President Waheed must form new cabinet: DRP Vice President Mavota Shareef

Islam will not be at the center of the current National Unity government’s agenda in the coming months, however judicial reform should proceed in close alignment with the constitution, opposition Dhivehi Rayyithunge Party (DRP) Deputy Leader Mavota Shareef has said.

DRP has pledged to support President Dr Mohamed Waheed Hassan, who was sworn in today following Mohamed Nasheed’s resignation at 1:00 this afternoon under pressure from security forces. Opposition parties have formed the National Unity government under President Waheed.

While unable to provide details of the government’s plans, Shareef emphasised a need for cohesion.

“There is so much distrust among political parties, we cannot allow for further divisions,” Shareef said, adding however that the party does not expect any serious problems to arise as the new ‘national unity’ government moves forward. “We will have to heal these wounds.”

Shareef is also a member of the 23rd December Coalition’s steering committee, which organised a protest on that date in 2011 calling for the the defence of Islam in the Maldives. Although international media has reported today’s events – described by Nasheed’s party as a military coup – as a sign of growing fundamentalism, “those values [of 23 December] are not really a central concern right now,” Shareef told Minivan News.

Opposition-led protests began on January 16 when Criminal Court Chief Judge Abdulla Mohamed was arrested by the military, after blocking his own police summons. Former President Mohamed Nasheed was criticised by the opposition for ordering the judges’ “unlawful” detention, while the government requested international legal assistance from the United Nations’ (UN) Human Rights Commission to resolve the growing judicial crisis.

That UN delegation was due to arrive in the Maldives on December 9, along with “technical expertise” from the Commonwealth. Representatives from the UK High Commission, the Commonwealth and the UN now due to arrive in the Maldives for related discussions this week.

However in a sudden shift, a detachment of police last night assisted opposition demonstrators in an attack on the Maldivian Democratic Party (MDP) camp. Police subsequently clashed with the Maldives National Defense Force (MNDF) early this morning, triggering violent riots, an assault on the MNDF military base in Male’, and an overthrow of the state broadcasting station.

By late morning the government had declared the situation a military coup.

Stating that he would have to use military force and possibly open the Maldives to international intervention in order to stay in power, Nasheed said those terms were against his values and resigned from office.

The MDP subsequently issued a statement this evening that the opposition had taken control of the police and army, and “offered an ultimatum to President Nasheed: step down or be faced with a bloodbath in the capital. President Nasheed thus resigned in order to protect the public from further violence. His resignation was involuntary in that he had no choice.

Shortly after his swearing-in, Dr Waheed addressed the nation saying he was grateful to the police and MNDF who had made “great sacrifices” to defend the constitution.

“Today is the day the rule of law has been established in the country perfectly,” Dr Waheed said.

“I will not order the police, military or any person to do anything against the law – I promise it to the public. Everyone will have the protection of constitution and laws.”

According to the constitution, Waheed must appoint a new Vice President to be approved by Parliament. Elections may be held within six months, or Waheed may complete the remaining two years of Nasheed’s term.

Shareef said he was confident that no elections would be held, and advocated that the new President “will have to form a cabinet as soon as possible.”

Although no members of Nasheed’s cabinet have resigned, Minivan News understands that the names of 57 individuals from the cabinet and the parliament, as well as the recently replaced chiefs of police and military forces Ahmed Faseeh and Moosa Ali Jaleel and former President’s Press Secretary Mohamed Zuhair, have been forwarded to immigration for no-travel restrictions. The list is said to be growing.

Shareef believes judicial reform will continue to be at the forefront of the government’s agenda, however he said it “should be done lawfully”. Nasheed, he said, “made several mistakes. The [MDP] party called for chaos and anarchy, using well-known gangs and thugs in Male’ to lead to armed forces’ frustration,” he alleged. The government at the time made similar claims against the opposition.

