Author: Zaheena Rasheed

MDP calls for parliament to reconvene, fears “disgraced” Supreme Court judges may “abrogate will of the people”

The Maldivian Democratic Party (MDP) has called on parliament to reconvene to stop the Supreme Court from potentially annulling the election results, claiming the apex court consists of “some disgraced judges who face allegations of lewd conduct.”

The MDP’s national executive committee held an emergency meeting today, after the Supreme Court accepted an appeal by the Jumhooree Party (JP) to annul September’s presidential polls. The JP placed third and narrowly missed the run-off.

The MDP was the front runner with 45.56 percent of the vote and is set to compete with Progressive Party of the Maldives (PPM) in run-off elections on September 28. International and domestic observers have praised the free and fair election process.

Supreme Court Judge Ali Hameed has been implicated in a series of widely circulated sex videos, but the judicial oversight body Judicial Services Commission (JSC) decided not to suspend the judge against the recommendation of a subcommittee it set up to investigate the matter. JP’s presidential candidate Gasim Ibrahim was a member on the JSC at the time.

Meanwhile, the UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in a damning report in May expressed concern over “inadequate and politicized” composition of the JSC and “shock” that members of the judiciary, including the Supreme Court, held memberships in political parties.

The PPM has declared that it supports the JP’s Supreme Court appeal, citing concern over election irregularities.

The UN Resident Coordinator in the Maldives, Tony Lisle, issued a statement today encouraging “all presidential candidates to respect the results” of the first round of presidential elections.

Reconvene parliament: MDP

The MDP’s National Executive Committee has requested the party’s Parliamentary Group to reconvene parliament sittings and take steps through the parliament to “stop undue influence of political parties in the judiciary.”

“We will not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution,” the MDP said in a statement.

The Supreme Court yesterday accepted a case from the JP seeking to have the vote annulled.

The High Court in a separate case today has ordered the Elections Commission to allow the JP supervised access to the voter lists following claims dead people had registered to vote, and that the same people registered at different locations to vote.

Gasim’s Jumhooree Coalition, which includes the Islamist Adhaalath Party, polled 24.07 percent (50,422 votes) in the first round, but has, however, variously contended that he should have received between 10,000 to 30,000 more votes, and has disputed the result in the High Court, Supreme Court, at rallies, and on his television station – Villa TV – declaring that he should have placed first.

Meanwhile, the PPM has come out in support of the JP’s ‘Vote Rigged’ campaign at a press conference yesterday. PPM’s Abdulla Ameen said the party would accept a Supreme Court verdict regardless of the outcome.

The party will continue campaigning for the second round. “I call on people in the islands who supported others to join our movement. Your participation in this campaign, especially your support for PPM’s candidate will be encouragement for the work underway in the court process,” Ameen said.

Disgraced judge

Three videos apparently showing Judge Hamid engaging in sexual relations with foreign women were leaked on social media in July. According to Maldivian law, the crime of fornication is subject to 100 lashes and banishment or house arrest for a period of eight months.

Minivan News understands that one of the newly leaked videos, time-stamped January 24 2013, shows the judge fraternising with a topless woman with an eastern European accent. At one point, the judge appears to lean right into the camera, with his face visible.

Afterwards, the woman repeatedly encourages the judge to drink wine from a mini-bar.

“If I drink that I will be caught. I don’t want to be caught,” the judge insists, refusing.

The room and date stamp appears to be the same as that in previously leaked footage of Hameed meeting a local businessman Mohamed Saeed, the director of ‘Golden Lane’.

In that video, Hameed asserts that he was one of Progressive Party of the Maldives (PPM) Presidential Candidate’s Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

“Even [Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he appears to add, although the audio quality is poor.

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CSC cancels Fahmy’s access to its offices

The Civil Service Commission (CSC) has blocked former chief Mohamed Fahmy Hassan from accessing its offices as the country’s executive, Supreme Court, and parliament remain at an impasse over Fahmy’s membership at the CSC.

However, a source within the commission – who wished to remain anonymous – told Minivan News that Fahmy was continuing to come to the office for a few minutes everyday.

CSC media officer Ali Nizar said the commission had decided to cancel Fahmy’s fingerprint access on September 11 until the dispute over Fahmy’s membership was resolved.

“Therefore he cannot be present at the commission in any official capacity,” Nizar said.

The parliament in November last year voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment against him lodged by a female CSC employee.

On 14 March 2013, the Supreme Court invalidated the parliament’s decision to remove Fahmy from his position, and President Dr Mohamed Waheed reinstated him to the CSC.

The parliament nevertheless proceeded to appoint a new member to the CSC to replace Fahmy on August 13, and appointed CSC member Dr Mohamed Latheef as the new chair of the commission on August 20.

On August 15, however, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office was preparing to give credentials to a new appointee – Fathimath Reenee Abdul Sattar.

