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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JSC Chair refuses to be answerable to parliamentary oversight committee

The Judicial Services Commission (JSC) has informed Speaker of Parliament Abdulla Shahid on Wednesday that it will not be held answerable to the Majlis’ Independent Commissions Oversight Committee.

As the country’s judicial watchdog, the JSC has been summoned by the commission concerning the appointment of judges in the trial against former President Mohamed Nasheed.

Nasheed is being tried over his controversial detention of Criminal Court Chief Judge Abdulla Mohamed during the final days of his presidency.

In response to a summons from the parliament committee, JSC Chair and Supreme Court Judge Adam Mohamed responded in a letter stating that the JSC refused to discuss any matters concerning the Hulhumale’ Magistrate Court, as it related to an ongoing case.

According to local media, the letter stated that the commission would not abide by the parliament summons, citing a Supreme Court ruling that nobody could influence an ongoing case. The letter justified refusing the commission’s request by noting that the Supreme Court ruling also stated any decisions made against the ruling must be considered void.

JSC is legally required to attend committee: Parliament Speaker

Meanwhile, Speaker of Parliament Abdulla Shahid, who is also a member of the JSC, has responded to the letter stating that the JSC is legally required to attend and be answerable to its oversight committee.

In the letter, Shahid quoted Article 99 of the Constitution of the Maldives and Article 69 of the Parliament Regulations, adding that as per the constitution, it is parliament which has legal powers to decide on matters concerning independent institutions of the state.

“The Judicial Services Commission, established under Act 10/2008, is required under that law and the Constitution of the Maldives to be answerable to the parliament. Hence, it is mandated to attend the parliament and the relevant permanent parliamentary committee, and to be answerable and accountable for any work that they are doing, or have done,” local media quoted the letter as reading.

Shahid added that as he is incidentally also a member of the JSC, he held no reluctance to attend the parliament committee, even if in a personal capacity, to be held answerable for decisions made by the JSC.

Commission must be answerable to parliament: JSC Vice Chair

JSC Vice Chair, Criminal Court Judge Abdulla Didi, has meanwhile spoken out against the commission’s official response to parliament, stating that its refusal to attend the Independent Commissions Oversight Committee was not a decision of the majority members of the commission.

“From what I know, only three commission members attended the meeting where this decision was made. That doesn’t even meet the minimum required quorum to make a decision,” Didi stated.

“I, myself, could not attend the meeting because of the extremely short notice we were given,” he continued.

“All and any member of the commission must be accountable and answerable to the oversight committee at any time. No one can refuse to do so. As a member of the JSC, I am perfectly willing to attend the parliament meeting and answer to any questions they put to us,” Didi stated.

JSC members summoned

Following the JSC’s official refusal to attend, and the responses in conflict to that decision from the commission’s Vice Chair Abdullla Didi and Speaker of Parliament Abdulla Shahid, the parliament’s Independent Institutions Oversight Committee has once again summoned individual JSC members to a meeting scheduled for Thursday night.

JSC members summoned to the meeting are Vice Chair Abdulla Didi, Speaker Abdulla Shahid and member appointed from the public Sheikh Shuaib Abdul Rahman.

Sheikh Rahman on Wednesday publicly aired concerns about the politicisation of the commission, alleging that the commission had ‘handpicked’ magistrates for Nasheed’s trial and openly planned to eliminate him from the September 7 elections.

JSC has used the same justification to refuse to answer the parliamentary oversight committee in November 2012.

The oversight committee has previously determined that the JSC’s creation of the Hulhumale Court – in which Nasheed is being tried – is illegitimate. However this was overruled four to three by the Supreme Court bench, on request of the JSC. Supreme Court Judge Adam Mohamed – the JSC chair – threw the casting vote.

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Attorney general challenges Political Parties Act in Supreme Court

The attorney general has filed a case in the Supreme Court requesting a writ of mandamus against the Elections Commission to prevent dissolution of political parties that has failed to maintain the required 10,000 members as stipulated in the Political Parties Act.