“If there is an issue with the judiciary, please use legal means- such as parliament and passing new laws- to reform it. For two years we have waited for a criminal justice policy, a penal code and other amendments to be passed but they haven’t been done. Instead we’ve had three attorney generals in the last three years, and none could get those things done,” he said.

“Since we changed to a new constitution, we need supporting laws to become functional,” he added.

Minivan News inquired whether the international legal delegations would be consulted in spite of the change of power.

“Foreign expertise is necessary to enact judicial reform,” he said, noting that many laws are pending Parliament’s approval.

Opposition leaders on January 30 met with the Vice President, pledging allegiance and urging him to assume control of the executive.

Following that meeting, Vice President of the PPM Umar Naseer said all the parties in the opposition alliance had agreed to “pledge support to the Vice President.”

“After these discussions we are now calling upon the nation’s security forces, on behalf of our ‘December 23 alliance’ of all the opposition parties in the country as well as the NGO coalition, to immediately pledge their allegiance to the VP,” Naseer said.

“I repeat, all members of the December 23 alliance are now calling on the security forces to immediately pledge allegiance to Vice President Dr Mohamed Waheed Hassan Manik and, as Mohamed Nasheed has violated the constitution, to not obey any of his orders and to pledge allegiance to the Vice President.”

Members of PPM could not be reached at time of press.

Reaction

UN Secretary General Ban-Ki Moon has issued a statement expressing “his strong hope that this handover of power, which has been announced as a constitutional step to avoid further violence and instability, will lead to the peaceful resolution of the political crisis that has polarised the country in recent months.”

Ki-Moon “calls on all Maldivians to refrain from violence and engage constructively in addressing the challenges their country is facing and to protect and build upon the important gains the Maldives has made in recent years in establishing democracy and rule of law.”

The Secretary-General acknowledges the important contributions of President Nasheed, the country’s first democratically-elected president, to the establishment of democracy in the Maldives and his role in raising international awareness of the dangers of climate change and rising seas. The United Nations will remain a close partner of the Maldives and will continue to extend its support in the period ahead.”=Indian High Commissioner Dynaneshwar Mulay told Minivan News that India was “in dialogue with all stakeholders n the aftermath of the day’s events.”

“All parties are committed to peace,” he said, adding that he had been “assured things are handled in a mature fashion.”

He did not comment on whether Nasheed’s government had requested or been offered Indian intervention.

The Commonwealth said it was “gravely concerned about the political and constitutional developments in Maldives.  At the request of the Chief Justice and Government, a Commonwealth Secretariat team of five officials arrived in Maldives on 6 February, to explore how the Commonwealth can respond to the country’s urgent priorities, including strengthening the judiciary and the separation of powers. The Secretariat team includes political, legal and human rights officers.

“The Commonwealth team is consulting with the full spectrum of stakeholders to assess the current situation and the Commonwealth’s possible contributions in the short, medium and long-term.

“All Commonwealth member countries have committed themselves to the Affirmation of Commonwealth Values and Principles, including a commitment to constitutional democracy, peace, the rule of law, and human rights.

“The Commonwealth stands ready to continue to support Maldives to uphold its constitution, strengthen its institutions and reinforce the culture of democracy. We urge all to respect the rule of law and the constitution, and to refrain from acts of violence.”

Travel warnings

Several countries have issued travel warnings for Male’ after today’s surge in political turmoil.

The UK’s Foreign and Commonwealth advised against “all but essential travel to Male’ island. There are political demonstrations in the capital Malé, which have resulted in violent clashes between government and opposition supporters, and later the police and defence forces. The situation remains uncertain. If you are in Malé, or choose to travel to Malé, you should exercise caution, avoid demonstrations and beware of spontaneous gatherings.”

There are currently no reports of social unrest or demonstrations at Malé International Airport, or at the tourist resorts and other islands, the FCO said, asking tourists to check the situation with travel and tour operators.

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Maldives government changes in dramatic scenes after police elements join opposition protest

Vice President of the Maldives Dr Mohamed Waheed Hassan has been sworn in as President of the Maldives following the resignation of President Mohamed Nasheed in dramatic circumstances at 1:00pm today (February 7).

