Parties to leaked “coup agreement” dismiss document’s authenticity

Read an English translation of the document

Download the original document in Dhivehi

Vice President of the Civil Alliance coalition of NGOs, Abdulla Mohamed, has claimed that a leaked document allegedly signed by all then-opposition political parties to commit to toppling former President Mohamed Nasheed’s government is not authentic, and that the signatures of party representatives are forged.

The document, apparently signed and sealed by the parties and the Civil Alliance, purports to be  blueprint of a plot to overthrow the government, forcing former President Nasheed to resign, and have the Supreme Court order him to remain away from politics for the rest of his life.

The document is dated December 29, 2011 and features the signatures and seals resembling those of the then-opposition parties Progressive Party of Maldives (PPM), religious conservative Adhaalath Party (AP), Dhivehi Qaumee Party (DQP), Jumhoree Party (JP), Dhivehi Rayythunge Party (DRP), People’s Alliance (PA) and the Civil Alliance.

The unauthenticated signatures appear to include those of PPM Vice President Umar Naseer, Islamic Minister Sheikh Shaheem Ali Saeed (on behalf of the AP), Leader of the DQP Dr Hassan Saeed, Leader of the JP Gasim Ibrahim, DRP Leader Ahmed Thasmeen Ali, and Deputy Speaker of Parliament Ahmed Nazim on behalf of the PA.

“This agreement, is an agreement agreed by friendly political groups, after having come to the belief that current President Mohamed Nasheed of Galolhu Kenereege should no longer be allowed to remain as the president of this country, to completely bar Nasheed from politics and to eradicate the existence of the Maldivian Democratic Party (MDP) who are being influenced by Christianity for the sake of the country’s future, for reasons that include: dishonoring the religion Islam and the laws of this country, openly promoting anti-Islamic mottos, refusing to enforce Islamic Sharia’, indulging in anti-Islamic activities, arbitrarily arresting political opponents, acting contempt of the courts of the law,” states the document’s introduction.

Abdulla Mohamed dismissed the document: “I swear by Allah, that I have never signed an agreement with any political parties both in my personal capacity and in my capacity as the Vice President of the Civil Alliance. Any agreement, had we made one, would have been live on television. I even have the minutes of meetings held with political parties and I will reveal them soon.”

Ahmed Thasmeen Ali, Gasim Ibrahim, Sheik Shaheem and Deputy Speaker Ahmed Nazim have all denied the validity of the document to local media.

“I helped Waheed out of the mess”: Ahmed Faiz

Former Deputy CEO of Maldives Ports Limited Ahmed Faiz – who recently defected to the MDP following his arrest for allegedly attempting to blackmail Supreme Court Justice Ali Hameed in a sex-tape scandal – told Minivan News that it would have been “really odd” for the parties to enter into such an agreement without his being a party to it.

Faiz did not dismiss the authenticity of the document, but suggested that GIP may have been deliberately sidelined from the agreement.

“When I looked into the document, one party was missing. President Mohamed Waheed Hassan’s party Gaumee Ithithaadh Party (GIP) is missing in the document. I was the one representing the party at those meetings aimed at toppling Nasheed,” said Faiz.

Faiz said he presumed that omitting the GIP from the agreement was possibly due to tensions between Waheed – who was then Vice President – and the group of opposition political parties.

“Their spirit was quite odd. They were talking during the meetings too. Firstly, they planned to oust both Nasheed and Waheed. They had grudges against Waheed after he gave a press conference as Vice President calling for the suspension of Chief Judge of the Criminal Court Abdulla Mohamed. However I talked to the opposition parties and persuaded them to exclude Waheed from the plan,” Faiz explained.

Faiz also implied that Waheed had little role during the initial stages of ousting of Nasheed’s government, and contended that a televised press conference and early morning meeting between Waheed and opposition parties a week prior to Nasheed’s ousting had just been “showing off”.

During the press conference, DRP Vice President Ibrahim Shareef “asked the Vice President to save this nation. I would like to call upon the security forces [to accept that] since the Vice President is a person elected by Maldivians, and should the President be incapacitated to perform his legal duties, the Vice President must assume the duties of the President.”

Waheed was not present at the press conference. Faiz told Minivan News, “When the idea of ousting Waheed and Nasheed began floating, I went onto VTV and invited Waheed to join the anti-government protest that had been going on against Nasheed. He got really upset and we both even had a falling out.”

‘Plot’ to oust Nasheed

According to the document, the plot to topple Nasheed’s government was to start on February 24, 2012 – 17 days earlier than the day Nasheed was toppled – following a nation-wide Islamic symposium.

