Candidates of the former ruling Maldivian Democratic Party (MDP) and government-aligned Jumhoree Party (JP) won by-elections yesterday for vacant seats in the island councils of Alif Dhaal Hagnameedhoo and Alif Alif Mathiveri.
JP and MDP candidates went head to head in both by-elections, which were not contested by other parties or independent candidates. While MDP candidate Ahmed Firaq won in Hagnameedhoo, JP candidate Ali Riza Mohamed emerged victorious in Mathiveri.
In Hagnameedhoo, Firaq won with 190 votes (52 percent) against JP contender Ibrahim Naseer Adam, who received 178 votes (48 percent).
JP’s Riza meanwhile won the Mathiveri council seat with 250 votes (54 percent) while MDP candidate Ali Risham came second with 212 votes (46 percent).
Following the victories, leaders of both parties congratulated the winning candidates. JP President Dr Ibrahim Didi expressed confidence in winning future elections and praised the party’s “strong” leadership as the main reason for the success.
MDP Chairperson ‘Reeko’ Moosa Manik congratulated MDP’s winning candidate Firaq and expressed gratitude to Hagnaameedhoo islanders as well as the party members who worked in the campaign.
Yesterday’s result showed that “the people of Hagnameedhoo are opposed to the coup, have political foresight and make decisions wisely,” the Hulhu-Henveiru MP said.
Noting that MDP only received nine votes from Hagnameedhoo in the first round of the presidential election in 2008, Moosa said yesterday’s results represented the party’s growing strength and support.
The Mathiveri island council seat was vacated in November 2011 after a councillor elected on a Dhivehi Rayyithunge Party (DRP) ticket quit the party. Under the Decentralisation Act, councillors who leave their party are stripped of their seats. The Hagnameedhoo seat was vacated after a councillor resigned due to poor health.
The state has appealed a High Court judgment overruling a Civil Court verdict ordering luxury yachting company Sultans of the Seas to pay Rf110.2 million (US$7.1 million) in fines and unpaid duties.
In September 2009, Maldives Custom Service filed a case at the Civil Court to recover US$8.5 million in fines and unpaid customs duties from Sultans of the Seas – a company associated with the family of Dhivehi Rayyithunge Party (DRP) Leader and Kendhoo MP Ahmed Thasmeen Ali – for allegedly defrauding customs to evade import duties for two luxury yachts.
At a press conference in June 2009, Director of Customs Abdul Rasheed Ibrahim revealed that Sultans evaded import duties for two Italian Azimut yachts, imported in December 2007 and March 2008.
“In the invoices, they said they purchased two used launches,” Rasheed explained, adding that an investigation by the customs internal audit discovered that Sultans had purchased two of Azimut’s latest models, which cost 12.3 million euros or Rf226 million (US$17.7 million).
However, the quoted price in the invoices and documents the company submitted to customs was Rf18 million (US$1.4 million).
While the Civil Court ruled in favour of customs in late 2009, the High Court overruled the verdict late last year.
According to local daily Haveeru, at the first Supreme Court hearing last Monday, State Attorney Ahmed Usham explained that the state decided to appeal the High Court ruling because the evidence was sufficient to establish fraud as documents submitted by Sultans claimed that the vessels were used when the two luxury speedboats were brand new.
The fraud was discovered when information was clarified through the Bank of Maldives Plc Ltd (BML), Usham added.
Sultan’s attorney Ibrahim Riza however argued that Sultans should not be held responsible for the actions of the former collector of customs and insisted that the Bank of Maldives documents did not clearly state that the vessels were new.
Adjourning the hearing, Justice Ali Hameed said a further hearing would only be held if the court wished to clarify certain matters after studying the appeal.
In May this year, former Principal Collector of Customs Ibrahim Shafiu, also ex-registrar of DRP until the 2008 presidential election, was charged with corruption for his role in the Sultans fraud case.
Shafiu had been living in Canada since former President Maumoon Abdul Gayoom’s election defeat and returned to the Maldives following the controversial transfer of power in February.
Shafiu was charged with abuse of authority for allegedly helping change details of the yachts through his influence over the valuation committee to decrease duty payable for the vessels. The former DRP registrar pleaded not guilty to the charges.
BML loans
Meanwhile in October 2011, the High Court upheld Civil Court verdicts ordering Mahandhoo Investments and Kabalifaru Investments – two resort businesses with close ties to DRP Leader Ahmed Thasmeen Ali and running mate of former President Gayoom in 2008 – to repay millions of dollars worth of loans to the Bank of Maldives.
DRP MP Mohamed Nashiz, brother of the DRP leader and managing director of Kabaalifaru, and DRP MP Ali Azim, a loan guarantor, were among the appellants at the High Court.
Both MPs had signed ‘joint and several guarantee and indemnity’ agreements for the loans issued in mid-2008.
In the first case involving Mahandhoo Investments, BML had issued a US$23.5 million demand loan, a US$103,200 bank guarantee and US$30,090 letter of credit on July 10, 2008.
The second case meanwhile involved a US$3.3 million loan issued to Kabaalifaru Investment and the appeal of a Civil Court verdict on September 30, 2009 ordering the company to settle the debt in the next 12 months.