President Mohamed Nasheed appeared on ‘Television Maldives’ (TVM), and issued a brief statement this afternoon:

“I resign because I am not a person who wishes to rule with the use of power. I believe that if the government were to remain in power it would require the use force which would harm many citizens. I resign because I believe that if the government continues to stay in power, it is very likely that we may face foreign influences.

“I have always wished the citizens of this country well, now and into the future. I have made this decision and I wish for your prosperity in this life and the life after.”

The President’s resignation comes after elements of the police and 60-70 officers from the Maldives National Defence Force (MNDF) sided with opposition protesters and attacked the MNDF headquarters early this morning.

Minivan News at 8:00am on February 7 observed a group of 400-500 opposition protesters, interspersed with blue-shirted police officers, assaulting the MNDF building in Republic Square.

At the height of the violence there appeared to be no police riot control presence in the square. Military forces with riot shields held back the crowd at while soldiers in gas masks used grenade launchers to fire tear gas canisters from the turrets of base into the crowd.

“This government is over!” yelled a middle-aged man in a shirt and tie, dodging a tear gas canister. Several confronted Minivan News.

Younger rioters threw water bottles and rocks at the building, breaking windows. Another picked up a tear canister and attempted to hurl it back into the compound.

There were mixed reports that the military used rubber bullets to control the demonstrators. Minivan News only observed tear gas canisters being fired as of this morning, and the government at the time denied using rubber bullets.

The wind quickly dispersed the tear gas in the large open area, blowing south through the city.

Outside the main square the streets were as calm and quiet as a typical Male’ morning, as the school run began. Students walked through the hazy streets south of the square holding their clothes to their faces, and were handed water and paper towels by teachers at school gates.

At 10am this morning Minivan News observed military units protecting the President’s residence, and sirens as police units from other parts of the city converged on the square.

A government spokesperson this morning confirmed that “some elements within the police have not obeyed orders, and military and police are working to restore order.”

“The opposition has been calling for the police and military to mutiny and join the mob in bringing down the country’s first democratically elected government,” he said.

Opposition protesters and police supporters subsequently took over the Maldives National Broadcasting Commission (MNBC) and began streaming VTV over the station. The channel was later rebadged ‘TVM’, its name under Gayoom’s government. Opposition party leaders and MPs are giving interviews on TVM, interspersed with patriotic songs, news reports and live footage of Nasheed’s resignation and the Vice President’s appointment.

Subsequent to the rebranding of TVM, a government spokesperson told Minivan News the Maldives was in the throes “of an attempted coup”.

President Nasheed subsequently gave a press conference and announced his resignation.

Vice President takes over from Nasheed

Vice President Mohamed Waheed Hassan was sworn in as President this afternoon. Following his appointment Dr Waheed addressed the nation on TVM, and said he was grateful to the police and MNDF who had made “great sacrifices” to defend constitution.

“Today is the day the rule of law has been established in the country perfectly,” Dr Waheed said.

“I will not order the police, military or any person to do anything against the law – I promise it to the public. Everyone will have the protection of constitution and laws.”

Dr Waheed also said the President and has family would receive protection under the law.

“I call upon all political parties, the Maldives National Defense Force, and the public that this is the time to put aside personal hatreds and jealousies, and prioritise to work for the interests of our nation. And I ensure that we will work to restore peace and prosperity of the nation, to deliver a harmonious and peaceful living to the people.”

Police attack MDP headquarters

A group of police, believed to be affiliated with a ‘starforce’ unit under the former government, reportedly refused to obey an order after dispersing a crowd of opposition protesters at the artificial beach last night.

Minivan News observed a group of protesters and police with batons running south towards the tsunami monument just after midnight, before returning to the artificial beach.

Shortly afterwards, a group of up to 10 people in police clothing attacked the MDP ‘Haruge’, headquarters, smashing some glass.

