Month: August 2012

President Nasheed’s representative to CNI alleges February 7 draft report missed several facts

Former President Mohamed Nasheed’s representative on the Commission of National Inquiry (CNI), Ahmed ‘Gahaa’ Saeed, has today expressed deep concern over the draft report compiled by investigation’s co-chair, retired Singaporean Judge G P Selvam.

In a brief statement provided to media today outside Muleeaage, Saeed said that the draft report produced by Selvam “somewhat refutes or denies what we Maldivians saw and experienced” on February 7.  Former President Nasheed resigned during the day under what he later claimed was “duress” after elements of police and the army mutinied at Republic Square.

“I accepted membership of the Commission of National Inquiry with the weight of responsibility of carrying the hopes of you, the Maldivian people. The Maldivian people saw the first democratic government formed under the constitution adopted in 2008 as a good reform – a golden opportunity to revise the constitution and establish a democratic system and rule of the people. [The people] saw it as an opportunity to move away from the culture of arresting and banishing previous rulers and establishing a culture of changing governments through the vote and not through coup d’etats,” Saeed said today.

“February 7, 2012 was a day that shocked Maldivians – a day when the Maldivian government was changed in a sudden confusion. Now, however, the report that Judge Selvam has drafted and brought is a draft that somewhat refutes or denies what we Maldivians saw and experienced – or a draft that somewhat confuses things, the way it is now.

“While this is happening, for me to stay here, at Muleeage, would I believe be a betrayal of my country and the Maldivian people. I see the draft report as having been written without considering the witness testimony of many, many people to CoNI as well as the many scenes we saw.”

Saeed added that he would continue to work to “include my concerns” in the final report. He was not responding to calls from Minivan News at time of press regarding his comments.

Following Saeed’s statement, the formerly ruling Maldivian Democratic Party (MDP) convened an emergency meeting of the party’s National Council.

A resolution proposed by former minister Mohamed Shihab and seconded by MP Mariya Ahmed Didi expressing concern in line with Saeed’s views on the draft report was adopted with unanimous consent.

Speaking to Minivan News, MDP Spokesperson Hamid Abdul Ghafoor said that the information in the current “domestic draft” report was not acceptable.

“What [Saeed] is saying is that they have omitted several details that they found from the investigations, so he is asking to make the report accurate in reflecting this,” he explained.

However, he observed there was room for the CNI’s findings to still find consensus before its public release on Thursday (August 30).

“The CNI report should be something that all its members have to agree upon so without MDP’s word, the report would not be authentic,” Ghafoor said.

“There is a draft out there that appears to conclude that there was no police mutiny [on February 7], this is just not acceptable given what the public saw,” he claimed.

President’s Office spokesperson Abbas Adil Riza and Media secretary Masood Imad were not responding to calls by Minivan News at the time of press.

The first three-member CNI was appointed by President Mohamed Waheed, following a police and military mutiny and Nasheed’s resignation on February 7. Both Nasheed and the MDP allege that his resignation was made under “duress” and was therefore a “coup d’état”.

Facing pressure from the Commonwealth and civil society NGOs, the government eventually agreed to reform the commission to include a retired Singaporean judge and a representative for Nasheed.

Nasheed’s representative, Saeed, who was formerly both Principal of ‘Ahmadiyya School’ and Deputy Principal of the British College of Sri Lanka was finally accepted after the government of President Waheed rejected almost 11 names Nasheed proposed to the commission.

The original members of the CNI subsequently released a ‘timeline’ into events that took place from January 16 to February 7.

The MDP accused the commission of trying to prejudice the work of the new commission, and then released its own version of events in response – the ‘Ameen- Aslam’ report based on interviews with the security services. The government described the publication of this report as a “terrorist act”.

An audio clip of Saeed’s statement

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MDP alleges “mutinying” police officers planning Male’ “havoc” as attentions turn to CNI conclusion

The Maldivian Democratic Party (MDP) has alleged mutinying sections of the police plan to create unrest and violence on the streets of male’ as senior politicians begin contemplating the release of findings by the Commission of National Inquiry (CNI) next week.

