Category: Politics

Comment: In love of democracy

Recent political developments not only confirm that democracy certainly is not ‘the only game in town’ – which is the simple test of consolidated democracy according to political scientists Alfred Stepan and Juan Linz – but also make one doubt whether there has been a completed democratic transition in the Maldives.

Two issues – the increasing inability of the government to generate new policies, and the de jure and de facto sharing and blurring of the powers of the executive with those of the legislature – put into question the transition to democracy.

‘Cash for votes’ in the parliament, the failures of the judiciary, reaction from government to predatory politics, the inaction of the civil society, the unreflective ‘political society’ polarized between two violent tribes, show that games from the authoritarian era can still be the favourites in town.

Failure of institutions VS human failure

Sri Lanka’s foreign minister, who is also trained in law, recently argued that the reasons for the current impasse lie in the institutional design of the 2008 constitution. President Nasheed agreed at a press conference on Wednesday. The unique features of presidentialism are also the institutional reasons for similar political deadlock as argued by others like Linz.

Yet institutionalism is not a sufficient reason – for either evil or good.

For, even perfect or just constitutions may not result in good outcomes or realisations.

As Nobel laureate Amartya Sen powerfully argues in his recent book The Idea of Justice the compliance of people’s behaviour with the demands of institutions is necessary for comprehensive good outcomes.

Wealthy parliamentarians can buy votes, minority parties can filibuster and disrupt parliament’s work, parliamentarians can block legislation and misuse constitutional provisions, authorities can arbitrarily arrest people and bypass due process, judges can be biased, executive can ignore court orders, and oversight bodies can be power-ridden.

To avoid, therefore, ‘justice in the world of fish’ where powerful predators devour the rest, both institutions and behavioral compliance, both processes and substance, are essential.

The persistence of predatory culture

Recent revelations show that predatory practices in the country are shockingly persistent. If what Larry Diamond, who has extensively written on political transitions, describes as ‘predatory society’ is an ideal type, the Maldives may not be far away from it. He describes, and I quote in length from Civic Communities and Predatory Societies:

In the predatory society, people do not get rich through productive activity and honest risk-taking. They get rich by manipulating power and privilege, by stealing from the state, exploiting the weak, and shirking the law.

Political actors in the predatory society will use any means and break any rules in the quest for power and wealth. Politicians in the predatory society bribe electoral officials, beat up opposition campaigners, and assassinate opposing candidates. Presidents silence criticism and eliminate their opponents by legal manipulation, arrest, or murder. Ministers worry first about the rents they can collect and only second about whether the equipment they are purchasing or the contract they are signing has any value for the public.

Legislators collect bribes to vote for bills.

Military officers order weapons on the basis of how large the kickback will be. Ordinary soldiers and policemen extort rather than defend the public. In the predatory society, the line between the police and the criminals is a thin one, and may not exist at all. In fact, in the predatory society, institutions are a façade. The police do not enforce the law.

Judges do not decide the law.

Customs officials do not inspect the goods. Manufacturers do not produce, bankers do not invest, borrowers do not repay, and contracts do not get enforced. Any actor with discretionary power is a rent-seeker. Every transaction is twisted to immediate advantage. Time horizons are extremely short because no one has any confidence in the collectivity and its future. This is pure opportunism: get what you can now. Government is not a public enterprise but a criminal conspiracy, and organized crime heavily penetrates politics and government.

Again, he says that “Corruption is the core phenomenon of the predatory state.”

The problem with such a society is that it cannot sustain democracy.

How to leave Las Vegas

President Nasheed’s government no doubt represents a victory against the forces of predation. However, some reasonable people have questioned whether his government’s recent reaction to predatory politics was legitimately conducted.

Of course, as value-pluralists like Isaiah Berlin remind us, we may take the risk of drastic action in desperate situations. So to give the government the benefit of the doubt, legitimacy aside, it is questionable if the government’s actions such as arrests and fomenting masses will lead to improvement.

Writing about political deadlocks, political scientist Scott Mainwaring has this to say:

“Common among populist presidents, such a pattern [i.e. mobilizing masses] easily leads to escalating mutual suspicions and hostilities between the president and the opposition.”

Moreover, by detaining otherwise predatory characters on questional grounds, we are giving them the benefit of victimhood and making them ever strong and popular. There is no greater tragedy to responsible opposition politics than having predatory characters as the most popular.

