Author: JJ Robinson

Nasheed’s arrest the “end of Maldivian democracy”: MDP

The Maldivian Democratic Party (MDP) has called for protests following the arrest of former President Mohamed Nasheed by masked riot police on Monday morning.

Nasheed was in the Dhoonidhoo island detention centre on Monday night, awaiting his trial on Tuesday.

“October 8, 2012 will be remembered as the day that democracy died in the Maldives,” said MDP spokesperson Hamid Abdul Ghafoor in a statement.

“The reality is it has been on life-support since February, but today the plug was pulled and the lights turned off,” Ghafoor said.

Thirty-four members of the MDP’s National Council met following Nasheed’s arrest and declared that they would present information about Nasheed’s situation at 8:00pm on Monday evening, before calling for protests.

Nasheed defied a travel ban and multiple summons from the Hulhumale’ Magistrate Court, after his party disputed the legitimacy of the court and labelled the charges against him as a politically-motivated effort to sabotage the party’s southern atoll election campaign, and Nasheed’s candidacy in the next presidential election.

“There is huge contention whether Hulhumale’ Court has been granted powers by the law to try any case whatsoever,” wrote former chair of the committee that drafted the 2008 constitution, Ibrahim ‘Ibra’ Ismail.

“The Constitution says very clearly that trial courts will be defined and created by law. When Parliament created courts by the Judicature Act, there was no “Hulhumale’ Court” designated as a Magistrates Court. The Supreme Court itself is still sitting on the case of the validity of the Hulhumale’ Court. It was created by the Judicial Service Commission (JSC), without authority derived from law,” wrote Ismail.

“Therefore the validity of any orders or judgements issued by this court is questionable, and the Constitution says no one has to obey any unlawful orders, ie orders which are not derived from law. Therefore, President Nasheed’s decision to ignore the summons has more than reasonable legal grounds,” he stated.

Ismail further noted that court summons were routinely ignored without consequence by political figures allied with the current government, observing that People’s Alliance (PA) MP and Deputy Speaker of Parliament Ahmed Nazim had defied 11 summons before appearing in court over corruption charges.

“Impunity can only be matched by impunity,” Ismail stated.

“The outlook appears to be rather bleak. There will be chaos. There already is. It may worsen. And then, if we are lucky, out of chaos will emerge order. But what kind of order it will be depends on which paradigm wins. At this point in time, I would tentatively suggest it may be religious extremism.”

Morning arrest

Nasheed was arrested on the southern island of Fares-Mathoda, where he was reportedly scheduled to meet the Danish Ambassador, and was put on a speedboat bound for Male’ where he is due to appear in court on Tuesday.

Saleema Mohamed, a participant of the campaign trip, was inside the living room when the police entered the house, noted an MDP statement.

“They pushed their way in, hurting anyone inside the house. Minister Aslam asked them repeatedly to calm down and to not hurt anyone. He was saying: ‘this is my house’. The police shoved him and pushed him and he fell on the glass table and broke the table,” Saleema said.

According to the party’s statement, “the police forcefully entered Aslam’s house, barging onlookers out of the way. They used shields, batons as well as foul language at the people gathered near the house. Nasheed’s former Minister of Foreign Affairs, Ahmed Naseem, and former Press Secretary Mohamed Zuhair, were pepper sprayed by the police and violently dragged from the house, while the police also removed members of parliament from the scene.”

Police Spokesperson Sub-Inspector Hassan Haneef earlier stated that “there was no trouble. Nasheed was very cooperative,” but was unable to confirm whether police had used pepper spray.

President’s Office Media Secretary Masood Imad said the office wished to “stay clear of this matter.”

“We have asked the Maldives Police Service to notify media of any developments. We know as much as the [media] about developments,” he said.

Defence Minister Mohamed Nazim has meanwhile launched a second case against former President Nasheed, seeking MVR 3.75 million (US$243,506) in compensation for defamation after Nasheed called him a “baghee” (traitor).

Nasheed’s lawyer, former Human Resources Minister Hassan Latheef, said Nasheed would defend himself by proving that the allegations were true.

US Embassy statement

The US Embassy in Colombo has issued a statement urging “all parties to find a way forward that respects Maldivian democratic institutions, the rule of law and the Maldivian constitution, as well as protects human rights and fundamental freedoms.”

“We urge all sides to remain calm, reject the use of violence and to avoid rhetoric that could increase tensions. It is our expectation that former President Nasheed be given every due process that the law allows,” the embassy stated.

“In response to statements that somehow the United States was involved in the detention of former President Nasheed, the Embassy strongly denies that claim,” it added.

“We note that all US law enforcement cooperation [with the Maldives] includes activities that focus on professionalisation and professional development of the police and places special emphasis on the need to adhere to international standards of human rights and the strengthening of democratic institutions and the rule of law.”

Likes(0)Dislikes(0)

Former President Nasheed arrested in morning raid

Additional reporting by Mariyath Mohamed

Masked police in gas masks and riot gear have stormed a house on Fares-Mathoda in Gaaf Dhaal Atoll and taken former President Mohamed Nasheed into custody.

The arrest follows the Hulhumale Magistrate Court yesterday issuing a warrant for Nasheed’s arrest and presentation in court on Tuesday October 9.

Maldivian Democratic Party (MDP) MPs Imthiyaz Fahmy and Ilyas Labeeb were also taken into custody, along with former Minister of Environment Mohamed Aslam.

