Category: Politics

President Waheed’s hand “almost impossible to play”: Mike Mason

Former Energy Advisor to President Nasheed Mike Mason has published an open reply to President Mohamed Waheed, following a letter Waheed sent to key international supporters of Nasheed seeking to justify his decisions and establish the legitimacy of his leadership. Mason, a former mining engineer and expert on renewable energy, carbon finance and offsetting, was the architect of a US$3 billion renewable energy investment scheme cut short by the events of February 7. Mason subsequently resigned. This letter first appeared on his blog.

Dear President Waheed,

Thank you for your letter setting out the position as you see it. Let me in turn set out my stall, before replying to the substance of what you say.

As you know, you and I have always had a cordial, even friendly relationship. I have always thought you a reputable and straightforward person and continue to believe in your personal integrity.

It is also the case that I am not Nasheed’s man. I have tremendous respect for him as a democrat, and a man of high principle and great vision, but I have disagreed with him very strongly on issues in the past, and believe he made many mistakes in his Presidency. That said, I suspect my assessment is fairly unreliable as I am sure he had pressures on him, as I am sure you have on you, which were invisible to the outside world.

I hope therefore what I say can be taken as offering you a helpful perspective from an outsider who came to like the Maldives and its people very much, and who made many friends there in the short time I was involved. The information I have about events in the Maldives, therefore, comes not only from the ‘Nasheed camp’ but from a range of sources with quite different perspectives.

Now to the substance of this response.

I have no reason to question that part of your letter which sets out the extent to which you personally were, and continue, to be committed to the Maldives, and democracy – or to the extent to which you put yourself and family at risk to support Nasheed. However I fear that your personal views and beliefs are not the driving issues here. It is the perception, not the reality, which matters more.

The key issues, I believe, are:

  1. The Commission of National Inquiry (CoNI) was set up in the hope of setting the record surrounding your accession to power straight, and dismissing the smell of coup and corruption. Unfortunately it failed to do this.Two reasons come to mind: firstly the choice of Judge Selvam does not seem to have been designed to allay concerns about bias. The Burma/Singapore/Maldives/Oil/Heroin rumours and the Judge’s close connections to the ruling elite in Singapore make anything he does look suspect – especially when the former chairman of the STO is quoted in ‘The Week’ as allegedly saying he has friends in Singapore who would have told him if the police were investigating. Whatever the truth, and I cannot judge that, choosing Judge Selvam was guaranteed to create more dissent than agreement. Secondly, the rumours I have heard about the pressures that led to Saeed resigning from the CoNI will not make it easy to see the report as unbiased and complete – even if the substance of the content is correct and the rumours are false.
  2. The second issue is the perception that the courts and judiciary in the Maldives are corrupt and incompetent, and politically tied to their old masters. Judge Abdullah is, I fear, widely seen as a travesty of a chief justice, and if he represents the rest it is not surprising many have lost faith in the system.

Thus the circumstances of the transfer of power as seen on numerous videos, coupled with the handling of the CoNI and the actions of the judiciary, means that I fear there is no way you will ever remove the taint of corruption and coup from this government – however clean, honest and transparent you personally may be. Unfortunately that’s life – perception counts more than reality – whatever the reality is. There is, I believe, almost nothing that you can do as President to heal the country’s ills however hard you try, or however good you are.

Note though that I said “Almost Nothing”. There is, in my humble opinion, one way out of this which would set you up as a President to be remembered – whether or not you win the next election, and it is this.

It is quite clear that, in any future election, the MDP have to be free to campaign as they wish. It is also clear that Nasheed MUST be free to campaign also. Only if he loses a genuine, free and fair, election in which he was openly given every facility to campaign, will the world (and I dare say many Maldivians) put the doubts about the 7th Feb behind them. Indicting him in a court whose authority is being challenged will simply make things worse.

It is also clear that a real leader must recognise publicly the issues surrounding the judiciary, and I suspect some fundamental issues of a faulty constitution and legal system.

A secondary, related issue, is the wide perception that drugs and gross corruption are in some way related to politics in dark corners. Is it coincidence that Burma is a major heroin producer? It will take a brave man to sweep out the taint of past corruption which runs a real risk of becoming a current problem, and even fatally tainting the next election.

Now to something I do really know about – money, oil and energy. The Maldives runs the risk of becoming bankrupted by its oil use – at the very least its economic development will be curtailed and people will eventually become poorer. The solutions are there and both affordable and financeable – or rather they were. You will never attract the level of finance needed to wean your society off expensive oil unless you have an environment where contract law is sacrosanct, the threat of nationalisation is removed, and you have transparent and predictable government and structures. Even the talk of nationalising the airport will set the country’s investment plans back decades.

In summary – I think you have an almost impossible hand to play. There are some cards you can play – but I fear that your advisors and political colleagues may hold you back from the rather brave decisions needed to play them. Play them, though, and the world will sit up and notice.

