October 13, 2013 – Minivan News

Elections Commission processes 20,000 forms, as thousands queue to re-register

The Elections Commission (EC) has processed 20,000 voter re-registration forms, and is still serving a queue of thousands of tickets taken before yesterday’s 4:30pm deadline.

65,000 people re-registered to vote ahead of the September 7 election, which was annulled last week by the Supreme Court. With little over a week remaining before the rescheduled October 19 vote, the court at midnight on October 10 ordered the EC to collect voter fingerprints and restart the entire re-registration process from scratch.

The announcement of a 24 hour deadline for registration saw hundreds of volunteers in political party outposts working right through the night of October 11 in an effort to re-register thousands of voters. The largest party, the Maldivian Democratic Party (MDP) which obtained 45.45 percent of the popular vote in the annulled first round, said it had re-registered more than 33,000 people.

A system crash around 2:30pm Sunday afternoon due to the large volume of data saw the EC begin manually entering data to continue processing while the system was restarted. An official told Minivan News the problem was fixed two hours later at 4:30pm, however some people reportedly became upset as the manual process meant they were unable to be immediately issued with a confirmation slip. 2500 tickets remained at the time of the crash, the official noted.

Boisterous Progressive Party of the Maldives (PPM) and its allied Maldives Development Alliance (MDA) supporters in the queue quickly accused the EC of attempting to rig the election, while soon after 7:00pm police had arrived at the EC’s registration building and begun removing people from the waiting area.

By 9:00pm police had deployed barricades outside separating the MDP and PPM supporters, while the Elections Commission had begun calling numbers again and was stamping temporary receipts, with official receipts to be provided on Tuesday.

Elections Commissioner Fuwad Thowfeek told Minivan News on Friday evening that the EC had received threats that the voter registration section would be attacked, and that “people would throw stones at the windows and burn things there.”

“When we received that information we wrote to the police and Maldives National Defence Force (MNDF) requesting protection of our office. It’s very sad. There are a group of people who want to block this [vote], those who know they may not do well, so they are trying to buy time and make the election difficult. But I hope these things can be handled by the police and MNDF. The whole world is watching and wants this election,” he told Minivan News.

PPM presidential candidate Abdulla Yameen has meanwhile reportedly called on the EC to verify the fingerprints on all registration forms submitted, despite no organisation in the Maldives having the capacity to do this.

Foreign reporters to require business visas

The Immigration Department, which operates under the Ministry of Defence, has meanwhile declared that foreign reporters and camera crew must now apply for business visas and be vetted by the Ministry of Foreign Affairs.

Visiting journalists have previously entered the country on tourist visas, as business visas (costing MVR750/US$50 for three months) have required the sponsorship and collection of the visiting person from the airport by a local company or organisation.

“Up until now, we issue visas based on a list provided by the Elections (Commission). We cannot allow them to enter on a tourist visa and cover the election. We have communicated this to the relevant authorities,” Immigration Controller Dr Mohamed Ali told local media.

The procedure under which foreign media would be approved and sponsored was unclear, although Foreign Ministry Spokesperson Mohamed Najeel suggested that this would be processed through the ministry.

‘Death threat’ phone lines suspended

The Communications Authority of the Maldives (CAM) has informed local media that it has suspended 15 phone numbers accused of issuing death threats against Elections Commission officials.

The death threats received by the EC’s permanent staff and polling station officials prompted the commission to file a report with police following the Supreme Court’s controversial suspension of the second round of polling, and subsequent annulment of the first round.

CAM CEO Ilyas Ahmed told local media that police had also filed cases regarding several numbers.

“We only take action if there’s a serious problem with a number, and after filing the case to the police. This is a criminal offence and there is a judicial procedure to be completed, so we’re filing them to the police,” he told Sun Online.

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Q&A: “There are people who want to block this vote” – Elections Commission Chairperson Fuwad Thowfeek

The Maldives’ Supreme Court issued an injunction on September 23 to indefinitely delay the presidential election’s second round until a verdict was reached in the Jumhooree Party (JP)’s case against the Elections Commission (EC).

