August 18, 2012 – Minivan News

‘I will not take action against army in relation to CNI’: Defence Minister

“I will not take any action against the army in relation to that [Commission of National Inquiry] report,” said Defence Minister Mohamed Nazim, according to an audio clip leaked by Rajje TV.

Nazim has confirmed to local media that the recording was taken during a speech given to the Maldives National Defence Force (MNDF) soldiers on Wednesday night, saying that a full transcript would soon be made available on the MNDF’s website.

Speaking with Minivan News today, Nazim clarified his comments.

“As we have seen on numerous video footage, a very small number of very junior ranked soldiers of MNDF may have acted outside the bounds of law on 7 February. However, the situation at that moment was very chaotic, and there was no command and control over them and they were not following any orders,” he said.

“They were doing what they thought was right in the absence of orders. Therefore, it does not make any sense to take any action against these very junior ranked soldiers, who may not have realised the implications of their actions at the time,” continued Nazim.

The Commission of National Inquiry (CNI), created by presidential decree in order to investigate the circumstances surrounding the resignation of former President Mohamed Nasheed, is scheduled to publish its report on August 30.

Elements of the military, including Nazim himself- a civilian at the time, have been implicated in the alleged coup that led former Vice President Dr Mohamed Waheed Hassan take over the country’s leadership.

Reports produced by the (pre-reform) CNI and the Maldivian Democratic Party (MDP) attest to the heavy involvement of MNDF troops in the transfer of power.

Hours before former President Mohamed Nasheed’s resignation on February 7, uniformed police and 60-70 officers from the MNDF were filmed joining with opposition protesters and attacking military headquarters.

Nazim told the press in June that an internal MNDF investigation into the events had been completed, although he opted not to disclose the details for fear of influencing the CNI’s ongoing investigations.

Military anxiety

Nazim explained that the publication of the report was prompting particular concern amongst the MNDF’s ranks, due to fears that it may spark further violence.

“There is no more anxiety among the ranks of MNDF pending the CONI report than there is among the general public. Our only concern is that the Maldivian Democratic Party has declared that it will take to the streets of Male’ once the report is published, regardless of the outcome,” he said.

The MDP last week announced it would continue its protests until any person implicated in the CNI report was brought to justice.

The CNI’s work does not constitute a criminal investigation and its findings will be forwarded to the relevant government departments before being released to the public.

“Once its findings are published, it is up to the relevant authorities to take any action if necessary,” said Nazim.

Last week, former President Nasheed released a statement expressing his dismay at the flurry of recent dismissals from within the MNDF and the Police force.

“It saddens me to note that during the past six months, senior officers of these institutions have been unfairly dismissed and continuously intimidated,” said Nasheed.

Deputy Commander of Medical Services of MNDF, Captain Dr. Dr Fathmath Thahsyna Ibrahim was removed from her post as Deputy Commander of Medical Services after expressing outrage on social media after her father was allegedly injured by an MNDF officer during a protest on August 2.

In an excerpt from Wednesday night’s speech already available on the MNDF’s website, Nazim urged all soldiers to be vigilant and to avoid “spreading false gossip” via social media.

On July 16Brigadier General Ibrahim Didi, a national hero following his exploits in preventing an attempted coup in 1988, resigned “prematurely” after the government filed charges against him for the detention of Chief Criminal Court Judge Abdulla Mohamed.

Chief of Defense Force under Nasheed, Major General Moosa Ali Jaleel and Vice Chief of Defense Force, Farhath Shaheer, resigned from the MNDF shortly after Nasheed’s departure.

In Nasheed’s statement, he urged the military not to promote, demote, dismiss or intimidate any of its soldiers, but to wait for the CNI to conclude.

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Government alleges continued opposition “harassment”, while MDP slams “terrorism” charges

No date has been set for President Dr Mohamed Waheed Hassan to participate in all party talks, the government has said, claiming the opposition Maldivian Democratic Party (MDP) continues to “harass” state officials despite agreements to the contrary.

Speaking following his return from Saudi Arabia, the president spoke with local media about several issues affecting the country, including financial and political stability. He also talked of the likelihood for his participation in talks with key parliamentary and opposition representatives.

The comments were made as the MDP this weekend hit out at the government over accusations it is conducting a string of “seemingly politically motivated charges” to destabilise the party, ahead of the publication of findings by the Committee of National Inquiry (CNI). The CNI was established to investigate the events surrounding February’s controversial transfer of power that brought Dr Waheed into office.

