“JSC politicised, trying to eliminate Nasheed and MDP from elections”: JSC Member Shuaib

Judicial Services Commission (JSC) member Sheikh Shuaib Abdul Rahman has spoken out against the judicial watchdog body, declaring it as politicised and attempting to eliminate former President Mohamed Nasheed from the September 7 elections.

The JSC has not only created the Hulhumale’ Magistrate Court in which the former President is being tried, but has appointed the three-member panel of judges overhearing the case. The JSC’s membership includes several of Nasheed’s direct political rivals, including Jumhoree Party leader and resort tycoon Gasim Ibrahim, one of Nasheed’s rival presidential candidates.

Sheikh Rahman, the member of the commission appointed by the public, said political influence of the commission had heightened after Gasim had been appointed.

He is the second JSC member to blow the whistle on the Commission, echoing the concerns of JSC member Aisthath Velezinee who was stabbed in the street in early 2011.

Sheikh Rahman made the remarks during a live appearance on local TV channel Raajje TV, just over a week after UN Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul also aired concerns over the JSC in a statement following a fact finding mission to the Maldives.

Speaking on the show, Sheikh Rahman said the JSC had openly discussed their intent to ensure the elimination of the Maldivian Democratic Party and presidential candidate former President Mohamed Nasheed from the upcoming elections.

Sheikh Rahman alleged that Chair of the Commission, Supreme Court Judge Adam Mohamed, had abused his post and powers as the chair to try and eliminate Nasheed from contesting the elections, and alleged that Adam Mohamed had “used the commission as a political tool”.

“The politics of the majority control the commission, hence the rule of law, due process and due diligence do not exist in the JSC,” Sheikh Rahman stated. “The commission has no amount of respect for constitutional principles.”

“It is common now to hear a lot of MDP and Nasheed bashing in commission meetings. This was not how things usually were before. I believe politically biased comments like this have increased since Gasim joined the JSC as a representative of the parliament,” Sheikh Rahman continued.

“Gasim even went to the point of asking the UN Special Rapporteur Knaul when she held a meeting with us to state in her report that it was MDP who torched the courts. I heard him say exactly that,” Sheikh Rahman said.

JSC Chair abuses power to continue running unlawful Hulhumale’ Court

Sheikh Rahman further revealed that the JSC had “handpicked” magistrates to preside over the case against Nasheed, for his detention of Criminal Court Chief Judge Abdulla Mohamed.

He said that the JSC’s intention in assigning the case at the Hulhumale’ Magistrate Court to the three specific magistrates was for the explicitly stated purpose of “sentencing Nasheed”.

According to Sheikh Rahman, the Hulhumale’ Magistrate Court was initially established through misinformation and manipulation of the commission on the part of JSC Chair Adam Mohamed.

“The Hulhumale’ Magistrate Court is actually abolished automatically with the concept of judicial districts coming into effect upon the ratification of Judicature Act on 10 August 2010. And yet, they continue to run the court,” Sheikh Rahman stated.

He went on to say that as the constitution defines Hulhumale’ and Villingili as parts of the capital Male’ city, there was no authorisation to set up separate magistrate courts on these islands.

Sheikh Rahman alleged that despite these facts, JSC Chair Adam Mohamed had invoked the theory that Hulhumale’ and Villingili were separate islands and were therefore qualified to have their own magistrate courts.

Appendix 2 of the Constitution of Maldives which defines administrative divisions, states that Male’ is inclusive of Villin’gili and Hulhumale’.

Sheikh Rahman revealed that he had, as a member of the JSC, submitted a complaint to the commission to review the decision regarding the court on the grounds that it was unlawfully established. He stated that his attempts were in vain as Chair Adam Mohamed had once again abused his powers and refused to schedule the matter during the commission sessions.

Sheikh Rahman stated that he had made multiple requests for a decision on the Hulhumale’ Court, all of which was rejected by the chair. He confirmed that he had not received any written or official responses to the motions he submitted on the matter.

“Another false justification that Adam Mohamed used is that the matter cannot be discussed in the commission as it referred to an ‘ongoing case’,” he said.

UN Special Rapporteur Gabriella Knaul also criticised the ‘arbitrary appointment’ of judges to Nasheed’s case. She also stated that the Hulhumale’ Court did not have the constitutional mandate to oversee the specific case.