To my mind, therefore, there is no alternative to talks as an immediate measure, and strengthening institutions of horizontal accountability such as the Anti-Corruption Commission, the Audit Office, and the judiciary for long haul.

As a discursive yet instrumental tool, government must strengthen its public communication and pressure the parliament into compliance through public sphere.

As a permanent policy, it is time the government took for granted that it is a minority in the parliament, gave way for real negotiations rather than consultations, and got prepared for painful compromises.

Politics after all is the art of the possible.

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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President releases Yameen

People’s Alliance (PA) MP Abdulla Yameen was released Friday afternoon from his controversial detention on the presidential retreat island of Aarah, more than a week after he was taken into ‘protective custody’.

Maldives National Defense Force (MNDF) spokesman Major Abdul Raheem confirmed that Yameen – former President Maumoon Abdul Gayoom’s half-brother – had been released from custody under orders from President Nasheed.

“He was released at his house and we are no longer providing him with security,” Raheem said, adding that Yameen was never “under arrest”.

The leader of the minor opposition party, who was last week released from house arrest by the Supreme Court, had been accused by the government of corruption, bribery and treason alongside Jumhoree Party (JP) MP Gasim Ibrahim, a high-profile businessman thought to be one of the wealthiest men in the Maldives.

Deputy Speaker of the Majlis and PA Deputy leader Ahmed Nazim is also facing allegations of corruption concerning the judiciary, along with ruling party MP Mohamed Musthafa. Both were released by the criminal court last week due to the court ruling that current evidence was insufficient to warrant their detention.

The week prior to Yameen’s detention, recordings of phone conversations between the MPs implicating them in apparent corruption and vote-buying were leaked to the media, prompting both a rise in public anger against MPs and debate over the ethics of tapping personal phone calls.

After taking him into custody following violence outside his house last week, MNDF refused to present Yameen in court despite an order from the Criminal Court on July 15. Parliament’s speaker Abdulla Shahid on Wednesday suspended parliament indefinitely until the release of the MP.

Meanwhile, a coalition of opposition-aligned parties including the Jumhoree Party (JP), People’s Alliance (PA) Dhivehi Qaumee Party (DQP) and Dhivehi Rayyithunge Party (DRP) appealed to the international community to put pressure on the government to release Yameen.

The government contended that even though Yameen was being held on Aarah against his will, his detention was constitutional because of public anger towards Yameen and the risk to his safety.

Assistant Secretary to the United States Robert Blake, who visited briefly last week, suggested the President “either charge or release Mr Yameen.”

Speaking to Minivan News this morning, Yameen confirmed he had been “fully released”.

“I think [President Nasheed] finally realised concept of protective custody was ridiculous,” Yameen said, adding that he felt safe walking the streets.

“I have personal security in my house, but I can’t afford more than that,” he said, adding that he expected the police and MNDF to protect his home from further mob violence.

“[Otherwise] I’m perfectly capable of defending myself,” he said, explaining that he had “followers” who would protect him at the price of continued street violence.

Yameen said he was unsure why the government had sought to gain by detaining him, as the opposition parties were “already engaged in dialogue with the government two days before my arrest.”

“Perhaps the President thought it was the only way I would cave into his demands. Otherwise his actions are incomprehensible – he certainly hasn’t gained anything from this,” Yameen suggested. “International reception has been bad and locally very hostile.”

Yameen further added that the President’s comparison of him during a press conference last week to former President Amin Didi, who was assassinated by a mob in Male’, was “grotesque”, and that Male’ was not suffering from such a degree of public disorder.

Of his custody, Yameen described the physical conditions as “OK”, however “nobody except my wife, children and my lawyer had access to me.”

Ahmed Thasmeen Ali, Leader of the major opposition party, the DRP, said last week that Yameen’s custody was the “essence” of the present deadlock as the government had “not followed due process”.

A rare press conference to be held at the President’s Residence Muleaage this morning at 10:45am was cancelled at the last minute.

The President’s Press Secretary Mohamed Zuhair was not responding to calls at time of press.

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US Assistant Secretary Blake claims political stalemate can be solved through dialogue

United States Assistant Secretary of State for South and Central Asian Affairs, Robert Blake, has urged the Maldives’ deadlocked executive and opposition-majority parliament to work “collaboratively together to end the current political impasse.”

