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Court extends detention of seven arrested in anti-government protest

The police yesterday summoned 22 people arrested in the Maldivian Democratic Party (MDP) protest on Sunday night to the Criminal Court. Fifteen persons were released under conditions and seven were given up to 10 days in pre-trial detention.

The protests erupted in response to the decision by Dr Mohamed Waheed to remain in the position of president after his constitutional term ended at midnight.

In a statement, police said that the 23 persons were arrested on charges of objecting to police orders, obstructing police duty, breaking police lines, and throwing objects such as stones and water bottles at police officers trying to control the protest.

Police said that 19 men and four women were arrested in the protest, with one woman being released without having been summoned to the court.

In the statement, police accused protesters of vandalising a traffic light on Sosun Magu and destroying a security camera in the Roashanee building.

Police said that the protesters threw stones and water bottles at police officers in the area close to where journalists were covering the protest.

It was also reported that protesters set ablaze a barricade on Sosun Magu and stopped two public buses, jumping into the bus, assaulting the driver and attempted to overturn the vehicle.

Police said a journalist was injured in the protest after being hit by an object thrown by the protesters. He was subsequently treated at ADK hospital and was released the same night.

On October 21, Waheed has said he did not want to stay on as president when his term expired.

“It is not in the best interest of this country if there is no elected president when the current presidential term ends on November 10. I do not want to stay in this position even a day beyond November 11,” Waheed told the press that time.

The Supreme Court verdict, which annulled the first round of election held on September 7, also said Waheed’s government should continue past November 11 if there is no president elect.

The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) have pledged their support to Waheed staying on, but former president and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

Minivan News understands that defence chiefs arrived at the President’s Office prior to Waheed’s address to the nation, initially scheduled for 10:30pm on Sunday. The address was delayed an hour, before Waheed appeared and said he would resign on November 16, the date scheduled for the delayed run-off vote.

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Waheed’s “unprecedented” decision to stay “has endangered the Maldivian people’s right to elect a leader of their choice”: US

The US government has said it is deeply concerned by President Mohamed Waheed’s “unprecedented decision” to remain in power past the mandate of his presidency, which expired on November 10.

“This action has endangered the Maldivian people’s right to elect a leader of their choice,” stated the US Embassy in Colombo.

“The democratic process must be supported by quickly concluding a free, fair, transparent and inclusive runoff election that results in the prompt inauguration of the new president. In the lead up to the November 16 second round vote, it is important to avoid violence and for the police and military to show restraint and respect the human rights of all Maldivian citizens,” the US Embassy stated.

Cabinet ministers revealed yesterday that Waheed had arrived at the President’s Office late on Sunday evening prepared to resign and hand over power to the Speaker of Parliament, as stipulated by Article 124 of the constitution, but claimed to have convinced him otherwise. His Vice President, Waheed Deen, had resigned that morning.

Minivan News understands that defence chiefs arrived at the President’s Office prior to Waheed’s address to the nation, initially scheduled for 10:30pm on Sunday. The address was delayed an hour, before Waheed appeared and said he would resign on November 16, the date scheduled for the delayed run-off vote.

“Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty,” Waheed claimed.

After making the statement, Waheed and his wife were escorted off Male to the presidential retreat of Aarah, as violent protests erupted in the capital.

Canadian Minister of Foreign Affairs Minister John Baird slammed the Supreme Court’s “disappointing” decision to delay the run-off vote until after the expiry of the presidential term, which he said “undermines both the Maldives’ constitution and the people’s faith in elections.”

“The term of the current government has now expired without a newly elected government to replace it. This is the case despite two free and fair elections over the last two months,” Baird remarked.

Transparency Maldives echoed these concerns, stating it was “deeply concerned that the people of the Maldives have been denied the right to elect a President before the constitutional five-year term of the incumbent government expired on 11 November 2013.”

Transparency conducted the largest election observation with 400 observers across the country and at overseas polling booths, and praised the Elections Commission’s conduct of the revote on November 9 as peaceful, credible and “well-administered despite challenges.”

