Author: Ahmed Naish

Supreme Court takes over Civil Court case on legitimacy of transfer of power

The Supreme Court has taken over a case filed at the Civil Court by dismissed Human Rights Minister Dhiyana Saeed, who had requested a ruling declaring that the transfer of power on February 7, 2012 was illegitimate.

The Supreme Court ordered the lower court last week to suspend its proceedings and send over the case files before 3:00pm on Thursday (May 23). The court order (Dhivehi) stated that the apex court would determine whether the Civil Court had jurisdiction to hear the case.

The court order was issued following a request by the Attorney General’s Office (AGO) for the Supreme Court to decide on the question of jurisdiction.

At the first hearing of the Civil Court case, the AGO requested proceedings be halted pending a ruling from the Supreme Court. However, the judge decided to proceed with the hearing in the absence of a court order by the Supreme Court.

The Supreme Court order was revealed today by the recently launched official twitter account of the Civil Court.

Dhiyana Saeed – also former SAARC Secretary General and former President Mohamed Nasheed’s first Attorney General – had first submitted the case to the High Court, which however decided that it was outside the appeal court’s jurisdiction.

The case was filed at the Civil Court earlier this month.

The defendant in Dhiyana’s lawsuit was Speaker of Parliament Abdulla Shahid, who recently defected from the government-aligned Dhivehi Rayyithunge Party (DRP) to the opposition Maldivian Democratic Party (MDP) and is currently campaigning for former President Nasheed.

Nasheed resigned in the wake of a violent mutiny by Special Operations (SO) police officers, who assaulted government supporters, ransacked the ruling party Haruge (meeting hall), protested at the Republic Square, clashed with the military, vandalised the police headquarters and stormed the state broadcaster on the morning of February 7.

Saeed’s lawsuit noted that Shahid was the state official with the authority under article 121 of the constitution to declare the office of the president vacant, should an incumbent president resign or vacate the office.

“It was the Speaker of Parliament who declared the office of president vacant, be it had he done it knowingly, mistakenly or unknowingly,” Saeed told newspaper Haveeru. “This doesn’t mean Shahid committed a criminal offense. It also does not mean that he partook in the events or that he made the decision [maliciously].”

She contended that Speaker Shahid had failed to look into the circumstances surrounding Nasheed’s resignation before accepting the letter.

Saeed told Minivan News that she and her co-counsels “stopped short of asking for Nasheed’s reinstatement,” adding that she did not have “the locus standi to ask for a particular relief.”

“If the ruling comes in our favour, it might be possible for Nasheed to institute a second proceeding for reinstatement. As far as this case is concerned, our interest is in the rule of law and invoking constitutional process to uphold the legal order as stipulated by the constitution,” Saeed explained at the time.

Supreme Court intervention

Meanwhile, in her report to the United Nations Human Rights Council following a visit to the Maldives, UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul observed that it was “troublesome that some of the Supreme Court’s interventions are perceived as arbitrary and as serving the judges’ own personal interests.”

“Moreover, the Supreme Court is said to have taken away cases directly from the superior courts before they were adjudicated, without explaining which criteria or procedures were applied,” Knaul wrote.

The Supreme Court has on a number of occasions issued writs of mandamus taking over cases from lower courts. In November 2012, the Supreme Court instructed the High Court to suspend proceedings on an appeal by former President Nasheed concerning the legitimacy of the Hulhumale’ Magistrate Court.

At the same time, the apex court ordered the Civil Court to send over all files on a case submitted by a lawyer, Ismail Visham, disputing the legal status of the Hulhumale’ Magistrate Court.

The Supreme Court also intervened in litigation concerning a border control project awarded to Malaysian mobile security firm Nexbis.

Transfer of power

Following her dismissal from the cabinet by President Dr Mohamed Waheed last year, Saeed released a personal memoir alleging that Nasheed’s political rivals had conspired to assassinate him.

Saeed alleged that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CoNI), which concluded that Nasheed had resigned voluntarily.

In January 2013, parliament’s Government Oversight Committee commenced a review of the CoNI report and heard testimony from six of the highest-ranking officers of the security services at the time of the transfer of power.

Following its inquiry, Committee Chair MP Ali Waheed claimed that the report produced by CoNI was “flawed” based on the findings of the committee.

The CoNI report lacked “key information [senior police and military officers] had given” while “others claimed their information was wrongly presented,” the MDP MP said at the time.

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“Serious failings in the justice system entrenched impunity”: Amnesty International

Failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity” in the Maldives during the past year, Amnesty International has said in its annual report.

“These [failings] included the absence of codified laws capable of providing justice equally to all and the appointment of judges who lacked formal training in law without serious scrutiny of their legal qualifications,” the international human rights organisation stated.

“Throughout the year, authorities were accused of political bias for fast-tracking the prosecution of opposition supporters accused of criminal behaviour during rallies while failing to prosecute police and others suspected of committing human rights abuses during the same protests.”

The 2013 Amnesty annual report on the state of the world’s human rights observed that former President Mohamed Nasheed’s resignation on February 7, 2012 was “followed by months of protest and political repression.”

Nasheed resigned in the wake of a violent mutiny by Special Operations (SO) police officers, who assaulted government supporters, ransacked the ruling party’s Haruge (meeting hall), staged a protest at the Republic Square, vandalised the police headquarters, clashed with the military and stormed the state broadcaster.