The following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

The President of Anti-Corruption Commissions (ACC) Hassan Luthfy told local media on August 19 that the commission would be investigating the Supreme Court for abuse of office due to the presence of Ali Hameed on the bench that issued the injunction.

Hameed had been involved in a case – regarding a leaked sex tape – that was being investigated in the Judicial Services Commission, of which Fahmy was a member by virtue of his place as CSC head.

Meanwhile, new CSC chair appointee Dr Mohamed Latheef has appealed to President Waheed to find a solution, but told Minivan News today he is yet to receive an answer from the president.

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Word Federation of Trade Unions (WFTU) expresses concern over MPL’s “attack” on ports workers

The World Federation of Trade Unions (WFTU) has expressed concern over reports of government owned Maldives Ports Ltd’s (MPL) “infringement of trade union rights and freedoms,” and has called on President Mohamed Waheed Hassan to immediately terminate its “attack” on members and the leadership of the Maldives Ports Workers Union (MPWU).

In a letter on July 23, WFTU General Secretary George Mavikos said the organisation was “deeply concerned” over MPL rights violations.

These included the dismissal of six members of the MPWU, suspension of 49 of its members, reassignment of many ports workers to other ports on different islands and verbal warnings to 27 works and the threats and harassment against the President of MPWU Ibrahim Khaleel.

Khaleel had previously told Minivan News the government company mainly targeted employees who supported the ousted Maldivian Democratic Party (MDP).

“They send people with cameras to MDP protests to check which MPL employees take part in the protests,” he said.

Mavikos urged President Waheed “for the immediate termination of this attack against the members and the leadership of the Maldives Ports Workers Union, the reinstatement of the dismissed and suspended workers, the reassignment of the workers in their original working place as well as the termination of the threats against the President of the Union.”

The WFTU is the oldest international trade union organisation with 82 million members in 120 countries, and “struggles against capitalism and imperialism for a society without exploitation of man by man.”

It is also the founder of the International Labor Organisation (ILO). The Maldives became a member of the ILO in May 2009.

The MPWU on July 12 had accused MPL of violating employee rights, alleging the state-owned company had unfairly dismissed six employees due to their political activism.

In his letter to MPL CEO Mahdi Imad, Khaleel said: “Although the constitution guarantees freedom of expression and freedom of assembly, it is now common within MPL to stop employees from expressing certain political views, and violate the Employment Act by unfairly dismissing employees and transferring employees to different departments without prior warning or explanation of any offense committed.”

MPL must “respect an employee’s right to exercise freedoms granted in the constitution and by participating in political activities in his or her free time” and must withdraw blocks on “social media including facebook, twitter and gmail,” Khaleel added

In response, Imad in a letter on July 16 accused the MPWU of dividing employees and promoting the interests of a certain political party and threatened to take action against the union.

“We have received reports that the union is attempting to divide employees and promote the interests of a certain political party. Hence, I order and advice you not to do so. If this happens in the future, we will have to take action against you,” he said.

Further, access to social-networking sites had been blocked because they “often propagate un-Islamic, sinful activities and propagate the interests of Jews,” Imad said.

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Broadcasting Commission President Badr Naseer resigns over government’s allegations of “negligence”

President of the Maldives Broadcasting Commission (MBC), Badr Naseer, has resigned after the government accused MBC of negligence following the murder of Lance Corporal Adam Haleem last week.

Attorney General Azima Shukoor had said that the MBC had failed to take disciplinary measures against opposition aligned Raajje TV, alleging Haleem’s death was a result of the station inciting violence against the security forces.

“Institutions that must take responsibility are not doing their job. [We have] to take action against them. The executive will conduct necessary legal work to take such action. We will submit this case to the Majlis. We are also ready to take necessary action through the courts,” she told state broadcaster Television Maldives (TVM) on July 23.

Naseer denied the allegations, claiming consecutive governments had expressed “no interest” in strengthening the MBC. Further, the government’s claims had increased public hatred towards the commission’s members to the point members were unable to walk on the streets, Naseer said in a statement published today.

“The government has shown no interest in strengthening the Broadcasting Commission, and this commission has now become the recipient of government and public hatred. I have been defamed in the process and hence, I do not see any reason why I should spend the rest of my life in this state of psychological and physical danger,” Naseer stated.

Tensions have been on the rise in Malé after Haleem’s death. The government has stepped up verbal attacks on Raajje TV and ousted Maldivian Democratic Party (MDP), pledging to take action against the two parties for “inciting hatred and violence” against security forces.

Police have said they will no longer cooperate with or provide protection to Raajje TV for broadcasting CCTV footage of some police officers, whom the station alleged were “caught on video” while they were stealing petrol from a motorbike parked in a small road in Male’.

The MBC has ordered Raajje TV to broadcast an apology over the report.

Although the MBC was established on April 4, 2011 as an independent state institution mandated with developing and regulating broadcast media, consecutive governments had not provided the necessary technical and human resource needs for the commission to function, Naseer claimed.