Former JSC member Velezinee also repeated her concerns about the politicisation of the JSC at a recent press conference held to share her remarks on the preliminary findings of UN Special Rapporteur Gabriela Knaul.

Incumbent JSC Member Gasim Ibrahim, meanwhile called Knaul’s findings ‘lies and jokes’ at a JP party rally.

The Hulhumale’ Court meanwhile on Wednesday refused to delay Nasheed’s trial until after the elections, despite the prosecution stating they had no objection to such a decision.

Gasim Ibrahim was not responding to calls at time of press.

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Hulhumale’ Magistrate Court refuses to delay Nasheed’s trial until elections, despite no objection from PG

The Hulhumale’ Magistrate Court has decided to halt the ongoing trial of former President Mohamed Nasheed for four weeks.

The former President is charged with the controversial detention of Chief Judge of Criminal Court Judge Abdulla Mohamed during the last days of his presidency.

During Wednesday’s hearings, Nasheed’s legal team requested the court delay the trial until the end of the scheduled presidential elections in 2013,  and in a separate request, asked the court for a delay in proceedings by four weeks.

The court stated that the request was made in a letter it had been sent by Nasheed’s legal team.

Following the request, the prosecution told the three-member panel of judges that they “did not have any problem” with withholding the trial for four weeks, and they “did not object to delaying the election until the end of the scheduled presidential elections in September 2013.”

Judges repeatedly questioned the prosecution on this statement.

In response, the prosecution repeated the statement, adding that the phrases “not objecting” and “not having a problem” had two different meanings, but did not explain further.

After a short break, the judges dismissed the request to delay the trial until the end of the elections, but agreed to withhold it for four weeks, stating that the panel of judges by majority “had decided to proceed with the trial”.

Nasheed’s lawyers subsequently contested the decision, claiming that continuing the trial could compromise the rights of many people, arguing that Nasheed was the presidential candidate of the largest political party in the country, the Maldivian Democratic Party (MDP).

The latest statistics from Elections Commission show the MDP currently holds a membership of more than 46,000 members, in a country with a population of 320,000.

However, the court stated that Nasheed’s claim he was the presidential candidate of a political party lacked legal grounds to support it, as presidential candidates were decided by the Elections Commission after it opened the opportunity to file presidential candidates.

The judges then repeatedly asked the prosecution to state whether they wanted to delay the trial or not. However, the prosecution maintained that it was not their request to delay the trial, but said they would not object to this.

The sitting judges concluded Wednesday’s hearing stating that another hearing would be scheduled after the four week break.

Nasheed’s lawyers after the hearings stated that they would appeal the decision made by the magistrate court in the High Court.

Member of Nasheed’s legal team Abdulla Shairu stated that he was surprised by the decision reached today by the court , as this was the first time it had decided to go on with a trial while both defendants and the prosecution had not objected to a delay.

The hearing was attended by senior members of the MDP, including its parliamentary group members.

Nasheed was also released from police custody as the court order to hold him expired.

Earlier, the former President’s legal team’s appeal to the Criminal Court for a writ of Habeas Corpus demanding his release from custody, however this was rejected by the court without a hearing.

The team made the appeal to the court on Tuesday evening. The Criminal Court subsequently requested police to provide the details of the detention.

In a notice sent to member of Nasheed’s legal team Hisaan Hussain, the Criminal Court stated that former President Nasheed had been arrested as per a court order, therefore could not be released.

Speaking to Minivan News, Kirsty Brimelow QC, one of three UK-based experts on former President Mohamed Nasheed’s legal team said that there remained a “strong argument” in the case that the prosecution of Nasheed was “not in the public interest”.

“It is a strong argument that a prosecution is not in the public interest. The currently constituted court comprises of judges who may be biased or have the appearance of bias. They should recuse themselves,” she argued.

“There has been no review of the original decision to prosecute in the light of the Parliamentary Select Committee’s findings,” she said. “There has been no disclosure of documents which are essential to allow Mohamed Nasheed to properly defend himself,”

She contended that the prosecution of Nasheed’s case before the Hulhumale’ Magistrate Court fell “below international standards for fair trial procedure”.