Both verdict were however appealed at the High Court and remained stalled for almost two years before the rulings in October 2011.
Moreover, in December 2009, the Civil Court ordered Sultans of the Seas to pay over Rf654 million (US$50 million) in unpaid loans, fines and accumulated interest to the Bank of Maldives in the course of one year.
Ruling in favour of the bank, Judge Aisha Shujoon said the company was liable for loans of US$15.3 million, US$8.7 million and €12.5 million as well as US$500,000 in combined credit limit facilities as agreed upon in June 2008.
The judge ruled that records and documents presented to court proved that as of December 7, 2009, Sultans owes US$18 million on the first demand loan, US$10 million on the second and €14 million on the third.
In a BML audit report released in January 2009, Auditor General Ibrahim Naeem warned that defaults on bank loans issued to influential political players could jeopardise the entire financial system of the country.
Over 60 per cent of the US$633 million worth of loans issued in 2008 was granted to 12 parties, the report noted.
According to the report, US$45 million was issued to Sultans of the Seas and US$36 million to Fonnadhoo Tuna Products, two loans which comprised 13 per cent of the total loans issued in 2008.
The report noted that Fonaddhoo was owned by DRP Leader Thasmeen while the owners of Sultans of the Seas were closely associated with the former minority leader of parliament.
Police have refuted “in the harshest terms” allegations of police brutality by Amnesty International, after the human rights body released a statement on June 11 condemning the “excessive use of force” against demonstrators.
Amnesty’s statement followed its investigation of the police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the MDP’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests. Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders.”
In a press release yesterday, police insisted that “the minimum required force” was used to arrest 52 protesters on May 29, which included those who “obstructed police from performing their duty” and “disobeyed and resisted orders” as well as others taken into custody “on suspicion of attempting to inflict physical injury on police officers” and “for behaving in ways that cause loss of public order.”
Minivan News however observed one protester sustain a head injury after he was hit in the head by a baton, and was rushed to hospital in a pickup truck refueling at the nearby petrol shed.
Local daily Haveeru uploaded video footage showing violent confrontations between police and demonstrators during the arrests.
Minivan News also witnessed a cameraman from local TV station Raajje TV being pepper-sprayed by police while he was attempting to film police arresting a demonstrator.
“Incalculable damage”
The police statement noted that a report on the day’s events by a monitoring team from the Human Rights Commission of Maldives (HRCM) “stated in very clear terms that excessive force was not used to arrest those among the demonstrators who threw objects at police, used obscene language and tried to obstruct police duties and that no physical harm was caused by police.”
The HRCM monitoring team however observed a police officer chase two demonstrators and strike them with his baton on the night of May 29. After protesting behind police barricades at the Usfasgandu area, MDP supporters began to gather at the intersection of Chandanee Magu and Majeedhee Magu in the centre of Male’ around 8:45pm.
The police statement explained that force was used to disperse the crowd at the Chandhanee Magu junction after protesters began throwing rocks at police officers from a construction site in the area.
“While six police officers sustained varying degrees of injury during the disturbances that day, two police vehicles were severely damaged,” reads the statement.
It added that police have concluded investigations of five demonstrators taken into custody on May 29 – including MDP MP Imthiyaz Fahmy ‘Inthi’ – and forwarded the cases for prosecution.
Police also noted that “very few complaints” were lodged concerning alleged misconduct and brutality by police officers.
A complaint by Maimoona Haleem, wife of former Foreign Minister Ahmed Naseem, alleging excessive use of force in her arrest was being investigated by the police professional standard command, the statement revealed.
According to the Amnesty statement, ‘Mana’ Haleem was “walking home with her female friend in Majeedee Magu Street when police stopped them and began beating them repeatedly with their batons on their arms, back and hips before taking them in a van to the police station.”
“In her testimony Mana Haleem says: ‘I asked why we were being held, but received no answer. Later, they [police] told us it was because we had not obeyed their orders. We asked them how we could have disobeyed their orders if they had not given any, but they were not interested. I have bruises on my shoulder, my back and my hip.'”
However, the police statement claimed that in addition to a complaint filed at the HRCM by a detained demonstrator alleging the use of obscene language during his arrest, no complaints were lodged at the Police Integrity Commission (PIC), the oversight body for police.
The police statement slammed Amnesty for not reporting the “incalculable damage caused to police officers and property” during the MDP protest.
“Maldives Police Service calls on Amnesty International to clarify information from the relevant authorities and state the facts impartially and without bias when issuing such reports in the future,” the statement reads.
The statement concluded by urging “anyone with a complaint regarding police conduct” to formally lodge complaints at independent institutions.
In previous reports highlighting human rights abuse by police, Amnesty has noted police response denying the allegations and its recommendation that victims complain to HRCM.
“HRCM has told Amnesty International that they have serious limitations in terms of trained investigative staff and dealing with human rights issues in a highly politicised environment is an overwhelming challenge for them,” Amnesty has previously noted.
“By referring cases of police abuse of power to the HRCM, when it is clear that such investigations are beyond its capacity, the government is in effect forfeiting its own responsibility to enforce respect for human rights within the police force,” the organisation noted.