An MDP source on the island told Minivan News the three were not arrested but had accompanied Nasheed voluntarily.

“They did not want to let him be taken alone,” said the source, claiming that 50 police were involved in the operation to break down the door and take the country’s first democratically-elected President into custody.

MDP Chairperson Reeko Moosa Manik said police broke down the door of the house and pepper sprayed the former President.

“Everybody was masked and in riot gear, and we couldn’t identify any of the police officers,” Moosa said.

Police Sub-Inspector Hassan Haneef confirmed that Nasheed would be returned to Male’ where he will be presented in court tomorrow.

Haneef said that Nasheed had been taken at around 9:45am.

“There was no trouble. Nasheed was very cooperative,” Haneef said, but was unable to confirm whether police had used pepper spray.

President’s Office Spokesperson Abbas Adil Riza tweeted on October 5 that “After Tuesday morning either you are with us or with the enemy. There is no negotiation or middle ground after Tuesday,” however Minivan News is trying to confirm whether Riza was referring to the trial of Nasheed or last week’s murder of Progressive Party of the Maldives (PPM), Dr Afrasheem Ali.

Riza was not responding at time of press. However President’s Office Media Secretary Masood Imad told Minivan News that the government had not been contacted by any foreign governments or international organisations expressing concern over the detention of the former President.

“We have asked the Maldives Police Service to notify media of any developments.  The President’s Office wishes to stay clear of this matter,” he said. “We know as much as the [media] about developments right now.”
Masood added that he had been informed that despite allegations raised by the MDP concerning alleged use of excessive force to seize the former president, police authorities had said insisted that officers had acted with restraint.
“I’m told [Nasheed] asked for a box of cigarettes, a request that [officers] granted.  He was given Benson and Hedges as I understand,” Masood said.

Charges against Nasheed

The issuing of the warrant – exactly seven months after Nasheed’s ousting – follows his defiance of a court-ordered travel ban outside the capital Male’, and two court summons.

The MDP has disputed the legitimacy of the Hulhumale court and three-member panel of judges appointed to oversee the proceedings, and sought to appeal in the High Court.

The party today called on the Supreme Court to declare the Hulhumale Court illegitimate, and announced its intention to launch protests.

The specific charge against the former President concerns his detention of Chief Judge of the Criminal Court, Abdulla Mohamed, during his final days in office.

Nasheed’s government justified the judge’s detention on the basis of national security, claiming he had “taken the entire criminal justice system in his fist”, and that the institutions mandated with keeping the judiciary accountable – the Judicial Services Commission (JSC) and Parliament’s Independent Commissions Committee – were politically manipulated by the former regime.

The state alleges that Nasheed violated Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

If found guilty, Nasheed will face a jail sentence or banishment for three years or a MVR 3000 (US$193.5) fine, a sentence that would bar him from contesting future elections.

Former Minister of Defence Tholhath Ibrahim Kaleyfaan, Maldives National Defence Force (MNDF) Colonel Mohamed Ziyad, former Chief of Defence Moosa Ali Jaleel and MNDF Southern Commander Brigadier-General Ibrahim Mohamed Didi also face charges.

Nasheed and his Maldivian Democratic Party (MDP) reacted last week by rejecting the authority of the country’s lower courts, contending that the trial was a politically-motivated attempt to prevent Nasheed from running in the 2013 Presidential election.

The MDP said yesterday that the party was “deeply disturbed and worried” about the decision to arrest the party’s presidential candidate, “and produce him to a widely disputed court.”

“The MDP notes with grave concern the state proceeds to prosecute President Nasheed while the UNHRC, ICJ, CoNI report, Amnesty International, FIDH, other leading human rights groups and our bilateral partners have expressed deep concerns over the independence and competence of the Maldivian judiciary,” the party said.

“We are currently on presidential campaign trail by boats in the Southern atolls. This trip has been organized for months and immediately after the dates of the trip were announced, the courts decided to summon our candidate to a court that is unlawfully established. Leading experts and lawyers have questioned the legitimacy of this court,” MDP spokesperson Hamid Abdul Ghafoor.

“This is not about justice. This is a politically motivated trial to invalidate our candidate’s candidacy and to deliberately disrupt the MDP’s presidential campaign. We are in the largest voting centers and it is very clear who will win the elections. They can only win the elections by invalidating his candidacy. We are deeply disturbed by the developing situation. We do not believe he will have a fair trial,” said Ghafoor.

Return to prison

Nasheed became the Maldives’ first democratically elected President in 2008, ending the 30 year rule of Maumoon Abdul Gayoom, Asia’s longest serving leader.

Under Gayoom’s rule Nasheed spent 18 months in jail, including long periods in solitary confinement, and was declared an Amnesty prisoner of conscience.

He resigned from office on February 7 after police and military officers joined forces with opposition demonstrators and assaulted the country’s military headquarters and state broadcaster. Leadership passed to his Vice President, Dr Mohamed Waheed Hassan.

A Commonwealth-backed domestic inquiry in August concluded that the transfer of power was legitimate, however the MDP alleged key testimonies were overlooked and evidence dismissed.

The controversial transfer of power has resulted in months of political instability and a growing culture of violence and impunity in the Maldives, more famous for its upmarket tourist resorts and celebrity clientele.