The opposition party has claimed “rumours”were being spread across the nation by “mutinying” officers that certain sections of the police planned to take to the capital’s streets to create “havoc” as the CNI’s findings were released to the public in order to “protect” the current government. In a statement, the MDP said it was calling on the nation’s police and military institutions to be vigilant over accusations that certain officers may try to use violent tactics to create instability.

The CNI, formed by President Dr Mohamed Waheed Hassan to investigate the controversial transfer of power that brought his government into power on February 7, is set to publicly release its findings on Thursday (August 30).

Senior figures on both sides of the country’s political divide have in recent days been addressing the potential for violence between protesters and national security forces once the outcome of the CNI’s investigation is known.

Speaking to local media this week as part of coverage of his official visit to Sri Lanka, President Waheed said that no party will be allowed to create unrest in relation to the CNI report and its findings.

President Waheed, during the trip, has also continued to reject opposition allegations that he had come to power in a “coup d’etat”, claiming in the international media that the Commonwealth has been “premature” in its calls for elections to be held during 2012.

“Since they made the demand, these people (the Commonwealth) have come to their senses,” the president was reported by the Agence France-Presse (AFP) news service as telling media gathered in Colombo. “The Commonwealth has realised that they made a demand that cannot be met. It was a premature demand.”

The Commonwealth Secretariat was not able to respond to queries by Minivan News at the time of press. President’s Office Spokesperson Abbas Adil Riza was also not responding to calls to clarify the comments.

The president yesterday announced that he would also be inviting political representatives to fresh All Party talks within the next few days. However, the government has maintained that it would not discuss potential outcomes of the CNI until the commission’s findings are released.

The President’s Office last week said the government was not considering “special” preparations to address the findings of the Commission of National Inquiry (CNI), adding it not expect any “abnormal” outcome from the report that would see its legitimacy questioned.

“Irresponsible”

MDP Spokesperson and MP Hamid Abdul Ghafoor has claimed that the government was “irresponsible” for not agreeing a “ managed transition” in order to set out a plan to deal with the potential outcomes from the CNI’s findings.

Despite having previously agreed on August 14 to a proposal to discuss three different potential scenarios regarding the CNI’s conclusions, Ghafoor alleged the government has failed to respond to the suggestion by August 18 as promised by Vice President Mohamed Waheed Deen at the time.

“It is the responsibility of the government to address how to move forward with the CNI outcomes. So far we are the only ones to propose a possible solution,” he said. “What happens if the CNI should rule it was a coup? We would then have a situation where the people who are in power having to take action against themselves.”

However, the MDP’s allegations that certain elements within the police were potentially planning acts of violence in the country were condemned by the Maldives Police Service (MPS) today.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan New that the party’s comments reflected what it said were attempts by former President Mohamed Nasheed to “erode public trust” in the police and create “fear” among the general public.

“The police are always professional. Right now we are taking precautions regarding information we are receiving,” he claimed

Haneef added that the authorities would be stationing officers around the country, adding that the police would “not tolerate unrest”.

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Detention extended for suspects charged with threatening Judge Abdulla Mohamed

The Criminal Court has extended the detention of two men arrested on suspicion of harassing and threatening Criminal Court Chief Judge Abdulla Mohamed for a further 15 days.

Police Sub-Inspector Hassan Haneef said Wednesday (August 22) that the court has extended the detention of both men by 15 days in order to further investigate the charges against them.

The two men were arrested on charges of having harassed Judge Abdulla Mohamed on his personal trip to Raa Atoll Maakurathu on August 17.  They have been in police custody since then.

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Nasheed “highest authority liable” for Judge Abdulla detention: HRCM

The Human Rights Commission of the Maldives (HRCM) has concluded former President Mohamed Nasheed was the “highest authority liable” for the military-led detention of Criminal Court Chief Judge Abdulla Mohamed.

Along with Nasheed, the report concluded that the former president’s Defence Minister, Tholhath Ibrahim Kaleyfaanu, was a second key figure responsible for the decision to detain Judge Abdulla on January 16.