I wish you all the best,

Your friend,

Mike Mason

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Maldives sacks Human Rights Minister, “now under military dictatorship” says ruling coalition MP

Jumhoree Party (JP) Deputy Leader and MP Abdulla Jabir has challenged the legitimacy of President Mohamed Waheed Hassan and his current government, alleging the country is now run by the police and military.

His wife Dhiyana Saeed, President Waheed’s Minister for Gender and Human Rights, was subsequently sacked.

At a press conference regarding the police raid of  arrests of himself, Maldivian Democratic Party (MDP)’s MP Hamid Abdul Ghafoor, former President’s Special Envoy Ibrahim Hussain Zaki and other persons on charges of consuming alcohol, Jabir strongly criticized Waheed and the current government.

“They were so violent at first I thought they were some pirates or terrorists, they didn’t have badges or identification. Only after hours of brutality did they claim to be police and tell us we were arrested under charges of drug abuse,” Jabir said.

“I kept asking why theywere  acting in such a violent manner, but no one provided a reply.”

He said that they had been handcuffed for close to 12 hours before they had been transferred to the Kulhudhuhfushi court.

Jabir, who had refused to provide urine samples to the police, explained his stand: “I repeated this to the judge too. I said I’m ready to give urine, or even shave off all the hair on my head and give it to them, or even blood,but that they had to follow laws and procedures when making arrests.”

The MP in the ruling coalition party further alleged that “some persons” in the executive had lately been finding it “hard to digest statements in Majlis which were made in the public interest” and had resorted to tactics such as phone tapping. He also said that since military vehicles were involved, it was “reason enough” to believe that Minister of Defence and National Security Mohamed Nazim were complicit.

Jabir said he had made a phone call to the Minister of Home Affairs Dr Mohamed Jameel right after he was released by the court.

“The Home Minister, Dr Jameel, said he had no knowledge [of the arrests]. So I have to say now that this country does not even have a home minister.”

“I am a JP MP who has supported Waheed and voted with his interests in parliament. I am also a deputy leader of JP, which is a coalition member of this government. Why did they then beat us up like this?” Jabir continued.

“Zaki nearly died. I almost died, too. I must say now the government is trying to kill off MPs.”

Speaking of the ministers, Jabir said: “No one has yet submitted a case on their cabinet posts to the courts, and the courts have not decided whether they are in their posts legitimately.”

“Even though the CNI said that this is not a coup, under what law does that CNI even qualify as a legal court?” Jabir said, questioning the legitimacy of the government – of which his own party is a coalition member.

“I see no reason why the President does not have to take the responsibility for this. That is, if there is a president. I now question whether there even is a president here. I guess the courts will provide us with an answer to that,” Jabir stated.

“I was giving Waheed my full support. But now I have been brutally beaten up for no reason at all. How can I support him after this? I can only describe the people behind this as devils disguised as humans,” he continued.

“I now see that what we have in the Maldives is a military dictatorship. We need to hold early elections as soon as possible. I will do everything I can in my capacity as a parliament member to facilitate early elections.”

“You were not even elected”: former HR Minister to President

Waheed administration’s Human Rights Minister, Dhiyana Saeed,  also attended her husband Jabir’s press conference the previous day “as moral support to [her] husband who has been badly brutalised.”

She was subsequently dismissed from cabinet.

“In my career, I have always had to take the side of the police and defend their actions, although I have never found it easy to accept their brutality towards citizens,” Saeed said, adding, “But this time, I have seen too close the violence they dealt out. No one should be beaten up, regardless of what the charges for arrest are.”

Saeed then proceeded to demonstrate through role play the exact manner in which the police had brutalised her husband, acting out how and where the police had hit him.

“Police even hit Jabir on his private organs so hard that he is still bleeding. I would know, I have seen for myself,” Saeed said, sharing the doctor’s reports to support the point.

According to Saeed, she had sent a text message to Waheed upon learning of Jabir’s arrest: “I said to him that he would know very well which of the cabinet ministers have spouses who consume alcohol, and that I knew very well why Jabir was arrested. I was implying that it was politically motivated and had to do with Monday’s vote in parliament. If it honestly is about alcohol consumption, then I believe there’s a huge number of people that need to be arrested.”

“I also told him that I am very shocked to see the levels he is stooping to to hold on to his post, and said that he was not even elected by a public vote. I have quite a lot of things I can say under oath too.”

Saeed then claimed that Waheed had responded stating that he was unaware of the arrests, adding that he himself was questioning who could have done this and for what purpose. According to her, Waheed himself said that he suspected it had been done in connection to Monday’s vote, in order to create more hostility towards him among the MPs.

Dhiyana Saeed was terminated from her post as the Human Rights Minister on Monday, following her public criticism of the current administration.

Abbas quits JP over Jabir’s comments

Meanwhile, government spokesperson and council member of JP Abbas Adil Riza has quit the party today, stating as a reason that judging by the statements made by people in the party leadership, he did not like the direction the party seemed to be moving in.