“The arrest and remand in custody of Mohamed Nasheed was heavy handed and unnecessary. Arrangements could easily have been made, at any time, for him to surrender to the court,” Brimelow added.

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Uncertainty over 2011 case of British couple killed in resort quad bike accident

The Criminal Court has said it still requires statements from the parents of a British couple killed in a quad bike accident at Kuredu Island Resort in 2011.

Swedish national Filip Eugen Petre, a son of a shareholder in Kuredu Island Resort, is currently facing trial for his alleged role in crashing a quad bike carrying British nationals Emma and Jonathon Grey at Kuredu on August 6, 2011.

The case is at a stand still as the court awaits responses from the parents of the deceased, regarding the preferred form of punishment for the accused.

However, both police in the UK and the respective families of the deceased have both insisted that the families decision has been submitted and then re-submitted to the court.

Earlier today, Director of the Department of Judicial Administration Ahmed Maajid, contacted the Criminal Court media official on behalf of Minivan News for more information on the case.

“The Criminal Court media official, Mr Manik, told me that the trial hearings are now over. However, the court is currently awaiting statements from all of the family members regarding the preferred form of punishment for the accused. Only then will there be a final verdict,” Maajid claimed.

In October, 2012, Maajid told Minivan News that the court was awaiting a response from only of the victim’s family in regard to the accused’s punishment.

“A Criminal Court media officer tells me that what remains in the case is to obtain the word of the family of one of the victims, as to whether they want a sentence of execution, or blood money or to forgive,” Maajid told Minivan News back in October.

Minivan News attempted to contact the Criminal Court media official today, but he was not responding to calls or text messages throughout the day.

Maajid, when asked to clarify the information in relation to the previous comments made by courts, said that the official from the Criminal Court had later found more information regarding the case.

“Criminal Court has said they have a statement from the mother of the deceased man. But they have not received one from the father of the man, or either of the parents of the deceased woman,” Maajid claimed.

Under Islamic law, the family of the victim is given the option to sentence the accused to execution, blood money or to forgive them.

A relation to the deceased told Minivan News today that their statements had been submitted multiple times on different occasions to the courts.

According to the relation, the last the family had been told by the court was that the final verdict of the charge would be delivered at the next scheduled hearing.

“On the last hearing, which was held on February 27, closing arguments were given by the state and the defense. The judge has stated that the final verdict of the charge would be delivered at the next scheduled hearing.

“Furthermore, in the same hearing the court indicated that, they would contact the families of the deceased if they find there is a need to do so,” the relative said the family had been told.

UK police re-submit family requests

In October 2012, UK police were made to resubmit requests from the relatives regarding the punishment.

A relation of the Grays confirmed to Minivan News in October 2012 that neither victim’s family had received any official notification from the Maldivian courts themselves.

The UK police however, through a family liaison officer, confirmed that their Maldivian counterparts were informed “months ago” of the families’ preferred sentence.

“The police have said that they are going to re-submit the issue to the Maldives police today,” claimed the relation.

“That’s what is holding up the case right now, [the police] do not seem to have forwarded this information to the courts.”

The relative added that while they did wish to see some form of punitive sentence for the driver if he was convicted, they did not want any severe or long-term action to be taken against the defendant.

“He’s just a young guy. We don’t want to see his life ruined,” the relative said.

Jonathan Grey’s mother Cath Davies told UK-based newspaper the Halifax Courier in March 2012 that the prospect of Petre facing the death penalty was “shocking. It’s absolutely horrendous.”

Previous hearings

In previous hearings, the prosecution claimed that the charge of ‘disobedience to order’ Petre stands accused of resulted from his decision to carry people on a vehicle which was not intended for passengers.

The prosecution contended that his criminal action began from the moment he allowed the couple to ride with him on the vehicle.

Presiding Judge Abdul Baary Yousuf declared in court during earlier hearings that Petre’s lawyer had himself confessed during the trial that his client had driven the quad bike carrying Emma and Jonathan Gray as it crashed on the tourist property.

As a result of this confession, the judge said the state did not have to produce any evidence to prove Petre was the driver of the vehicle during the collision.

Representing the prosecution, State Attorney Aishath Fazna also contended that because Petre had “confessed” to driving the quad bike, she did not believe the state had to produce evidence to support this assumption.

