delayed until they can be telecast live, which the court has said is not possible due to lack of resources and technical difficulties. Yameen's hearings in 2019 had, however, been telecast live.  

Another important determining factor in Mahloof's case may stem from the Supreme Court ruling on the first case against Yameen, where it ruled that the testimony of a 'fasig' [immoral] cannot be accepted, referring to former Vice President Ahmed Adeeb. Adeeb incidentally is a witness and has given testimony in Mahloof's case as well. 

The current government has proven time and again that the Maldivian people will not see justice when it comes to politicians who are accused of wrongdoing – the cases against former Minister of Tourism Ali Waheed and even former Vice President Adeeb are testimony to this fact. While the authorities have claimed delays in extraditing Waheed, due to delays in receiving an English translation of the court order, the delay certainly strikes a chord. Meanwhile Adeeb is under house arrest, having being moved home from prison. Why such leniencies and considerations are not meted out to the public is, of course, clear as day. 

The administration's promised 'zero-tolerance' to corruption, which was much heralded, has been disillusioning. There has been no change for the common man or in the system, just a change in those who man the system.