Author: Zaheena Rasheed

MNDF storms Majlis arrests MP Ali Azim

The Maldives National Defense Forces (MNDF) has stormed the People’s Majlis and arrested Maldivian Democratic Party (MDP) MP Ali Azim today after the Supreme Court stripped Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliamentary seats over decreed debt on Thursday (October 24).

The Parliamentary Privileges Committee, in a statement on Friday, said they do not accept the Supreme Court’s “politically motivated” verdict as it was issued in contravention of the Supreme Court’s procedures.

Lines of grey clad security officers with their arms intertwined blocked the main entrance to the Majlis this morning ahead of an extraordinary session scheduled to discuss interim arrangements should a president-elect not be determined at the end of the current presidential term on November 11.

The security officers refused to allow Azim entry as MDP MPs advocated in support of Azim. The MP for Malé signed the Majlis attendance roster despite the officers’ attempts to block him. Shortly afterwards at approximately 10:00 am, fifteen combat clad soldiers arrived at the Majlis, stormed the building, surrounded Azim and removed him from the Majlis premises.

In the ensuing scuffle, DRP MP Mohamed ‘Colonel’ Nasheed was pushed to the floor. The MNDF then turned Azim over to a waiting police can outside the Majlis gates. Government aligned MPs cheered the MNDF’s actions.

A statement released by the MNDF this morning read: “We have handed over Ali Azim to the Maldives Police Services after he assaulted security officers at the People’s Majlis and disobeyed officer’s orders. The Supreme Court has stripped Ali Azim of his seat.”

This morning’s statement contradicts a statement issued last night in which the MNDF said its role was to oversee security at the Majlis, not to determine who can enter its premises.

“The Maldives National Defense Forces are mandated with overseeing People’s Majlis security. It is People’s Majlis Speaker who decides those who can enter the building,” the statement said.

The parliamentary regulations also state the Majlis premises are controlled by the Majlis Speaker. Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, hall, the pathways and corridors leading to the hall within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

According to MDP parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih, the Speaker had sent a letter to the MNDF stating that Azim can enter the Majlis, but had not been able to reach the Chief of Defense Forces following the letter.

Suspension invalid

The Parliamentary Privileges Committee, in its Friday statement, said that Azim and Nashiz’s parliamentary membership continues despite the Supreme Court ruling.

“The parliamentary privileges committee, at its 21st sitting, has decided that the Supreme Court’s stripping seats of MPs Ali Azim and Mohamed Nashiz is invalid and their seats are not vacant and their parliamentary membership continues,” the statement said.

The committee expressed concern over the verdict saying, “Hearings in the case were concluded over a year ago, but the case was fast tracked and a sentence was issued in absentia. This is a politically motivated act to obstruct the no-confidence motions scheduled against a cabinet minister.”

“We believe the ruling violates the Supreme Court’s procedures. One Supreme Court Justice had received the statements the day before and has asked for a delay until Monday to research the case and prepare an opinion. But he was not given the opportunity to do and the ruling was issued without his opinion,” the statement read.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority Supreme Court verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

Arrested for assault

Azim, MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

Rozaina has released a Civil Court letter on twitter stating that Nashiz has no decreed debt.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament – the MDP had 34 seats.

The police have confirmed Azim’s arrest and said they are investigating an “individual for forcibly entering the Majlis premises, attacking officers and disobeying soldier’s orders” at the request of the MNDF.

Speaking to local broadcaster Raajje TV, Azim’s lawyer said the MP is being charged with assault and is currently being treated at the hospital for injuries sustained during his arrest.

The MDP has condemned Azim’s arrest and said “We condemn in the strongest terms, the security force’s attack on parliament members and attempt to dishonor the Majlis.”

The party has called on the Prosecutor General Ahmed Muizz to launch an investigation immediately.

Meanwhile, the Majlis secretariat has announced it is hiring an independent Sergeant at Arms to oversee security of Majlis sittings and parliamentary committee hearings.

Progressive Party of the Maldives (PPM) MP Ahmed Mahloof told local media Azim assaulted PPM presidential candidate and MP Yameen Abdul Gayoom this morning.

Meanwhile, MDP MP Hamid Abdul Gafoor remains holed up at the Majlis after the Crminal Court ordered the Police to arrest Hamid and present him to court over refusal to provide a urine sample.

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Leaked HRCM report questions Supreme Court’s election annulment

A leaked Human Rights Commission (HRCM) report obtained by Minivan News has questioned the credibility of the evidence used by the Supreme Court to annul the first round of presidential polls held on September 7.

It also says that the apex court does not have the authority to delineate guidelines for a re-vote.

The document suggests that the 16 guidelines compromise the independence of the Elections Commission (EC) by involving various state institutions and candidates in the conducting, managing, and facilitating of the elections.

A member of the HRCM has confirmed that the organization carried out an analysis of the Supreme Court verdict, but declined to comment on the report’s authenticity.

The court annulled the September 7 polls, claiming 5641 cases of fraudulent votes – a number that could have altered the election result due to the 2677 vote margin between the second and third placed candidates.

However, the HRCM’s analysis of the 5641 cases show only 1033 votes could be considered irregular.

“The commission does not believe this is a number than can affect the elections results,” the report stated.

The document also noted the Supreme Court is tasked with administration of justice and the People’s Majlis with law making powers, and as such the Supreme Court did not have the authority to compile guidelines on electoral conduct.

“We note that the Supreme Court’s guidelines include obligations that are not present in General Elections Act (No 11/2008) and Presidential Elections Act (No 12/2008) and we believe the Supreme Court does not have the jurisdiction [to issue new obligations],” the report said.

The police halted the Supreme Court ordered re-vote on October 19, saying they would not support the election after the Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) had refused to approve the voter registry.