Ultimately the Supreme Court ruled to annul the first round of the 2013 presidential elections, held September 7, citing a secret police report on alleged electoral irregularities, despite unanimous positive assessment of the polling by more than a thousand local and international election observers. The apex court’s verdict issued around midnight on October 8 included 16 point guidelines the EC was to follow to hold new presidential elections before October 20.

Giving it just 11 days to prepare for the next round of the presidential election, the Supreme Court has also issued subsequent rulings dictating managerial and administrative tasks the EC must undertake while preparing for the repeat first round.

With the October 19 repeat first round less than a week away, Minivan News discusses some of the challenges faced by the commission with Fuwad Thowfeek, Chairperson of the country’s first independent Elections Commission (EC).

Leah R Malone: In a previous interview you noted that the EC would normally require 45-60 days of preparation to hold a presidential election in accordance with the Maldives’ constitution, presidential and general elections law. Will the Elections Commission be able to hold the presidential election’s repeat first round on October 19, given the limited preparation time available? Are you satisfied with how preparations are proceeding?

Fuwad Thowfeek: The Maldivian people have so much trust and faith in the Elections Commission. Our future, our democratic country, depends on how we act and react at this time.

240,000 voters believe in our work, and for the sake of the people coming to keep up the democratic process and rule of law we are sacrificing ourselves to get these things done in the short time given.

People everywhere I go tell me “Thank you for your work, don’t quit, don’t do anything to take us back [to dictatorship], don’t step down, don’t resign”. So many people are so worried [the election will not take place]. They have so much faith [in us], we should not and cannot let the Maldivian people down. We are not going to accept defeat. The election will be conducted, the votes counted, and the results released.

The EC’s staff are ready go ahead [with the election], they will give their maximum 100 percent support. This is the time we all have to sacrifice our holidays and our pleasure for the people of the country. Rarely will a person get a chance to do that for their nation.

We have been working very hard day and night with no break, there are three staff shift rotations [so the commission is working 24 hours a day, 7 days a week]. We also have to work through the Eid holidays.

We are making it possible for people of the country [to exercise their right to vote]. If this was only for our personal benefit we would not be [sacrificing so much].

Progressive Party of Maldives (PPM)’s Vice Chair Abdul Raheem Abdulla said he thinks it is impossible to hold the election October 19, so we will make the impossible possible.

(Recent videos on social media show PPM MP Abdul Raheem Abdulla using obscene language against Speaker Abdulla Shahid and insulting his mother during disorderly protests in Parliament by MPs of the government-aligned PPM and Jumhooree Party (JP).)

Death threats continuing

LRM: Has any progress been made regarding the investigation into the death threats received by Elections Commission officials? Or identifying who set fire to the lot next to your home?

FT: There has been no progress in identifying the individuals sending death threats to EC officials or determining who set fire to the lot next to my home.

LRM: Are Elections Commission officials still receiving death threats?

FT: I have not received any additional threats about being stabbed, but general threats against the Elections Commission are continuing. This evening (October 11) we received a threat that the voter registration section would be attacked, people would throw stones at the windows and burn things there.

When we received that information we wrote the police and Maldives National Defense Force (MNDF) requesting protection of our office.

It’s very sad. There are a group of people who want to block this [vote], those who know they may not do well, so they are trying to buy time and make the election difficult.

But I hope these things can be handled by the police and MNDF. The whole world is watching and wants this election.

Police elections role

LRM: Supreme Court’s verdict in the Jumhooree Party’s case against the Elections Commission mandates that the police should play a substantive role in handling the logistics and security of the election and ballot papers. However, after receiving the EC’s complaint that the security forces had ‘hijacked’ the EC the evening before the presidential elections scheduled second round, the Prosecutor General’s Office stated it will take any necessary action to ensure the constitution is upheld.

In this context, can police play an impartial role while adhering to the Supreme Court’s verdict, or does their involvement compromise the electoral process?

FT: We were told there should be more of a police presence from printing [ballot papers] until voting takes place. This time a police officer will accompany Elections Commission officials for every movement [of the ballot boxes].

Police officers still must adhere to 100 foot rule during polling and counting. Police should not be present [within a 100 foot radius of the ballot boxes] during counting. [After counting] once the boxes are in a certain place, police will then guard them.

