Author: JJ Robinson

President delivers address to parliament after six hours of heckling

Additional reporting by Mohamed Naahee.

President Dr Mohamed Waheed Hassan Manik has delivered his opening address to a boisterous parliament amid protests inside and outside the parliament chamber.

Waheed, who was due to deliver the address at 10:00am this morning, finally finished it at 4:00pm on the fourth attempt after repeated obstruction by opposition Maldivian Democratic Party (MDP) MPs.  Representatives from the party waved pieces of paper at him with phrases such as “illegitimate president” and “coup boss”.

Under the 2008 constitution, the head of state is required to deliver the opening address at the first sitting of parliament each year. The MDP contend that Waheed’s presidency is illegitimate, following the resignation of President Mohamed Nasheed on February 7, 2012, amid a police and military mutiny. The party disrupted last year’s opening session by blockading the chamber doors from the inside, while outside supporters clashed with police in the streets.

A sit-down protest in the afternoon at the Sosun Magu intersection appeared peaceful, although police had barricaded the roads around the parliament building. Inside, local media reported that five MPs left the chamber voluntarily after being ordered to do so by Speaker of Parliament Abdulla Shahid.

Deputy Parliamentary Group Leader of MDP Ali Waheed announced on Sunday that “usurpers don’t get to deliver presidential addresses”.

In his address, an English summary of which later appeared on the President’s Office website, President Waheed emphasised “independence and territorial dignity” and described his highest priority as “strengthening the principles of Islamic faith among the people.”

“Underscoring that the Maldivians have always defended their independence from foreign influence, President Waheed stressed on the sacrifices made by our ancestors with their lives and blood,” read the statement.

“In his Presidential Address, the President noted that the keystone of our independence is the allegiance of our forefathers to the ideals and integrity of the Maldives, and that the foundation of our unity lies in Islam. The President said that our common faith, language and ethnicity were the reason why our nation should not disintegrate into opposing factions.

“Continuing in this regard, the President reminded the people to be vigilant of the patience and determination necessary to maintain our independence and individuality, and to unwaveringly hold on to our Islamic faith,” the statement concluded.

According to local media, Waheed also remarked that the economy had “fallen into a pit” at the time he took over the presidency, with external debt of US$725 million.

Expropriating the airport from Indian infrastructure giant GMR – at the time the country’s single largest foreign investment at US$511 million – had increased foreign currency coming into the country and relieved the dollar shortage, Waheed said according to Sun Online.

Speaking to Minivan News, Deputy Parliamentary Group Leader of government-aligned Dhivehi Rayyithunge Party (DRP) MP Abdulla Mausoom said that the party would not support such “extremist” activities on the parliament floor.

“DRP will never support such activities. We will support to uphold rule of law and therefore the party would behave and strictly follow the parliamentary regulations,” he said.

He further claimed that “irresponsibility” and “stubbornness” within the parliament would not favour the MDP, and said the party should replace its leadership with “democrats” instead of “rogue extremists”.

“There are a lot of democrats working with the MDP. Many of them are in the parliament as well. But their hands are tied, their mouths taped and their pens capped. They should not bow down to the extremist elements within MDP,” Mausoom said.

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“So horrific that it’s hard to believe”: Amnesty International launches petition to overturn “disgraceful” flogging sentence

Amnesty International has launched a petition calling on the Maldivian government to overturn a court ruling sentencing a 15 year-old rape victim to 100 lashes for an unrelated fornication offence.

The story of the girl from Feydhoo in Shaviyani Atoll, who was convicted of premarital sex in the Juvenile Court February 26 and sentenced to 100 lashes and eight months of house arrest, has been reported by media around the world and been widely condemned by international NGOs and embassies.

“It’s so horrific that it’s hard to believe it’s true: a 15 year old rape survivor has been sentenced to 100 lashes for ‘fornication’ in the Maldives,” stated Amnesty International, which has followed the case since January.

“The traumatised girl was allegedly sexually abused by her step-father for many years. He has since been charged with sexually assaulting a minor. During the investigation however, authorities came across evidence to support separate charges of fornication against the girl for pre-marital sex,” Amnesty stated, demanding the government overturn the “disgraceful” sentence.

The Maldivian government – which is currently vying for re-election to the UN Human Rights Council, launched its campaign in Geneva on February 28 on a platform of “women and children’s rights and the rights of persons with disability” – expressed “deep concern” at the decision to prosecute the girl.

“Though the flogging will be deferred until the girl turns 18, the government believes she is the victim of sexual abuse and should be treated as such by the state and the society and therefore, her rights should be fully protected,” said the President’s Office in a statement.

“The government is of the view that the case merits appeal. The girl is under state care and the government will facilitate and supervise her appeal of the case, via the girl’s lawyer, to ensure that justice is done and her rights are protected,” the statement added.

Amnesty International welcomed the government’s stated commitment, but noted that “at this stage she is still facing flogging. We need to keep the pressure up to remove flogging as a form of punishment in her case and all cases in the Maldives.”

Foreign Minister Dr Abdul Samad Abdulla meanwhile announced on state broadcaster Television Maldives (TVM) that the girl had post traumatic stress disorder and certain medical issues, according to local media.

“The girl was abused since she was 12 until she turned 15, so multiple times for three years. She was abused by her stepfather. She has said that her baby was murdered. You can imagine the mental status of a child in this situation. She suffers from this condition,” local media reported Dr Samad as saying.

According to Sun Online, Dr Samad said the international community was not fully informed about the reason for the girl’s sentence, which was not due to her abuse by her stepfather, but her confessed fornication with another man.

He also warned that a failure to unite as a country during times of such international criticism would provide opportunities for “groups that want to harm the country,” Sun reported.

The government’s denouncement of the sentence is meanwhile at odds with its endorsement by the Adaathath Party, members of which make up the majority of the Ministry of Islamic Affairs.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” the party said in a statement.

“Furthermore, Allah has decreed that expressing disapproval of issues such as this contradicts with faith in Islam,” the statement continued, quoting verses from the Quran.

