Month: September 2013

Scattered protests erupt in capital after MDP declares continuous protests against election postponement

Additional reporting by Zaheena Rasheed and Mariyath Mohamed

The Maldivian Democratic Party (MDP) has declared it will hold continuous protests after the Supreme Court’s sudden decision on Monday (September 23) evening to indefinitely postpone the second round of the presidential election.

The Supreme Court’s controversial injunction came just hours after parliament passed a resolution calling on all state institutions to ensure that the second round of the presidential election be held as scheduled.

Scattered protests involving hundreds of people erupted across the capital city of Male’ after the MDP’s National Council unanimously supported a motion calling for demonstrations until the Supreme Court allowed the elections to proceed.

During the meeting, MDP presidential candidate Mohamed Nasheed, who obtained 45.45 percent of the votes in the first round of polling on September 7, urged the Elections Commission (EC) to disregard the Supreme Court’s ruling in favour of parliament’s resolution and continue with election preparations.

“The Chief Justice has to find a solution. I call on the Chief Justice to uphold his duties,” Nasheed said, asking police to support the EC and the military “to keep us safe”.

Speaker of Parliament Abdulla Shahid confirmed to Minivan News that he was pepper sprayed by police while several MDP MPs, including Ali Azim and Mohamed ‘Bonda’ Rasheed, were reportedly taken away by police. Rasheed was reportedly released while Azim was taken into police custody.

Police Spokesperson Chief Inspector Hassan Haneef could not confirm the number of arrests, whether pepper spray was used, or provide further details at time of press.

Maldives National Defence Force (MNDF) spokesperson Colonel Abdul Raheem confirmed to Minivan News that military personnel had been deployed around the military’s headquarters following the Supreme Court’s election injunction, in line with “standard procedure”.

Demonstrators initially tried to enter Republic Square before being pushed back by a dozen police and being barricaded near Fareedhee Magu. Minivan News observed a small number of police equipped with riot gear on standby nearby.

A group protesters were observed hanging a large pair of white underpants on a police barricade, a reference to recently-leaked videos of Supreme Court judge Ali Hameed apparently fornicating with unidentified foreign women in a Colombo hotel room.

“This is not acceptable. The people’s voice cannot be blatantly rejected by four disgraced judges,” said 33 year-old Ahmed Thahseen, a demonstrator near Fareedhee Magu.

“I’m not going home until the Supreme Court gives a ruling and lets people have the due election,” 23 year-old protester Aishath Shaffa told Minivan News.

“Let’s see how that disgrace of a politican Gasim runs his businesses when the electorate goes on strike. The people are what matters. We are everything and the Supreme Court Needs to realise that,” said 52 year-old protester Fathimath Shareefa.

“The Supreme Court order is an absolutely unacceptable act. After all the work we have done, the protests, the campaigns, we won’t watch it all go to waste,” said Ahmed ‘Gahaa’ Saeed, the MDP’s member on the Commission of National Inquiry (CONI), who joined the protesters.

“If you look at all the statements given at CONI which have since been leaked, you will see the injustice that people have faced. We are being pushed back to square one all over again and the people refuse to sit back and take it,” he added. “We are here filled with hope. There is another force and I believe truth will prevail.”

The controversial injunction

Jumhooree Party (JP) presidential candidate and resort tycoon, Gasim Ibrahim, initially filed a case in the Supreme Court seeking annulment of the election results after he narrowly missed a place in the run-off with 24.07 percent of the vote, declaring at a rally that “God Willing, Gasim will be President on November 11″.

The case was intervened by the Progressive Party of the Maldives (PPM) and Attorney General Azima Shukoor, both of which sided against the Elections Commission.

The EC has defended itself arguing that not only had the JP had failed to substantiate or give the specifics of any evidence of fraudulent voting submitted against it, but even if this evidence were to be proven beyond reasonable doubt it was still insufficient to affect the outcome of the first round of election results.

The commission also pointed to unanimous positive assessments of the first round polls by local and international election observers, including the Commonwealth, US, UN, and Transparency Maldives.

In response President Mohamed Waheed’s government called on international groups to “help, not hinder the state institutions in exercising their constitutional duties”, while JP running mate and lawyer Dr Hassan Saeed declared in court that election observers “do not carry much weight”.

Monday evening’s sudden injunction stated that it had been discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” read the Supreme Court order.