Following incident at the Haruge, a rogue police unit reportedly arrived in Republic Square and was monitored by MNDF officers. The police were reportedly joined by further officers.

Minivan News is currently seeking confirmation that the home minister was attacked in the violence last night. Former MDP Chairperson Mariya Ahmed Didi and senior MDP figures are reportedly being treated in hospital after a stab wound, and there were reports of both police and MNDF officers being treated for head injuries in hospital.

TIMELINE February 7:

10:40 – Minivan News has observed that a large group of MNDF officers have joined opposition demonstrators in Republic Square. The President was reported to be still in Male and under military protection. The opposition is claiming he has been arrested, but the government has disputed this.

10:45 – Many shops and businesses, including the Bank of Maldives, have temporarily closed branches in Male’.

11:01 – A government source confirmed that they were aware that a number of MNDF personnel had joined the demonstrators. Minivan News observed 60-70 uniformed officers.

11:12 – Opposition protesters and rogue police have taken over the Maldives National Broadcasting Commission (MNBC) and are streaming VTV over the station. The occupiers have reportedly renamed it TVM.

11:22 – The headquarters of the ruling Maldivian Democratic Party (MDP) has been set on fire.

11:36 – The MNDF personnel who joined the protesters were reportedly given the opportunity to leave if they wished, but were forbidden from taking weapons.

11:41 – The opposition aligned protesters have been issuing President Mohamed Nasheed ultimatums to resign – Minivan News was told 11:30am and 2:30pm by different sources.

11:47 – Government spokesperson confirms country is undergoing attempted coup, after state broadcaster hijacked.

12:13 – President’s office denies widespread reports that Nasheed has resigned. There is a press conference scheduled imminently at the President’s office.

12:32 – Minivan News observed no situation at the airport, contrary to earlier rumours circulating around Male.

12:54 – President’s Press conference is yet to start.

12:56 – MNBC is now showing as TVM, the name of the state broadcaster under President Maumoon Abdul Gayoom.

12:58 – Press conference has started.

1:19 – President Nasheed announces resignation, stating that his remaining in power would require the use of force against his own population, and he was not willing to do this “foreign influences”. Minivan News is currently clarifying his statements in English.

2:55 – Another press conference has been announced and is expected to start shortly.

3:00 – Vice President Mohamed Waheed Hassan is due to be sworn in as the 5th President of the Maldives, according to the rebranded Television Maldives (TVM).

4:38 – Vice President Mohamed Waheed Hassan is addressing the nation on TVM, praising efforts “police sacrifices” to protect the constitution and law.

5:00 – Chief Judge of the Criminal Court, Abdulla Mohamed, has been reported released.

6:31 –  The mood in Male’ remains tense. Maldivian Democratic Party supporters have been thin on the ground today.

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Qatar flight delayed in payment dispute over ground handling charges

A Qatar flight scheduled to fly to Doha on Sunday night was refused permission to depart Ibrahim Nasir International Airport (INIA) following the airline’s ongoing refusal to pay increased ground handling charges.

The move came after the airline’s CEO Akbar Al Baker last week was recently reported as stating that Qatar would re-consider flying to the Maldives if airport operator GMR insisted on a 51 percent increase in ground handling charges.

“If we or any other major player withdraws services because of these unwarranted and draconian measures, it will be the people of the Maldives who will lose out, affecting their livelihoods as they rely heavily on the tourism industry,” Al Baker said.

Minivan News reported yesterday that GMR had requested that Qatar pay cash for the day’s flights.

INIA CEO Andrew Harrison told Minivan News today that the flight had been refused permission to depart due to the airline’s lack of payment of the revised charges.

The flight was delayed an hour and 20 minutes, he said, before GMR allowed it to depart “on compassionate grounds. There were women and children on board and passengers with international connections to make, who were being inconvenienced through no fault of their own,” he said.

Minivan News understands that GMR is currently in talks with several airlines regarding back payment of the increased charges. The company has said it will release a formal statement later in the week.

