Author: Zaheena Rasheed

15-day remand for scores of protesters

The criminal court has remanded scores of antigovernment protesters for 15 days as the opposition began a new effort to rally supporters following a crackdown on May Day’s protest.

According to lawyers, of the 194 arrested, only 19 were released, but only because the police had failed to present them at court within the 24-hour period required by law.

The numbers arrested yesterday are the largest from a single protest in ten years.

Adhaalath Party president Sheikh Imran Abdulla, Jumhooree Party deputy leader Ameen Ibrahim and Maldivian Democratic Party (MDP) chairperson Ali Waheed were also detained for 15 days.

The three were arrested under court warrants late last night.

One man was sentenced to six months in jail for contempt of court when he accused a judge of corruption. Anil Mufeed of Addu City reportedly told a judge: “Thank you for the reload.”

Court reporters said a judge asked the 19 who were released: “Were you arrested while you were prostrating before god?”

Former MDP MP Ahmed Easa was limping when he was escorted inside the court building.

The roads leading to the criminal court were closed for most of the day for the remand hearings causing traffic jams in the area.

Tens of thousands had taken to the streets yesterday over the jailing of ex president Mohamed Nasheed and increased authoritarianism by the government.

Opposition leaders had said they would force President Abdulla Yameen to release jailed leaders and start negotiations.

The march was peaceful, but clashes erupted between protesters and police at dusk when thousands attempted to enter the city’s main square. Police used stun grenades, thunder flashes, tear gas and pepper spray to control the crowds.

Hundreds were injured in the crackdown and two police officers were severely beaten by protesters.

The government has labeled the protest a failure and held a fireworks display tonight in celebration. The ruling party has also threatened to dismiss any government employee who took part in the protest.

The opposition meanwhile held a rally at the Artificial Beach at 9pm tonight, where leaders encouraged the crowd of just over a thousand people to continue to have faith.

The mood was somber as police prevented the protesters from leaving the Artificial Beach area on a march. They also ordered protesters to go home by 12am.

Speaking to supporters, MDP MP Imthiyaz Fahmy noted growing international pressure on the government to release Nasheed and said the Maldives could not afford to be a pariah state.

“The government wants to govern like North Korea. But this is not possible. Keep faith. Don’t lose your determination. This is why we remain steadfast in fighting for our rights,” he said.

Former environment minister Mohamed Aslam said: “We must resolve to protest in Malé again, to gather numbers larger than May 1.”

Independent MP Ahmed Mahloof said freedom and democracy came through long struggles and said the opposition will remain steadfast.

“You cannot drown out our voices. We will keep going forward,” he warned the government.

Adhaalath Party, JP and MDP leaders attended the rally. The crowd called for the release of protesters and jailed opposition leaders.

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Maldives democracy under threat, says John Kerry

Condemning the imprisonment of former president Mohamed Nasheed, the US Secretary of State John Kerry said democracy is under threat in the Maldives.

“We’ve seen even now how regrettably there are troubling signs that democracy is under threat in the Maldives where the former president Nasheed has been imprisoned without due process,” Kerry told the press in Sri Lanka today.

“This is an injustice that needs to be addressed soon.”

Kerry’s remarks come after nearly 200 protesters were arrested during clashes on Friday after a historic antigovernment protest over Nasheed’s imprisonment.

Nasheed’s wife Laila Ali had met with Kerry in Washington DC shortly before his visit to Sri Lanka.

Laila and Nasheed’s international legal team on Thursday lodged a petition with the UN’s working group on arbitrary detention requesting a judgment declaring the opposition leader’s detention illegal and arbitrary.

The UN human rights office yesterday said Nasheed’s trial was “vastly unfair, arbitrary and disproportionate.”

Briefing the press in Geneva, Mona Rishmawi, the head of the rule of law, equality and non-discrimination branch, said Nasheed’s 19-day trial was politically motivated and was reached by judges wielding “incredible discretionary powers.”