It proposed that Nasheed’s presidency be ended within 24 hours from commencement of the symposium, after giving the president a five hour ultimatum to resign unconditionally.

In late January 2012, 22 days of continuous anti-government protests led by then opposition figures and religious scholars following the controversial detention of Chief Judge of the Criminal Court Abdulla Mohamed escalated into a mutiny by certain elements within the police and the military.

By midday of February 7, 2012, then-President Nasheed had exhausted all his options to establish a chain of command within the ranks of police and military, and was left trapped inside the Maldives National Defence Force (MNDF) barracks surrounded by rebelling police and military forces along with an angry mob of demonstrators, who had been armed by the rebelling security services.

Within a short span of time, the current Defence Minister Mohamed Nazim – who had been a civilian at the time – entered the military barracks and gave Nasheed an ultimatum to “resign or face the dire repercussions”. At the same time another group of demonstrators and rebelling security forces stormed and took control of the state broadcaster. Nasheed’s subsequent resignation at the President’s Office was aired on the swiftly re-branded Television Maldives.

Vice President Mohamed Waheed then ascended to power.

Mutiny and Vice President’s endorsement

The symposium, the document claimed, would escalate into a violent demonstration on the outskirts of Republic Square with three groups stationed at different locations.

Religious sheikhs affiliated with the movement would address the police barricading the area, and were to convince them that it was haram under Islam to obey the orders of President Nasheed in a bid to appeal for their support. Following the speeches of the religious sheikhs, politicians would take over the stage and then PPM Vice President Umar Naseer was to give the final speech.

By the end of his speech, a lieutenant colonel and a brigadier general from the MNDF would step aside from their duties and would appeal to the remaining military officers to disobey the orders of the president.

By this time, a platoon of Police’s Special Operations (SO) department would rebel against the police leadership and begin protests within Republic Square, creating a distraction that would allow more demonstrators to enter Republic Square and join the rebel police.

According to the document, by this time then Nasheed’s Defense Minister Tholhath Ibrahim Kaleyfaanu – who according to the document had pledged supported to the movement – would go on to order the MNDF to arrest the protesting police live on state broadcaster MNBC One.

Using this opportunity, the organizers of the movement, by using opposition-aligned TV station DhiTV, would propagate rumors across the country that MNDF had begun brutalising the protesting police and appeal the other police officers to join the protests to help their colleagues.

The document claimed that Nasheed’s Vice President Mohamed Waheed Hassan – the current president – had pledged his support for the movement and would take over the presidency as soon as the Supreme Court ruled that Nasheed had been incapacitated.

It also claimed that Waheed had agreed to form a national unity government with “friendly political groups”, and had agreed not to seek re-election at the conclusion of the presidential term.

Arrest of Nasheed and declaration of incapacity

By the time the demonstrations had escalated into a violent mob backed by police and military, the Special Protection Group (SPG) of the MNDF – tasked with protecting the president – would escort Nasheed to the presidential retreat of Aarah, in the name of giving him protection and security.

Shortly after Nasheed had been escorted to the island, an emergency court case would be filed at the Supreme Court requesting it to rule that Nasheed was incapable of remaining as the President, due to fear of violence and loss of the social harmony of the state as police and military were reluctant to follow his orders.

Then Vice President Mohamed Waheed Hassan would immediately take oath as the President as soon as the ruling was issued.  In an another ruling after Waheed assumed power, the Supreme Court would order the imprisonment of Nasheed and bar him from involvement in politics for the rest of his life.

According to the document, leader of the DQP and running mate of resort tycoon and JP Leader Gasim Ibrahim, Dr Hassan Saeed, and Deputy Speaker of Parliament Ahmed Nazim were lobbying the Supreme Court bench to get its support.

The document also alleged that the PPM has had agreed to have current Attorney General Aishath Azima Shukoor try to convince Chief Justice Ahmed Faiz Hussain to support the petition.

After intense negotiations, the document claimed, a green signal had been given to the movement that the Supreme Court would issue the orders as requested by them.

New government

The document claimed that shortly after Waheed Hassan assumed power, the cabinet of President Nasheed would immediately be dismissed and a new cabinet would consisting of 10 members would be appointed including PPM Vice President Umar Naseer as the Home Minister and Tholhath Ibrahim Kaleyfaanu reappointed as the Defense Minister.

Similarly, retired Colonel Mohamed Nazim was to be appointed as the Chief of Defence Force and Abdulla Riyaz appointed as the Commissioner of Police.