“MACL (Maldives Airport Company Limited) announced the revised charges in February 2010, after 14 years without increases,” Harrison said. “The charges are still below those for the same aircraft sizes at other airports in the region.”

MACL’s revised charges came into effect on 1 November 2010, Harrison explained. “They had an obligation to give six months notice, and they gave nine. We took over on 25 November. We included [the revised charges] as part of our business and revenue.”

Qatar’s Country Manager for the Maldives Sayed Mohammad Tariq said the matter was being dealt with at head office level by the airline’s senior management.

“Qatar’s CEO made his position very clear. We have nothing to say at station level,” he told Minivan News.

Morning and evening flights on Monday were cancelled. However Tariq said no decision had been made to cancel future flights which remained in the airline’s booking system.

The airline was today taking care of passengers affected by the payment dispute, he said. “We are taking care of all passengers and putting them on other flights.”

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Maldivian couple held three months in Indian jail over visa issue

A Maldivian couple have been detained in India over a visa issue for more than three months, reports Haveeru.

The paper reported the couple’s son as telling the paper that his parents had asked another Maldivian woman to renew their visa when it was about to expire, and that they had stayed on relying on the documents that were handed to them by the woman. The documents were subsequently identified by Indian police as counterfeit.

The Foreign Ministry told the paper that officials at the Maldivian Embassy had visited the couple. Their case was currently in court and that they could not return to the Maldives until the court concluded the case, the Ministry said.

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Police use tear gas to disperse opposition and ruling party protesters as demonstrations continue

Police last night used tear gas to disperse a crowd of protesters who had gathered in an ongoing series of protests, held following the arrest of Criminal Court Chief Judge Abdulla Mohamed by the military.

Opposition protesters gathered near the Dhivehi Rayyithunge Party (DRP) office opposite the artificial beach, while  Maldivian Democratic Party (MDP) supporters also gathered in the area.

The two groups shouting at each other over loudspeakers until midnight, accusing the other side of corruption along with other allegations.

At one point, according to local newspapers Haveeru and Sun, MDP protesters accused President of the Adhaalath Party Sheikh Imran Abdulla of sleeping with his sister-in-law, to which the Sheikh responded over his loudspeaker, “swearing by God” that the allegation was false and saying he would file for defamation.

Police attempted to enter the DRP head office several times, but were blocked by officials inside who denied then entrance without a court warrant.

After midnight police warned both groups of protesters to leave the area. After warning both sides several times, police threw tear gas canisters into the crowd, which dispersed.

Before the protest was dispersed, opposition protesters announced that they would gather again tonight.

A police spokesperson told Minivan News that police had asked both groups to leave the area.

”We warned them at 12:00am and then dispersed the protest,” he said. “We have not received any information that any person was injured except for a woman who suffered minor injuries.”

He said seven persons who disobeyed police orders were arrested, and one was released.

”The other six persons are still in police custody,” he added.

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MDP proposes bill to reform judiciary, reappoint higher courts

The ruling Maldivian Democratic Party (MDP) has proposed a bill to amend the Courts Act (22/2010) which would reduce the number of judges on both the benches of the Supreme Court and High Court if passed.

In a press released issued by the party’s parliamentary group, amendments have been proposed to article 5 and article 27 of the Courts Act which dictates the number of judges on the benches.

The first amendment proposes changing clause (a) of the article 5 of the Courts Act, reducing the Supreme Court bench to five judges inclusive of the chief justice. The amendment would also dissolve clause (a) of the article 16 in Judges Act (Act 13/2010).

The second amendment proposed reducing the High Court bench to seven judges, inclusive of a chief judge.

The current Supreme Court has a bench of seven judges, including the chief justice, while the High Court consists of nine judges including the chief judge of the High Court.

The bill also states that once it is passed and ratified, the judges for the Supreme Court and the High Court should be reappointed within 30 days.