A moderate Islamic scholar and MP of the government-aligned Progressive Party of the Maldives (PPM), Dr Afrasheem Ali, was stabbed to death outside his home on October 1, the country’s 10th murder this year.

Nasheed arrest follows the resignation yesterday of Head of the Police Integrity Commission (PIC) Shahinda Ismail, citing “major differences in opinion” with other PIC members.

A PIC report into police brutality during the February 8 crackdown contained contradictory findings, alleging that police action was justified by destruction of property. However Commissioner Shahinda disavowed the finding and stated that the police action was against the law as there was no evidence of illegal activity by demonstrators.

Shahinda’s husband, Deputy Prosecutor General Hussain Shameen, also resigned, claiming he was going to study for his masters in the UK.

Likes(0)Dislikes(0)

India concerned over Maldives’ political instability, investment climate

The Indian government has expressed concern over continuing political instability in the Maldives, following the murder of Progressive Party of the Maldives (PPM) MP Afrasheem Ali this week.

In a statement on Thursday, India’s External Affairs Ministry said it had “consistently emphasised that peace and stability are necessary prerequisites to the firm implantation of democracy, as well as for the economic growth and prosperity of the people of Maldives.”

“We call upon all parties in Maldives to continue to work towards facilitating an early and commonly acceptable internal solution to the political impasse in the country. In this context, India urges the government of Maldives and all political parties to adhere strictly to democratic principles and the rule of law thus paving the way for the holding of free, fair and credible elections. Violence should find no place in democracies,” the Ministry stated.

India also called on the Maldivian government “to ensure a propitious climate for foreign investments, which have a direct bearing on the economic growth and development of Maldives.”

The latter remark comes after parties in the ruling coalition last month stepped up rhetoric calling for nationalisation of Ibrahim Nasir International Airport (INIA), currently being developed and managed by Indian firm GMR in the Maldives’ single largest foreign investment.

Following the controversial transfer of power on February 7, President Dr Mohamed Waheed Hassan’s government has swung between issuing reassurances within diplomatic circles that Indian investments in the country would be protected, while locally stepping up nationalisation rhetoric.

Last week, GMR’s Airports CFO Sidharth Kapur told Indian television channel CNBC that the dispute could affect the country’s investment climate.

“While we have invested both debt and equity into this project, these kind of problems naturally affect the investment climate of any region,” said Kapur.

Discussing the GMR case last week, the Maldives National Chamber of Commerce and Industries (MNCCI) assured Minivan News that investor confidence was not being harmed, though the body did describe the investment climate as “challenging”.

India meanwhile recently granted the Maldives a further US$25 million as part of a US$100 million standby credit facility agreed during last November’s official visit from Prime Minister Manmoham Singh.

The deal represents the third instalment of the credit facility, with the previous two instalments having amounted to US$50 million. The previous tranche of US$30 million was released following President Waheed’s first official visit to India in May.

The assistance comes at a time the Maldives is facing a crippling financial position.

Minister of Finance Abdulla Jihad told parliament’s Finance Committee that this year’s budget deficit is set to be double the original estimate of MVR 3 billion (US$195million).

Jihad told Parliament’s Finance Committee that state spending this year, MVR 9 billion (US$590 million), had outstripped earnings by 28 percent.

Likes(0)Dislikes(0)

Police arrest four in connection with murder of MP Afrasheem

Police have arrested four suspects in their investigation into the murder of Progressive Party of the Maldives (PPM) MP Dr Afrasheem Ali.

The member for Ungoofaaru constituency in Raa Atoll was murdered on Monday night shortly after returning home from appearing on the TVM show, “Islamee Dhiriulhun” (Islamic Life).

The show finished around 11:00pm.  Afrasheem’s body was discovered by his wife at the bottom of the stairs of their apartment building shortly after midnight.

The MP had been hit four times in the back of the head and a chunk of his skull was missing. He also suffered stab wounds to the chest and neck, according to reports at the time. He was buried on Tuesday after Asr prayers with full state honours.

Assistant Commissioner of Police Hassan Habeeb in a press briefing today revealed that three men and one woman had been arrested, but declined to identify them as it could “hinder the ongoing investigation.”

Habeeb urged the public to provide any information relating to the murder case. He said police were particularly interested in speaking to anybody who had seen Dr Afrasheem or his car between 10pm to 11pm the night he was murdered.

He also declined to confirm reports appearing within local media that the arrested female was a member of the Maldivian Democratic Party (MDP).

MDP activist Mariyam Naifa was arrested in Male’s Dolphin Cafe on Tuesday night, and will appear in court at 7:00pm on Wednesday. Naifa’s lawyer said she was arrested in connection to intelligence received by police in the Afrasheem case. Supporters began a campaign for her release on social media.

“We are not arresting people based on their political affiliations,” Habeeb insisted during today’s press conference.

Meanwhile, police on Wednesday conducted a search of the MDP’s protest camp at Usfasgandu. Police did not confirm if the search of the site with metal detectors was related to the death of Afrasheem.  However MDP MP Eva Abdulla, who was at the site when police arrived, claimed an officer had informed her that the area was being searched in connection with the Afrasheem case.

Police on May 29 raided the site on the pretext that it was being used for the practice of black magic, discovering what they claimed was black magic paraphernalia and a packet of condoms.

Police meanwhile today disputed allegations in local media that they had made a decision to withdraw MP Afrasheem’s security shortly before his death.