The MBC had asked successive foreign, transport and finance ministers for assistance, but had received little response, he added. Furthermore, new President Dr Mohamed Waheed Hassan had not responded to repeated requests for a meeting, Naseer said.

Despite countless requests for a media-monitoring system, the commission at present only had facilities to monitor four TV channels, but had no equipment to monitor content on radio channels, Naseer said.

He raised concern over the lack of a monitoring system, “because we know the importance and dangers of broadcast media given the direction Maldives is taking.”

He said 20 additional TV channels will be established in the Maldives before the next presidential election.

“Although the commission is independent on paper, we have to question how independent the commission can be when the commission’s budget is controlled by the Finance Ministry,” Naseer said.

Naseer defended the commission’s record, arguing that although commission members had worked from around a conference table, they had published several laws and broadcasting standards and ethics, and had taken disciplinary action against broadcast media when necessary.

Explaining his decision to resign, Naseer said: “Instead of harassment and political hatred from the public and government, I want a peaceful life more suited to my age.”

Naseer has worked in state media until he retired at 65 years of age. He was then appointed to MBC with unanimous support from the People’s Majlis.

International non-profit organisation, the committee to Protect Journalists (CPJ), has expressed concerns that press freedom was “deteriorating” under the present government of President Dr Mohamed Waheed Hassan.

“Reports of police brutality against journalists amid political chaos, and a vicious attack for writing about religious tolerance, are disturbing signs that the Maldives is backsliding on press freedom,” CPJ Senior Researcher Madeline Earp wrote on the organisation’s blog.

“[The president] must ensure that journalists are free to report if he wishes to distance himself from [Maumoon Abdul] Gayoom’s legacy and stabilise the nation for elections.”

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Nazim files complaint against Raajje TV with police, broadcasting commission over leaked texts

Defense Minister Mohamed Nazim has asked the Maldives Police Services and the Maldives Broadcasting Commission (MBC) to investigate opposition-aligned Raajje TV over the station’s reporting of 57 leaked text messages allegedly received to Nazim’s cell phone during the controversial transfer of power on February 7.

In a press statement posted on social media twitter, Nazim said Rajje TV had violated Article 24 of the Constitution which guarantees right to privacy, and contravened the Article 37 of the Broadcasting Act which prohibits use of illegally recorded information and defamation.

The text messages received to Nazim’s phone appear to offer congratulations from security forces, family members, prominent businesses including tourism tycoon Ahmed Nazeer of Crown Company Pvt Ltd, and prominent politicians including Deputy Leader of the Progressive Party of the Maldives (PPM) Umar Naseer.

“Rajje TV’s actions contravene the Constitution and laws of the Maldives, as well as broadcasting ethics. Hence, I have asked the Maldives Broadcasting Commission and Maldives Police Services to investigate the matter,” Nazim said.

However, Raajje TV News Head Asward Ibrahim Waheed said the station was not responsible for the leaked text messages. Opposition Maldivian Democratic Party (MDP) had publicised the text messages at a rally held at its protest camp at Usfasgandu on Sunday night, and Raajje TV had broadcast live coverage of the event, Waheed said.

“Numerous print media outlets have also written articles on these text messages. Therefore, Nazim’s targeting of Raajje TV on this matter again illustrates the Maldivian security forces’ attempt to gag free media,” Waheed said.

The MDP contends former President Mohamed Nasheed was deposed through a coup d’état, orchestrated by remnants of the former dictatorship, funded by resort interests, and carried out by mutinous elements of the police and military.

Nazim, a colonel during former President Maumoon Abdul Gayoom’s administration, was a central figure in Nasheed’s downfall. Video footage on February 7 shows the retired colonel addressing police and military officers gathered in Republican Square, saying he had delivered an ultimatum on their behalf demanding Nasheed’s resignation. New President Dr Mohamed Waheed Hassan appointed Nazim as Defense Minister the next day.

MDP Spokesperson Hamid Abdul Gafoor said the text messages were evidence that the “coup was pre-planned and executed to stakeholders’ satisfaction.”

Although Nazim has asked the police and MBC to investigate Raajje TV, he told local media today that he still could not comment on the authenticity of the text messages.

Controversial text messages

According to the MDP publicized document, Majlis Speaker Abdulla Shahid sent a message to Nazim at 1:42 pm stating “Need to talk urgently.”

Deputy Leader of PPM Umar Naseer at 2:51 pm allegedly says: “Extremely grateful for your service in saving this country and its religion, thank you, Umar Naseer.”

Three phone numbers registered with the Crown Company Pvt. Ltd also offered congratulations to Nazim. Tourism Tycoon Ahmed Nazeer allegedly said at 1:28 pm: “Congratulations. Once a soldier, always a soldier. Keep up the good work, but don’t go overboard. Thanks and regards, Nazeer.”