MDP Spokesperson and MP Imthiyaz Fahmy stated that the bill was proposed because the ruling party believes that the Supreme Court and the High Court have been inefficient in finishing cases, and that it is not feasible to have a large bench of judges if the efficiency of the courts were below expected standards.

“Only 31 percent of the cases submitted to the Supreme Court in 2008 were actually finished while the remaining 69 percent remained pending. In other countries with similarly-sized benches the same number of judges finish more than 90 cases annually,” Fahmy said.

Fahmy also said that the MDP is not seeking to remove specific judges from the bench,and that instead the intention was purely to reform the judiciary and ensure the people had free and fair access to justice.

The MDP was confident that the bill would pass despite neither the opposition or the ruling party having an absolute majority, Fahmy said.

Prominent lawyer Ali Hussain raised doubts about the sincerity of the MDP parliamentary group’s decision considering the timing of the proposal. Hussain claimed the government had a majority in the JSC and the parliament for six months [referring to the 16th parliament which ended its term in February 2009 after the general elections] and had done nothing to reform the judiciary.

Independent MP for Kulhudhuhfushi, Mohamed Nasheed, was reported saying in the local media that the bill to amend the Act was an attempt by the government and the ruling MDP to intimidate the current sitting judges of courts of the Maldives. Fahmy denied the claims.

The MDP recently launched a campaign to reform the judiciary. The government subsequently took Chief Judge of the Criminal Court Abdulla Mohamed into military custody maintaining that Judge Abdulla posed a threat to the wellbeing of the society.

Tempers have flared across the capital Male’ with an ongoing series of opposition-led protests calling for the government to uphold the constitution and release the chief judge.

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Salafists taking root in Maldives amid toxic politics: Reuters

Few of the million or so tourists who visit the Maldives each year would catch even a whiff of the troubled politics or growing militant threat roiling the islands of one of the world’s most renowned get-away-from-it-all destinations, writes Bryson Hull for Reuters.

“Taking a page from the book of Gayoom, Nasheed ordered [Chief Judge Abdulla] Mohamed’s arrest and defied a Supreme Court release order, sparking more than three weeks of sometimes-violent protests by opposition parties that scented a chance for their own Arab Spring in the Indian Ocean.

The reason, Nasheed says, is because the judge, like the other 200-odd criminal court judges, was illegally sworn in for a life term and has blocked every attempt to bring multi-million-dollar corruption, rights abuse and criminal cases against Gayoom’s allies and relatives.

“Gayoom is running the judiciary,” Nasheed said. “When he lost the presidency, he was clever enough to carve out a territory and hide there, or get protected there. And none of the cases are moving.”

So to make good on his electoral promise to enact a new constitution and establish an independent judiciary, Nasheed says he has acted outside of it.

“You have to push everyone to the brink and tell them ‘You do this or we all fall’,” Nasheed told Reuters in an interview at the presidential bungalow in Male, the capital island.

“I think it would be so wrong of me not to tackle this simply because I might fall or simply because people may raise eyebrows.”

And it has done just that, drawing private diplomatic rebukes from Western nations which backed his ascendancy to lead the archipelago of 1,200 islands out of 30 years of Gayoom’s rule, which was widely criticised as dictatorial.

“It’s just indefensible. It’s almost like Nelson Mandela coming out and locking up all the white people,” a businessman based in Male who works with a government-linked company told Reuters, asking not to be identified.

But while the political fray goes on with all eyes on the 2013 presidential election, Maldivian intelligence officers and Western officials say hardline Salafist and Wahabist groups are gaining political ground in the more distant atolls and making a beachhead in Male.

The capital island is home to almost 200,000 of the Maldives’ 330,000 people, all Sunni Muslims. It is also home to the majority of the estimated 30,000 people on the islands who are addicted to heroin, according to UN estimates.

“It’s potentially a tropical Afghanistan. The same forces that gave rise to the Taliban are there – the drugs, the corruption and the behavior of the political class,” a Colombo-based Western ambassador who is responsible for the Maldives told Reuters on condition of anonymity.