However, when the government of President Mohamed Waheed Hassan assumed power in February 7, 2012, the position of Home Minister was given to Dr Mohamed Jameel Ahmed and the Defense Minister position was given to retired Colonel Nazim. Brigadier General Ahmed Shiyam was appointed Chief of Defence Force while Abdulla Riyaz was appointed as the Commissioner of Police.

Dismantling and factionalising MDP

Following the change of government, the document claimed that it was highly important to divide, dismantle and factionalise the ruling Maldivian Democratic Party (MDP), in a bid to weaken opposition to government.

“It has been agreed among all friendly political groups, that it is very important to influence and overtake the control of the Maldivian Democratic Party (MDP) and the following actions have been commonly agreed to be carried out in order to dismantle the MDP’s leadership,” read the document.

The schemes to divide the MDP included backing then President of the Party, Dr Ibrahim Didi – whom the document described was politically weak and easily manipulated – while also supporting current Chairperson of MDP MP ‘Reeko’ Moosa Manik, whom the document described as susceptible to blackmailed and threats against his business interests.

The document noted that Vice President of MDP MP Alhan Fahmy was the second biggest threat in the MDP as he had the potential to reorganise it in the absence of Nasheed.

The document claimed that the movement would work on promoting Dr Didi as party’s official presidential candidate, financed by JP Leader Gasim Ibrahim.

In a bid to verify the authenticity of the document Minivan News tried contacting all parties mentioned in the document, but with the exception of Abdulla Mohamed from the Civil Alliance, no others were responding to calls at time of press.

Read an English translation of the document

Download the original document in Dhivehi

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JP, PPM warn of “disappearing ink pens”, Elections Commission suggests voters take own to polls

The Elections Commission has advised voters to take their own pens to the voting booth in the upcoming presidential elections, in response to concerns raised by government-aligned political parties over possible use of “disappearing-ink pens” while voting.

Government-aligned parties including the Progressive Party of Maldives (PPM) and the Jumhoree Party (JP) have expressed concern over the possible use of ‘disappearing-ink pens’ for voting which, the parties claimed, could alter the outcome of the elections.

Allegations concerning the use of disappearing ink have been made in several national elections around the world including the recent Presidential Elections of Zimbabwe. Others included the 2012 Egyptian Presidential Elections and the 2012 Ukrainian Parliamentary Elections.

Speaking to local media on Sunday, Chair of the Elections Commission Fuwad Thowfeek said that in order to avoid any problems during the elections, the commission advised all voters to take a pen that they trust and had confirmed to be working properly.

“A pen from the Elections Commission will be kept at the ballot station. It will be tied to the voting booth. But people could do anything with the pen. They may even change the ink inside the pen to a different color. And we may not be able to check the pen before each voter enters the booth or even if we check, we may not be able to notice such a thing,” Thowfeek explained.

He added that the Elections Commission would only be able to notice such a discrepancy when counting the votes, and observing an extraordinarily number of invalid ballots.

Thowfeek said the commission “will do whatever they can to avoid such a scenario”.

Speaking to Minivan News, Vice Chair of the Elections Commission Ahmed Fayaz said the commission will place pens that are properly checked and verified at each voting booth but conceded that there remained a possibility that tampered pens would be used.

“We will be doing our best to monitor the situation within our capability. As you know, it is impossible for an official to go and check the pen after a voter finishes voting. But we will be checking the pens used for voting every 30 minutes,” he said.

Fayaz also said that should the commission notice major election fraud through the use of such pens it could take legal action, but maintained that such a thing would be highly unlikely to happen.

“We will thoroughly be monitoring it so such a situation remains highly unlikely,” Fayaz assured.

Meanwhile in a press conference held on Saturday, PPM Spokesperson MP Ahmed Mahloof told the local media that a group of people had imported pens that had ink which would disappear within 45 minutes, meaning his/her vote would become invalid.

“People can do such a think [to use disappearing-ink pens] to create conflict or to influence the vote. For example, if a person takes such a pen and replaces it with the pen placed at the voting booth by the elections commission, then all those who go to vote after that person will use that pen and their votes will become invalid,” Mahloof said.

“Since the mark disappears within minutes, the ballot paper will be blank and thus deemed to be invalid,” he added.

Mahloof urged the election officials and police who are at the polling station to monitor the situation closely to avoid any conflicts.

“We also do not know who is behind this. But if some people plan this really well I believe they have the chance to manipulate the outcome of the election as they want,” Mahloof said, showing what he claimed was a disappearing ink pen to the press.

To ensure the validity of its voters, Mahloof said the PPM will report the matter to police while also filing an official complaint at the Elections Commission.