The way the police reacted on the 27th [of September] was quite unfriendly… but we are trying to cooperate and I hope they will also give cooperation because this Supreme Court case has ordered the EC and all government institutions to follow the verdict.

(The EC was forced to postpone the presidential election’s second round, scheduled to take place September 28, due to a lack of state cooperation that prevented the commission from holding a “free and fair vote without intimidation, aggression, undue influence or corruption”. The announcement was made September 27, shortly before the EC secretariat was surrounded by Special Operations police with orders from Police Commissioner Abdulla Riyaz to take over the building and ballot papers should it proceed with election preparations.)

LRM: Was the EC ever provided the details of the police intelligence report that the Supreme Court’s verdict to annul the presidential election’s first round was primarily based on?

FT: The EC had not received the police intelligence prior to the Supreme Court verdict, but two days after the verdict was issued we were sent some documents and files. The document the EC received was “another analytical report based on the lists [in the police intelligence report] sent to the Supreme Court”.

We have still not been given the original police report based on their intelligence findings and observations. That report was passed between the Maldives Police Service, the Attorney General and President Waheed before being given to the Supreme Court. The Supreme Court based their verdict on these claims, not the EC’s records.

We are going to review the Department of National Registration (DNR) data ourselves and will verify if the data [in the police report] is true or false and differentiate between whether it is five percent or 100 percent accurate. We will analyse it as soon as there is time, but right now there is no time to verify and cross check.

(The police intelligence report has not been made public and was not shown to the Election Commission’s defence lawyers).

Supreme Court guidelines

LRM: How have the Supreme Court guidelines impacted the EC’s preparations for the presidential election’s repeat first round?

FT: I have been speaking with the Supreme Court Chief Justice to get clarifications regarding the verdict’s guidelines for the EC.

A difficulty is our ballot box officials will not be able to keep their cell phones, so one polling station official will have to remain 100 feet away with their cell phone. If any incident occurs a ballot box official will then have to walk over to the polling station official so they can call for assistance.

Another difficulty is that there are nine days of public holidays for Eid [and government institutions will be closed during that period].

Registration

LRM: How has the Supreme Court ruling issued October 11 that ordered the commission to restart the entire elections re-registration process impacted preparations?

FT: We understand from the Supreme Court that [in their order] they were referring to old forms without fingerprints [being invalid].

65,000 people previously registered on the ‘dhaftharu’ [the special registry for Male’ residents who are from other islands]. They have to re-register because there was no thumb print on their registration forms. They need to fill the registration form in the presence of two witnesses and all three must thumbprint the form. Although there is no way for the EC to verify the authenticity of their thumbprints.

I believe by cancelling over 65,000 [people’s voter registration] we will not be able to provide the opportunity to register many of them within the limited time. So many people will not be able re-register within the one-and-a-half days and although they will have the option to travel [back to their home islands to vote] it will be a burden for them: time and money.

For overseas voters, the one way to email their registration is after they fill the form, with two witnesses, and the necessary thumbprints they can then send it via email to someone who will then need to physically bring it to a Maldives Embassy. For example, if a Maldivian voter lives in Scotland, after filling the voter registration form, he or she can email it to a friend in London, who will then need to take it to the [Maldives] Embassy in London.

(The Elections Commission opened a 24-hour re-registration window – that ended at 4:30pm October 12 – for all eligible voters, after the Supreme Court ordered the EC to disregard re-registration efforts for the annulled presidential elections, and restart the entire process with fingerprinted forms for all voters who wish to vote in a location other than their permanent address.)

LRM: With the High Court ruling that it no longer has jurisdiction to hear election related cases, due to the Supreme Court’s verdict, how can individuals seek redress?

FT: I’m sure there will be so many complaints because ID cards [names and addresses] will have slight variations compared to the DNR’s voters list.

Now if an individual wants to seek redress regarding their complaints, they must file the case with the Criminal Court. Because of the Supreme Court verdict, the special consideration for the High Court to see to all election related matters is no longer valid.