Deputy Police Commissioner Hussain Waheed told reporters that Afrasheem had contacted him on September 5 requesting security be provided.

According to local newspaper Haveeru, Deputy Commissioner Waheed said Afrasheem had called for police protection twice as of September 22, but had then informed him “that I’m quite cool and relaxed now.”

Waheed said Afrasheem had not elaborated as to why he had requested protection in the first place, claiming only that he was experiencing “trouble” from certain people.

Condemning the attack

The Inter-Parliamentary Union (IPU) has condemned Dr Afrasheem’s murder, “the first MP to have been killed [amid] constant political tensions in the Maldives [that] have led to many serious outbreaks of violence.”

“The death is the latest and most tragic act of violence in a country that has been in a political crisis since the start of the year,” the IPU stated.

“The organisation is seriously concerned of reports that other MPs are receiving death threats, including through social media channels such as Twitter. A number of Maldivian MPs are registered with the IPU Committee on the Human Rights of Parliamentarians because of the violence, intimidation and political harassment they are suffering. The IPU will be monitoring them and following up on developments in Maldives very closely to help ensure their safety,” the international group stated.

Former President Mohamed Nasheed, currently campaigning in the southern atolls of the country, condemned Afrasheem’s murder and called for people to embrace the moderate Islamic views of the murdered religious scholar.

Local media reported that the MDP held a minute’s silence during its rally on Kolamaafushi in Gaa Alif Atoll.

UN Resident Coordinator Andrew Cox issued a statement calling for “mourning, reflection, and national unity.”

“Dr. Afrasheem distinguished himself in many ways, as a public servant, an accomplished scholar and as a member of parliament. Our thoughts are with his family, friends and colleagues in the People’s Majlis,” the statement read.

Amnesty International condemned the “shocking act of violence”.

“We call on the Maldives authorities to ensure that the investigation into the killing meets international human rights standards, and that no suspect is ill-treated or tortured,” said Abbas Faiz, Amnesty International’s Researcher on the Maldives.

“Given the current tense climate in the Maldives, all political actors must show restraint and ensure that this killing does not lead to more violence,” Faiz stated.

Likes(0)Dislikes(0)

“Fragile democracy under threat”: Richard Branson, Ed Norton among signatories for fresh elections

Business tycoon Richard Branson and ‘Fight Club’ actor Ed Norton are among dozens of international celebrities and activists who have signed a letter calling for the Maldivian government to halt harassment of the opposition and “hold democratic elections at the earliest opportunity.”

The letter, published in the UK’s Guardian newspaper, expresses concern over former President Mohamed Nasheed’s “island arrest”.

“The ban was then followed by a series of orders to appear in court this week on spurious civil and criminal charges – a strategy of legal harassment pursued by the illegitimate regime of Mohamed Waheed. Its sole purpose is to sideline Nasheed from active politics and further stamp out any political opposition,” the letter stated.

President’s Office Spokesperson Masood Imad told Radio Australia on Tuesday that the government on assumption of office “made it clear we would in no way interfere with the process of the judiciary. The judge summoned Mr Nasheed but he absconded. I believe he will be summoned again and if he does not appear in court, he will issue an order for his arrest.”

The letter further stated that “the outlook for democracy in the Maldives is deteriorating. The circumstances surrounding Nasheed’s removal from power earlier this year remain a matter of dispute, but other matters are beyond doubt.”

Specifically, it noted that “no date has been set for free and fair elections by this unelected regime, which has links to former dictator Abdul Gayoom,” and that “nearly 2,000 peaceful demonstrators calling for elections have been detained by security forces, many beaten and hospitalised.”

“Sadly, much of this remains largely unreported by the world’s media. A young and fragile democracy is under threat once more and we therefore call upon [President] Mohamed Waheed to set a firm date for free and fair elections immediately, to end the culture of systematic police brutality and to release all political detainees including opposition leader Mohamed Nasheed.”

As well as Branson and Norton, signatories included Radiohead guitarist Thom Yorke, actress Darryl Hannah, 350.org founder Bill McKibben, the Eden Project’s Tim Smit, and philosopher and ethicist Peter Singer.

Norton, Branson and Hannah were fixtures at last year’s Slow Life Symposium held at the upmarket Soneva Fushi resort in the Maldives.

Branson first waded into Maldivian politics on his blog on February 24, calling on President Waheed to “do the right thing” and hold free and fair elections before the end of the year.

It was, Branson wrote to Dr Waheed, “completely astounding that you have been part of an overthrow of a democratically elected government that has effectively let the old regime back into power.”

“Knowing you, I would assume that you were given no choice and that it was through threats that you have ended up in this position,” Branson said. “I do very much hope that was the case rather than you doing it of your own free will.”

Days later, Branson wrote another entry, saying that he had spoken on the phone to Dr Waheed, who told him he had appointed “a respected person” to examine the truth of what caused President Nasheed to “resign”.

“He says that he didn’t know who issued an arrest warrant for President Nasheed after he left office but that it had been rescinded within 48 hours. He is determined to be an honest broker, to be seen to be one, and to get everyone’s confidence. He said that he offered to bring in people from President Nasheed’s party but they refused to join.”

A few days later, Branson wrote a third post, resuming his first call for early elections “as soon as feasibly possible”.

