US citizen arrested for funding Maldivian terrorist in Lahore bombing

A US citizen has been charged in the States with conspiracy to provide material support to a Maldivian terrorist who helped carry out a deadly attack in Pakistan in 2009.

48-year-old Reaz Qadir Khan, a waste water treatment plant operator for the city of Portland, US, was arrested on Tuesday (March 5) on a charge of providing advice and funds to Maldivian national Ali Jaleel.

On May 27, 2009, Jaleel – along with two other men – stormed Pakistan’s Inter-Services Intelligence (ISI) headquarters in Lahore and detonated a car bomb that left around 23 people dead and a further 300 injured.

Prior to the attack, US media reported that in 2006 Khan had received an email from Jaleel “goading” him about his past devotion to seek martyrdom for Allah.

“Where are the words you said with tears in your eyes that ‘we shall strive until Allah’s word is superior or until we perish’???” the email stated, according to US publication The Oregonian.

Following the message, Khan had then allegedly communicated and provided financial backing through email to Jaleel and his family, making it possible for the Maldivian to attend a training camp in Pakistan ahead of the 2009 bomb attack.

The emails cited in the indictment against Khan – sent in October and November 2008 – were said to have included a coded note from Jaleel telling Khan that he needed US$2,500 to pay for admission into a terrorist training camp.

The Oregonian reported that Khan had replied to Jaleel instructing him to pick up the training camp money from one of his associates.

Jaleel, who later responded saying he only needed US$1000 of the US$2,450 that had been sent, was then advised by Khan to send the remaining money to his two wives in the Maldives, The Oregonian reported.

The indictment does not cite that there had been any other emails between November 2009 and the May 27, 2009 ISI attack.

However, US media reported that less than a week after the bombing, US$750 was wired from Khan to one of Jaleel’s wives from an Oregon store.

Khan, who has pleaded not guilty during a court appearance on Tuesday, could face life imprisonment if he is convicted at trial, US media reported.

According to The Oregonian, Khan must now remain in his Portland home until his trial on the terrorism-related charge begins.

Local media reported that Jaleel, who lived at H.Moscowge in Male, featured in a video on the internet showcasing his terrorist training and subsequent attack.

A member of Jaleel’s family told local newspaper Haveeru back in November 2009 that he had left “around a year ago” and that there had been “no further communication with him”.

Jaleel had been caught once before whilst on jihad and was sent back to Maldives. On 26 December 2006, he was also sentenced to two years’ house arrest for giving religious sermons and preaching without a licence, local media reported.

“Martyrdom was certain”

In a video released by Al Qaeda’s media outlet, 30-year-old Jaleel, referred to as Mus’ab Sayyid, can be seen speaking in front of the camera surrounded by an assortment of weaponry.

Jaleel calls for his teachers and those he knew who had taken the status of scholars to visit the Mujahideen and make “decisions” based on what they saw.

“I want my blood to be the bit of the carpet which the Mujahideen have painted from their blood. The red carpet which would take the Umar to its glory,” Jaleel says in the video.

The footage shows Jaleel going through various stages of training, including throwing what appears to be a hand grenade and firing various weapons. The video then cuts to footage of the attack.

A white van carrying armed men pulls up to what appears to be a police check point, before two men disembark and open fire on various individuals manning the post.

The van continues through the checkpoint before briefly stopping beside two men who had hidden behind a barricade, at which point the armed men appear to shoot them from inside the vehicle.

The video then shows the same white van pulling up to a large gate, before detonating the explosives.

The Pakistani government said at the time that the car bomb attack was carried out in apparent revenge for an army offensive against Taliban militants in that nation’s north-western Swat region.

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JSC member Sheikh Rahman criticises JSC decisions on Hulhumale’ Magistrate Court in parliament committee

Parliament’s Independent Commission’s Oversight Committee on Thursday separately questioned two members of the Judicial Services Commission (JSC) about the legality of the Hulhumale’ Magistrate Court and the appointment of the panel of magistrates to the case against Nasheed, for his detention of Criminal Court Chief Judge Abdulla Mohamed.

Of the nine members currently serving in the judicial watchdog, Sheikh Shuaib Abdul Rahman – the member appointed from among the public – attended the first committee session on Thursday.

Arbitrary appointment of magistrates

In response to questions posed by committee members, Sheikh Rahman stated that the JSC had arbitrarily appointed three magistrates from courts across the Maldives to Nasheed’s case, after dismissing the three names first submitted to the commission by the Hulhumale’ Magistrate Court.

“Moosa Naseem (from the Hulhumale’ Court) initially submitted names of three magistrates, including himself. This means that he had taken responsibility for overseeing this case. Now once a judge assumes responsibility for a case, the JSC does not have the power to remove him from the case,” Sheikh Rahman explained. “However, the JSC did remove him from the case, and appointed three other magistrates of their choice.”

Sheikh Rahman stated that the commission had referred to Articles 48 to 51 of the Judge’s Act as justification.

“But then I note here that the JSC breached Article 48 itself. They did not gather any information as per this article. They stated that it is due to the large number of paperwork that needs to be researched that they are appointing a panel. However, this is not reason enough to appoint a bench,” he said.

“Later, when Mazeed assumed responsibility for the Hulhumale’ Court, I remember seeing a letter he sent saying that the Hulhumale’ Court had a huge number of cases and that they needed additional magistrates to oversee the cases. However, this was after the panel was already appointed,” Sheikh Rahman stated.