Meanwhile, the European parliament passed a resolution on Thursday urging the government to release Nasheed immediately.

However, the government remains defiant, with the foreign minister saying President Abdulla Yameen’s government will not comply with demands from foreign governments to “meddle” in judicial affairs and release a convict.

In an interview with state broadcaster TVM, Dunya Maumoon said the Maldives would become “enslaved” and lose its independence if the government accepted such demands.

Foreign government do not wish well for the Maldives, she continued and called on the public to protect the country’s institutions, independence and sovereignty.

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Government celebrates ‘protest failure’ with fireworks

The government held a firework display in Malé tonight after declaring the opposition’s mass antigovernment protest a failure.

Tens of thousands of people took to the streets yesterday over the jailing of ex-president Mohamed Nasheed, but police cracked down on protesters when they attempted to enter the city’s main square and dispersed the protest.

Hundreds including opposition leaders were arrested and injured in the crackdown, and two police officers suffered serious injuries in the clashes.

Announcing the fireworks event at a press conference this afternoon, MPs of the ruling Progressive Party of the Maldives (PPM) labeled the protest a coup attempt.

“A president is elected for five years. It’s very clear how [the state] must act towards those who come out to oust the government before that. Those people are attempting a coup. That is an unlawful protest,” MP Riyaz Rasheed said.

“You cannot change a government without us. I’m saying very clearly that cannot be done. The people with those capabilities are with the PPM,” he added.

The PPM in alliance with the Adhaalath Party and the Jumhooree Party (JP) had led a campaign in 2012 to oust former president Nasheed. He resigned on February 7, 2012, after a police and military mutiny.

Accusing President Abdulla Yameen of authoritarianism, the Adhaalath Party and the JP split from the ruling coalition in March and February, respectively, and allied with Nasheed’s Maldivian Democratic Party (MDP).

“The protest failed, Imran went to jail and President Yameen will go forward with the nation,” MP Abdul Raheem Abdulla said.

Adhaalath president Sheikh Imran Abdulla, MDP chairperson Ali Waheed and JP deputy leader Ameen Ibrahim were arrested in a late night crackdown last night.

PPM parliamentary group leader Ahmed Nihan dismissed the opposition’s claims that 35,000 people had taken to the streets. He said only 13,000 had come out, but only to celebrate labor day and take selfies.

He described the protesters as unemployed young people who continue to depend on their parents for money to buy a cup of coffee.

“The 60 percent of people there do not support any political ideology, but since its May Day, labor day, they powdered their faces and came out to take photos for social media,” he said.

Many families are calling ruling party MPs requesting the release of family members who were arrested at protests, but “there is nothing we can do,” Nihan said.

Nihan says the government must dismiss civil servants and employees of state owned companies who were encouraging violence against police on social media.

“The parliamentary group requests the government to identify these people and give them notice as soon as possible and dismiss them. Open up opportunities for the young people who do not participate in such acts,” he said.

Praising the police for breaking up the protest, Nihan said the PPM parliamentary group will consider increasing financial and human resources for the police force.

MP Riyaz meanwhile warned the opposition the government stands ready to confront protesters: “we will not hide when they come out to beat us. We will hit back if we are beaten. We will not step back.

“This parliamentary group will do everything necessary to defend the government. We have a majority in all committees. We are telling the security forces and the independent commissions, you must carry out your responsibilities. Otherwise, the Majlis will take the required action,” he said.

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EU calls on Maldives government to free ex president immediately

The EU parliament today passed a resolution urging the Maldives to free ex president Mohamed Nasheed and calling on member states to issue warnings on the Maldives’ human rights record on their travel advice websites.

Nasheed was convicted of terrorism and sentenced to a 13 year jail term in a trial that sparked international outrage over lack of due process.

MEPs insisted that Nasheed should be immediately released, noting that the “controversial trial failed to meet national and international standards of justice.”