Government Institutions

LRM: The Election’s Commission previously cited lack of state cooperation as one of the reasons it was prevented from holding a “free and fair [second round] vote without intimidation, aggression, undue influence or corruption” on September 28 as constitutionally-mandated. Are government institutions currently cooperating to re-hold the presidential election’s first round on October 19?

FT: The Elections Commission has been promised all government institutions will provide whatever they can [for the election to take place].

We have also been in contact with the acting Finance Minister and acting Home Minister to get input as well as the Maldives National Defence Force (MNDF), Maldives Police Service (MPS), the Department of National Registration (DNR), the National Center for Information Technology (NCIT), the Civil Service Commission (CSC), the Maldives National University (MNU) and the Prosecutor General’s Office (PGO).

MNU staff from the Faculty of Education and different sections because we need more people to do the work in they very limited time [before October 19], so we are asking them to come here [to the EC]. Some work has been delegated, for example the DNR is assisting with photo formatting.

LRM: The Supreme Court guidelines also require government institutions to enhance the commission’s database security, so how is the EC protecting its data from external influences?

FT: The EC’s data is still secured. We are using the NCIT’s expertise in areas where risk to data security is not involved. For example, the format of voters’ photos and attachments are different at the DNR and EC, so NCIT is converting the photo formatting and providing support in different technical areas.

Commission member resignation

LRM: With commission member Ibrahim ‘Ogaru’ Waheed resigning last week due to health reasons, when will the EC seek a replacement?

FT: We will seek a replacement after the presidential election, because the process takes time. The president has to call for applications, then send nominees to the ‘Majlis’ [‘Parliament’], and in many cases the names submitted will not be accepted.

To establish the current commission, and select the five members, the whole process took four to five months. It would probably take at least two months to find a replacement for Waheed.

International observers returning

LRM: What international election observers will be returning for polling on October 19?

FT: I’ve had friendly conversations with the German, American, and UK Ambassadors by phone to provide them updates. Right now the German Ambassador is here and we recently met in Male’ and the US Ambassador will be arriving from Colombo.

One of my colleagues in Brussels called to ask about EU observer teams coming and I said they are most welcome to come observe the election. The Indian High Commission has said a team of Indian observers are coming and the Commonwealth is also coming with a team.

We are very delighted to have them here and have sent written invitations to all the countries and organisations that came to observe polling on September 7, which included Japan, Thailand, India, Pakistan, the UK, US, Commonwealth, and EU.

Hopefully everyone will return to observe the election.

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HRCM has complete confidence in Elections Commission, says acting chair

Human Rights Commission of Maldives (HRCM) member Ahmed Tholal – currently acting chair or president – has told local media that the commission had complete confidence in the Elections Commission’s (EC’s) ability to conduct the upcoming presidential election freely, fairly and in a transparent manner.

The remarks come after the HRCM issued a press release on Thursday (October 10) stating that a letter has been sent to the EC concerning alleged “discrimination” in taking measures against political parties for illegal activities.

“As the Elections Commission is an independent state institution, [the HRCM] urged [the EC] to not discriminate among political parties and treat all parties equally when issuing warnings and taking measures concerning an illegal activity,” the press release stated.

While Tholal declined to comment about the HRCM’s letter, newspaper Haveeru reported that the letter was sent by commission member Ahmed Abdul Kareem without the knowledge of the other members.

HRCM regulations require that such decisions are made with the participation or vote of all members.

“We noted in our report after the election that it was conducted well. So we have that confidence this time as well. HRCM is ready to provide cooperation required by the Elections Commission at this stage,” Tholal was quoted as saying.

He added that the HRCM did not have any concerns or dissatisfaction with the EC.

Speaking at a press conference on Friday (October 11), EC Chair Fuwad Thowfeek said two members of the HRCM contacted him, apologised and explained that the press statement was issued by just one member without the knowledge of the rest.

“The two members have said they condemn the act as it was done without their knowledge,” Thowfeek said.

He added that HRCM Chair Mariyam Azra was currently out of the country as well.

“So we don’t find it easy to accept what just one member said because two members have informed me that it wasn’t a decision made by the Human Rights Commission,” Thowfeek said.