“The surprising thing here is that this court has been functioning with two magistrates serving there. There have never been workload complaints. It was only after the appointment of the panel, and Mazeed going there, that this problem has arisen. This itself is a questionable matter,” Sheikh Rahman alleged.

Responding to a question posed by Maldivian Democratic Party (MDP) MP Ali Waheed, Sheikh Rahman spoke of the “questionable moves” within JSC which led to the removal of Moosa Naseem from the case.

“Two members of the JSC, if I remember correctly it was Abdulla Didi and Saleem, asked for Naseem to be removed from the panel, stating as a justification that he was ‘disturbing’ the panel. Somebody even submitted a letter to the commission saying so. The majority of the committee however dismissed this as it was believed to be not enough of a reason,” Sheikh Rahman said.

“If a Head Magistrate goes on leave, or is unable to attend work, then the JSC can appoint someone in his stead. This used to be my responsibility. Then suddenly, this responsibility was taken away from me and handed over to Saleem and Abdulla Didi. The next thing I heard was that they had replaced Naseem with Mazeed,” Sheikh Rahman alleged.

“This is in direct breach of the law. They cannot appoint someone else to the post unless it becomes vacant.”

Hearing this response, Ali Waheed then alleged conflict of interest inside the commission.

“I think it is all becoming very clear now. The MDP’s competitor, Progressive Party of Maldives (PPM) prospective presidential candidate Abdulla Yameen’s close friend, and Deputy Speaker of Parliament Abdulla Nazim’s former lawyer Ahmed Saleem is on the JSC as [President] Waheed’s appointee. They are working from inside the JSC to eliminate the candidacy of Mohamed Nasheed,” MP Waheed alleged.

Vice Chair of the parliamentary committee MDP MP Ahmed Sameer stated that according to the Judicature Act, only the Supreme Court and the High Court preside over cases with panels of judges as a norm.

He explained that it is only under rare and special circumstances that magistrate courts are allowed to form panels, and that even in such cases it is the Head Magistrate of the particular court that is mandated to make a decision on the matter.

Sameer then proceeded to ask Sheikh Rahman if, in light of these laws, he believed it was legitimate for the JSC to exclude Kaafu Atoll Huraa Head Magistrate Moosa Naseem, who was in charge of the Hulhumale’ Court, from the bench for Nasheed’s trial. He further inquired if the member believed it was a politically motivated move on the side of the JSC.

“In case a court requests more magistrates, the JSC can appoint additional judges to a court. However, I am not aware that the commission is under any circumstances allowed to assign judges to particular cases,” Sheikh Rahman responded.

“As for politicisation, I wasn’t at the meeting where this particular decision was made, so it is difficult to comment on the motivation behind it. However, I did notice from the recording that once one member proposed this idea, there was immediate approval and no amount of discussion was further carried out.”

JSC role in running “illegitimate court”

Referring to the provisions in the Judicature Act, Sameer further asked Sheikh Rahman if he believed that the JSC had acted in breach of the constitution and laws to maintain the Hulhumale’ Magistrate Court, which must be automatically liquidated following the ratification of the said act.

“At the time, I too was lacking the necessary information and voted in favour of running the Hulhumale’ Court. The documents provided by the JSC did say that there was a magistrate court in Hulhumale’ even in 2007. On later review, this too turned out to be untrue,” Sheikh Rahman stated. “I cannot say what their objective was, but there certainly was a lot of misinformation.”

“It is the JSC who decided to run the Hulhumale’ Court despite the Judicature Act. The decision was made with four votes, including that of Ahmed Rasheed. This member’s wife serves as a magistrate in the Hulhumale’ Court. This matter was then submitted to a lower court for review. However, Adam Mohamed redirected the case to the Supreme Court. He then cast the deciding vote in the Supreme Court. Do you believe this proceeded in a fair and just manner?” Sameer asked of Sheikh Rahman.

“Adam Mohamed should not have been there. I have raised the matter even in the JSC. I have also spoken with the Chief Justice about this,” the member responded.

“He said there is nothing he can do about this, and said that it had been a decision of the Supreme Court bench. I insisted that regardless of who had made the decision, there is no way a wrong can be considered otherwise,” he continued.

“The Chief Justice then said that Adam Mohamed may perhaps recuse himself from the case. However, Adam did not do so either.”

JSC Chair Adam Mohamed has responded to the committee’s summons through an official letter, refusing to be answerable to the committee as the matter in hand referred to an “ongoing case”.

However, JSC Vice Chair Abdulla Didi and Speaker Shahid spoke against the Chair’s decision, stating the commission must be answerable to its oversight body at all times, adding that Adam Mohamed had made a unilateral decision without consulting the majority members of JSC.

Shahid left on a trip abroad despite having agreed to attend Thursday’s parliamentary committee meeting.

At the committee meeting, Sheikh Rahman also stated that he did not find Adam Mohamed’s justification acceptable.

“It is the JSC which has the powers to look into complaints about this bench in question. It is also the JSC that holds the powers to dismantle the bench should need be. Hence it makes no sense to say we cannot discuss the matter at any point in time,” he stated.

Sheikh Rahman also criticised Adam Mohamed’s decisionto not attend the committee summons without consulting other members of the commission.