However, Petre’s lawyer Areef Ahmed responded at the time that his client had not directly confessed to driving the quad bike and argued that his client continued to deny the charges against him.

Areef additionally claimed that the judge could not declare a verdict regarding the alleged confession said to have been during the previous hearing.

Areef contended that his confession could be withdrawn before the case reached to a conclusion, but the state attorney argued that after confessing in the trial, there was no way it can be withdrawn.

Petre’s lawyer has also contended that his client could not be charged under Islamic Sharia because his client is non-Muslim.

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Keeping Nasheed Alive: Eurasia Review

India has a moral obligation to see that former President Mohammad Nasheed, who was arrested by Maldivian Commandos on March 5, 2013, in alleged response to a court order to face trial in a case pending against him, remains alive,” writes B. Raman for the Eurasia Review.

“Even though he might have been arrested ostensibly in pursuance of a court order, his arrest is a breach of faith on the part of the Waheed Government. He left the Indian High Commission, where he had taken sanctuary, in response to assurances regarding his safety and security.

India, which played a role in the negotiations that led to his leaving his safe sanctuary in the High Commission, is a guarantor of the assurances given by the Waheed Government regarding his safety and security.

India should immediately make it clear to former President Abdul Gayoom, who has allegedly been playing an active behind-the-scene role in advising the Government of Waheed, that it will hold him and Waheed personally and morally responsible for the safety and security of Nasheed and that should anything untoward happen to him while in custody India would act in the appropriate manner to ensure that solemn assurances given to India by the Government are not violated with impunity.

Read More.

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MPs raise concern over “spy devices, toxic gas, poison” in parliament

Maldivian Democratic Party (MDP) MP Abdulla Jabir has claimed that security forces have planted ‘spy devices’ throughout parliament, local media reported.

During today’s parliament session, Jabir claimed that ‘information’ had been received regarding the bugging and that security forces were not listening in to the conversations of MPs, a report in local media stated.

In response to Jabir’s allegations, Parliament Speaker Abdulla Shahid said that the matter is to be taken up as a “matter of serious concern”.

Local media reported that immediately after Jabir’s claim, Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed then claimed that he had information that meals provided in parliament were laced with drugs.

“Various effects were felt even yesterday after consuming some of the food,” Rasheed was quoted as saying in local newspaper Haveeru.

A further claim was then made by Milandhoo constituency MP Ali Riyaz, who said that he had received more information that toxic gas would be put into the air-conditioning in parliament to poison the members.

Shahid assured the MPs that the allegations would be thoroughly investigated.

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Rubbish fire smoke engulfs school, 50 students forced to seek medical attention

Children from Imaduddin School in Male’ were given emergency treatment today after they reported dizziness and nausea caused by smoke rising from a nearby rubbish dump.

Local media reported that smoke began to rise around 10:30am today (March 6), causing 50 students to seek medical care. A teacher was also taken to hospital after her health suddenly deteriorated.

Imaduddin School Principal Ibrahim Asif Rasheed told local media that the school has to cancel certain lessons when the wind is strong and facing in a certain direction.

According to the principal, the school was engulfed by smoke in the morning and that parents had been requested to collect their children who were suffering from the smoke.

After contacting the meteorological centre to clarify weather conditions for the next few days, Rasheed told local media that lessons will commence tomorrow.

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Oil transport vehicle set on fire

An oil transport vehicle was set on fire at 2:30am this morning while parked inside the Hakatha Petrol Shed near the Henveyru swimming track.

Local media reported that there had been no reported injuries during the incident, which was attended by police and military personnel who extinguished the fire.

Police told local media that a man was arrested for obstructing police duty whilst attending the fire.

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MDA reaches 10,000 members

Maldives Development Alliance (MDA) has announced that it has reached 10,000 members, meaning it will be now recognised as an official party under the new political parties’ bill.

The recently-formed party, led by Ahmed ‘Sun Travel’ Shiyam, submitted 4,900 membership forms yesterday (March 6) – the same day as parliament passed the political parties bill – bringing the party’s total membership over 10,000.

Elections Commission President Fuad Thaufeeg told local media that a further 1,000 were submitted on February 13, 536 on February 24 and 618 forms on February 25.