A Malaysian number which the MDP claims belongs to retired MNDF Lieutenant General Anbaree Abdul Sattar at 4:39 pm said: “Heartfelt congratulations. I pray Allah gives you the patience and wisdom as you proceed to be magnanimous and be mindful of the vow you have made to uphold the constitution and the constitution of the Maldives, Anbaree.” Anbaree had also served as former President and ruler of 30 years Maumoon Abdul Gayoom’s Ambassador to India.

Two text messages also appear to discuss details of then VP’s movements and logistics for a press conference. A number registered with the MNDF at 2:51 pm says: “Sir vp getting ready to move to majlis,” while a man identifying himself as Colonel Adurey at 3:21 pm asks when media briefing should be scheduled.
Several security forces personnel also allegedly sent text messages to Nazim thanking and congratulating him for his role in Nasheed’s resignation.

A text message from retired Deputy Commissioner of Police Abdul Shakoor Abdulla said: “Allah Akbar Allah Akbar Akbar Alh’amdhu Lillah. Congratulations! Abdul Shakoor Abdulla Rtd. Dy Com of Police,” whilst a number registered with Lieutenant Colonel Zakariyya Mansoor reportedly sent a text message saying, “Congratulations, Mansoor.”

Another text message from a man identifying himself as “Riya” from an unlisted number said: “Moosa Jaleel’s 15 year savage reign is now over. I was one of those forced to resign. I am really proud to say I’m done STF with you in same platoon. Congratulations, Riya, five rises.” Moosa Jaleel was Chief of the Defense Forces under Nasheed. He resigned shortly after President Waheed took his oath of office.

Attacks on Raajje TV

The government has stepped up verbal attacks on Raajje TV, following the murder of Lance Corporal Adam Haleem on Monday, claiming the station incites hatred and violence against security forces by broadcasting “baseless allegations” regarding police brutality and the police’s role in the controversial transfer of power on February 7. The police have said it will no longer cooperate with or provide protection to Raajje TV journalists.

Home Minister Mohamed Jameel, Police Commissioner Abdulla Riyaz, and Attorney General Azima Shukoor have said Rajje TV must bear responsibility for the murder Haleem, and have pledged to take legal action against the station.

Raajje TV has previously accused the Maldives security forces of regularly targeting, attacking, threatening and harassing the station’s journalists. In a July 10 statement, Raajje TV said: “Raajje TV journalists have been forced to live in fear as they have increasingly become targets of attacks by the national security forces, particularly the police service. The station also believes that these attacks and harassment has been the source of emotional distress and psychological damage to all Raajje TV employees.”

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Tensions escalate as government accuse MDP, Raajje TV of “inciting hatred and violence against police”

Following the murder of Lance Corporal Ahmed Haleem on Sunday, the government has said deposed President Mohamed Nasheed, opposition Maldivian Democratic Party (MDP), and the opposition aligned Raajje TV are responsible for attacks on police, and have pledged to summon Nasheed for questioning over charges of inciting hatred and violence against police.

Superintendent of police Mohamed Riyaz at a press conference this evening publicised an audio conversation held between MDP MP Mariya Ahmed Didi and Nasheed on May 29, in which Nasheed allegedly told Mariya to find people to fight the police. Riyaz said the police would obtain a court order to summon Nasheed for questioning within the week.

A few hours later, former Deputy Home Minister Hassan Mahir was arrested under a court warrant on charges of inciting violence against the police during a speech given at the MDP’s protest camp at Usfasgandu.

Meanwhile, in a separate joint press conference held at noon at Iskandhar Koshi today, Home Minister Mohamed Jameel and Police Commissioner Abdulla Riyaz said Raajje TV had spread “baseless allegations” about police brutality and the police role in the controversial change of government on February 7, thereby inciting and encouraging violence against the police and their families. Further, deposed President Nasheed was directly responsible for planning and inciting violent attacks on police, Abdulla Riyaz said.

Nasheed had resigned from office on February 7, but later claimed he was ousted in a coup d’état, planned by the remnants of the former dictatorship, funded by resort interests, and carried out by mutinous elements of the police and military. The MDP has since held regular protests calling for early elections.

Attorney General Azima Shukoor has also told state broadcaster Television Maldives (TVM) that the government will take action against the Elections Commission and the Maldives Broadcasting Commission (MBC) for respectively failing to discipline Raajje TV and the MDP, claiming the two bodies must be held responsible for encouraging attacks on police and the death of Haleem.

Police have arrested Mohamed Samaah, 22, over Haleem’s death, but have declined to give any further details. The MDP have said Samaah belonged to government coalition member and former President of 30 years Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM).

Nasheed- Mariya conversation

Nasheed and Mariya’s leaked audio conversation appears to have been held during the police’s attempt to dismantle the MDP’s protest camp at Usfasgandu on May 29. Police had obtained a search warrant claiming MDP was performing black magic, conducting criminal activity and damaging public property in the area.