He further said that he did not believe the serving members of the JSC were able fulfil their duties as per the pledges they had taken, alleging that the commission had become subject to political influences.

Sheikh Rahman made similar remarks in a live television appearance last week. He is the second JSC member to blow the whistle. The first, Aishath Velezinee, challenged the JSC’s “unconstitutional” reappointment of poorly educated and ethically dubious judges in August 2010. She was subsequently stabbed three times in the back in broad daylight on Chandeenee Magu, Male’s main tourist strip.

The JSC is currently comprised of Chair Supreme Court Judge Adam Mohamed, Vice Chair Criminal Court Judge Abdulla Mohamed, Speaker of Parliament Abdulla Shahid, High Court Judge Abdulla Hameed, MP and government aligned Jumhooree Party (JP) Leader, MP and Presidential Candidate Gasim Ibrahim, lawyer Ahmed Rasheed, Attorney General Azima Shakoor, Presidential Appointee Mohamed Saleem and Member appointed from the public Sheikh Shuaib Abdul Rahman.

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Past and current presidents call for national rethink on gender rights

Former and current presidents of the Maldives have highlighted the importance of gender equality to national development on the occasion of International World Women’s Day on March 8.

President Dr Mohamed Waheed Hassan Manik, as well as former Presidents Mohamed Nasheed and Maumoon Abdul Gayoom, have all spoken during the last two days on the importance of addressing gender related issues in the Maldives in areas such as domestic abuse and education.

The comments have been made as local independent institutions and civil society groups have alleged that the country has seen a regression in the rights of women and minors in recent years.

Local NGO Voice of Women, which claims to work as an umbrella group supporting other female-focused organisations in the Maldives, said that despite increased participation of women in political activities, there had been a perceived regression in the rights of females and children during the last year.

“The institutions in place to protect them have instead targeted them directly or let them down passively due to inaction,” read a statement by the NGO.

“Experience shows that countries cannot build a true democracy without the full and unhindered participation of fifty percent of our population; today we take the opportunity to recognize the courage and valiantness of the Maldivian women who are fighting against all odds and often times against the most harsh discrimination without taking a single step back, pressing for political reform and to establish a fair democracy in the country.”

The NGO’s statement was particularly critical of the treatment of women under the administration of President Dr Mohamed Waheed Hassan Manik, which in recent months has pledged to review laws that it claims have previously victimised women and minors who are victims of sexual abuse.

“The government is unable to destroy the unwavering spirit and determination of the Maldivian women who are confronted with batons, kicked with boots, handcuffed, stomped with shields, pepper sprayed directly into the eyes, and water cannoned while peacefully protesting on the streets or jailed without charges, sexually abused and humiliated while in custody; these heroic women continue to fight for their rights, rights of their children, rights of their children’s children,” the Voice for Women statement claimed.

“They continue to fight for the freedom of their country, for justice, for peace and for democracy.”

Back in April last year, parliament passed the Domestic Violence Bill with broad cross party support as part of efforts to provide a legal framework to protect victims from domestic abuse through protective orders and improved monitoring mechanisms.

In a statement released yesterday addressing the rights of females, President Waheed delivered his best wishes to all women in the Maldives.

“The International Women’s Day is being marked to reflect on the status of women, assess their empowerment, advocate for greater opportunities for women to progress, and seek the support for all for those ends,” read a President’s Office statement.

“It is a high priority of the Maldivian government to support efforts in attaining gender equality in the society. The President highlighted women’s increasing contribution to national development. The increase in women’s contributions to and participation in the development of the country showed the change in the outlook of the people on gender related issues.”

Former presidents speak

Speaking Thursday (March 7) ahead of International Women’s Day, former President Maumoon Abdul Gayoom said that under Islam, men and women were considered equal. He therefore requested an end to the practice of gender discrimination, particularly in obtaining education.

Local newspaper Haveeru quoted Gayoom, who is currently the president of the government-aligned Progressive Party of Maldives (PPM), as saying that some Maldivian females continued to be denied the opportunity to undertake higher education by their families.

He claimed that “misguided religious beliefs” were often behind such gender discrimination.

Meanwhile, former President Mohamed Nasheed was quoted in local media yesterday as calling for a change in how Maldivian men perceived women in general.

According to the Sun Online news agency, Nasheed told Maldivian Democratic Party (MDP) supporters gathered at the Dharubaaruge convention centre in Male’ that greater efforts needed to be made in empowering women “in all areas”.

“Not just because of efforts made by a gender ministry, but through transport ministry as well as health ministry as well as education ministry. We need to incorporate women into our main policies,” he was reported to have said.

Nasheed also called for new methods of protecting women against abuse during his address.

“Conservative” attitudes

Despite the calls of some of the nation’s most senior political figures, a recent national study found support for women’s equality was found to have experienced a “significant drop” despite overall progress in improving the human rights situation nationally.

The conclusions were made in the Human Rights Commission of the Maldives (HRCM’s) second baseline survey on behaviours and attitudes regarding human rights in the Maldives, which was published December 10, 2012.

Male attitudes have become “more conservative” regarding women’s rights issues, whereas female views have become more supportive of rights in some areas, was one of the conclusions raised in the The ‘Rights’ Side of Life” [report].