Speaking to the Maldivian press in the American corner of the National Library after a day of meetings with government, opposition and parliamentary figures, Blake suggested it was ”time for all sides to put aside narrow partisan differences so they can resume work to serve the people, and restore confidence in the public institutions of the country.”

The former ambassador to Sri Lanka and the Maldives claimed the current political crisis facing the Maldives “is one that is familiar to many democracies – the president represents one party while the opposition controls the parliament.”

“I told President Nasheed and [DRP leader] Mr Ahmed Thasmeen Ali that there is really only one way out – both sides must be open to dialogue and compromise. I’m very confident that both sides are capable of that,” Blake said, adding that this had been proved during the drafting of the constitution in 2007-2008.

“A continued stalemate is in no one’s interest. There is a risk of further violence and that in turn will impact tourism and aggravate the economic challenges the Maldives faces. The people really want to see their politicians work together to deal with some of the big challenges the country is facing,” he said.

Blake observed that it was also “very important” for the government to work in accordance with the rule of law, and suggesting President Nasheed either charge detained People’s Alliance (PA) MP Abdulla Yameen, who has been accused of corruption and treason, or release him from his ‘protective custody’ on the Presidential Retreat at Aarah.

Blake implied he was aware of challenges facing the judiciary and noted that there were “some very important steps to be taken in the near future regarding the Supreme Court nominees and the continuation of their terms”, but said this was “just one more reason for the government to work together with the opposition.”

Meanwhile at an opposition coalition press conference earlier this week, Thasmeen and Jumhooree Party (JP) Leader Gasim Ibrahim announced that the opposition front was ready and willing to engage in peaceful dialogue to resolve the political deadlock.

However, said Thasmeen, the government’s actions were “worsening the situation” and the controversial detention of Yameen was not conducive to peaceful dialogue.

“As you know, leader of the People’s Alliance Abdullah Yameen is under military custody,” he said. “This is unacceptable. We are seeing that there is no rule of law in the country anymore.”

Alleging that Yameen’s detention was illegal and “outside the bounds of law”, Thasmeen added that the opposition coalition did not believe parliament sittings could be held in the absence of the Mulaku MP.

Yameen’s detention was the “essence” of the present deadlock as the government had “not followed due process”.

Gasim reiterated the opposition’s coalition desire for “a just solution” to the current political crisis and urged the government to “immediately release Abdulla Yameen” and consider the importance of allowing the People’s Alliance leader to participate in the talks.

The DRP parliamentary group leader told press that the unified parties had undertaken “broad” diplomatic efforts to inform foreign embassies, governments and international agencies of the situation in the Maldives and seek assistance and support.

“I went to Ceylon about a week ago, met embassy officials, informed them of the situation and asked for assistance,” he said, adding that the opposition coalition was working with the UN, the Inter-Parliamentary Union (IPU) and the Commonwealth.

Thasmeen claimed that the concern expressed by the international community following the recent unrest was “unprecedented”.

Dhivehi Qaumee Party (DQP) Leader Hassan Saeed is meanwhile lobbying for international support in the UK.

On the opposition coalition’s nightly protests outside the DRP office, Thasmeen said the party was forced to “mobilise our supporters” due to the dangers posed by the ruling Maldivian Democratic Party activists’ “vigilante justice”.

Gasim joined the DRP leader to condemn “calls for people to be killed” and protest gatherings outside judges’ residences.

The opposition leaders also revealed that talks mediated by Sri Lankan President Mahinda Rajapaksa had failed.

While Speaker Abdulla Shahid yesterday announced that sittings would be canceled “indefinitely” following the MNDF refusal to escort MP Yameen to parliament this week, a statement issued by parliament today welcomes the inception of talks between the government and opposition parties.

It adds that although the coming week included national holidays on the occasion of Independence Day on July 26, the Speaker hoped political parties would be able to “establish an environment” for the parliament to function.

“After the hoped-for talks, I intend to hold a Majlis sitting on August 1, 2010,” it reads.

President Mohamed Nasheed meanwhile told press yesterday that he hoped all parties, “especially MDP and DRP,” will be able to come to the negotiating table and resolve the dispute peacefully.