“Allah has also commanded that we show no kindness when implementing these penalties,” the party added.

Flogging and politics

UN Human Rights Commissioner Navi Pillay in an address to the Maldivian parliament in November 2011 urged the government to issue a moratorium on sentencing women to flogging for extra-marital sex.

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” Pillay stated.

Her comments were condemned by religious groups in the Maldives, with protesters urging authorities to arrest the UN High Commissioner and gathering outside the United Nations carrying signboards with slogans such as “Islam is not a toy,” “Ban UN” and “Flog Pillay”.

A presidential state apology for allowing Pillay to speak to parliament was one of the five demands of the December 23 coalition [of 2011], a mass gathering in the capital Male’ that saw the fractured opposition unite against President Nasheed on the pretext of protecting Islam.

Following the fall of Nasheed’s government on February 7 2012, government-aligned Progressive Party of the Maldives (PPM) MP Abdul Azeez Jamal Abu Bakr withdrew the Pillay apology petition in parliament.

Amnesty International’s petition:

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Nasheed leaves Indian High Commission, states “desire for stability”

Additional reporting by Mohamed Naahii, Leah Malone

Former President Mohamed Nasheed left the Indian High Commission on Saturday afternoon after seeking “refuge” from police seeking to present him to the Hulhumale Magistrate Court.

Nasheed has maintained that the charges against him – of detaining the Chief Criminal Court Judge during his final days in office – are a politically-motivated effort to prevent him contesting the 2013 elections.

After 11 consecutive days inside the High Commission, Nasheed emerged and was greeted by approximately 600 Maldivian Democratic Party (MDP) supporters at a press conference in the Dharubaaruge exhibition hall, across the street from the party’s former protest site at Usfasgandu.

Nasheed emphasised his desire for stability to be restored, following eight days of continuous protests by the MDP, dozens of police arrests, and a violent attack on a Maldivian journalist.

“I have been in the Indian High Commission for the last 11 days and now I have come out with the understanding that I will be able to conduct my peaceful political activities and my normal social life.

“I hope and I believe that this will bring much stability to the very volatile nature of Maldivian politics and our society today. I hope that all the stakeholders all actors will bear in mind that we will have to have a peaceful election and to do that we will all have to forego whatever we have to.

“It is always my wish that democracy is consolidated in the Maldives. It is always my wish that we have a more prosperous life,” Nasheed stated.

MDP supporters were heard cheering during the press conference following Nasheed’s statements.

Nasheed was greeted with joyful applause, chants of “Anni”, and was surrounded by a throng of supporters as he exited the building to give a speech near Usfasgandu.

Nasheed claimed his decision to seek refuge in the Indian High Commission was not pre-planned during his recent visit to the country.

“We are living in a very vibrant period of time. We are never certain when we will get arrested or when we will be released from custody. This is not something faced by myself alone. But the biggest attacks are targeted against me,” he said.

“I believe the danger posed towards me is far graver than others. I have faced more attacks than any other person possible could have faced. But we all should understand that our safety lies at the hands of almighty Allah. We maintain that protection by seeking courage from each other,” he added.

The former President also contended that leaders of all political parties should get the opportunity to compete in the upcoming presidential elections peacefully.

“I came out of the Indian High Commission because I believe I can now carry out political activities and that I too could take part in social activities in the country. My wish has always been that Maldives remains a democracy,” he said.

“I thank the Indian people and its High Commission. I do also thank the people of the Maldives and supporters of MDP. What is now important is that we win the next presidential elections,” he said.

Nasheed repeated his statement that the MDP would contest in the upcoming presidential elections and re-establish its government in the country.

“I believe that the presidential elections will not proceed without all political party leaders being able to fairly compete in it,” he said.

The Maldivian Democratic Party (MDP) has said it will boycott the elections should its presidential candidate Nasheed – who was been elected through a direct vote from its members – be barred from contesting in the elections.

Nasheed also expressed sadness over the brutal attack against Raajje TV News Head Ibrahim ‘Aswad’ Waheed last night, who is currently fighting for his life in a Sri Lankan hospital.

“I take part in the grieving of the brutal attack on Aswaad. Attacks on journalists hinder our development [as a society]. That is an attack on us, the people. I really do hope that we let go of such vindictive acts and focus on our development and that all of us can compete in the elections,” he said..

Highlighting on the flaws within the judiciary, Nasheed said that he believed that judicial reforms could be “achieved through dialogue and negotiations”.

He also said that delaying his ongoing trial “would not compromise anyone’s rights” and that it was important the next presidential election was “inclusive”.

His short speech was followed by an MDP march around Male’ in support of Nasheed, calling on citizens to support “independent news” following the attack violent on a Raajje TV journalist in the early hours of Saturday (February 23).

Speaking to the Press Trust of India, President’s Office Spokesperson Masood Imad said  the government “welcomes” the development, and that there was no arrest warrant against Nasheed at present.

“I am happy that the longest meeting in the world has ended. We were formally told by the High Commission on the first day that Nasheed had come into the Mission for a meeting and will be out once it is over,” Masood told PTI.

Indian diplomatic efforts

The Indian High Commission expressed hope that Nasheed “will again resume his social and political life.”

“India would be happy to support all efforts to create favourable conditions for free, fair, credible and inclusive Presidential elections in September 2013 that can contribute to durable peace, stability and prosperity in Maldives and the region,” the High Commission said in a statement.

Nasheed’s departure from the protected diplomatic territory – which prevented police from acting on two court warrants for his arrest – follows a series of meetings by Joint Secretary of India’s Ministry of External Affairs Shri Harsh Vardhan Shringla.

“These interactions have provided some forward movement and the team continues to work further on the available inputs so that the matter could be resolved to satisfaction,” the High Commission stated on Friday, despite various reports in Indian media that President Mohamed Waheed had been unable to meet with the delegation due to his “very busy schedule”.

No information has yet emerged as to whether Nasheed’s exit from the High Commission is related to a specific commitment from the government or Nasheed’s political opponents not to pursue charges against him, ahead of the September 7 presidential elections.