In addition to the pending forms, MDA has 3,354 official registered members, local media reported.

The political parties’ bill requires parties to have a minimum 10,000 members before they will be official recognised.

The same bill was passed by parliament in December 2012, however President Mohamed Waheed Hassan Manik returned the bill when it was presented to him to be ratified.

During Tuesday’s (March 5) session, the bill was again passed with 60 out of the 67 members present voting in favour of the bill.

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Outrage, dancing and ugly confrontations follow Maldives ex-leader’s arrest

It was around 2:00pm on March 5 when news of the arrest of former President Mohamed Nasheed became public, leading to gridlock on sections of Majeedhee Magu – the main road cutting through the Maldives capital.

Throughout the day, a few hundred demonstrators aligned to the opposition Maldivian Democratic Party (MDP) attempted to “bring the capital to a standstill” with a protest to blockade traffic following the arrest of the former president.

A sit-down protest on Majeedhee Magu

At sporadic points during the afternoon, in between clashes with police forces and peaceful sit downs, ugly scenes of confrontation were also witnessed where trucks, bikes and even government-aligned people deemed “Baghee” – a traitor – were swarmed and attacked by the crowd.

“Your photos will be a problem,” isolated figures explained throughout the day, following such confrontations. “Do not take pictures here. Take them from further away,” they said. “Do not give them to police.”

In the battle for international media attention, an image speaks a thousands words – so long as it is the right image.

Following the arrest of Nasheed, who is currently standing trial for the controversial detention of the Criminal Court chief judge during his time in office, men and women of all ages gathered outside the Male’ City Council building (MCC) between the intersections at Alikilegefaanu Magu and Rahdebi Magu.

Among the crowd was Mohamed Aslam, a former Environment Minister under Nasheed’s government, who claimed there was no official plan for demonstrations or a protest at the time.

“People are agitated, they are angry,” he said. “There is no plan, there is just outrage.”

Nasheed taken

It was earlier in the afternoon that 15 masked police officers had entered Nasheed’s family compound of Kenerege with a court warrant to detain the country’s first democratically elected president.

Police themselves later provided video footage of its officers taking Nasheed into detention.

Sources within the MDP later told Minivan News that the former president was taken peacefully, if reluctantly, briefly saying goodbye to his family before being escorted away by authorities. Police later returned for a second time to the compound, though no further arrests were made in the building.

However, by 2:00pm, there was clear anger among some three dozen predominantly male figures around the corner from Kenerege on Majeedhee Magu.  The tension was exacerbated as a group of officers in the back of a van quickly singled out an elderly gentleman across a crowded intersection and took him away.

Media were quick to capture the image, as angry onlookers heckled the officers over a blare of horns from taxis and other motorists now blocked by the unfolding drama.

A group of people including Nasheed’s representative on the Commission of National Inquiry (CNI), Ahmed ‘Gaha’ Saeed, soon blocked the road in what they claimed was a makeshift protest.

Perched on front of delivery vehicle, Saeed told Minivan News that demonstrators had opted to blockade the truck that he said to belonged to one of the country’s largest private retailers alleged to be one of the masterminds behind a “coup d’etat” that saw Nasheed controversially resign from office last year.

“People have waited a year since the coup and are very angry and unlikely to act reasonably now. They could bring Male’ to a standstill,” Saeed stated.

As some attempted to dissuade Saeed from his actions, other figures in the crowd attempted to limit the taking of pictures – an impossible task considering the prevalence of I-pads, camera phones and social media in the country.

By 2:30 pm, as the sun beat down intensely on the intersection, tensions continue to escalate as the crowd singled out a figure passing through the intersection on his bike. The figure was  Ali Waheed, the brother of current President Dr Mohamed Waheed Hassan Manik.

In the first of several such isolated attacks during the day, a crowd swarmed and surrounded Ali Waheed amidst shouts of Baghee, before he was pushed from his bike, surrounded and attacked. After a tense minute of confrontation, Ali Waheed was ushered from the intersection by some figures in the crowd – his bike abandoned on the street. It would not be the last vehicle left on the capital’s street during the day.

The crowd’s attention later turned to a military car with tinted windows. Isolated figures attacked the vehicle, ripping off its mirrors and smashing a rear passenger side window. Some three or four dozen young men appeal divided amidst appeals for calm from Saeed and several other figures asking to let the vehicle pass.

