Home Minister Dr Mohamed Jameel Ahmed has been sacked from the cabinet by President Dr Mohamed Waheed, two days after he was unveiled as the running mate of the government-aligned Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen.
“I am being informed by HEP Dr Waheed that I have been dismissed from my post as Home Minister for joining PPM & becoming running mate,” Jameel tweeted today.
Jameel added that he remained “determined to serve the nation” and expressed gratitude to President Waheed and the cabinet “for the opportunity I received to work together.”
“I extend my well wishes to HEP Dr Waheed and his team’s attempt to win the upcoming election which PPM will also attempt to win and succeed,” he wrote.
Dr Jameel is currently campaigning with PPM presidential candidate Yameen in Addu City.
In August 2007, then-Justice Minister Jameel along with then-Attorney General Dr Hassan Saeed resigned from former President Maumoon Abdul Gayoom’s cabinet citing obstruction of political reforms and launched the latter’s presidential campaign.
After Dr Saeed came third in the first round of the October 2008 presidential election, the former ‘New Maldives’ ministers “unconditionally” backed Maldivian Democratic Party (MDP) candidate Mohamed Nasheed in the second round run-off against Gayoom.
The pair were appointed special advisor to the president and minister of civil aviation and communication, respectively, in the MDP-led government that took office in November 2008.
Jameel was however sacked as civil aviation minister on May 31, 2009 following public criticism of the government ahead of the parliamentary elections earlier that month, which was also contested by Jameel’s Dhivehi Qaumee Party (DQP).
“Some people say he was a bit abrasive,” President Mohamed Nasheed’s press secretary told Minivan News at the time.
Fraying coalition
Prior to Jameel’s dismissal, President’s Office Media Secretary Masood Imad told the press that having a rival candidate’s running mate as the home minister would create a conflict of interest.
In addition to the PPM, the other main parties in the ruling coalition have fielded presidential candidates, including MP Ahmed Thasmeen Ali from the Dhivehi Rayyithunge Party (DRP) and tycoon MP Gasim Ibrahim from the Jumhooree Party (JP).
Dr Hassan Saeed’s DQP and the religious conservative Adhaalath Party have meanwhile entered a formal coalition with Dr Waheed’s Gaumee Ihthihaad Party (GIP).
Speaking at Thursday night’s PPM ceremony to unveil Dr Jameel as running mate, former President Gayoom reportedly said that a sitting president should not be allowed to seek re-election if a serving cabinet minister could not become another candidate’s running mate.
On the same night, DRP Leader Thasmeen said at a rally on the island of Thulusdhoo in Male’ atoll that the party was concerned with Dr Jameel’s administration of the home ministry.
The former minority leader of parliament said that the DRP could have worked with the opposition MDP to pass a no-confidence motion against the home minister but the party instead “prioritised national interest.”
Jameel’s dismissal also follows friction between the PPM – the largest party in the governing coalition – and President Dr Waheed.
MP Abdulla Yameen told newspaper Haveeru last week that some PPM members were joining Dr Waheed’s party.
Yameen expressed disappointment with Mohamed Naseer, brother of slain PPM MP Afrasheem Ali, actively working with Dr Waheed’s GIP after the PPM campaigned to elect Afrasheem’s younger brother Ibrahim Ameen to parliament.
President Dr Mohamed Waheed Hassan Manik ratified the fiscal responsibility bill on Monday (May 6) and issued a decree to delay the enforcement of 22 provisions that require specific guidelines for implementation.
“The Act ensures accountable, transparent and sustainable government implementation of the state fiscal policy,” according to the President’s Office website.
Following ratification and publication of the Act in the government gazette, President Waheed issued a decree in accordance with article 39 of the Act (Dhivehi), which authorises the president to delay enforcement of any provision of the law by one year if it requires rules or a mechanism to be set up before implementation.
The executive decree issued on Monday delayed the enforcement of articles 10 to 28 and 32 to 34 of the Act.
The new law sets limits on government spending and public debt based on proportion of GDP, stipulating that public debt must not exceed 60 percent of GDP from January 1, 2014.
Moreover, borrowing from the central bank or Maldives Monetary Authority (MMA) to manage the government’s cash flow should not exceed one percent of the average revenue for the past three years, while such loans would have to be paid back in 91 days at the market interest rate.
The provision was however among the 22 postponed for the next 12 months, which also included sections requiring the government to submit statements or reports to parliament outlining its fiscal strategy, debt repayment plans and budget position.
The ratification of a law on fiscal responsibility comes amidst concern over soaring levels of public debt, which is projected to reach MVR 31 billion (US$2 billion) or 82 percent of GDP by the end of 2013.
Nominal GDP in 2012 was MVR 34 billion (US$2.2 billion).
Economic growth in 2013 is meanwhile forecast at 4.3 percent, down from 7.1 percent growth in 2010 and 7 percent in 2011.
An International Monetary Fund (IMF) mission in November 2012 explained in a statement that economic growth slowed to 3.5 percent last year on the back of “depressed tourist arrivals earlier in the year and weak global conditions,” which have been “only partially offset by strong performance in construction and fisheries-related manufacturing.”
According to figures revealed by the Finance Ministry in December 2012, nominal GDP in 2011 was MVR31,447 million (US$2 billion) while the estimate for 2012 was MVR34,148 million (US$2.2 billion).
Real GDP in 2011 was MVR20,461 million (US$1.3 billion). Nominal GDP per capita in 2012 was estimated to be MVR 80,260 (US$5,206) per annum.
Real GDP measures the value of all goods and services produced in a country expressed in the prices of a base year – 2003 in the Maldives.
The Finance Ministry also revealed that the ‘total external public and public guaranteed debt’ was estimated to reach MVR 13.7 billion (US$888 million) in 2012.
Of the MVR 4.1 billion (US$330 million) of the loan assistance spent in 2012, more than 50 percent was from multilateral financial institutions and 28 percent from bilateral donors.
A total of MVR 1.9 billion (US$123 million) from loan assistance has been spent for various projects in 2012 while the rest was spent for budget support.