“Jabir’s statements are not sentiments that I can agree with. I don’t accept that it is within my principles to stay with people who evade taxes and defame police and other people. That is why I am leaving the party,” Abbas said.

We acted professionally during the arrest: police

Police have made public their official video of the arrest on Monday. Police Sub-Inspector Hassan Haneef denied that police had caused any physical harm to any of the arrested persons.

He however said that those who had restricted arrest had been pushed to the ground and handcuffed, adding that any damage caused through showing resistance was the responsibility of the arrested.

Haneef stated that police had followed normal procedures and acted professionally in the operation.

Abdulla Jabir and Dhiyana Saeed’s press conference:

Police footage of Jabir’s arrest:

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“Everybody running the state as they please”: President Waheed

President Mohamed Waheed Hassan told a rally on the island Kinolhas in Raa Atoll over the weekend that the Maldives “does not have a leader now.”

“As some people [say], the Maldives does not have a leader now. Lots of leaders are here, and all are of the same level. And so then everybody runs the state as they please,” Waheed told the rally.

“And the senior leader should not say anything. If he does, then it’s time to take away his post quickly,” Waheed said.

Waheed’s remarks came amid rising tension between parliament and the executive following the arrest of two opposition Maldivian Democratic Party (MDP) MPs and an MP from the ruling coalition, Abdulla Jabir, on charges of a consumption of alcohol.

The Civil Court on Sunday also ordered the arrest of two MPs in the Dhivehi Rayyithunge Party (DRP) – another ruling coalition member – in connection with unpaid loans of several million dollars with the Bank of Maldives, through companies with ties to DRP Leader Ahmed Thasmeen Ali.

DRP MP Azim alleged that President Waheed and other senior members of the executive had approached him, offering to cancel the court summons if he agreed during Monday’s vote on secret balloting to vote in the way they preferred.

The court hearing was scheduled at 1:00pm – the same time as the vote. The court order was subsequently cancelled.

“It is difficult to believe that the court order for the arrest of the two MPs, Azim and Nashiz, at the time the vote is scheduled is a coincidence. It proves the allegations made by a huge section of society that the courts are politicised,” said the MDP in a statement.

The wife of Jumhoree Party (JP) MP Jabir, Gender and Human Rights Minister Dhiyana Saeed, said following her husband’s arrest that President Waheed had sent her a text message denying any knowledge of the arrests.

“The leader of the country is saying that he himself is questioning the motivation behind this and who it was that did this. Police made the arrests, right? So this is an allegation against police by the President. And he said in the SMS that there is a possibility that some people might have done this to antagonise people against [the President] with regard to the vote on Monday,” Saeed told an emergency meeting of parliament’s privileges committee.

According to Saeed, President Waheed had alleged that the arrests were “directly connected to Monday’s vote.”

That vote concerned whether to allow a ‘secret vote’ in an as-yet unscheduled no-confidence motion against President Waheed. The MDP-initiated proposition was ultimately defeated during Monday’s parliamentary vote by a narrow margin of 34 to 39 votes.

Police Commissioner Abdulla Riyaz meanwhile declared that President Waheed had no prior knowledge of the arrests of the MPs.

“Such operations are not carried out by police after informing the President or the Home Minister. This institution does not have any political influence. We have the room to function with professionalism,” Riyaz told local media.

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Parliament votes against keeping impeachment votes a secret vote

Members of parliament have vote against the proposed amendment to parliamentary regulation that would have otherwise made impeachment votes secret.

The opposition-initiated proposition was defeated in Monday’s parliamentary vote with a narrow margin of 34 to 39 votes.

Members of the opposition Maldivian Democratic Party (MDP) who earlier issued a three-line-whip, all voted in favour of the proposed amendment, while government aligned Jumhoree Party (JP) MPs also voted in favour of the proposition.

The government-aligned Dhivehi Rayyithunge Party (DRP) MP Ali Azim, whom the Civil Court had initially ordered police to produce in court, also voted with the opposition.

The amendment was proposed to the parliament by MDP MP Mohamed Shifaz and was approved by the parliament’s general affairs committee for the second time, after a previous decision by the committee was declared void by the Counsellor General Fathmath Filza on the grounds that the committee meeting on October 23 where it was voted through took place in violation of the rules.

The amendment was earlier proposed by Independent MP for Dhaalu Atoll Kudahuvadhoo, Ahmed Amir, who later withdrew the amendment claiming that his constituents did not “approve” of his decision.

During the parliamentary debate held prior to the vote, several MPs highlighted that it was important for such critical votes to be made a secret ballot since it directly related to the safety of the MPs themselves. Other MPs claimed that making such votes a secret ballot was “undemocratic” and conflicted with the constitution and its spirit.

Speaking in the debate, government-aligned Progressive Party of Maldives (PPM) MP Shifaq Mufeed stated that there were “devious plans” behind making impeachment votes a secret and claimed that it was against the law.