The EU parliament said it was gravely concerned about increasing tendencies towards authoritarian rule, noting a crackdown on political opponents including the imprisonment of former defence ministers and a ruling party MP, as well as the intimidation of media and civil society and the politicization of the judiciary.

The resolution, which comes ahead of a mass antigovernment protest tomorrow, encouraged “all actors in the Maldives to work together constructively in all areas,” and said the government must immediately end political interference in the judiciary, end all forms of violence including that against peaceful protesters.

MEPs urged a proper investigation into the disappearance of Minivan News journalist Ahmed Rilwan, who has been missing since August last year, the resolution said.

They also condemned the reintroduction of the death penalty.

The resolution did not call for an asset freeze or a travel ban on government officials, as proposed by the conservative group of MEPs.

Hours before the resolution’s passing, state minister Mohamed Hussain Shareef, said the resolution did not concern the government, noting it is non-binding on member states.

He said the stronger provisions for a travel advisory and punitive measures had been removed from the final document.

State minister for tourism Hussain Lirar meanwhile said the government does not foresee adverse impacts on Maldives tourism from the resolution.

“The resolution carries no legal weight. Members states will only issue advisories if their national parliaments approve it,” he claimed.

Europeans make up nearly half of the tourist arrivals in the Maldives, and a strong travel warning could have devastating impact on the country’s economy, which is largely dependent on revenue from tourism.

A tourism industry insider, who wished to remain anonymous, also said: “as long as there are no punitive measures, it may not have impacts on business. But this does increase consumer awareness. A more ethical tourist may choose not to come to the Maldives now. But tour operators will continue selling holidays here.”

Calls for a selective tourism boycott has been growing internationally following Nasheed’s arrest, with Richard Branson of the Virgin group saying he will no longer holiday in the Maldives.

A group called Ethical Maldives, which calls on tourists to avoid resorts owned by businessmen who support the ruling party, is also gaining international media attention.

Opposition politicians were not responding at the time of going to press.

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US shines spotlight on missing Maldives journalist

The US state department has highlighted the unresolved disappearance of Minivan News journalist Ahmed Rilwan in a campaign ahead of international press freedom day on May 3.

Acting spokesperson Marie Harf called on the Maldives to “credibly investigate the disappearance” during a press briefing in Washington DC on Wednesday.

Rilwan is believed to have been abducted at knifepoint outside his apartment building in a Malé suburb in the early morning of August 8. The 28-year-old reporter wrote on politics, criminal gangs and Islamic extremism.

Rilwan had received clear threats to his life in the weeks prior to his disappearance, and an investigative report by a local human rights group has implicated radicalised gangs in the abduction.

Harf called on the government “to take the steps necessary to create space for independent journalists to work without fear of violence or harassment, including ending impunity for attacks and intimidation against journalists.”

Police investigations has been slow despite nine months passing since the disappearance was reported.

In a statement last week, the police said they are continuing with the investigation, and have received some forensic analysis reports of samples from three different cars that may have been used in the abduction.

“The investigative team is now reviewing how we may continue with the investigation based on the results of some of the forensic analysis reports,” the April 23 statement said.

In October last year, the police arrested five individuals over the disappearance, but all have been released. Local media reported that several suspects left the Maldives in January, ostensibly for the war effort in Syria.

Home minister Umar Naseer has also acknowledged the involvement of gangs in Rilwan’s disappearance.

His family has accused the police of negligence, saying officers failed to stop and search the car used in the abduction, despite eye witnesses having filed a report with the police immediately after observing the abduction.

Police officers had reportedly confiscated a knife from the scene.

Maldives journalists have repeatedly raised concerns over death threats to the press by Malé’s criminal gangs, but the police have failed to take substantive action against threats.

In March, local media cited a blog and reported that Rilwan had died fighting against the Islamic State in Kurdistan. However, the police said the blog was fake.

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Ex-president kept in ‘inhumane prison conditions’

Former president Mohamed Nasheed’s lawyer say he is being kept in an isolated and filthy cell at a maximum security prison, but the home ministry maintains Nasheed is treated as a VIP and given special comforts.