Resort tycoon and Presidential Candidate of JP Gasim Ibrahim followed Mahloof in warning his supporters, requesting them to be cautious about the pen they used for voting. During a JP rally held on Villimale, Gasim urged all his supporters not to accept any pens offered by strangers.

“This is something that happens everywhere in the world. It is being done around the world. We have even heard that a group of people are trying to do the same in the Maldives as well,” Gasim told his supporters.

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Supreme Court holds first hearing into case filed by PPM official against Elections Commission

The Supreme Court has held the first hearing into a case filed by Progressive Party of Maldives (PPM) Appeal Committee Member Ahmed Zaneen Adam against the Elections Commission, contesting its credibility ahead of the scheduled Presidential Elections.

On Monday, Zaneen filed a case at the Supreme Court requesting it order an audit of the commission’s IT systems through an independent IT auditor to “ensure they are credible”.

Presenting his case today (August 29), Zaheen claimed that he had filed the case as a “Public Interest Litigation” case based on three grounds.

The first point – founded upon two articles written on local newspaper Haveeru, one article titled “Elections Commission’s server under continuous attack” and the other titled “Haveeru’s web developers concerned over security of Election Commission’s IT system” – Zaneen claimed that it was necessary in a world where “powerful states are trying to control smaller states” to conduct an independent audit on the Elections Commission’s IT system for security breaches.

In his second point, the PPM Appeal Committee member contested that an extraordinarily huge amount of forms had been submitted to the Elections Commission when it had opened its voter re-registration.

Voter re-registration is required by law, should a person such who is voting in an island which he/she is not originally registered in such as a student from an island studying in Male and Maldivians residing abroad.

Zaneen claimed that the public was very concerned regarding the number of forms submitted for re-registration and pleaded the Supreme Court to order the Elections Commission to have the final voter list of all ballot boxes sealed and signed by all political party campaign agents, before being sent to polling stations.

On the third point, he requested the Supreme Court rule that the security services, the Maldives National Defence Force (MNDF) and the police have a legal mandate to oversee the election process and vote counting process to ensure that security is maintained throughout the process.

Responding to the case, Head of the Elections Commission’s legal team, former Attorney General Husnu Al Suood, contested that Zaneen’s case lacked any legal grounds and that he had filed a case requesting preventive measures from Supreme Court based on his personal concerns and doubts.

Suood further challenged that as Zaneen was not a candidate in the presidential elections, he did not have the legal capacity to file such a case and requested the court dismiss the matter.

Responding to the first and second points, Suood argued that Zaneen had not followed the due process in filing his concerns, claiming that the Elections Commission had set up the National Elections Complaints Bureau (NECB) to hear complaints and the law allowed an appeal to be filed at the High Court, should a person feels discontent about the bureau’s decision.

Suood also argued that the final voter list used by the Elections Commission was a physically printed list and that it had nothing to do with the data stored on the server of the elections commission, claiming that no online security breach could possibly influence the outcome of the vote.

He also said that the physical list was a verified and error-checked list that had the seal and signature of three members of the Elections Commission.

Responding to the third point, Suood claimed that under the constitution, the Elections Commission had sole authority to conduct and hold elections and would operate independently. The role of the security services, Suood contended, was to assist the Elections Commission throughout the election process.

The former Attorney General also claimed that a presidential election conducted under the watch of the military would not be seen by the democratic world as a free and fair election.

Summing up his response, Suood told the seven-member Supreme Court that it was not sensible to carry out a case filed against the Elections Commisson based on an individual’s personal perception and needlessly create doubt over the election’s credibility.

Meanwhile, the members of the opposition Maldivian Democratic Party (MDP)’s legal team – who had been able to intervene at the last minute – echoed similar sentiments to Suood, contending that should the Supreme Court issue an injunction based on a case filed on personal perception and doubt, it would destroy all constitutional and legal principles established in the constitution and law.

The MDP’s legal tea,m headed by former Solicitor General Ibrahim Riffath, added that it was saddening and deeply regrettable to see a case filed against the Elections Commission that did not have any written evidence to support itself, or even grounds of proof required in a civil case.

Riffath also contested that it was the constitutional duty of the Elections Commission, and not the security service, to enforce the law concerning elections and voting. He added that the constitution explicitly states that independence of independent institutions must be ensured at all times.

Today’s hearing – heard by the full seven member bench of the Supreme Court – was adjourned but the judges did not state when the next would be scheduled.

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Former president pledges to create ‘Fuvahmulah City’

Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has this week pledged to transform the island of Fuvahmulah into a city through the provision of 70 separate development projects.