“To establish a procedure to hide actions of the parliament is a clear violation of the constitution.  A parliamentary session can only be held in closed doors only on matters that concerns the national security and public order,” Mufeed argued.

He added that in the case where a parliamentary vote goes to a stalemate the speaker should cast his vote and therefore it would not be a secret vote anyway, so it was “meaningless” to make parliamentary votes a secret ballot.

PPM MP Ali Arif also echoed similar remarks claiming that the current amendment excludes the impeachment votes taken against parliament speaker and deputy speaker so therefore it was very unjust.

He also added that the purpose of the amendment was “very cowardly” and affected the reputation of parliamentarians, and questioned the integrity of those MPs who had proposed such an amendment.

Meanwhile JP MP Alhan Fahmy speaking in the debate, suggested that it was not a wise decision to keep the vote open especially at a time the country was going through severe political turbulence and where there remained doubt over the security of MPs.

All the MDP MPs who spoke during today’s session supported the proposition arguing that members could be subjected to personal vendettas and hatred based on the way he or she voted.

“Threatened”

Today’s parliamentary session had to be called off after the vote as the parliament order was lost. Several MDP MPs took point of orders claiming that the government had influenced the vote by threatening MPs.

Speaking to Minivan News, former MDP Chairperson and MP Mariya Ahmed Didi claimed that she believed today’s vote was influenced and that MPs were “being intimidated”.

“Many MPs who are afraid to say it openly claimed they had received all sorts of threats from the government,” she said.

She added that in the current political environment where the police and the military have “openly brutalised MPs” and no action been taken against them, MPs had hesitated in supporting the amendment.

This she said was particularly reflected in DRP’s stand towards the votes.

“After their MPs were served summons for arrest the DRP, whom many thought would collaborate with [MDP] on this, were scared and didn’t see these as idle threats,” she explained.

Didi added that she and her party would not give up despite their disappointment in parliament today.

Earlier, JP MP Abdulla Jabir and MDP MP Hamid Abdul Ghafoor – also the party’s international spokesperson – were arrested along with several opposition figures including former SAARC Secretary General and Special Envoy to the former President, Ibrahim Hussain Zaki, former Press Secretary Mohamed Zuhair and his wife Mariyam Faiz, while in an uninhabited island.

Police claimed that they found large amounts of “suspected” drugs and alcohol upon searching the island with a court warrant.

The arrests were made “based on information received by police intelligence,” police said. Sub-Inspector Hassan Haneef told Haveeru that the suspects were arrested with alcohol and “hash oil”.

Following the arrests around midnight, the suspects were taken to Kulhudhufushi in Haa Dhaal Atoll, and Zaki was hospitalised.

Despite a police attempt to extend the detention periods all suspects including the two MPs have now been released by the Kulhudhufushi Magistrate Court, with the exception of Hamdan Zaki.

The opposition MDP alleged that the arrests were a politically-motivated attempt to disrupt parliament ahead of a no confidence motion against President Mohamed Waheed, and the amendment to voting procedure to make such votes secret. A second no-confidence motion against Home Minister Dr Mohamed Jameel was withdrawn this week pending the outcome of the secret vote amendment.

Ahead of the vote, Civil Court also issued an order on Sunday to take DRP MPs Mohamed Nashiz and Ali Azim into custody and present them in court.

The order was cancelled later the same day, on the grounds that the judge presiding over the case was out of the country.

Meanwhile, Presidents Office Spokesperson Abbas Adil Riza has earlier said that it would use all threatened legal action “using all the powers of the government” against the People’s Majlis to “bring parliament back to the right path”. He made the remarkin an appearance on government-aligned private broadcaster DhiTV on October 25.

“The constitution and parliamentary rules of procedure clearly state which votes are to be conducted through secret ballot. The rest of the votes should be open,” he said.

Riza heavily criticised the committee decision to approve the amendment, insisting that it violated the parliamentary rules on conducting committees meetings and votes.

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Civil Court issues, cancels order to detain DRP MPs Nashiz and Azim over BML debts

The Civil Court issued an order on Sunday to take Dhivehi Rayyithunge Party (DRP) MPs Mohamed Nashiz and Ali Azim into custody and present them in court.

The order was cancelled later the same day, on the grounds that the judge presiding over the case was out of the country.

Police Media Official Sub-Inspector Hassan Haneef said police had been working to implement the order. He confirmed that the hearing had been scheduled for 1.30pm on Monday.

After the cancellation of the order, Sub-Inspector Haneef said that the reasons stated were that the judge was currently out of the country and other cases the same judge were presiding on had now been scheduled.

Following the initial issuing of the order, the DRP declined from making any comments on the issue. MP Dr Abdulla Mausoom said then that the case involved a personal matter and had no relation to politics or the party.

Dr Mausoom was not available for comment after the cancellation.

Department of Judicial Administration Director Ahmed Majid confirmed that the MPs were being taken to court in relation to a case submitted by the Bank of Maldives Pvt Ltd, asking the court for assistance in seeking due payments from the two persons.