The commission stated that the judge was not physically harmed during the 22-day detention at the military training island of Girifushi.  However, the HRCM did claim that the government had “violated his human dignity” and made attempts to manipulate the judge through a psychologist who visited him at the facility where he was detained.

These alleged attempts at manipulation were said to include efforts to remove the judge from his senior position, as well as forcing him to leave the country, the commission’s findings stated.

“The investigation reveals the highest authority liable for the arrest and detention of Judge Abdulla at Girifushi, as well as depriving him of fundamental constitutional rights, is former President Mohamed Nasheed.  Under him was the former Minister of Defence and National Security Tholhath Ibrahim Kaleyfaanu who gave orders to the Maldives National Defence Force (MNDF),” the HRCM added.

“Furthermore, as this operation was carried out by the MNDF, the [commission] believes that the Chief of Defence Force, Moosa Ali Jaleel should take responsibility.  Those who issued unconstitutional orders and those who obeyed the orders must also share responsibility on various levels,” the commission added.

The commission’s findings released on Tuesday (August 21), concluded that Judge Abdulla’s arrest was a clear violation of both the country’s laws and its constitution.  The report also stated that judge’s human rights and fundamental freedoms, guaranteed under international law, were also denied.

HRCM explained that its investigation had found that the pair were both behind the “unlawful orders” to approve the judge’s arrest, which was a violation of article 46 of the Constitution, particularly violation of Article 12 clause (a) of the Judges Act.

Article 44 of the Maldives Constitution states: “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Article 12 clause (a) of the Judges Act states that a judge can be arrested without a court warrant, but only if he is found committing a criminal act. The same article also states that if a judge comes under suspicion of committing a criminal act or being about to commit a criminal act, they can only be taken into custody with a court warrant obtained from a higher court than that of which the judge presently sits on.  This warrant has to be sought by the prosecutor general.

However, the commission observed that the warrant was not obtained.  Additionally, orders to release the judge by the Supreme Court, High Court, the country’s lower courts and the prosecutor general were ignored.

Both Nasheed and Tholhath, alongside former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are already facing charges for their alleged role in detaining Judge Abdulla in January.

The charges include a breach of article 81 of the Penal Code: “Arresting an innocent person intentionally and unlawfully by a state employee with the legal authority or power vested to him by his position is an offence. Punishment for a person guilty of this offence is imprisonment or banishment for 3 years or a fine of MVR 2000 (US$129.70).”

These charges were filed by the Prosecutor General’s Office in July, based on the findings of HRCM investigation, which were not publicly released at the time.

The judge was arrested by the military on request of police after he blocked a summons to present himself to the police headquarters for questioning and later opened the court outside normal hours to order the immediate release of current Home Minister and Deputy Leader of the Dhivehi Quamee Party Dr Mohamed Jameel Ahmed.  Jameel was arrested after the President’s Office requested an investigation into so-called “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

The government contended that the judge was a “threat to national security” after he lodged an appeal at High Court to cancel police summons, which granted an injunction until it reached a verdict on the appeal.

The Nasheed administration accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

In August 2010, the judge was publicly accused by the police of “obstructing high-profile corruption cases.”

However, the commission’s report concluded that its investigation proved that Judge Abdulla was not a threat to national security, on the grounds that no meeting of the National Security Council was held at the time.

The Commission also observed that its requests and attempts to visit Judge Abdullah were unfulfilled by the MNDF and government.  Conversely, it  deemed the arrest as an attempt to “influence” his role as Criminal Court chief judge.

The HRCM report also identified what it called breaches of multiple rights and freedoms of Judge Abdullah during the detention process.  These were said to include; the right to be treated equal before law and right to the equal protection and benefit [article 20];  right to life, liberty and security [article 21]; freedom to travel or move within and outside the country [article 41]; Procedurally Fair and and lawful administrative action [article 43];  the right to be to be informed immediately of the reasons for detention and to be brought within24 hours before a Judge [article 48(a) and  (d) ]; right to the assistance of legal counsel [article 53] and no subjection to cruel, inhumane or degrading treatment or punishment, or to torture under [article 54].

