Commonwealth endorses CNI, MDP claims report “legitimises coup”

Commonwealth Secretary-General Kamalesh Sharma has welcomed the release of the report by the Commission of National Inquiry (CNI), and urged “all concerned to respect the findings of the commission so that, moving forward, all actions and reactions reflect the sense of responsibility and restraint necessary in the best national interest.“

The report, delivered by Singaporean judge G. P. Selvam to President Mohamed Waheed Hassan on the morning of August 30, claimed there was no evidence to support claims by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military.

Regarding the resignation of Nasheed’s member on the Commission Ahmed ‘Gahaa’ Saeed, on the grounds that the commission had failed to consider key evidence, testimonies and phone recordings, Secretary-General Sharma said it “was unfortunate that Mr Saeed felt he must dissociate himself from the findings of the Commission.”

“I commend the members of the commission for the intensive work they did to produce the report. I also note the report identifies a number of important issues that need to be addressed regarding the basic institutions of democratic governance, notably the rule of law and administration of justice, the People’s Majlis (Parliament), and the media. This report provides an opportunity for all stakeholders to reflect calmly and carefully, and find a way forward based on dialogue, consensus and reconciliation.

“The task ahead for all Maldivians must be to strengthen democracy in the Maldives. An atmosphere of peace and public order is essential for that to happen,” Sharma said.

The Secretary-General’s Special Envoy to the Maldives, Sir Donald McKinnon, will shortly return to the country “to explore how the Commonwealth can assist Maldives to move forward in a peaceful and consensual manner, and how democratic institutions can be further strengthened,” he added.

Government now legitimate: Waheed

President Mohamed Waheed Hassan at a press conference declared his presidency “clearly legitimate”, following the report’s release: “It is time to stop questioning the legitimacy of the government. It is time to stop illegal activities and activities that go against generally acceptable social norms,” Waheed said.

“The Commission’s findings are clearly stated. I do not believe there is any room to raise any questions about the transfer of power.”

“Most of my time and that of my colleagues in government have been consumed in finding ways to contain the loss and minimise damage to people and country. With serious harm inflicted on our tourism industry, we had to work in partnership with the industry to find ways to overcome serious challenges. We had to respond to allegations made to discredit the government and its officials. Much work had to be done to explain the truth to the people of the Maldives and members of the international community,” Waheed stated.

“We should now ask ourselves how we have spent the last six months. What have we spent our energy on? How much have we damaged our economy due to the harm inflicted on our main industry? How have we lived as a people with fear in our hearts and no peace in sight? How much suffering have we endured as a people due to actions by some only to further their own interests? The damage to our economy and social fabric within the last six months cannot be easily recovered.”

Waheed further condemned public criticism of Selvam’s integrity, stating that “I would like to highlight that the personal attacks by some against members of the commission, especially the attacks on co-chair Justice Selvam’s character, are not acceptable in a civilised society.”

“May the Almighty Allah bestow upon the people of Maldives a better tomorrow. May Allah keep our country a peace loving nation. May Allah keep this land of ours independent and peaceful forever.”

Following the press statement given by President Waheed, the MDP called on an emergency National Executive Council Meeting in the Dharubaaruge conference hall.

A large number of MDP supporters gathered in and outside of Dharubaaruge after the report was released.

During the meeting, several members condemned the actions of Commission of National Inquiry (CNI) for the release of its “inaccurate” report on the controversial transfer of power that took place on February 7.

MDP Spokesperson MP Imthiyaz Fahmy, speaking at the meeting, said that the people would “forever remember” that what happened on February 7 “was a coup”, and said the party would not stop its calls for a “legitimate government”.

“Remember this: the Maldivian people will as long as they live remember that what happened on February 7 was a coup d’etat. What the CNI did was try to legitimise the coup, but truth will prevail. We will remain determined in our calls for a legitimate government,” Fahmy said.

Another attendee called on members of the party to launch “immediate direct action” and protest against the government until it gave way and held democratic elections.