Irregular votes

The four judges making the majority decision contended that 5641 irregular votes were cast. According to the verdict, these included:

  • 773 people with discrepancies in their national identification numbers
  • 18 dead people
  • 7 minors
  • 225 people without national identification numbers
  • Three people who voted twice
  • 2830 people with discrepancies in their addresses
  • 952 people with discrepancies in their names
  • 7 people who were not registered in the Department of National Registration’s (DNR) database
  • 819 people whose national identification numbers had been written down incorrectly by elections officials at the time of voting

In the HRCM’s analysis, only 1033 of the 5641 votes could be considered irregular – a figure which addressed:

  • The seven people whose names were added to the voter registry by pen may have been to ensure an eligible voter was given the right to vote despite not being on the voter registry
  • 3 repeated votes for which the report said it was unclear how many times these people voted and hence, incomplete information should not be used in a verdict
  • 2830 address mismatches: “We do not believe address mismatches can influence the result of this election as this is not constituency specific,” the report said and noted that such information should be used in a verdict only if the individual has used this mismatch to violate another’s right to vote or used the information for undue benefit
  • 952 name mismatches which may have been used to ensure that an eligible voter is not disenfranchised, especially if the voter is given the right to vote when all other information and picture on the identity card matches the person who comes to vote
  • 819 people whose national identification numbers had been written down wrong by elections officials at the time of voting: this may be a human errors and can be crosschecked at the time of voting

The report states that the remaining 1033 cases of irregular votes does not change the outcome of the election.

In contrast to majority four judges, Chief Justice Ahmed Faiz and Judge Abdulla Areef found only 473 instances of irregular votes. The two judges said the amount was not enough to invalidate entire election. In case of fraudulent votes, only the result in a specific geographic location can be annulled, not the entire election, the judges said.

The two judges also argued jurisdiction in the matter lies with the High Court, not the Supreme Court.

Guidelines

The HRCM report noted that the Supreme Court guidelines included obligations that are not included in the election laws.

These include obtaining candidate’s signatures on the voter registry, obtaining candidate’s approval for all elections officials active in the polling booths on polling day, and the prohibition on the use of files, phones, handbags or any item that may infringe upon a candidate’s rights.

The EC may find it difficult to implement the guidelines, as they do not state what the commission must do in the event candidates refuse to vet elections officials or sign the registry, the report said.

“Further, the prohibition on the use of phones and files inside the polling booth obstructs the duties of observers, candidate’s representatives and monitors as per article 41, 42 and 43 of the General Elections Act,” the report said.

The Supreme Court also ordered the EC to ensure, along with “relevant authorities” that acts which violate this guideline do not take place. However, the HRCM report notes that the relevant authorities are not defined and hence, “it is not clear what various state institution’s roles are in elections and may create additional issues.”

The HRCM report appears to foreshadow the difficulties the EC was to face in conducting the poll on October 19. On the eve of elections, the PPM and JP refused to sign the voter registry demanding that the EC verify a sample of fingerprinted re-registration forms.

The EC said it did not have the capacity or time to crosscheck fingerprints.

With the PPM and JP refusing to approve the voter registry, the police – mandated by the court to oversee security of ballot papers and boxes – refused to transport materials to polling stations. An hour before polls opened, the police stopped EC officials from leaving the commission’s headquarters with any documents relating to the vote.

The commission yesterday released a statement arguing that the police’s blocking of the vote contravened the constitution, the Police Act, and the Elections Act.

The EC also accused the police of obstructing vote, questioning their mandate to do so. The guidelines only ask police to oversee security of ballot boxes in transit, the EC said.

“The Supreme Court 16 guidelines delineated in the verdict are restrictions. These are locks, blocks. With those locks, it will be very difficult for us to hold elections,” EC President Fuwad Thowfeek has said in an interview to Maldives Broadcasting Commission (MBC).

“But if we could hold an election according to the constitution, elections laws and presidential elections laws, we will be able to hold a free election.”

After cancellation of polls on Saturday, the government, following international pressure appealed again for an early election date. The EC set a new presidential poll date for November 9, and if necessary a second round on November 16.

Speaking to the press yesterday, Thowfeek has said he hopes the government finds a solution to the Supreme Court’s restrictions in the future.

“Otherwise, holding elections will become impossible and that affects the most fundamental [right] in a democracy,” Thowfeek said. Further, failure of candidates or any other state institution to do what they must to should not affect the citizenry’s right to vote, he added.

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November 9 elections timeline announced

The Elections Commission (EC) has publicized its work plan for the first round of the presidential election scheduled for November 9.

A window to submit complaints on voter registry information was opened up yesterday (Tuesday, Oct 22). The EC will address complaints today and open up the re-registration process tomorrow and Friday (October 24, 25) for newly eligible voters and voters who will be voting in a location other than their home island.

Voters who re-registered for the cancelled October 19 polls and do not wish to change registration status will not have to submit forms.

Forms are available at the Elections Commission Secretariat, Island Council offices and online.

The EC has said it will continue to follow all elections laws and the guidelines delineated by the Supreme Court for the cancelled vote on October 19.

After re-registration is completed, the EC will receive rejected re-registration forms on Saturday (October 26). On the same day, the names of elections day officials will be sent to candidates for vetting as outlined in the SC guidelines.

The EC will be seeking Maldives National Defense Forces (MNDF) help in addition to police support in dispatching ballot boxes and papers to polling stations. An MOU will be signed between the two organizations on October 27.

Elections observers and monitors will be issued permits on October 29.

On November 1 and 2, a draft of the final voter list will be publicized and the EC will continue to receive any complaints regarding the voter lists.

On November 3, re-registration forms will be sent to the Department of National Registration (DNR) for verification of fingerprints – a key demand by two of the three presidential candidates.

The voter registry will be finalized, printed and sent to presidential candidates on November 4. Candidates will be asked to sign the voter lists on November 5 and 6.

Ballot boxes are to be dispatched on November 8, the election will be held on November 9 and the preliminary results will be announced on the same day.