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Luxury eco-resort embroiled in “green-washing” dispute with “extortionist” NGO

Exclusive luxury resort Soneva Fushi is embroiled in an increasingly hostile dispute with Biosphere Expeditions, an international environmental conservation non-governmental organisation (NGO), over allegations of grant contract breaching and “green-washing”.

Soneva awarded Biosphere Expeditions a three year, US$79,000 Social & Environmental Responsibility Fund (SERF) grant to conduct coral reef research, give scholarships enabling research placements for Maldivian nationals, and provide educational materials to local school children, beginning in 2011.

Soneva maintains they have no legal obligation to continue the funding.

Biosphere Expeditions alleges Soneva was delinquent in making payments for the first two years of the contract and now refuses to pay the final grant installment, which has dramatically limited the scope of the project, the NGO’s founder and executive director Dr Matthias Hammer told Minivan News.

“Unfortunately, Soneva displayed a lack of co-operative spirit paired with a good dose of corporate arrogance and incompetence right from the start.

“Biosphere Expeditions tried to be sympathetic, realising that Soneva/Six Senses were in financial trouble and offering various deferred payment options,” Hammer said in a press release issued March 6, 2013.

“However, Soneva is now ‘flat out’ refusing to pay the remaining US$24,000 owed, claiming Maldivian laws don’t obligate them to pay, only that they make ‘optional donations’. This is nonsense. They are legally obligated to fulfill the contract we’ve signed.

“Soneva cannot argue the contract hasn’t been enforced, because they eventually paid the agreed upon amount for the two years,” Hammer told Minivan News.

Hammer further explained that Biosphere Expeditions was “perplexed” by Soneva’s behavior given the company’s eco-friendly claims. The NGO claimed to have filed a case with the Civil Court last week.

“We were initially happy to receive the SERF grant. They were the last sponsor we’d expect to behave like this given their reputation. Their actions don’t match up.

“They have tried every trick in the book: saying the payment has been made but is late, there are internal issues within the company, the Six Senses company is being split, and they don’t have the money,” Hammer said.

“Payments were always late and a drain on our resources.

“I have never come across anything like this in the last 15 years of my career in this field. Given Soneva’s green claims, I am astounded by this apparent case of green-washing and how Soneva is treating its partners in conservation,” the NGO stated in a press release.

Soneva hits back

Soneva’s founder, president, and chief executive officer (CEO) Sonu Shivdasani also spoke to Minivan News about the dispute.

“Our public relations manager Sophie Williams proposed funding the Biosphere Expeditions project, but ultimately this project had more public relations benefit than real substance in terms of community development,” he said.

“We do not have a charter together [for evaluating proposals], but we have the different environmentalists on staff, such as our marine biologist, our management team, and representatives from the host committee to discuss the project proposals.

“Soneva didn’t do exhaustive diligence, but our team had discussed the project and went ahead [with approving it],” Shivdasani stated.

He cited three primary reasons Soneva will not continue to fund the Biosphere Expeditions project: the company has limited funds to donate, the project did not meet Soneva’s standards, and the agreement with Biosphere Expeditions is not legally binding.

“In essence, Soneva/Six Senses donates .5 percent of total revenues for charitable projects, which comes to about US$300,000 from US$20 million annually,” said Shivdasani.

Shivdasani explained that given the recent sale of Six Senses and Soneva Gili, the amount of charitable donations dropped. Thus, the company had to review and reevaluate the charitable projects they were funding.

“In 2011, Eva sold Six Senses, because we wanted to focus on the one brand Soneva, with one owner, management company, and philosophy,” Shivdasani stated.

“[Downsizing] to one resort and the subsequent reduction in SERF allocations from US$300,000 down to US$120,000, meant we had to carefully review how to use this money to create maximum impact on the environment.

“Invariably we needed to cut US$180,000 from our annual donations. US$24,000 is quite insignificant in context. There are so many more worthy causes, we’d rather spend money on other things,” added Shivdasani.

Shivdasani also spoke about the timing of the first two grant installments.

“The Biosphere Expeditions program has been very piecemeal and due to the specific nature of payments, any delays should not have caused payment hardships with the world in deep recession in 2009 and 2010.

“This was the worst recession since World War Two. 2009 was a slow year. Revenues were down and cash flow was tight. I can’t see how Biosphere Expeditions was inconvenienced. We were careful about the timing of charitable payments,” explained Shivdasani.

Soneva also decided the Biosphere Expeditions project did not “pass muster”.

“Unfortunately, Biosphere Expeditions did not meet up with our strict standards and we felt there were more worthy initiatives to support,” Shivdasani said.

“The feedback from hosts (staff) trained on the [liveaboard] expedition was negative, they didn’t enjoy the experience. Furthermore, we felt the education campaign did not have much of an impact, while the scholarship program only benefited two Maldivians.”

Regarding Biosphere Expedition’s allegation that Soneva had breached the grant agreement contract, Soneva maintained they did not have a legally binding contract.

“Rather than a contract with the Biosphere Expeditions, we had a charitable ‘Letter of Grant’ dating back to 2010. This involved a schedule of donations from Soneva Gili, Six Senses Laamu and Soneva Fushi.

“We could stop grant donations by giving notice, which Soneva did in the form of a formal letter in October 2012.

“We consulted our lawyers in Malé and they confirmed that three months was an adequate period of time to give notice to Biosphere Expeditions,” said Shivdasani.