Asked about MP Yameen’s continued detention, Nasheed acknowledged that “nobody could argue that for anyone to remain in custody while peace is to be achieved is the right away.”

While foreign mediators were needed in some cases, said Nasheed, most foreign parties were not prepared to “stay for the long haul” but rather desired credit for their role.

“Nothing can be solved in one sitting,” he said. “I feel that a Maldivian should be the mediator…and foreign parties could talk to the local mediator. In any case, the Commonwealth is saying they are ready, the European Union is saying they too are ready, the UN is ready, four friendly nations are saying they ready. So now I don’t know who to ask.”

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AG Suood ‘finds’ letter from speaker of parliament requesting former AG to dissolve a case of MP Nazim

Attorney General (AG) Husnu Suood has claimed to have discovered a letter signed by the Speaker of the Parliament and Dhivehi Rayyithunge Party (DRP) MP Abdulla Shahid requesting a former attorney general dissolve a case against Deputy Speaker and Deputy Leader of the People’s Alliance (PA) MP Ahmed Nazim, who has recently been charged for corruption and bribery.

Suood revealed he had the letter at a Maldivian Democratic Party (MDP) event at Dharubaaruge last night.

Press Secretary for the President Mohamed Zuhair explained that Speaker of Parliament Abdulla Shahid was the executive secretary for the former President Maumoon Abdul Gayoom when he sent the letter.

“The letter was sent to the former attorney general, and Suood managed to find it in his office,” said Zuhair. “It was a case related to 500 [electricity] house meters and one other case, both related to the State Electric Company (STELCO).”

Zuhair further said that People’s Alliance party (PA) leader and MP Abdulla Yamin was the Chairman of STELCO at the time.

“The government will investigate all cases of corruption and will send the matter to the Prosecutor General’s office and present those people before the judges,” he said. “If the lower courts find them innocent, we will take it to the higher courts, to the Supreme Court and if necessary, to the international courts.”

Shahid denied the claims and said he had never sent such a letter to a former attorney general.

“I was not even in a position to send a letter to the former attorney general requesting someone’s case be dissolved,” he said. “When people make allegations like this, they should define it so the accused knows how to respond.”

Nazim did not respond to Minivan News at time of press.

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Comment: Leaving Las Vegas

The economy is controlled by a handful of big, powerful dons who have extensive business interests in all major industries. The dons supplement their income through the illicit supply of drugs, prostitutes and other contraband. They have corrupted the institutions of state through bribery and inducements, and their violent street gangs deal with anyone who dares stand in their way.

Sound familiar? Welcome to ‘Sin City’: Las Vegas in the 1960s.

The parallels between post-war Las Vegas and today’s Maldives are stark. We may not have the casinos of the Nevada desert town but we have plenty of our own vices: street gangs, people smugglers and the king of crime: Brown Sugar.

In recent weeks, it has become clear that many of our own state institutions have also been corrupted by powerful businessmen who made their illicit fortunes under Gayoom’s iron-fisted autocracy.

For ordinary folk, Gayoom’s reign often spelled poverty, misery and torture but for a cunning few, close to the dictator. Vast personal fortunes could be made through lucrative oil contracts, drug dealing and racketeering. The friends and family of the former President were effectively above the law.

Things started to go wrong for the dons, though, in 2008, when a new sheriff rode into town. President Nasheed vowed to clean up corruption and cronyism and sell off rotten state assets to private corporations, threatening the dons’ control over the economy.

The criminal king-pins are fighting back. Secret telephone recordings, aired in the media earlier this month, strongly suggest that a handful of powerful MPs, who made their fortunes under Gayoom, have woven a web of corruption around the People’s Majlis and the so-called independent Commissions in order to protect their vast personal wealth.

The police have arrested MPs Ahmed Nazim, Abdulla Yameen and Gasim Ibrahim for allegedly bribing fellow MPs, such as Kutti ‘I need some cash’ Nasheed, to vote against government bills that threaten the dons’ interests. Now the judges, who were appointed by and owe their loyalties to Gayoom, have freed the powerful MPs and barred police lawyers from court.

President Nasheed is engaged in a bitter fight to try and clean up corruption and stamp out organised crime but has few allies outside his own party.