The official results will be announced on November 12, one day after the current presidential term ends.

This is the EC’s fourth attempt to hold presidential polls. A first round of presidential elections was held on September 7 – no candidate gained 50 percent of the vote, and a second round was scheduled for September 28.

However, third placed candidate Gasim Ibrahim of the Jumhooree Party sought to annul the September 7 results, alleging widespread fraud, despite unanimous praise – international and domestic – of a free and fair election process.

With a verdict pending on the eve of scheduled second round, the EC decided to proceed with polls on September 28, but the Supreme Court in a midnight ruling ordered the EC to delay polls and security forces to halt elections preparations.

On October 7, the Supreme Court annulled the first round and ordered a re-vote by October 20.

The apex court also delineated 16 controversial guidelines on conducting polls which the EC have criticized as restrictions and an infringement on the EC’s independence as the guidelines involve state institutions and presidential candidates in electoral process.

Guidelines include compilation of a new voter registry based on the DNR database, re-registration with new fingerprinted forms. The security forces are required to oversee transport of ballot boxes and papers to polling stations, and candidates are required to vet elections officials at polling stations as well as to sign the voter registry.

Two of the three presidential candidates – the JP and the Progressive Party of the Maldives (PPM) – refused to sign the voter registry on the eve of October 19 elections, after which the police refused to dispatch ballot boxes and papers.

Finally, just one hour before polls were to open, the police forcibly stopped elections officials from leaving EC HQ with any election related document.

After several discussions with the executive and presidential candidates, the EC announced new polls for November 9, and a second round on November 16 if necessary.

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Presidential polls set for November 9

The Elections Commission (EC) has set the first round of presidential elections for November 9, after the police forcibly brought a Supreme Court-ordered revote to a halt on October 19.

“We have decided to hold the first round of presidential elections on November 9, and if necessary, a second round on November 16,” Elections Commission President Fuwad Thowfeek said.

The Supreme Court annulled the first round of presidential polls held on September citing electoral fraud despite unanimous domestic and international praise over a free and fair vote. The apex court delineated 16 guidelines to hold a revote by October 20.

According to the guidelines, the EC must obtain signatures from all candidates on the voter registry. However, the Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) refused to approve the lists and police stopped the election an hour before polling was to begin. The move has prompted widespread international concern and Maldivian Democratic Party (MDP) protests.

Thowfeek said the EC had held meetings with the President, the cabinet and political parties on the earliest possible date for a new election.

“We have said, when we get to a certain point, when a certain party doesn’t do what they must do, it should not affect the entire election. If that is the case, we will never be able to hold an election,” Thowfeek said.

“They assured us they will not allow for these kind of obstructions in the upcoming election. Ministers have given us commitment that they will find a solution and facilitate this. That is why we have started work again. If the same thing happened as before, this is not something we must do. We are starting work again because we are confident there will be an election. I am certain we will succeed this time,” he added.

During the various meetings, the government had said it would provide facilities to verify fingerprints re-registration forms – one of JP and PPM’s conditions for approving the voter registry. The EC has said the commission does not have the capacity to do so.

The EC will continue to follow the Supreme Court’s guidelines, but will seek to change them in the future, Thowfeek said. In a previous interview on Television Maldives (TVM), he described the guidelines as “restrictions.”

“I hope the government considers these restrictions in the future and finds a solution. Otherwise, holding elections will become impossible and that affects the most fundamental [right] in a democracy.”

After technical information regarding the EC’s database was shared with the Supreme Court during the vote annulment hearing, Thowfeek said the EC’s server had been compromised with external actors accessing the database and changing data. However, he believes the security glitches will be fixed before the upcoming election.

“We are working with the NCIT [National Center for Information Technology]. They have not given us a report yet. They are working non-stop. We are certain when the election comes, we will be able to block everyone out of our system and they will no longer have access to our data. We are proceeding with the assurance given to us by technical people,” Thowfeek said.

The EC said within the next three weeks, it would allow registration for new eligible voters, and re-registration for voters who will be voting in a different location other than their home island. However, voters who re-registered for October 19 will not need to submit re-registration forms again.

President Dr Mohamed Waheed Hassan has said he does not wish to stay on as President even one day beyond the end of the presidential term on November 11. If no candidate wins over 50 percent in the first round of polls and a second round needs to be held, interim arrangements will have to be made. The Supreme Court has previously said Waheed’s government would continue until a new president is elected.

The JP and PPM have pledged their support to Waheed staying on, but former President and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

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“I do not want to stay in this position even a day beyond November 11”: President Waheed

President Dr Mohamed Waheed Hassan has said he does not want to stay on as President when his term expires on November 11, as uncertainty continues to hang over the possibility of holding an election after police forcibly stopped Saturday’s polls.

“It is not in the best interest of this country if there is no elected president when the current presidential term ends on November 10. I do not want to stay in this position even a day beyond November 11,” Waheed told the press today.

The Supreme Court verdict, which annulled the first round of election held on September 7, also said Waheed’s government should continue past November 11 if there is no president elect. The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) have pledged their support to Waheed staying on, but former President and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

Waheed was Nasheed’s former deputy and took over power in February 2012 after Nasheed resigned following a police and military mutiny.

The Supreme Court and People’s Majlis must also be involved in deciding an interim arrangement, Waheed said and added that he does not know what to do should the country fail to elect a president.

“It is not me who will decide on an arrangement post November 11. It is not me who will decide that right? There are others who should shoulder the responsibility. I believe the Supreme Court and the People’s Majlis need to think about this,” he said.

The best way forward was to hold first round on November 2 and if necessary hold a second round on November 9, Waheed said. He has called on the Elections Commission and all presidential candidates to continue talks and come to an agreement on dates and solve the disputes over the voter registry.

Holding an election is not the government’s responsibility, but that of the EC, he repeatedly said. However, the government would not support an election in which majority of presidential candidates refused to contest.