The Soneva Group meanwhile found itself embroiled in local politics in August, composing a statement in response to allegations published in the UK media that the company’s head, Sonu Shivdasani, had engaged a PR firm to “spruce up” the image of Dr Mohamed Waheed’s government.

The article in Private Eye magazine contended that post February 7, an “unlikely alliance” had emerged between certain resorts – desperate to stabilise the sudden political instability for the sake of their bottom lines – and the new government, a loose alliance of ambitious political elements who came to power on a platform of Islamic conservatism.

“The reality is that the Maldives – already favoured by footballers, Russian gangsters and off-duty Israeli arms dealers – are an even harder sell since the coup has given us an unlikely alliance between hoteliers promoting bikini-clad, cocktail-fuelled luxury and a government that includes two imams, wants to bring back the death penalty and has done nothing about the destruction by supporters of the coup of the national museum’s entire pre-Islamic collection,” the article stated.

In a counter statement from the group, obtained by Minivan News, the company sought to clarify the “facts” of the case.

“Sonu Shivdasani does not have a political relationship with President Mohamed Waheed, their interaction revolves specifically around environmental and ecological issues,” the Soneva statement read.

A source within the Soneva Group described the situation as “a bloody mess”.

Shivdasani “completely fell for Waheed’s line that Nasheed didn’t resign under duress” and had – unsuccessfully – asked a number of PR agencies to set up interviews for the new President, Minivan News was informed.

The source surmised that Shivdasani had “innocently, stupidly, somehow believed Waheed”, and “gone out of his way to help [the new President].”

Soneva’s statement meanwhile disputed the resort’s motivation to support the new government as being based on supposed plans to amend a corporate tax bill implemented by Nasheed, as, “to the best of my knowledge, there are no plans by the current President Mohamed Waheed to reduce or eliminate this tax.”

Likes(0)Dislikes(0)

PPM MP Dr Afrasheem found brutally murdered

Additional reporting by Mariyath Mohamed.

MP of the government-aligned Progressive Party of the Maldives (PPM), Dr Afrasheem Ali, was brutally stabbed to death outside his home on Monday night.

The member for Ungoofaaru constituency in Raa Atoll was murdered after returning home from appearing on the TVM show “Islamee Dhiriulhun” (Islamic Life) with Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

The show finished around 11:00pm, and Afrasheem’s body was discovered by his wife at the bottom of the stairs of their apartment building shortly after midnight.

The MP had been stabbed four times in the back of the head and a chunk of his skull was missing, according to reports on VTV. He also suffered stab wounds to the chest and neck.

The MP was rushed to ADK hospital where he was pronounced dead. The hospital was placed under heavy security.

Others present at the hospital in addition to police officers and citizens included former President Maumoon Abdul Gayoom, his daughter and State Minister for Foreign Affairs Dhunya Maumoon, his half-brother and People’s Alliance (PA) leader Abdulla Yameen, Speaker of Parliament Abdulla Shahid, Deputy Speaker Ahmed Nazim, Deputy of the PPM Umar Naseer, Defence Minister Mohamed Nazim, Tourism Minister Ahmed Adheeb, Dhivehi Rayithunge Party (DRP) Leader Ahmed Thasmeen Ali, Police Commissioner Abdulla Riyaz, Maldivian Democratic Party (MDP) Chairperson Reeko Moosa Manik, and a large number of MPs.

Much of the opposition’s senior contingent left for campaigning in the southern atolls yesterday, however the murder was widely condemned on twitter by its officials including Moosa, MP Sameer and the party’s UK Spokesperson Dr Farah Faizal.

In a live press conference shortly after 3:00am, Police Commissioner Riyaz called for restraint.

“I call on all to show restraint. I further call on all to not blame anyone at this time, and to not incite further acts in relation to this,” Riyaz stated.

Speaker Shahid – a DRP member – spoke from the hospital, announcing that parliament would be postponed until Wednesday.

“This will be observed as a national sorrow. I extend sincere condolences to Afrasheem’s family. I hope we can all act in unity in these sad times. I call on the investigative forces to solve this case and find those responsible for this heinous crime at the earliest possible time,” Shahid said.

“Dr Afrasheem Ali was very sincere in his work at the Majlis, and was honest and assertive. We always received his cooperation in the work of Majlis. We have lost a valuable son of the Maldives. May god bless his soul and grant him paradise.”

In a statement, the Ministry of Islamic Affairs noted Dr Afrasheem’s “valuable services”.

“The Ministry sends condolences to the family and prays the deceased is granted paradise. Minister Sheik Shaheem Mohamed Ali Saeed calls on the authorities to give the harshest possible punishment to those who have committed this brutal crime.”

President of the Human Rights Commission, Mariyam Azra, said she was “in complete shock”.

“I only heard of this when VTV called. I am in complete shock… I condemn this act. This should not at all occur in a society like ours. I pray that God blesses his soul and grants him paradise,” Azra told local media.

President Dr Mohamed Waheed Hassan has declared that the National Flag be flown at half-mast, from 2 October 2012 till the end of 4 October 2012.

There were unconfirmed reports that police had arrested a suspect in connection with the murder. Minivan News is trying to confirm this.

President’s Office Spokesperson Masood Imad meanwhile forwarded an SMS to foreign media declaring that “Nasheed’s strongest critic Dr Afrasheem has been brutally murdered.”