He maintained that Soneva had no legal obligation to continue funding Biosphere Expeditions and that no case has been filed against the resort.

“Hammer is lying; no legal case has been launched against us. Our lawyers have not been notified of any case being filed in Male’. We are within our rights to stop funding.

“As of today’s date, we cannot contest any court case because Biosphere Expeditions have not put any case before us. No lawyer would want to represent someone who sends out press releases before lodging a case with the courts.

“If it was a legal contract, then we would have honoured it, but it’s within our rights not to continue.

“Soneva happily funded US$50,000-60,000 [of Biosphere Expeditions’ project], now it’s time to stop,” Shivdasani stated.

Soneva prides itself for being “an innovator in the field of responsible tourism, taking environmental and social responsibilities very seriously”.

Soneva states that its ‘SLOW LIFE’ philosophy “applies to everything” they do, with SLOW standing for Sustainable-Local-Organic-Wellness Learning-Inspiring-Fun-Experiences.

Thus, the Soneva SLOW LIFE Trust handles the Social & Environmental Responsibility Fund (SERF), which was created to “provide funding for a wide variety of humanitarian and environmental projects”.

Hostile exchanges

Communications between Biosphere Expeditions and Soneva have become increasingly hostile since the partnership agreement began, with numerous emails exchanged between Hammer and Shivdasani.

Following repeated correspondence requesting the agreed upon grant installments be paid, “Sonu said I was on a ‘high horse’ and ‘chasing the money’, all of which was in really bad taste,” Hammer explained.

“Soneva’s condescending top-down communication is a problem that comes from the very top [levels of management] and percolates throughout the company systemically.

“They think are a big powerful corporation and we’re just a small NGO.

“We shouldn’t be treated like this. Having jumped through all the hoops [to receive the grant] we bloody well expect the other side to pay what’s agreed,” exclaimed Hammer.

Hammer said that Biosphere Expeditions was surprised a luxury resort was “quibbling” over US$24,000.

“This is peanuts for them and we are not prepared to be treated like serfs or go away. By a funny coincidence that is what their grant 
is called: ‘Social & Environmental Responsibility Fund (SERF)’. I am only now beginning to understand its true meaning,” said Hammer.

Ultimately, Biosphere Expeditions has taken the stance that Soneva is not only violating the terms of their grant contract, but also guilty of “green-washing”.

“I can only conclude that Sonu Shivdasani and Soneva’s priorities are to maximise profits. They surely do not appear to be serious about conservation and the environment.

“It seems the company’s claims of ethical behaviour and environmental awareness are, sadly, simply marketing-driven lip service,” read the press release from the NGO.

Shivdasani maintains he has been misquoted by Hammer.

“The press release from Dr Hammer involves various threats of a slanderous nature. It is a sham. Hammer is not pursuing a legal case. If he does, Soneva has a very strong case,” said Shivdasani.

“Hammer is an extortionist. Someone needs to look into his operation. Is Biosphere Expeditions really a non-profit?” Shivdasani questioned.

The project

Originally, both Biosphere Expeditions and Soneva were partnered with the Maldives Marine Research Centre (MRC) of the Ministry of Fisheries and Agriculture, Reef Check and the Marine Conservation Society “to study and safeguard the spectacular coral reefs and the resident whale shark population”.

The funding dispute between Shivdasani and Hammer has curtailed the project’s activities.

According to Hammer, scholarships for and hiring of Maldivians has been halted, educational leaflets will not be distributed, and research studies cannot continue, with coral reef studies being “slashed to one week”.

Earlier in 2012, the Soneva Group faced controversy when allegations that Shivdasani had engaged a PR firm to “spruce up” the image of President Dr Mohamed Waheed Hassan Manik’s government were published in UK media.

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Indian Prime Minister calls for “free, fair and credible” elections in the Maldives

Indian Prime Minister Manmohan Singh has highlighted “free, fair and credible” elections as the “best course” for overcoming political uncertainty in the Maldives.

In a statement, Singh – referring to last year’s controversial transfer of power –  noted that “there have been unfortunate problems in the Maldives after the February 2012 event.”

“We believe that the best course is to have elections to the office of the president, which are due in September, 2013,” Singh said.

“There should be free and fair elections, with an inclusive process, with all people participating in the process of electing the new President. I sincerely hope that the government and people of Maldives will overcome this atmosphere of crisis and uncertainty,” he said.

Singh’s comments follow the arrest last week of former President Mohamed Nasheed by masked police, acting on a court order issued by the Hulhumale’ Magistrate Court.

Nasheed is being charged over detaining Chief Judge of the Criminal Court Abdulla Mohamed, charges his party contend are a politically-motivated effort to prevent him contesting the 2013 presidential elections. Nasheed evaded an earlier court summons by seeking refuge inside the Indian High Commission for 10 days.

The Hulhumale’ court was created by the Judicial Services Commission (JSC), which also appointed the three-member panel of judges overhearing the Nasheed trial. The JSC’s members include several of Nasheed’s direct political opponents, including rival presidential candidate and resort tycoon, Jumhoree Party (JP) leader Gasim Ibrahim.

JSC member Sheikh Shuaib Abdul Rahman this week spoke out against the judicial watchdog, revealing that they had openly discussed in meetings their intent to ensure the elimination of the Maldivian Democratic Party and presidential candidate 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.”