Speaking of the police’s halt of Saturday’s election, Waheed said: “The government’s position was that the government could not support an election that all candidates could not participate in, in violation of the Supreme Court guidelines, an election only one candidate was to participate in. So police told the Elections Commission in writing that they would not support an election in violation of Supreme Court guidelines. Stopping support and stopping an election are very different.”

An hour before polls were to open on Saturday, police surrounded the Elections Commission and forcibly prevented it from proceeding with the scheduled election, stating that they would not facilitate an election in which all three presidential candidates refuse to sign the voter registry. Police had previously obstructed run-off elections due to be held on September 28.

EC President Fuwad Thowfeek has condemned police’s obstruction of elections and said the elections process must not be subject to the whim of candidates. Further, failure of PPM and JP to do what they must do does not mean citizen should be deprived of their right to vote, Thowfeek said.

However, Waheed said elections must only proceed on procedures agreed to by all candidates. At present the elections crisis was not a legal matter, but a political matter and hence must be solved through dialogue.

“I believe not everything can be solved legally. This is a political matter. So politicians must speak to each other, give in when they need to, and come to an agreement. When a date is fixed, [an election] can only succeed when all candidates agree and facilitate the process.

“I will say again, it is not in the interest of the Maldives to hold an election in which only one candidate can contest. The entire international community in the past year and half pressured me not to hold an election that President Nasheed cannot contest. Many parties tried to take action against President Nasheed. I am happy today that President Nasheed can contest. Similarly, President Nasheed has to be happy that other candidates can take part. President Nasheed should not take part in an election that other candidates cannot contest in. If he does so, we should question his moral principles,” he said.

“An election by force cannot be held in the Maldives. An election by force will only cause bloodshed. I will not allow that. To anyone. No matter what the international community says, and no matter what political parties say, my utmost responsibility today is Maldivian citizen’s security. So I will not allow that,” he added.

The United Nations, the Commonwealth, the European Union and several foreign governments including the United States, the United Kingdom and India have urged elections to be expedited.

Waheed said although he accepted advice from foreign organizations, it would be him who made the final decision.

“People of our country are not any less capable or less educated than those in other countries, even the Western countries. They cannot come and tell us what to do. We have lived in difficult places. More difficult places than that in which people who are coming to give lessons have lived in. I have lived. I know. The dangers and opportunities in the Maldives. We do things with the advice of others. The Commonwealth’s advice and other governments. But I will make the last decision. People will slander [me]. A lot of foul things have been said about me. There is none worse than me in the international media. But today, I must not consider what people are saying. I have to consider the country’s interests. To carry the country forward without any bloodshed.”

Waheed has appointed Defense Minister Mohamed Nazim as a mediator between political parties to solve the voter registry dispute, but said an agreement had not yet been found despite several attempts.

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Elections Commissioner slams Supreme Court, police, PPM, JP over annulment of first round

Elections Commission President Fuwad Thowfeek has criticised the Supreme Court, the government, the police, Progressive Party of the Maldives (PPM) and the Jumhooree Party (JP) over the annulment of the first round of presidential elections held on September 7, the Supreme Court’s 16 guidelines for a revote and halt of the elections hours before the polls were due to open on Saturday morning.

Speaking on the Maldives Broadcasting Corporation’s (MBC) Raajje Miadhu (Maldives Today) program, Thowfeek said the Supreme Court annulled the first round of elections based on non credible and “bizarre” evidence. Thowfeek described the Supreme Court’s 16 guidelines as “restrictions” and called for a return to the time periods and tasks outlined in the Constitution and elections laws when a revote is held again.

President Mohamed Waheed Hassan has asked for an election on October 26, but Thowfeek said such a date was “impossible.” The Elections Commission is now considering either November 2 or 9 as dates for a new election.

“We agree we can hold elections on November 9. We believe it is important to see if we can hold an election on November 2. Because then, we can hold a second round by November 9,” Thowfeek said.

“We will do all we can to hold a presidential election. A presidential election needs to be held for the nation’s future to become clear. We need and appeal for the support of all political parties, citizens and government institutions to hold a new election,” Thowfeek added.

Below are excerpts from the interview:

Possibility of an election on October 26

“Not possible. Not possible. Everything one wants to do is not possible to do. If they had been wiser, we wouldn’t be in this situation today. But this situation is here now. And no doubt, there are parties who have to shoulder responsibility.”

Supreme Court’s annulment of the first round held on September 7:

“The first round was free, fair and transparent. However, in quite bizarre events, the case was submitted to the Supreme Court and the [vote] was annulled. The government and the PPM [Progressive Party of the Maldives] advocated in support of the Jumhoree Party who filed the case.

“The [Supreme Court] annulled the vote on bizarre evidence. For example, a person called Mohamed Waheed Hassan, may have his name on ID card as Mohamed Waheed. When we gave him the right to vote, they counted it as a fraudulent vote. But the ID card number, address, date of birth and photo is the same. About 1900 of these cases were identified. A person called Mariyam Waheeda, may have her name spelled as Maryam on one list and Mariyam on the other. We know it is Mariyam Waheeda. We know it is the same person, the date of birth is exact, the ID card number is the same, photo shows it is the right person. When we give these people the right to vote, [the Supreme Court] has said that is giving the right to vote to a person who doesn’t have the right to vote.

“Similarly, the problem of address, it is quite weird. I could have made my ID card when I was on the Haajaraage registry, but when I change my address to [Thalhamathuge], the ID I have is the previous ID [with a different address]. Even though I am now registered at Thalhamathuge, I still have the same ID card number, same date of birth, same photo. It is very clear it is the same person. We gave the right to vote to these people. And when we did that, [the election] has been annulled. Even if a person who has mismatches in address, if they go to vote with their passport, they can vote [passports do not have addresses on them]. There are over 2800 cases of address mismatches. They invalidated the election based on such evidence, and ordered a revote.