Terming the Maldive’s current situation a “constitutional crisis”, Transparency said it was “regrettable that political actors failed to find a democratically inclusive solution to the constitutional crisis that respects the spirit of the Constitution. The spirit of the Constitution reflects the basic democratic principle that state power must always lie with the people and their elected representatives.”

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MPs vandalise Speaker’s Office

MPs belonging to the government aligned Progressive Party of the Maldives (PPM) and Dhivehi Qaumee Party (DQP), and one MP of the opposition Maldivian Democratic Party (MDP), trashed People’s Majlis Speaker Abdulla Shahid’s office this afternoon.

According to Majlis secretariat staff who witnessed the scene, the MPs led by DQP MP Riyaz Rasheed and MDP MP Abdulla Jabir first shattered a picture frame and broke the name board outside the Speaker’s office. They then broke through the security system on the door, entered the office, damaged furniture and a laptop on the Speaker’s table.

Shahid was not present in the office at the time.

In addition to Riyaz and Jabir, PPM MPs Ahmed Amir, Ali Arif, Thimarafushi,Ahmed Shareef, Ahmed Saleem, and Mohamed Rafeeq Hassan participated in the vandalism, the secretariat staff said.

The attack comes after the Majlis’ Sergeant at Arms Mohamed Haleem told Housing Minister Mohamed Muizz to leave the parliament building. Muizz had come to the Majlis to attend the parliament’s Finance Committee, of which Jabir is the chair.

The Majlis secretariat issued a statement today saying those summoned to the Finance Committee had been summoned in violation of the parliamentary committee procedures and hence had been asked to leave.

Jabir was the only MP who had attended the Finance Committee. He had summoned the entire cabinet to the committee, but Muizz was the only minister who had attended.

According to parliament regulations, the majority of a committee must agree to summon any individual to a committee. But such a motion was not passed by the Finance Committee.

According to local media, after Muizz was sent away, Jabir called and threatened Shahid that he would remove him from the position of Majlis Speaker.

“If you challenge me and do things that way, today will end very badly,” Jabir told Shahid, local newspaper Sun has reported.

Jabir is currently facing criminal charges for possessing and consuming alcohol. If found guilty, he may lose his seat.

The attack comes on the day of the end of the current presidential term. The Majlis in October passed a resolution authorising the Speaker to assume the presidency in the absence of a president elect.

However, the Supreme Court on Saturday struck down the motion and has declared President Dr Mohamed Waheed Hassan’s administration will continue until a new president is elected.

Waheed has declared he will continue in his position until the second round of presidential elections are held on November 16.

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Maldives police, thugs clash with pro-democracy protesters

Riot police, protesters and thugs brutally clashed during demonstrations last night, after President Mohamed Waheed declared he would stay in power beyond the conclusion of his presidential term.

Waheed’s decision half an hour before the expiry of his term prompted people to take to the streets in Male’.

While the majority of protesters were Maldivian Democratic Party (MDP) supporters, other political parties were also demonstrating to demand the constitution be upheld and Shahid be sworn in as president, a protest participant told Minivan News.

The Supreme Court on November 9 upheld its earlier ruling from October 7 stating that Waheed could remain in power past the conclusion of his term on November 11, dismissing a parliament resolution passed last week demanding the installment of the speaker after the expiry of the term.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, had previously declared that he had no intention of remaining in power “even a day after November 11”.

Prior to Waheed’s announcement, Minivan News observed large numbers of riot police assembling in Republic Square. Following Waheed’s declaration to remain in power protests immediately erupted in Male’.

About 100 protesters on foot and motorcycles had gathered in front of police barricades near Majeedia School on Sosun Magu by 11:45pm (November 10), continuously blasting vehicle horns and shouting at the Maldives Police Service (MPS), calling for Shahid to assume the presidency.

After the protesters moved the police barricades and began walking toward the People’s Majlis (Parliament), Special Operations (SO) police responded forcibly, hauling individuals from the crowd into custody, while aggressively forcing protesters back toward Sosun Magu.