This is in relation to a verdict by the Civil Court ordering Mahandhoo Investments and Kabalifaru Investments – two companies with ties to DRP Leader Ahmed Thasmeen Ali – to repay millions of dollars worth of loans to the Bank of Maldives Plc Ltd (BML). The verdict was also upheld by the High Court in October 2011.

“This is the normal procedure. The courts have summoned them numerous times, and they have continued to fail to attend, with no acceptable reasons presented. It is then legally at the court’s discretion to have police intercept and present them to court,” Majid said.

He further confirmed that the members would be released from custody after Monday’s hearing.

Meanwhile, the vote to determine if secret ballots can be taken during the taking of no confidence votes have been scheduled for Monday’s parliament session.

Waheed attempting to influence vote: MP Azim

DRP MP Azim has alleged that President Mohamed Waheed Hassan and other senior members of the executive had approached him, offering to cancel the court summons if he agreed to vote for the secret balloting in a way they preferred.

Azim alleged that in addition to Waheed, his Political Advisor Ahmed Thaufeeq and Spokesperson Abbas Adil Riza had called him and made similar statements.

Azim further said in parliament today that he was “not the least bit surprised” that Waheed had called, adding that he had expected as much. He alleged that Waheed had previously called him with similar intentions, including during the Football Association of Maldives (FAM) elections.

Following the arrest of Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor and Jumhooree Party MP Abdulla Jabir last Thursday alleging use of alcohol, many opposition politicians claimed that this was a political stunt to jeopardise Monday’s vote.

Both the Maldivian Democratic Party(MDP) and the Human Rights Minister Dhiyana Saeed alleged that there was a “political motivation” behind the arrests.


The Civil Court issued an order on Sunday to keep Dhivehi Rayyithunge Party (DRP) MPs Mohamed Nashiz and Ali Azim in custody and to present them in court. Later in the day, the order was cancelled, claiming the judge presiding over the case was out of the country.

Police Media Official Sub-Inspector Hassan Haneef said that the police had been working to implement the order. He confirmed that the hearing had been scheduled for 1.30pm on Monday.

After the cancellation of the order, Sub-Inspector Haneef said that the reasons stated were that the judge was currently out of the country and other cases the same judge were presiding on had now been scheduled.

Following the initial issuing of the order, DRP declined from making any comments on the issue. MP Dr. Abdulla Mausoom said then that the case involved a personal matter and had no relation to politics or the party.

Dr. Mausoom was not available for comments after the cancellation until the time of press.

Department of Judicial Administration Director Ahmed Majid confirmed that the MPs were being taken to court in relation to a case submitted by the Bank of Maldives Pvt Ltd asking the court for assistance in seeking due payments from the two persons.


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Supreme Court holds first hearing on legitimacy of Hulhumale’ Magistrate Court

The Supreme Court on Sunday held the first hearing of the case concerning the legitimacy of Hulhumale’ Magistrate Court.

The case was filed by the Judicial Service Commission (JSC) and is being heard by the entire seven member bench of the Supreme Court. Respondent in the case was lawyer Ismail Wisham.

Former President Mohamed Nasheed’s legal team also sought to intervene in the court case. Nasheed’s lawyers stated that the case involved the interests of the former president as his case regarding the detention of the Chief Judge of Criminal Court Abdulla Mohamed is being looked by Hulhumale’ Magistrate Court.

At the beginning of the trial, the former Attorney General Husnu al Suood, who was representing the respondent raised procedural points whereby he argued that Supreme Court Judge Adam Mohamed Abdulla could not sit in the bench since he was also the President of the JSC, which therefore amounted to “presumption of bias”.

However, the Supreme Court rejected the procedural points.

“We understand no reasons were given by the Supreme Court as to the why it decided to not hear the case submitted by the MDP,” the party said in a subsequent press statement. “We believe this goes against the principles of Natural Justice. As a party which will be affected by the decision of the Supreme Court, we believe the MDP has locus standi and as such has the right to be heard.”

Speaking on during case, the respondents argued that according to the existing law, there were no legal basis to support the legal existence of Hulhumale’ Magistrate Court, which had been formed in contradiction to the constitution and the Judicature Act article 53.

Judicature Act Article 53(e) states that if four divisions of the four superior courts are established in one island, then “the magistrate court of that island will be abolished. And if a division from among the four courts is established in an island, matters that fall within the jurisdiction of the relevant court shall be carried out by the relevant division and not by the magistrate court.”

The respondent’s lawyer claimed that with reference to the constitution and the Decentralisation Act, it was clear that Hulhumale’ and Villimale are now considered as a part of Male’ even though they are geographically two islands, therefore a magistrate court cannot be set up in any of the islands which under the law are now considered wards.

The intervening Nasheed’s lawyers also echoed similar remarks on the case. Nasheed’s lawyers requested a period of three days to research the documents – which they claimed to have only received just a few minutes before the hearing – but were denied the opportunity.