Since the transfer of presidential power, the security services have used excessive force “to suppress demonstrations that were largely peaceful,” the report noted.

In June 2012, the Maldives Police Service (MPS) however denied “in the harshest terms” allegations of police brutality by Amnesty International.

“Supporters of the former President’s Maldivian Democratic Party (MDP) were targeted for attack in February. Detainees were subjected to torture and other ill-treatment,” the report continued.

“Targeted violence” against MDP members plunged the nation into “a human rights crisis” in February 2012, the Amnesty report contended.

“Throughout the year, security forces frequently attacked peaceful demonstrators, including MPs, journalists and bystanders, in the capital Malé or in Addu, both MDP strongholds. Officers clubbed them, kicked them and pepper-sprayed them directly in the eyes. Around the time of Mohamed Nasheed’s resignation, from 7 to 9 February, police targeted senior MDP members for attack and tracked down and assaulted injured protesters in hospitals,” read the report.

Amnesty also reported torture and ill-treatment in police custody, including “beatings, pepper-spraying the eyes and mouth, denial of drinking water and, in Addu, incarceration in dog cages.”

The report noted that a Commonwealth-backed Commission of National Inquiry (CoNI) established by President Dr Mohamed Waheed – which found that Nasheed resigned voluntarily – had taken note of “allegations of police brutality and acts of intimidation” and called for “investigations to proceed and to be brought to public knowledge with perpetrators held to account.”

Criminal proceedings have however yet to begin against a single police officer accused of human rights abuses in the aftermath of February 7.

Impunity

In August 2012, the Human Rights Commission of Maldives (HRCM) concluded that the police crackdown on a MDP march across Male’ on February 8, 2012 that left dozens of demonstrators injured was “brutal” and “without prior warning.”

Based on its findings, the HRCM recommended that the Maldives Police Service (MPS) and Police Integrity Commission (PIC) should investigate the “disproportionate” use of force – in violation of police regulations authorising use of less-lethal weapons – and initiate legal action against the responsible officers.

On February 8, thousands of MDP supporters took to the streets after Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinying SO police officers working with the then-opposition and abetted by rogue elements of the military.

The HRCM noted that 32 people filed complaints with the commission concerning varying degrees of injuries sustained in the crackdown and 20 people submitted medical documents of their treatment for injuries.

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person fractured a bone in his leg, one person was left with a broken arm and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

The PIC meanwhile revealed in December 2012 that it “recorded 24 individual cases of police brutality related to 7th and 8th February” and completed investigation into 12 cases.

Six cases were sent to the Prosecutor General’s Office (PGO) for criminal prosecution.

“In one more case, though police brutality was proven, there was insufficient evidence to identify the responsible policemen. Investigations of the remaining 12 cases is ongoing, but are expected to be completed soon,” the commission said in a status update.

In February 2013, PIC Chair Dr Abdulla Waheed told parliament’s Government Oversight Committee that it was investigating 29 police officers accused of using excessive force against MDP demonstrators.

The PIC chairperson could not confirm whether the commission’s recommendation to dismiss six officers of the 29 under investigation was acted upon.

He added that five cases were pending despite video evidence of police brutality as the officers could not be identified and 11 additional cases remained stalled over lack of sufficient evidence.

Former PIC Chair Shahinda Ismail had revealed that officers the commission had recommended for suspension had instead been given promotions. Shahinda resigned in October 2012 citing “major difference of opinion” with other members.

“What I’ve seen in the actions of institutions is that they have been giving a lot of space for the police to act with impunity,” she said at the time.

February 8 crackdown
An injured protester

While police baton charged the front of the protest march on February 8, Minivan News observed SO officers charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) building.

The SO officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Parts of the attack from the rear were filmed by Al Jazeera, which reported on February 8 that “police and military charged, beating demonstrators as they ran – women, the elderly, dozens left nursing their wounds.”

Former President Nasheed was reported among the injured, and received head injuries during the clashes. He was briefly taken under police custody before being released back into the crowd.

Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area at the Indira Gandhi Memorial Hospital (IGMH).

One young woman who had gone to IGMH with her sister was being treated for a head wound. A gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’.

“Inside the hospital, dozens of Mr Nasheed’s supporters are still being treated for injuries, following earlier scuffles in the main square. Among them is Reeko Moosa Maniku, chairman of Mr Nasheed’s Maldives Democratic Party – who was with the former president when the clashes broke out. With a large head bandage and his shirt bloodied, he regained consciousness as we arrived. The police said they would kill me, he told us, as they beat me. Another MP was still unconscious in another ward.”

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Four MTCC harbour projects stalled over lack of construction material

The Maldives Transport and Contracting Company (MTCC) has suspended harbour projects on four islands over the lack of construction material.

The government-owned public company said in a press release today that construction has stalled in Noonu Manadhoo, Shaviyani Komandoo, Raa Ungoofaru and Faafu Feeali as the remaining work required reinforcement rock boulders or conglomerate.

“Continuing such large projects while conglomerate is not available from India has resulted in a more than 100 percent increase in the price of materials as well as many logistical difficulties,” the press release stated.

It added that the company won the bids for the harbour projects based on the prices of construction material available from India at the time.

“In the past three months, the company has tried in various ways to purchase aggregate. At the same time, the company is also working with all the institutions involved in this matter to speedily resolve this issue,” the press release concluded.