Minivan News witnessed SO police pushing two young Maldivian women as well as a female Chinese photographer to clear the intersection.

Meanwhile a group of at least six police officers surrounded a male protester who was retreating back toward Sosun Magu, brutally beat him with their batons and pepper-sprayed his face at point blank range, before taking the man into custody. Another male protester on a motorcycle – who was in the process of turning to head back toward Sosun Magu – was hauled off his bike and beaten by multiple police officers.

Multiple protesters warned Minivan News to be cautious of “drunken thugs” dispersed among the crowd in a bid to incite violence.

A number of protesters alleged that the Progressive Party of Maldives (PPM) had hired gang members to act aggressive and violent, to prompt police to crackdown on the demonstrators.

“Everyone says this will continue until [former 30-year autocratic ruler] Maumoon Gayoom dies. He has too much money, power and influence. He does not want to let go,” 28 year-old Ahmed lamented. “And his corrupted family web have tentacles in everything.”

“The mafia keeps holding on to power. Today is a black day because we are going to crush down our own constitution,” said 27 year-old Saeed.

Shortly after being forced from the intersection, demonstrators surrounded and temporarily hijacked two city buses, pushed them toward the intersection and attempted to tip them over. Large stones were then hurled toward the riot police before they charged the crowd and arrested more people.

By approximately 2:00am the crowd had swelled to around 1000, who were primarily gathered near the intersection as well as scattered down the length of Sosun Magu.

Over 250 SO riot police were present and made multiple incursions into the crowd, charging demonstrators before dragging them away into custody. Some protesters near the police line were throwing stones, making a blockade with bicycles, and removing police barricades. However the vast majority were demonstrating peacefully, with a few sitting down in front of the barricades.

During one particularly violent ‘snatch and grab’ operation around 2:30am, Minivan News heard a small explosion before riot police stormed into the demonstration.

SO officers proceeded to rip the clothes off of a middle-aged man while arresting him. The protester had to hold his ‘mundu’ (traditional sarong) with one hand while being led away to prevent being undressed..

Minivan News also witnessed police hitting and trying to drag into custody a former Province Minister who was peaceably protesting; ultimately he was not arrested.

A group of riot police then began shoving photographers and journalists down the sidewalk, in addition to forcing protesters further south down Sosun Magu. The police line moved aggressively and a group of about 20 people were forced to seek refuge in an alley to prevent being trampled or injured.

Minivan News was repeatedly told by the Maldives Police Service (MPS) to stay behind police lines or be treated as a protester and risk injury. A photographer for local media outlet Haveeru sustained a head injury while reporting on the demonstration.

Additionally local media outlet Raajje TV claimed to have witnessed police leading away man by the groin.

“They are arresting him so they can go rape him,” two female protesters shouted at the SO as the man was being led away.

Police also grabbed a female protester’s buttocks and were beating old ladies on the side of the road, a protester alleged to Minivan News.

As the police crackdown grew more violent, the protesters’ response escalated, with more individuals throwing stones, while a few set fire to a barricade.

The demonstrators began chanting “money money SO”, and yelling insults at the riot police.

“What is the point in peacefully protesting? That’s what we’ve been doing since the February [2012] coup and nothing has changed,” said a 26 year-old protester.

“Every time [we protest] it’s like a flash of light which enlightens the whole country and then the light goes off for another week or more. It’s been like that since last February. People are feeling hopeless,” he continued.

“We just have a new dictator baghee [‘traitor’] Waheed; he’s Maumoon’s puppet,” he added.

Meanwhile a young boy, who appeared to be about eight years-old, showed Minivan News two stones that he indicated he was going to throw at the riot police. Shortly after, Minivan News learned the boy had been punched in the face and his bloody nose was being tended to by a half-dozen female protesters.

“This is nothing new. The security services have been acting this violent since Maumoon’s time. At least now you can talk about him without being jailed and tortured,” a former political prisoner and torture victim told Minivan News on condition of anonymity.