In the audio clip, Mariya says: “[Police] are forcing people back! They are using pepper spray! That is why we are unable to hold a national council meeting. And we have also received a second letter, ordering us to vacate the area by ten o’clock tonight. We cannot file an appeal at court or do anything. We cannot even hold the National Council meeting. We won’t have [enough members for] quorum. Shihab is here. But they are using pepper spray and forcing people back. Can only vacate the place if we could only get in there. This is all very unjust. What shall I do?”

Nasheed then replies, “There’s not much we can do. I don’t know. What is there to do? I think [we] need to get people out to fight if we can get them. If we can get people to fight, get them out. It’s very clear to me, I think we need to fight back. If we can get people to fight. Find kids from Male to fight the police,” Mariya laughs at this point, but Nasheed continues, “That is what I think. I don’t know if we can get people to fight. I want to fight against them.”

Amnesty International released a statement on June 11, alleging the police had used excessive force against protesters on May 29, by pepper spraying, beating and arresting peaceful protesters, bystanders and journalists. Police denied the allegations.

Superintendent of Police Mohamed Riyaz today said the police had decided to publicize the audio conversation “because we have no other choice.”

Riyaz said Mariya had been summoned for questioning over the audio clip on June 20, but the MDP had spread baseless allegations that the police were arresting and harrassing opposition politicians for no apparent reason. Hence, “the time has come to reveal the truth,” Riyaz said.

The audio clip was obtained legally through a court warrant, he added.

At approximately 9:00 pm this evening, former deputy Home Minister Hassan Mahir was arrested for comments made at Usfasgandu, in which he had allegedly incited violence against the police. Video footage of February 7 shows Mahir being attacked by men in civilians as police in riot gear watch outside the Police HQ and another man screams, “Kill him!”

The MDP has consistently raised concerns over new President Dr Mohamed Waheed Hassan’s failure to prosecute the police for brutality on February 7, 8 and at subsequent MDP demonstrations.

“Enemies of the state”

Speaking at a press conference at noon, Home Minister Jameel and Police Commissioner Abdulla Riyaz condemned MDP and Rajje TV’s alleged incitement of hatred and violence against police and their families.

Jameel described MDP and Raajje TV as “enemies of the state,” while Riyaz said Nasheed and senior MDP officials were behind the planning of psychological and physical attacks on the police.

“I note that former President Mohamed Nasheed is behind the planning of the attacks and damage caused to police property and repeated physical attacks on police officers.” Riyaz said.

Claiming Raajje TV’s reporting was “not responsible journalism,” Riyaz said that the station had spread baseless allegations regarding police brutality towards protesters and police role in the controversial change of government.

“Raajje TV has repeatedly attempted to defame and raise questions over police professionalism by broadcasting baseless allegations to create distrust towards the police,” he added.

He went on to refute a recent Raajje TV report that police had stolen fuel from parked motor cycles, claiming Raajje TV was attempting to falsely cast the entire police force as “brutal” and as “thieves.”

Earlier in the day, the Police released a satement saying they  will no longer cooperate with Raajje TV or provide protection to the station due to its attempts to defame the institution. The Maldives Broadcasting Commission (MBC) subsequently told Raajje TV to issue an apology for the report on police officers stealing petrol.

Conversely, Raajje TV has also accused police of targeting, assaulting and harrasing its reporters during MDP’s protests.

A statement from Raajje TV on July 10 read: “Raajje TV journalists have been forced to live in fear as they have increasingly become targets of attacks by the national security forces, particularly the police service. The station also believes that these attacks and harassment has been the source of emotional distress and psychological damage to all Raajje TV employees.”

However, Riyaz stressed today that the police force did not discriminate.  “I believe the police are professional. I am not under any political influence,” he added

During MDP’s protest on February 8, 64 policemen had been injured while police stations had sustained over Rf 130,000 (US$ 8387) worth damages, Riyaz said. It was Raajje TV’s broadcasting of false reports that police had killed a man in Male’ that led to the vandalism and arson attacks on police stations and court buildings throughout the Maldives, Riyaz alleged.

“We will take action against whoever incites violence against the police, no matter who it is or what kind of position they hold or have held in the past,” Jameel said.

Police have already filed criminal charges against Nasheed for his alleged role in the detention of Criminal Court Chief Judge Abdulla Mohamed in January and the discovery of alcohol bottles at Nasheed’s residence following his resignation. The Prosecutor General (PG) this month filed charges against Nasheed at the Hulhumale’ Island Court over Abdulla’s detention, but the court has rejected the case claiming the case was outside its “jurisdiction.”

The Commonwealth’s Special Envoy to the Maldives Sir Donald McKinnon and the UN Human Rights Commissioner Navi Pillay have expressed concern over the state’s attempt to prosecute Nasheed.

Complaints against EC, MBC

Attorney General Azima Shukoor, speaking on TVM’s Raajje Miadhu programme, said the Elections Commission (EC) and the Maldives Broadcasting Commission (MBC) had failed to discipline Raajje TV and MDP for inciting violence despite the government filing numerous complaints.