As of September 2012, MVR 561 million (US$36.4 million) was received as budget support – US$16 million from the Asian Development Bank and US$20 million from a standby credit facility extended by the Indian government.
Moreover, the government spent more than MVR 1 billion (US$64.8 million) in 2011 and MVR 1.1 billion (US$71.3 million) in 2012 to service foreign debts as interest and repayments.
The figure was expected to remain the same in 2013.
In addition, the government spent MVR 660.5 million (US$42.8 million) in 2011 and MVR 2 billion (US$129.7 million) in 2012 to service domestic debts.
Government spending on loan repayment and interest payments was expected to reach MVR 3.1 billion (US$201 million) in 2012.
Including an estimated MVR 13 billion (US$843 million) in domestic debt, the total public debt is expected to reach MVR 27 billion (US$1.7 billion) in 2012 and MVR 31 billion (US$2 billion) in 2013 – 82 percent of GDP.
The Maldives Police Service (MPS) made an announcement on Sunday seeking recruits for the “special constabulary” reserve force to be established this year.
Commissioner Abdulla Riyaz informed press last week that President Dr Mohamed Waheed has formally authorised the creation of the reserve force, which was provided for in the Police Act enacted in 2008.
“All persons recruited for the police reserve force would have to complete the police basic training course. And all who pass the training and are awarded certificates upon completion would have to take the oath of a police officer,” according to police media.
Applicants must be aged 18 to 35 and should have completed secondary education, it added, while male applicants must be taller than 5 feet 3 inches and female applicants taller than 5 feet.
Application forms along with regulations on the special constabulary are available from the police website. The deadline for submission is May 16.
A reserve force of part-time officers is used in a number of countries as an auxiliary force to be called upon to assist the regular police force.
Commissioner Riyaz meanwhile told local media that the reserve force would create “employment opportunities for youth.” Reserve officers could take other jobs, he explained, but would be subject to police codes of conduct and ethics.
Reserve officers would have the same privileges and powers and receive the same benefits as regular officers, he added.
According to the regulations (Dhivehi) governing the special constabulary, employees of the reserve force would be paid 85 percent of the salary of a regular police officer of the same rank. Reserve officers would be required to work at least 192 hours a month.
Recurrent expenditure
Following the controversial transfer of presidential power on February 7, 2012 in the wake of a police mutiny, more than 1,000 officers were given promotions and double promotions while plans were announced to recruit 200 new officers.
During the parliamentary debate on the state budget proposed for 2013, Maldivian Democratic Party (MDP) MPs criticised budgeted salary increases for military and police officers as well as plans to hire 800 new officers for the security services.
The government’s wage bill was projected to increase by 37 percent in 2013 as a result of hiring more employees.
MDP MP Eva Abdulla claimed during the budget debate that the police and army hired 250 and 350 new staff respectively in 2012.
Consequently, the institutions spent more than MVR 75 million (US$4.8 million) in addition to the approved budgets for 2012, she claimed.
Meanwhile, in its professional opinion on the budget submitted to parliament, the Auditor General’s Office observed that compared to 2012, the number of state employees was set to rise from 32,868 to 40,333 – resulting in MVR 1.3 billion (US$84.3 million) of additional expenditure in 2013.
This anticipated increase included 864 new staff to be hired by the security services, a report by the Auditor General’s Office noted.
In light of “existing inefficiencies” in the state, the Auditor General contended that hiring more staff for various independent institutions would be “a waste of public funds” as it would divert resources from service provision and development projects.
Finance Minister Abdulla Jihad meanwhile sought authorisation from parliament last month to divert MVR 650 million (US$42 million) allocated for infrastructure projects in the budget to cover recurrent expenditure.
More than 70 percent of the state budget is allocated for recurrent expenditures, including salaries, allowances and administrative costs. Of the MVR 12 billion (US$778 million) in recurrent expenditure, 59 percent – 42 percent of the total budget – was to be spent on state employees.
The former ruling Maldivian Democratic Party (MDP) has strongly condemned “irresponsible and misleading” political rhetoric against former President Mohamed Nasheed over his remarks on Islamic radicalism during an address to the Danish parliament.
“Misleading” statements were made in the media by political parties and “those wearing the hat of sheikhs to use religion as a weapon,” the MDP said in a press release yesterday (April 30).
“The party believes that this is done to sow discord, unrest and chaos in this peaceful Maldivian land,” the opposition party said.
The condemnation follows a statement by the religious conservative Adhaalath Party (AP) earlier this week accusing the MDP presidential candidate of labeling Muslims as “extremists,” insulting Islam and allegedly portraying himself as “a warrior engaged in a mighty effort against Islam, to please the people of false religions.”
The government-aligned religious party had reiterated its claim that former President Nasheed was pursuing “a secular agenda” with support and encouragement from “missionaries of false religions.”
The self-titled ‘National Movement’ led by the Adhaalath Party meanwhile protested on the streets of Male’ on Monday night (April 29) calling for Nasheed to be “hanged” for apostasy.
The movement was born out of the unofficial December 23, 2011 coalition of eight political parties – now part of the coalition government of President Dr Mohamed Waheed – and an alliance of NGOs that rallied at a mass gathering to “defend Islam” from Nasheed’s allegedly liberal policies.
On the same night as the national movement’s protest, former President Maumoon Abdul Gayoom contended that Maldivians faced a choice between a secular, anti-national ideology and an Islamic-nationalistic ideology best represented by his Progressive Party of Maldives (PPM).
In a thinly-veiled reference to the MDP, Gayoom accused the former ruling party of trying to impose Western secularism on the Maldives to “put the country in control of an anti-Islamic organisation.”
The government-aligned PPM also claimed that Nasheed “shamed the nation” with his allegedly anti-Islamic remarks.
“A former president of a 100 percent Islamic nation speaking in such a fashion, insulting the religion of Islam and mocking Prophet Muhammed is a derogatory act that brings disgrace to the country in front of other Islamic nations,” the largest party in the ruling coalition said in a statement.