“Minimum force”
In its statement on the May 29 incidents, Amnesty had said that despite police claims to have used “the minimum required force to dismantle the area and arrest unruly demonstrators”, “it is clear that by far the majority of demonstrators were not using violence, and any such incidents cannot be used by police as an attempt to justify the ill-treatment of bystanders and those rallying peacefully.”
“Amnesty International believes that the police response to the demonstrations on 29 May was a clear example of excessive use of force.”
Amnesty’s statement included testimony from a number of protesters, noting that the latest reports “are consistent with many other testimonies Amnesty International has gathered previously.”
“One woman protesting peacefully in Majeedee Magu Street told Amnesty International that police officers suddenly pushed into them, and hit her and other peaceful demonstrators with their riot shields. Police hit them repeatedly on their back, and then pepper-sprayed them, aiming at their face and eyes. She said that police grabbed one demonstrator by the neck, shouted at him to open his mouth, and sprayed directly into his mouth,” the human rights organisation reported.
“Police also beat bystanders who showed no signs of violence. An eyewitness saw a man sitting on a stationary motorbike taking no active part in the demonstrations. Police went for him and hit him on his head with their batons. He lost consciousness. His friends took him to a nearby house where they arranged private medical treatment for him – they did not take him to hospital straight away as they were afraid he would be arrested.”
Amnesty called on countries supplying police and military equipment to the Maldives, particularly pepper-spray, to ensure that the substance was not being used to commit human rights violations.
“Any country that knowingly supplies police or military equipment to a force that uses them to commit human rights violations is itself partly responsible for those violations,” the human rights organisation warned.
“Amnesty International is calling on the government of Maldives to halt attacks on peaceful demonstrators including beating and pepper-spraying; bring to justice any police personnel who have used excessive force; ensure that security forces in the Maldives receive comprehensive training on what constitutes human rights violations, which they should not commit.”
Vilufushi MP Riyaz Rasheed, deputy leader of the Dhivehi Qaumee Party (DQP), has proposed dissolving the party’s coalition with the Dhivehi Rayyithunge Party (DRP), contending that DRP MPs are working against the interests of the national unity government of President Dr Mohamed Waheed Hassan Manik.
MP Riyaz Rasheed declared at yesterday’s sitting of parliament that the coalition with DRP “no longer exists” after an abstention by DRP MP Ali Azim allowed the now-opposition Maldivian Democratic Party (MDP) to narrowly win a vote to debate a motion without notice on police brutality.
Accusing the largest party in the ruling coalition of “making deals with the MDP,” Riyaz said at parliament yesterday that he “strongly condemn the efforts carried out jointly by DRP and MDP to plant doubt and suspicion in the hearts of people about the service of the Maldivian police and army.”
Riyaz noted that the current Home Minister Dr Mohamed Jameel Ahmed was a senior member of DQP and claimed that Police Commissioner Abdulla Riyaz was a member of DRP.
The Vilufushi MP was not responding to calls at the time of press. Riyaz however confirmed to newspaper Haveeru today that he has submitted the proposal to the DQP council.
“The Qaumee Party will decide to sever the coalition agreement,” he was quoted as saying. “Whether or not I remain in the Quamee Party will come down to that.”
Riyaz explained that in addition to MP Ali Azim voting in the Government Oversight Committee against a proposal by the Waheed administration to form two new ministries, Azim’s abstention in yesterday’s vote allowed the MDP’s motion without notice to be debated.
DQP’s main priority was sustaining the national unity government until presidential election in 2013 acting as “a shield for Dr Waheed’s government”, Riyaz continued, accusing the DRP of undermining the national unity government.
DQP meanwhile released a statement yesterday calling on parties in the ruling coalition to refrain from any action that could “encourage the efforts of former President Mohamed Nasheed, who resigned on his own, to bring the two oldest institutions of the country into disrepute and cause loss of public confidence [in the police and military].”
The statement added that “abetting Nasheed’s efforts to cause division and discord among the public is against the pulse of the people.”
It was therefore obligatory upon all parties in the ruling coalition to “defeat and fail Nasheed’s efforts to bring the government into disrepute and harass the police and army,” adding that the security services had become “prey to unlawful orders” during the past three years of MDP rule.
“In spite of political rivalry, what the Maldivian people want right now is for the allied parties to work in one spirit,” the statement reads, adding that the ruling coalition should band together to “uphold the dignity” of police and army officers “working courageously and tirelessly day and night for religion and the nation.”
“Oil man”
MDP’s motion without notice to debate both alleged police brutality and recent incidents involving police and army officers in uniform robbing expatriates was voted through with the support of two independent MPs – Kulhudhufushi South MP Mohamed ‘Kutti’ Nasheed and Dhuvafaru MP Mohamed Zubair – and government-aligned Jumhoree Party MP Abdulla Jabir.
MP Ali Azim meanwhile tweeted today: “When MP Riyaz Rasheed voted in favour of Speaker’s no-confidence motion, QP [Qaumee Party] did not utter a single word regarding the need for unity in coalition government and the best interest of the nation.”