Background

Dr Afrasheem was elected to parliament in 2009 as a member of the then-opposition Dhivehi Rayithunge Party (DRP). Following the opposition’s split, Afrasheem sided with the Progressive Party of the Maldives (PPM) of former President Maumoon Abdul Gayoom, and faded into the political background.

Widely considered an Islamic moderate, Dr Afrasheem took outspoken and controversial positions on issues such as the permissibility of playing music, and praying next to the deceased.

Newspaper Haveeru reported on September 10 that Afrasheem had participated in a ‘scholar’s dialogue’ with Islamic Minister Sheikh Shaheem Ali Saeed, who had remarked on his conflicting positions on many issues compared to the majority of Maldivian scholars.

During his final television appearance last night, Dr Afrasheem spoke of there being no other God than Allah, and how he disagreed with some people who he claimed used different objects as a mediator.

Afrasheem insisted that he had never ever spoken of anything regarding religion which was not stated in the Quran or sayings of the Prophet (PBUH). He acknowledged that some people had raised questions about his stands, and said this could be due to misunderstandings.

As an example, he said he had been told recently by a local TV host that people were made kafir (non-believer) through certain acts, saying he had immediately responded that a believing Muslim could not be labelled a kafir just because he would not grow his beard or shorten his trousers, as long as he believed in the one God and the tenets of Islam.

Afrasheem also said that people in the Maldives and abroad who loved Islam sometimes made such statements, but said they did not really possess the knowledge of a scholar and that this position was wrong. Afrasheem stated that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

He was attacked several times in 2008, including being hit in the head with a stone on May 27 on his way home from work, and was assaulted after he finished Friday prayers as an Imam in the Ibrahim Mosque in January. His car window was smashed while he was driving through Male’ on March 18, 2012.

The murdered MP was also formerly Parliament’s member of the Judicial Services Commission (JSC), until he was replaced in mid-2011 by Jumhoree Party (JP) Leader, resort tycoon Gasim Ibrahim.

The MDP had campaigned for Afrasheem’s removal from the judicial watchdog, after he dismissed Article 285 of the Constitution – demanding that all judges who do not meet its newly stipulated qualifications be dismissed after two years of it coming into force – as “symbolic”.

Afrasheem is the second member of the JSC to be stabbed in the street, following an attack on former President’s member on the commission, Aishath Velezinee, in early 2011.

Dr Afrasheem is to receive a State funeral and will be buried after Asr Prayers.

Dr Afrasheem’s final TV appearance prior to his murder:

Likes(0)Dislikes(0)

Nasheed fails to appear in court, defies travel ban

Additional reporting Daniel Bosley, Mariyath Mohamed and Mohamed Naahii.

Former President Mohamed Nasheed departed Male’ today to participate in his party’s ‘Vaudhuge Dhathuru’ (Journey of Pledges) campaign in the southern atolls, defying a court order that he remain in the capital.

Nasheed’s departure contravenes an order from the Hulhumale Magistrate Court last week that Nasheed be confined to Male’ ahead of his court trial, which was to be conducted at 4:00pm today.

Journalists in the courtroom were required to undergo heavy security screening and were stripped of mobile phones, recording equipment and notepads. However, 20 minutes later a court official stated that the hearing was cancelled as the defendant and his lawyers had failed to appear. A new date was not set.

Nasheed meanwhile held a rally from atop a yellow flagged dhoni in front of 500 demonstrators near the petrol jetty in the south of Male’, before departing with five vessels and hundreds of supporters. Minivan News observed no police presence in the area.

“Once they started to set up a fabricated court, bring in judges who are not judges of that court, and the whole structure of it is so… politically motivated, it is very obvious it is not meant to serve justice,” Nasheed told the BBC.

“We intend to find out in this trip to what extent we were able to fulfil our pledges during this party’s period in government,” Nasheed told his supporters. “This is a journey of pledges. This is a journey for justice. This is a journey where we become one with the citizens.”

The party and its senior leadership will visit over 30 islands during the 14 day trip, taking in the atolls of Gaafu Alif, Gaafu Dhaalu, Fuvahmulah and Addu.

Meanwhile, the court hearing was to be the first in the case concerning Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, while in office.

Nasheed also faces charges of defaming Police Commissioner Abdulla Riyaz and Defence Minister Mohamed Nazim as “traitors”, following February 7’s controversial transfer of power. The first hearing in Riyaz’s case has been postponed indefinitely.

Nasheed’s Maldivian Democratic Party (MDP) has expressed deep concern over the legality of the court’s procedures regarding the trials, which it contends are a politically-motivated attempt to convict the former president and prevent him from running in future Presidential elections.

Following the court-ordered travel ban on Nasheed ahead of the party’s southern atoll election campaign, the MDP announced that it would no longer recognise the authority of the courts in the Maldives until changes proposed by international entities were brought to the judicial system.

“This all looks very ‘Myanmar’ – using the courts and administrative manipulation to restrict political party activity,” said MDP MP and Spokesperson Hamid Abdul Ghafoor at the time.

“While President Waheed was lobbying the Commonwealth to remove the Maldives from its human rights watch-list, his regime had detained the leader of the opposition.”

The concerns were echoed by Canadian Foreign Minister John Baird, a member of the Commonwealth Ministerial Action Group (CMAG) who recently downgraded the Maldivesfrom its formal agenda to a ‘matter of interest’.