“Everyone knows, anyone who is responsible knows, what the Constitution says, who has jurisdiction over such cases, which court. However, outside of the law, they have submitted the case to the Supreme Court, the Supreme Court accepted the case and annulled the vote. They paved the path to today’s situation. This is very sad. But we need to go forward one way or another.”

Police role in halting elections on October 19

“The government assured us of its full support for a new election. But this assurance is not new. The government has always assured us of its support, and they have provided support [at times]. However, but when we are about to hold the election, we see the election being stopped. This time, it is the police who have stopped the election. It is the people who are supposed to prevent others from obstructing the election, who have obstructed the election today. The police were also ordered to provide protection, security of ballot boxes and papers. The police stopped the election using the excuse that all three candidates did not sign the voter registry. But the Supreme Court verdict does not give the police the authority to oversee that.

“The police refused to provide security. The verdict clearly says the police must accompany the ballot boxes and papers to the polling stations. But last night the police said they will not facilitate the process. If we dispatch the boxes without police cooperation, then the Supreme Court has the space to annul the election [again]. In addition to that, in the morning, when our officials left the office with documents, papers, ballot boxes, they stopped them. [They said elections officials] did not have the permission to leave the Elections Commission. They stopped the election. The police officers told our elections officials they had been ordered to stop anyone from leaving the Elections Commission building with any documents relating to the election. I know if [EC officials] had tried to disobey and leave, [the police] would have obstructed them, physically stopped them. The [EC officials] did not attempt to disobey, but they did ask the police why. And a sergeant there said this is what they had been ordered to do. They did not allow EC officials to leave the building with documents.

“I also believe, holding an election is something we must absolutely do. We must start work again to hold an election. A lot of money has been wasted. Approximately RF 30 million was spent on the annulled first round. For the second round, we spent RF 27 million and that election was forcibly stopped. And now, in this round, approximately over RF 25 million has been spent. I do not know the exact figures. We have to start again. It is a huge expense. We want the certainty, we must get the certainty that this time, when the work is completed, anyone, whether it is the police or anyone else, cannot stop the election. The defense minister has assured us of this. That there will be no obstruction in the upcoming work. But there is a higher authority than [the government], the Supreme Court. If there is a Supreme Court order [to halt elections], it will not be easy to find a solution. And also, most of the time, the Supreme Court issues orders at midnight. And it is not easy for an ordinary person to challenge such an order at that time. Hence, it is not easy to hold an election now. In addition to this, the Supreme Court 16 guidelines delineated in the verdict are restrictions. These are locks, blocks. With those locks, it will be very difficult for us to hold elections. But if we could hold an election according to the Constitution, Elections Laws and Presidential Elections laws, we will be able to hold a free election.”

Government’s role in next election [President Waheed appointed Defense Minister Mohamed Nazim as his representative on holding new elections]

“I do not know what Nazim’s role is. I was informed he is the government’s representative in this. I believe [his role] is to find agreement on the disputes between all the candidates. Some candidates have demands, and if we were to fulfill those demands, it will take more than a month. For example, one of PPM’s demands is to select a random 10 percent of the re-registration forms – note this is not forms with problems, but a random sample, and to verify the fingerprints on these forms. When I asked the Police’s Forensic Department, I was told checking a single fingerprint will take at least 5 minutes. This means in 24 hours of non stop work, only 288 records can be checked, 300 at the most. To check over 7000 forms will take more than 20 days. If we were to do so, there is not enough time before November 11. Even now, we only have 20 days between now and then [November 11].”

On the earliest date for a new election

“The Elections Commission believes it will take us 21 days to hold an election at the earliest. So if we start immediately, November 9 is the earliest date, with a shortened time frame for tasks. The Constitution, Elections Laws give a 60 day period to call an election if the post of President and Vice President are vacant at the same time. In addition to this, even to hold a by election for the local councils, a 45 day period is allocated.

“That period is given to complete all necessary tasks, such as publishing the voter registry, and giving the opportunity to check and revise the registry. Even if we were to say we want to hold a speedy election, not necessarily the best election, then within 21 days, with a lot of hard work, we can do it. However, this time, we did it within 11 days. But in these 11 days, we worked like slaves in Pharaonic times. All day, all night, until we fell over, we worked. When we fell over, we go and sleep for two hours, washed our faces and started work again. That is to achieve the tasks in the Supreme Court’s supreme order. Our staff destroyed themselves working [like that]. But however, ultimately, at the last minute when we were about to dispatch the ballot boxes, the police refused to support us. They made it so that [an election] could not be held. Our staff are disheartened, saddened, concerned, hopeless. It will not be easy to make our staff work like Pharaonic slaves again. Earlier they sacrificed themselves for a national cause. But the police did not accept [our work].”

EC database compromised after SC access to data

“If you were to [meet all the demands of the political parties] it is not possible to hold an election within 21 days. We do have questions over whether our server is being accessed. Our data is being destroyed. With the Supreme Court case, we had to submit a lot of information about our computer systems to the Supreme Court, including many records of logs, technical information, and involve the NCIT [National Center for Information Technology] in it.

Previously, access to the system was very restricted to very few people, not just anybody could access it. But now the system is open. Now we are seeing people accessing and changing our database. No one had the opportunity to access the system in the annulled first round of presidential elections. People are destroying our data. So we cannot give that kind of certainty they [political parties] want, NCIT cannot give that kind of assurance now either. Earlier, they said they could not notice any external access in the annulled first round of election. They have not said anything yet [about the revote]. But I am certain, I know that if they check now, they will find there are ways for people to access the database. Because we see changes that should not take place happening to our data.”