“Reformation”
At a question and answer session following his lecture at the Denmark parliament last month, former President Nasheed said that the spread of radical Islam or Wahhabism throughout the Middle East and East Asia was “very worrying.”
“This is not Islam necessarily but more a Hejaz or Saudi thinking – their culture. And it is an idea to impose that culture upon all Islamic societies. And I’m afraid that the spread of that thinking is very, very rapid, partly because we haven’t stood up and given an alternative narrative,” Nasheed explained in response to a question asking for his viewpoint on the struggle between “progressives and reactionaries” within Islam.
Nasheed added that moderates have not offered “a proper narrative that can counter the radical Islamic viewpoint.”
“Now, what the radicals are doing, they have an answer for everything, anything. You can ring up in the middle of the night and say, ‘Sheikh, I’m not able to sleep.’ And then the Sheikh would give you a hadith (Prophet’s sayings) and a revelation on what the Prophet did and what God has prescribed on sleeping in the middle of the night and then you go back to sleep,” Nasheed had said, prompting the allegations this week that the remarks constituted a mockery of Islam or the Prophet Mohamed (pbuh).
“We don’t a helpline. We don’t have an alternative narrative,” he said, adding that moderate Muslims should propagate “the actual version of Islam.”
Nasheed suggested that Islam needed “a reformation” similar to the Protestant Reformation of the 16th century.
“Because Maldives is a very Islamic country, apparently, it is able to play a very important role in the spread of these religious ideas. And similarly, I believe that with proper democracy in the Maldives we can play a very important role as a counter to the reformation, or rather the Jesuits have to come up quickly,” he said.
The MDP meanwhile said in its statement that it was “regrettable” that local sheikhs were “providing misleading and false information” to the public for “short-term” political purposes, which was leading to loss of respect for religious scholars in Maldivian society.
Former President Nasheed called on moderate Muslims to stand up against extremism, the press release stressed.
The MDP noted that accusing a fellow Muslim of apostasy was forbidden in Islam.
Former President of the Adhaalath Party Sheikh Hussain Rasheed Ahmed, who recently joined the MDP, was quoted in the party’s statement as saying that the sheikhs were more deserving of the “laadheenee” (irreligious or secular) label as the alleged coup d’etat they orchestrated was also haram (prohibited) in Islam.
The MDP statement called on all parties to be more “responsible” while making statements concerning religion.
As Islam was a “moderate” religion based on peace and fraternity, the party appealed for politics to be kept out of religious debates.
Meanwhile, speaking at a campaign rally on the island of Meedhoo in Dhaalu Atoll on Monday night, Nasheed said that the laadheenee (secular) label was used by the then-opposition as a false pretext to topple the government.
The allegation was “saddening” and “worrying” as the members of MDP were also brought up as Muslims and taught Islam just as any other Maldivian, Nasheed said.
The belief that the “only path for salvation in this life” was following the principles of Islam was deeply-rooted “in the bottom of our hearts,” he added.
“God willing, we will remain upon that belief and no policy will be formulated or implemented in the Maldives any other way,” he said.
In a speech the previous night in Faafu Bilehdhoo, Nasheed said Adhaalath Party scholars “sold out Islam” to bring about a coup d’etat on Febraury 7, 2012.
Islamist-backed coup
In his lecture in Denmark, Nasheed argued that “the Islamists were never a credible electoral threat.”
“The Islamic extremists also didn’t like the Maldives’ new democracy because they were unpopular. They failed to win the Presidential elections in 2008, they failed to win local government elections – in 2011 they won less that four percent of the vote. But now, after the coup, extremists have been rewarded with three cabinet positions in government, and in many ways set the tone of government communications. They are busy trying to indoctrinate people with a misguided version of Islam,” Nasheed said.
In its statement, the Adhaalath Party objected to Nasheed implying that the party had “no influence or power,” insisting that the former president “feared” the religious conservative party.
The party accused Nasheed of “placing idols” in Maldivian lands – a reference to the SAARC monuments gifted to the country by other South Asian nations during the 2011 SAARC Summit hosted in Addu Atoll – and of “giving our assets to foreigners” – a reference to the concession agreement to manage and upgrade the international airport granted to Indian firm GMR.
Nasheed meanwhile pledged to “remove the Islamist rhetoric from the official discourse” for the Maldives to become a more tolerant, liberal society.
He went on to accuse the former dictatorship of organising the alleged coup d’etat on February 7, 2012 “because they could see the edifice of their economic and political power crumbling.”
“It was crumbling because Maldivians had rejected authoritarianism, rejected feudalism and largely rejected Islamic extremism,” Nasheed said.
Finance Minister Abdulla Jihad sought authorisation from parliament yesterday (April 29) to divert MVR 650 million (US$42 million) allocated for infrastructure projects in the budget to cover recurrent expenditure.
Appealing for approval from parliament’s Finance Committee, Jihad revealed that by the end of the first quarter of 2013, offices have exhausted the yearly budget provided for recurrent expenditure, which includes salaries, allowances and administrative costs.
Jihad warned that government offices and independent institutions might be unable to pay wages or utility and phone bills if funds were not transferred from the MVR 1.8 billion (US$117 million) Public Sector Investment Program (PSIP).
“If not we will see people gathered and queuing outside the finance ministry,” Jihad was quoted as saying by newspaper Haveeru.
Responding to Jihad’s request, Finance Committee Chair MP Ahmed Nazim reportedly said he did not believe such a significant alteration to the budget could be approved at the Majlis committee level.
The Finance Ministry meanwhile issued a circular (Dhivehi) yesterday instructing government offices to cancel all overseas trips for the rest of the year with the exception of study tours, training courses and all-expenses covered trips funded by foreign parties.
The decision was approved by the cabinet as an austerity measure to reduce government expenditure, the circular stated.
Jihad told Minivan News at the time that infrastructure projects that have not yet started would be postponed in an attempt to ease cashflow issues.
The move followed parliament’s rejection of government-sponsored legislation to raise the airport service charge to US$30, which was among a raft of measures proposed by the Finance Ministry in the estimated 2013 budget to raise MVR 1.8 billion (US$116 million) in new income.
