Ex-PG: State has legal authority to investigate Bassam’s case; no fear of FIFA suspension

Former Prosecutor General Hussain Shameem, on Thursday, said Maldives has the legal authority to probe the case of former president of the Football Association of Maldives (FAM) President Bassam Adeel Jaleel, who is serving a nine-year prison sentence for embezzlement and money laundering.

The cases against Bassam and other top officials from FAM stem from the allegation that they embezzled over USD 1 million in funds provided by the Federation Internationale de Football Association (FIFA) to FAM.

Bassam, who is already serving a nine-year prison term—four years for embezzling FAM funds and five years for money laundering—is now facing additional accusations involving the suspected misappropriation of more than USD 1.2 million (over MVR 18 million) that FIFA had transferred to FAM. He is also being charged with treason and money laundering in the ongoing case.

The prosecution has also charged former FAM officials and Amin Construction in connection with the case.

Bassam’s legal team argues that the funds in question were FIFA’s money, and therefore only FIFA has the authority to investigate or authorize proceedings. His lawyers maintain that local authorities cannot intervene in matters governed by FIFA statutes.  

The Criminal Court rejected the defense in November, after which Bassam appealed the decision to the High Court.

Shameem published a detailed blog post on the matter, in which he refuted the argument by asserting that Maldivian authorities are empowered by its laws to investigate the cast. He emphasized that Article 13 of the Penal Code grants the state jurisdiction to prosecute any offense when any part of the conduct constituting the offense occurs within the Maldives.

To reinforce his argument, Shameem added that Article 13 also gives the state jurisdiction to prosecute any offense committed by a Maldivian citizen, or carried out in cooperation with one, regardless of where the crime occurs.

Shameem directly addressed Bassam’s claims that local authorities cannot act independently of FIFA regarding the matter.

In this regard, he explained that it is FIFA that will decide regarding Maldives’ suspension.

“Even if suspended, this does not prevent the case against Bassam from being prosecuted. A prospective directive by FIFA is not among things which Criminal Court judges are bound by under the Maldivian constitution and laws,’ he said.

According to Shameem, FIFA’s country suspension occurs only when operations of the country’s national association is being influenced by a third party. He added that FIFA has never suspended any nation over a corruption investigation, which is why Maldives need not fear suspension.

The skilled lawyer, referencing FIFA’s constitution, stated that FIFA membership is granted to a country’s national football association and that FAM received this status with the approval of the Maldivian government.

“The government’s condition is developing football. Hence, the funds granted to FAM are meant to benefit the people of the Maldives by advancing football in the country,” he added.

Therefore, Shameem stated that funds received by FAM from FIFA or any other organization are essentially funds received on behalf of Maldivian citizens, meaning these are the funds that have been mishandled.