On JP and PPM’s refusal to approve voter registry

“As far as I know, their signature is required to ensure that the voter list present at the polling station has been prepared by the Elections Commission. No matter how much they check, they cannot verify the information of 239,000, people unless they have two to three years. No matter how clever they are they will need at least six months to check and approve the voter registry. We cannot hold an election as they want to. The Maldives will never be able to hold an election according to their demands. So far in the Maldives, elections have not been held the way candidates want. Elections Commission will decide what to do. Elections must proceed on the Elections Commission’s decisions. If medical care were to be given as the patient wants, then what is the use of doctors? I do not believe an election can be held according to their demands.

“We followed the Supreme Court’s guidelines. The only task that was not completed was the signing of the voter registry by the representatives of the PPM and JP candidates. They failed to do what the Supreme Court order ordered them to do. Because of their failure, the police refused to allow the election to proceed. They stopped the election. Because of that, the Maldives is in a dangerous situation. The state is very vulnerable now.

“It is not easy for us to hold an election according to the Supreme Court’s restrictions. Before we hold a new election, we want to check and clarify with the Supreme Court if we have to permanently follow [the guidelines]. The official in charge of the ballot box is not allowed to carry a phone. In no other place in the world, does a Supreme Court make a decision like that.”

Calls for a return to holding elections within constitution and elections laws

“The problem here is that we are acting outside the law. Otherwise, we do not have to ask anything of the candidates. The laws state the time for this task, that task. These time periods have been written in the law and these laws have been ratified. We have to obey them and the candidates have to obey them as well. If we were to discard these laws, then we have to get approval of the candidates or else they will have the opportunity to raise problems and not accept the results. This is what will happen in a next election. But if we were to go back inside the laws, then the time periods have to be obeyed by the Elections Commission, by the state institutions and all candidates.”

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October 19 election to proceed as planned: Elections Commission

Additional reporting by JJ Robinson, Daniel Bosley and Mohamed Naahii.

With just hours to go before polls are scheduled to open and with the voter lists still unsigned by two of the three candidates, the Elections Commission held a press conference to declare that voting will proceed as planned.

“Ultimately, the Supreme Court has ruled to not delay the elections,” said Elections Commissioner Fuwad Thowfeek, reading out the Supreme Court’s ruling following the court’s early morning crisis meeting.

“’We inform you the Supreme Court verdict no 2013/SC-C/42 delineates how the 2013 Maldives presidential election is to be conducted,” Thowfeek read.

The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) sought a court order of Friday evening to delay the election, while the Elections Commission (EC) requested the court clarify how it was to proceed.

The Supreme Court’s guidelines issued following its annulment of the first round of polling said the EC was to hold elections before October 20 with the support of relevant state institutions, Thowfeek noted.

He highlighted President Dr Mohamed Waheed Hassan’s statement on Friday, in which the president called on all parties to facilitate the election to proceed as planned in line with the guidelines on October 19.

Thowfeek said the commission had chartered flights to dispatch ballot boxes to the atolls. However, they were initially unable to do so because the police had suspended their support while political parties sought a ruling at the Supreme Court.

EC Member Ali Manik said he had spoken to the police who had confirmed their support to hold elections as per the Supreme Court’s guidelines.

Thowfeek appealed to the police to uphold their responsibilities and support the EC.

“The PPM and JP failed to [sign the lists]. I believe their failure to do what they should do must not stop the entire system. Just because one person fails to do their duties, refuses to do what they must do, it does not mean everyone else must stop their work, and deprive the Maldivian citizen’s of their right to vote,” Thowfeek stated.

“It is not only the candidate right to vote, but also the citizen’s right. All citizens who have been waiting for [the vote] must get their rights.”

Shortly after the EC’s early morning press conference, the police issued a statement at 5:30 am stating that police “will not support an election held in contravention of the Supreme Court verdict and guidelines.”

In a letter addressed to Thowfeek, the police informed the commissioner “when the Supreme Court has ordered state institutions to ensure compliance with [its guidelines], the police will not support an election that contravenes the guidelines delineated in the verdict as such an act contravenes the Supreme Court verdict.”

“We have assured the Elections Commission that if the Supreme Court issues a ruling stating that elections can proceed even if certain tasks in the Supreme Court verdict 2013/SC-C/42 are not completed, then the Maldives Police Services will abide by such a ruling.”

The EC has meanwhile said polling may not start at 7:30am as planned in all areas as ballot boxes may not reach certain stations by then. But the EC estimates voting will begin at the latest by 12:00 noon and finish by 9:00pm tonight in the affected areas.

‘We have done the best [elections preparations] we could have done within 11 days,” EC Vice President Fayaz said.

The EC admitted there had been problems in voter re-registration with some voter’s re-registration status changed without their knowledge. However, the EC offered assurances that these problems had been solved.

“We have followed the Supreme Court’s guidelines in their verdict. However, we have had difficulties due to the time limit. We cannot go beyond October 19. We have been ordered to hold elections on October 19. We are doing that,” Fayaz said.

If all complaints are addressed then election will be free and fair, Manik said, and called on as many people as possible to come out and vote and to ensure a smooth and peaceful polling day.

“God willing, October 19 2013, today is the day the first round of presidential elections will be held, we are working for that,” Fuwad Thowfeek said.

The EC was due to start another press conference at 6:30am.

Unlawful election: PPM

The PPM has said it would not accept any election “that is held in contravention to the Supreme Court guidelines”, and appealed to the executive “to uphold the Constitution and the Supreme Court’s verdict.”

“The PPM believes the first round of the presidential elections to be held by the Elections Commission on October 19 2013 contravenes the Supreme Court guidelines in its verdict no 2013/SC-C/42 and such an election is an unlawful election,” the PPM statement read.

“PPM is ready to extend full support to an election held within the Supreme Court guidelines. We will not accept any election that is held in contravention to the Supreme Court guidelines,” the party said.The JP has yet to make a statement on today’s election.

Refusal to sign lists

The JP and PPM refused to sign the voter lists – another stipulation in the Supreme Court’s October 7 guidelines – before the EC’s deadline on Friday morning, with the party’s candidates initially failing to respond to phone calls and EC officials sent to their houses.