Speaking during a campaign rally Monday (August 26), the former president said that a future MDP-led government would establish all the services required by a city in Fuvahmulah within five years time.

Geographically, Fuvahmulah is the only island located in Gnaviyani Atoll – the north of Addu City – making it the country’s only one-island atoll.

Nasheed added that, should the MDP win next month’s election, some 70 out of 137 development projects planned and budgeted by the party would be focused on developing Fuvahmulah.

The Nasheed administration completed a domestic airport on Fuvahmulah in October 2011. The construction of the airport took nearly three months, a record for such a facility in the Maldives.

The strip, which measures some 1,200 metres in length and 30 metres in width, saw its maiden flight land on October 31, 2011.

Shortly after inaugurating the airport, Progressive Party of Maldives (PPM) candidate Abdulla Mohamed Didi won the mid-Fuvahmulah atoll council seat, defeating MDP representative, Mohamed Abdulla Didi.

Nasheed has nonetheless pledged this week that his government would work to transform Fuvahmulah into a city.

“We will ensure that higher education facilities will be established and children of this island will no longer have to roam around the country to get higher education,” he said.

Nasheed also promised to develop a water and sewerage system in the island, as well as transforming the Fuvahmulah football ground into an international stadium and improving the island hospital.

“The results of these development projects are the establishment of the Fuvahmulah stadium, the facilitation of a sewerage system. For us, sport is not simply a game. For us, every ball that comes to our feet is a life changing decision. Every pass we make is an experience. Every free kick, every goal we score is a victory for us,” he added.

Speaking during his party’s MDP rally in Fuvahmulah, Nasheed said that his government would increase the national revenue to MVR72 billion (US$ 4.67 billion). Out of this total, he pledged to spend MVR 30 billion (US$ 2.07 billion) on 137 separate development projects, while MVR37 billion (US$ 2.39 billion) will be spent on the administrative running of the state.

He added that MVR16 billion (US$ 1.03 billion) from the sum would be allocated to the repayment of national debts.

In response to recent campaigning by rival parties, Nasheed said that focusing on his flaws would not do any anything for the development of Fuvahmulah.

“We are talking about the good things that need to happen to [Fuvahmulah]. It is a great pleasure to know that our rivals have slowly started taking up our language in these matters. That will be a real boost to the work we are doing,” he added.

Nasheed claimed that people had faith in the MDP’s election policy, on the basis that the MDP would not focus on vague promises, but rather a set of policies which had been costed and budgeted.

He suggested that with the presidential election a month away, the people of the Maldives had given thumbs-up to the MDP’s policies, implying that a first round election victory is just round the corner.

According to the Elections Commission (EC), the Presidential Elections is scheduled to take place on September 7, with an additional run-off election being held on September 27, should no candidate be able to secure the required 50 percent plus 1 share of the vote.

EC Statistics released from the commission have indicated that 239,008 people are entitled to cast their ballot with 31,008 new voters.

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JSC rejects no-confidence motion against Chair Adam Mohamed

The Judicial Service Commission (JSC) has decided to reject a proposed no-confidence motion against its Chair, Supreme Court Justice Adam Mohamed, filed by commission member Shuaib Abdul Rahman.

Rahman – the public’s nominee to the commission – told Minivan News last week that he had attempted to file the no-confidence motion against Adam Mohamed contending that he was responsible for the judicial watchdog‘s “state of limbo”.

Rahman further accused Mohamed of failing to back the JSC’s investigation of Supreme Court Justice Ali Hameed’s sex-tape scandal, and abusing power to release press statements on behalf of the commission.

Rahman alleged Adam Mohamed had deliberately refused to table the no-confidence motion against him during last week’s commission meeting.

“When I first filed the motion, the Secretary General of the Commission said he could only table the motion with a proper reason. Then I told him all the reasons as why the motion should be filed. But still Adam Mohamed refused to table the motion. Now he has unofficially said that he would table the motion on Monday,” Rahman said.

In a letter sent to Rahman by the JSC, signed by the Secretary General of the Commission, the JSC claimed that the Judicial Service Commission Act – JSC’s parent legislation – did not allow the filing of no-confidence motions against its Chair and Vice Chair.

Therefore, the proposition of a no-confidence motion is not allowed as per section 10 of the Judicial Service Commission Act, the letter claimed.

Following the dismissal of his motion, Rahman told local media today (August 26) that would file the matter with both the Anti Corruption Commission (ACC) and parliament’s Independent Institutions Oversight Committee.

Speaking to local media outlet CNM, Rahman claimed that a decision by the commission to reject his motion should only be decided by the majority of the commission members, and that Adam Mohamed did not have the discretionary power to dismiss the motion.