Nasheed was released from custody after the judges panel conceded to a four week delay before the next hearing. Nasheed’s legal team had requested the trial be delayed until after the September 2013 elections, a prospect to which the state prosecution said it had no objection, however the judges would only concede to a month’s delay.

The UK reacted to Nasheed’s release from police custody following the hearing, urging “all parties to remain calm and to act responsibly.”

Foreign and Commonwealth Office Minister Alistair Burt called for a “fair and transparent trial”.

“Unless the chosen candidates of all parties are permitted to participate in the Presidential election scheduled for 7 September, the credibility of the outcome will be irreparably damaged,” Burt warned.

“We urge all involved to work together to find a solution which would allow for genuinely free, fair and inclusive elections and ensure all are able to campaign without hindrance,” he stated.

The UK Conservative Party’s Human Rights Commission (CHRC) meanwhile expressed “grave concern” over Nasheed’s arrest, echoing the former President’s concerns that “court proceedings against him were without any legal basis and were aimed at barring him from running in the presidential elections that have been scheduled for September this year.”

“Concerns have been raised by a range of organisations about whether Nasheed can expect a fair trial, with his supporters asserting that the whole process is politically motivated. The court that he will face has been specially constituted for the purpose, implying strong political interference. Human rights organisations across the world see this as another instance of selective justice being carried out by the current Maldivian administration,” the Commission stated.

Chair of the CHRC, MP Robert Buckland, said that the commission was “ deeply concerned about the safety of former President Nasheed, and urges the Maldivian authorities to postpone legal proceedings against him and to allow free and fair elections to take place.”

“Such instances of selective justice are just one of a number of serious breaches of human rights in the country. The Commission has previously heard evidence from a number of experts who share concerns about this action being politically motivated,” the CHRC stated.

“It is vitally important that all candidates of political parties are able to participate in the upcoming elections if the Maldives wants the international community to see it as a free, fair and inclusive election. Targeting of MDP members and their families will seriously undermine their ability to fight the upcoming elections on an equal footing and the CHRC will put pressure on the government to call for the release of falsely accused MDP supporters,” the CHRC stated.

Despite now widespread international criticism of the politicisation of the JSC, and calls from Home Minister Mohamed Jameel that the case against Nasheed be concluded “before the approaching presidential elections, in the interests of the nation and to maintain peace in it”, President Mohamed Waheed has persistently denied government interference in the judicial process.

“My government has upheld the rule of law and respected all independent institutions. I am pleased to note that unlike in the past, within the last year, the President has not interfered in the work of the judiciary, the police, or the independent commissions,” Waheed said, in a recent statement.

“Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained.”

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Centara Resorts and Hotels plans third Maldives property

Hospitality group Centara has announced plans to open its third Maldivian resort during the second half of 2014 in Lhaviyani Atoll.

The property, which is currently in the design stages, is expected to house 110 rooms and will represent a US$36 million investment in the country, according to the company.

A management contract has been signed with a Maldivian enterprise called RPI Private Ltd to oversee the project.

Centara Resorts and Hotels Senior Vice President for Sales Chris Bailey said a third island property in the country would allow the company to diversify its offerings in the Indian Ocean.

“We believe that having a third Maldives resort, in a very different location amongst the Maldivian islands, and with a different style to the existing two resorts, will give us a very powerful marketing tool,” he said.

“Our marketing division for the Indian Ocean region has recently been strengthened, and we have great confidence in the region, and in our latest venture.”

The company presently operates the Centara Grand Island Resort in South Ari Atoll and is set to open the Centara RasFushi Resort and Spa later this month.

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Fire breaks out at Sakeena Manzil property in Male’

Maldives National Defence Force (MNDF) firemen were called to the Sakeena Manzil building in Male’ earlier today (March 9) after a fire broke out at the property.

Local media reported there had been no injuries as a result of the fire, which had been extinguished by4:oopm today.

The MNDF were reported by local media to have geared up two ‘known’ activists of the government-aligned Progressive Party of Maldives (PPM) with gas masks and oxygen tanks at one point, before leading them into the burned building.

The office had been used by PPM in previous instances, and had also been used by the former PPM deputy leader for his own personal business, local media reported.

According to Sun Online, the two PPM activists went inside the building to retrieve some ‘very important objects’, but it was not clear what those objects were.

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Translation: PPM MP Abdulla Yameen’s testimony to CoNI

This article was first published on Dhivehisitee. Republished with permission.

Progressive Party of Maldives (PPM) Parliamentary Group Leader, 2013 Presidential candidate and half brother of former President Gayoom, Abdulla Yameen, testified to the Commission of National Inquiry (CoNI) on 30 April 2012 regarding the end of the first democratically elected government of the Maldives. This is a translation of parts of the testimony dealing specifically with the events leading to and on 7 February 2012, as told by Yameen.

PPM began leading demonstrations or protests when Abdulla Ghaazee [Abdulla Mohamed of Criminal the Court] was arrested. Our primary concern rose from seeing then president Nasheed increasing his political power in the Majlis. That’s why PPM decided to protest. These sentiments are shared by other political leaders working with us. We all believed President Nasheed was trying to consolidate all powers in his own hands. Article 115 of the Constitution gives the President certain authorities. President Nasheed was exercising more power than we found acceptable—more than is acceptable in a democracy—to create positions and to amend laws that restricted his powers. He was doing all this in the Majlis to usurp all powers into his own hands.