The JSC lawyers who filed the case argued that Hulhumale’ and Villimale were only considered as a part of Male’ for administrative purposes and that this argument did not have any legal basis. Therefore, they stated, Hulhumale’ should be “judicially” considered a separate island.

The lawyers also claimed that the court was set up with the intention of providing easy access to justice for the people of Hulhumale. They also claimed that according to the Judicature Act article 66, each island must have a magistrate court and that prior to the passing of the Act, the court had been functioning as an island court.

The artice 66 states – “A Magistrate Court shall be established in all inhabited islands with the exception of Male’ where there are the four superior courts created in accordance with Article 53(b) of this Act and in an island where four divisions of these four superior courts are established in accordance with Article 53 (c) of this Act.”

Responding to the claims of the JSC, the respondents stated that based on the documents presented to the court, the Hulhumale court was formed to function as a section of Civil Court and Family Court prior to the passing of the Judicature Act.

The added that only island courts were to be declared as magistrate courts according to the judicature act and since Hulhumale Court was a section of the superior courts, it cannot be declared as a magistrate court according to the Judicature Act.

Supreme Court, adjourning today’s sessions did not mention of the next date the hearings would be scheduled.

The case concerning the legitimacy of Hulhumale Magistrate Court was filed by the JSC in earlier this month, asking the Supreme Court to decide on the matter.

Meanwhile, Nasheed’s Maldivian Democratic Party (MDP) have repeatedly challenged the legitimacy of the Hulhumale’ Magistrate Court.

Member of Nasheed’s legal team, lawyer Hisaan Hussain during a press conference held earlier this month, stated that they felt it would be unjust for the Hulhumale’ Magistrate Court to be presiding over any case after Nasheed’s case was temporarily halted over allegations of the court being unlawfully established.

The Hulhumale’ Magistrate Court held the first hearing of Nasheed’s case on October 9. The second hearing had been scheduled for November 4, which was cancelled following the injunction granted Sunday morning by the High Court.

Nasheed’s legal team has previously raised concerns about the legality of the Hulhumale’ court, citing Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act.

Following the hearing, the MDP in its statement argued that the head of the JSC sitting on the bench during a trial concerning the JSC was against natural justice, and grounds for taking the case to the International Court of Justice.

“That no man shall be his own judge and jury is a fundamental principle of Natural Justice. The Supreme Court decides cases on simple majority and the president of a body that is the appellant and as such a party to the litigation and in which one of the issues is the legality of its own acts, should be disqualified from sitting as a judge in this case,” the party said.

“We are thinking of instructing lawyers to take up this case in the International Court of Justice (ICJ). After all once such basic principles of justice are ignored in our highest court of appeal, it paves the way for appeal to the ICJ.”

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Protesting that “disturbs public” against constitution: Attorney General files case

The Attorney General’s Office has submitted a case claiming that causing public disturbances in the name of political protest is against the constitution.

The case, submitted in September, requests the Supreme Court to rule that such protests are against some articles of the constitution.

This includes disturbing the public, using foul language, protesting in a manner that instills fear into the hearts of children and the elderly.

Deputy Leader of Dhivehi Rayyithunge Party (DRP) Dr Abdullah Mausoom said that people should have the right to the protest, but argued that Maldivians also “don’t want their daily lives disrupted.”

“We have such polarised parties here that are from one extreme to the other, it is expected that people protest.

“However when it disrupts the lives of people, like how the Maldivian Democratic Party (MDP) camped in one of the parks for weeks, it’s not right,” Mausoom added.

Earlier this year, the MDP set up a protest camp in the surf point area of the city following former president Mohamed Nasheed’s controversial resignation.

In March, security forces cleared the area in response to the violence that had engulfed the city on the morning of the raid, a police spokesperson told Minivan News at the time.

Police alleged that people had been committing crimes and threatening police before retreating to the MDP camp. The MDP claimed the action was a clamp down on freedom of assembly.

Police completely cleared the tsunami monument camp after Attorney General Azima Shukoor told the press that the area belonged to the Maldives National Defence Force (MNDF), and claimed that Male’ City Council did not have authority to give the area to the MDP.

In May, a second MDP camp at Usfasgandu was raided by police after a search warrant was obtained from the Criminal Court.

Reasons for the search as stated on the warrant included: “suspected criminal activity”, “damage to public property”, and “suspected black magic performed in the area”.

President’s Office Spokesman Masood Imad, told Minivan News that the government fully supports the right to protest, but it needs to be done in such a manner that does not negatively affect the lives of others.

He said: “A protest should be about changing something. A protest conducted in residential areas has nothing to do with parliament. Public protest and public nuisance are two very different things.”

The MDP meanwhile likened the move to Bahrain’s recent efforts to outlaw protesting.

“The MDP strongly condemns efforts to restrict freedom to assembly by the government. One of the most fundamental clauses in the new constitution is the right to protest and we are witnessing democratic gains fast slipping,” said MDP Spokesperson Hamid Abdul Ghafoor.