On February 15 this year, the Indian government revoked a special quota afforded to the Maldives for the import of aggregate and river sand. The move led to a shortage of the supply of construction material and subsequent rising costs for construction companies.

The Indian government’s decision followed a diplomatic row with Maldives over the current administration’s termination of a concession agreement with Indian infrastructure GMR to upgrade and develop the Ibrahim Nasir International Airport (INIA).

In December last year, Indian authorities also tightened visa restrictions for providing medical visas to Maldivians, leading to people queuing outside the Indian High Commission to obtain visas to travel for medical treatment.

In some instances, local people complained of queuing for over 24 hours outside the High Commission’s building in Male’ to try and get a limited number of daily tokens.

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Maradhoo detainees allege physical abuse in police custody

Eight young men arrested on the island of Maradhoo in Addu City last week have alleged that they were physically abused by Special Operations (SO) officers while under police custody.

Police arrested the youth on Wednesday (May 15) for allegedly obstructing police duty outside a Progressive Party of Maldives (PPM) campaign office, which prompted clashes between SO officers and members of the public.

Eyewitnesses told local media that the SO officers used pepper spray and excessive force to arrest the Maradhoo youth.

Former Home Minister Dr Mohamed Jameel Ahmed – dismissed from the post earlier this month following his appointment as the running mate of PPM presidential candidate Abdulla Yameen – told local media that Maradhoo islanders have made a number of allegations concerning police brutality and the behaviour of SO officers during the arrests, including the use of foul language.

Dr Jameel reportedly met PPM members and families of the detainees in Addu City this weekend to gather information. The arrested youth included PPM members as well as Maldivian Democratic Party (MDP) members.

Photo from MVYouth.com

Jameel told newspaper Haveeru that the party would provide legal assistance to the PPM members, whose detention was extended to 10 days by the Hithadhoo magistrate court on Thursday (May 16). One of the eight detainees was however released by the court.

The former home minister said he advised the families to file complaints with the Police Integrity Commission (PIC) for investigation.

Asked if he believed police could have been violent towards civilians, Jameel said he “could not say that such actions  would not be seen from police.”

Dr Jameel was not responding to calls at the time of press.

Commissioner of Police Abdulla Riyaz meanwhile tweeted on Saturday (May 18) that a Professional Standards Command (PSC) team was “already in Addu to investigate the complaints against police.”

Following the arrests last week, former President Mohamed Nasheed also took to twitter to condemn “the actions of a few policemen who’ve arrested members of pol parties, used excessive force, violated the sanctity of their premises.”

Nasheed resigned on February 7, 2012 in the wake of a violent mutiny by SO officers, who have since been accused of using excessive force against demonstrators.

Speaking at a campaign rally in Maradhoo on Friday night, MDP lawyer Ahmed Abdulla Afeef said he met the detainees  separately and all of them claimed to have been physically abused in custody.

The detainees said they were driven around in a police vehicle, taken to a bridge and beaten, Afeef said.

“For about half an hour, they were kept there and beaten with police ankle boots, police helmets and with their fists,” he said. “I did not see them being abused, but there are still fresh injuries on their bodies. So this has happened.”

They were then taken to the police station and stripped naked before being subjected to more physical abuse, Afeef continued.

The youth alleged that their hands were cuffed behind the back and police jumped on the handcuffs while the detainees were made to lie on the ground, Afeef said.

Photo from MVYouth.com

The detainees also claimed that the SO officers told them that they “toppled the government” and were untouchable, he added.

Afeef said he would file complaints at the PIC and Human Rights Commission of Maldives (HRCM) but doubted that any SO officer would be held accountable.

“The Police Integrity Commission will come here and taken statements. But in the end their report will say, ‘there are allegations of abuse but we cannot identify [the responsible officers], so we cannot take any action.’ That is how it has happened in the past,” Afeef said.

Afeef said the clashes with SO officers occurred after four police officers stopped in front of a young man sitting near the PPM office and demanded that he remove a necklace.

The young man had long hair that was dyed in the back, Afeef noted.

“In any case, when police started asking these questions and harassing him, he asked, ‘what’s the problem? am I not free to wear a necklace?'” Afeef recounted.

Police responded by dropping him to the ground and cuffing his hands, Afeef continued, which prompted his friends to intervene and clash with SO officers.

Afeef observed that individual liberty was guaranteed by article 19 of the Maldivian constitution, which states, “A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari’ah or by law. No control or restraint may be exercised against any person unless it is expressly authorised by law.”

Custodial abuse

Meanwhile, PPM-aligned news website MVYouth.com published an account yesterday of one of the young men arrested on Wednesday and released after 24 hours without being taken to court.

Mohamed Zaufnaz ‘Zauf’ Shinaz, an employee of a community news site called Maradhoolive.com, told MVYouth that he went to the area upon learning of a disturbance outside the PPM office.

Photo from Addu Online

Zauf said he saw two young men – currently in police custody – being manhandled by plainclothes police officers and was urged by the people there to take video footage of the incident.

More plainclothes officers soon arrived on a police vehicle, he recounted, and one of the officers grabbed Zauf by the neck and asked him if he had a media pass.

Zauf said he was hauled into the van before he could respond.

The police took off with Zauf and three others, he continued, noting that the police officers used obscene language inside the vehicle.

The officers tried to intimidate the detainees and threatened to smash Zauf’s camera, he added.