President’s Office Spokesperson Abbas Adil Riza claimed that despite the MDP’s pledge to cease its street protests over the last 10 days of the holy month of Ramazan to facilitate fresh talks, harassment by party members was continuing. Abbas pointed to an attack on two police officers yesterday (August 17), that he alleged that were politically motivated and carried out by MDP members.

Police Spokesperson Sub Inspector Hassan Haneef confirmed to Minivan News that attacks on two officers had taken place yesterday evening, but claimed that they were not at present being treated as politically motivated assaults. Investigations are continuing into the matter, Haneef added.

According to police, a group of 20 men reportedly attacked two on duty officers yesterday evening near the Dolphin View Cafe’ in Male’. Two male suspects aged 18 and 19 years of age have been arrested in connection to the incident.

CNI outcomes

Upon his arrival today at Ibrahim Nasir International Airport (INIA) in Male’ after representing the Maldives at the fourth extraordinary session of the Organisation of Islamic Cooperation (OIC) Conference, President Waheed told local media that the government would not discuss any outcome of the CNI until the body concluded its work later this month.

The CNI is scheduled to publish its report by August 29, on the events leading to Dr Waheed assuming the presidency on February 7. The report will first be made available to the authorities and prosecutor general. The public will be given access to the findings on August 30.

Abbas stressed that the government was committed to not “intervene” in the inquiry’s work, as it had been set up, and later amended under international pressure, to operate free from state interference.

“The outcome will be respected by the country’s various institutions such as the Prosecutor General’s Office, the Human Rights Commission and the Police Integrity Commission,” he said.

Abbas also told Minivan New that the president was nonetheless committed to taking part in road-map talks between government-aligned parties and the opposition MDP to try and overcome the country’s political deadlock, but only once he was confident the opposition had stopped its alleged harassment.

“The president has continued to reiterate that this harassment needs to stop. It is not stopping and two police officers have been beaten this weekend by MDP supporters,” he went on to allege. “As long as harassment continues we will not join talks.”

Last week, the government alleged that protests against Vice President Mohamed Waheed Deen on the island of Hulhumale’, where he was met with a barrage of offensive language, were directly linked to the MDP, despite the party’s decision to temporarily suspend street demonstrations.

However, the MDP at the time denied any direct involvement in the incident – which saw eight people arrested – claiming it represented the frustrations of individuals against the present political situation.

Ahead of the government’s ongoing accusations that it was being harassed by the MDP, the country’s only opposition party yesterday released a statement expressing “grave concern” at the prosecution of its members, who it alleged were being targeted unlawfully.

“The MDP believes this is a deliberate attempt by the regime to destabilise the country ahead of the Commission of National Inquiry report into February’s transfer of power, which is due to be published on 30 August,” the party stated.

“The regime is pressing charges against MPs for Male’: Hamid Abdul Ghafoor – for obstructing police duty, MP Ibrahim Rasheed for obstructing police duty, assaulting police officers, threatening and creating unrest and MP, Imthiyaz Fahmy, for allegedly assaulting a police officer.”

According to the statement, there was also particular concern over terrorism charges the party said had been filed against MP Mohamed Rasheed and Addu City Councillor Ahmed Mirzad.

“Terrorism charges against these two individuals are being levied under allegations that they incited violence and arson attacks on public buildings and police stations on 8 February 2012 in Addu City. Furthermore, last month the Prosecutor General lodged a case at the criminal court against MP for Thoddu constituency and Deputy Leader of MDP’s Parliamentary Group, Ali Waheed,” the statement read. “The charges against him are also for obstructing Police duty. All the MPs have denied the charges. The MDP believes all of the charges to be politically motivated.”

Coupled with uncertainty over whether former President Mohamed Nasheed will face trial for his role in the controversial arrest of Criminal Court Chief Judge Abdulla Mohamed, the MDP alleged that its members continue to be the victims of a “witch-hunt” orchestrated by the state.

“While politically motivated prosecutions continue, the MDP notes with dismay that no action has been taken against security forces who mutinied and used excessive force on peaceful protesters, although these concerns have been highlighted by international organisations and international media agencies,” the party claimed. “At a time when the people of the Maldives and the international community are also questioning the legitimacy and the impartiality of the government and the courts, it is concerning the government is continuing to press politically motivated charges against pro-democracy activists.”

OIC funding talks

Beyond domestic politics, President Waheed also today discussed the (OIC) that saw the establishment of an institute of dialogue to allow member states within the organisation to collaborate and reach agreement on religious issues.

Abbas said that the president has also had meetings with a number of fellow OIC member states regarding unspecified funding projects.