Former Minister of Environment Mohamed Aslam observed that the CNI’s report implied that “anyone who wishes to become President can become so if they gather the support of the police and military.”

“What we saw was a coup d’etat. If we let such an offence go by without justice, this is a very bad precedent we are setting here, and the MDP will not let that happen. I ask all our members from among the islands to come to Male’ and join us in our cause,” he added.

Outside Dharubaaruge police entered into the amassing crowds, leading to verbal confrontations and some scuffles.

Minivan News observed one young woman being arrested for what nearby protesters alleged was “for taking photos of the police”.

After the confrontations, Special Operations (SO) officers stationed themselves at the two ends of Ameenee Magu in front of Dharubaaruge.

International response

The US State Department also issued a statement on August 30 calling on Maldivians “to respect the findings of the CNI.”

“Now that the commission has released its report we urge all parties to respect those findings, to exercise restraint, obey the rule of law, and continue to express themselves in a peaceful and nonviolent manner,” said State Department Spokesperson Victoria Nuland.

“Now is the time for all parties to work together through dialogue to chart a positive way forward that respects the Maldivian constitution, democratic institutions, human rights, and the will of the Maldivian people,” Nuland said.

India’s Ministry of External Affairs MEA issued a statement ahead of the report’s release saying that it was “essential for all stakeholders to demonstrate a sense of responsibility in respecting the outcome of the Commission’s report, and to express views on the report of the CNI with calm and restraint.”

“Actions that might adversely impact on the atmosphere of peace and tranquility in the Maldives need to be avoided. India hopes that all political parties in the Maldives would take up the issues arising out of the CNI report through a peaceful political dialogue, to make a way forward for resolving the political situation in the country,” the MEA statement read.

UN Secretary-General Ban Ki-Moon also issued a statement saying he “welcomed the start today of high-level political dialogue, and hopes that this leads to national reconciliation and a way of moving forward”, while at the same time expressing “concern at the prospect of renewed political tensions should any side not accept the outcome of the inquiry.”

“The secretary-general calls on the parties to respect the constitution, create a peaceful and transparent environment conducive to dialogue and take steps to strengthen democratic reform and institutions,” the statement read.

The EU meanwhile said it had “taken note of the release of the report of the Commission of National Inquiry on the events surrounding the transfer of power in the Maldives on 7 February.”

“It recalls that all political groupings had previously undertaken to respect the CNI’s findings, although the report would certainly have been controversial whatever the outcome. It is now more than ever essential that genuine efforts be made by all political actors to work together in the interests of the country to ensure that the democratic system is upheld; to allow the normal business of government to continue; and to prepare for free and fair elections, which should be held as soon as possible,” said Michael Mann, spokesperson for EU foreign affairs chief Catherine Ashton.

Next move

Former Foreign Minister to the Maldives and UN Special Rapporteur on Iran, Dr Ahmed Shaheed, said the results of the Commonwealth’s “shoddy” work was “very disappointing”.

“The problem appears to have been simple – they relied on the work of the former three member commission appointed by Waheed, including the timeline, which received no input from the MDP,” he said.

“This is a setback, largely because the MDP was too willing to make concessions to the government in terms of the CNI’s structure. The MDP should not have accepted Shafeeu [as co-chair], shouldn’t have accepted a judge from a specific country, and should have demanded two representatives. In our eagerness to cooperate, we underestimated Waheed’s lack of sincerity,” Dr Shaheed said.

Key witnesses, such as Deputy Leader of the former opposition Progressive Party of the Maldives (PPM), Umar Naseer, refused to attend when summoned.

“This was a commission of inquiry and it places the burden of proof on Nasheed, as if he is the plaintiff,” said Dr Shaheed.

“The report is also very contradictory – it says Nasheed used too much force to try and arrest the police, and then says he should have used the force he was legally allowed to. There is no reference to discontent in the army in any way – evidence that was given [to the commission] by very senior people in the armed forces, and it notes that the Police Act does not refer to ‘mutiny’ by police, which is the same as saying it does not refer to ‘rape’.”