The four young men were taken to the Hithadhoo police station and shoved and pushed up the stairs, Zauf said.

They were taken inside a room and made to kneel down facing the wall, he said. Everyone except Zauf was in handuffs.

A police officer asked Zauf to delete the pictures and videos on his camera while the others were beaten for about 20 minutes by the officers in plainclothes, he continued.

A second group of detainees were soon brought in and Zauf learned from them later that they were taken to the Hankede bridge and beaten.

Shortly after their arrival, Zauf said he was taken to a room for interrogation. Two officers then took him inside another room and forced him to undress.

After he took off his boxers, the officers forced Zauf to walk naked around the room twice. He was then kept facing the wall while an officer took videos from a mobile phone.

Zauf said he heard the police officers sniggering behind his back.

“I heard the police mocking and laughing at me while I made the two rounds. But I hung my head down and did not look at them,” Zauf was quoted as saying.

After he was allowed to sit down again, Zauf said the officers made him lift his arms up and down three times. When he emerged after being frisked, a statement was prepared and he was made to sign it without reading its content.

Zauf was kept kneeling down again and heard the second group being beaten.

A plainclothes officer gave Zauf his camera back after deleting his photos and videos. An officer had bitten and damaged the memory card on the camera.

Zauf said he saw police officers jump on handcuffs while the others were kept on their knees. Zauf saw an officer smash Aafaq’s head against the wall.

Another officer told one of the young men to cut his hair and threatened that he would do so by force, Zauf said.

Zauf was then handcuffed and placed in a cell with the others. The detainees were given a meal at around 9:40pm. All eight men were forced to sleep in handcuffs.

The detainees complained of impurities in the drinking water and was promised clean water the next day, Zauf said, adding however that he was not given clean water when he was released in the late afternoon the following day (Thursday, May 16).

MVYouth reported today that Zauf’s family has decided to send him to Male’ for counselling as the young man appears to have been traumatised by the experience.

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MDP launches agriculture policy: govt to buy, ship local produce

The Maldivian Democratic Party (MDP) launched its agriculture policy on Friday (May 18) in simultaneous events across 21 islands and two cities, pledging to establish a government-owned corporation to purchase local produce.

Speaking at a ceremony on the island of Kulhudhufushi in Haa Dhaal Atoll, former President Mohamed Nasheed said the Maldives could grow 44 percent of the foodstuff currently imported into the country, significantly decreasing its dependence on imports.

“God willing, when this policy is implemented, imported fruits and vegetables will decrease by 44 percent,” he said.

Of the MVR 245 million (US$15.8 million) worth of agricultural produce imported to the Maldives annually, Nasheed said, the country could produce foodstuff worth MVR 108 million (US$7 million).

The policy aims to introduce “agri-boats” to transport produce and eliminate barriers of entry and access to markets, Nasheed explained.

The agri-boats would ensure that farmers are paid immediately for their produce, which would otherwise remain unsold and left to spoil.

Two “agri-centres” would be set up across the country as market hubs for local produce, including Kulhudhufushi in the north.

A communications system was proposed to connect farmers to the agri-centers while harbour markets with cold storage facilities would be set up on 24 islands.

The government would also invest in large agriculture fields in farming islands, he continued, which would be provided facilities, expert guidance, hydroponic systems, water and electricity on an economically feasible scale.

A government-owned corporation would be set up to purchase local produce and sell the processed and “value-added” products to resorts and other businesses, Nasheed pledged.

Once the corporation becomes profitable, he added, the government would divest its majority stake and sell shares to the public.

In addition, the corporation would produce juices and syrups from unsold fruits that could be preserved for longer periods, he said.

Successful implementation of the policy would increase the income generated by farmers by 33 percent and increase the country’s productivity, Nasheed said.

The policy includes MVR 188 million (US$12 million) to be provided as agriculture loans through a development bank.

The mini-manifesto also proposed conducting training programmes for 1,000 farmers and creating 2,456 job opportunities.

According to the fourth mini-manifesto, the MDP government trained over 5,000 farmers as of 2011 and 11 farmers earned diplomas in agriculture.

A cooperative society was established to increase the participation of women in agriculture and special training programmes were conducted for women.

Through the MDP government’s economic reforms voted through in late 2011, import duties were completely eliminated for agricultural equipment and tariffs raised on some imported goods as a protectionist measure for local industries.

Mini-manifestos

As part of Nasheed’s re-election campaign, the MDP has been unveiling its manifesto as a series of mini-manifestos or detailed policies. The agri-business mini-manifesto follows the guesthouse/mid-market tourism policy, mariculture policy and worker’s rights policy.

Each policy was launched across a number of islands with panel discussions and information sessions conducted by MDP MPs and former cabinet ministers.

The policy on “empowered workers” launched on May 4 pledged the introduction of a minimum wage of MVR 4,500 (not applicable to small and medium-sized enterprises), 28 job creation programmes, “flexi-time” working hours for women, internships for students, career guidance facilities and provision of transport to workplaces.

The MDP contested the 2008 presidential election with a similar manifesto based on five main pledges: affordable housing, free universal healthcare, lower cost of living, a nationwide public transport network of ferries and policies to combat drug trafficking and abuse.

In November 2009, a Strategic Action Plan (SAP) was formulated with technical assistance from the United Nations Development Programme (UNDP) to outline a framework for implementation of the MDP manifesto.