The AG office details that the activities detailed in their case breached the right to live, the right to privacy, the right to freedom of expression, the right to form political parties, the right to assembly and the right to provide special protection to children and the elderly.

All Supreme Court judges will be on the bench presiding over this case. The hearing has now been scheduled for Monday.

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President’s Office Spokesperson “stands by” comments against GMR, Indian High Commissioner

President’s Office Spokesperson Abbas Adil Riza confirmed that he stands by his controversial comments made against Indian High Commissioner D M Mulay last week.

Speaking at a rally on November 9 calling for the government to “reclaim” Ibrahim Nasir International Airport (INIA) from Indian infrastructure giant GMR, Riza described Mulay as a “traitor and enemy of the Maldives and the Maldivian people”.

The remarks have since been widely reported by Indian media, sparking a diplomatic row and forcing the President’s Office to issue a statement distancing itself from the comments.

Riza also spoke at a rally last Friday, characterising the Indian media coverage of his remarks as a “success” and urging participants to persevere “until GMR leaves this country.”

Riza told Minivan News that the comments were made in his “personal capacity” rather than his “official capacity”, adding: “The comments were my personal opinion and I still stand by them.”

Members of parliament expressed concern over the remarks made by Riza, leading to a debate on the matter last Tuesday (November 13).

During the debate, MPs of the opposition Maldivian Democratic Party (MDP) condemned the comments claiming they were made against diplomatic protocol and could affect bilateral relations with India.

Meanwhile, MDP MP Eva Abdulla alleged that the remarks made by Riza were not those of his own but were rather under “direct orders” from President Mohamed Waheed Hassan.

The majority of former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM) MPs attempted to defend Riza, and tried to switch the focus to High Commissioner Mulay.

In an apparent contradiction to its comments in parliament, the PPM on November 12 issued a statement dissociating the party from the “slanderous” allegations made against Mulay.

Meanwhile, PPM MP Abdul Azeez Jamaal Aboobakr defended Riza, stating that a person’s freedom cannot be limited because of his employment, and that Riza too had his freedom of speech.

Aboobakr also highlighted that Riza had at the beginning of Friday’s speech said that he was going to make the remarks not in his official capacity as the spokesperson, but in an individual capacity.

More recently the Indian Government has expressed concern over the “continuing political instability” of the Maldives.

A statement released by the Indian Government on November 17 also showed concern about the “anti-Indian protests” being staged in the country.

President Mohamed Waheed Hassan Manik yesterday told Indian News Agency, Press Trust of India (PTI) that India need not be concerned with affairs in the Maldives.

Speaking about the GMR contract signed under the previous government, Waheed told PTI: “The agreement [to lease INIA to GMR] was signed by the previous government, and the circumstances leading to the stamping of the deal were questionable. Hence, this is not a problem that we have with GMR, but with a bad agreement.

“We have to pay GMR 1.5 million US dollars per month under the current arrangement of the agreement in operation, and that is beyond our capacity.”

The government’s financial liability in the airport deal – its most recent bill for the third quarter was US$2.2 million – is the result a of a civil court case filed by the now ruling-coalition Dhivehi Qaumee Party (DQP), during the Nasheed administration, which blocked GMR from levying an airport development charge (ADC) as stipulated in its concession agreement.

The Civil Court ruled in the DQP’s favour. Opting to honour the contract, the Nasheed administration instructed the company to deduct the ADC from its concession fees while it sought to appeal the matter.

The new government – which includes the DQP – inherited the problem following the downfall of Nasheed’s government on February 7. In the first quarter of 2012 the government received US$525,355 of an expected US$8.7 million, after the deduction of the ADC. That was followed by a US$1.5 million bill for the second quarter, after the ADC payable eclipsed the revenue due the government.

Combined with the third quarter payment due, the government now owes the airport developer US$3.7 million.

GMR has previously offered to compromise by exempting Maldivian nationals from paying the ADC, but claimed not to have received a response from the new government.

Protests continuing

Meanwhile political groups in the Maldives continue to stage protests against the GMR contract. The Indian infrastructure giant hasa said it is flexible about discussing issues within the framework of the agreement with the Maldives government.

A senior official of GMR told the Hindu Business Line: “We remain flexible within the framework of concession agreement…If they want to scrap the agreement, [in that case] we are finished.

“We have already invested more than $200 million. Our banks are watching. It is impossible for us to scrap and sit back.”

Meanwhile, the Maldives government has been asked by India to ensure the safety and security of its nationals in Maldives and “Indian interests” in the country in view of the ongoing anti-India demonstrations.

The anti-GMR campaign, from which Riza’s comments stem from, has been increasing pressure on the government to annul the agreement.

Adhaalath Party President Sheikh Imran Abdulla – a leading figure in the anti-GMR activities – gave the government a six-day ultimatum to cancel the contract.

Despite the initial date having passed without any official conclusion, Sheikh Imran, speaking at the artificial beach on Friday (November 16) night, said: “The Maldivian President has heard our plea, [He] has said that he heeds and respects it, [He] needs some time to arrange a few things.