Las Vegas’ history may, though, provide him with hope. In the 1980s, huge corporations moved into town. They bought up the mobster’s gambling dens and replaced them with glittering skyscraper mega-casinos.

The Las Vegas mafia fought tooth a nail to protect their empires – corrupting policemen, bribing judges and murdering opponents to keep the corporations out. They spun a propaganda war, warning that Las Vegas would lose its ‘soul’ if faceless companies took over.

But in the end, the corporations won. Today’s Las Vegas is hardly a testament to moral purity. But the gangsters have been forced out of town and the corruption, drug dealing and the criminal gangs have largely gone with them.

Whether the Maldives’ will win its fight against the mafia remains to be seen. The $400 million upgrade of Male’ International Airport by GMR & Malaysia Airports bodes well – not only will it boost the economy, it will also stamp out a dodgy airline fuel racket allegedly run by companies close to powerful MPs.

The future of the country, and its democracy, hangs in the balance. Will the mafia win out? Or will President Nasheed finally force them into leaving Las Vegas?

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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President and MDP congratulate DRP on its anniversary

President of the Maldives Mohamed Nasheed has congratulated opposition Dhivehi Rayyithunge Party on it’s fifth anniversary.

“The President expressed confidence that the government would receive the full cooperation of the DRP in consolidating democracy in the Maldives,” said the president’s office. “He also expressed confidence that the DRP will cooperate with the government in its efforts to find an amicable solution to the current political impasse in the Maldives.”

The president’s office said the president forwarded congratulations to the leader of DRP Ahmed Thasmeen Ali, deputy leaders, others on different posts and its members.

Ruling Maldivian Democratic Party (MDP) also congratulated DRP on the occasion: “On this delightful occasion we wish the party progress and many successful days.”

Last night DRP held a special rally at the artificial beach to celebrate the party’s fifth anniversary. Leader of DRP, Ahmed Thasmeen Ali and Leader of the Jumhoory Party (JP) Gasim ‘Buruma’ Ibrahim addressed the people who attended the ceremony.

“We were unable to conduct our fifth anniversary as we expected due to the political challenges we have to face now,” said Thasmeen. “Today we are witnessing the executive power trying in different ways to change this country into a dictatorship, and this is the time we have to work against the threat and challenges.”

He said the opposition parties should be ready at the front line to “sacrifice” themselves to prevent the government from demolishing democracy.

“The constitution is fine, there is no place to amend or change it,” Thasmeen said, in reference to Nasheed’s suggestion yesterday that the constitution may need to be amended if the crisis continues.

“I want to say, if the president can’t obey the constitution, then he should resign,” said Gasim. “President Mohamed Nasheed is not a sincere and honest person.”

Gasim pledged that the opposition coalition would “work to eliminate corruption from the country”, and called on the president to resign.

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Yameen’s “protection” is constitutional: Nasheed

President Mohamed Nasheed insisted today in the face of repeated queries by the press that opposition-aligned People’s Alliance (PA) MP Abdulla Yameen’s detention or “protective custody” was not unconstitutional.

As a court of law has not ruled that the detention was unlawful, said Nasheed, the Maldives National Defence Force (MNDF) acted within the bounds of the law and the constitution.

“It’s going to be very difficult for us to legitimise the process [of the corruption investigation] through the present judiciary,” he acknowledged, adding that while a new President and Parliament had been elected after the ratification of the constitution in August 2008, the judiciary remained unchanged.

“We have done nothing to upgrade or bring the judiciary to the present constitution’s standard,” he said. “So unless and until we do something about that it’s going to be very difficult for us to legitimise [the cases], for the people to understand how the judiciary works.”

He stressed that “all the arrests, actions and omissions” of the government were within the bounds of the law.

“There’s not a single step that I have taken that cannot be completely and fully justified in a court of law,” he claimed.

Asked about his remarks at an MDP rally on “stepping outside the chart”, Nasheed explained that “chart” was commonly used to refer to either “a process, or an agenda, or a manifesto, or a roadmap.”

Opposition parties have strongly condemned Yameen’s detention, arguing that rule of law no longer existed in the country following the intervention of the military.

Meanwhile, a letter sent to parliament yesterday by Defence Minister Ameen Faisal states that Yameen was taken into “protective custody” by the MNDF under legal authority granted by articles 105(b) and 243(a) of the constitution.