By 3:30am the crowd had thinned to around 200 protesters, at which point Minivan News witnessed a group of around six men that appeared to be in their 20’s arrived on motorcycles. The group proceeded to surround an MDP protester, forced him against the wall of a building, violently beat and attempted to stab the man with a large kitchen knife.

Police did not respond to the situation for several minutes – despite observing the attack – and eventually proceeded to take the victim into custody.

“Earlier the victim had been throwing stones at police,” an eyewitness told Minivan News. “I saw a police officer pick up the knife [after the attack], but they did not go after the thugs.”

“These gangsters were probably told who to target by the SO,” he alleged.

It is unclear whether the suspected attacker was taken into police custody or led away and then released, as there were conflicting eyewitness accounts.

SO police then proceeded to form a line and forced the remaining protesters and journalists to clear the area.

“There’s no law here according to the Supreme Court, President and police,” said a 27 year-old protester. “It’s a mafia state run by Maumoon and [PPM Presidential Candidate Abdulla] Yameen.”

Minivan News witnessed police arrest more than 25 individuals throughout the course of the protest.

As of 5:00am, one individual had been admitted for a minor head injury sustained in a fight, an Indira Gandhi Memorial Hospital (IGMH) official told Minivan News.

While ADK Hospital told Minivan News that one person was in the emergency room, but could not specify the type of injury.

Police report

Minivan News called Police Spokesperson Chief Inspector Hassan Haneef today (November 11), who requested he be contacted via the police media line instead of his personal number.

Upon doing so, the officer who answered stated the call had been misdirected to the wrong line and requested Minivan News redial the police media line. After repeatedly redialing the police media line there was no response.

The MPS ran a live blog throughout last night’s protest that stated 24 individuals had been arrested.

23:58: A protester has thrown a stone at and injured a police officer.
00:38: A protester threw a rock that hit and injured a journalist. We have received information that he is being treated at ADK hospital.
00:49: Protesters on Sosun Magu are from time to time throwing rocks at police.
00:49: Police have detained an individual for breaking through police barricades.
00:58: Police have detained 6 individuals, including a woman, for breaking through police barricades.
01:05: Some individuals among the protesters on Sosun Magu have vandalized the traffic lights at Sosun Magu/Majeedhiyya School junction.
01:55: A device that appears to be a molotov cocktail exploded in front of the Naadhee Building on Sosun Magu.
01:59: Police have arrested 6 people for obstructing police duty.
02:05: Police have arrested four individuals for crossing police barricades and obstructing police duty.
02:08: Individuals among the protesters on Sosun Magu have kicked down some bicycles on Sosun Magu.
02:18: Police barricades have been torched.
02:19: We have received reports that protesters are from time to time throw rocks and bottles at the media personnel.
02:20: Police have doused the torched police barricades.
02:24: Police are trying to set back the protesters at Roashanee Building on Sosun Magu.
03:21: Police have detained three women who broke through police barricades.
03:31: Police have started to push back the protesters in front of Majeedhiyya School on Sosun Magu.
03:38: Police have arrested four individuals for disobedience to order as they push back protesters.
04:00: Protesters have voluntarily left the area.

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Waheed arrived at President’s Office with resignation statement but we advised him to stay, say ministers

Minister of Tourism Ahmed Adheeb and Acting Foreign Minister Mariyam Shakeela have said the cabinet advised President Dr Mohamed Waheed Hassan to stay on after the end of the presidential term at midnight on November 11 and despite international pressure to hand over the presidency to People’s Majlis Speaker.

Waheed gave a televised statement last night declaring he will stay in power beyond the conclusion of his presidential term, but will resign on the day of the presidential run off on November 16. His deputy Waheed Deen resigned yesterday morning.

Speaking to the press at noon at the President’s Office, Adheeb said Waheed’s decision to continue with the presidency “is the strongest, most courageous decisions taken in the history of this country.”