Lawyer for the Elections Commission, former Attorney General Husnu al Suood, tweeted that the interim order by the Supreme Court “has no legal basis, and violates the constitution.”

MDP lawyer Hissan Hussein also said the Supreme Court’s order was unconstitutional, stating that the article 144 (b) it had invoked concerned the Supreme Court’s capacity to delay lower court verdicts, not elections.

Meanwhile, article 111(a) of the constitution stipulates “that a President shall be elected by over fifty percent of the votes. If no candidate obtains such majority, a run-off election must be held within twenty one days after the first election.”

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Supreme Court issues injunction indefinitely delaying election run-off

The Maldives Supreme Court has issued an injunction delaying the second round of the presidential election until it has finished looking into alleged discrepancies in the first round.

The second round had been scheduled for this coming Saturday – September 28.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” read the Supreme Court injunction.

The ruling was discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

The decision came today just hours after Maldivian Democratic Party (MDP) members held a demonstration outside the Supreme Court, brandishing stills from one of the numerous sex-tapes allegedly involving Justice Hameed.

The MDP – the party with the most votes in the first round, with 45.45 percent – reconvened the People’s Majlis in order to push for the reconstitution of the Supreme Court bench.

“We will not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution,” the MDP said in a statement last week.

Despite chaotic scenes inside the Majlis yesterday, the party was able to push through a motion today calling for the second round to go ahead as scheduled.

MDP MP Hamid Abdul Ghafoor has said he was not surprised by the decision.

“The Supreme Court has gone against all common sense, international opinion and the majority of the country without any evidence to do so,” he said.

Ghafoor added that any indefinite postponement of the second round vote was unrealistic, while claiming the decision had been made by the court without any real evidence to support its decision.

The MDP said it was too early for the party to announce how it would seek to move forward on the basis of the court’s verdict today, though he said it would “likely involve direct action.”

A meeting of the party’s National Council has been announced for 10:30pm at Male’ City Hall.

Constitutional?

The court accepted the case six days ago, after the Jumhooree Party (JP) – which placed third in the first round – filed a case to annul the vote, alleging multiple discrepancies and fraud.

In a week’s worth of hearings, the complainant has still to produce concrete evidence, with the Election Commission’s lawyer – former Attorney General – Husnu Al Suood likening the case to a “fishing expedition”, alleging the JP was hoping to file another lawsuit based on any evidence collected from the current case.

The JP has rejected any assumption that an indefinite postponement to the country’s election may lead to political instability in the nation.

JP Deputy Leader Dr Ibrahim Didi said that ensuring a free and fair election was ultimately the most important factor in assuring stability within the Maldives and a “sustainable democracy” going forward.

“Political stability depends on political leaders’ actions, reactions and their party’s activities,” he said.

Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen, who was set to stand against MDP candidate Mohamed Nasheed in the run-off vote, told Minivan News there was “nothing unconstitutional” with the court verdict.

“The Elections Commission got the opportunity to argue out their case and establish the credibility of the process,” he told Minivan News.

Yameen, who came second in the first round vote with 25 percent, said the country “should elect” a president soon.

“There’s time for that.  In [the presidential election of] 2008, voting was held on October 28,” he said, arguing that a postponement would not lead to any form of political instability.

Article 144 (b) of the constitution, titled ‘powers in constitutional matters’ states that, when deciding a constitutional matter within its jurisdiction, a court may make any order that is “just and equitable”, including:

“An order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the Constitution) for any period and on any conditions, to allow the competent authority to correct the defect.”

Elections Commissioner Fuwad Thowfeek previously told Minivan News that the constitutional timetable for the transfer of power could not be met should the run-off be delayed.

“120 days before the end of the current president’s term a presidential election must be held. If there is no election then the [democratic] constitution, presidential and general election law will not be satisfied,” he said.

Despite the vehement criticism from sections of the media, civil society and the JP, the conduct and capability of the EC has been universally lauded by international observers.

After Commonwealth Special Envoy, Sir Donald McKinnon, this weekend joined in calls for the September 28 run-off to go ahead as schedule, the Maldives Foreign Office warned international observers to “help, not hinder” the state’s institutions.

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Busting black magic on Guraidhoo

Aishath Moomina, a janitress at Kaafu Atoll Guraidhoo Island School, was attending to her usual early morning sweeping duties on September 3, when she found a kihaa (young coconut) with Arabic inscriptions buried outside the school gates.