EC Thowfeek said on Friday morning that he had contacted Supreme Court Chief Justice Ahmed Faiz about the lack of response from the two candidates: “He told me to keep trying. Send people to their homes and keep trying. He did not say what else we should do.”

The two respective candidates, Gasim Ibrahim and Abdulla Yameen, subsequently demanded time to review the voter lists and called for fingerprint verification of up to 10 percent of forms.

Pressed for time to distribute ballot materials and in the expectation that the JP and PPM would sign the voter lists, the EC began distributing ballot materials and unsigned lists to remote and overseas destinations such as the UK.

Ballot boxes began to be dispatched to atolls from 2:45am with the assistance of police speedboats. When commercial flights start at 6:00am, boxes will be transported to the more far flung atolls.

A police spokesperson said late on Friday evening that “the Maldives Police Service will continue to provide assistance to the EC in accordance with the guidelines laid down by Supreme Court.”

The signing of the voter lists by all candidates was one of the Supreme Court’s new guidelines for the election – along with holding it before October 20.

Both the Jumhoree Party (JP) and the Progressive Party of Maldives (PPM) requested on Friday evening that the Supreme Court order Saturday’s re-scheduled election not to go ahead without all parties having signed the register.

PPM candidate Abdulla Yameen said on Friday he would not sign the voters’ registry until the party was sure it was free of any errors, whilst JP representatives suggested that at least two days were needed to check the list.

The Supreme Court’s October 7 annulment of the first round, in which front-runner Mohamed Nasheed received 45.45 percent of the vote, cited a confidential police report submitted to the court allegedly citing 5600 irregularities on the voting registry, ranging from repeated names to mismatched address details. The police report has not been made public and was not shown to the EC’s defence lawyers.

The court’s decision came despite the original poll being universally praised as free and fair by all international observers present during the first round, as well as local NGOs and the Human Rights Commission.

The court’s investigation into alleged electoral fraud in the first round were prompted by complaints filed by the party of third-placed candidate Gasim Ibrahim, who missed out on the run-off by just 2677 votes and subsequently declared “God Willing, Gasim will be president on November 11”.

Following the order on September 23 for all institutions to stop preparations for the second round pending the court’s decision, the EC’s determination to go ahead with the constitutionally-mandated election schedule prompted a further court order on September 26 for security services to stop election preparations by force if necessary.

A subsequent midnight Supreme Court on October 10 ordered the EC to restart the entire elections re-registration process in its entirety.

After re-registering more than 71,000 voters over several days – a process that normally takes between 45-60 days – the Elections Commission requested representatives from all party leaders to sign the completed lists the day before the election.

Of the three candidates only the Maldivian Democratic Party’s (MDP) Mohamed Nasheed has given the revised register his approval, with his party noting that the 0.61 percent error margin was “negligible”.

A meeting between the EC, party representatives and the Home Ministry at 9:00pm this evening reportedly ended in a stalemate, according to local media, with the JP and PPM insisting on time to verify the voter registry.

Nasheed on Friday afternoon had urged the EC to go ahead with the poll regardless of his opponents’ reluctance to sign the new register, in the absence of any further clarification from the Supreme Court.

“One of the views is that there is an obligation on the Elections Commissioner to have the elections on the 19th by the Supreme Court order. There are altogether 16 points in the guidelines. One of the points is to have the elections,” said Nasheed.

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“Which Maldivian would accept an election in which the voter registry is tampered with?” asks Gasim

The Jumhooree Party (JP) has joined the Progressive Party of the Maldives’ (PPM) in refusing to approve the presidential election’s voter registry, narrowing the chances for elections to proceed as planned tomorrow (October 19).

Speaking to the press this evening, JP presidential candidate and resort tycoon Gasim Ibrahim questioned the accuracy of the voter registry, the security of the Election Commission’s (EC) database, and said the party requires at least two days to check and approve the revised registry.

“If an election is held tomorrow in violation of the Supreme Court ruling, it is without doubt an unlawful election. We cannot give space for such an election. And how can we support such an election?” Gasim said.

On October 7, Supreme Court annulled the first round of presidential elections held on September 7 after the JP filed a complaint alleging widespread electoral fraud.

“Who, which Maldivian, would accept an election in which the voter registry is tampered with? And in which place do things happen like this?” he said today.

The JP had narrowly placed third with 24.07 percent of the vote – only 2677 votes behind second placed PPM’s Yameen Abdul Gayoom.

The Supreme Court gave the EC a 12-day time limit to hold a re-vote, and delineated 16 guidelines which including compiling a new voter registry, a new re-registration process, and approval of the voter registry by all candidates contesting in the election.

PPM and JP representatives failed to turn up at the EC to approve the voter registry this morning. The EC said it has called, texted, and sent officials to individual’s houses but had received no answer.

According to the EC, the JP had said the party would sign the registry when the commission presented a hard copy of the final voter list and verified five percent of over 70,000 re-registration forms.

The EC has also said the verification of re-registration forms is “impossible” as the commission does not have the capacity or time to do so. The Maldives Police Services had previously said that crosschecking a single fingerprint required five minutes.

The re-registration forms have fingerprints of four different people – the voter, two witnesses and the bearer who submitted the form to the EC.

The Supreme Court guidelines do not say what the EC must do should candidates refuse to approve list.

Gasim said the EC must go to the Supreme Court to find a solution if the commission was unable to hold elections in the specified time limit, while the EC has said it will proceed with elections if all parties have signed the registry before polling booths open at 7:30am tomorrow.

The Maldivian Democratic Party (MDP), Department of National Registration (DNR) and EC officials are currently at the EC offices to approve the lists.

Two days to check the register

Speaking to local media, Gasim’s representative to the EC Umar Naseer said the JP had received the final voter registry at 4:03 pm today, but said the party required two days to check and approve the voter registry.