Majlis Speaker Abdulla Shahid has meanwhile sent a letter to Waheed informing him that he was no longer in command of the country and could only extend his term by amending Article 107 of the constitution, which limits a presidential term to five years.

The Majlis with the backing of 39 MPs approved a resolution for the Speaker to assume the presidency in the absence of a president elect on November 11. The government-aligned Progressive Party of the Maldives and Jumhoree Party boycotted the vote

The Supreme Court on Saturday struck down the motion and ruled that Waheed’s administration will continue until a new president is determined.

The Commonwealth Secretary-General’s Special Envoy to the Maldives Sir Donald McKinnon has also expressed “dismay” at Waheed’s decision to remain in office “against the letter and spirit of the constitution.”

Shakeela said Waheed had arrived at the President’s Office last night with two statements, one of which stated his resignation. However, the cabinet had advised him to stay on to keep the country from descending into “chaos and a constitutional void.”

“There was a lot of international pressure yesterday and a lot of quick decisions had to be taken. There were a lot of proposals up until the moment the president gave his statement,” Shakeela said.

One of the proposals included the Speaker assuming the presidency on conditions such as the international community guaranteeing the ensure safety of all cabinet members and their families. But Waheed’s final decision was of his own volition, the ministers said.

“The next four days is not the time to let the country descend into a void and chaos. Especially given the Supreme Court’s verdict. Actually, we did not pressure the president. We told him we remain steadfast with him,” Adheeb stated.

Waheed is currently on presidential retreat island Aarah and will come to the President’s Office only if needed, the ministers said. Over the next four days, the government will only carry out day-to-day operational tasks and will not start any new projects.

Adheeb accused the Shahid of committing “mini coups” through the Majlis and said the Speaker had attempted to overtake the presidency with international backing.

Arguing that the Supreme Court is the final arbiter of the constitution, and since the constitution did not envision a situation where a president-elect is not determined at the end of a presidential term, Adheeb claimed the Supreme Court’s rulings take precedence over any Majlis decision.

Adheeb said the Maldivian Democratic Party’s (MDP) – which emerged the front-runner in Saturday’s presidential polls with 46.93 percent of the vote – was scared to contest elections after Saturday’s results. Elections that had taken place under Waheed had been free and fair, he said.

The PPM has assured Waheed in writing that they will not delay run off elections on November 16, Adheeb said. Adheeb is one of the four Vice Presidents of the PPM, which gained 29.73 percent of the vote.

Adheeb alleged former President Mohamed Nasheed had left the Maldives on the verge of bankruptcy, and Waheed had returned it to “safe shores”.

“We brought this country this far, to these shores, from a state of bankruptcy. I am not saying we have solved everything. We did not have the time. But we have taken it in the right direction,” he claimed.

Finance Minister Abdulla Jihad told parliament just last week that tourism growth had flat-lined due to “political turmoil”, declining 0.1 percent in 2012 after years of double figure growth, while political instability meant outside banks had stop lending to the Maldives at rates less than 11 percent, forcing the government to draw on dwindling central bank reserves.

At the same time the State Trading Organisation (STO) warned that the Maldives was imminently about to run out of oil unless it was immediately bailed out with US$20 million to pay debtors.

The Maldives Monetary Authority Governor Fazeel Najeeb reported that the Maldives was on the verge of having to print money to pay its recurrent expenditure.

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Police deny arresting MNDF Brigadier General Ahmed Nilam: “Just questions”

Police last night summoned Maldives National Defence Force (MNDF) Brigadier General Ahmed Nilam for questioning, shortly before President Waheed announced his decision to remain in power until November 16.

A poilce spokesperson told Minivan News that Nilam was not arrested and was only brought in for questioning over an ongoing investigation.

He denied reports on social media that Nilam had been taken to Dhoonidhoo police custodial.

He also said that police would not like to disclose further information about the investigation and declined to say what it investigation was about.

According to police, Nilam was released after a few questions.

Brigadier General Nilam was suspended from military services in January this year and the MNDF has not told the media why he was suspended.

