Tuesday, November 4, 2008

Will Gayoom get Immunity from Prosecution?



We have seen a former head of state, Mohamed Fareed, and a former head of government, Ibrahim Faamuladeyri Kilegefaanu, living in Male with respect and dignity during the 1960s. They could do so because their successor Ibrahim Nasir gave them the chance. But what did Nasir get in return for this good gesture? He was hounded out of Maldives. Perhaps those who did it then would now be wishing they hadn't. Today there is another change of guard at the Presidential Palace. Will history repeat itself?


Hopefully the new generation of Maldivians would prove to be more civilized in this respect. Already there are good signs. President Elect Mohamed Nasheed has said outgoing President Gayoom would be given facilities befitting an ex-president.


However an important question remains unanswered. What would happen to all cases of alleged corruption and abuse of power by Gayoom and his close associates? Would President Nasheed given an amnesty to Gayoom? There are doubts if the Constitution of Maldives empowers the President to do that. Article 115 (s) of the Constitution only gives him the power "to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal." So, unless Gayoom is convicted it would appear that President Nasheed will not be able pardon him.


Under the Constitution, the responsibility to prosecute criminal activity is vested in the Prosecutor General. Article 115 (f) gives him the responsibility "to order any investigation that he deems desirable into complaints of criminal activity or into any other criminal activity of which he becomes aware." Clause (h) allows him "to review or revert any decision to prosecute or not to prosecute any alleged offender, or to discontinue any prosecution."


Thus it would appear that it is not the President, but the Prosecutor General who could take a decision on the matter. But can any of them stop an aggrieved citizen from taking Gayoom to court?

12 comments:

Anonymous said...

President Nasheed had pardon president Maumoon for all the grievance caused to him alone...........
He cannot pardon for everyone, plus doesnt MDP iththihaadh has a say in this matter...........

Anonymous said...

Prosecute Qayyoom for what, has he committed any crime. If he was elected for 6 times , is that his only fault.

Anonymous said...

Will Zaki get immunity from prosecution?

Anonymous said...

Will Reeko Moosa get pardon for importing a buddha into the country?

foofighter said...

The Prosecutor General is Appointed by the president. So Anni gets to choose who will be the prosecutor general.

Waheed you don't understand the gross human rights violation by Nasir. He was much more brutal than Golha the Dictator.

Personally there are people who wish Nasir was here so that they could kill him. True he raped the women folk and killed the brothers and fathers of the people of Havaru Thinadhoo.

Although Mdp coalition said they are not going after Gayyoom. Still the public can file suites with the Anti-corruption commission, Human rights Commission, and Public Complaints.

Musafir said...

We can leave Maumoon free w/o prosecuting him. But by doing so, we may be creating a precedent under the new constitution for any president do abuse the power of his office. Is this what we want?

Laws are meant to be a deterrent. While our Constitution stipulates that all are equal above the law, not applying the law because of a person's nobility or status, undermines the law itself, and the moral authority of the relevant independent institutions to apply it equally to all.

As Muslims, we must remember that Allah Almighty has warned us that he has destroyed many a nations because they aplied the law to the poor, and did not for the noble.

Anonymous said...

Dear Doctor
Mohammed Fareed Didi and Gayoom are two completely different stories. What they did are not comparable.
Your Good Friend

Anonymous said...

During Qayyoom's regime the enforecement of law and punishment was based on difference in class, rank, social and family relationship with Qayyoon and his "friends", very much like Confucius of China(Confucianism belief)

We elected Anni to eliminate this descrimination. Laws are to be enforced to everyone equally. All are equal before the law. So Qayyoom should me made liable for whatever ill he has done for the last 30 years.

Anonymous said...

Vengeance is mine say the lord.

Anonymous said...

What Nasir did to the unpatriotic people of Havaru Thinadoo was justifiable. My 2 laaris.

Anonymous said...

12.03

did reko moosa commit a crime by importing a budha. How can he import a budha illegally? He paid tax, duities and he workd it out throgh a process in full light of custom authorities. if his imported goods had been an illegal stuffs, those stuffs might be confiscated and discraded. what a nut u are. man. u dont have a clue on politics nor u have any clue on custom rules. what a nut u ar.

Anonymous said...

What Reeko Moosa imported was NOT a Budha.The bits he imored were later made/shaped into a Budha by others in that Resort.How could Moosa Know what the materials that he imported would be transformed into a Budha.Cement,sand etc are also imported into the country, the importer would not know in what shape these materials would end up.And anyway, these are just unnecessary arguments now. It was useful propaganda to bring down Gayoom. Now that has been accomlished let us not dwell upon this. There are people who worship fire. should we stop importing Match boxes and lighters. moral: the importe materials are not what matters.