On her twitter page, MP Rozaina Adam dismissed Riyaz Rasheed’s claim that current Police Commissioner Abdulla Riyaz is a DRP member as “an absolute lie”.
“CP Riyaz is not a DRP member. Never was. He was an advisor to DRP on law and order as a professional,” the MP for Thulusdhoo tweeted.
During yesterday’s debate, Rozaina argued that any issue of national importance submitted to parliament should be accepted for debate.
“There are a lot of issues we want to raise concerning this matter [alleged police brutality]. Thus, the only solution is not to dismiss the issue. The way forward would be to debate it,” Rozaina said.
MP Abdulla Jabir meanwhile concurred that motions without notice should be accepted for a debate on the floor.
Speaking to Minivan News today, DRP Deputy Leader Ibrahim ‘Mavota’ Shareef lambasted Riyaz as a political opportunist whose allegiances depended on “which way the wind blows.”
“I don’t take what Riyaz Rasheed says seriously,” he said, adding that his remarks had “no weight or substance” and that his political decisions were based on personal benefit and in favour of “whomever is willing to give him the biggest loan.”
“He is the oil man,” Shareef continued. “What he says and the way he votes always depends on the availability of credit facilities to buy oil. Look at his past history of voting in the Majlis and what he has said when he was in the Special Majlis.”
On April 26 this year, the State Trading Organisation (STO) issued a press statement announcing that it would file a case at Civil Court to recover Rf19,333,671.20 (US$1,253,804.88) unpaid by MP Riyaz’s Rasheed’s Meridian Services.
STO and Meridian Services signed an oil trade agreement on March 31, 2010, which offered the company a credit facility worth Rf20 million (US$ 1,297,016.86) for purchasing oil from STO, stipulating that payments had to be made within a period of 40 days.
However, in August 2010, STO lowered its credit limit from Rf20 million to Rf10 million (US$648,508.43) and shortened the payment period from 40 to 30 days, prompting Meridian Services to sue STO for alleged breach of contract.
Meridian Services however lost the case after Civil Court Judge Abdulla Jameel Moosa ruled in favor of STO.
Meanwhile, on Riyaz’s accusation that the DRP was “making deals with MDP,” Shareef said the Vilufushi MP suspected so because he was “number one for making deals.”
“He has made deals with both governments of [former President] Nasheed and [former President Maumoon Abdul] Gayoom,” he alleged.
On the possible dissolution of the coalition agreement with DQP, Shareef insisted that the party was “not worried.”
“DRP is a party that can stand on its own feet now,” he said. “We will always work in the best interest of the nation in line with the views of the majority of our members.”
Today’s sitting of parliament was cancelled after MPs of the Maldivian Democratic Party (MDP) vociferously protested the non-inclusion in the agenda of a motion without notice to debate police brutality.
Shortly after the sitting began, Deputy Speaker Ahmed Nazim – presiding in the absence of Speaker Abdulla Shahid – declared that the counselor-general had advised, in reference to section 140(c) of the parliamentary rules of procedure, that MDP’s motion “by its nature was not one that must be debated after setting aside the Majlis’ work.”
Under the rules of procedure, acceptance of a motion without notice opens the parliament floor for a one-hour debate.
Counselor-General Fathmath Filza later posted a message on Facebook explaining that, “The primary object of an urgent motion is to draw the attention of the Majlis to a recent matter of public importance having serious consequences and in regard to which a motion with proper notice will be too late.
“The Standing Orders of the Majlis require the matter proposed to be of such a character that something very grave which affects the whole country and its security has happened, and the Majlis is required to pay its attention immediately by interrupting its normal business. It is therefore, an extraordinary procedure which, if admitted leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance.”
Following Nazim’s announcement, MDP MPs raised consecutive points of order objecting to the non-inclusion in the agenda. Nazim however ruled that points of order could not be raised on the issue, causing an uproar and forcing the Deputy Speaker to adjourn the sitting until 11:00am.
In his point of order, MDP MP Mohamed Riyaz argued that the issues raised in the motion were of urgent concern, as police in uniform were entering private residences to rob expatriates, and police as well as the Human Rights Commission of Maldives (HRCM) had not investigated police brutality against MPs, councillors and civilians on February 7 and 8.
Soon after the sitting resumed, Nazim invoked his authority as the Majlis chair to evict MDP MPs Mohamed Rasheed and Ibrahim Rasheed from the chamber after both MPs continued angrily to raise clamorous points of order.
Nazim adjourned the sitting again at 12:00pm after the MDP MPs refused to leave the chamber.
The Deputy Speaker eventually announced the cancellation of today’s sitting at 1:00pm after only nine MPs were in attendance despite ringing the quorum bell for five minutes. Last week’s sittings were also adjourned numerous times over loss of quorum.
“I have to say with much regret that today’s sitting is over without getting any work done,” Nazim said, adding that “obstruction” of parliament sittings by one of the main parties was “very regrettable.”
Motion without notice
Following the second adjournment today, MDP MP Eva Abdulla tweeted: “Majlis refuses debate on MPS [Maldives Police Service] brutality but starts Freedom of Assembly Bill which ironically defines how much force police can use in a gathering.”