Local media reports have suggested the sudden decision to detain him last night was related to his comments to a parliamentary committee regarding the controversial transfer of power in February 2012.

In his testimony to the Government Oversight Committee on January 9, 2012, Brigadier General Nilam said he was asked by Defence Minister Nazim if he believed that the transfer of power amounted to a coup or a revolution.

Nilam said he replied that, “looking at it academically, this has all the characteristics of a coup.”

“I have even looked into this and studied this along principles that academicians would consider. So I told [Nazim] that this has all the characteristics. He didn’t say anything else,” Nilam said.

Nilam was among the few MNDF high ranking officers that did not join the then-opposition parties during the events of February 7, 2012.

MNDF officers have circulated an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

The five-page document, signed by 73 officers including many mid-ranking officers, is titled “An appeal to soldiers to maintain their oath to be professional and apolitical.”

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MDP MP Jabir threatens to leave party after parliament evicts Housing Minister

Maldivian Democratic Party *MDP) MP Abdulla Jabir has threatened he will leave the MDP if Speaker of parliament Abdulla Shahid remains in the party.

Jabir’s comments came after the parliament forced Housing Minister Ahmed Muiz to leave the parliament when he came to attend a Finance Committee meeting to which he was invited.

Speaking to local media, Jabir said that although the current government was not legitimate the Speaker of parliament should inform him before forcing the Housing Minister to leave as Jabir was the Chair of the Finance Committee.

Jabir told the media that he wanted to meet the Housing Minister to clarify how the government was spending the budget as the government has expired at 12:00am today.

He also said the MDP should decide if they wanted Shahid or him and said that if MDP wants Shahid he would resign from the party. Jabir told the media that he would discuss the issue with Nasheed.

Housing Minister Muiz was asked to leave the parliament by the Sergeant-at-arms after MDP MPs complained to the speaker that there was no legal ground for Muiz to be in the parliament representing the Housing Ministry, following the expiry of President Waheed’s term.

The Speaker of Parliament has also sent a letter to President Dr Mohamed Waheed informing him that his term as president expired at midnight, and that he was no longer in command of the country.

As there is no other way to extend presidential term, the speaker informed Waheed: “The presidential term which began on 11 November 2008 ended on 10 November 2013 and the term cannot be extended unless the procedures laid out in Article 262 are followed.”

The Speaker also sent a similar letter to Chief Justice Ahmed Faiz, Chief of Defence Forces Major General Ahmed Shiyam, Elections Commission President Fuwad Thowfeek, Human Rights Commission of the Maldives President Mariyam Azra, Civil Service Commission President Dr Mohamed Latheef, Prosecutor General Ahmed Muizz, Auditor General Niyaz Ibrahim, and Anti corruption Commission President Hassan Luthfy.

Jabir is well known for his frequent defections from party to party. His first political party was the Dhivehi Rayithunge Party (DRP) during the presidency of Maumoon Abdul Gayyoom. He then joined former party of PPM Parliamentary Group leader MP Yameen Abdul Gayoom, the People’s Alliance (PA).

Jabir defected to the JP ahead of the 2008 presidential elections and backed JP leader and business tycoon Gasim Ibrahim, and wass appointed the party’s deputy leader.

He then went on to join the MDP and hold senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

However, during the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed, Jabir once again declared that he had defected from MDP back to the JP.

In the meantime Jabir’s wife, former SAARC Secretary General Dhiyana Saeed, also resigned from her position in SAARC and joined the opposition movement against former President Mohamed Nasheed.

Jabir became an MP after winning the by-election held to elect an MP to the vacant seat of Kaashidhoo constituency on a JP ticket. He was backed by President Waheed and a coalition of parties supporting his government.

The PPM who initially had their own candidate for the election also backed Jabir. He rejoined MDP in December 2012.

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Speaker advises state institutions that Waheed no longer in power

Additional reporting by Zaheena Rasheed

Speaker of Parliament Abdulla Shahid has sent a letter to President Dr Mohamed Waheed informing him that his term as president expired at midnight, and informing him that he was no longer in command of the country.