Other measures included hiking Tourism Goods and Services Tax (T-GST) to 15 percent from July 2013 onward, leasing 14 islands for resort development, raising tariffs on oil, introducing GST for telecom services, and “selectively” reversing import duty reductions.
Jihad told local media following the defeat of the bill to raise the departure tax on outgoing foreign passengers that the revenue raising measures were necessary to manage the state budget.
He confirmed to Minivan News at the time that the government was in the process of formulating a supplementary budget to be put before parliament.
Recurrent expenditure
Jihad meanwhile told MPs on the Finance Committee yesterday that the proposed transfer of funds out of the development budget was necessary before a supplementary budget could be submitted.
“If we do not do this we will not be able to manage the budget at all in the coming days,” he said.
Jihad contended that funds under the budget code for recurrent expenditure were running so low because parliament passed the proposed budget with large cuts to that item.
The budget items that the committee made cuts to included overtime pay (50 percent), travel expenses (50 percent), purchases for office use (30 percent), office expenditure (35 percent), purchases for service provision (30 percent), training costs (30 percent), construction, maintenance and repair work (50 percent) and purchase of assets (35 percent).
The committee also instructed the Finance Ministry to reduce an additional MVR 605.7 million (US$39.2 million) from office budgets.
However, the committee added MVR 389 million (US$25.2 million) for infrastructure projects such as harbours, sewerage and water for islands.
President Waheed claimed that parliament had removed funds allocated for repair work in the budget.
“It has been cut [from the budget]. But equipment still has to be repaired even by transferring [funds] from another budget line. But the finance minister does not have the flexibility to do that as much as he used to have. It is done under the supervision of the Finance Committee,” he said.
The government was consequently facing difficulties in providing essential services to the public, Dr Waheed said.
The president and his cabinet were vested with the authority to run the government by both the constitution and voting public, he observed.
The present situation was however the result of “others trying to run the government” instead of the executive, he contended.
“I think that suffices for what I have to say,” Dr Waheed said.
Meanwhile, MP Abdulla Yameen, presidential candidate of the Progressive Party of Maldives (PPM) – the largest party in Dr Waheed’s ruling coalition – reportedly said at a ceremony last night that it would be difficult to accomodate the government’s request to reallocate MVR 650 million for recurrent expenditure.
Professional opinions
In December 2012, the Auditor General’s Office and the Maldives Monetary Authority (MMA) submitted professional opinions on the US$1 billion budget proposed by the Finance Ministry.
The central bank warned that the projected deficit in the 2013 budget was likely to adversely affect the foreign exchange market and foreign currency reserves while the Auditor General’s Office expressed concern with formulating the PSIP without either a national development plan or population consolidation policy..
Auditor General Niyaz Ibrahim observed that of the estimated MVR 12 billion (US$778 million) of recurrent expenditure, MVR 7 billion (US$453.9 million) would be spent on employees, including MVR 743 million (US$48 million) as pension payments.
Consequently, 59 percent of recurrent expenditure and 42 percent of the total budget would be spent on state employees.
“We note that the yearly increase in employees hired for state posts and jobs has been at a worrying level and that sound measures are needed,” the report stated. “It is unlikely that the budget deficit issue could be resolved without making big changes to the number of state employees as well as salaries and allowances to control state expenditure.”
The Auditor General’s Office contended that “major changes” were needed to right-size the public sector and “control the salary of state employees and expenditure related to employees.”
The report observed that compared to 2012, the number of state employees was set to increase from 32,868 to 40,333 – resulting in MVR 1.3 billion (US$84.3 million) of additional expenditure in 2013.
This anticipated increase included 864 new staff to be hired by the Maldives Police Service (MPS) and Maldives National Defence Force (MNDF), the report noted.
In light of “existing inefficiencies” in the state, the Auditor General contended that hiring more staff for various independent institutions would be “a waste of public funds” as it would divert resources from service provision and development projects.
“Moreover, we note that increasing the number of employees would lead to an increase in office expenses and expenditure on employees’ retirement and pensions, decrease the number of people left to do productive work in the private sector (decrease the labour force), and slow the growth of the country’s economy,” the report stated.
Details of the state’s wage bill included in the report showed that MVR 187 million (US$12 million) was budgeted as salaries and allowances for 545 political appointees in 2012.
In addition, MVR 1.98 billion (US$128.4 million) was to be spent on 18,538 civil servants; MVR 999 million (US$64.7 million) on 6,244 police and army officers; MVR 362 million (US$23.4 million) on 1,455 elected representatives and attendant staff; MVR 485 million (US$31.4 million) on 3,372 employees of independent institutions; and MVR 345 million (US$22.3 million) on 2,714 contract staff.
In January 2013, parliament’s Government Oversight Committee heard testimony from six of the highest-ranking officers of the police and military for its review of the Commission of National Inquiry’s (CoNI’s) report into the transfer of presidential power on February 7, 2012. Minutes of the closed-door sessions (Dhivehi) along with audio recordings were made public on January 16, 2013.
Following is a translated summary of the testimony from former Chief Superintendent of Police Mohamed Jinah to the oversight committee on January 11, 2013. Jinah, then head of the Drug Enforcement Department (DED), was sacked from the police service two days later.
On the night of February 6, 2012, Jinah arrived at the police headquarters around 10:30pm. As he was due to leave the country for medical purposes the following night, Jinah went to finalise administrative matters concerning his leave of absence.
Jinah went up to the executive room on the fifth floor to find Chief Superintendent Mohamed ‘MC’ Hameed, who was then head of police intelligence. Hameed was there with other intelligence officers monitoring live CCTV footage from the artificial beach.
Jinah saw opposition protesters and ruling party supporters facing off and throwing rocks at each other. Hameed was upset with the withdrawal of riot police.
Jinah stepped out to the foyer and met Commissioner of Police Ahmed Faseeh. The commissioner informed him that President Mohamed Nasheed had ordered the Specialist Operations (SO) officers to be withdrawn. Jinah told the commissioner that “something big” must have happened for the president to issue such a command.