The saga has however led to widespread international backing, including from the UN, US, UK, Commonwealth and EU, that the presidential elections be “inclusive” and that all parties are able to put forward the candidates of their choice in the upcoming elections.

Nasheed’s press conference after leaving the Indian High Commission:

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Government asks India to hand over Nasheed, as MDP slam arrest warrant from “kangaroo court”

The Maldivian Foreign Ministry has asked the Indian High Commission to hand former President Mohamed Nasheed to police ahead of his trial on Wednesday.

Police requested the Foreign Ministry to approach the High Commission on Tuesday, after the Hulhumale Magistrate Court ordered them to produce Nasheed for his court hearing at 4:00pm on February 20.

President’s Office Spokesperson Masood Imad said “I wouldn’t call it an arrest warrant. It’s a court order for police to summon him to court.”

Asked whether this order would involve police using force to produce Nasheed, Masood stated that “I’m not a policeman but presumably they will ask him to come with them, and if he does not they will put him in a police vehicle. The actual strategy is a police function. I hope they don’t do anything excessive.”

“As far as the police are concerned, we will make sure they do not break the diplomatic rights of the embassy. Having said that, police may not have to use force to take him out,” he said.

“Police have asked the foreign ministry to advise the high commission that they have a warrant to present Nasheed in court. If [Indian High Commissioner] Mr Mulay does not budge, they will report back and it ends there,” Masood said.

Nasheed would be free again after Wednesday 4:00pm when the current warrant would expire, “until another warrant is issued”, he added.

The High Court also on Tuesday ordered the Foreign Ministry deliver a court order to Nasheed, concerning an appeal hearing of the first – now expired – arrest warrant for the February 13 hearing. The High Court appeal is scheduled for 1:00pm on Wednesday, three hours before his second hearing.

Nasheed sought refuge in the High Commission – which is protected diplomatic territory under the Vienna Convention – after the court earlier issued a warrant for his arrest and presentation in court on February 13. The scheduled hearing was canceled in his absence and the warrant expired.

Nasheed’s Maldivian Democratic Party (MDP) issued a statement slamming the arrest warrant issued by the “kangaroo court”.

“The MDP believes that the Hulhumale Magistrate Court is, de facto, controlled by Dr Waheed and his allies, and that the sole purpose of the court case against President Nasheed is to prevent his candidature in the upcoming presidential elections,” the party said.

“Waheed, in collusion with allies in the judiciary, has established a kangaroo court to convict President Nasheed. The Judicial Services Commission that set up the court comprises Waheed’s appointees as well as Nasheed’s political rivals, including those running for president. Waheed hides behind so-called judicial independence but his fingerprints are all over this trial,” said MDP Spokesperson MP Hamid Abdul Ghafoor.

“India, the United States, the European Union, the United Kingdom, the United Nations, and the Commonwealth have all called for free and fair elections in which all candidates are freely permitted to stand. Waheed is defying the world by continuing his political persecution of President Nasheed,” he said.

The President’s Office Human Rights Ambassador Ahmed Ibrahim “Sandhaanu” Didi told a press conference yesterday that the MDP “shouldn’t be allowed to exist” as it was an “unlawful organisation which commits terrorist activities”, and called on the Elections Commission to dissolve it.

Indian position

The Indian High Commission has so far made no indication that it intends to hand over Nasheed to the Maldivian police ahead of his scheduled trial.

Indian Minister of External Affairs Shri Salman Khurshid said on Monday that the former President “is a guest in the mission. He came and we extended courtesies and that’s it. This was explained to the [Maldives] foreign minister. We are not taking sides with anyone. We are not engaged or involved in the internal politics,” he said.

“As friends of the Maldives, our only expectation, and this is the expectation of the democratic world, is that elections which have been announced will hopefully be free and fair. As friends we obviously have advised anything that detracts from the perception of free fair elections is obviously not good for Maldives,” Khurshid said.

“The people of the Maldives have India’s support. Whoever the people of the Maldives elect will have India’s support. The Maldives can’t change its history. The Maldives cannot deny the history of somebody who was President of Maldives. And we cannot deny the Maldives’ present by saying that whatever there is at present is not to our liking. It’s the people of Maldives who decide and whoever they decide as their elected leadership, we will respect,” he added.

Meanwhile, the website of the Indian High Commission in the Maldives was hacked and a message displayed stating “Give us Nasheed or we kick the embassy!”

High Commission officials confirmed the website had been targeted twice in the past week, but was quickly repaired.

Ten arrested as protests continue

Demonstrations continued last night in the captial Male’, with a crowd of almost 1000 people beginning a march around the city from near the tsunami monument.

Police Sub-Inspector Hassan Haneef said ten people were arrested, including one minor, for throwing objects such as glass bottles at police.

No police were injured, and no force or pepper-spray was used to control the crowds of 250-500 people at the barricades, Haneef said.

Police have meanwhile released a video of demonstrators throwing objects at police lines during the recent protests, and requested public assistance in identifying the five people highlighted.

“Police request public assistance in identifying the five individuals marked in the video who have committed various felonies which have caused varying degrees of property damage and injured officers and media personnel,” police said in a statement.

“Anyone with any information about the identity or the whereabouts of these five individuals, please contact the Maldives Police Service Hotline at 3322111 or the Criminal Investigation Department at 9631696,” the statement added.

http://www.youtube.com/watch?feature=player_embedded&v=sA3UtrgiCvA

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UN Special Rapporteur on Independence of Judges and Lawyers arrives in the Maldives

The UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, arrived in the Maldives on Saturday (February 16) for a visit scheduled to last until February 24.

During her visit, Knaul will “examine measures taken to ensure the independence of the judiciary, prosecutors and lawyers, as well as their protection, and the obstacles encountered for an adequate, impartial and independent administration of justice”, the UN said in a statement.

Knaul, a judge from Brazil, will then submit her report and recommendations to the government and the UN Human Rights Council.

In its concluding statement following the Maldives’ Universal Periodic Review in 2012, the UN Human Rights Committee expressed concern that the composition and functioning of the Judicial Service Commission (JSC) “seriously compromises the realisation of measures to ensure the independence of the Judiciary as well as its impartiality and integrity.”