He also said that the section 17 of the same act required all members to refrain from conflict of interest, contending that Adam Mohamed could not dismiss the motion while it involved his own interests.

Therefore, Rahman contested that Adam Mohamed had misused his powers as the Chair of JSC which amounted to corrupt practice, falling within the ambit of the ACC.

“[Adam Mohamed] has acted like this every time. Cases that need to be given priority, including the case of recent statement issued by Supreme Court [regarding the appointment of the CSC member], have been withheld because he has an interest in it. That is something that the JSC should prioritise,” he told CNM.

The JSC has meanwhile refused to comment on the matter.

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MDP allege police investigations are campaign obstruction

Additional reporting by Ahmed Nazeer

The opposition Maldivian Democratic Party (MDP) has alleged that officials in the government were threatening senior party figures in a bid to obstruct the party’s presidential campaign, ahead of the upcoming presidential elections.

In a press statement released yesterday (August 25) on its website, the MDP alleged that recent police summons and prosecution of its senior figures – including parliamentary group members – were part of the government’s plan to obstruct campaigning.

The statement came shortly after former President Mohamed Nasheed’s former Special Envoy, Ibrahim Hussain Zaki, was summoned to police for questioning. Zaki’s passport has also been withheld by the authorities.

Last week, the prosecutor general filed charges against six people – including MDP MPs Hamid Abdul Ghafoor, Abdulla Jabir, and former Press Secretary Mohamed Zuhair – regarding their apprehension at Hondaidhoo island last November, allegedly in possession of alcohol.

Meanwhile, members of MDP MP Ali Waheed’s family – including his mother, father and wife – were summoned to police as part of an investigation into a corruption case concerning the buying of a house in Male.

“The MDP condemns the politicized police summons and prosecutions against during former Special Envoy Ibrahim Hussain Zaki, parliamentary group members Hamid Abdul Ghafoor and Abdulla Jabir, as the MDP’s campaign gathers pace ahead of the presidential elections,” read the MDP’s statement.

The party also alleged that the arrests on Hondaidhoo were politically motivated and were the government’s attempt to influence the now-shelved no-confidence motions filed against then Home Minister Mohamed Jameel Ahmed and Defense Minister Mohamed Nazim.

Despite the MDP’s claims, Chair of Elections Commission Fuwad Thowfeek told local media that the commission had received few complaints regarding attempts to obstruct campaigning.

Thowfeek said that the commission’s complaints bureau was addressing the complaints filed, and would take action if required.

“Complaints concerning attempts made to influence and obstruct campaigns are very low compared to previous elections. The complaints are very few,” Thowfeek told local newspaper Haveeru. “We expect this year’s election to be smoother compared to last elections. We are only getting very few complaints, even when the election is very close.”

Police investigations

On November 16, 2012, police arrested ten people during a ‘special’ operation on the island of Hondaidhoo in Haa Dhaal Atoll for the alleged possession and consumption of drugs and alcohol. During the raid Ghafoor, Jabir, Zaki, Zuhair, and his wife Mariyam Faiz were all brought under police custody.

Others arrested included Jadhulla Jaleel, Hamdan Zaki, two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana.

Police at the time said that they found large amounts of “suspected” drugs and alcohol after obtaining a court warrant to search the island. The arrests were made “based on information received by police intelligence,” police claimed.

Sub-Inspector Hassan Haneef was reported as saying that the suspects were arrested with alcohol and “hash oil”.

Haneef added that police officers at the time of arrest had requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki and the three foreign suspects complied with the request.

Last June, the police sent cases of seven individuals – including the two opposition MPs –to the Prosecutor General’s Office for prosecution. Meanwhile, the case regarding Zaki has yet to be submitted for prosecution as he left the country shortly after being released, only returning two weeks ago.

On February 20, 2013, police declared they were investigating a corruption case involving Ali Waheed in which his mother purchased land in Male’ for MVR 7.938 million (US$514,000) in October 2011.

At the time, Anti-Corruption Commission (ACC) President Hassan Luthfee confirmed the institution was also investigating a case concerning the Thoddoo MP.

“We have earlier received complaints regarding the MP taking bribes following his defection from the Dhivehi Rayyithunge Party (DRP) to the MDP. There were also claims that he utilised the money he received as bribes to buy a house. We are investigating the matter,” Luthfee said.

Contacted by Minivan News today, Ali Waheed said he had already commented on the matter through Twitter.

My wife was summoned to police tonight while I am on campaign @ GA. Abdulla Riyaz is mistaken. She is much stronger and better than me!