The parliament’s overrule of presidential veto on the Political Parties Bill by a majority of 60 votes on Tuesday (March 5) means the bill will automatically came into force without needing ratification from the president.

Deputy Solicitor General Ahmed Usham was reported in local media as stating that enactment of the Political Parties Act meant political parties that do not have the required number of members would be dissolved without any transitional period.

The attorney general, he said, was of the view that dissolution of smaller political parties without a transitional period would compromise the rights of several parties.

The case

According to Usham, the state has requested the Supreme Court issue a writ that would prevent dissolution of the parties prior to a court decision, or until a transitional mechanism is set up.

“Referring to the legal principles employed in other democratic societies, dissolution of a political party that is formed in accordance with the law is only given on very exceptional occasions,” he told local newspaper Haveeru.

He contended that the consequence of ratifying the bill was that smaller political parties would be dissolved in an irresponsible manner without being given the opportunity to attain the required membership.

The attorney general requested the Supreme Court declare who should be held responsible for the debts incurred by a political party dissolved as per the Political Parties Act.

“We have filed the case in two ways. The first asking the Supreme Court to issue a writ declaring that smaller political parties will not be dissolved and the second to invalidate the clause which dictates dissolution of political parties that do not have a membership of 10,000. The bill failed to highlight who should be responsible to the debts incurred by the party and its employees,” an official from the AG’s office stated.

According to the official, the same arguments were reflected in the letter giving reasons for vetoing the bill, which was sent to parliament by President Dr Mohamed Waheed Hassan Manik before it was forced into law.

“Our concern is that political parties are legal entities, they have made contracts with several parties. If they are dissolved without a transitional period this compromises a lot of rights,” he added.

Passage of the bill

The Political Parties bill was passed on December 2012 however, President Waheed – whose own Gaumee Iththihaadh Party (GIP) is among those set to be dissolved – refused to ratify the bill and sent it back to parliament for reconsideration in January.

However, with unanimous support from both parliament’s minority leader and majority leader, the bill was forced into law by overruling the presidential veto on Tuesday. Out of the 67 members present during the vote, 60 voted in favour of the passage of the bill while six voted against the bill and one MP abstained.

The law will provide a three month period for any political party with fewer than 10,000 members to reach the required amount or face being dissolved.

Article 11 of the law states that at least 10,000 signatures would be needed to register a party at the Elections Commission (EC), which would be mandated to ensure that membership does not fall below the figure.

Parties unable to sign 10,000 members would be dissolved.

Immediate dissolution of smaller political parties

However following the ratification, President of Elections Commission Fuad Thaufeeg stated that the commission’s interpretation of the act suggests that political parties that do not have a minimum of 10,000 members could be abolished immediately.

He stated that once the act is gazetted, the commission was of the view that smaller political parties would immediately be dissolved. However, he said that EC’s legal team was currently reviewing the act and would make a decision based on its report.

“Our legal team is currently reviewing the law before it actually is enacted. The bill having passed by such a strong majority means that the commission would make all the necessary arrangements to begin enforcing the law,” he said.

He added that the law gives the Elections Commission additional powers to regulate and discipline political parties and that the law also gives powers to the commission to take action against parties that violate the law.

Despite several parties facing being dissolved, Thaufeeg said that he hoped to see several parties registered under the new law.

Condemnation

Several leaders of smaller political parties including President Waheed have criticised the Act.

During a party rally held in GIP headquarters, President Mohamed Waheed criticised parliament claiming that the legislature was very “stubborn” towards amending the bill.

Meanwhile, his party spokesperson Abbas Adil Riza said on Thursday in a press conference that the political parties act directly violated the constitution and compromised several rights guaranteed by the constitution.

“Fundamental rights can only be abolished through a public referendum. We want parliament members to amend the act,” he said. “Our problem is not just 10,000. The Act is flawed and has several lapses.”

He added that GIP wish to intervene in the case filed in the Supreme Court.

Meanwhile, Adhaalath Party leaders claimed the legislation was a direct attempt to dissolve the party and in the long run “eradicate” Islamic ideology from Maldivian politics and “defeat” the party’s efforts to oppose alleged attempts to secularise the country.