“The Committee is also concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the [Maldives]. The [Maldives] should take effective measures to reform the composition and the functioning of the Judicial Service Commission (JSC),” the UN report stated.

“It should also guarantee its independence and facilitate the impartiality and integrity of the Judiciary, so as to effectively protect human rights through the judicial process,” it added.

Although unrelated, Knaul’s visit comes days after former President Mohamed Nasheed sought refuge from a court summons inside the Indian High Commission in Male’.

The Hulhumale’ Magistrate Court, which is trying Nasheed for his detention of Chief Criminal Court Judge Abdulla Mohamed during his final days in office, was created by the Judicial Services Commission (JSC).

The JSC, which includes several of Nasheed’s direct political opponents including rival presidential candidate Gasim Ibrahim, also appointed the three-member panel of judges overhearing Nasheed’s trial.

Parliament’s Independent Institutions Oversight Committee had declared that the JSC’s creation of the Hulhumale’ Magistrate Court was unconstitutional.

However, the Supreme Court declared parliament overruled, issuing a statement that “no institution should meddle with the business of the courts”, and claiming that as it held authority over “constitutional and legal affairs” it would “not allow such interference to take place.”

“The judiciary established under the constitution is an independent and impartial institution and that all public institutions shall protect and uphold this independence and impartiality and therefore no institution shall interfere or influence the functioning of the courts,” the Supreme Court stated.

A subsequent request by the JSC that the Supreme Court bench rule on the court’s legitimacy resulted in a four to three vote in favour. The casting vote was made by Supreme Court Judge Adam Mohamed, also President of the JSC.

A troubled judiciary

Besides the UN Human Rights Committee, numerous international organisations and reports have challenged the political independence of the JSC and the judiciary.

A report by independent observers of the Nasheed trial from the UK Bar Human Rights Committee concluded that “a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives.”

A report by the International Committee of Jurists (ICJ) in February 2011 found that many judges were lacking in qualifications and independent attitude.

“How often do ordinary Maldivians look to the courts for justice? Is there a sense that ‘We [Maldivians] have an independent judiciary that is capable of resolving problems?’ I think the answer is no,” surmised Roger Normand, former Director of the ICJ’s Asia Pacific operations at the time.

“Historically, [independent resolution] has not been the role of judges [in the Maldives]. Judges were an outcome or a product of the executive power. This is not a controversial statement, this is an outline of what their legal role was in the previous [government],” Normand said.

The ICJ was highly critical of the the JSC, which it said was “unable to carry out its functions” to impartially vet and reappoint judges on the basis of qualification and background.

“To date, JSC decision-making has been perceived as being inappropriately influenced by a polarised political environment,” Normand said.

Former JSC member and whistleblower Aishath Velezinee first raised problems in the judiciary and JSC in August 2010.

“My experience, from being part of the complaints committee in the JSC, is that whenever a complaint is received, we have two judges on the complaints committee who will defend the [accused] judge, trashing the complainant, and talk about ‘taking action’ against these people ‘who are picking on judges’,” said Velezinee, in a 2010 interview.

“Then they will put out a press release: ‘Nobody should interfere with work of judges.’ Their interpretation is that ‘nobody should criticise us. We are above and beyond the law.’”

She was subsequently stabbed three times in the back in broad daylight on Male’s main tourist street in January 2011.

A more recent report produced by local NGO the Raajje Foundation and supported by the UNDP and the US State Department, noted that the JSC’s mission under the 2008 constitution to ensure the new judiciary was was clean, competent, and protected from political influence, “has sadly gone unfulfilled.”

“The courts have essentially been able to capture the JSC so as to ensure that the old judiciary remained in place under the new constitutional order,” the report noted, predicting the most likely national outcome a cycle of failed states.

President Dr Mohamed Waheed Hassan Manik has insisted on the government’s independence of the judiciary, stating that the court case “”has nothing to do with my government. Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained,” he said, in a statement on Sunday.

“My government has upheld the rule of law and respected all independent institutions. I am pleased to note that unlike in the past, within the last year, the President has not interfered in the work of the judiciary, the police, or the independent commissions,” Waheed’s statement read.

Meanwhile, Home Minister Mohamed Jameel – formerly Justice Minister under the 30 year autocracy of Maumoon Abdul Gayoom – told local media that it was “crucial [the judiciary] conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

“Every single day that goes by without the case being concluded contributes to creating doubt in the Maldivian people’s minds about the judiciary,” Jameel said.

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Protesters clash with security forces

Additional reporting by Mariyath Mohamed, Neil Merrett.

Thousands of supporters of former President Mohamed Nasheed marched through the streets of Male’ on Friday night, clashing with security forces until the early hours of the Saturday morning.

Minivan News observed a column of at least 5000 demonstrators marching through the city shortly before 10:00pm.  The demonstrators were accompanied by three pickup trucks playing party songs and a recorded speech by Nasheed.

The former President has been inside the Indian High Commission since Wednesday afternoon after he sought refuge from a court warrant ordering police to present him before the Hulhumale’ Magistrate Court.

Nasheed and his party have maintained that the charges – of illegally detaining Chief Criminal Court Judge Abdulla Mohamed prior to his controversial resignation on February 7, 2012 – are a politically-motivated attempt to prevent him from contesting presidential elections scheduled for later this year.

Protesters reached the restricted area near President Dr Mohamed Waheed Hassan Manik’s residence and were were blocked by a line of Maldives National Defence Force (MNDF) officers.

Protesters shook a bus that had been parked in front of MNDF until the driver stepped out, and then pushed it through the MNDF lines. The protesters were were pushed back after the MNDF line formed up again.  At this point, demonstrators were witnessed throwing objects at the officers.

Special Operations riot police arrived on the scene from a side street, conducting a baton charge without warning. Minivan News heard one masked riot policeman yell at the MNDF line: “If you’re not going to hit anybody why don’t you just go home?”