“International members on the commission were not provided access to vital evidence such as CCTV footage from police and army headquarters, or of the MNBC takeover,” Dr Shaheed said. “The draft also  came after the three weeks [Selvam] was on leave, missing interviews which would have provided a different picture.”

“This is what you see when you put the light only in one place – you do not see full picture. The report’s shortcomings are evident in its contradictions. It supports the government’s claims, but does not vindicate what happened. It is very hard to justify what is missing from the report.”

By way of example, Dr Shaheed referred to the Commission’s questioning of Permanent Secretary of the Ministry of Environment, Mr Saleem, over an SMS concerning the distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen.

“The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message,” the report stated.

“He says it didn’t happen and they accept it instantly,” Dr Shaheed challenged.

He  suggested that with the publication of the report, international groups would now “be eager to wash their hands of the Maldives,” – [For example, the Commonwealth is now facing challenges in Gambia].

The MDP would be unwilling to accept the report which would lead to further political turbulence, he predicted.

“This report was the best opportunity to get out of the current situation in a peaceful manner. It is a huge disappointment that will come at great cost to the Maldives,” Dr Shaheed said. “As written, the report endorses direct action and sets a precedent that anyone can overthrow the legitimate government.”

“The report speaks of the need to build institutions, but it condones the violent overthrow of the government which does not set the stage for peaceful reconstruction. This is a setback, but they cannot use a report of this nature to paper over what happened. The MDP is rightly outraged, and we will soon see the true nature of the regime. There are very turbulent times ahead.”

President’s Office Spokesperson Abbas Adil Riza dismissed the MDP’s allegations that the CNI failed to consider key evidence, including phone calls and testimonies – allegations that led Nasheed’s representative on the commission to resign, and the party to challenge its credibility.

“The Commonwealth and UN observers, as well as the members and Judge Selvam, did not agree with Saeed on that point. They said all evidence was taken into account, and the report was compiled according to formal structures they organised,” Riza said.

“The observers met with president and conveyed the message that whatever formalities were performed was international best practice,” he said.

“The government has always maintained its stand that Nasheed will not accept the report or its outcomes, whatever they may be. Nasheed made an agreement with Mckinnon to accept the outcome, whatever the outcome was. Even though he removed his representation, it is already done.”

Likes(0)Dislikes(0)

Tensions increase as MDP slams CNI outcome

A strong police presence is building around parts of Male’ as opposition Maldivian Democratic Party (MDP) supporters gather at the Usfasgandu protest area and the nearby Dharubaaruge conference centre for a meeting of its national congress this afternoon.

Tension has risen over the last 24 hours in the build up to the release of the Commission of National Inquiry (CNI) report investigating the controversial transfer of power on February 7.  The events brought President Mohamed Waheed Hassan to power.

The findings, unveiled by President Waheed this morning, stated that the change of government was “legal and constitutional”, and the events of February 6 and 7 “were, in large measure, reactions to the actions of President Nasheed.”

The report has been “welcomed” by the Commonwealth, which has called for continued dialogue to find “consensus” on a way forward for the country’s political parties.

However, the MDP has maintained that the government of former President Mohamed Nasheed was removed from office illegitimately.

MDP Spokesperson MP Imthiyaz Fahmy today claimed that the people would forever remember that what happened on February 7 was “a coup” and that the party will not stop their calls for a legitimate government.

“Remember this, the Maldivian people will as long as they live will remember that what happened on February 7 was a coup d’etat. What the CNI did was legitimise the coup, but truth will prevail. We will remain determined in our calls for a legitimate government,” Fahmy said.

Former Minister of Environment Mohamed Aslam claimed that the actions of the CNI implied that anyone “who wished to become president or to come to power” can now become so “if they gather the support of the police and military”

“What we saw was a coup d’etat. If we let such an offence go by without justice, this is a very bad precedent we are setting here, and MDP will not let that happen. I ask all our members, among the islands to come to Male’ and join us in our cause,” he added.