Azima said MDP’s call for violence were “a fact. You cannot dispute this. Look at the tweets, the materials on Facebook, and the speeches at meetings and protests.”

However, the failure of independent oversight institutions to take action had put the democratic process in the Maldives in jeopardy, Azima claimed. “The country is not functioning when space is given for democracy,” she said.

“Institutions that must take responsibility are not doing their job. [We have] to take action against them. The executive will conduct necessary legal work to take such action. We will submit this case to the Majlis. We are also ready to take necessary action through the courts,” she stated.

In response, the Elections Commissioner Fuad Thawfeeq told TVM that the commission “will not yield to threats and intimidation.”

Regarding the MDP’s protests, he said: “The constitution guarantees freedom of assembly and speech. The elections commission cannot narrow such freedoms.” Thawfeeq said it was the executive’s resonsibility to investigate criminal activities.

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MDP publicises text messages allegedly received by Defense Minister Nazim on Feb 7

The ousted Maldivian Democratic Party (MDP) has publicised a document listing a series of text messages allegedly sent to Defense Minister Mohamed Nazim’s phone following former President Mohamed Nasheed’s resignation on February 7.

The retired colonel was a central figure in Nasheed’s downfall. Video footage on February 7 show Nazim addressing police and military officers gathered in Republican Square, saying he had delivered an ultimatum on their behalf demanding Nasheed’s resignation.

Nasheed subsequently held a press conference at 1:30 pm on February 7 and publicly announced his resignation. Video footage shows Nazim accompanying Nasheed into the press briefing. Shortly afterwards former Vice-President Dr Mohamed Waheed Hassan was sworn in as President. Nazim was among President Waheed’s first cabinet appointments.

Nasheed later claimed he had left office “under duress” in a coup d’état orchestrated by remnants of the former dictatorship, funded by several resort interests and carried out by mutinous police and military units.

The text messages, publicised on Sunday night at a MDP rally at Usfasgandu, were allegedly sent to Nazim’s phone between 9:52 am and 4:44 pm on February 7. They appear to offer congratulations from security forces, family members, prominent businesses including tourism tycoon Ahmed Nazeer of Crown Company Pvt. Ltd., and prominent politicians including Deputy Leader of the Progressive Party of the Maldives (PPM) Umar Naseer. The document also claims Majlis Speaker Abdulla Shahid sent a message to Nazim at 1:42 pm stating “Need to talk urgently.”

Nazim declined to comment to Minivan News, stating that his lawyers were in the process of verifying the document’s authenticity. Minivan News’ cross-check suggests a match between the phone numbers and their registered owners as listed on the document.

According to the document, three phone numbers registered with the Crown Company Pvt. Ltd offered congratulations to Nazim. Tourism Tycoon Ahmed Nazeer allegedly said at 1:28 pm: “Congratulations. Once a soldier, always a soldier. Keep up the good work, but don’t go overboard. Thanks and regards, Nazeer.”

A Malaysian number which the MDP claims belongs to retired MNDF Lieutenant General Anbaree Abdul Sattar at 4:39 pm said: “Heartfelt congratulations. I pray Allah gives you the patience and wisdom as you proceed to be magnanimous and be mindful of the vow you have made to uphold the constitution and the constitution of the Maldives, Anbaree.” Anbaree had also served as former President and ruler of 30 years Maumoon Abdul Gayoom’s Ambassador to India.

Deputy Leader of PPM Umar Naseer at 2:51 pm allegedly says: “Extremely grateful for your service in saving this country and its religion, thank you, Umar Naseer.”

Speaking to Australia’s SBS journalist Mark Davis in February, Naseer had said Nazim had called him to request permission to negotiate with Nasheed on behalf of the then-opposition. Naseer also said he had been working from “a small command center where we do all the protests.”

Several security forces personnel also allegedly sent text messages to Nazim thanking and congratulating him for his role in Nasheed’s resignation.

A text message from retired Deputy Commissioner of Police Abdul Shakoor Abdulla said: “Allah Akbar Allah Akbar Akbar Alh’amdhu Lillah. Congratulations! Abdul Shakoor Abdulla Rtd. Dy Com of Police.”

Abdulla Junaid, an MNDF Sergeant, allegedly texted: “Was very happy to see you among the soldiers. Congratulations sir. Regards Junaid,” whilst a number registered with Lieutenant Colonel Zakariyya Mansoor reportedly sent a text message saying, “Congratulations, Mansoor.”

Another text message from a man identifying himself as “Riya” from an unlisted number said: “Moosa Jaleel’s 15 year savage reign is now over. I was one of those forced to resign. I am really proud to say I’m done STF with you in same platoon. Congratulations, Riya, five rises.” Moosa Jaleel was Chief of the Defense Forces under Nasheed. He resigned shortly after President Waheed took his oath of office.