The two HRCM members told Thowfeek that they were “ashamed” because of the sole member’s personal antagonism.

Kareem has however denied the allegation that the letter was sent without the knowledge of the other members, claiming that the decision was made following consultation among the five members regarding a number of complaints against the EC.

While the letter was signed by Kareem alone, he claimed that the decision to send it was approved by a majority of the commission.

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HRCM calls on authorities to ensure inmates are able to vote

The Human Rights Commission of the Maldives (HRCM) has issued a statement calling on authorities to ensure that inmates detained at state penitentiaries and police custody are able to vote during the presidential election.

The HRCM stated that the police, human rights and Gender Ministry as well as the Department of Penitentiary and Rehabilitation (DPRS) should complete the things they have to, in order to make sure all persons detained in their facilities are able to vote.

The commission said it had sent a letter to the Supreme Court to discuss the verdict regarding the issue.

On September 5, a source within the Maafushi Prison told Minivan News that more than 200 inmates were not registered to vote because they do not have national identity cards. The source claimed that inmates have to pay the prison department to renew their ID cards but that there are inmates in the cells who have no way to get money.

He said that inmates have contacted politicians and been told it is the responsibility of the Home Ministry to make ID cards for all the inmates who do not have them.

The source also claimed that inmates have complained about both the Prison Department and the Home Ministry stealing the money the government had given them to get ID cards for inmates.

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JP, PPM fail to agree on contesting election with single candidate

Jumhoree Party (JP) presidential candidate MP Gasim Ibrahim will individually contest the election rerun scheduled for Saturday (October 19), after failing to agree terms with his rivals on uniting behind a single candidate against the Maldivian Democratic Party (MDP).

JP Policy Secretary Mohamed Ajmal confirmed that talks between Gasim and fellow candidates President Dr Mohamed Waheed and MP Abdulla Yameen of the Progressive Party of Maldives (PPM) had failed to result in an agreement to form an election coalition.

President Waheed announced Friday (October 11) that he would be withdrawing from the election rerun set for October 19, after polls held last month were annulled by the Supreme Court.

Waheed, who came in last place during the now defunct first round of polling on September 7 with 5.13 percent of the popular vote, said he had taken his decision in the “greater interest”of the Maldives, citing concerns about the integrity of the independent Elections Commission (EC).

The election, which saw an 88 percent voter turnout, was unanimously considered credible and democratic by more than 1000 local and international election observers.

Local media has meanwhile quoted the president as saying he would not back back any particular candidate ahead of the vote, despite previously pledging support to the PPM ahead of the cancelled run-off vote that was to be held on September 28.

President’s Office Media Secretary Masood Imad said he could not officially confirm the president’s stance on not backing a candidate at time of press.

The decision means that just three candidates will contest Saturday’s poll; MDP candidate former President Mohamed Nasheed, Abdulla Yameen of the PPM and Gasim Ibrahim of the JP.

Ajmal said that with Dr Waheed, Yameen and Gasim failing to agree on terms for fielding a single candidate to stand against Nasheed, the JP’s candidate would contest the polls individually along with his running mate Dr Hassan Saeed, as he had during the vote on September 7.

Speaking during a press conference yesterday (September 12), Gasim accused the PPM of being the main obstacle in agreeing to back President Waheed as a single candidate against Nasheed.

“I said the others must choose that path as well. Then it will be President Waheed who will contest elections. [I asked for that] because that is the path for success. However that did not happen. I myself told PPM’s President, [former President Maumoon Abdul Gayoom] that I was ready to do that,” he told local media during the press conference.

“When I had proposed this, PPM cannot lie and say [we] did not agree to a single candidate. Politics is dirty, but it shouldn’t be this dirty.”

PPM presidential candidate Yameen has meanwhile told newspaper Haveeru he did not believe the party would receive a sufficient number of votes by uniting behind Waheed. He raised an additional concern, that the incumbent’s running mate during the September 7 vote was Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali, adding that it was against the law to change a choice of running mate.

Thasmeen and his party have since pledged support for the MDP during the election.