Following a visit with the opposition leader at Maafushi Island jail on Tuesday, lawyers said the ex-president’s cell is adjacent to the prison garbage dump and is infested with flies and mosquitoes.

Nasheed, who is serving a 13-year sentence on terrorism, is forbidden from exercising, while the food is “barely edible.”

“The cell is situated far from the main prison and other inmates –nobody would be able to hear President Nasheed should he call out for help,” lawyers said.

Nasheed’s family and the main opposition Maldivian Democratic Party have repeatedly expressed concern over alleged plots by the government to assassinate the opposition leader. But the government has dismissed the allegations as slanderous and baseless.

Meanwhile, Nasheed’s international legal counsel Jared Genser described the conditions in which Nasheed is held as “cruel, inhumane and degrading treatment” in violation of international anti-torture laws.

President Abdulla Yameen and home minister Umar Naseer may be “held legally responsible for the use of torture – we will take all necessary measures to hold the government to account for this treatment,” he added.

Nasheed was transferred to Maafushi Jail, on an island three hours from the capital, last week from a minimum security prison. Lawyers alleged security officers threatened to use force against Nasheed when he asked for time to pack before the transfer.

Speaking to Minivan News, a home ministry official said Nasheed “is afforded benefits no other prisoner receives.”

The opposition leader is allowed to see seven members of his family for two hours every week and he is given a ten minute phone call with his family for ten minutes every week, spokesperson Thazmeel Abdul Samad said.

Other prisoners are only afforded one family visit a month and one phone call a month.

Nasheed is given a menu to choose mildly-spiced meals and include fruits on the doctor’s advice. The special apartment has a flatscreen TV, a refrigerator, he continued.

The former president is allowed to read books sent by his family, and there are always a team of security guards within eyesight if he needs any help, said Thazmeel.

Nasheed’s arrest has sparked international outrage, with the European Union parliament today passing a resolution urging the government to release the former president immediately.

The resolution also calls on European countries to warn tourists on Maldives’ human rights record on their travel advice websites.

The opposition is meanwhile planning a 25,000 strong march in Malé tomorrow over Nasheed’s jailing and ex-defence minister Mohamed Nazim’s imprisonment.

The government has labeled the rally as an attempt to overthrow President Abdulla Yameen, but opposition coalition insists the demonstration will be peaceful.

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European parliament to vote on travel advisory for Maldives

Parliamentarians of the European Union have expressed concern over the imprisonment of former president Mohamed Nasheed and will vote on a travel advisory for the Maldives on Thursday in Strasbourg, France.

Europeans make up nearly half of the tourist arrivals in the Maldives, and a travel advisory may have a devastating impact on the country’s economy as it depends largely on revenue from tourism.

Nasheed’s 13-year jail term on terrorism charges in a rushed trial last month sparked international outrage over lack of due process. The charges relate to the detention of a judge during his tenure.

The seven parliamentary groups in the EU parliament have each submitted a motion for a resolution, all of which noted a lurch towards authoritarianism in the Maldives.

In addition to the imprisonment of opposition politicians, MEPs also raised concern over growing radicalization, a crackdown on the freedom of speech, press and assembly, deteriorating conditions for migrant workers, slow judicial reform and the reinstatement of the death penalty.

At Wednesday’s debate, UK MEP Charles Tannock said human rights were deteriorating in the Maldives at an “alarming rate” and urged the Maldives to “unconditionally release former president Nasheed, and take the necessary steps to reform the judiciary in order to restore confidence in the rule of law.”

Tannock said the resolution by the conservative MEPs calls “for warnings to be given to EU tourists visiting the Indian Ocean tourist destination,” and said he hoped the Maldives as a commonwealth country could be brought back from the brink.

The resolution also calls on the EU to freeze the assets abroad of Maldivian government officials if democratic gains backslide further.