From then onwards, trust was an issue amongst us. It was getting very serious. All us political people, especially PPM, became convinced that these efforts were an attempt to completely sideline the Constitution and just take all three branches of power into his hands. We saw the arrest of Abdulla Ghaazee as a manifestation of this. For Nasheed, some parts of the criminal justice system were a problem. This, therefore, was an attempt to meddle in it. We, the PPM, decided then that we would not let it happen. Arresting a judge, the chief judge of the criminal court, that’s one thing. There was, at the same time, also the problem of interfering with the judiciary.

In all this, my position as a member of parliament worked to our benefit: we got the opportunity to run a parallel assessment of the situation, an oversight type of exercise, from within the parliament. We summoned Abdulla Ghaazee to the National Security Committee. I don’t know the date, but it was some months before he was arrested. It was in relation to a complaint filed by MDP. I was the Chair.

The issue was why Abdulla Ghaazee’s court was releasing major criminals. Abdulla Ghaazee came with tons of documents showing how cases had been filed, reasons for release—he brought some very confident print-outs. Here you can really register their dissatisfaction, unhappiness, with Abdulla Ghaazee. We had the benefit of being in possession of this knowledge.

We also summoned Moosa Jaleel to the Committee. Sorry, Moosa Jaleel was summoned to the 241 Committee, and so was Police Commissioner Faseeh. We wanted to find out the details of Abdulla Ghaazee’s arrest.

Because we were privy to this sort of information, we did not in any way want to tolerate the level of interference Nasheed was planning to run in the judiciary. We absolutely did not want to accept that. So, to free the judiciary—and because this is symbolised by Abdulla Ghaazee’s arrest—we, the PPM, took the initiative and began these protests. Other opposition parties, and the Madhanee Itthihad too, participated. We did this work for, if I recall correctly, 21 days.

In the midst of this, I went to Singapore for about a week, partly because a family medical trip had been planned. I came back on the night of the sixth.

These protests and all, they were not intended for bringing down the government. Nor were they held in anticipation of it. We wanted to continue, relentlessly continue, the protests until Abdulla Ghaazee was free. That’s why we began the protests and we were not going to stop until it happened.

So, I came back on the night of Sixth [February] around 11:00. I knew there were two protests on two sides but, that night, I did not feel like participating in either. I just wanted to retire for the night, so I went home and slept.

Around daybreak, the house phone rang persistently. A servant answered, and brought the phone upstairs. Our party Deputy Leader Abdulraheem wanted to speak to me urgently.

When I returned the call, he updated me on the situation.

“Police, from among the security forces, were protesting at the Republic Square.” Until then, I had no idea.

“Various political leaders are making statements. A senior figure from PPM should do the same. Why don’t you go on VTV to make a statement advising, or encouraging, police and military to remain within legal boundaries? Or, if you prefer, a crew is ready to be dispatched to your house.”

I decided to go to VTV. I got ready for the statement. The anchor introduced me, ‘I am in the studio with the Mulaku Atoll Member…’

At that moment, the CEO of VTV Khaleel, no Ameen, came in.

“Stop. Don’t show Yameen yet. We have already been attacked once this evening. From what we know, an MDP group has left the Republic Square and come into the inner city. If Yameen appears on VTV, we’ll be attacked again. I’d really appreciate if you didn’t do this,” Ameen said.

So I didn’t get a chance to speak. I even remained in their waiting room for a while, to give an interview when things subsided. After about fifteen minutes, they decided it was unwise for me to give an interview right then, in case of further damage to their studio.

I spent altogether about half an hour at VTV, went home, and watched television. I had overheard in VTV that a police/military confrontation was imminent. I watched until it was over in the morning, then went to bed hoping for a couple hours’ rest. But I couldn’t sleep for long. By some time past nine, I think, I was up.

I had two missed calls from Ibu, Ibrahim Mohamed Salih, Hinnavaru MP and MDP Parliament Group Leader. That was between nine and ten. I can’t tell you the exact time.

“Yameen, President Nasheed has decided to resign,” Ibrahim Mohamed Solih said to me on the phone.

“What you can do is ensure his personal protection, personal security. Guarantee it,” he continued.

“I have heard what you are saying. But President Nasheed is… I would like to hear it from President Nasheed himself… otherwise…”

“I will arrange it. President Nasheed will call you shortly,” he said.

But that call did not come that soon.

Around 10:00am, from what I recall, I received an SMS from Indian High Commissioner, ambassador Mulay. “It’ s urgent, a time of national crisis”, he said.

Mulay requested a meeting. A little background on this – I meet Mulay on his request from time to time to discuss political issues. He had requested a meeting before I left for Singapore, too.

“Perhaps when I return,” I told him. I was taking a daytime flight.

So, when he requested the meeting on this day, I agreed. When I went to see the him it was between 11:00 and 12:00. Again, I cannot tell you the exact time. The High Commissioner was alone in his office.

“Yameen, can you negotiate a three-day period for Nasheed in which to sort all this out?” Mulay said.

“What do you mean?” I asked.