“We cannot see a way to lawfully change the running mate. There is no way to change Thasmeen as Waheed’s running mate. So even in this sense, from a legal point of view, President Waheed is not a choice,” Yameen was quoted as saying.

The PPM presidential candidate was not responding to calls at time of press.

Cancelled vote

Gasim narrowly finished in third place during last month’s cancelled vote, taking 24.07 percent of ballots cast, with Yameen receiving 25.35 percent of the votes cast.

MDP candidate former President Mohamed Nasheed finished as front runner in the poll, securing 45.45 percent of the popular vote. However, he fell short of the 50 percent ‘plus one vote’ needed to secure the presidency during the first round.

Despite both local and international observers praising the September 7 poll and the conduct of the Maldives’ EC, the Supreme Court ultimately backed concerns raised by the JP over alleged voter irregularities and ordered a rerun of last month’s poll in its entirety.

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India calls for free, fair, inclusive and credible election, and a smooth transition of power

The government of India in a statement released on Thursday called on all Maldivian stakeholders to work towards holding a “free, fair, inclusive and credible election in a peaceful environment followed by a smooth transition on November 11”.

“As a close friend and neighbour, India has consistently supported the strengthening of democratic processes and institutions in Maldives. We believe that it is important that the stalled electoral process is put back on track,” the statement read.

“India strongly urges that the fresh elections dates stipulated in the verdict are adhered to so that a new President is elected in accordance with the wishes and democratic aspirations of the people of Maldives,” the statement added.

The statement comes at a time when the Elections Commission (EC) is preparing to hold the presidential election on October 19, after the previous election held on September 7 was annulled by the Supreme Court citing discrepancies in the poll.

Supreme Court judgement and its complications

The court ruled the election had lacked legitimacy, as there were 5,623 irregularities in the voter registry. The secret report was not shown to the Elections Commission’s legal team.

The judgement also laid down a “guideline” consisting of 16 points which the court claimed were necessary to be followed by the Elections Commission to ensure a free and fair, credible elections. These included a provision stating that re-registration form should only be accepted if it had the name, address, identity card number and fingerprint of the person requesting re-registration, the person submitting the form as well as [the same information of] two witnesses.

However, in a later order by the Supreme Court last Friday, the Elections Commission was ordered to restart the process of compiling the voter registry for those individuals who wished to vote in a location other than their place of domicile, disregarding previous re-registration.

This led the Elections Commission and political parties to begin a last minute re-registration drive to ensure all voters who wished to vote in a different island than their island of permanent residence were able to do so. Unless re-registered, these voters will now not get the opportunity to cast their ballot.

The Elections Commission has meanwhile said that it expects at least a minimum 60,000 people to have registered within the short time period. The commission has also said that it has been working round the clock to ensure the elections happen as according to the schedule given by the Supreme Court.

The ruling to annul the first round also contradicted the positive assessments of more than a thousand local and international election observers.

No legal void even if no presidential elect is determined by November 11: Supreme Court

Meanwhile India’s latest statement notes that it is important to follow the deadlines set forth in the constitution and the law.

“We deplore the recent incidents of political violence and appeal to all sides to maintain peace and calm and to refrain from extra-constitutional measures,” read the statement.

“We encourage all concerned in Maldives to work for free, fair, inclusive and credible elections in a peaceful environment followed by a smooth transition on 11 November 2013, as stipulated by the Constitution of Maldives.

In this regard, we welcome the statement issued by the Maldives’ President condemning efforts to stop former President Mohamed Nasheed from running for office of President of Maldives,” the statement added.

However, the Supreme Court’s judgement now means that even if a new president was unable to be sworn in on conclusion of the presidential term on November 11, the “principle of continuity of legitimate government would override any repercussions faced by failure to adhere to constitutional deadlines.”

India in its statement also assured that its commitment to work with the Government of Maldives and its state institutions for success of elections.

The Indian statement also coincided with a similar statement by the United Kingdom.

The UK Foreign Secretary, William Hague stated that “It is imperative that there are no further delays and the elections are free, fair and inclusive, and that international observers are invited.”

“It is important now that the democratic process proceeds in accordance with the Constitution,” Hague stated, calling on presidential candidates to respect the democratic process “and create conditions for free, fair elections.”