Waheed yesterday declared that he would remain in power until the run-off vote scheduled for November 16, before boarding a speedboat off Male with his wife as violent protests and a police crackdown began to shake the capital.

Parliament last week passed a resolution calling on the speaker to run an interim government until the election after the expiry of Waheed’s term. However the Supreme Court issued a verdict on the day of the re-vote, November 9, upholding its earlier edict that Waheed remain in power.

The speaker’s letter called Waheed’s attention to Article 107 of the constitution which limits the presidential term to five years, and Article 262 which says Article 107 can only be amended if three quarters of the Majlis approves of the change and if a majority of the public votes for it in a public referendum.

As there is no other way to extend presidential term, the speaker informed Waheed: “The presidential term which began on 11 November 2008 ended on 10 November 2013 and the term cannot be extended unless the procedures laid out in Article 262 are followed.”

Speaker Shahid also noted that the constitution mandated all three branches of the state, staff employed by the state, and all citizens to fully obey and act within the confines of the constitution.

Therefore, any act committed in violation of the constitution was illegal as per Article 268 of the constitution, the letter highlighted.

The Speaker also sent a similar letter to Chief Justice Ahmed Faiz, Chief of Defence Forces Major General Ahmed Shiyam, Elections Commission President Fuwad Thowfeek, Human Rights Commission of the Maldives President Mariyam Azra, Civil Service Commission President Dr Mohamed Latheef, Prosecutor General Ahmed Muizz, Auditor General Niyaz Ibrahim, and Anti corruption Commission President Hassan Luthfy.

The Commonwealth Secretary-General’s Special Envoy to the Maldives Sir Donald McKinnon has meanwhile expressed “dismay” at Waheed’s decision to remain in office “against the letter and spirit of the constitution.”

McKinnon had earlier called for an interim government, invoking Article 124 which concerns the succession of the speaker should the posts of president and vice president become vacant. Vice President Waheed Deen had already resigned earlier that morning.

“In the absence of a political agreement, the people must look to their Constitution for guidance and have confidence in their Constitution. Article 124 makes clear the spirit and intent of the Constitution for situations such as the one the country is currently facing,” McKinnon stated.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, and who had previously declared he had no intention of remaining in power “even a day after November 11”, said: “Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty.”

Sir McKinnon said today that Waheed’s decision was “regrettably, not unexpected despite best efforts of the Commonwealth and the United Nations to encourage the President to stay within the constitution.

“I understand people’s anguish, but calm must prevail in the interests of all Maldivians. I naturally hope that the second round of the election will go ahead on 16th November, as pledged by the President in his address to the nation.”

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President declares he will remain in power until November 16

President Mohamed Waheed has declared he will stay in power beyond the conclusion of his presidential term, but said he will resign on the day of the run-off, scheduled November 16.

Waheed was due to address the nation at 10:30pm – an hour and a half prior to the expiry of his term – however the announcement was delayed by 45 minutes. His Vice President Waheed Deen resigned this morning.

Minivan News observed large numbers of riot police assembling in Republic Square, prior to Waheed’s announcement tonight. Protests immediately erupted in Male as Special Operations Police clashed with demonstrators near Sosun Magu, with at least 600 people at time of press throwing rocks at riot police.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, had previously declared that he had no intention of remaining in power “even a day after November 11”.

“To the best of my ability, I attempted to hold a peaceful election in which all candidates and the citizenry’s rights are protected. This is because an election that is inclusive and acceptable to everyone is in the highest interest of this country,” Waheed said on Sunday night.

“The current presidential term will end at midnight tonight. Since the constitution does not state what must happen in this situation and since there is a fear of a constitutional void, and since this can be solved through a constitutional amendment, I asked the People’s Majlis to solve this issue. However, the best solution was not found and since the constitution does not state what must happen, the Supreme Court has decided the government will continue instead of going into a constitutional void. And they have ruled there is no other constitutional norm,” he declared.