Government-aligned politicians such as Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali have said that while not everyone will agree on the CNI findings, “finality” was now needed on the issue of the transfer of power in order to begin addressing wider political concerns in the country.

Meanwhile, Maldives National Defence Force (MNDF) has issued a statement stating that the findings were a comfort to the institution’s officers and families.

The decision that the transfer of government went according to the constitution by an independent commission was seen as proving accusations against the MNDF were wrong, the military contended.  The statement added the the findings brought courage and confidence to maintain its “important national service”.

Minivan News this morning observed police Special Operations (SO) officers stationed at the two ends of Ameenee Magu in front of Dharubaaruge. The gatherings have so far in general remained peaceful, with police not attempting to disperse the crowds.

Police today expressed concern that the MDP was deciding to take to the streets and announced that 21 persons had been arrested in the last 24 hours.

LIVE UPDATES – refresh this page:

16:52 – Local newspaper Haveeru has reported that the Maldives Police Service (MDP) has sent a summons to Former Defense Advisor Ameen Faisal.

17:00 – Police Sub-Inspector Hassan Haneef has confirmed that a chit was sent to Ameen Faisal. According to Haneef, Faisal has been asked to present himself to the police headquarters at 9pm tommorow (August 31).

Haneef did specify on what grounds Faisal was being summoned.

17:04 – “People are losing their tempers and leaving the Dharubaaruge conference centre in droves,” reports Minivan News’  Daniel Bosley.

“If we are just going to talk, we should go home,” a male participant at the national congress is observed shouting.

17:14 – The Maldives Police Service website has claimed two suspects had been taken into custody at 16:30 this afternoon after reportedly being found attempting to set fire to a waste disposal site (Kunigondu).  Items have been seized from the suspects.  There was no confirmation if their alleged actions were politically motivated.

17:19 – The MDP national congress had ended without resolution.  Former Environment Minister Mohamed Aslam asked attendees inside shortly before the meeting’s end if they would prefer to go out into streets or continue the meeting, Minivan News observed.

17:24 – Former President Mohamed Nasheed has not been observed at the congress today. MDP MP and Spokesperson Hamid Abdul Ghafoor has said ahead of a proposed march later today: “Nasheed is always seen as a cult leader.   This is a good opportunity to test the party’s strength without just following him.”

17:29 – Minivan News has observed between 200 to 300 MDP supporters setting out to reach Chaandhanee Magu junction.  However their progress has been blocked by a truck carrying police officers.  The supporters are now believed to be heading towards the parliament.

17:35 – Local newspaper Haveeru has reported that group of MDP protesters have been split into different groups after being blocked by police.

17:42 – Local media has said that protesters have now reached the Chaandhanee Magu junction.

17:59 – Local media has reported Police and MNDF officers are now chasing protesters at Chandhanee Magu. According to Haveeru, eight people have been arrested – six male, two female.

18:09 – Sun Online has reported police have confirmed the arrest of 10 people during ongoing protests. The demonstrators are said to have been charged for obstructing police in their duties.

18:24 – Speaking to Minivan News today, Ahmed Thasmeen Ali , Leader of the government-aligned Dhivehi Rayyithunge Party (DRP) has said he believes talks scheduled to take place at the Bandos Island Resort and Spa this evening are still happening.

“To the best of my knowledge the talks are still taking place. I plan to take part myself,” he said.

Following the findings of the CNI report this morning, Thasmeen contended that the focus of the talks, which had previously outlined an agenda including discussions on potentially scheduling early elections for this year “should now change”.

“There had previously been serious contention over the transfer of power. At this point we had been willing to discuss early elections. I think these questions have now been answered [with the CNI report]. It is now time for national reconciliation,” he said.

Thasmeen added that he believed the talks would no longer focus on agreeing a date for early elections, which President Waheed has previously said under the constitution can be scheduled for July 2013.