The motion without notice, submitted by MP Imthiyaz Fahmy ‘Inthi’, states that police brutality against civilians since the contentious transfer of power on February 7 had become “systematic.”
Moreover, the motion referred to two police officers in uniform along with a group of plain-clothed police and army officers “intimidating and robbing” expatriates on June 8.
The motion noted that police officers in uniform forcibly entered the premises of the expatriate workers to rob them of their cash and mobile phones, adding that a member of the police investigation team and a Special Operations (S.O) officer were implicated in the robbery.
Inthi’s motion also expressed concern with the arrest of senior police officers on charges of contributing to a report released by two prominent MDP members on the alleged “coup d’etat” that forced the resignation of President Mohamed Nasheed “under duress.”
Four police and two army officers along with two Bangladeshi nationals were taken into custody last week in connection with the robbery of a group of expatriate workers on June 8.
According to a statement by police on Thursday, the arrests were made in a special operation conducted jointly by police and the Maldives National Defence Force (MNDF) after reports of expatriate workers being “intimidated and robbed at their residences by a large group.”
“During the investigation after the suspects were taken into custody, the men confessed to police interrogators of having robbed a large amount of cash and expensive items from foreigners on a number of different occasions,” the police statement revealed.
The statement added that the case was accorded “a very high priority” due to the involvement of sworn police officers, assuring that action would be taken under the Police Act against those found guilty of committing crimes in uniform.
Police are meanwhile searching for one more suspect in connection with the robberies.
Local daily Haveeru reported that the group of police and army officers robbed expatriates from a residence near the State Bank of India at 5.30am on June 8.
The newspaper claimed that the suspects in custody included a member of the police investigative team and a Special Operations (S.O) officer.
A police officer was sentenced to nine months imprisonment previously after being found guilty of robbing expatriates in uniform. Meanwhile in September 2011, three MNDF officers were arrested on charges of entering an expatriate residence in uniform and robbing a group of Bangladeshi workers with threats of violence.
The Anti-Corruption Commission (ACC) has forwarded five cases for prosecution in recent weeks after concluding investigations into complaints lodged at the commission dating back to 2009.
The cases sent for prosecution involves corrupt practices at the Gaaf Dhaal Atoll Council and Gaaf Dhaal Thinadhoo office as well as abuse of authority by former councillors of Laamu Maavah and Seenu Hithadhoo and former Housing Ministry Director Ibrahim Fayaz.
In the first case, the ACC found that the Gaaf Dhaal Atoll Council purchased furniture worth Rf54,200 from a shop in Male’ without a public announcement or bidding process.
Regulations under the Public Finance Act stipulates all procurement in excess of Rf25,000 to be made after a public announcement.
The ACC therefore recommend the Prosecutor General’s Office (PGO) to charge Chair of the Gaaf Dhaal Atoll Council Mohamed Nizam, Deputy Chair Shahir Hassan, Atoll Councillor Mohamed Muhthar and Abdulla Shiyaz with abuse of authority for financial gain to a third party.
The second complaint investigated by the ACC concerned fraudulent valuation of five proposal to provide security to the Gaaf Dhaal Thinadhoo office in January 2011, which resulted in the bid being awarded to the party that did not submit the lowest price.
The ACC found that members of the bid evaluation committee – Adam Shareef, Nasrullah Afeef, Mohamed Abdulla and Saudhullah Ali – abused their authority to secure financial gain to the winner of the bid, ARDK Investments.
While the public announcement did not state that marks would be awarded for experience, the ACC found that the bid was awarded to ARDK on the basis of having more experience than the other four interested parties.
The third complaint meanwhile involved a monthly allowance of Rf2,000 provided to an employee at the Laamu Maavah powerhouse from April to May 2009 by former councillor Waleed Zakariyya without the approval of either the island development committee or government officials.
The ACC investigators determined that Waleed Zakariyya’s claim that the employee performed additional tasks during the period could not be proved.
The ACC therefore recommended that Zakariyya be charged for abuse of authority under article 12(a) of the Anti-Corruption Act as he was found to have made the decision on his own. In addition, the ACC informed the PGO on May 29 to recover the Rf4,000 lost from public funds.
Prior to the formation of local councils following elections in February 2011, island councillors were appointed by President Mohamed Nasheed.
In the fourth case, the ACC found that former councillor of Seenu Hithadhoo, Mohamed Shamin Ali, awarded a contract worth Rf189,393.75 to construct a check-post in the island after the island development committee decided to postpone the project due to financial difficulties.
The ACC noted that the check-post was used by police for a short period and has since deteriorated beyond use. The ACC recommended the former councillor be charged with abuse of authority for financial gain to a third party.
The last case meanwhile involves abuse of authority by Housing Ministry Director Ibrahim Fayaz, who was in charge of the Dharubaaruge convention centre.
Fayaz was found to have cancelled an advance booking by private broadcaster DhiTV to lease the Rannabadeyri hall to telecast a debate between candidates for the president and vice-president of the Maldivian Democratic Party (MDP) on April 26, 2011.