Police conducted baton charges into the crowd and detained a number of people, including Nasheed’s representative on the Commission of National Inquiry (CoNI) Ahmed Saeed, former Home Minister Hassan Afeef, and former Defence Minister Ameen Faisal.

Police Sub-Inspector Hassan Haneef confirmed 55 people were arrested including four women and one minor. Seven police were injured “severely”, he added.

At one stage, Minivan News heard a dozen discharges of what sounded like some kind of firearm, prompting a number of demonstrators to panic and disperse.

Riot police had been deployed with rubber bullet guns, however Haneef said these were not used.

“We responded with proportionate force given the situation,” he said.

Around 11:00pm on the road in front of the Salsa Royal restaurant, Minivan News observed a small group of supporters from a government-aligned political party urging police to “beat and kill” MDP supporters.

A female Minivan News journalist wearing press identification was hit on the back twice with a police baton, after the group called on police to “kill the Minivan bitch”.

As the protest escalated, senior MDP officials began leading protesters away from police lines. One group of women were yelling “We don’t want to go. We will die only once. We will fight.”

Minivan News observed one man on the ground, apparently unconscious.

Shortly before midnight, police used an irritant of some kind to disperse protesters, who were pushed back to the main street Majeedee Magu and regrouped at the southern end of the tourist strip.

Minivan News spoke to a resident of a nearby building, a woman in her early 60s, who said she had been sprayed directly in the face with pepper spray.  She  claimed that police had attempted to force their way into her house before she managed to close the door.

A middle-aged female relative of the woman from the same house told Minivan News, “She only panicked and tried to close the door when police attempt tried to barge in. I yelled at police to get out, and that they couldn’t just force their way into a private residence. Police then pepper-sprayed her while yelling ‘shut up, we can get in to any place we want’. They used much more vulgar language, of course.”

Shortly before midnight, the majority of the demonstrators who had gathered ahead of police lines on Chandhanee Magu moved back along the capital’s main strip of Majeedhee Magu to regroup and continue chants heckling the police and government.

Meanwhile, outside the Indian High Commission building at the centre of the week’s main political developments, there was near silence save for a small numbers of police at various checkpoints and groups of tourists making for their hotels.

The peace lasted for a few minutes until demonstrators began to arrive back on Sosun Magu on approach to the parliament building. Protesters began shining laser pointers at a small number of gathered officers guarding the street leading up to parliament, while a group of young men carried off police barricades and threatened some uniformed officers.

A small number of glass bottles and other missiles were thrown at police before riot officers reappeared and charged, pushing demonstrators and curious onlookers back up Sosun Magu. Minivan News observed a group of individuals hurling glass and bricks at officers in the build up to the baton charges.

Down an alleyway, Minivan News observed six or seven riot officers dragging a man on his back towards Sosun Magu before carrying him off to be arrested.

Protesters who had been forced back down the road were later observed by Minivan News returning to the area to collect their sandals, discarded when riot officers began baton charges to clear the area.

As the scene moved further down Sosun Magu, officers were heckled from balconies, many crowded with five or six people shouting at officers below.

Meanwhile, some residents, watching from their doorsteps on ground level were warned by police to remain in their buildings and avoid coming out onto the streets.

Protester hospitalised

At around 12:45am, a 32-year-old woman was admitted to ADK hospital after riot police arrested her in a side street from Orchid Magu.  The woman’s family alleged officers had hit her with batons on her neck and hands.

The girl was identified as Zeenath Zaki, the niece of former Home Minister Hassan Afeef who was arrested during the protests.

“At the moment she is okay, however doctors are keeping her in hospital while they carry out their investigation,” said the woman’s younger brother, Aalim Zaki.

Doctors had originally wanted to carry out a CT scan, however the woman had refused,” Aalim said.

“The ADK doctors have told us that once they conclude their investigation she will be discharged from hospital,” Aalim said.

Police Spokesperson Hassan Haneef said that the woman had been in the protest when police entered the crowd and that minimum force had been used to detain her.

“At the time, the situation was not like a normal protest. People were throwing stones at police officers and so we went by procedure and charged into the protest,” he said.

“At the time, we used minimum force. She was arrested and was shouting and crying before she became unconscious. At that point, we took her to ADK hospital,” Haneef said.

Haneef said allegations that police had put a substance into the woman’s mouth were “totally untrue”.

A small group of protesters including members of her family came to the ADK hospital shortly after she was admitted, as rumours spread that a protester had been seriously hurt.

Minivan News observed that a group of police Special Operation (SO) officers were also present.

Around 15 minutes later, a large group of male and female protesters came into the hospital and demanded to know what had happened to the woman.

Speaking to Minivan News, a member of family said that Zeenath had suffered an epileptic seizure while she was taken to police custody.

“She used to get fits when she was young. But she has not had a fit for a very long time after she took medication. But last night when she was in police custody, she had a fit. It is likely that the cause of the fit was due to police beatings,” the family member alleged.

Police response

In a statement, police claimed “groups of people led by members of the Maldivian Democratic Party (MDP) and supporters of President Nasheed have attempted to create unrest within the society both day and night. They have been attempting to create disorder and chaos amongst the society,” police stated.

“[This group] under the claim of freedom of expression and assembly have taken to the streets and are repeatedly seen indulging in unlawful activities, including throwing objects towards the police, forcing their way through police lines, obstructing police duty and inflicting damage on police property such as police barricades.

“It has also been noticed that some media outlets covering the protests are giving absolutely false information about police actions to public, thereby creating hatred and anger towards the police service. As the circumstances remain such, these protests cannot by any way be described as peaceful protests or protests carried out within the boundaries of the law,” the police statement concluded.

None of the demonstrators arrested had been released at time of press.

Sub-Inspector Haneef said “all allegations raised in the media concerning police using excessive force would be investigated internally.”

No officers were believed to have used excessive force at time of press, he said.

EU, Commonwealth issue statements

The UN, US, UK and now the EU and the Commonwealth have joined India in urging restraint on both sides, and “inclusive” elections in September.

Yesterday, EU High Representative Catherine Ashton said she was following the latest developments “with concern” and “called on all parties to refrain from actions or statements which are liable to inflame the political climate in the country.”