“The president will in due course reveal the details on these funding projects and how they will work,” he said.

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Decentralisation Act not unconstitutional, Supreme Court rules

The Supreme Court ruled on Thursday that provisions of the Decentralisation Act were not in conflict with the constitution.

In March 2011, former State Minister for Home Affairs Mohamed ‘Monaza’ Naeem filed a case at the apex court arguing that some provisions of the Act contradicted the unitary nature of the Maldivian state as laid out in the constitution, and requested the conflicting articles to be struck down.

Naeem had argued that the Local Government Authority (LGA) created by the Decentralisation Act was not answerable to any government minister while article 140 of the constitution states that, “A member of the cabinet shall be given responsibility for each authority or institute established by the government or the People’s Majlis, except for independent institutions specified in this constitution or established pursuant law. Such member of the cabinet must take responsibility for the operation of such authority or institution and must be accountable for it.”

The Supreme Court bench that heard the case ruled unanimously that the LGA was not unconstitutional as it was not necessary for a minister to be the administrative head of such an authority or office.

The Justices further noted that article 140 did not envision a cabinet minister to be responsible for elected councils.

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Number of Zakat payers decline

The number of people who paid Zakat (alms for the poor) has declined from 82,570 in 2011 to 80,408 this year, newspaper Haveeru reports.

According to the Islamic Ministry’s Permanent Secretary Mohamed Didi, proceeds from Zakat payments amounted to MVR2.4 million (US$155,642) this year. Didi said the decline was “surprising” as the numbers of people who pray at mosques were steadily rising.

Meanwhile, the number of registered poor in the capital Male’ increased from 10,000 in 2011 to 11,000 this year.

Zakat is one of the five mandatory pillars of Islam. A sum of MVR220 per head was issued by the ministry this year.

Haveeru noted that a considerable number of people paying Zakat through means other than the government.

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Drug Court begins hearing cases

The Drug Court formed under the new Drugs Act began its first trial last week.

While the first preliminary hearings by the court were held on June 17, local media reported that the first trial commenced on August 15.

According to the Drug Court, 312 cases have already been filed and the court has ordered the National Drug Agency to draft indicative assessment reports for47 individuals to determine their level of drug addiction.

The Drug Court was established under the Drugs Act passed by parliament in 2011, which was intended to move away from a punitive approach against “small scale drug offences” to rehabilitating drug addicts.

In May, State Minister for Health and Family Lubna Zahir Hussein told Minivan News that the new law and court represented long-needed changes to drug policy.

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Addu City MDP MP, councillor face terrorism charges

The Prosecutor General’s Office on Thursday pressed terrorism charges against over 40 individuals accused of setting the Seenu Gan police station on fire on February 8, including Maldivian Democratic Party (MDP) MP Mohamed Rasheed and Addu City Councillor Ahmed Mirzadh.

Terrorism charges carry a jail term of 10 to 15 years.

On February 8, a brutal police crackdown on an MDP march across Male’ sparked riots across the country. The crackdown came after thousands of MDP supporters took to the streets, rallied by former President Mohamed Nasheed who had declared that his resignation the previous day was “under duress.”

In the southernmost atoll of Addu, police stations, police vehicles and a police training academy as well as court buildings were set ablaze.

MDP MP for mid-Hithadhoo constituency, Mohamed Rasheed ‘Matrix Mode’ was arrested in the wake of the violence in Addu City on February 8.

The Prosecutor General’s Office last week pressed charges against 21 people accused of damaging state property.

Trials have already begun for 13 people accused of setting the court house in Hulhudhoo ward of Addu City on fire.

The formerly ruling MDP has meanwhile condemned the “false charges” pressed against “elected representatives of the people of Addu City” and a number of citizens as “politically motivated”.

In a statement on Thursday, the party said it believes the charges represented “a deliberate attempt by the regime to destabilise the country ahead of the Commission of National Inquiry’s report into February’s transfer of power, which is due to be published on August 30.”

“Aside from politically motivated legal action, senior members of Dr Waheed’s regime, including Home Minister Mohamed Jameel, have publicly stated that the regime will arrest President Nasheed and ensure he spends the rest of his life in jail. These statements have been made despite the fact that a trial has not taken place, and while the Minister himself has stated that the ‘judiciary seems to be operating in wanton… and needs to increase public confidence,’” the statement read.

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Former state ministers deny allegations in Home Ministry’s audit report

Two former state ministers for home affairs have denied allegations in the ministry’s audit report for 2010 that they were paid salaries for a year without attending the office, with one accusing the Auditor General of political bias.