Heavy rainfall temporarily cleared the road and the simmering tension. As the situation calmed, Saeed explained that the crowd had sought out figures perceived to be tied either to senior government or the security forces, particularly the police’s Special Operations (SO) officers.

“They see it as you are either with us or against us,” he said. “We continue to ask for calm, but as always happens, it is the loudest in crowds who have their way.” Saeed rejected the accusation that individuals were being purposefully singled out as they passed through the barricade.

Sit down demonstrations

As the blockade continued, a growing number of men and women began to join the demonstrations, with former Environment Minister Mohamed Aslam joining a sit down in the middle of the street.

Further down the road, a single man lay in the rain soaked road outside the Male’ City Council building. The crowd suddenly appeared happy to clear to one side to let media to take a photo opportunity of the man. Meanwhile, curious and often bemused onlookers and shoppers stepped over him.

Demonstrator holds lie-down protest

However, the lighter mood was at times broken.  In one instance, a man riding a bike with a young girl on the back was heckled as a “Baaghee” – prudently he avoided the crowd and detoured down a side street.

At the height of the demonstration, some two or three blocks on Majeedhee were blockaded, with an orange rope set up across the street to stop traffic coming through.  A few motorists tried to get through to the derision of the crowd.

Shortly before 4:00pm, around 30 police officers in helmets arrive and begin to clear the intersection outside the city council building, removing Mohamed Aslam from the scene, while coming under fire from plastic water bottles and small sections of pavement stones.

Several other figures in the crowd were also taken by authorities, as police left the scene.

Behind them, some 200 demonstrators remained on the road, continuing with their blockade and chanting.  Another group of women soon resumed their sit-down protests and anti-government chants.

The light mood again sporadically broken as another male – accused of being a member of the Police’s SO division – attempted to pass through the crowd. He was quickly swarmed as he was mobbed by a crowd divided over whether to attack or protect the figure.

Shouts of “baghee” from the crowd were punctuated by the screams of a woman travelling with the man.  Both are eventually moved to safety.

“There is hatred here,” said one protester. “He was asking for it. He could see there was a [blockade] but came through anyway. It is very hard to control some of these [demonstrators].”

Soon after, individuals once again spoke to media figures, reiterating appeals to cease taking photos as some of the group turn their attentions to breaking through a glass door of a large clothes shop – eventually they are dissuaded by others in the crowd.

At the same time, the Maldives Journalists Association (MJA) released a statement strongly condemning violent attacks said to be carried carried out against a journalist and a cameraman working from private media outlet Sun Online. Earlier in the day, a journalist for the same organisation had stayed in Nasheed’s family compound over concerns about his safety among the crowd outside.

Reinforcements

By 4:30pm, Police reinforcements once again arrived to clear the intersections, heckled by the 200 demonstrators who has sought to block sections of the road during the afternoon.

Though some officers were witnessed carrying firearms with rubber bullets, no such measures were witnessed being used by police, though one young woman arrested had appeared to have been pepper sprayed.

During the ongoing police operation, a further two dozen demonstrators were arrested and loaded into the back of a police van – among them a middle-aged women taken for heckling and singing songs.  she soon becomes an inadvertent hero among her fellow demonstrators. Aware of her status, she begins dancing in the back of the police truck.

As order is restored by authorities and the arrested are taken from the scene in an open topped van, the crowd cheer and wave at the figures, including an elderly woman who blew kisses and waved to the crowd.

With the police presence again gone, the crowd return to their blockade to songs and anti-government chants. The mood once again light temporarily until protesters attack and roll over a van belonging to Eydhafushi MP Ahmed Saleem, another figure unpopuler among the core MDP supporters. According to local media, milk packets are taken from the van and distributed among the protesters.

Whether demonstrators succeeded in bringing the capital to a standstill as some had claimed, for large parts of the day, one of the capital’s busiest roads was transformed into a protest site for dissatisfaction with the government.

As police began to bring the crowds under control, among a blockaded section of Majeedhee Magu between Alikilegefaanu Magu and Rahdebi Magu, a shop-owner looked out from his door at the deserted road.

“It’s been a slow day for business,” he said.

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