As an angry crowd outside Yameen’s residence was “expressing hostile sentiments and throwing stones”, it continues, and riot police were in need of reinforcements, MNDF took into consideration the threat to public safety posed by a possible confrontation between the crowd and a second group that was gathering in opposition.

Moreover, it adds, at a time when “cases related to national security” were emerging, MNDF decided that Yameen had to be placed under “protective custody” for the security of both Yameen and the community.

“As the situation in Male’ was worsening, the national security council held a meeting on July 15 2010 and decided to keep Yameen under protection,” it reads. “He is now being held in light of secret information that emerged during an investigation conducted under article 24(a) of the Defence Forces Act following violent clashes between Yameen’s supporters and those opposed to him and the sudden unrest in the political sphere.”

Asked whether Yameen would be released to participate in any cross-party talks, President Nasheed replied it would require the national security council chaired by the Commander-in-Chief to believe the situation that warranted the move had changed.

“I can’t take a risk when it involves a person’s security,” he said.

President Nasheed was further adamant that his administration would not face any international pressure or sanctions due to Yameen’s detention.

He had personally explained the situation clearly to leaders of friendly nations during the past week, Nasheed said.

International pressure was brought to bear on countries “when people are put in solitary confinement for 18, 19, 20, 22 months on end, pilloried, handcuffed, when people are killed and their property confiscated.”

As the current administration would not commit such “atrocities,” Nasheed reiterated he had “complete confidence” that the country would not face international pressure.

The Supreme Court ruling ordering the release of accused MPs Abdulla Yameen and Gasim Ibrahim had “in a sense invalidated the Police Act” and undermined police ability to maintain law and order.

It was under such circumstances, said Nasheed, when people were gathering outside the MPs homes in protest, that the decision to “isolate” Yameen was made.

On the alleged corruption and bribery in parliament, Nasheed said police will conclude their investigations and forward cases to the Prosecutor General’s office.

The president hinted that he would offer clemency to opposition politicians found guilty in court.

Constitutional crisis

While police have complained of obstacles to their investigation of “high-profile corruption cases”, President Nasheed argued that “some laws” passed by the parliament were making it difficult for a presidential system to function effectively.

“In my view, the essence of this is connected to the form of the constitution,” he said, adding that teething issues in implementing the constitution must be resolved.

There were two ways to resolve the present constitutional crisis, said Nasheed, both of which involve bringing amendments to the constitution.

“One way is for all political parties to agree to amend the constitution to change to a parliamentary system,” he suggested, adding that he was ready to face any election in the event.

As the existing constitution allows parliament to block executive functions, said Nasheed, the government could neither ensure economic development nor offer basic services effectively.

“If opposition political parties did not believe [changing to a parliamentary system] would be best, the second way is for us to perfect the presidential system,” he said.

The second option would be to amend the constitution by adding provisions “to the extent that [the main opposition Dhivehi Rayyithunge Party] DRP called for when it advocated for a presidential system” in the October 2007 public referendum.

While the ruling Maldivian Democratic Party (MDP) campaigned for a parliamentary system at the time, Nasheed said both systems were beneficial but “a middle way” was not practical.

“Either perfecting the presidential system or changing to a parliamentary system [is the choice],” he said.

As DRP Leader Ahmed Thasmeen Ali has signalled the opposition’s desire for dialogue, President Nasheed said he was willing to engage with opposition MPs to resolve the deadlock in parliament, adding that he hoped the process would begin today.

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Parliament ceases to function, while HRCM calls on government to release MP Yameen

Parliamentary Speaker Abdulla Shahid this morning cancelled parliamentary sittings until the government releases MP Abdulla Yameen from MNDF “protection” on ‘Aarah’, the presidential retreat.

The Human Rights Commission of the Maldives (HRCM) has meanwhile issued a statement calling on the government to release Yameen from his ‘protection’ at Aarah.

“On July 15 the Maldives National Defense Force (MNDF) arrested Abdulla Yameen Abdul Gayoom, and since then it has been five days and he has not been presented to court,” HRCM said in a statement.

“He is held in custody against article number 49 of the constitution,” the commission claimed.

“Although he was isolated for his own protection, violating article 49 is unconstitutional, and therefore the HRCM calls on the government to follow the constitution and release Yameen immediately.”