The audit report released last week stated that the two political appointees were paid salaries and benefits, amounting to over MVR800,000 (US$51,880) from January to December 2010, while one was working at the Presidential Commission and the other at the Maldives Customs Service.

The two political appointees referred to in the report were Sheikh Hussein Rasheed Ahmed, a member of the Presidential Commission, and Mohamed Aswan, former principal collector of customs.

The report found that Aswan was paid January’s salary from both institutions.

“Although the two posts were created for the Ministry of Home Affairs, as the ministry did not receive any service from the two appointees, this office believes that the President’s Office’s creation of the two posts cannot be considered for the need of the ministry,” the report stated.

The audit report contended that the two appointees were paid salaries out of the Home Ministry’s budget in violation of budgetary rules, which had compromised the validity of the ministry’s financial statement.

Mohamed Aswan, presently commissioner general of customs, however issued a press statement on Thursday denying that he was paid salaries from both the Maldives Customs Service and Home Ministry in 2010.

Aswan explained that he was paid January’s salary from both offices due to “an administrative error” caused due to a delay in exchanging official documentation confirming the transfer.

He added that errors in processing salaries and benefits of government employees were commonplace and, once identified, were usually remedied with the necessary changes the following month.

Aswan also noted that the administrative task of paying salaries and benefits for political appointees was a responsibility of the permanent secretary, the highest-ranking civil servant in government offices.

In 2010, Aswan’s press release stated, he was simultaneously working in three government posts but received salaries and benefits only from the Home Ministry, which he did not believe was “against the law.”

In addition to acting head of customs at the time, Aswan was also a member of the Presidential Commission set up by former President Mohamed Nasheed to investigate allegations of embezzlement and misappropriation of state funds by the regime of former President Maumoon Abdul Gayoom.

Aswan was appointed state minister for home affairs in January 2010 to reform the police service following cabinet deliberations.

As a former National Security Service lieutenant, Aswan was the deputy in charge of Maafushi jail when 19-year old inmate Evan Naseem was beaten to death and several inmates shot to death in a subsequent prison riot in September 2003.

In July 2003, Aswan had filed a detailed report on systematic abuse and institutionalised torture in Maafushi jail, warning of “disastrous consequences” if corrective measures were not taken immediately.

“Political bias”

Writing in his personal website, Sheikh Hussein Rasheed Ahmed, former co-chair of the Presidential Commission, meanwhile slammed Auditor General Niyaz Ibrahim for “attempting to discredit the government toppled in a coup d’etat.”

The former president of the Adhaalath Party explained that he was appointed state minister to oversee and expedite investigations into rampant corruption alleged in over 30 audit reports by former Auditor General Ibrahim Naeem as “the relevant authorities were not adequately looking into the cases.”

Rasheed insisted that both he and Aswan attended the home ministry to carry out the tasks they were entrusted with by the President.

“The Presidential Commission was tied to the President’s Office and the Home Ministry,” he wrote. “When the commission completed the investigation stages, we were submitting reports to the President and relevant departments under the Home Ministry. In addition to the President’s Office, we also provided information to the Anti-Corruption Commission.”

Arguing that the current Auditor General made no effort to ascertain the work done by the pair at the Home Ministry, Rasheed accused Niyaz of “working in your own defence” and “trying to please the current government which is in place through a coup d’etat.”

Rasheed said that he sent his monthly attendance records to the President’s Office and kept the Home Minister informed of his work. Moreover, the permanent secretary was notified ahead of official leaves, Rasheed said, adding that “the Auditor General made no effort to obtain any of this information.”

“Are you unwilling to release an audit report on the double pension President Maumoon is taking illegally out of fear over a no-confidence motion [in parliament]?” Rasheed asked.

Rasheed further claimed that Niyaz attempted to intervene in the Presidential Commission’s investigation of the alleged US$800 million illegal oil trade carried out under the chairmanship of MP Abdulla Yameen at the State Trading Organisation (STO).

“Did you not try to get the documents [related to the case] first from the Anti-Corruption Commission?” Rasheed wrote. “When the Presidential Commission refused to provide you with the information, you even visited STO Singapore.”

Following these unsuccessful attempts, Rasheed alleged that Auditor General Niyaz tried to obtain the documents through an audit of the President’s Office and the Presidential Commission, suggesting that the section in the Home Ministry’s audit report concerning his salary was “retaliation” by the Auditor General.

The audit report of the Ministry of Foreign Affairs for 2010 made public in July was similarly slammed by former Foreign Minister Dr Ahmed Shaheed as “politically motivated and phrased to mislead the public.”

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