“I underline the urgent need to resume dialogue between the parties, so as to ensure that the presidential elections set for September 2013 are credible, transparent, inclusive and fully representative of the wishes of all Maldivians, and so that the reforms identified by the Commission of National Inquiry in August 2012 can be rapidly implemented,” she said in a statement.

The Commonwealth stated that Secretary-General Kamalesh Sharma had contacted President Waheed and “stressed the national importance of inclusive and credible presidential elections.”

“This requires that chosen candidates of political parties are able to contest the elections freely on a level playing field,” the Commonwealth stated.

In response to the international statements, the Maldives’ Foreign Ministry issued a statement emphasising that the political situation remained “calm and normal”, “and does not warrant other countries and international organisations to issue statements characterising the situation in any other light.”

The Foreign Ministry insisted that the judiciary and prosecutor general were independent, and said the court case against Nasheed “would have thus proceeded, and be where it is today, even if Mr Nasheed remained as president.”

“The government also has full faith in the ability of the Independent Elections Commission to decide the eligibility of various candidates contesting the elections and in organising the electoral process in accordance with the Constitution and the laws of the Maldives,” the government added.

“Public statements by other countries and international organisations that favour a particular candidate are seen by the people of the Maldives as attempts to influence the outcome of the elections in the Maldives,” the ministry said.

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US, UK, UN call for restraint, “inclusive” presidential elections

Foreign governments and international bodies have taken India’s lead, expressing concern over the political instability in the Maldives and emphasising the importance of all parties being able to put forward the candidates of their choice in the upcoming elections.

“Now that the President of the Election Commission of Maldives has announced that Presidential elections would be held on 7 September 2013, it is necessary that the Presidential nominees of recognised political parties be free to participate in the elections without any hindrance,” stated India’s Ministry of External Affairs (MEA) on Wednesday, after former President Mohamed Nasheed sought refuge in its High Commission.

“Prevention of participation by political leaders in the contest would call into question the integrity of the electoral process, thereby perpetuating the current political instability in Maldives,” the MEA stated.

The United States Embassy in Colombo urged “all sides to remain calm, reject the use of violence, and avoid rhetoric that could increase tensions.”

“Former President Nasheed must be accorded due process under the law regarding his pending court cases,” the US Embassy said in a statement.

“We urge that the Presidential elections scheduled for September 7, 2013 be free, fair, credible, transparent and inclusive. The integrity of and public confidence in the Maldivian electoral process must be maintained.

“Accordingly, we note that all parties participating in these elections should be able to put forward the candidate of their choice. We continue to urge all parties to chart a way forward that respects Maldivian democratic institutions, the rule of law, human rights and fundamental freedoms,” the US added.

The UK issued a statement similarly calling for calm and restraint.

“During FCO Minister Alistair Burt’s recent visit to Maldives, he said it was vital that the country move decisively towards free, fair and inclusive Presidential elections. He also stressed the importance of all parties being able to participate in elections with the candidate of their choice. It is important for all parties to avoid taking action which could lead to doubt over the integrity of the electoral process and contribute to continuing instability,” the UK’s Foreign and Commonwealth Office stated.

The UN Secretary General’s office stated that it was “monitoring the developments with concern”, and urged “all political actors to exercise restraint, renew their commitment to the constitution and work toward creating conducive conditions for fair, peaceful and inclusive elections.”

“All parties contesting the September 7 presidential elections should be able to field the candidates of their choice in accordance with the rule of law and the constitution,” the UN stated.

Transparency Maldives (TM), which will locally be conducting an extensive program of election monitoring, meanwhile expressed “deep concern over the continuing political polarisations and tensions that have strained the democratic gains from the past elections,” and called for all sides to “guarantee and sustain an environment conducive for free and fair and fully inclusive elections.”

“As such, there is an immediate need for the political and State leadership to resort to a process of negotiations towards addressing the challenges for free and fair and fully inclusive elections. At the heart of such a process should be showing leadership and a spirit of compromise that we saw during the pre-election and post-election period of the 2008 Presidential Elections,” Transparency stated.

Government speaks to India

Following India’s initial warning that a failure to allow all political leaders to contest the elections would call into question the integrity of the electoral process and perpetuate instability, the Maldives Ministry of Foreign Affairs Ministry declared it was “unfortunate that the Government of India has decided to comment on the types of candidates that could contest the upcoming Presidential Elections in the Maldives scheduled for September 2013.”

“The independent Elections Commission has not, as of date, announced the candidates for the elections. Furthermore the Government firmly believes that the Elections Commission of Maldives is fully capable of evaluating and deciding eligibility of nominees in the elections and carrying forward a credible electoral process. To presume otherwise would be undermining the democratic institutions of the country and the progress achieved by the Maldives in consolidating its democracy,” the Foreign Ministry said in a statement.

Nasheed’s on-going trial “is a matter handled by two independent State institutions, namely the Prosecutor General and the judiciary. Like any other democratic country, the executive branch of the Government of Maldives cannot, under the Constitution of the Maldives, interfere with the independence of the judiciary, and will indeed ensure that the independence of the judiciary is always upheld.”

Home Minister Mohamed Jameel was more direct, telling local media yesterday that any attempts by another country to prevent a person from facing charges pressed by an independent Prosecutor General, could be described as interfering domestic matters of a sovereign state.

Jameel – formerly Justice Minister under Gayoom’s government – maintained that the charges levied against the opposition Maldivian Democratic Party (MDP) presidential candidate were serious as they involved the “abduction of a senior judge”.

India’s Minister of External Affairs Salman Khurshid meanwhile spoke to his Maldivian counterpart Dr Samad Abdulla on Thursday (February 14).

Samad told Khurshid there were no court summons pending for Nasheed “but in the instance that such a summons is issued, Nasheed will have to attend the hearing.”

“Samad also said that it is unacceptable for any person to speak against this, as this is in accordance with the constitution of the Maldives,” read a translated statement from the Ministry of Foreign Affairs.