The statement cited article number 48(D), which states that any person arrested should be brought before a judge to determine the validity of the detention period, and claimed that defence forces did not follow the article.

“We note that the defence forces have not attended the criminal court and have ignored the court’s order to summon Yameen to court,” the statement added.

The MNDF told parliament in a letter read out in yesterday Yameen was not being held pending criminal investigation, but for his own “protection” based on “secret” information received on July 15.

In its statement, HRCM claimed that “as the Maldives is a country which has a infant democracy, the people of the Maldives and the government should uphold the constitution and democratic principles.”

The commission said that to ensure people’s confidence in a democratic system of government, it was important to establish a culture that respected human rights, justice, and equality in Maldivian society.

The MNDF maintains Yameen was taken to the Presidential retreat for his own protection and on his request.

However in a phone call with Minivan News, Yameen, who is accused by the government of corruption and treason, claimed the MNDF took him to the retreat forcibly in an attempt to cool the situation in Male’.

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Nazim and MDP MP Musthafa arrested for bribery, released by court

The Criminal Court today ordered the release of ruling Maldivian Democratic Party (MDP) MP Mohamed Musthafa and Deputy Speaker Ahmed Nazim of the opposition People’s Alliance, who were arrested in the early hours of the morning on suspicion of bribing MPs and a civil court judge.

Chief Judge Abdulla Mohamed ruled that there were no reasonable grounds to grant an extension of the MPs’ detention based on the evidence presented by police.

“Both of them were arrested last night on charges of bribing a civil court judge. According to the information we have, they offered US$6,000 and a two-way ticket for a trip abroad, and exerted influence on a civil court case,” said the police lawyer in court today.

“If they were released from detention, it could potentially obstruct the investigation of the case and we therefore request [authorisation] to to keep them in police custody.”

Police obtained a recording of a conversation on July 18 that implicated both MPs in the alleged crime.

Dhiggaru MP Nazim, also the Deputy Speaker of Parliament, has been under house arrest after being charged with bribery, attempting to influence independent commissions and plotting to physically harm political opponents.

“It is just the onset of the investigation and there is a wide opportunity for them to destroy evidence if they were released, and we still have more to find out,” the police attorney continued. “We note that this is the third such case against Nazim.”

As the crime was “sinister” in nature, he added, the MPs’ release could “disrupt the peace and harmony of the nation” and pose dangers to the society.

Asked by Nazim’s defence attorney Mohamed Saleem for details of the allegations of bribery in parliament, the lawyer replied that the information could not be disclosed at the current stage of the investigation.

In his turn, Saleem accused police of “abusing” the rights of the MPs.

“Police showed no respect at Nazim’s residence, used force, tore down the door of Nazim’s house and broke using force and weapons and disrupted the peace,” he claimed.

Saleem presented the court CCTV footage of the arrest, which reportedly lasted over half an hour when Nazim refused to cooperate with police.

The judge asked police who granted them “authority to destroy people’s property”, the police lawyer replied that it was “only to reach Nazim”.

Reprimanding the police, Judge Abdullah Mohamed said the arrest warrant did not authorise police to destroy private property.

Police informed local media early on Monday morning that despite the arrest warrant issued after midnight last night, Nazim had refused to either answer his phone or reply to a text message requesting his cooperation.

Saleem said a recent Supreme Court verdict declaring the arrests of MPs Abdulla Yameen and Gasim Ibrahim illegal should be considered as precedent in this case.

Requesting a ruling to hold police in contempt of court for violating the constitution, he added that police were ignoring the Supreme Court verdict.

Media present at the court, including Minivan News, observed that Television Maldives (TVM) was denied access to the court chamber. On Saturday night the station aired damning claims by police officials that the criminal court was regularly obstructing their investigations of “large and serious” crimes, and evidence presented to judges was being leaked to defense lawyers.

Sub-Inspector Ahmed Shiyam confirmed that Nazim and Musthafa had been released from custody, and stated that police would continue to investigate the two MPs over the corruption allegations and hoped “to finalise the investigation quickly.”

“Sacrificed”

Addressing the judge, MP Mustafa claimed that police had violated numerous articles of the constitution as well as the chapter of rights and freedoms in his arrest.

The ruling party MP said the government had “sacrificed” him to justify its investigation of MPs to the international community.