The ACC discovered that Fayaz cancelled DhiTV’s booking and leased the hall to MDP-aligned Raajje TV. The booking was cancelled after DhiTV advertised the event and completed preparations to telecast the debate.
The ACC investigators determined that Fayaz’s claim that he cancelled the booking after informing DhiTV to make the full payment a day ahead of the event could not be established from either documentation or witness statements.
The ACC recommended that Fayaz be charged with abuse of authority under articles 12(a) and 23 of the Anti-Corruption Act.
A total of Rf1.3 million (US$84,300) was spent on healthcare costs for former President Maumoon Abdul Gayoom and his wife from 2010 to April this year, MP Ahmed Hamza of the Maldivian Democratic Party (MDP) revealed at parliament’s Finance Committee meeting yesterday.
The MP for Bilehdhoo revealed the figures during committee deliberations on a request by the Ministry of Finance and Treasury to establish rules and guidelines for covering health expenses for former presidents and their spouses.
According to the Finance Ministry, Rf302,560 (US$19,621) was spent for the Gayooms’ healthcare in 2010, Rf713,803 (US$46,290) in 2011 and Rf298,572 (US$19,363) so far this year.
Article 7 of the Protection and Privileges for Former Presidents Act (Dhivehi) – the first piece of legislation passed by the then-opposition majority parliament after convening in May 2009 – stipulates that healthcare for ex-presidents and their spouses either in the Maldives or overseas shall be provided by the state.
The law however does not set any limits to the health expenses to be borne by the state.
In addition to healthcare costs, Rf3.86 million (US$250,324) was spent on the former president’s office in 2010, Rf2.1 million (US$136,187) in 2011 and Rf700,000 (US$45,396) as of April this year.
Finance Committee meeting on 12 June
Local media reported that following discussions at the Finance Committee yesterday, MPs decided to recommend that the Finance Ministry purchase a health insurance package for former presidents.
MP Hamza suggested offering an insurance package similar to those provided to retired high-ranking officials at the United Nations.
MP Ahmed “Redwave” Saleem of Gayoom’s Progressive Party of Maldives (PPM) reportedly insisted that the package should cover all forms of treatment to be in compliance with article 7 of the Protection and Privileges Act.
However, most MPs concurred that there should be a ceiling limit for healthcare costs for former presidents.
The legislation on protection and privileges for ex-presidents was required under article 128 of the constitution, which states, “A person who has served in the office of president, serving his term of office lawfully without committing any offence, shall be entitled to the highest honour, dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land. Such protection and privileges shall be specified in law.”
“Unreasonable”
Prior to the passage of the Act in October 2009, MPs of the then-ruling MDP denounced the monetary benefits in the draft legislation as excessive and “unreasonable.”
The bill stipulated a monthly allowance of Rf75,000 (US$6,000) in addition to Rf50,000 (US$4,000) for housing and Rf175,000 (US$14,000) for staff and office space.
The ruling party said at the time that the total figure would shoot up once the cost of health, transportation and security was taken into account, estimating that a total of Rf3 million (US$233,000) would be spent a month on former President Gayoom.
MDP MP for Hithadhoo North, Mohamed Aslam, observed that ex-presidents would be allowed to seek medical care anywhere in the world at the state’s expense.
“The benefits are too high as Rf300,000 (US$19,450) a month for someone who has retired is beyond reasonable expectations,” Aslam had argued. “Also, the government is in a financial crisis and it will be difficult to pay such a huge amount.”
The timeline of events made public by the former Commission of National Inquiry (CNI) last week “proves that former Vice President Dr Mohamed Waheed Hassan Manik participated in the coup d’etat that took place on 7th February 2012,” the ousted Maldivian Democratic Party (MDP) has said, calling on President Waheed to offer his resignation.
In a statement yesterday, the MDP contended that facts included in the CNI timeline proved Waheed’s involvement in the alleged coup and established that former President Mohamed Nasheed “was forced to resign under duress.”
The CNI timeline referred to representatives of the December 23 coalition meeting the then-vice president at 1am on 31 January, where they pledged allegiance to Dr Waheed and urged him to take control of the executive.
The MDP argued that Waheed’s assurance to the opposition leaders that he was prepared to fulfill his responsibilities was in violation of the constitution.
“Article 117(a) of the constitution states that the Vice President’s responsibilities are those which are delegated to him by the President,” the statement explained.
“Thus, when the Vice President met with opposition leaders plotting to overthrow the government and told them that he was ‘prepared to fulfill his constitutional duties’, these duties were in fact those delegated to him by the President. By participating in the government overthrow, Vice President Waheed clearly defied the mandate given to him by President Nasheed, and it is clear that Waheed’s actions were not in accordance with the Constitution.”
The CNI timeline acknowledged that police officers in uniform entered the MDP haruge around midnight on 7 February, the MDP statement noted, where they vandalised the premises and assaulted supporters inside the camp.
However, point 90 of the timeline stated that Vice President Waheed issued a statement via opposition media shortly after the attack on Haruge “characterising the police protest as peaceful, without condemning these violent actions.”
“In the statement the Vice President said: ‘I fully support the peaceful activity that many Maldivians are carrying out,'” the MDP statement noted.