“Today, as the head of state, my responsibility is to protect the country’s highest interests. Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty,” Waheed claimed.

“None of these decisions will be easy for me or the country. No matter what I do, the days to come will not be easy. Hence, upon discussions with many parties, and since I have worked in the past 21 months to hold a peaceful and smooth election, and since the Elections Commission has decided to hold the election on the 16th of this month, I will continue with the duties of the president until the end of the 16th day of this month.

“But I also inform you I will resign my post at the end of the 16th day. I have decided so after many relevant authorities gave me the certainty the election will be held on he 16th. I assure you, my citizens, that you are the closest to my heart and most loved people,” he said.

Images on social media appeared to show Waheed departing Male on a speedboat, flanked by security.

Speaker of parliament Abdulla Shahid tweeted following Waheed’s announcement: “A government is not legitimate unless it is carried on with the consent of the governed. As of 11 November 2013, we have no legitimate government.”

Senior and mid-ranking Maldives National Defence Force (MNDF) officers as recently as yesterday were appealing to their colleagues not to recognise the authority of the President and his cabinet after midnight November 10. Former head of military intelligence Brigadier General Ahmed Nilam was meanwhile summoned to police headquarters prior to Waheed’s announcement.

The Supreme Court on November 9 upheld its earlier ruling on October 7 stating that Waheed could remain in power past the conclusion of his term on November 11, dismissing a parliament resolution passed last week demanding the installment of the speaker after the expiry of the term.

Yameen refused to sign the voter lists needed under Supreme Court guidelines to hold today’s election, declaring that he would only be ready for a vote after November 13.

“I am certain that President Waheed will stay with the Maldivian people at this most difficult time we are facing. I have no doubt about that,” Yameen said following the revote on November 9.

His demand was followed by a stamped but unsigned ruling issued at 5:30am on Sunday morning by the Supreme Court two hours before polls were due to open, which declared that the run-off vote should be held on November 16 despite the Elections Commission and all candidates previously agreeing that it should be held on November 10.

Waheed’s decision to remain in power follows stern statements from the UN, Commonwealth and US expressing “deep concern” at the Supreme Court’s repeated interference in the election, and implied the need for an interim government following the conclusion of the presidential term.

The Commonwealth Secretary-General’s Special Envoy Sir Don McKinnon highlighted Article 124 of the constitution concerning the transfer of power to the Speaker of Parliament should a President resign or be otherwise incapacitated.

“In the absence of a political agreement, the people must look to their Constitution for guidance and have confidence in their Constitution. Article 124 makes clear the spirit and intent of the Constitution for situations such as the one the country is currently facing,” McKinnon stated.

“Article 124 reflects the basic democratic principle that the state’s power must always lie with the people and their elected representatives. This is the fundamental underpinning of the Constitution. Elected representatives speak for the people. I therefore believe that Article 124 offers the most appropriate guidance to avoid constitutional uncertainty and sustain the support of the people,” McKinnon said.

The US Embassy in Colombo stated that “efforts by the Supreme Court to repeatedly and unduly interfere in the electoral process subverts Maldives’ democracy and takes decision-making out of the hands of the people. It is imperative that Maldives proceed to a runoff election with no further interference so that the democratic process can complete the transition to new leadership.”

Yameen is due to face Nasheed in the run-off now scheduled for Saturday November 16. Third-placed candidate Gasim Ibrahim declared he would not be supporting either candidate in the run-off, although his coalition partner the Adhaalath Party declared its support for Yameen.

Nasheed said on Sunday that if President Waheed continued in government he did not believe the president “or people aligned with him would want an election in the country. I think it is very clear that elections would go our way. If they do not intend to transfer power legally, then we do not see how they would want to have an election. So we don’t think there could be a conducive environment for elections. The Supreme Court will come out with another ruling upon the military or upon the police to definitely obstruct the elections. Come 1the 6th of November, we will be back to square one,” Nasheed said.

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