“Don’t think that you also won’t be sacrificed one day,” said Mustafa, pointing at police. “I was one of the men who sacrificed their life to bring this government to power, but last night they sent police squads and abused me physically and psychologically.’’

Musthafa spoke vocally against corruption of the judiciary over a loudspeaker during the first gathering of the ongoing ‘People’s Court’ protests by the MDP, held earlier this week.

Parliament today

Both MPs were meanwhile escorted to today’s sitting of parliament, which was cancelled due to the controversial detention of Mulaku MP Abdulla Yameen, who remains under Maldives National Defence Force (MNDF) ‘protective custody’.

Raising a point of order shortly after today’s sitting began, Musthafa demanded to know whether Speaker Abdulla Shahid was informed before he was “arrested and taken by a 25, 30-man military force that entered my house in their [military] boots last night at 2.45am.”

“The charges against me are that I conspired to bribe MPs and I am suspected of bribing judges of the court,” he continued. “And it’s also suspected that, asked by former President Maumoon Abdul Gayoom, I tried to bribe the President, Speaker of Parliament and the Chief Justice, these three people. So I want to know: did I talk to the Honourable Speaker to offer you a bribe? Then I want to clarify with the President – did I plan to bribe him? Then I want to question Maumoon Abdul Gayoom, did you ask me to bribe the three powers?”

Shahid answered that the Commissioner of Police Ahmed Faseeh informed him by telephone after midnight of the impending arrests, adding that he requested arrangements to be made to escort the detained MPs to parliament in the morning in accordance with articles 202 through 205 of the Majlis rules of procedure.

Responding to criticism that the Speaker should have instigated an internal investigation in the wake of the corruption allegations, Shahid said the parliament, as an institution where decisions are made politically, should not become involved in a criminal justice matter.

In subsequent outbursts, Musthafa claimed that police had put in solitary confinement and “physically and psychologically” harmed him.

“It is your [Speaker Shahid’s] responsibility to look into this,” he said. “I am under arrest and said to have bribed the three powers of state. It is your responsibility to clarify this. Abdullah Yameen isn’t the only person isn’t this Majlis. We can take solitary confinement, it is you who can’t endure it.”

Responding to Musthafa’s question as to why he was placed in solitary confinement while Yameen was taken to presidential retreat Aarah, Shahid said “it wasn’t the Speaker of Parliament who did that.”

On the detention of MPs, said Shahid, the Speaker was required to submit the case to the parliamentary privileges commitee within 24 hours of the arrest and seek the committee’s counsel.

Reaction

The President’s Press Secretary Mohamed Zuhair would not comment specifically on Musthafa’s case, adding that it was a police matter, but said the government would do “everything in its power to expose corruption” regardless of political alignments.

“The President said following the resignation of cabinet that he was prepared to even investigate members of his own family in his efforts to eliminate corruption,” Zuhair said.

“[Musthafa’s arrest] I believe highlights the government’s intention to investigate parliament and the judiciary regardless of party politics.”

MDP Chairperson Mariya Didi said she was “really surprised” to hear of Musthafa’s arrest, but promised that the party would be indiscriminate when it came to purging corruption.

However Mariya said she was concerned about the executive’s ability to see cases to their conclusion through the current judiciary.

“People have lost faith in the system – it is no longer just about parliament,” she said. “The public are very annoyed at the judges as well – it is not enough for justice to be done, justice must be seen to be done.”

The public’s lack of faith in the court’s ability to rule fairly in cases concerning wealthy, established and powerful individuals had led people to “feel hopeless” about any resolution to the current crisis.

Law and order has to be kept, but the whole place is a mess,” she said. “These are not political opponents [on trial], this is Gayoom’s younger brother (Yameen), and people who were ministers in Gayoom’s regime of 30 years.

“This one and a half years has been quite rough, but we have not arrested our political opponents as many urged us to do. [MDP] lost the parliamentary elections and became unpopular because of that,” she said.

“I don’t know how the international community must see it – they probably see it in terms of the same sorts of laws and practices as they used to in the West. The fact that most of the judges were appointed during and even before Gayoom’s 30 year regim is very difficult for them to understand,” she added.

“It took the Western world a very long time to reach where they are, and it’s unfortunate that they seem to expect us to get there overnight.”

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