“This is a big political and legal challenge [they] placed before Adhaalath Party. The way the political sphere in the country is shaped today, it is very important for a political party like Adhaalath Party to exist,” said its leader Sheikh Imran Abdulla at the time.

DQP Leader Hassan Saeed echoed the Adhaalath Party in warning that he would seek to invalidate the bill through the Supreme Court if it was ratified. Latest statistics shows that the DQP’s membership currently stands less than 3,000 members.

“While it is a constitutional right for anybody to form political parties, I do also believe that a right could be limited through legislation. But such a limit should be placed in accordance to principles justified in other free and democratic societies. The current bill demanding a certain membership size in order for a political party to be registered is a big problem,” Saeed was quoted saying in local media.

Of the 16 parties currently in existence, only five parties now have more than 10,000 registered members, including the formerly ruling Maldivian Democratic Party (MDP) as well as the government-aligned Dhivehi Rayyithunge Party (DRP), Progressive Party of Maldives (PPM), Business tycoon MP Gasim Ibrahim’s Jumhoree Party (JP) and most recently, the religious conservative Adhaalath Party (AP).

According to EC, tourism magnate Ahmed ‘Sun Travel’ Shiyam’s Maldivian Development Alliance (MDA) have also attained the required number of members.

Political parties were first authorised in the Maldives in May 2005 following an executive decree by then-President Maumoon Abdul Gayoom.

The regulation required 3,000 members for registration and did not stipulate whether parties with membership numbers falling below the figure would be dissolved.

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Government appoints attorney general as acting human rights minister

Attorney General (AG) Azima Shukoor has been appointed as Acting Minister of Gender, Family and Human Rights, the President’s Office has announced.

Shukoor’s appointment comes at a time when the government has committed itself to review laws it has previously claimed discriminate against – and in some cases criminalise –  women and minors believed to be the victims of sexual abuse.

President’s Office Media Secretary Masood Imad declined to speculate on the reason for reappointing the role of acting gender minister, stating only that there was “not much time” and limited resources at the government’s disposal to “get its house in order”.

Masood told Minivan News last month that the Maldives had experienced a number of similar criminal cases of late where young women had been victimised and punished by authorities – a situation he said the government was looking to prevent.

“We are reviewing this right now and if we have to go to the extent of changing existing laws then we would look to do this,” he said.

The Gender Ministry and the Ministry of Islamic Affairs were among the state bodies requested to be part of any potential review, Masood has previously claimed.

Such commitments were made as authorities come under intense scrutiny from local and international civil society organisations following global media coverage of the trial and conviction of a 15 year-old girl on the island of Feydhoo in Shaviyani Atoll for fornication.

In a separate criminal case, the same 15 year-old girl has been identified as a victim of child abuse after giving birth to a baby later discovered last year buried in the outdoor shower area of her home.

Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder.

Azima Shukoor was not responding to calls from Minivan News at time of press.

Previous ministers

The acting gender minister position has previously been filled by Minister of Environment and Energy Dr Mariyam Shakeela.

Dr Shakeela was appointed as acting minister on November 21 last year as a replacement for Dhiyana Saeed, who was dismissed from the role for acting in a manner the President’s Office has previously said was not suited for a minister.

Dhiyana had strongly criticised President Dr Mohamed Waheed Hassan Manik and his government over the arrest of her husband, Kaashidhoo MP Abdullah Jabir, who was arrested under suspicion of drinking alcohol.

Jabir re-joined the opposition Maldivian Democratic Party (MDP) following the arrest.

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“No reason” to delay trial for just four weeks, says Nasheed

Former President Mohamed Nasheed has requested state institutions consider the Prosecutor General’s statement to the Hulhumale’ Magistrate Court during the most recent hearing of his ongoing trial.

During the hearing on Wednesday (March 7), state prosecutors said they did not object to delaying the trial until presidential elections scheduled for later this year are over.

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

Nasheed is facing criminal charges over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed during the last days of his presidency.