The UNDP said in a statement at the time that it worked closely with the government and other UN agencies to formulate “a concrete results-based action plan within the framework of the Millennium Development Goals and human rights with clear targets, mandates, and the means of implementation.

“The evolving work on costing and monitoring and evaluation will ensure that the Manifesto pledges are successfully executed to significantly improve the quality of life of all Maldivians thereby sustaining the very foundation of the democracy in the country,” the UNDP stated.

“In our quest for a more prosperous Maldives, we remain unyieldingly committed to the principles of liberal democracy. We also believe that the full potential of our people may only be realised by relinquishing to our citizens greater control over their own destinies,” then-President Nasheed wrote in the foreword of the SAP.

“It is these two basic principles that animate our desire to have a small government that places greater emphasis on the marketplace and a more decentralised system of governance,” he wrote.

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GIP-DRP coalition not a third way; “two men with no other way”: Nasheed

The Dhivehi Rayyithunge Party (DRP) and President Dr Mohamed Waheed’s Gaumee Ihthihad Party (GIP) were forced to form a coalition to contest the upcoming presidential election out of necessity, former President Mohamed Nasheed has said, contending that the parties lacked grassroots support and comprehensive policies to represent “a third way” for voters.

Appearing on state broadcaster Television Maldives (TVM) Thursday night, Nasheed reiterated that power-sharing coalitions were not compatible with a presidential system of government.

The Maldivian Democratic Party (MDP) presidential candidate stated that the public wanted political parties to present policies that could deliver job opportunities, public transport, better healthcare and education, a higher standard of living and “a way to overcome anxiety over paying water, electricity and phone bills.”

“I do not see a citizen who wants ‘another way.’ What is the path to deliver this way [to development]? We do not hear [political parties] talking about that,” Nasheed said.

“We are presenting one path to that [development]. We believe MDP’s policies will bring prosperity to the people. I do not see this third way you referred to as ‘a way.’ I see it as two men with no other way. That is not a political philosophy,” he said.

Coalition agreements were made by politicians who wanted “power” in terms of cabinet posts and influence in the government, said Nasheed, observing that the parties in the current ruling coalition have yet to offer any policies.

Third way

Announcing its decision to back Dr Waheed’s presidential bid last week, DRP Leader Ahmed Thasmeen Ali said that the party believed voters should have a third alternative to what he contended were the “hardline and extreme” ideologies of the Progressive Party of Maldives (PPM) and the MDP.

“If the parties supporting President Waheed, DRP and other parties contest the 2013 presidential election separately, we believe that the vote will be split, the Maldivian people will not have a real opportunity, and there will be a chance for the past to be revived,” Thasmeen said at a press event on Sunday (May 12), referring to the three-year rule of MDP and the preceding 30-year reign of PPM figurehead, former President Maumoon Abdul Gayoom.

The DRP believed that “moderate” parties should join an alliance united behind President Waheed as a third option to MDP and PPM, said the MP for Kendhoo in Baa Atoll.

Earlier this year, the government-aligned Dhivehi Qaumee Party (DQP) and religious conservative Adhaalath Party both announced their intention to join a coalition with President Waheed’s GIP.

DRP Spokesperson Ibrahim Shareef told Minivan News last week that in the absence of a strong coalition, the PPM could face MDP in a second round run-off and “those of us in the middle ground would be forced to support the MDP.”

The PPM was a party that belonged to “one family, or a supreme leader,” Shareef said.

Meanwhile, responding to Nasheed characterising the coalition parties as “empty shells,” DRP Leader Thasmeen and President’s Office Media Secretary Masood Imad told local media today that the criticism showed the former president’s “concern” with the challenge posed by the coalition.

Masood claimed that the combined strength of numbers in Dr Waheed’s coalition would outstrip both the PPM and MDP before the election scheduled for September 7.

Dr Waheed’s GIP currently has 3,930 registered members while the DRP has 21,411 members, according to the Elections Commission (EC).

The MDP has 45,666 members followed by the PPM with 22,383 members. The two largest parties are also respectively majority and minority party in parliament.

Dr Waheed’s GIP does not have a single MP of the 77 in parliament or a single councillor out of more than 1,000 elected representatives on local councils.

2008 ‘Watan Edhey’ coalition

In his TVM appearance, Nasheed shed light on the rapid disintegration of the MDP-led coalition that took office in November 2008, agreeing that the power-sharing experience was “bitter.”

In the second round run-off in October 2008, MDP candidate Nasheed was backed by third placed candidate Dr Hassan Saeed and fourth placed candidate Gasim Ibrahim from the Jumhooree Party (JP), which was allied with the Adhaalath Party (AP) at the time.

Gasim however resigned as home minister 21 days into the MDP government while Dr Saeed resigned as special advisor after the first 100 days. The Adhaalath Party remained in government in control of the Islamic Ministry, but decided to sever its coalition agreement in late 2011 following a change of leadership.

Asked why the coalition fell apart, Nasheed first noted that Dr Saeed backed the MDP “unconditionally” and without a formal agreement.

“But after winning the election, [Saeed] secured posts for Dr [Ahmed] Shaheed and Dr [Mohamed] Jameel and secured positions in some government-owned companies for their people,” Nasheed alleged.

Gasim’s Jumhooree Party also secured cabinet posts, he added, stressing that all other parties agreed to endorse the MDP manifesto and implement its policies.