Hearing a loud commotion, Jinah went downstairs and saw SO officers filing into Republic Square. They were shouting and gathering at the helipad area.
Jinah began working with intelligence chief Hameed to find out what was happening. They soon learned that rogue SO officers had assaulted government supporters at the artificial beach and ransacked the ruling Maldivian Democratic Party’s (MDP’s) Haruge (meeting hall).
Upon learning that the military was preparing to arrest the rogue police officers, Jinah warned the police deputy commissioners of dire consequences should a violent confrontation occur between the security services. Jinah advised approaching the protesting police “professionally and wisely” to negotiate. However, none of the senior officers had command and control at the time and Commissioner Faseeh was inside military headquarters.
Jinah saw soldiers form ranks and prepare to charge only to withdraw every time, appearing reluctant to confront the mutinying police. “I did not fully believe even then that the soldiers didn’t know how or were unable to do it.”
At 7:30am, Jinah and Hameed called Faseeh and attempted to arrange a meeting with the SO commanders at the commissioner’s office. A senior SO officer named Ahmed Abdul Rahman was to be present as a witness.
While the communications were ongoing, Jinah heard clashes erupt at the Republic Square and saw from the foyer window tear gas canisters being thrown. The mutinying police clashed with soldiers. During the confrontation, some soldiers joined the mutiny.
Jinah and Hameed were at the conference room when they heard loud clamouring from inside the headquarters. When they stepped outside, Jinah saw a group of officers holding back the door to the (executive) officer’s block.
“They were blocking the door and said [the mutinying officers] were coming threatening to kill.” The junior officers vowed that the mutinying police would have to kill them to enter the conference room.
“I said, ‘you don’t have to die. They don’t have to die either. What is this talk of dying? Open the door.’ Then when I asked a bit angrily they opened the door.”
Mutinying officers outside were claiming that MDP activists had killed a police officer and set fire to several buildings. Jinah learned later that none of the claims were true. But at the time an officer was crying and claiming that an iron rod was shoved into the victim’s neck.
“The way he said it a police officer was speared like a fish. So the boys gathered there were enraged.”
A group of SO officers then forcibly dragged Jinah and Hameed away, shoving and beating the senior officers. Jinah noticed that a junior officer named Shifau appeared to be in charge. Shifau had “a closet full of disciplinary records.”
Shifau grabbed him by the cuff and complained about a disciplinary committee hearing where he was questioned by Jinah. Another group of police arrived and drew the pair apart. Jinah and Hameed were kept aside for about 45 minutes.
They heard groups of mutinying officers armed with iron rods calling for Faseeh and other senior officers, threatening to kill. One group found Jinah and Hameed and dragged them away, pushing and shoving. Hameed however managed to escape and ran to the fourth floor.
Jinah also wriggled free and hurried to his office on the third floor. Jinah saw that the drug storage “strong room” next to his office was open and its lock destroyed. All the illegal narcotics seized by police were stored there.
“The door was smashed. So in truth the place where the drugs were stored was on sale that day. The place was open for anyone to enter and take anything they want.”
“Then I ran inside my office and was locking some documents and personal belongings inside a drawer when they came and broke down the door.”
The harddisk on Jinah’s computer along with some confidential case files have since not been recovered.
The mutinying officers shoved and pushed Jinah down the stairs. He was taken inside the Gaazee building and kept there for about an hour, after which Shifau and two other officers came with handcuffs.
“They said my hands will be cuffed behind the back. I said you can’t do it behind. You should kill me if you want cuff my hands behind my back.”
The mutinying officers discussed amongst themselves and said OK. They cuffed Jinah’s hands in front and led him outside, all the while shoving and beating him with their boots.
A group of Progressive Party of Maldives (PPM) activists joined the mutinying officers escorting Jinah. Both the civilian group and mutinying officers called for Jinah to be mobbed and lynched.
However, another group of civilians and police officers, which included Jinah’s friends and relatives, ran over and surrounded him. They protected Jinah and put him on a speedboat to the police detention island of Dhoonidhoo.
At Dhoonidhoo, Jinah noted that the officers on duty there were not involved in the mutiny. They took off his handcuffs. The officer-in-charge, Staff Sergeant Mujthaba Zahir, informed Jinah that a junior officer named Azeem Waheed called and said Jinah was on the way.
Shortly thereafter, inmates at the detention center broke out of their cells. They included dangerous criminals arrested by Jinah.
Jinah was protected by officers on duty. A group of SO officers soon arrived to quell the inmate uprising. Jinah found out that SO officers had come to Dhoonidhoo after midnight, broken into the armoury and taken away all the weapons.
Jinah called then-Vice President Dr Mohamed Waheed. Jinah had worked closely with Waheed as the vice-president was in charge of the previous administration’s pledge to combat drug trafficking and abuse. But Waheed did not answer. He sent a text message to Waheed’s secretary and was told that the president-in-waiting would attend to Jinah’s predicament.
“He hasn’t attended to it yet. Next February it will be one year to February 7.”
Jinah learned from the Dhoonidhoo staff that current Commissioner Abdulla Riyaz and State Minister for Home Affairs Mohamed Fayaz ‘FA’ were in charge of police. He called the pair. Riyaz claimed he did not know anything about Jinah’s arrest and hung up the phone. Fayaz said the same and asked Jinah what he was doing in Dhoonidhoo.
Jinah then called Faseeh and asked him to get Superintendent Abdulla Fairoosh, who had taken over as acting commissioner, to send a speedboat to Dhoonidhoo. But Faseeh said he was in the process of resigning.
“In any case, I managed to get a launch after a lot of work. I got the launch and left on it. I went and stayed at HIH [Hulhule’ Island Hotel]. From there I flew overseas that night.”
Jinah learned later that President Nasheed knew of his arrest before his resignation.
“Arresting officers of the security forces is one element of a coup d’etat. We were the responsible officers of the [security] service at the time. I believe taking away our powers and arresting us was one of the first acts of the mutiny. So they did that.
“I believe that I definitely would not have been able to return alive and safely to my family if President Nasheed did not resign. I was under arrest and in their custody at the time. Therefore, I believe that President Nasheed resigned under duress to save me and others in my situation as well as to save the lives of everyone else who could have been harmed.”