Only a few days remained for the first round of presidential polls and ballot booths were to be set up at the school. That very same day, Moomina started to feel uncharacteristically tired and her skin started to burn.

“That’s when I knew it was black magic. This [black magic] happens every time there is an election,” she told Minivan News.

Guraidhoo, located 30 kilometers south of Malé and home to the country’s only home for people with special needs, is now at the centre of an election-related fanditha or black magic controversy. Since the discovery of the kihaa, various items with Qura’nic verses have been found in Guraidhoo School and throughout the island.

As a run-off election scheduled between the Maldivian Democratic Party (MDP) and Progressive Party of the Maldives (PPM) approaches on September 28, “cursed objects” have popped up in Fuvahmulah, Hithadhoo, Kudahuvadhoo and Velidhoo Islands.

Though the first round of polls went well, Moomina said that several students have had fainting spells, seizures, and have started to exhibit symptoms such as incoherent muttering, fainting, uncontrollable crying and tiredness.

On Sunday (September 22), Minivan News went to Guraidhoo Island to speak to residents on fanditha’s effect on the vote, finding a wide-spread deep belief in the supernatural, which combined with a tense presidential poll, has increased paranoia within the community.

This has spurred a group of men to actively patrol the two schools where polling booths will be placed and conduct a drive to undo the effects of fanditha.

Vote madness

The intense rivalry between political parties is evident on Guraidhoo’s narrow streets. The MDP’s yellow, the PPM’s pink and Jumhooree Party’s red flags fight for space, while political party campaign offices blast campaign songs at ear-drum shattering volume. Many islanders spoke of family members falling out and long-time neighbors refusing to speak to one another due to differences in political ideologies.

“There is a lot of turmoil in the island. People have gone mad for the vote,” said Faristha, a 47-year-old woman who discovered three Qurans buried in the lagoon. She believes the three Qurans buried in Guraidhoo’s lagoons are powerful black magic, as tradition dictates that the Quran only be disposed of in the open ocean or fast-flowing rivers.

“Black magic exists. If you believe in Allah and the prophet, then you must believe in djinns and black magic. The Quran says they exist. No man in their sane mind would throw away the Qurans like that,” she said waving her arms in anger.

Black magic is a crime punishable by death under the Islamic Shariah. While there are no legal sanctions or penalties against black magic in the written laws and regulations, the Maldives Police Services had arrested MDP activists and raided MDP protest camps on suspicion of black magic following the controversial transfer of power of February 2012.

With the proliferation of cursed objects, the Islamic Ministry released a sermon on Friday proclaiming black magic to be among the most evil of sins.

Black magic busters

Hassan Shuzeym, 35, is an artist, a caretaker at Guraidhoo’s Home for People with Special Needs, and now leader of the drive to undo black magic. Sitting at one of Guraidhoo’s newly opened guesthouses, the slim, dark-skinned Shuzeym told us how he organizes a 20-man patrol from dusk til dawn in order to ensure cursed objects are no longer buried at the schools.

A culture of performing black magic to coerce love or for personal gain had always existed on the island, Shuzeym told us over cigarettes and coffee. But black magic to influence votes on a large scale was new, he said.

“This magic is being done to change people’s hearts about their votes. But it’s only affecting the students who study at the school. We want to minimize the harm caused to people from the black magic.”

Shuzeym and his friends dig up objects and perform counter spells to cancel out their magic.

“In places where it is too dangerous to dig them out, we read surahs (chapters) of the Quran and sprinkle water on the area to cancel out their powers,” he said.

When asked how they knew where to look for cursed objects, Shuzeym told us with a mysterious look, “I can only tell you it is not with the help of humans.”

With their black-magic busting work, patrolling and observation teams, Shuzeym is confident the vote would be safe from all external influences.

As we left the guesthouse, we encountered a young MDP supporter who stopped us. Speaking on condition of anonymity, the young man told us he and his friends had performed one of the “black magic acts” that had created a furor in the island.

“I think the coconut is a fake, I believe black magic exists, but that coconut didn’t look real. I think it is by those who oppose us to intimidate us, so we spilled lots of water around all the entrances around both schools, just for a joke. We did not think anyone would take us seriously,” he said.