“The policies include, for example, public-private partnerships (PPP), opening up fishing,” he said. “Opening up fishing was a big problem for some people. And developing the airport and our other public-private partnerships were unacceptable to some people. And striking at resorts became completely unacceptable to some people. They felt if there was a strike at a resort, riot police should be sent immediately to put a stop to it.”

On November 30, 2008, police clashed with about 200 striking employees at the ‘One and Only’ Reethi Rah resort. Police were sent to the island by Home Minister Gasim at the request of the resort management.

Nasheed said that the “regrettable incident” occurred while he was in Fuvahmulah.

TVM visit

Nasheed’s appearance on the Raajje Miadhu programme marked the first time the former president has featured on the state broadcaster since the controversial transfer of power on February 7, 2012.

On February 7, the main compound of the now-defunct Maldives National Broadcasting Corporation (MNBC) was taken over by mutinying police and soldiers almost two hours before Nasheed’s resignation.

After briefly broadcasting live feed of Gasim’s Villa TV, the MNBC brand name was changed to TVM, its title under former President Gayoom.

Nasheed’s visit to the state broadcaster on Thursday night meanwhile prompted a flurry of tweets and Facebook posts by TVM staffers.

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Eight arrested following clashes with Special Operations police in Addu City

Additional reporting by Neil Merrett.

Police arrested eight individuals in the island of Maradhoo in Addu City yesterday (May 15) following clashes with Special Operations (SO) officers near a campaign office of the government-aligned Progressive Party of Maldives (PPM).

Police said in a statement that SO officers were dispatched upon receiving information that two rival groups were preparing for a gang fight.

“When police went to the scene at around 3:15pm [yesterday] and attempted to search the people there [for weapons], a group of people in the area threw rocks, inflicted varying degrees of injury to police officers and caused unrest,” the press release stated.

The eight men arrested during the disturbance for allegedly obstructing police duties included a 19 year-old, two 20 year-olds, a 21 year-old, a 22 year-old and two 27 year-olds, police said.

PPM MP Ahmed Nihan tweeted shortly after the arrests that clashes occurred with police following a complaint of loud music from the party’s youth office.

He today told Minivan News that although the PPM was in the process of collecting information on the incident, the party would not rule out the possibility that gang violence was behind yesterday’s clashes, playing down the possibility of political motivation behind the police action.

Nihan claimed that street fights between rival gangs from different neighbourhoods were common in Addu City, while also being symptomatic of growing “friction” between different political supporters ahead of this year’s presidential election.

“We can only rely on police accounts of the matter so far that this was a group of people fighting each other,” he said.

The clashes occurred in an area recently established by the PPM for young supporters, a policy that Nihan explained was designed to encourage youth engagement with its election campaign.

“We never thought anything like this would happen though,” he said.  “We believe that the rule of law must be upheld regardless of political colour.”

Nihan said older supporters had noted a “scattered group” of young people around the area where clashes later occurred.

PPM officials told Minivan News that a party supporters and another eyewitness had alleged police had attempted to raid the campaign area to perform a search, resulting in confrontations with some PPM members present in the area.

MP Nihan told Minivan News yesterday that party supporters and other witnesses had alleged that officers had arbitrarily detained party members.

“There is some confusion as to what has gone on, even in the party. Sources tell me many people were taken into custody for no reason,” he said at the time.

The PPM today also slammed supporters of the opposition Maldivian Democratic Party (MDP) over what it claimed were attempts to accuse the Maldives Police Service of using excessive force against members of the government-aligned party.

Special Operations (SO)

Former President Mohamed Nasheed also took to twitter to condemn “the actions of a few policemen who’ve arrested members of pol parties, used excessive force, violated the sanctity of their premises.”

Nasheed resigned on February 7, 2012 in the wake of a mutiny by SO officers, who have since been accused of using excessive force against demonstrators.

The police press release meanwhile stated that a group of people attempted to block the link road and had thrown rocks at police vehicles following the arrests.

Police also denied allegations in social media of brutality against women and children by SO officers.

Addu City Mayor Abdulla Sodiq said yesterday that he was aware of “confrontations” between police officers and a group of young people in Maradhoo, though he was awaiting exact details on the matter.

Sodig said that Maradhoo was traditionally a close knit community, with residents often standing by each other.

Newspaper Haveeru reported eyewitnesses as claiming that police beat people who chased them after rocks were thrown.

Photo from Addu Online

A resident of the house where the PPM office is located told the newspaper that police entered both the office and adjoining house, used pepper spray and threw people to the ground before taking them into custody.

He claimed that the situation turned violent when police asked a young man to lower his boxer shorts while searching him.

“He refused, started yelling and people gathered. Then verbal attacks were exchanged between the people and police and they started throwing rocks,” he was quoted as saying.

Community website Addu Online meanwhile reported that a crowd gathered in the area in the wake of the arrest to protest police brutality.

The demonstration was reportedly dispersed when SO officers returned to the area.

Local media reported later in the day that rocks were thrown at two police officers near the Hithadhoo regional hospital. The pair were however not hit by the projectiles.

Police also arrested an individual in Addu City last week for allegedly threatening to kill an officer.

Mayor Sodig told Minivan News earlier this month that 50 people were arrested in advance of a visit by President Mohamed Waheed on May 8, “and about 90 percent of those taken in were MDP [Maldivian Democratic Party] supporters”.

Police however denied making the arrests.