Two text messages also appear to discuss details of then VP’s movements and logistics for a press conference. A number registered with the MNDF at 2:51 pm says: “Sir vp getting ready to move to majlis,” while a man identifying himself as Colonel Adurey at 3:21 pm asks when media briefing should be scheduled.

Family members also appear to have texted Nazim on the day. A number belonging to Abdul Majeed Ahmed says: “Dear nazim, Most welcome n prosperity I am proud of you. regards, Bappa [father].”

MDP Spokesperson Hamid Abdul Gafoor said the texts were evidence that the “coup was pre-planned and executed to stakeholders’ satisfaction.”

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Nasheed resigned “under duress”, security forces “more like militia”: Danish legal experts

Former President Mohamed Nasheed resigned “under duress” in a “coup d’état” on February 7, a report by Danish legal experts has concluded.

The report, titled “Arrested Democracy,” was compiled at the request of Nasheed’s Maldivian Democratic Party (MDP), and authored by an independent team of international lawyers and human rights experts headed by Associate Professor of International Law at Copenhagen University, Anders Henriksen.

It analyses the legality of Nasheed’s resignation under international law and the subsequent actions taken by the security forces against anti-government protesters, and is based on testimonies collected during a field visit in June 2012, as well as news articles, written materials and video footage.

Whilst the report concluded Nasheed was ousted in a coup d’état, the authors could not determine “with absolute certainty” whether the coup was pre-planned. However, the report finds “the factual circumstances surrounding the resignation of President Nasheed extremely damaging to the credibility of the new government and its claim that it did not instigate the transfer of power in the Maldives.”

The report further states that new President Dr Mohamed Waheed Hassan’s refusal to hold new elections “violate the right of the Maldivian people to democratic governance as manifested in Article 25 of the United Nations Covenant on Civil and Political Rights and in the right to self-determination.”

It also condemned and detailed a number of human rights violations committed by the Maldivian security forces, observing that “since the transfer of power the Maldivian security forces seem to have acted more like a militia for the new government than as a neutral police service for all Maldivians.”

Security forces have violated rights to freedom of association, speech, and assembly and right to personal security “by resorting to excessive use of force; discriminating against protesters based on their viewpoints; restricting demonstrations without a legitimate reason and for failing to distinguish between those protesters that cause trouble and those that are peaceful,” the report said.

Noting that no security official has been held accountable for human rights abuses since the controversial transfer of power, the authors stated that the Maldives government must take the “overall responsibility for the human rights violations in the Maldives over the course of the last six months.”

Recommending fresh elections to resolve the current political crisis in the Maldives, the authors state: “The new government must call for new elections and it must do so rather sooner than later. The longer it waits, the longer it prevents the Maldivian people from determining their own future.”

Members of the MDP have released two reports concerning the transfer of power on February 7. A report produced by former Environment Minister Mohamed Aslam and former National Security Advisor Ameen Faisal in June outlined what the MDP government knew of the then-opposition’s plan to topple the government by soliciting “about 500 police officers” to mutiny against Nasheed’s administration. A few days later, MDP lawyer and MP Mariya Ahmed Didi released a report outlining criminal charges against President Dr Waheed, arguing he had played “a pivotal role” in the “unlawful overthrow” of Nasheed’s administration and in doing so had violated Article 30 of the Penal Code.

Coup d’état

Nasheed had no choice but to accept a demand for his resignation on February 7 following “the revolt by the Maldivian Police Services and the seemingly unwillingness or inability of the Maldivian Military to restore law and order,” the report states.

“We conclude that President Nasheed resigned as President of the Maldives under duress, and that his resignation cannot be considered voluntary or otherwise ‘in accordance with law,’” the report observes, and goes on to state; “To the extent that a ‘coup d’etat’ can be defined as the ‘illegitimate overthrow of a government’, we must therefore also consider the events as a coup d’etat.”

Although the authors could not conclusively determine whether the coup was pre-planned, they argue that “it should not be for the opposition to prove that the new government under the presidency of Dr. Waheed orchestrated the forced resignation by President Nasheed, but rather for Dr. Waheed and his new government to prove that they did not.”

The report calls for early elections, stating that elected politicians must consult their constituents in time of extraordinary crisis.

“When the elected politicians have a valid disagreement on the political legitimacy of the democratic process and when that disagreement threatens to jeopardize the entire constitutional system, it should be for the people – and not simply the ruling politicians themselves – to decide on the direction society should take,” the report states.

“More like militia”

The report details human rights violations committed by the security forces since the transfer of power and said the security forces acted “more like a militia for the new government than as a neutral police service for all Maldivians.”

Maldivian security forces have violated the rights to freedom of speech, association, assembly and the right to personal security by resorting to excessive force, the report states. It further argues that such violations have made protesters reluctant to exercise their legitimate rights.