Jinah observed that mutiny or rebellion against the government by the security forces was “an element of Third World countries.”
The mutinying police and army officers on February 7 “took upon themselves the label of a Third World country on their own.”
At CoNI, Jinah was asked mostly about the arrest of Dr Mohamed Jameel Ahmed in January 2012. Apart from asking Jinah to recount his experience of February 7, the commission members did not ask questions regarding the events that immediately preceded the transfer of power.
“I basically do not accept the [CoNI] report at all. The reason is because I recounted what happened to me. There are photos and videos of me in handcuffs being beaten and dragged. However, the [CoNI] timeline stated that I was arrested for my own security and protection. So how can I accept the CoNI report? I can never accept that report.”
In January 2013, parliament’s Government Oversight Committee heard testimony from six of the highest-ranking officers of the police and military for its review of the Commission of National Inquiry’s (CoNI’s) report into the transfer of presidential power on February 7, 2012. Minutes of the closed-door sessions (Dhivehi) along with audio recordings were made public on January 16, 2013.
Following is a translated summary of the testimony from former Commissioner of Police Ahmed Faseeh to the oversight committee on January 11, 2013. Faseeh retired from the police service shortly after President Mohamed Nasheed’s resignation.
Three or four nights before February 6, 2012, opposition coalition protesters at the Maldives Monetary Authority (MMA) building area took to the streets and began marching through the narrow roads of the capital. At the time, the demonstrations were taking place every night in front of the MMA building, after which the protesters would march across Male’ until the early hours of morning.
On the night in question, about 800 people were gathered at the Maldivian Democratic Party (MDP) Haruge (meeting hall) on Ameenee Magu. Fearing a possible confrontation, Faseeh asked his commanders to make sure that the opposition protesters do not reach Haruge.
While he was inside the police headquarters, Faseeh suddenly heard a platoon of Specialist Operations (SO) riot police take off on a police vehicle.
Acting without orders, the SO platoon stormed Haruge and pepper-sprayed ruling party supporters.
Faseeh called Defence Minister Tholhath Ibrahim and asked for a platoon of soldiers to be sent to the area to control the situation. The SO officers left Haruge when the military platoon arrived.
Following the SO attack on Haruge, two groups of MDP activists led by MPs Alhan Fahmy and ‘Reeko’ Moosa Manik made their way to the Supreme Court building and MMA area. With no command from senior officers, SO officers forcibly broke up the group led by Reeko Moosa as soon as they reached the MMA building.
The next morning, then-head of police intelligence, Chief Superintendent Mohamed ‘MC’ Hameed, informed Faseeh of an intercepted phone call between a SO lance corporal and Progressive Party of Maldives (PPM) MP Ahmed Mahloof. The call was intercepted and shared by military intelligence.
In the recorded phone call, the SO officer boasts of pepper spraying people at Haruge and beating up MDP activists when they came to the MMA area. MP Mahloof asks the lance corporal why they did not break MP Moosa Manik’s leg.
“And [the SO officer] replies, ‘we can’t just break [his leg] like that. That’s not how this is going on.’ In any case, they talked like they were the closest buddies.”
The officer was immediately transferred out of the SO unit to Feydhoo Finolhu pending disciplinary proceedings.
On the night of February 6, President Nasheed called Faseeh and asked for the SO to be withdrawn. Opposition coalition protesters and ruling party supporters were facing off at the artificial beach with riot police separating the rival demonstrators.
Nasheed told the commissioner that he did not have confidence in police based on reliable intelligence information, which suggested that riot police were working with the opposition. Faseeh recalled the intercepted phone call and wondered if the President’s order was prompted by similar intelligence information.
Faseeh then asked Defence Minister Tholhath Ibrahim to dispatch a platoon of soldiers from the Maldives National Defence Force (MNDF) to take over from riot police. The soldiers were sent to artificial beach an hour later and the SO officers reluctantly withdrew to Republic Square. Riot police troops were staged at the helipad in the middle of the square.
Faseeh was in his office with Assistant Commissioner Sodiq when he heard a loud commotion coming from Republic Square. From his balcony, Faseeh saw police vehicles taking off and SO officers screaming, “let’s go beat them up.”
Faseeh ran downstairs and saw SO officers running. Deputy Commissioner Ismail Atheef was there. Faseeh did not know what was going on.
He was later informed that Atheef snatched the keys from one of the police lorries. But the SO officers left on other vehicles while others ran to the artificial beach. The Republic Square was soon empty.
Shortly thereafter, a cousin called Faseeh and said a police lorry was going towards the MDP Haruge on Ameenee Magu. He said they were screaming obscenities very loudly.
MDP Haruge on February 7: Photo by Haveeru
“Then they went to MDP Haruge. They went inside MDP Haruge, beat up some people there and damaged things and even beat some people they met on the road.”
Faseeh also learned that they chased after and beat people at the artificial beach. After attacking Haruge the rogue SO officers returned to Republic Square. Faseeh was despairing “because my troops committed such lowly acts.”
“Even if they were given an order to do something illegal that does not mean they have to commit bigger crimes.”
Faseeh went out to Republic Square and asked Deputy Commissioners Atheef and Muneer to go talk with the SO officers. Faseeh waited near the flag post. Muneer returned and said they responded with filth and obscenities. Muneer advised Faseeh against meeting them.
Faseeh saw three or four officers carry Deputy Commissioner Atheef inside the headquarters after he fainted.
“What happened was Athee couldn’t believe these were actually police.”
Other officers, including “blues,” came out of the headquarters and started loitering around the square. The rogue SO officers at the helipad area occasionally called for the resignation of President Nasheed.
Around 11pm, Faseeh went to the military headquarters. President Nasheed called and asked what was going on.
“I said I don’t know what they’ve done. They are now in a mutiny.”
All the generals, the chief of defence forces and the defence minister were at the military headquarters. They were discussing how to get the police to withdraw.
Faseeh told the senior officers that the mutinying SO was his “elite force.”