As part of an ongoing police operation in Addu to “keep the peace”, “lots of people were taken into custody and were released after their information was collected”, a police media official who spoke with Minivan News initially stated.

The official then refuted the statement, claiming that only one person was arrested in Addu City on May 7.

Mayor Sodig explained that the city council had requested the police “provide extra strength to increase numbers to about 30 per station.”

“The special operations team [responded by] sending their ‘star force’, but they don’t have their commander here. He’s not in control of this group or operations. Instead they are directly overseen by Male’ command,” said Sodig.

“That’s the reason why we don’t want them to continue,” he declared.

The task force consisting of 50 special operations police was started in January 17, 2013 and was supposed to end April 17, according to Sodig. However, the entire special operations force has remained in Addu City, targeting those allegedly involved in drug and gang issues.

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Revised penal code will “destroy Islam,” insists Sheikh Ilyas

A draft penal code under consideration by parliamentary committee will “destroy Islam” in the Maldives if the bill is passed in its current form, Sheikh Ilyas Hussain of the Adhaalath Party (AP) repeatedly insisted at parliament today.

The chair of the religious conservative AP’s scholars’ council and member of the Fiqh Academy was summoned to the committee after claiming that the draft legislation (Dhivehi) did not include Shariah penalties for fornication, apostasy and violent robbery.

“If it is passed, there is no doubt that there will be no religion in this Muslim society that claims to be 100 percent Muslim. There will be no Islamic punishments,” Sheikh Ilyas stated in a sermon delivered at the Furqan mosque in Male’ on March 23.

Sections of an audio recording of the sermon were played at the committee meeting today.

Ilyas however stood by the assertion and pointed to the bill specifying two years banishment as the punishment for fornication, instead of public flogging as prescribed in the Quran.

“Refusing [to incorporate] a single Hadd [fixed punishments specifically mentioned in Quran] is destroying Islam,” he said.

Other hudud crimes include murder, theft, highway robbery, consuming alcohol, apostasy and defaming a chaste woman.

Responding to Ilyas’ allegations, MP Ahmed Hamza, chair of the committee, noted that the draft penal code specifies as offences zina (fornication), theft, alcohol consumption and illegally toppling the government.

Following tense exchanges between Ilyas and MPs in a question and answer session, Hamza however conceded that “some [hudud] punishments” were not included in the draft legislation.

Hamza explained that a provision (article 1205) was added by the committee after the draft penal code was opened for public comment, under which sentencing persons convicted for premarital sex to 100 lashes is left to the discretion of judges.

Hamza also observed that a high degree of certainty is required in Islamic Shariah to convict a person of a hudud crime, such as four witnesses to prove fornication.

The hudud punishments were not incorporated because the Maldivian judiciary does not have the competence and public confidence to deliver fair judgments, Hamza said.

“I believe that our justice system has not developed to the level of establishing hadd,” he said, adding that the Prophet’s (pbuh) sayings advised against meting such punishments if there was the slightest doubt.

The six-member select committee reviewing the revised penal code includes MPs Ahmed Hamza, Imthiyaz Fahmy and Nazim Rashad from the Maldivian Democratic Party (MDP), MPs Abdul Raheem Abdulla and Abdul Azeez Jamal Abubakur from the Progressive Party of Maldives (PPM) and MP Ahmed Mohamed (Vice Chair) from the Dhivehi Rayyithunge Party (DRP).

A revised penal code was submitted to parliament in late 2009 to replace the existing law put in place in the 1960s. The bill has since been at committee stage.

The initial draft of the penal code was prepared by legal expert Professor Paul H Robinson and the University of Pennsylvania Law School of the United States, upon the request of the Attorney General in January, 2006. The project was supported by the United Nations Development Program (UNDP).

Professor Robinson’s team have published two volumes (Volume 1 and Volume 2) consisting of commentaries on sections of the draft legislation.

“The author’s review suggests that the Maldivian criminal justice system systematically fails to do justice and regularly does injustice, that the reforms needed are wide-ranging, and that without dramatic change the system and its public reputation are likely to deteriorate further,” Professor Robinson wrote in his summary conclusion.

Fitna

At today’s meeting, MDP MPs accused Ilyas of “lying” and misleading the public when he swore by God during his sermon that Shariah punishments were not included in the revised penal code.

MP Imthiyaz Fahmy said he deeply regretted Ilyas’ remarks in his sermon that implied that members of the committee were not Muslims.

“I am aware that I am a Muslim, not because of any relation between myself and Sheikh Ilyas,” Imthiyaz said. “I am a Muslim because of a connection from the bottom of my heart to God.”

Inciting religious hatred was a crime under both domestic and international law, he added.

DRP MP Ahmed Mohamed said that the first draft of the bill was in conflict with Islamic Shariah but the committee has made significant changes at the advice of religious scholars.

He went on to defend the committees’ efforts in reviewing the bill in consultation with state institutions, religious scholars, legal experts and the Islamic Ministry.

PPM MP Abdul Azeez Jamal Abubakur meanwhile asked Ilyas why he chose to make allegations in public and sow discord instead of sharing his concerns with the committee.

He stressed that the review process was ongoing with the input of experts and religious scholars.

“When you say this is a law intended to destroy Islam, what happens is that we face threats,” he said. “People who love religion even called us kafir (non-believers) at the time. So this is a dangerous matter.”