According to the MEA, Khurshid told Samad that India “has broad based contacts with all political parties and democratic institutions in the Maldives, without interfering in the internal affairs of the country”, as part of its “commitment to multi-party democracy.”

“India has stressed in the past that it would like to see free, fair, credible and inclusive elections leading up to a stable, peaceful and prosperous Maldives. India would be happy to work with the Government and all political parties in the facilitation of this objective,” the MEA stated.

Samad had assured Khurshid that the Maldivian government “would do its utmost to prevent any precipitate act that adversely affects the atmosphere for a free and fair democratic process and rule of law,” the MEA added.

Situation on the ground

Some protests took place on Thursday evening and there were reports of three arrests, less than those recorded the previous evening, which saw 16 arrests from a crowd of 1500 people.

Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor said the party was planning protests on Friday evening from 9:00pm.

Nasheed has called for an interim caretaker government in the lead up to the elections. He remains inside the Indian High Commission, despite the government’s insistence he is free to move around after a warrant for his arrest issued by the Hulhumale Magistrate Court expired with the cancellation of Wednesday’s trial hearing.

“It is difficult to say [how long Nasheed will remain inside] because the situation is so fluid,” said Ghafoor.

“I don’t think he will stay any longer than he needs to. The focus is on finding an interim solution. The party has advised him not to leave. It is unthinkable for him to step outside, as he will be killed. None of us feel safe right now. We have no other choice,” he said.

Ghafoor said the party did not consider the Hulhumale’ court’s independence from the government or its independence, despite the government’s insistence to the contrary.

The Hulhumale’ Magistrate Court was created by the Judicial Services Commission (JSC) in violation of the Judicature Act, the MDP contend. The JSC has also appointed the three-member panel of judges hearing Nasheed’s case at the court.

“We do not trust warrants from this court,” Ghafoor said. “During the Supreme Court’s 4:3 decision favouring the legitimacy of the Hulhumale Magistrate Court, Supreme Court Judge Adam Mohamed went to the Supreme Court as an appellant. He is head of the JSC, he threw the casting vote in the Supreme Court decision, and the judiciary accepts this,” Ghafoor said.

“[Government-aligned] Jumhoree Party leader and resort owner Gasim Ibrahim is also a member of the JSC, which appointed the panel of judges. Gasim is a rival presidential candidate to Nasheed,” Ghafoor noted.

“This country is set to explode unless India helps us.”

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Police arrest 16 protesters during demonstrations by Nasheed supporters

Protesters supporting the former Maldivian President gathered last night at an intersection near the Indian High Commission where Mohamed Nasheed has sought refuge from police seeking his arrest.

Riot police took up position outside the diplomatic premises shortly after 1:00pm yesterday, blocking the street outside to pedestrians and placing checkpoints in adjoining streets.

The street outside the High Commission was clear aside from a small group of police, including Special Operations officers and piles of riot shields.

Down the road, the crowd at the Sosun Magu junction were blocked by a line of police, and had reached an estimated 1500 people by around 10:45pm. Police entered the crowd and arrested several protesters, after glass bottles and temporary barricades were thrown into the police line.

As the day’s protests drew to an end last night, the area surrounding the Indian High Commission building on Ameer Ahmed Magu was in near silence after being cordoned off by police.  Minivan News observed at the time a minimal police presence across the street,  despite the diplomatic drama earlier in the day that had been covered throughout international media.

Further down the road towards the opposition demonstration, remnants of glass bottles that had been hurled at police earlier in the evening were the only visible sign of scuffles between law enforcement officers and Nasheed supporters.

Meanwhile, shortly before the protests concluded at around midnight, protesters who attempted to force their way through to the parliament building were met by police charges.

Police later announced they had arrested 16 people during Wednesday’s protests, including one minor and one female.

According to police, 11 of those arrested were on charges of obstructing police duty, breaking police cordons, entering closed areas and threatening police.

Authorities said the woman and one man arrested were intoxicated and had tried to enter restricted areas, as well as throwing water bottles and stones at police. No injuries were reported.

The courts had released two of those detained at time of press.

Maldivian Democratic Party (MDP) MPs and protest leaders called a halt to the protest around midnight, vowing to gather in the area every night while the former President remains in the High Commission.

Meanwhile, from inside the commission, former President Nasheed issued a statement calling on President Mohamed Waheed to step down from office and make way for an interim government that would oversee free and fair presidential elections.

“The events of the past year – the mass arrests, the police brutality, the politically motivated trials – demonstrate that Dr Waheed cannot be trusted to hold a free and fair election. Waheed should do the right thing and resign from office. An interim, caretaker government should be established that can lead the Maldives to genuinely free and fair elections, in which all candidates are freely able to compete,” said Nasheed.

He labelled his ongoing trial “a politically motivated sham” and said the Hulhumale’ Magistrate Court – established to hear his case – was illegal and created “with the sole purpose of disqualifying me from standing in the presidential elections.”

“The fate of Maldivian democracy hangs in the balance. The Maldivian people must not be robbed of their democratic right to elect a leader of their choosing,” he added.

In a statement, police accused Nasheed’s supporters of “voicing out their hatred towards police and spreading untruthful rumors of police trying to arrest Nasheed unlawfully, despite the Hulhumale’ Court’s court order.”

“The Maldives Police Service strongly condemns the spreading of incorrect rumors and assures the general public that police will stand to implement lawful court orders,” the statement read.

Sub Inspector Hassan Haneef would not confirm whether police would arrest the former President were he to step outside the Indian High Commission, and was unclear as to whether the court warrant to present the former President was still valid after the trial hearing was cancelled yesterday in Nasheed’s absence.

“Ex-president Nasheed is inside the Indian High Commission. It is not a question of arresting him, but making sure he is secure,” Haneef said, adding that school children were being allowed to move freely through the area this morning.

Correction: An earlier version of this article included a tweet from a Twitter account attributed to PPM MP Yameen Abdul Gayoom. Minivan News has been unable to establish the authenticity of this twitter account, and has removed the quote.