“We find, in other words, that the acts of the security forces have had a ‘chilling effect’ on the enjoyment of fundamental freedoms in the Maldives.

“The reported conduct of the security forces does not correspond with their obligation to allow protests to take place unless compelling information offers a legitimate reason for restriction. Indeed, when judged by the information available, it seems as if the security forces have been more focused on repressing demonstrations rather than ensuring the safety of the participating individuals,” the report notes.

Security forces have used “excessive and indiscriminate use” of batons and sticks, pepper spray and tear gas, and if such instruments have been used for no apparent reason, then “the security forces may very well have violated the prohibition against inhuman and degrading treatment under the UN Covenant on Civil and Political Rights and the UN Convention against Torture,” the authors said.

The report claims the security forces’ targeting of anti-government protesters “appear to be systematic and not just the result of sporadic acts of ill disciplined officers.”

“Some responsibility for the worsening human rights record among the security forces must rest with the leadership of these forces who have clearly failed to make sure that their personnel have discharge their duties in compliance with applicable democratic and human rights standards. The security forces do not appear to operate under a coherent and well-principled policy for the use of force policy and there also seems to be lack of comprehensive protocol governing the treatment of protesters and the handling of public demonstrations.

“Overall responsibility for the numerous human rights violations in the Maldives over the course of the last six months must however, rest with the new Maldivian government who are ultimately responsible for the acts perpetrated by its security agencies. The government appears to have taken no concrete actions in order to stop the violence against the anti-government protesters nor has it distanced it from it.

“In a controversial move, the government has actually just recently allowed for the introduction of new types of non-lethal weapons, including the use of electroshock taser-guns and mace spray, for use by the Maldivian security forces,” the report observes.

The authors also criticize the Maldivian Human Rights Commission (HRCM), claiming that although the commission is “competent to look into complaints of human rights violations, in the Maldives, we are not entirely persuaded by their willingness and ability to condct sufficiently thorough investigations of the events that have occurred in the Maldives since the transfer of power.”

The authors recommend “fundamental democratic reform” of the Maldivian security forces, claiming that the two institutions were not immune from manipulation and exploitation by influential political actors. “Both institutions clearly suffer from a lack of basic understading of their proper role in a democracy,” the report stated.

In addition to Henrikson, Attorney-at law, LL.M., Rasmus Kieffer-Kristensen, and Asia-expert & Senior Policy Fellow Jonas Parello Plesner participated in authoring the report.

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Ports Workers Union accuse MPL of employee “rights violations” for political activism

The Maldives Ports Workers Union (MPWU) has accused the Maldives Ports Ltd (MPL) of violating employee rights, alleging the state-owned company has unfairly dismissed four employees due to their political activism.

In a letter on July 12 to MPL CEO Mahdi Imad, Chairperson of the MPWU Ibrahim Khaleel said: “Although the constitution guarantees freedom of expression and freedom of assembly, it is now common within MPL to stop employees from expressing certain political views, and violate the Employment Act by unfairly dismissing employees and transferring employees to different departments without prior warning or explanation of any offense committed.”

Speaking to Minivan News, Khaleel said the company mainly targeted employees who supported the ousted Maldivian Democratic Party (MDP).

“They send people with cameras to MDP protests to check which MPL employees take part in the protests,” Khaleel said. The MDP has taken to the streets for the 11th consecutive day demanding fresh polls, alleging President Mohamed Nasheed was ousted in a coup d’état on February 7.

In addition to the four employees who have been dismissed, 30 have been suspended and 10 have been transferred from their position at the Malé port to Thilafushi Island port, Khaleel said.

In his letter, Khaleel called on the MPL to “respect an employee’s right to exercise freedoms granted in the constitution and by participating in political activities in his or her free time” and asked the company to withdraw blocks on “social media including facebook, twitter and gmail.”

In response, Imad in a letter on July 16 accused the MPWU of dividing employees and promoting the interests of a certain political party and threatened to take action against the union.

“We have received reports that the union is attempting to divide employees and promote the interests of a certain political party. Hence, I order and advice you not to do so. If this happens in the future, we will have to take action against you,” he said.

Further, access to social-networking sites had been blocked because they “often propagate un-Islamic, sinful activities and propagate the interests of Jews,” Imad said.

Khaleel denied Imad’s allegations, stating that “When MDP was in power, we had a lot of difficulty in registering the union. The MPL management at the time wrote a letter to the Home Ministry requesting that they deny our registration. We are not a political organization, we work for employee rights.”

The MPWU has been contact with other ports workers unions in the region to discuss steps to take next, Khaleel said.

In May, porters working at MPL went on strike after the management confiscated their TV for “watching too much Raajje TV.” Government aligned parties have accused Rajje TV of being aligned with the MDP.

Minivan News also documented the suspension of seven staff at MPL in April. The company claims staff were suspended for violating “norms of good behavior” outlined in the code of conduct, but staff told Minivan News they had been suspended for taking part in MDP protests.

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