“When the SO are insubordinate, there aren’t any others who could talk to them or control them.”
The officers then began preparing to control the situation. Faseeh stayed with Major General Moosa Ali Jaleel and Defence Minister Tholhath and saw that they started working on it.
“They started and gave different times. 12:30, 1:30, 2:30, 3:30. But by the time it turned 4 it still couldn’t be done. It kept dragging on.”
The soldiers would form ranks, get set and withdraw. “The soldiers were very cowardly.”
Around 4am, President Nasheed came to the military headquarters. He asked Major General Jaleel why the military were unable to push the SO back. Faseeh recalled that there were about 150 mutinying officers at the Republic Square at dawn.
The soldiers were sent out again but they did not confront the SO.
A frustrated President Nasheed suggested to Jaleel that he could accomplish the task with a water canon and 20 soldiers.
Shortly after the dawn prayer was called, President Nasheed asked Faseeh to meet the rogue police and attempt to advise them. After praying, Faseeh instructed his secretary to ask the SO commanders to come and meet the commissioner.
The commanders refused.
A few civilians were near the Republic Square at the time. Faseeh’s private secretary informed him that the SO officers were “worse than before and more aggressive.” Faseeh decided not to go out and meet them. He managed to pass on a message to the four SO squad commanders from President Nasheed assuring them that they would be treated fairly.
From inside the police headquarters, Faseeh heard MDP supporters heading into Republic Square from the Chandaneemagu-Orchidmagu junction.
The mutinying officers were chanting their core values, oath or mission statement with one arm on the chest. As soon as it was done, they turned and ran towards the MDP group.
Faseeh saw loud clashes and “a big fight.”
“That was when the flame was lit. And the boys who lost control there came and threw huge stones at the police office, threw things inside the police office, vandalised places, destroyed a lorry there, threw rocks at MNDF.”
Faseeh saw the police officers use their batons during the confrontation. After they vandalised the police office, Faseeh’s bodyguard wanted to take him to a secure location but he went to the administrative commissioner’s office.
The mutinying officers were running inside the police building making death threats. Chief Superintendents Hameed and Mohamed Jinah as well as Atheef were assaulted.
Two officers came looking for Faseeh but were thwarted by the commissioner’s secretary. They slammed into the door twice trying to break it down but soon left.
The violent officers “destroyed” the conference room and mess room and damaged electronic equipment and a television set.
“They are all really the same [riot police] sent out when the MDP people gathered back then to take away the rice pudding bowl, take down banners and do all that. So in truth there is going to be something of Maumoonism inside their heads.”
Faseeh decided to resign after hearing current Defence Minister Mohamed Nazim demand his resignation upon emerging from the military headquarters between 10:00am and 11:00am. Nazim said he had relayed a “non-negotiable” demand for President Nasheed to resign within the hour “without any conditions.”
A coalition government with cabinet posts divided among parties is not compatible with the presidential system envisioned in the Maldivian constitution, former President Mohamed Nasheed reiterated during campaign rallies at Fuvahmulah and Addu City this weekend.
Addressing large crowds in the two southernmost atolls, the Maldivian Democratic Party (MDP) presidential candidate accused mogul politicians of forming political parties only to offer its members “on a platter” to negotiate coalition agreements.
“[They say] my party will enter a coalition with your party if I can get this many seats in cabinet, that many judges, as well as a large warehouse and two resorts,” Nasheed said in Fuvahmulah on Thursday night (April 25), adding that “business” deals were made between leaders while party members remained “oblivious.”
Nasheed had previously characterised the cabinet of President Dr Mohamed Waheed as less of a team committed to shared goals than a group of individuals with divided loyalties and disparate ideologies often working at cross-purposes.
Both the Maldives’ own experience of ruling coalitions as well as lessons from “human experience” have established the conditions whereby such alliances could govern effectively without becoming unstable, Nasheed observed.
“In a presidential system, dividing the cabinet into four or five parts is not something we could do under any circumstances, [and] it is not something permitted by the Maldivian constitution either,” Nasheed said in Fuvahmulah.
According to the constitution, Nasheed continued, cabinet ministers are appointed by the president and are sworn to serve at his pleasure.
The constitution does not permit cabinet ministers to take orders from their parties instead of the president, Nasheed added.
Coalition governments therefore went against “the spirit of the constitution,” said Nasheed, and could not function under a presidential system.
Nasheed repeated the criticism of power sharing coalitions in his speech the following night (April 26) in Hithadhoo, Addy City.
The incentive for the proposed “broad coalition” to compete against the MDP was the hoped-for rewards of government posts and the country’s resources, such as uninhabited islands, to be divided among coalition partners, Nasheed contended.
Power sharing agreement
Nasheed’s remarks came while parties in the ruling coalition led by President Dr Mohamed Waheed are reportedly engaged in discussions over power sharing agreements.
However, in addition to President Waheed’s Gaumee Ihthihad Party (GIP), all major government-aligned parties have fielded presidential candidates, including MP Abdulla Yameen from the Progressive Party of Maldives (PPM), MP Gasim Ibrahim from the Jumhooree Party (JP) and MP Ahmed Thasmeen Ali from the Dhivehi Rayyithunge Party (DRP).
Smaller parties such as the religious conservative Adhaalath Party and the Dhivehi Qaumee Party (DQP) – led by Special Adviser to the President Dr Hassan Saeed – have entered into a coalition with Dr Waheed’s GIP.
While business magnate Gasim Ibrahim is reportedly in talks with Dr Waheed over a potential power sharing agreement, the JP presidential candidate has said he would not consider becoming the running mate of any other candidate.
At its recently-concluded fourth congress, DRP Leader Thasmeen meanwhile dismissed the possibility of a coalition with either the PPM or MDP.
The PPM was formed in 2011 by DRP founder, former President Maumoon Abdul Gayoom, following months of factional squabbling and an acrimonious war of words between the PPM figurehead and his successor at DRP.
MDP rally in Addu City
PPM MP Ahmed Nihan told Minivan News last week that parties in the ruling coalition needed to reassess their views on power sharing after thousands of people attended a MDP rally on April 19 to celebrate the signing of Speaker of Parliament Abdulla Shahid.