Speaking during a party rally held on Wednesday evening, President Nasheed stated that the four-week break granted by the Hulhumale’ Magistrate Court until the next hearing was an opportunity for state institutions to decide on the matter.

“Delaying trial for just four weeks has no meaning. There is no reason for it nor does it help anyone. We want the trial to be delayed till the elections are over. [The prosecution] gave one month and said that they did not object to further delays,” Nasheed told his supporters.

Nasheed said that it was very clear that charge of arresting the judge was not a charge against him alone, but several others as well.

He also warned that if the magistrate court issued a verdict that would bar him from contesting the elections, a lot of people would rise up against the decision and trigger a “very dangerous political insurgency”.

“Can remain straitjacketed for another 40 days”: former president

“[The government] and the prosecutor general knows very well that Nasheed of Galolhu Keneryge can remain straitjacketed for anther 40 days. He can do that. The torture he receives from it will not change anything,” Nasheed said.

Nasheed also criticised the Judicial Service Commission (JSC) stating that the problem with Hulhumale’ Magistrate Court was not just the panel of judges. He alleged that the JSC had formulated the bench and have now been forcing administrative staff of the court to do specific things to impact the trial.

Elaborating, Nasheed claimed that the current Cabinet Secretary of President Dr Mohamed Waheed Hassan Manik, Abdulla Nazeer – who was a state minister of education – regularly paid visits to the judges and cabinet ministers and regularly contacted the judges to inquire about the progress of the trial.

“Progressive Party of Maldives (PPM) presidential hopeful Abdulla Yameen does not talk about the case. Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali does not speak about it. But it is always traitor Waheed who speaks of it,” Nasheed said.

“He will always say it is with the courts. We are seeing today and every other day how much he is trying to influence this trial. It is posing a huge challenge towards a fair and transparent hearing.”

Nasheed further claimed that the current judiciary of the Maldives was being operated for the benefit of a few politicians.

Despite the law stating otherwise, the judiciary was incompetent and inexperienced, and could not guarantee a court room that would deliver justice to the people of the country, Nasheed said.

“They will take us tomorrow. Even then, be courageous. They will take us the day after tomorrow. Even then, be courageous. Next time it would not be just a day, next time it would be 10 days, perhaps a month but still we shall not back down,” he said, as supporters roared in support.

No withdrawal, no objection

Despite Nasheed’s remarks, Prosecutor General Ahmed Muiz stated that he was not withdrawing the charges against Nasheed, and said that he was still sticking by his decision.

He told local newspaper Haveeru that the state prosecutors will be present any time the court wishes to schedule the trial.

“We told [Nasheed’s lawyers] that we have no problem requesting the court delay the hearing for four weeks. We even told the court that,” he said. “I don’t mind even if the court delays the case. But we don’t have an desire to delay the trial. The court can carry out the trial the way they wish. I have no objection to it; we would follow the schedule they give.”

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.

However, 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 “have 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).

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 announced by the Elections Commission after it opened the opportunity to file presidential candidates.

Politicised trial

Speaking to Minivan News, the former President’s Spokesperson MP Mariya Ahmed Didi claimed the court’s decision reflected “how politicised” the trial was.

“The prosecution did say that they had no objection to defer the trial after the election. However, the court opted for a four week [delay],” she said. “We do feel that the fact that the PG has said that he did not object but the court to give only four weeks deferment shows how politicised this trial is.”

Didi added that Nasheed’s legal team had not ruled out the option of appeal and said that President Nasheed and senior members of MDP are currently engaged in discussion with the legal team on whether to do so.

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.

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

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Police arrest man on suspicion of assaulting Mariya Didi

A 26-year-old man has been arrested on suspicion of assaulting Maldivian Democratic Party MP Mariya Ahmed Didi, a year after the alleged assault took place.

Police Spokesperson Chief Inspector Hassan Haneef told local media that the man was arrested on 4 March 2013 in relation to the assault that took place on 7 February 2012.

According to local media, police have been investigating the videos of the unrest that followed the controversial change of power in February 2012.

The police have been criticised by various institutions for a failure to investigate several incidents that took place on February 7 and 8, 2012.

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