— Ali Waheed (@ali20waheed) August 25, 2013

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Transparency Maldives voices concerns over Supreme Court integrity

Transparency Maldives has raised questions over the integrity of the Supreme Court after a recent scuffle within the seven-member judges bench over the appointment of parliament’s choice to replace former Chair of Civil Service Commission (CSC) Mohamed Fahmy Hassan.

“Transparency Maldives calls upon the Supreme Court to maintain its actions in such a fashion that the court does not allow further diminishing of its integrity and to be transparent in its functioning and sharing of information to strengthen the public trust towards the institution,” read the statement.

The Supreme Court’s seven-member bench was split following the issuance of an injunction ordering the appointment of Dr Mohamed Latheef at the CSC. Chief Justice of Supreme Court Ahmed Faiz Hussain released a statement to media accusing his own court of issuing the injunction without the knowledge of himself and two other Supreme Court Justices (Ibrahim Areef and Muthasim Adnan).

The local NGO has released a statement claiming that the Supreme Court’s failure to make key documents public, such as the recent injunction, showed how much the apex court of the country disregarded the need for transparency in important matters.

Transparency in the functioning of an institution and respecting the right to information being a fundamental necessity in order to refrain from corruption and corrupt practices, said Transparency, pointing out that disregard for such necessities a negative impact on public confidence.

The Supreme Court, being the final authority to decide on all legal and constitutional matters of the state, was irresponsible to allow the public to question its integrity at a time when political polarization has taken its toll, said Transparency.

The NGO called on the court to release a copy of the injunction, and the statement made by the Chief Justice regarding the injunction, to public as it concerned the interests of the public.

Parliament and courts clash

The parliament and the Supreme Court came to loggerheads following Supreme Court’s decision to overrule the parliamentary deposition of then CSC Chair Fahmy.

In November last year parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

On 14 March 2013, the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

Earlier this August, the parliament disregarded a prior Supreme Court’s ruling when appointing Fathimath Reenee Abdul Sattar to replace Fahmy at the commission.

However, just minutes before the former Permanent Secretary to the Ministry of Defence was given the letter of appointment by President Mohamed Waheed Hassan to, the Supreme Court issued an injunction to halt the appointment contending that Fahmy had requested the Supreme Court to look into the matter.

According to local media reports, the court’s injunction stated that appointing a new member to the commission, when the court had already decided the dismissal had been in violation of the constitution, was itself unconstitutional.

Shortly after the Supreme Court Injunction, the chief justice then accused his own court of issuing an injunction without his knowledge.

Meanwhile, the Attorney General Azima Shukoor has reportedly advised President Waheed that he does not have any responsibility for determining members to the CSC.

Last week, Parliament appointed CSC member and former chair Dr Mohamed Latheef as the new chair of the commission. However, Fahmy has refused to step down and is still continuing to appear at the CSC meetings as the chair of the commission leading to further disputes.

Last Thursday, the new CSC Chair Dr Latheef sent a letter to the President asking him to find a solution to ongoing issues with Fahmy. Dr Latheef stated that Fahmy continued to come into work after his dismissal by the parliament, obstructing the running of the institution.

Latheef told the president that this issue affected both the civil servants themselves and the services being provided to the public. President Waheed responded last Friday stating that he would make a decision within the next three days regarding the issue.

“I have to seek the legal advice on the matter. This matter has become very complicated now,” President Waheed told local newspaper Haveeru on Friday.

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JSC Chair Adam Mohamed set to face no-confidence vote

Chair of the Judicial Service Commission (JSC) and Supreme Court Justice Adam Mohamed is set to face a no-confidence vote introduced by fellow commission member Shuaib Abdul Rahmaan.

Speaking to local newspaper Haveeru, Rahman said that he had filed the motion earlier this week but that the Commission Chair Adam Mohamed had refused to table it during last Wednesday’s commission meeting.

“When I first filed the motion, the Secretary General of the Commission said that he could only table the motion with a proper reason. Then I told him all the reasons why the motion should be filed. But still Adam Mohamed refused to table the motion. Now he has unofficially said that he would table the motion in coming Monday,” he said.

Even though the motion has yet to be officially introduced, Rahman said that some members of the commission had talked about how the commission was currently running.

Rahman claimed that the motion was filed because the entire commission is now in a state of limbo and that Commission Chair Adam Mohamed had been abusing his powers.

Among other reasons for the motion to be filed, Rahman claims included the JSC’s failure to look into the leaked sex-tape scandal of Supreme Court Justice Ali Hameed, and abusing the power to release press statements on behalf of the commission.