Furthermore, it noted that the arrest of the Judge contravened section 8 of the Universal Declaration of Human Rights which states: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

Furthermore, violations were said to include, the right he “not be subjected to arbitrary arrest, detention or exile” [section 9] and similarly not being subjected to arbitrary interference with his privacy, family, home or correspondence, nor to suffer attacks upon a person’s honour and reputation. Everyone has the right to the protection of the law against such interference or attacks [section 12].

HRCM has also observed that “anyone who is deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful” under section 9(d) of the International Covenant on Civil and Political Rights and the same declaration, section 10(a) states that: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”

It also states that the “Declaration on the Protection of all Persons from Enforced Disappearance” prohibits the arrest, detention or abduction of a person against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.

“Therefore, the [arrest of Judge Abdullah] was carried out in contravention of the aforementioned rights and freedoms guaranteed under the international declarations.” the HRCM concluded.

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Two men arrested on suspicion of brewing alcohol in Laamu Atoll

Police have arrested two men accused of brewing alcohol in an abandoned house in Gan, Laamu Atoll.

Police said three 1.5 Litre bottles and a single 20 Litre bottle all containing alcohol were found at the property upon arrival.

The two male suspects were aged 21 and 25, police said.

Police had not revealed the names of the persons arrested.

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Police discover 52 cans of beer drifting in the sea around Male’

Police discovered 52 cans of ‘Bintang’ beer drifting in the sea near Male’s West Park restaurant yesterday afternoon.

According to police, the cans were first discovered yesterday at about 4:40pm.

The Drug Enforcement Department (DED) and Marine police are keeping watch over the area.

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“The good news is that the Maldives is not about to disappear”: President Waheed

“First of all, I want give you a bit of good news. The good news is that the Maldives is not about to disappear,” President Dr Mohamed Waheed Hassan has told a group of Sri Lankan businessmen in Colombo yesterday, according to media reports.

Speaking during his official state visit to the Maldives’ closest neighbour, Waheed told an assembled group of business heads at the Hilton Colombo hotel that the country could mitigate the effects of climate change and global warming.

Waheed made the comments in an attempt to assure his audience in Colombo yesterday that steps were being taken to stabilise the political climate in the country, as well to retain investor confidence.

The President said that large sections of the state budget were currently being spent on combating coastal erosion, providing clean water for the islands and developing renewable energy to minimize overall expenditure.

Since assuming the presidency, Waheed has pledged to work towards the previous administration’s carbon neutrality strategy, while also announcing intentions to make the Maldives the world’s largest bio-reserve.

There has also been discussion of a green energy fund to raise US$100 million for renewable energy projects through voluntary tourist contributions.

The country’s energy sector had been headed for a dramatic overhaul this year before the political instability surrounding February’s transfer of presidential was claimed to have deterred potential investors in such a project.

The Scaling-Up Renewable Energy Programme (SREP) promised to attract up to $3billion in risk-mitigated renewable energy investment and reduce the Maldives’ dependency on imported oil.

The environmental obstacles besetting the low-lying archipelago had been championed by former President Mohamed Nasheed, who garnered international media attention with his underwater cabinet meetings and a promise to make the country carbon neutral by the year 2020.

Nasheed’s media campaign was covered in the documentary film, “The Island President”, which highlighted his negotiations at the 2009 Copenhagen Climate Summit.

Before assuming office, Nasheed told international media that he had discussed the idea of purchasing land in Sri Lanka, amongst other nations, “as an insurance policy for the worst possible outcome.”

Investor Confidence

Waheed assured his audience in Colombo yesterday that the government was also focused on bolstering investor confidence.

Threats to renationalise Ibrahim Nasir International Airport (INIA) – currently being developed by Indian company GMR – have recently brought calls from within the national-unity government for greater consideration of the longer-term impact on foreign investment.

President Waheed is also reported as having told Sri Lankan media that both the economy and the tourism industry, which indirectly contributes around 70percent of GDP, were growing.