“I think it should be possible to move on and try finding common platforms for agreement,” he said.

Thasmeen pointed to issues of alleged politicisation within the police as a concern that could be discussed.

“During the previous government I had made allegations about [former President] Nasheed’s attempts to use the police force as a political tool,” he said. “If Nasheed is also making similar accusations now, then we can look at this issue before the next elections.”

18:33 – MDP Spokesperson Hamid Abdul Ghafoor has said that party Chairperson Reeko Moosa is expected to be in attendance at the talks scheduled for Bandos Island Resort and Spa.

“He won’t have much to say as the MDP has decided to not accept the report released by CoNI,” Ghafoor contended.

The President’s Office had specifically invited the MDP chair, the party has claimed.

Ghafoor also questioned whether “constructive discussion” will be possible during the talks.

18:59 – The Maldives Police Service website has said that a group of people accused of creating unrest at today’s protests have been arrested in an raid at the Usfasgandu area.

19:08 – Police Spokesperson Sub-Inspector Hassan Haneef, when asked for clarification on the activities of protesters charged with obstructing police duty today, has referred Minivan News to the live updates section of the Maldives Police Service website (English) (Dhivehi).

“It will be quite clear from there,” Haneef responded.

20:04 – According to official police figures, 50 people have been arrested this afternoon.  All were arrested on the charge of obstructing officers in performing their duty.  Of those arrested, seven are said to be females, with one suspect identified as a minor.

Police have also confirmed that a man was stabbed in Addu City at 17:00 this evening.  He is currently being treated at Hithadhoo Regional Hospital – no political motivation was mentioned by authorities.

Suspected MDP protesters have also been accused of vandalising the attorney general’s car and removing the flag attached to the vehicle at 18:55 this evening, police have said.

20:15 – Minister of State for Home Affairs Mohamed Fayaz has told Minivan News that fears of potential unrest occurring in the country’s prisons following the release of the CNI report has not been realised.

Fayaz, who also serves as Head of the Department of Penitentiary and Rehabilitation Service (DPRS), alleged in local media earlier this week that communications between political figures and inmates had been facilitated through mobile phones smuggled into prisons to try and create unrest.

“Military fire capacity and police backup will be available on that day,” he was quoted as telling Sun Online at the time in the case of any incidents.

20:47 – Organisations including the Commonwealth, US, India, UN call for the CNI’s report outcome to be respected in light of its publication today, Minivan News has reported.

21:15 – The European Union has announced it has taken note of the release of the CNI report and the events surrounding the controversial transfer of power on February 7.

“[The EU] recalls that all political groupings had previously undertaken to respect the CNI’s findings, although the report would certainly have been controversial whatever the outcome,” said Michael Mann, Chief Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy.

“It is now more than ever essential that genuine efforts be made by all political actors to work together in the interests of the country to ensure that the democratic system is upheld; to allow the normal business of government to continue; and to prepare for free and fair elections, which should be held as soon as possible.”

22:00Haveeru has reported that the government has called for the Commonwealth Ministerial Action Group (CMAG) to remove the Maldives from it agenda.

The Maldives was placed on CMAG’s agenda back in February after the Commonwealth called called for a “formal” independent and impartial investigation, with the involvement of international partners, to ascertain the details behind the controversial transfer of power earlier in the month.

The decision meant the Maldives would no longer be able to participate in CMAG while it remained on the Commonwealth’s watch list.

However, with the publication of the CNI’s report today, State Foreign Minister Dunya Maumoon told local media that the government now called to be removed from the CMAG agenda immediately as a result of the findings.

“We believe that it was set on the agenda in an inappropriate manner. Several accusations and lies were directed towards the Maldives. The Maldives was included in the CMAG’s agenda through the influence of personal connections of certain individuals,” she was quoted as saying in Haveeru.

The report quoted Dunyaas saying that the CNI’s findings had backed the government’s claims that it had been brought to power under constitutional means.

“So now we know that this is a constitutional government. We don’t have to face any more accusations. It has all been cleared,” she said.