Rahman alleged that Adam Mohamed has also repeatedly requested the High Court to expedite the case concerning the legitimacy of Hulhumale Magistrate Court while other important cases concerning the commission were still pending at the courts.

“There are several other issues regarding Adam Mohamed. Even other members of the commission discuss these and have on some occasions said that a motion of no confidence against Adam Mohamed needs to be filed.  However none of those attempts materialised,” he said.

Rahman added that no member of the commission opposed the idea of filing a no-confidence motion against Adam Mohamed.

Rahman told Minivan News today (August 22) that he is trying to table the motion next Monday, but said that Adam Mohamed has been “very reluctant” to acquiesce.

When asked if he had discussed the matter with other commission members, Rahman said that he did not wish to comment on the outcome of the motion at the moment.

“Right now I am trying to table the motion. But I do not wish to talk about the outcome of the motion. But other members have expressed their concerns over how the commission is being run currently,” he repeated.

The JSC has meanwhile refused to comment on the matter.

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“Elections Commission unprepared” says former President Gayoom

Maldives former 30 year autocratic leader, Maumoon Abdul Gayoom has said that the Elections Commission (EC) has not prepared itself to the necessary standards to hold the presidential election scheduled for September 7.

Previously, Gayoom’s party Progressive Party of Maldives (PPM) has raised several concerns over the EC that include the involvement of Indian IT specialists handling its database, the wife of the Elections Commissioner Fuwad Thowfeek being an outspoken Maldivian Democratic Party (MDP) supporter, and “politicised tweets” by the commission’s Legal Director Haneefa Khalid.

In an interview given to Minivan News this week, Thowfeek revealed that the PPM had requested access to the commission’s IT section.

The PPM denied the accusation but did reiterate their concern over expat IT experts working in the commission.

“We are still quite uncertain and unsure why these people are here at this time,” said PPM MP Ahmed Nihan.

Thowfeek meanwhile told the local media this week that the commission’s internet server was continuously being attacked by hackers from both within the country and outside.

“Our server is continuously being attacked… For that reason, our IT team is continuously monitoring the server and blocking these attacks round the clock.  I assure that our data is still safe and protected. There are no imminent threats of a security breach,” Fuwad told Haveeru.

Gayoom – who was on his way to Gaaf Dhaal Atoll to campaign for PPM’s Presidential Candidate Abdulla Yameen – told the media shortly before departing on Wednesday that it was critical that the EC address the issues raised by political parties.

The former president elaborated that the stability of the country relied heavily upon the freedom and fairness of the upcoming presidential elections, and that therefore it was imperative for the EC to carry out its duties in an open and transparent manner.

“We are seeing problems within the framework they have established. Other parties have even noted that. We are not, by any means, saying that they are doing things wrong. But instead, we are saying that we don’t see the Elections Commission making necessary arrangements for the presidential elections in an adequate and proper way,” Gayoom said.

Gayoom, who faced defeat at the hands of Mohamed Nasheed –  now the opposition MDP’s Presidential Candidate – in the 2008 presidential elections,  said that despite the days leading up to the elections being few, there “is still time to make amends”.

Speaking about PPM’s Presidential Candidate Yameen – also Gayoom’s half brother – the former president said that he had high hopes that Yameen would secure an election victory from the first round without needing to go into a run-off election.

Should the party not be able to win the election in the first round, Gayoom expressed confidence that PPM would still secure the election victory with the support of political parties who would ally with the PPM.

“We want to win this election in a way that will benefit the whole country, even if it means forming a coalition with other political parties. We are a party that had previously worked with other parties,” Gayoom said.

Thowfeek today defended the commission against Gayoom’s claims, contending that the it was “fully prepared” to hold next month’s poll.

“If he had said this in 2008, yes, we may have not been very prepared. But I don’t think anyone has the chance to say that now. In 2008, the interim Elections Commission was formed and the Elections were held in the next month. But it is not the case now,” Thowfeek said.

Thowfeek also reiterated that the commission had successfully held the local council elections in 2010, which was far more complex than a presidential election.

“Unlike the local council elections, in a presidential election, only one common ballot paper is used throughout the country. In 2010, there were separate ballot papers for 19 atoll councils, 2 city councils, and for all island councils,” Thowfeek explained.

He also said that, like any other institution, the EC would also examine matters that could be reformed but assured that it had no serious concerns regarding the facilitation of September’s poll in a free and fair manner.

He added that the commission was addressing the issues raised by the PPM and said that it would hold a presentation session with all political parties regarding the IT system in use.

“With all the resources we have, I think we are doing exceptionally well. We will continue to address issues raised regarding the elections.”

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