“Even though we have received the list, we need at least two days to check the list. We will physically check the list. We will go to the houses of 100 people on the list and check if they are in their houses, and if they are not, we will verify if they indeed live in those houses. We will use our campaign offices in the islands to do that,” Naseer told Sun Online.

Naseer also said the party is concerned over the security of the EC database. JP MP Riyaz Rasheed had previously alleged that rival Maldivian Democratic Party (MDP) was accessing the EC’s servers and changing the registration status of voters.

The PPM has also said the party would not sign the voter registry unless the list is free of any errors. The party claims the EC had failed to respond to “numerous complaints and concerns.”

“We will not sign a bundle of papers held out to us by the Elections Commission (EC) without having seen for ourselves what exactly is in them,” PPM Deputy Leader and MP Abdulla Abdul Raheem stated at a press conference held on Friday.

Meanwhile, the MDP’s presidential candidate and former president Mohamed Nasheed called on EC President Fuwad Thowfeek to proceed with the presidential election if the Supreme Court fails to clarify what the EC must do when presidential candidates refuse to approve the registry.

Speaking to the press outside the EC today, Nasheed said that an election by October 20 is “paramount” to the Supreme Court guidelines, and hence the EC must proceed with elections preparations and stand ready to hold elections as scheduled until the Supreme Court clarifies what the EC must do, or until the PPM and JP approve the list.

“One of the views is that there is an obligation on the Elections Commissioner to have the elections on the 19th by the Supreme Court order. There are altogether 16 points in the guidelines. One of the points is to have the elections. Of course that is the most paramount of all the guidelines, just to have the elections. In having the election, the Supreme Court goes on to say what else has to be done. One of those things is to get the candidates to sign the voter’s list.”

“My view is that the Elections Commissioner must be ready and all the voting booths must be open at the time, but voting can begin when the Supreme Court either clarifies what they are talking about, which is signing the list or when the candidates sign the list,” he said.

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Maldivians “hungry to vote”, Nasheed tells rivals: “Please don’t hide”

Maldivian Democratic Party’s (MDP) presidential candidate Mohamed Nasheed has called on Elections Commission (EC) President Fuwad Thowfeek to proceed with the presidential election scheduled for tomorrow (October 19), should the Supreme Court not clarify what the EC must do in the event of presidential candidates refusing to approve the voter registry.

Nasheed – the Maldives’ first democratically elected president – was ousted amid a police and military mutiny of February 2012, but emerged the front-runner with 45.45 percent in elections held on September 7.

However, the Supreme Court annulled the first round citing vote fraud, and gave the EC a 12-day time limit to hold a revote. In its verdict, SC delineated 16 guidelines including compiling a new voter registry, new re-registration process, and approval of voter registry by all candidates contesting in the election.

The Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) this morning refused to approve the new voter registry, demanding verification of fingerprinted re-registration forms. The EC has said the task is “impossible” as the commission does not have the capacity to do so. Meanwhile, the police have told the EC they would not support the election without  all candidates approving the voter registry. The Supreme Court guidelines do not say what the EC must do should candidates refuse to approve list.

Nasheed’s representatives, EC officials and Department of National Registration (DNR) officials are currently at the EC signing and fingerprinting the voter lists for 470 ballot boxes.

Speaking to the press outside the EC today, Nasheed said that an election by October 20 is “paramount” to the Supreme Court guidelines, and hence the EC must proceed with elections preparations and stand ready to hold elections as scheduled until the Supreme Court clarifies what the EC must do, or until the PPM and JP approve the list.

“One of the views is that there is an obligation on the Elections Commissioner to have the elections on the 19th by the Supreme Court order. There are altogether 16 points in the guidelines. One of the points is to have the elections. Of course that is the most paramount of all the guidelines, just to have the elections. In having the election, the Supreme Court goes on to say what else has to be done. One of those things is to get the candidates to sign the voter’s list.”

“My view is that the Elections Commissioner must be ready and all the voting booths must be open at the time, but voting can begin when the Supreme Court either clarifies what they are talking about, which is signing the list or when the candidates sign the list,” he said.

If the Supreme Court does not clarify what the Elections Commission must do, President of the Commission Fuwad Thowfeek “has an obligation to go ahead with the vote”, Nasheed said.

“Logistically it is very possible. The Elections Commissioner has all the lists. He has all the arrangements ready at hand. There is no island in the Maldives that cannot be reached within three to four hours,” he added.

The EC at a press conference this morning said the commission is ready to hold the re-run of the presidential election’s first round tomorrow as soon as the candidates approve the voter registry. Ballot boxes have been shipped to London, Singapore, New Delhi, and Malaysia.

The commission said it has called, texted,  and sent officials to individual’s houses – as well as to the homes of JP representatives Umar Naseer and Hassan Shah, and PPM representative Ahmed Ilham – but has received no answer.

The PPM and JP have said they would approve lists only if the EC verified 10 percent and 5 percent of re-registration forms respectively. The commission has said “the impossible task” would take at least 20 days as the EC does not have the capacity to cross check fingerprints and must hand the task over to the police.

Nasheed appeal to his rivals to contest tomorrow’s elections, stating “the people of the Maldivians are hungry for a vote. Please come and sign these lists. Please don’t run away. Please don’t hide. Come out and give us this fight.”

“I refuse to give up hope. I believe we will have the elections tomorrow,” Nasheed told the press on Friday afternoon.

Nasheed also criticised his former deputy and current President Dr Mohamed Waheed Hassan for not doing enough to ensure polls proceeded as planned.

“I think Waheed has an obligation to facilitate the elections commission to go ahead with the elections. We want to see more robust engagement of Dr Waheed in this process and we are not seeing that now and that is very sad,” he said.

Waheed released a statement this morning urging parties “not to act in a fashion that obstructs holding of the election and to prioritise national interest over personal interest”.

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