“I believe that if you personally face the security forces and the public, and give them your word, they will accept it. So why don’t you speak to them and tell them that Nasheed sent you to hear and note to their grievances and to assure them that if they gave him three days, all their grievances would fully and exhaustively addressed.” Mulay laid out his idea.

“That a very unreasonable request,” I said to the High Commissioner. “I don’t represent President Nasheed. And, I don’t agree with your belief that the security forces will listen to what I have to say. Nor can I see in what capacity I would be going there. And, I doubt if President Nasheed has suggested this. Ibrahim Mohamed Solih rang me this morning and indicated President Nasheed intended to resign. But President Nasheed haven’t confirmed yet.”

“MDP leader Didi is here. Would you mind negotiating with Didi?” the Indian High Commissioner asked me at this point.

“Negotiate what?” I asked him. “I find it a difficult, but since Didi is already here, I might as well meet him. No problem.”

“Shall I invite Thasmeen? Shall I also get Gasim here?” Mulay asked. He also answered himself.

“I think if PPM and MDP are represented, we can continue this discussion even if Thasmeen and Gasim aren’t here.”

So I agreed.

As he entered, Didi said in Dhivehi, “I have credentials to negotiate on behalf of President Nasheed.”

“Negotiate what, Didi?” I asked. “And, how do I know that you have your credentials? Do you have a letter?”

“No, I don’t have a letter,” Didi replied.

“Why don’t we speak in English, Mulay is here too,” I said to Didi. Mulay was sitting right across from me.

“I have told Didi to establish his credentials,” I updated Mulay on my discussion with Didi. “I know Didi is the party leader, but I don’t know he is an envoy of President Nasheed. He has to establish his credentials.”

Mulay agreed.

Didi called President Nasheed from his hand phone. From what I have learned since, listening to an interview Didi gave later, Nasheed did not want to talk with Didi much at that point. He asked to talk with me instead.

Didi handed the phone over to me.

President Nasheed and I had a conversation. I found him to be very cool, collected, even jolly. There did not seem to be any problem at all.

“Yameen, I have decided to step down. I have decided to resign. I am not the kind of person who wants to remain in power against the pulse of the people. I don’t want to rule by force,” he said.

“But,” he continued, “I am going to go to the President’s Office shortly—I have already invited the press—and I will resign in front of them. So I am going to the press now. If you are thinking of addressing the rally, I would like it if you did so after my announcement to the press.”

He himself said he had invited the press.

“I am going to the President’s Office to resign in front of the press,’ that’s what he said.

He even joked a bit, and said to me in English, “Yameen, you are still my friend.”

Still in English, he said,“Please ensure my personal security.”

I assured him that, but I also adde it was not advisable given the atmosphere on the island.

“My idea is to resign and head to my family home or to my wife’s residence,” he said.

“It may not be safe,” I replied. “Even if the security forces give you protection, the island is in a uproar. Why don’t you go to Arah [Presidential retreat island] or somewhere for two or three days with whomever you want? Or by yourself, if you like? That’s an option too.”

“I will talk to the security forces and with my party about your personal security and all of those things”, I added.

“If you are still my friend,” I asked him, “why then did you arrest me extra-legally two or three times for no reason?”

“I was arrested twenty-seven times,” he responded.

“How come? What? It was my brother that arrested,” I said.

“Yameen, these things happen in politics,” he said. So, I also saw Anni’s serious side.

In my assessment of the conversation there was absolutely nothing to indicate that he was that under stress. He laughed and joked. As I said, I found him a very collected person.

“I will see to the personal security issue and try to make sure no harm comes to you,” I assured him.

As soon as Didi came in, he had told me about a phone call from Ibu.

“I told him I am in a discussion with Yameen and Ambassador Mulay, so he hung up,” Didi told me. But I later heard Didi saying in an interview that Ibu told him on the phone about Anni’s decision to resign.

This [resignation] is not something I came to learn the next day. I was told this earlier the same morning. He did not confirm it to me later as I was told he would. Then the discussion with Mulay occurred.

“He has offered to resign,” I told both Ambassador Mulay and Didi at the end of the phone call with President Nasheed.

“He is going to meet the press in a few moments to announce it. So what is there to negotiate?” I said.

“In that case, shall I invite President Waheed to arrange for the oath of office and such?” Mulay responded.

“Sir,” I said, “Isn’t it too early for that? Anyway, that’s Waheed’s decision.”

That’s how the meeting ended.

My assessment of it is that President Nasheed and Mulay had a discussion about the grievances that they [security forces] might have, and wanted me to take down those grievances to get a three day respite for President Nasaheed. They thought if I were to give my word to the security forces and the public, they would listen to me. That’s how the day’s discussions went. Unfortunately, before room could be made for negotiations, President Nasheed voluntarily tendered his resignation.

**********

Did I have any information about President Nasheed making a concentrated effort towards judicial reform?

Yes, but I only learnt of that after the government had ended. I didn’t know about it before because I had been away for the most critical seven or so days of this. I was in Singapore for personal health reasons. I did not have an opportunity for spontaneous exchange of information. So, actually, I learned about President Nasheed’s intention to establish a Judicial Reform Commission—or in whatever name it maybe—only after the government changed. It was on the 8th that I came to know he had entertained such ideas. The hope was that, if the 7th had not become such a fearful day, it would have been commissioned as such. But I learned of this afterwards. On the eighth.

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