Netherlands MEP Marietje Schaake said Nasheed’s charges were politically motivated and expressed concern over the disappearance of Minivan News journalist Ahmed Rilwan in August last year.

Rise of Islamic radicalization in the Maldives and recruitment for the Islamic State is “very troubling,” she continued, and said the liberal MEPs also support a travel warning for tourists on the “possible risk of instability.”

UK’s Richard Howitt, MEP of the alliance for socialists and democrats, called for “European tourist advice to be explicitly used to apply pressure for change.

“The Maldives may be small dots in a large ocean, but we will not stand by when its democracy and respect for human rights is disappearing beneath the waves.”

The vote comes ahead of a major antigovernment protest on Friday.

The opposition has vowed to hold a 25,000 strong march in the capital Malé, but police have threatened a crackdown saying they’ve received reports protesters are planning to attack the security forces and residences of government officials.

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President calls on army to defend government as international pressure increases

President Abdulla Yameen has urged the armed forces to defend his administration claiming international pressure is undermining the Maldives’ sovereignty and weakening the rule of law.

Speaking at a ceremony to mark the 123rd anniversary of the military on Monday, the president said: “I do not believe my government must seek permission from the international community in enforcing a court’s verdict. Maldivians will protect our interests. In protecting Maldivian citizens, remind yourselves of the the oath you’ve taken.”

President Yameen’s remarks come amidst a political crisis triggered by the arrest and the imprisonment of ex president Mohamed Nasheed and ex defence minister Mohamed Nazim.

The opposition has called for a 25,000 strong march in the capital Malé on Friday after the government shunned calls for negotiation.

President Yameen said the Maldives is facing foreign pressure, but said the military must not allow foreigners to collude with local parties to obstruct a lawfully elected government.

“As long as there is a lawful government, and as long as that government acts within the law and enforces the law, Maldivian soldiers must remain steadfast to their vows, to defend and maintain that lawful government. Otherwise, there is no dignity, honor or Allah’s blessings for Maldivian soldiers.”

The Maldives National Defence Forces (MNDF) must follow the military ideology of the US president Barack Obama, he continued, claiming Obama in a speech to the American armed forces had said he will respect the international community’s opinion, but will not seek it’s permission in saving American lives abroad.

The Maldives is a small state, but the international community must afford the Maldives the same rights as larger, more power countries, president Yameen said.

“If we are treated as second class, there is no use in us being part of international bodies. This is what my government believes.”

He said larger states did not allow foreign governments to meddle in domestic affairs. “No foreign country – as long as we do not breach international conventions – can come and tell us that kidnapping and holding hostage do not amount to terrorism in their view, and that this cannot be written in our laws.

“They cannot dictate this to our government. [They] cannot tell our government that since the Maldives is part of the international community, we must allow freedom of religion as allowed by foreign philosophies.”

Nasheed was convicted of terrorism over the military detention of a judge during his tenure. The rushed trial was criticized widely by foreign governments, international rights organizations and the UN for lack of due process.

President Yameen blamed Maldivian “enemies of the state” for foreign interference.

Powerful countries “will pressure us, and through various bodies, international organizations, they will attempt to obstruct us. On whose invitation does this happen? That of Maldivians like us, these acts are to heed their invitations,” he said.

Calls for foreign intervention are “dangerous” and encouraged disorder, but the military must stand ready to defend the state, he continued.

The international community cannot “come and see if the change of government was lawful here” or “if ballot boxes were counted right,” he added.

President Yameen described the Maldives’ sovereignty as scared, and claimed previous governments had allowed for foreign interference in domestic affairs. But the Maldives must now “unlearn” such acts, he said.

He pledged to uphold the “Maldivian laws, traditions, and enforce our court verdicts,” and said his government’s first priority is to maintain stability.

Defence Minister Moosa Ali Jaleel meanwhile said he will not “abandon” the president, while chief of defence forces Major General Ahmed Shiyam said there were attempts to “destroy” the army and said soldiers must be strong enough to counter such forces.