The former ruling party observed that the timeline confirmed that “police were mutinying in Republic Square, which is an area where gatherings are prohibited, calling for the resignation of the President and senior officials of government.”
While the President, Home Minister, Defence Minister and Commissioner of Police were all advising the protesting police to vacate the square, the MDP noted that “the Vice President’s statement via the media encouraged them to carry on their rebellion.”
Moreover, points 158 through 166 of the CNI timeline stated that “the mutinying police and civilians were conducting an uninterrupted assault on the headquarters of the Maldives National Defence Force.”
Point 156 meanwhile acknowledged that police officers at the square charged and attacked MDP protesters on the morning of 7 February, resulting in “serious injuries” to party members.
Points 167 and 168 confirmed that weapons and shields from the police headquarters were distributed to civilians at the Republic Square, the MDP observed, which was “under the control of mutinying police and the civilians that had joined them.”
Moreover, point 207 stated that according to media reports, an announcement was made at the square that President Nasheed was detained inside the MNDF headquarters. Minivan News journalists at the scene on 7 February heard the announcement at about 10am.
The CNI timeline also referred to current Defence Minister Mohamed Nazim emerging from the MNDF barracks to inform the crowd that he had demanded the “immediate and unconditional resignation” of the President, adding that the demand was “non-negotiable.”
Nazim, a retired colonel, was a civilian at the time.
“During all these events, point 170 of the timeline reveals that Vice President Mohamed Waheed did not go to the President’s Office despite it being an official government day and the day of the regular cabinet meeting,” the MDP observed.
The MDP statement went on to note that the timeline confirmed the presence of Nazim and current Commissioner of Police Abdulla Riyaz inside the President’s Office after Nasheed was escorted there under heavy military guard, “despite having no official capacity or status.”
Points 236, 241, 242 and 244 of the timeline revealed that Nasheed’s resignation letter was not delivered to the Speaker of Parliament by official dispatch, the statement added.
Photos emerged on 7 February of Nazim and Riyaz carrying the resignation letter to parliament.
“The biggest revelation from the timeline released by the Commission of National Inquiry, and as proved by the points listed above, is that power changed hands on 7th February 2012 through a coup d’état conducted by the police and military with the support of opposition political leaders and Vice President Dr. Mohamed Waheed,” the MDP statement concluded.
“Dr. Mohamed Waheed Hassan Manik has repeatedly stated during meetings with diplomats and international partners that he would resign if it were proven that the events of 7th February 2012 were a coup d’état. Given these statements, the Maldivian Democratic Party calls on Dr. Mohamed Waheed Hassan Manik to offer his resignation.”
In an interview with the BBC last week, Dr Waheed said that should the CNI “find out that I had a role in bringing about a coup, then I would definitely resign.”
He however added, “But if I have no role – if somebody else has done it – it doesn’t mean I have to resign, according to the law of the Maldives.”
Contacted by Minivan News for a response to the MDP statement today, President’s Office Spokesperson Abbas Adil Riza said the government had “no comment”.
Riza however noted that the MDP was “not an investigative body.”
Points noted by the MDP from the former CNI’s timeline:
Point 14: Vice President met with some leaders of the [Opposition] Coalition on the night of 30 January 2012 at Hilaaleege, his residence. He was asked at the meeting whether he was prepared to carry out his legal responsibilities. He said he was ready to do so. Coalition leaders held a press conference after the meeting to announce their endorsement of the Vice President [for President].
Point 17: Following Coalition discussions, protests began at Artificial Beach on 2 February 2012. At the protest, Adhaalath Party leader Imran Abdulla calls for police to arrest President Nasheed within five days [by 8 February].
Point 27: At the protests Adhaalath Party announces that its National Council had unanimously decided President Nasheed was not a worthy leader and had declared their full support for Dr Mohamed Waheed Hassan Manik.
Point 29: Home Minister asked Police Commissioner to remove police from the area where protests were being held.
Point 34: President Nasheed called the Commissioner a second time and ordered him to remove the police from the area, saying confidence in the police has been lost.
Point 41: When the military officers asked the police to leave the area, the Police Commander said they would not leave unless replacements arrive. President Nasheed phoned the Deputy Commissioner to say he was not adequately carrying out his responsibilities, and asked him to stay at home.
Point 47: On receiving the order from President Nasheed to have his officers removed from the area, the Male’ Area Commander considered the situation and, seeing the atmosphere as uneasy, gave the order for them to move to the Saw Mill area instead of the HQ. He thought they may have to return to the Artificial Beach soon if they left.
Point 113: When President Nasheed entered the main gates of Bandaara Koshi, he addressed some military officers gathered there and said police out there had mutinied and needed to be arrested. He then went inside and into the Defence Minister’s office.
Point 143: Suddenly, without consulting with the military, President Nasheed went to the Republic Square and began addressing the police. In addition to the bodyguards who accompanied him, Defence Minister and Chief of Defence Forces were with him. When he spoke, some MPs were also beside him. “I am still talking to the Maldivian police. I think you have done something wrong. I accept that given the way things happened you may not have properly realised what you were doing or where you were going. But, it is still my wish that you hand yourselves over to the police station or to the military. I assure you that I will not allow anything bad to happen to you.”