The PPM MP for Laamu Maavah also disputed Ilyas’ claim that the bill did not specify consensual sex between adults as an offence.

In response, Ilyas said it was his duty to inform the public after the committee invited views and comments as most people were not well-informed on religious issues.

Ilyas also objected to a provision (article 411) exempting a woman from being lashed even if she confesses to fornication, if the man denies it and four witnesses are not produced.

“This is definitely against Islamic Shariah,” Ilyas said, adding that a confession at court should lead to punishment.

Sheikh Ilyas argued that such provisions contravened the constitution as article 10 stated that no laws contrary to any tenet of Islam shall be enacted in the Maldives.

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PPM condemns sacking of Dr Jameel, declares continuing support for government

The Progressive Party of Maldives (PPM) has declared it will continue to support and cooperate with the administration of President Dr Mohamed Waheed, despite condemning the “harsh and abrupt” sacking of Home Minister Dr Mohamed Jameel Ahmed.

Jameel was dismissed from his post two days after being unveiled as the running mate of PPM presidential candidate Abdulla Yameen last week.

The President’s Office has this week maintained that as Dr Jameel was a presidential appointee to the home minister role, his decision to stand as a direct rival to President Waheed in the upcoming election made his position untenable.

In a press release issued Sunday (May 12) following an emergency meeting of the PPM council in Addu City, the largest party in the current coalition government expressed “concern and regret” over President Waheed “sacrificing national interest” to serve his presidential ambitions.

“As you would recall, while the new government was at a critical juncture, Dr Mohamed Jameel Ahmed was appointed minister of home affairs for his competence, daring as well as academic and legal talents; and not under any circumstances in consideration of a party,” the press release stated.

It added that Dr Jameel served President Waheed faithfully and had won the respect of the security services and the public.

“Despite President Dr Mohamed Waheed Hassan Manik prioritising self-interest at this time, PPM will always prioritise national interest. To that end, continuing to support the government on behalf of the beloved people of the Maldives until the end of the upcoming presidential election and completion of Dr Mohamed Waheed Hassan Manik’s presidential term is PPM’s aim,” the press release continued.

The PPM council’s statement concluded with the assurance that the party would not consider any course of action that could lead to political turmoil and unrest.

The sacking of Dr Jameel fueled speculation that the minority party in parliament could withdraw its support of the governing coalition.

Despite its decision to back the government, the PPM council decided that President Waheed’s recent trips out of Male’ constituted campaigning with state funds and appealed to its members not to welcome the president during his visits to islands.

Speaking at a press conference in Addu City following the council meeting, MP Ahmed Mahloof said the party was concerned that the president’s “self-interest” dictated the sacking of Home Minister Jameel.

Mahloof claimed that 90 percent of people who had greeted President Waheed during his trips to islands were PPM members.

“From now on PPM members will not come out during the president’s trip to islands. We cannot provide cooperation when he is campaigning at the state’s expense,” he said.

Responding to the PPM decision, Political Affairs Advisor to the President Ahmed ‘Topy’ Thaufeeg told Sun Online this week that people greeting the president in his visits were not “puppets” of political parties.

“President Waheed is accepted by the people as their president. He has gained the people’s support. People went out to welcome and support former President Maumoon, also because he was a good person. Similarly, President Waheed receives support because he is accepted by the people and because he is a good person. The people are not asked to do this by parties. This is sincere support by the Maldivian people,” he was quoted as saying.

On Sunday, President’s Office Media Secretary Masood Imad told Minivan News that both President Waheed and Dr Jameel understood the reason for his dismissal as home minister. Masood added that no other PPM cabinet members would be affected by the decision.

“I don’t think there would be a need to throw out other PPM members from the cabinet, that is unless they themselves wished to resign from their positions,” he said.

Masood said at the time that the PPM had continued to offer their support to the current government even after Dr Jameel’s dismissal. He added that any other cabinet appointees who decided to stand directly against President Waheed in the upcoming elections would also be required to leave their posts to prevent possible conflict of interests – regardless of their party affiliation.

Coalition

Meanwhile, speaking to press on Tuesday upon returning from campaigning in Addu City, former President Maumoon Abdul Gayoom said President Waheed’s coalition did not pose a threat to PPM’s presidential bid.

The PPM figurehead and leader argued that power sharing coalitions were not a feature of presidential systems, such as in the United States.

The party also does not accept that Dr Jameel was dismissed because of a potential conflict of interest, Gayoom said.

“Our PPM members are also in cabinet because we want to serve the public. It is not a coalition government formed to support a particular individual who is running for president,” he was quoted as saying by local media.

Gayoom’s remarks followed an announcement by the government-aligned Dhivehi Rayyithunge Party (DRP) of a formal coalition with President Dr Waheed’s Gaumee Ihthihaad Party (GIP) ahead of the presidential election in September.

GIP Spokesperson Abbas Adil Riza told Minivan News yesterday (May 14) that the party was confident the alliance backing Dr Waheed could defeat the two largest parties – PPM and the opposition Maldivian Democratic Party (MDP).

PPM MP Ahmed Nihan however insisted that even if the president’s coalition included all other political parties in the country, the election will remain a contest between the rival ideologies of former President Mohamed Nasheed and former President Gayoom.

“Just 48 hours ago we concluded a meeting in Addu Atoll, one of the largest areas in the country outside of Male’. Given the numbers of people we met there, it is clear there are only two parties,” he said yesterday.

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