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Maldives considered GMR buyout, but lacked funds

The Maldivian government considered buying out the 2010 airport development contract from India’s GMR, but lacking the necessary funds declared the agreement invalid, Minivan News can exclusively reveal.

The Maldives is now facing a payout to GMR, potentially as high as US$803 million or over half of the state budget, after a Singaporean tribunal last year ruled that the agreement was valid and binding.

The government, however, expects the compensation claim to amount to US$300 million. The exact figure is yet to be determined by the tribunal.

Testimony by cabinet ministers and airport company officials – in a separate arbitration between the government and an Indian bank over the airport deal – show that ex-president Dr Mohamed Waheed Hassan asked his cabinet to estimate the sum required to buy out the concession agreement from GMR.

Minivan News has obtained the opening submissions by the government and the Axis Bank made in February and March, respectively.

According to the submissions, then-minister of youth and sports, Mohamed ‘Mundhu’ Hussain Shareef, said the cabinet did not “have the necessary information to make a reliable calculation, but the potential figures were intimidating … As it was the country would have had difficulty paying even US$200 million.”

Former defence minister Mohamed Nazim said what the cabinet “did establish was that it was almost certainly more than either MACL [the Maldives Airports Company Pvt. Ltd] or the government was in a position to pay.”

The inability to buy out GMR led to a political impasse, Shareef said.

At the time, the Adhaalath Party had issued a six-day ultimatum to the government to nationalise the airport.

The religious conservative party in alliance with the Progressive Party of the Maldives, the Jumhooree Party and a coalition of NGOs had played a key role in ousting former President Nasheed and bringing his deputy Dr Waheed to power.

Shareef said the coalition’s opposition to the concession agreement was one of the main reasons behind Waheed assuming the presidency.

The emergence of the void ab intio or invalid from the outset argument was a way out from the political impasse, he said.

Ibrahim Mahfooz, a director at the state-owned MACL at the time, said president Waheed had also asked the company for an estimate of the sum required to buyout GMR, but said it was clear to the company’s board that the sum would exceed what they or the government could immediately afford.

If president Waheed has asked the company to buy out GMR, “I expect that we would have asked for time to attempt to borrow the money and if President Waheed had insisted on our acting immediately, I expect that some of us would have resigned, forcing President Waheed to appoint new board members who were willing to comply,” Mahfooz said.

At a cabinet meeting on November 27, 2012, ministers unanimously agreed to terminate the deal with GMR.

“This entire agreement has to be brought to an end, as it is believed by everyone that the agreement is invalid and cannot be continued legally,” Dr Waheed said, according to cabinet meeting minutes submitted to the tribunal.

Then-vice president Mohamed Waheedudeen said: “This cabinet represents a lot of political parties. Amongst them, almost everyone does not want to renegotiate this agreement, and wants to terminate this agreement.

“The decision taken today will be for national independence; this country’s existence as nation in the future and making it possible for the coming generations to inherit this nation. And for these reasons the agreement should be terminated.”

The government’s takeover of the airport led to a cooling of relations between India and the Maldives, with India imposing visa restrictions on Maldivians seeking medical treatment in India and ceasing the export of some construction materials.

In the submissions obtained by Minivan News, the Maldives said GMR and Axis Bank had successfully lobbied India for the sanctions.

The restrictions were only lifted after President Abdulla Yameen assumed power in November 2013.

The Axis Bank is seeking repayment of the US$160 million loan as well as an additional US$10 million as interest and fines from the Maldivian government. The bank contends that state is liable for the loan in the event of an early termination or an expropriation of the airport.

The government first argued that declaring the concession agreement void ab initio did not amount to an early termination.

Following the verdict in the GMR tribunal, which said the government had repudiated or refused to honour the terms of the agreement, the government claimed a repudiation did not amount to an early termination.

The Axis Bank, however, says the GMR arbitration ruling is not applicable in its case, arguing that the bank is not bound by the ruling issued in a separate, private and confidential arbitration.

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