“The Salafists are taking over atoll after atoll. They work on the ground and it is insidious. Nero is definitely fiddling while Rome burns.”‘

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Maldives facing serious constitutional crisis: Eurasia Review

There is no doubt that the judiciary in the Maldives is in a mess with many unqualified and incompetent people having made it into the judiciary in the void created during the transition period, writes Dr S. Chandrasekharan for the Eurasia Review.

“The ICJ report of July 2010 pointed out the legacy of an authoritarian past in which the President was the supreme judicial architect that has tested the transition.

“Another factor which inhibited proper selection was that the Judicial Service Commission failed to fulfill the constitutional mandate of properly vetting and reappointing the judges. Even the composition of the commission was questionable. Imagine Gasim Ibrahim being a member – he is a politician and leader of one of the active political parties. He has extensive business interests and there will be an unavoidable clash of interests.

“In the year 2005, the then Attorney General and now a leader of the DQP has himself reported against the judge and the allegations included misogyny, sexual deviance, throwing out an assault case despite the confession of the accused. The Judicial Commission took its own time to enquire into the allegations and meanwhile the judge approached the civil court and stopped the enquiry!

“The judge would have got away with all this but what triggered the anger of the government was that he issued orders for immediate release of two persons from custody – Dr Jameel, the Vice President of DQP and Sandhaanu Didi for asserting in a private broadcasting station that the government was working with the Jews and Christian priests and encouraging vice. Didi went further and made personal attacks against President saying that the President was a madman and a Christian!

“Confronted by the police, the two were not able to substantiate the allegations and were therefore taken into custody under 125 of penal code which said that a ‘person can be punished for making a fabricated statement or repeats a statement whose basis cannot be provided.’

“The Chief Judge of the Criminal Court Abdulla Mohamed ordered the immediate release of the accused and the Police with the help of the MNDF in turn arrested the judge of the criminal court.
Police Sources say that the Judge was arrested for unethical conduct in obstructing the Police in exercising their responsibilities to preserve law and order in the society.

“The High Court ordered the release of the judge stating that the arrest was illegal. The Chief Justice Ahmad Faiz and the Prosecutor General also issued orders for the immediate release of the judge.

“The JSC (Judicial Service Commission) also issued a press note that it is not in the jurisdiction of the armed forces or the Police to take action against the judge.

“The Vice President has in his blog has said that the arrest is against article 319 of the “Universal Declaration of Human Rights. Further it is against the international covenant of civil and political rights and international convention for the protection of all persons from enforced disappearance. He suggested that the judge should be released and then make the JSC fulfill its responsibilities.

“The Secretary General of SAARC and a former attorney General Fathimath Dhiyana Saeed, the youngest and the first female Secretary General, condemned the arrest in a television programme and said that it is a “violation of individual human rights, a violation of independence of the judiciary and a violation of the constitution.” She has put in her resignation papers after the broadcast.

“A team of lawyers filed a case against MNDF in the High Court over the illegal arrest of the judge. A case has also been filed in the International Court of Justice over the arrest.

“President Nasheed appears to be unrelenting and has justified the arrest. He has separately approached the UN for help in cleaning up the judiciary- immediate issues and the long term issues that includes the failure of the judicial accountability mechanism in the constitution.

“It looks that President Nasheed has over reached himself in firstly arresting and in refusing to release the judge when the overwhelming public opinion is against taking such a drastic action. He should have taken this strong stand last year during the transition when some of the judges appointed by the previous regime were found not having “high moral character, educational qualifications or competence.”
One of the charges against the judge now arrested was that in 2005 he was alleged to have requested the under age victim of molestation to re enact her abuse in court. The charge could not be enquired into by the judicial service commission as the judge got a stay order from the civil court.

“By this one act of arrest, President Nasheed is likely to antagonise all his admirers and sympathisers. Earlier it is undone, better it would be for all concerned.”

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