Point 144: Police refused to accept President Nasheed’s proposal to hand themselves over to the military.
Point 145: President Nasheed called over to him one of the policemen who he sent over to the military. When he called a second policeman, even though he came over, returned to sit with the police who had started protesting.
Point 156: As the police were finishing their recital, a group of MDP protesters holding hands approached the police from the back. Police and Coalition protesters confronted them and dispersed them. Several MDP people and police were injured during the attempts to stop the confrontation. Rumours spread among the police that one of their members had been stabbed in the neck with steel rod.
Point 158: When the noise outside the main gate area of Bandaar Koshi became very loud, members of the military who were waiting to meet with the president ran towards the main gate assuming that people were trying to force their way into the military headquarters.
Point 163: From here onwards police released a lot of gas. A large number of the military and public at Republic Square dispersed from the area as a result. The way the wind was blowing that day, all the gas travelled south towards Bandaar Koshi. Shortly afterwards, the police moved forward spraying tear gas as they approached. The police and the public threw at the military anything they could get their hands on. The confrontation on both sides was intense and the public, military and the police sustained varying degrees of injuries.
Point 164: Public and the police confronted the military and pushed them back as far as their main headquarters. As the military retreated, they were firing riot guns.
Point 165: Once most of the military on retreat had entered the headquarters, the main gates were shut. Some members of the military could not get in and had to remain outside.
Point 166: Police and public were throwing bottles and various other things in the whole area. Chairs and various other household equipment were also thrown onto the streets and into the Bandaara Koshi from within the building.
Point 167: Windows on the first floor of the military headquarters were opened and shields were distributed to military personnel and the public.
Point 168: All areas near the Republic Square were brought under police control. The area was under the supervision of the police and the public.
Point 170: Cabinet Secretariat notified all cabinet members via SMS, except Vice President, that the cabinet meeting was on that day. Although the Vice President’s secretariat was aware of the meeting, Dr Waheed did not receive the message. Two senior members of the Vice President’s secretariat did not report for work that day.
Point 207: Media reports reported members of the public at the Republic Square as saying President Nasheed had been arrested.
Point 210: After Abdulla Riyaz and Nazim conducted their negotiations inside Bandaara Koshi, Nazim emerged to address the Republic Square. He said he had made two proposals. “Assalaam alaikum. I hope everybody is okay. Yes, I have just met with the Defence Minister and all high-ranking military personnel and made a proposal of ours. The proposal was that the President should resign without condition. And, after that, to transfer all powers to the Vice President. Our second condition was that the Commissioner of Police Ahmed Faseeh and both his deputies resign at once. We told them these are non-negotiable conditions. These are not things up for further discussion. We assure the beloved Maldivians, military and police who are with us that, God willing, these things will happen this way by the deadline we have set for 1:30 today. When I entered the military headquarters I was given a very happy scene. Everyone within the military lifted me up and very completely revealed their support for me. God willing, things will happen today as we want. I ask the military, police and people to patiently remain with us.”
Point 228: Minister of Defence and National Security, Minister of Finance, Minister of Transport and Communication, Special Envoy to the President, Chief of Staff at the President’s Office, and Cabinet Secretary were in attendance [at the cabinet meeting].
Point 229: At the meeting the President said he had to resign and gave his reasons. He said under the circumstances he saw it best to resign.
Point 232: While he was at the Ghaazee Maalam, Nazim, Fayaz and Riyaz also came in.
Point 233: Nazim told President Nasheed that Speaker of Parliament Abdulla Shahid had enquired after the resignation letter President Nasheed was sending to the Majlis.
Point 234: President Nasheed asked the Cabinet Secretary about the resignation letter who replied that it had not yet been prepared. The president asked him to bring a pen and paper. When the President’s official Letterhead paper and a pen were brought, President Nasheed wrote the resignation letter in his own hand and signed it. He was standing at a podium in the room.
Point 236: President Nasheed announced his resignation himself, in the presence of the cabinet members, in front of the media, live, at 12:57 p.m. “Beloved citizens of the Maldives. I see that if I were to continue as President of the Maldives a lot of harm may befall Maldivians and the Maldives. Therefore, as of today, I am resigning from the post of the President of the Maldives. I have never wanted to rule by force. I came to this decision because, in my opinion, I sincerely believe, that if this government is to be maintained, it would require the use of extreme force and cause harm to a lot of citizens. Also, in my opinion, if attempts are to be made to maintain this government, it is very likely that the Maldives will become susceptible to foreign influences. I have always wished the best for Maldivians and will continue to do so in the future. I have made the decision today to resign for the benefit of Maldivians, with sincere respect and keeping in mind the high levels of support Maldivians have shown me. I hope that Maldivians will see a more prosperous tomorrow and I pray our lives will be good now and in the hereafter.”
Point 241: Before he left, the military arranged a three-line strong cordon to reinforce security in the area.
Point 242: Riyaz and Nazim accompanied President Nasheed. Riyaz had the President’s resignation letter in his hand at the time.
Point 244: Speaker of the Parliament received President Nasheed’s resignation letter at 13:43.
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