However, upon discovering water at the entrances, the janitors at Guraidhoo School stopped all students from entering the school premises until the school’s headmaster arrived and permitted them to do so.

“In the end, even if the coconut is fake, it has only been positive. We have more security for the vote,” the young man added.

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Police investigating suspected black magic coconuts in mosque wells

‘Fanditha’ (‘magic’) coconuts were found yesterday (September 23) in the wells of three different mosques on Kudahuvadhoo Island in Dhaal Atoll.

Police are investigating the suspected black magic coconuts, which had Arabic script on the husks, according to local media.

Meanwhile, a fanditha ‘kurumba’ (‘young coconut’) with two figures drawn on the husk was thrown into the religious conservative Adhaalath Party (AP)’s meeting hall on Kulhudhoofushi Island in Haa Dhaal Atoll, reports local media.

The coconut was thrown into the premises after the security guard had fallen asleep, senior AP activist Mohamed Moosa told local media.

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Finance Minister Jihad to oversee Maldives Hajj pilgrimages

Finance Minister Abdulla Jihad will head a government body formed to oversee Hajj pilgrimages undertaken by Maldivian nationals, according to the President’s Office.

The government announced its intention in May to establish the state-owned Maldives Hajj Corporation Limited following a recommendation by the Cabinet Economic Committee.

President Dr Mohamed Waheed opted at the time to form the company with 100 percent government shares.

The announcement of the company’s foundation follows recent legal wrangling in the Maldives’ courts over whether the Islamic Ministry should be forced to reevaluate several unsuccessful bids by local Hajj groups wishing to offer pilgrimages.

The case was filed on the back of concerns at alleged corruption within the current system.

Select Hajj groups were this year authorised by the government to provide transport and accommodation for pilgrims in Mecca, as well as offering guidance in helping them complete the religious rituals.

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HRCM condemns post-election political unrest

Human Rights Commission of the Maldives (HRCM) has released a press statement condemning the current cases of political unrest occurring in the Maldives following the first round of the presidential elections held on September 7.

“HRCM condemns the use of inhumane rhetoric which is against national interest and provokes unrest in the community, calls to cause harm to people, the damaging of peoples’ property and campaign offices of political parties,” the statement read.

“The commission also strongly condemns the acts of physical violence, the use of inappropriate language, the damaging of state property, and other acts by members of parliament which demeans the respect and dignity of the parliament in the parliamentary session held on September 23.”

“While freedom of expression and freedom of assembly are important rights guaranteed by the Constitution of the Maldives, this commission advises all persons to exercise these rights within the limits outlined in the constitution and laws. This commission also calls out on everyone to refrain from any actions which may give rise to discord or unrest,” the statement concluded.

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Supreme Court continues collecting statements from Jumhooree Party witnesses

The Supreme Court today (September 23) continued taking statements from witnesses produced by the Jumhoree Party (JP), in the party’s ongoing bid to annul the first round of presidential elections over allegations of discrepancies and irregularities in the voting process.

The Supreme Court commenced direct examination and cross examination of witnesses during last Sunday’s hearings, during which three witnesses produced by the JP gave their testimonies to the court.

During the hearing Chief Justice Ahmed Faiz announced that the JP had requested to produce 20 witnesses to give evidence in court to support their case.

Due to a request made by the JP’s lawyers on Sunday, the statements of all witnesses were taken with special arrangements made to ensure their anonymity. The witnesses gave their statements in a separate room and their voices were distorted to protect their identities.

The first witness produced by the JP told the court that his friend working as an election official had informed him that his younger sister – who lived in Malaysia and never went to vote –  had her name on the list in Male’ and which showed that she had voted.

During re-examination, EC Lawyer Husnu Al Suood asked the witness whether he knew which ballot box in which the alleged discrepancy occurred, but he refused to answer and told the judge that he would give the details “in writing” to the court.

When Hisaan Hussain, the lawyer from the opposition Maldivian Democratic Party (MDP) which has intervened in the case, questioned the witness as to whether he was affiliated with any political party, the witness, despite initial reluctance, said that he supported the Dhivehi Rayyithunge Party (DRP).

The second witness, a female, told the court that she was not able to vote in the elections because EC officials had told her that her National Identity Card (NIC) number did not match with the one that was on the commission’s database. The witness reiterated that despite turning up with an official document from the Department of National Registration, EC officials refused to allow her to vote.