A President’s Office statement, however, has reported that Waheed told the group gathered at the Hilton that there had been a decline in the tourism industry recently.

The Tourism Ministry’s most recent figures show that, compared with the same point in 2011, tourist arrivals were up by 2.8 percent, whilst occupancy rates had dropped 1.2 percent.

Figures published by the Maldives Monetary Authority (MMA) show that the economy was expected to grow by 5.5percent this year, a slight slow down on the previous year.

Tourism Minister Ahmed Adheeb, who is accompanying President Waheed to Sri Lanka, was unavailable for comment when contacted today.

At present, a key economic concern to the government is the current budget deficit, anticipated to reach MVR9.1billion (US$590million) – over 28 percent of nominal GDP.

Haveeru reported that Waheed has informed the Sri Lankan press of austerity measures which were delivered to the Majlis by the Finance Ministry earlier this month.

The Sri Lanka Daily News meanwhile reported that he was in the process of finalising agreements which would strengthen bilateral ties in trade and investment as well as the legal and the educational sectors.

Minister for Economic Development Ahmed Mohamed and President’s Office Spokesperson Abbas Adil Riza were not responding to calls at the time of press.

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Maldives Police Service to establish Law Enforcement Institute

The Maldives Police Service (MPS) has said it soon expects to open a Law Enforcement Institute in Male’, providing officers with opportunities for further education up to degree-level.

Police Commissioner Abdulla Riyaz, speaking during a speech at the certificate awarding ceremony of the 21st Police Recruit Training Course, discussed ongoing plans to establish a career path in law enforcement.  He claimed the institute, to this end, would aim to provide officers with the opportunity to complete studies up to First Degree Level.

Speaking to Minivan News today, Police Sub-Inspector Hassan Haneef said that the establishment of a Law Enforcement Institute in Male’ had been a long-term plan for the institution.  The institute is expected to to be officially opened soon, he added, with the MPS planning additionally to open up the courses to interested members of the public as well.

According to a release on the official MPS website, Commissioner Riyaz also spoke of the importance of all officers speaking to members of the general public with due respect.

Riyaz also said that the country was now in a politically sensitive period after having recently come through a lot of social and political changes, and that it was the responsibility of the police to maintain the nation’s unity. He added that completely new offences were now being committed in the country – particularly at a time when crime rates were at a record high.

Riyaz said that police were also facing challenges due to instances where officers, in trying to maintain peace, were being obstructed and harassed in the course of their work. He also claimed that police officers faced physical harm and even death due to such actions.

The comments were made as the role of the police force in the Maldives, particularly during February’s controversial transfer of power, faces scrutiny from institutions including the Police Integrity Commission (PIC) and the Human Rights Commission of the Maldives (HRCM).

Earlier this week, the HRCM claimed a police crackdown on a Maldivian Democratic Party (MDP) march across Male’ on February 8, which left dozens of demonstrators injured was “brutal” and “without prior warning,” in an investigative report (Dhivehi) released to the public.

The Police Integrity Commission (PIC) has meanwhile stated its own intention to release findings from ongoing investigations into alleged breach of laws and regulations by officers during the lead up to and in the direct aftermath of February’s controversial transfer of power.

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Maldives to face India in Nehru Cup tonight

The Maldives National Football team face hosts India in their second match in the 2012 Nehru Cup this evening after recording victory over Nepal on Thursday (August 25).

The Maldives squad beat the Nepalese 2-1 with goals from Abdulla Asadhulla and  Easa Ismail in the 7th and 77th minutes respectively. With practically the last kick off the game, Jumanu Rai grabbed a consolation goal for Nepal.

Meanwhile, India beat Syria on the opening day of the tournament by the same score, prompting their Dutch coach, Wim Koevermans, to predict a place in the final for his defending champions if their form continued.

In contrast, Maldives coach, Istvan Urbanyi, has told India Today of his concerns regarding his team’s fitness.

“Most of my players have just come after a month of observing Ramadan. Also, we had little practice before coming here,” said Urbanyi.
Tonight’s match kicks off at 7:00PM (IST) – 6:30PM in Male’.
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