“Hence to give [him] some time even if the previously issued ultimatum is up. The work is being done in this manner. Hence to give some space and stay put.”

In light of this information, Sheikh Imran has said that the ultimatum has now been extended to November 30, adding: “Our patience will wear out at some point, after that point we will go for direct action. After November 30, we will go for direct action. We will not stay still.”

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Liquor and drug island arrest like a “terrorist killing operation”: MP Abdulla Jabir

Jumhoree Party (JP) MP Abdulla Jabir has spoken of the severe brutality he and others faced whilst being arrested on Thursday’s island raid, likening the actions of the police to that of “terrorists”.

A ‘special’ operation carried out on Thursday night concluded with the arrest of ten people on the island of Hodaidhoo in Haa Dhaal Atoll, a police statement read.

Police said they found large amounts of “suspected” drugs and alcohol upon searching the island with a court warrant.

Jabir, who has since been released from custody, told how the arrested group suffered at the hands of the police during the night-time raid.

“We had gone there to have dinner and spend the night on the island, but at about 4:00am, when most of the group were asleep, we were confronted by hundreds of police.

“They said we were drinking alcohol, so I asked them to show a warrant and they didn’t have one. They then started hitting and beating us, they wanted to kill us,” he alleged.

“This did not feel like a police operation, it felt like a terrorist killing operation and it should not be acceptable anywhere in the world,” Jabir told Minivan News.

Jabir said how members of the group were “ripped” out of bed, including a two-year-old child, before being arrested “face-down” on the sand.

“The child had to watch his parents being treated like animals in front of him, it was psychologically damaging,” Jabir claimed.

“[Police] beat us to the ground, put us face down and stood on our heads whilst we were handcuffed. We were treated like pieces of s**t,” Jabir added.

Those arrested included MDP’s international spokesperson MP Hamid Abdul Ghafoor (MDP), former SAARC Secretary General and Special Envoy to the former President, Ibrahim Hussain Zaki, former Press Secretary Mohamed Zuhair and his wife Mariyam Faiz.

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

Jabir explained that there was “no alcohol or any other illegal substances whatsoever” on the island, adding: “If we had been interested in alcohol, we could have gone to one of my resorts.”

“None of us have any interest in alcohol, we had gone to the island to have a picnic. As for hash oil, I don’t even know what that is,” Jabir said.

The arrests were made “based on information received by police intelligence,” police said. Sub-Inspector Hassan Haneef told Haveeru that the suspects were arrested with alcohol and “hash oil”.

Jabir claimed that if any items were found, they would have been “planted” by the police.

“I don’t know who was behind this, but I will go to every length to find out who ordered this operation and see they are behind bars.

“I had heard about police brutality, but this was beyond my imagination. It felt like they wanted to kill Zaki and myself,” he added.

Following the arrests, the suspects were taken to Kulhudhufushi in Haa Dhaal Atoll, and Zaki was hospitalised.

Former Human Resource Minister Hassan Latheef tweeted: “IH.Zaki was severely beaten by baton n handcuffed for hours before he was taken to Police. Marks r seen at his thigh n face.”

Former President Mohamed Nasheed also tweeted that he had spoken to the lawyers of Zaki and other MPs, who confirmed they had been beaten.

“Spoke to lawyers of Zaki & MPs. They have been beaten, ill-treated and no alcohol or drug was found in their position or from their rooms,” Nasheed said.

Parliament’s Privileges Committee held an emergency meeting on Friday following the arrests.

Section 202.D of Parliament’s rules of procedure states that MPs cannot be arrested while there is a no-confidence motion before parliament to impeach the president or remove a cabinet minister, judge or member of an independent commission from his or her post.

The Majlis secretariat released a statement on Friday afternoon stating that Speaker Abdulla Shahid had instructed police to abide by parliament’s rules of procedure after he was informed of the arrests.

Despite a police attempt to extend the detention periods, all suspects including the two MPs have now been released by the Kulhudhufushi Magistrate Court, with exception of Zaki’s son Hamdan Zaki and Jadhulla Jaleel after the court extended their detention for five days.

Zaki is currently undergoing treatment at ADK hospital after being flown to Male’ this morning.

It has been alleged by the MDP that the arrests were a politically-motivated attempt to disrupt parliament ahead of a no confidence motion against President Dr Mohamed Waheed Hassan.

Following the arrests, Nasheed alleged in a tweet that the arrests were made the same day Waheed had “threatened” parliament during a speech on Kinolhas in Raa Atoll.

“Less than 24 hours after my former deputy threatened the parliament, police have arrested MP Hamid, Jabir and my press secretary. They must be freed immediately,” Nasheed said.

The island of Hodaidhoo was leased to Yacht Tours for resort development in January 2003. According to Haveeru, it was previously inhabited but the population was relocated to Haa Dhaal Hanimadhoo in 1997. MP Jabir is Chairman of Yacht Tours.

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