22:15 – Police Spokesperson Sub-Inspector Hassan Haneef has said police are advising people not to walk the streets in groups of more than three people.

Haneef added that groups larger than three would face being stopped and questioned by officers as part of an ongoing special operation police have said was introduced to reduce the chances of violent unrest in the country around the CNI report release.

“We have continued to advise people not to go out and commit unlawful acts,” he said.

00:39 – Police claim 13 people have been taken into custody for creating unrest. A minor is said to be among the suspects.

Likes(0)Dislikes(0)

No coup, no duress, no mutiny: CNI report

The Commission of National Inquiry (CNI) has released its report into the circumstances surrounding the controversial resignation of former President Mohamed Nasheed and the transfer of power on February 7.

The CNI was initially a three member panel (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and chairman Ismail Shafeeu), formed by incoming President Mohamed Waheed Hassan to examine the circumstances surrounding his own succession to the Presidency.

Nasheed and the ousted Maldivian Democratic Party (MDP) have maintained that the former President’s resignation took place under duress during a police and military mutiny, and that Dr Waheed’s government was illegitimate.

The MDP and the Commonwealth subsequently challenged the impartiality of the CNI, and it was reformed to include retired Singaporean judge G. P. Selvam and a representative of Nasheed’s, Ahmed ‘Gahaa’ Saeed.

Retired Court of Appeal judge from New Zealand, Sir Bruce Robertson, and Canadian UN Legal Advisor Professor John Packer, were appointed as international advisers representing the Commonwealth and UN respectively.

Nasheed’s representative Saeed resigned from the CNI on the evening of August 29, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

The investigation did not consider the police crackdown on demonstrators on February 8, focusing largely on the events of February 6-7.

Report findings

According to the published report, which was delivered by Selvam to President Waheed on Thursday morning, the change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed.”

“The resignation of President Nasheed was voluntary and of his own free will. It was not caused by any illegal coercion or intimidation,” the report claimed.

In addition, “There were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

The report dismissed the MDP’s allegations that the government’s ousting was a ‘coup d’état’, stating that the Constitution “was precisely followed as prescribed.”

“There appears nothing contestable in constitutional terms under the generic notion of a ‘coup d’état’ that is alleged to have occurred – quite to the contrary, in fact,” the report claimed.

“In terms of the democratic intent and legitimacy of the authority of the Presidency, as foreseen in the Constitution, President Waheed properly succeeded President Nasheed.”

“As President Nasheed clearly resigned and now challenges the voluntariness and legitimacy of his action, the onus is on him to establish illegal coercion or unlawful intimidation.”

Witnesses “lying”

In the course of its work the CNI interviewed 293 witnesses, 15 on multiple occasions. It also reviewed documentary evidence.

“The Commission notes that in many disputes, there can be difficulty in getting to what actually historically occurred as opposed to what an individual now honestly and sincerely believes to have happened,” the CNI report stated.

“Many people have heavy commitments to certain positions and on occasion their recollections were simply wrong. They had a recall that could not be correct when viewed alongside videos, photographs and other evidence. It is unhelpful to call this ‘lying’ but it must be allowed for as conclusions are sought,” it noted.

“Many people seem to think that because an allegation has been made, someone is under an obligation to counter or undermine it. When the allegation lacks substance or reality, nothing is required in response.”

The timeline produced by the three member panel meanwhile faced “virtually no challenge of substance”, and the reformed commission “affirms its own reliance on the timeline.”

Definitions: Not a coup, not under duress, not a mutiny

Regarding Nasheed’s allegation that his resignation was under duress, the report stated that “because of the seriousness of the charge, [the] person who alleges illegal duress or intimidation carries the legal burden as well as the evidentiary burden of proof.”

“It is an inevitable conclusion of the totality of the credible evidence that the only available firearms which were anywhere near the President between 4.37 am and 1:30 pm on 7 February 2012 were those which were carried by his SPG [bodyguards]. There is no evidence to suggest that the arms in possession of the SPG were a threat to him,” the report stated, in its conclusion.