“Canada is deeply troubled by the reported September 25 travel ban of former President Nasheed in Malé,” said Baird.

“The recently adopted Commission of National Inquiry (CNI) report has raised substantial concerns about the independence of the judiciary. That too causes Canada grave concern as we strive to assure independent open elections in the Maldives,” he added.

“President Waheed offered no substantial defence of these questions, which is a telling response in itself,” said Baird. “Canada finds the declining state of democratic values in the Maldives alarming and deeply troubling.”

The court has maintained that the travel restriction is normal procedure for defendants ahead of court trials.

The case

Nasheed’s controversial decision to detain Judge Abdulla in January 2012 followed the judge’s repeated release of former Justice Minister – and current Home Minister – Dr Mohamed Jameel, in December 2011, whom the government had accused of inciting religious hatred over the publication of his party’s pamphlet, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

Nasheed’s government further accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” so as to protect key figures of the former dictatorship from human rights and corruption cases, among other allegations.

Nasheed justified the judge’s arrest based on his constitutional mandate to protect the constitution. Judge Abdulla had in September 2011 received an injunction from the Civil Court preventing his investigation by the Judicial Services Commission (JSC), the watchdog tasked with overseeing the judiciary, which complied with the ruling.

Parliament’s Independent Commissions Committee, the body mandated with holding the judicial watchdog accountable, took no interest in the matter.

The then-opposition began nightly protests over the judge’s detention, while the government sought assistance from the UN and Commonwealth for urgent judicial reform.

However, Nasheed resigned on February 7 amid a police and military mutiny the day after the Commonwealth team arrived.

Judge Abdulla was released, and the Criminal Court issued a warrant for Nasheed’s arrest. The warrant was not acted upon.

Former Defence Minister Tholhath, former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are also facing charges for their role in detaining Judge Abdulla in January 2012.

The charges include a breach of article 81 of the Penal Code: “Arresting an innocent person intentionally and unlawfully by a state employee with the legal authority or power vested to him by his position is an offence. Punishment for a person guilty of this offence is imprisonment or banishment for 3 years or a fine of MVR 2000 (US$129.70).”

“The full story”

Former President’s Member on the JSC, Aishath Velezinee, has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

That moment at the conclusion of the constitutional interim period marked the collapse of the new constitution and resulted in the appointment of a illegitimate judiciary, Velezinee contends, and set in motion a chain of events that ultimately led to President Mohamed Nasheed’s arrest of Abdulla Mohamed two years later.

According to Velezinee, “the assumption that Abdulla Mohamed is a constitutionally appointed judge is based on a false premise, a political creation [which] ignores all evidence refuting this.”

“Judge Abdulla Mohamed is at the centre of this story. I believe it is the State’s duty to remove him from the judiciary. He may have the legal knowledge required of a judge; but, as the State knows full well, he has failed to reach the ethical standards equally essential for a seat on the bench.

“A judge without ethics is a judge open to influence. Such a figure on the bench obstructs justice, and taints the judiciary. These are the reasons why the Constitution links a judge’s professional qualifications with his or her moral standards,” she wrote.

“There is no legal way in which the Civil Court can rule that the Judicial Service Commission cannot take action against Abdulla Mohamed. This decision says judges are above even the Constitution. Where, with what protection, does that leave the people?” Velezinee asked.

“The Judicial Service Commission bears the responsibility for removing Abdulla Mohamed from the bench. Stories about him have circulated in the media and among the general public since 2009, but the Commission took no notice. It was blind to Abdulla Mohamed’s frequent forays outside of the ethical standards required of a judge. It ignored his politically charged rulings and media appearances.

“Abdulla Mohamed is a man who had a criminal conviction even when he was first appointed to the bench during President Maumoon Abdul Gayoom’s time. Several complaints of alleged judicial misconduct are pending against him. The Judicial Service Commission has ignored them all. What it did, instead, is grant him tenure – a lifetime on the bench for a man such as Abdulla Mohamed. In doing so, the Judicial Service Commission clearly failed to carry out its constitutional responsibilities. It violated the Constitution and rendered it powerless.”

Likes(0)Dislikes(0)

Maldives world’s most vulnerable country to climate-change related impacts on food security

The Maldives is the world’s most vulnerable country to the food-security related impacts of climate change, a new report has found.

According to ‘Ocean-Based Food Security Threatened in a High CO2 World’, produced by global ocean protection NGO Oceana, the Maldives ranks alongside Togo and Comoros as the most vulnerable to climate-change related food security threats, due to its near total reliance on fish for protein.

The rankings were calculated by combining each nation’s exposure to climate change and ocean acidification, dependence on and consumption of fish and seafood, and level of adaptive capacity based on socioeconomic factors.

“Many of the high-ranking nations based on climate change indicators are located in the tropics and low latitudes,” the report notes.

“This reflects the general trend that fish species are predicted to be migrating toward the poles as water temperatures continue to rise. Tropical countries are the most dependent on coral reef fisheries which are severely threatened.

“Island and coastal nations depend more heavily on fish for protein, especially the poorest nations, increasing their vulnerability. Many of the poorest places are already struggling with hunger issues which will be made worse with high population growth rates and limited additional options for food.”

Half the protein consumed in the Maldives is derived from fish, the report observed, and besides providing direct food protein, countries such as the Maldives also benefited from marine tourism jobs associated with coral reefs and marine life.