In his speech at the MDP rally in Addu City last night (April 26), Shahid meanwhile said that 1,300 people have signed for the party during the past week.
Speaking at his first MDP rally on April 19, Shahid pledged to carry out a recruitment drive across the country to bolster the party’s membership strength ahead of the September presidential election.
Parliament today accepted amendments to the Judicature Act submitted by Independent MP Mohamed ‘Kutti’ Nasheed to abolish the magistrate court in Hulhumale’.
The legislation (Dhivehi) was narrowly accepted for consideration with 32 votes in favour, 31 against as well as one abstention and sent to the Independent Institutions Committee for review.
The judgment cleared the way for the magistrate court to proceed with the trial of former President Mohamed Nasheed on charges of illegally detaining Criminal Court Chief Judge Abdulla Mohamed in January 2012.
Nasheed’s formerly ruling Maldivian Democratic Party (MDP) disputes the legitimacy of the magistrate court, contending that it was created by the Judicial Service Commission (JSC) in violation of the Judicature Act.
Writing in his personal blog after submitting the amendments, MP Nasheed explained that he would have accepted the apex court’s decision as final and incontrovertible if Supreme Court Justice Adam Mohamed Abdulla – chair of the JSC – had recused himself.
“The [Hulhumale’] court was formed by the commission. The vote on forming the court was called at a meeting of the commission chaired by [Justice Adam Mohamed]. The case requesting the Supreme Court to declare the court legitimate was submitted by the commission chaired by the justice,” Nasheed wrote.
Justice Adam Mohamed “created the court, filed the case, and decided the case in his favour,” Nasheed wrote.
Echoing the criticism, former Attorney General Husnu Suood, who argued the case at the Supreme Court, described the decision at the time as “a case of actual bias because JSC would [have] lost the case without the vote of JSC president: 3 for 3 against, [tie-breaking] vote by JSC [president].”
Chief Justice Ahmed Faiz Hussain, Justice Abdulla Areef and Justice Muthasim Adnan had delivered the dissenting opinion ruling that the magistrate court was not established in accordance with the Judicature Act.
MP Nasheed’s amendments would meanwhile see the magistrate court abolished and its cases transferred to the superior courts (Criminal Court, Civil Court, Family Court, Juvenile Court and Drug Court) in Male’.
Moreover, an article would be added to the Judicature Act explicitly stating that the islands of Hulhumale’ and Vilimale’ should be considered part of Male’ City.
Vili-Maafanu and Hulhu-Henveiru are both electoral districts or constituencies in the capital with elected MPs and city councillors.
Legitimacy
In a blogpost in October 2012, Nasheed observed that the Judicature Act stipulates that magistrate courts should be set up in inhabited islands aside from Male’ without a division of the trial courts (Criminal Court, Civil Court, Family Court, Drug Court and Juvenile Court).
According to appendix two of the constitution, Hulhumale’ is a district or ward of Male’ and not a separate inhabited island.
The former magistrate court at Hulhumale’ – controversially set up by the JSC before the enactment of the Judicature Act in October 2010 – should therefore have been dissolved when the Judicature Act was ratified, Nasheed contended.
In the latter blogpost on amending the law governing courts, Nasheed explained that the purpose of amending the Judicature Act was to “clarify the Majlis’ intent as the [Supreme Court] has made a decision that conflicts with the intent of the Majlis in passing the law.”
If a Supreme Court interpretation of an article or provision in an act of parliament was “not the outcome intended by lawmakers,” Nasheed suggested that the remedy was amending the law to ensure the desired effect.
If the amendments are passed and signed into law, Nasheed wrote, a magistrate court could not be set up in the capital Male’ on the pretext of “two or three articles in the Judicature Act”.
Hulhumale’ Magistrate Court
During the first hearing of former President Nasheed’s trial at the magistrate court, the ex-president’s lawyers raised procedural points challenging the legitimacy of the court, which were summarily dismissed by the three magistrates on the bench.
Nasheed’s legal team then appealed the magistrate court’s ruling on the procedural points at the High Court.
On November 4, 2012, the High Court granted a stay or an injunction temporarily suspending the trial pending a ruling on procedural points.
The injunction prompted the Hulhumale’ Magistrate Court to announce that it had suspended all ongoing cases as they could be affected by the questions raised over the court’s legal status.
However, before the High Court could issue a ruling on the appeal, the JSC filed a case in Supreme Court requesting a decision to declare the magistrate court legitimate.
On November 8, 2012, the Supreme Court instructed the High Court to halt its hearings on the former President’s appeal.
The Supreme Court also ordered the Civil Court to send over all files and documents on a case submitted over a year ago by lawyer Ismail Visham, which challenged the legitimacy of the Hulhumale’ Magistrate Court.
The Supreme Court issued a writ of mandamus ordering the lower court to suspend its hearings and took over the case.
Meanwhile, a week before the Supreme Court delivered its 4-3 judgment declaring the magistrate court legitimate, parliament’s Independent Institutions Committee voted not to recognise the legitimacy of the Hulhumale’ court.
The oversight committee, chaired by MP Nasheed, decided that there were no “legal and constitutional grounds” to support the court’s legal status.
However, in an unprecedented move, the Supreme Court issued an order (No. 2012/SC-SJ/05) invalidating the committee’s decision.
The Supreme Court declared that no institution should meddle with the business of the courts, claiming that it held parental authority over “constitutional and legal affairs” and would not allow such “interference” to take place.
“Any action or a decision taken by an institution of the state that may impact the outcome of a matter that is being heard in a court of law, and prior to a decision by the courts on that matter, shall be deemed invalid, and [the Supreme Court] hereby orders that these acts must not be carried out,” the order read.
The trial was suspended pending a ruling by the High Court on the legitimacy of the three-magistrate bench appointed by the JSC to preside over Nasheed’s trial.
The injunction followed testimony by members of the JSC to the Independent Institutions Committee claiming that the three magistrates chosen by JSC were appointed arbitrarily.
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