“The Commission does not accept that his activities were closely monitored or that the military or the three civilians were issuing orders. Even if they had been, that does not signify coercion.”

The report dismissed claims by former Foreign Minister Ahmed Naseem that Brigader General Ahmed Shiyam was armed with a pistol in the company of Nasheed.

“Yet another witness, the Minister of Tourism in President Nasheed’s government, Maryam Zulfa, said that it was Riyaz who had a gun. This was because according to her there was a bulge in the pant pocket of Riyaz,” the report stated.

“The Commission is forced to conclude that this is evidence which although it may be the presently-held view of those people, is so inconsistent with the totality of the material that it cannot be relied upon.”

“All the credible evidence showed that neither [retired Colonel] Nazim, nor anyone else, delivered the threat alleged by President Nasheed.”

The report noted that coercion “as a result of unlawful activities by other people was a constant theme from many witnesses.”

“Because illegal or unlawful acts or omissions were going on in the community, it seemed to be the view of a number of witnesses that this had the effect of coercing the President to resign. The Commission does not comment on the allegations of such activities because they are not within our mandate but there is clear and unequivocal evidence before us that there are serious allegations of wrongdoing by the military, the police and private citizens. For the Maldives to move forward, these matters must be addressed.

“However, the Commission is unable to see how it can be contended that such wrongdoings perpetrated upon others can be said to have any coercive effect upon the President.”

“Indeed, until the time of his resignation, President Nasheed possessed of many powers under the Constitution that he could have utilized including the lawful use of force. He chose not to.

“That decision may be classified as praiseworthy, but he cannot now contend that because he made those choices, that he was ‘forced’ into resigning because of what others were doing around him,” the report stated.

Definition of a coup

The report also reviewed several definitions of the term “coup d’état”.

The World Book definition, “a sudden take-over of a country’s government by a group of conspirators. Usually, the conspirators are public officials who infiltrate and then use their country’s armed forces, police, and communications to seize power”, was rejected in favour of “whenever the legal order of a community is nullified and replaced by a new order in an illegitimate way, that is in a way not prescribed by the first order itself.”

The report also defined the word “mutiny” as “under the law of the Maldives an internal matter within the military. Its aim is not to remove the President from office or to overthrow the government.”

As for the police, “The Maldives Police Act 2008 does not contain the offence of mutiny by police. So the offence of mutiny is confined to the military. Any illegal subordination by a policeman would be an internal matter subject to disciplinary proceedings.”

CNI conclusions

Nasheed provided the commission with a “with a list of some 67 names, whose bank accounts and telephone logs he requested be scrutinised. These allegations were unsupported by any evidence,” the report stated.

“All sorts of allegations were made against Retired Colonel Nazim on how he purportedly stalked President Nasheed, controlled his movements and dictated what he should say. Nazim, it was said, even wanted the pen used by President Nasheed to write his resignation. There was ample credible evidence rebutting these false allegations.

“Such allegations are very easy to make and some naively suggested that if the Commission trolled through scores of bank accounts, telephone records, SMS logs and intelligence reports, all would be revealed.

“The Commission lacks the ability to do so comprehensively, although when it made specific requests in individual cases, information was provided and revealed nothing of consequence.

“Aslam, while appearing before the Commission, read about an SMS attributed to Mr Saleem, the Permanent Secretary of the Ministry of Environment. The SMS spoke of a distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen. The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message.”

“After hearing him, the Commission would not invade and investigate the privacy and personal affairs of all and sundry as desired by President Nasheed and his aides in the absence of minimally credible supporting evidence,” the report said.

“A coup d’état required positive action against President Nasheed. Non-action and inaction cannot constitute a coup d’état. Moreover, the Constitution does not call for loyalty of anyone to the President. It calls for the loyalty to the Constitution.

“In sum, the Commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The Commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission.”

Read the full report

Likes(0)Dislikes(0)