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India backs inclusive elections, as former President takes refuge in High Commission

The Indian government has confirmed that former President Mohamed Nasheed has requested India’s assistance after police sought to arrest him and present him to the Hulhumale’ Magistrate Court this afternoon.

Nasheed had previously missed a court hearing scheduled for February 10, which was cancelled in his absence. His Maldivian Democratic Party (MDP) maintain that the charges – based on his detaining Chief Judge of the Criminal Court Abdulla Mohamed during his final days in office – are a politically-motivated attempt to prevent him contesting the 2013 elections.

Rumours of Nasheed’s imminent arrest began to circulate on Tuesday (February 12) ahead of a scheduled hearing at 4:00pm the following day, prompting his supporters to camp in the narrow alley outside his family home in Male’.

By this morning, Nasheed entered the Indian High Commission, purportedly to “seek advice” from High Commissioner D M Mulay.

Shortly after 1:00pm, riot police blocked off the street outside the High Commission, as Nasheed’s supporters began to gather at the barricades.

The former President subsequently tweeted: “Mindful of my own security and stability in the Indian Ocean, I have taken refuge at the Indian High Commission in Maldives.”

“As a close and friendly neighbour, India has expressed concern over the ongoing political instability in Maldives and called upon the government and all political parties to adhere strictly to democratic principles and the rule of law, thereby paving the way for free, fair, credible and inclusive elections,” the Indian Government said in a statement this evening.

“Following the arrest warrant issued against him by the Hulhumale’ Magistrate Court, the former Maldivian President Mohamed Nasheed, who is a candidate for the Presidential elections in Maldives scheduled for September 2013, is in the Indian High Commission and has sought India’s assistance. We are in touch with the relevant Maldivian authorities to resolve the situation,” the statement added.

“Now that the President of the Election Commission of Maldives has announced that Presidential elections would be held on 7 September 2013, it is necessary that the Presidential nominees of recognised political parties be free to participate in the elections without any hindrance. Prevention of participation by political leaders in the contest would call into question the integrity of the electoral process, thereby perpetuating the current political instability in Maldives.”

India’s Ministry of External Affairs concluded its statement by contending it was “not in the interest” of the Maldives or the region to prevent any candidate from contesting the country’s presidential elections later this year.

“India would call upon the government and all political parties in Maldives to avoid any actions that would vitiate the political atmosphere in the Maldives,” its statement read.

In a tweet this afternoon, Home Minister Dr Mohamed Jameel implied that India was  meddling in the Maldives’ internal affairs: “What’s happening now gives us an indication of the extent and level of interest some countries prepared to take in our internal matters,” he said.

“I would strongly urge everyone to let our institutions deal with the challenges, allow Maldives to uphold rule of law,” he tweeted.

The Home Minister – also formerly Justice Minister during the Maldives’ 30 year autocracy – recently urged the courts “to conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

“Every single day that goes by without the case being concluded contributes to creating doubt in the Maldivian people’s minds about the judiciary,” the home minister stated at the time.

The Maldives Ministry of Foreign Affairs issued a statement today in response to media reports that Nasheed had “sought refuge” in the High Commission, following the court’s issuing of an arrest warrant.

“Upon contacting, the High Commission of India confirmed President Nasheed’s presence at the Chancery and informed that he was present there for a meeting with the High Commissioner,” read the statement.

“The Ministry confirms that the government of Maldives will uphold and respect its obligations under international law with regard to diplomatic immunities and privileges granted to resident diplomatic missions. The Government is confident that all parties concerned, including the High Commission of India, will respect the laws of the Maldives and judicial independence as prescribed in the Constitution.”

Protests building

Minivan News observed crowds growing around the barricades at Sosun Magu. Shortly after 6:00pm, the crowd of around 700 people was charged and scattered by a group of 30 Special Operations officers in riot gear.

Former Minister of Housing and Environment in Nasheed’s government, Mohamed Aslam, has confirmed that the MDP’s National Council had today approved “direct action” against the government, notably a campaign of widespread civil disobedience.

“The whole situation is very fluid right now. Nothing will be ruled out,” he said. “What we are demanding is a transitional government, as well as free and fair elections that would include [former President] Nasheed.”

Aslam said that following a march of more than 10,000 in the capital on Friday (February 8 ) showed Nasheed had widespread popular support for contesting the elections.

Reports on social media meanwhile suggested that Nasheed’s luggage was being transferred to the Indian High Commission at time of press.

Disputed court case

Nasheed and his legal team have disputed both the charges against him, and the legitimacy of the Hulhumale’ Magistrate Court. The latter was created by the Judicial Services Commission (JSC). Nasheed’s lawyers have argued therefore that the court has no legal or constitutional authority.

Nasheed’s team raised these points in the first hearing of the case, stalling the process with a run of appeals and assorted injunctions.

Eventually the JSC asked the seven-member Supreme Court bench to rule on the court’s legitimacy, which it did in December 2012.  The court’s legitimacy was approved by four judges to three.

Former Attorney General Husnu al Suood observed at the time that Supreme Court Judge Adam Mohamed Abdulla should not have participated in the vote as he was also the President of the JSC, which therefore amounted to “presumption of bias”.

Meanwhile, the JSC appointed a three-member panel of judges to oversee the trial of the former president.

The Commission’s members include two of Nasheed’s direct political opponents, including Speaker of Parliament Abdulla Shahid – Deputy of the government-aligned Dhivehi Rayithunge Party (DRP) – and Gasim Ibrahim, a resort tycoon, media owner, MP and leader of the Jumhoree Party (JP), also a member of the governing coalition.

Numerous international organisations and reports have challenged the political independence of the JSC and the judiciary.

One recent report produced by local NGO the Raajje Foundation and supported by the UNDP and the US State Department, noted that the JSC’s mission under the 2008 constitution to ensure the new judiciary was was clean, competent, and protected from political influence, “has sadly gone unfulfilled.”

“The courts have essentially been able to capture the JSC so as to ensure that the old judiciary remained in place under the new constitutional order,” the report noted, predicting that the most likely scenario for the Maldives’ future was a cycle of failed governments.

Minivan News will continue live updates on the unfolding situation here

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