“This multi-billion dollar industry could also be threatened by climate change. Therefore, further assessments should incorporate the risks to food security that come from losses in income due to the disappearance of fisheries and tourism related jobs. Local changes to marine resources from ocean acidification and climate change could ripple up through the global economy,” the report found.

‘So long and thanks for all the fish’

Minivan News has earlier reported on the decline of the fishing industry in the Maldives due to an array of factors, notably high-tech and efficient purse seiner vessels from other nations ringing the country’s exclusive economic zone. The traditional – and sustainable – pole and line method used by Maldivian fishermen has left them unable to compete with GPS enabled, sonar-equipped fish aggregation devices of these vessels.

Local fisheries have also been affected by market impacts, particularly the move by major fisheries companies in the Maldives to ship tuna to Thailand for canning and processing despite the presence of local factories – many tins sold locally in shops now have ‘packed in Thailand’ on the label.

Former head of the Maldives Industrial Fisheries Company (MIFCO), Adhil Saleem, previously informed Minivan News that changing sea surface temperatures due to climate change were also driving fish deeper, reducing the stocks within reach of the traditional pole and line method.

“Our [pole and line] method only works near the surface,” he said. “But with changes in weather and sea temperature, fish will not surface.”

According to figures from the Maldives Monetary Authority (MMA), tuna fishing is the second largest export earner at US$52 million and the country’s largest employer at 40 percent, but in the last three years contributed only 2 percent of the country’s GDP, dwarfed by the tourism industry. Catches meanwhile declined eight percent in 2011.

Likes(0)Dislikes(0)

Maldives’ suspension from CMAG lifted, remains on agenda as “matter of interest”

The Maldives is to remain on the Commonwealth Ministerial Action Group (CMAG)’s agenda under the item “Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has been revoked.

The decision means Foreign Minister Abdul Samad will be able to able to participate in CMAG affairs following the Maldives’ suspension in February over concerns about the nature of the transition of power.

A Commonwealth-backed Commission of National Inquiry (CNI) claimed in August that the transfer of power was legitimate, that former President Nasheed was not under duress, and that there was no police mutiny.

Despite significant reservations regarding evidence and witness statements that had not been considered, Nasheed said he was accepting the findings for political expediency. However it had, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

In the CMAG statement, “Ministers noted the report’s conclusion that the change of President in the Republic of Maldives on 7 February 2012 was legal and constitutional, but also that certain acts of police brutality had occurred during that period which should be further investigated. They looked forward to advice from the Government of Maldives on progress with those investigations.”

CMAG also “underlined their concern that all parties in Maldives needed to work towards resolving the climate of division and discontent in order to bring about lasting national reconciliation.”

“Ministers noted the importance of ensuring that the Majlis worked purposefully on critical legislation, without further risk of disruption. Ministers again urged against any actions that might provoke or incite violence.”

Nasheed is this week facing trial for defaming the Defence Minister Mohamed Nazim for describing him as a “baghee” (traitor), and detaining Chief Judge of the Criminal Court Abdulla Mohamed during his administration. Nasheed’s party have dismissed the charges as an attempt to convict and disqualify Nasheed from the upcoming Presidential elections, using courts loyal to the former 30 year regime.

“Ministers urged party leaders to commit to dialogue, paving the way to credible elections. Ministers emphasised the need to ensure that all parties and leaders are able freely to conduct election campaigns,” the CMAG statement read.

“In accordance with CMAG’s enhanced mandate, as agreed by leaders at the 2011 Commonwealth Heads of Government Meeting, Ministers further agreed that they would continue to engage with Maldives positively and constructively to support Maldives in advancing the Affirmation of Commonwealth Values and Principles, in particular in strengthening the judiciary, in the process of democratic consolidation and in institution building. In this context, Ministers asked the secretary-general to continue to brief the Group on progress in Maldives, including at CMAG’s next meeting,” read the statement.

“Accordingly, CMAG agreed to continue to monitor the situation in Maldives, and to move consideration of Maldives in future to its agenda item “Matters of Interest to CMAG”. Ministers looked forward to Maldives’ resumption of full participation at CMAG’s next meeting, in the absence of any serious concerns.”

On the agenda

The CMAG placed the Maldives on its formal agenda in February although President Waheed’s government has maintained that the group “lacked the mandate“ to to so.

Waheed’s government also spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, in a bid to challenge what they deemed was the Commonwealth’s “biased” stance on the Maldives, and has continued to express disapproval at what it terms “interference” by the Commonwealth.

“It is my belief that the Commonwealth and its institutions have treated us very badly,” wrote President Waheed’s Special Advisor Dr Hassan Saeed in a newspaper column.

“I would now argue that if CMAG does not remove the Maldives from its agenda, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world.”

The Hulhumale Magistrate Court has meanwhile confined Nasheed to Male’ ahead of his trial this week. His legal team have expressed concern over a host of irregularities, such as the appointment of a panel of three judges not from the Hulhulmale court – that they say will deny the former President a fair trial.

The matter is likely to come to a head this week, after Nasheed’s party decided that it would no longer follow any orders given by the courts of the Maldives until the changes proposed by international entities were brought to the Maldivian judicial system.

The party said the decision was reached as to date, they had observed no efforts to improve the judicial system based on the recommendations put forward in reports released by numerous international organisations.

Likes(0)Dislikes(0)