The third witness, a police officer who was on security duty during the time of polling, told the court that he had witnessed elections officials packing up all the paperwork on the ballot counting table – including the original ballot papers – and putting them into a cardboard box, after the officials announced the provisional results of that box.

The police officer said that once the officials had packed the box, they took it away in two taxis. He said that although he had expected them to head to Dharubaaruge, the officials instead went to the secretariat of the commission located in Maafannu.

When the EC lawyer asked the witness what his duty of the day had been, the police officer told the court that he was ordered to follow the EC officials who had left in the taxi, but did not reveal who had given him this order.

When the MDP lawyer questioned the officer as to what distance had he been from the ballot box, the officer said that he was just approximately 15 feet away from the ballot box, 85 feet closer than the 100 foot distance police officers are regulated to maintain from the box.

A fourth witness, a female, told the court that when she contacted the EC to re-register for the run-off election, the EC officials had told her that she had already been registered to vote in Male even though she claimed that she had neither re-registered of voted during the first round of elections. She also contested that the EC official had told her that she had voted in Male.

Another witness told the court that when he had gone to vote, the list which the EC officials working at the ballot box were using showed his name being highlighted as if he had already voted in the election.

However, the witness claimed that following protests and complaints, the officials later allowed him to vote after manually writing down his name and details on the printed list.

During today’s hearing the court was not able to collect statements from two witnesses whose statements had to be collected through telephone.

Each of the two witnesses had appeared in their respective island’s Magistrate Courts to give their witness through telephone. However due to poor reception the court was not able to obtain their statements.

The Chief Justice said that testimonies of the two witnesses would be taken in the next hearing.

After the collection of evidences by witnesses, the JP Lawyer Dr Hassan Saeed requested the Supreme Court give it the party the opportunity to present two new documents of evidence, which included a new list of fraudulent voters and a copy of the leaked police intelligence report currently being circulated around social media.

In response to the request, the judges said that the leaked document could only be accepted after discussing the matter with the other judges. However Deputy Solicitor General Ahmed Usham – who was representing the state, which had also intervened into the case – requested the court for permission to present the original intelligence report to the court, citing that the one that had been leaked on social media had been a part of the original report.

In concluding the hearing today, Chief Justice Faiz said that during the next hearing that the court would try to obtain the statements of the two witnesses, whose statements the court was not able to collect today.

Faiz did not state the date when the next hearing would be scheduled.

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EC providing 473 ballot boxes for 239,868 eligible voters during presidential election runoff

The Elections Commission (EC) has announced 275 new eligible voters will be added to the registry and 4 additional ballot boxes will be needed for the presidential election’s second round runoff scheduled for Saturday (September 28), reports local media.

The addition of newly turned 18 year-old voters and the subtraction of individuals who the EC has confirmed recently died has brought the total number of registered voters nationwide to 239,868.

Additionally, three ballot boxes will be placed on resort islands in the Maldives, while a ballot box will also be stationed in Medina, near Riyadh in Saudi Arabia for Maldivian Hajj pilgrims, EC Secretary General Asim Abdul Sattar told local media. However, a ballot box will not be available on Lily Beach Resort, as it was during the first round of polling.

Thus, ballot boxes stationed in the Maldives and in various locations worldwide will total 473.

During the presidential election’s first round, held on September 7, 470 ballot boxes were needed to accommodate 239,593 eligible voters. Ultimately voter turnout totalled 88.44 percent, with 211,890 people having cast ballots.

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Attempted arson at MDP campaign meeting hall in Male’

Two petrol bombs were thrown toward the Maldivian Democratic Party (MDP)’s ‘Janbu Jagaha’ meeting hall in Male’ Saturday night (September 21), reports local media.

Two people on a motorcycle threw the bombs at the meeting hall around 11pm, but the flaming projectiles landed on the pavement, an eyewitness told CNM.

However an alternative local media report stated that articles of clothing were set on fire and hurled at the MDP meeting hall.

“Over the weekend some people apparently tried to torch the Male’ campaign coordination centre on Majeedhee Magu [Male’s main thoroughfare],” MDP MP & Spokesperson Hamid Abdul Ghafoor told Minivan News today.

The Maldives Police Service (MPS) told local media they are investigating the attempt to set the meeting hall on fire.

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