Meanwhile an early day motion was tabled in the UK Parliament calling upon the House of Commons to support the UN secretary general’s call for a “credible and peaceful second round of voting” in the Maldives.

The motion, sponsored by MP Grahame Morris, also called upon members of the House of Commons to declare that it “condemns those who are seeking to prevent President Mohamed Nasheed from participating in any future elections in the Maldives; further condemns the perpetrators of the arson attack that destroyed the opposition-supporting Raaje TV station in Male’; and demands that the authorities take all necessary steps to bring the perpetrators to justice.”

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Translation: September 15’s secret police report on election

This translation first appeared on Dhivehi Sitee. Republished with permission.

Shortly before midnight on 7 October 2013, four of the seven judges on the Maldives Supreme Court Bench put out a majority verdict annulling the first round of the 2013 Presidential Election held on 7 September 2013. The election was heralded as free, fair and largely free of errors by both local and international observers. The four judges ignored this consensus and, instead, chose to rely heavily on a ‘secret report’ compiled by a team of ‘forensic experts’ from the Maldives Police Service as the main evidence to support claims of Jumhooree Party, the complainant in the case. The report was so secret that it was not shared even with lawyers of the defendant, the Elections Commission, depriving them of the essential undeniable right of reply.

The following is a translation of another secret report the so-called expert forensic team compiled on 15 September 2013, the same day the Jumhooree Party filed its case at the Supreme Court. It was leaked on the internet yesterday. Although it is not the secret report which the Supreme Court ordered from the police after the case began, it is among the documents the court considered, and gives a taste of the quality of the greater report these experts later prepared. Hopefully, this latter report will also be soon made available for public perusal by a concerned citizen, as it should rightly be.

Read original (Dhivehi)

***************************************

Maldives Police Service,

Male’

Maldives

J2 (A)/2013/926

Issues noted in the Eligible Voters Registry used in first round of the presidential election & other problems with the election

Introduction

This report is [to] verify whether or not the allegations being made by political parties and political figures about validity of the results of the presidential election held on 7 September 2013 have any provable basis. Thus, this report compares and includes discrepancies noted in: the ‘Presidential Election 2013 — Eligible Voters List’ published by the Elections Commission on 30 May 2013 in the Government Gazette Vol.42, No.94 and “Amendments made to the Presidential Election 2013 Eligible Voters List published in Government Gazette on 30 May 2013 based on complaints received” that appeared in Government Gazette Vol.42, No.101 of 29 June 2013, and citizen information records kept at the Department of National Registration.

This report is based on multiple comparisons of a large number of records. Moreover, as the Elections Commissions has not even up to this day made public any list or registry of those of who voted in the presidential election on 7 September 2013, any discrepancies in the lists or registries used in the activity will enter this report also. However, it is believed that such an error-margin will be extremely slim. As this report regards the Department of National Registration Database as its main source, any incorrect information in it would also naturally enter this report. If the Elections Commission omitted listing the district when entering someone’s address, this report does not consider it as a problem or a discrepancy in address. Nor does it consider variations in spelling a person’s name as a discrepancy.

Points of Note:

In examining the Eligible Voters List, or Voter, and the records received from the Live Link of the Department of National Registration, several discrepancies were noted. They are listed below:

1865 people who were not given ID cards by the Department of National Registration were included in the Elections Commission’s Voter Registry. Information regarding those persons is included in Annex 01 of this Report

07 people whose information is not found in the Department of National Registration records were included in the Voter Registry. This information is included in Annex 02 of this report. One of these persons has made a Maldivian Passport.

588 who are believed to be now dead are included in the Elections Commission Registry. These dead people’s information is in Annex 03.

39 children who, according to the Department of National Registration Database, were not 18 years of age by 7 September 2013 were included (by modifying their date of birth) in the Elections Commission Registry. Annex 04 contains information on the children whose dates of birth are believed to have been altered.

Voter Registry shows 22 records of people who were on two ID card numbers. Annex 05 contains details of such people.

3568 people were noted whose Date of Birth on the Elections Commission Registry was different from that on their ID cards. Such persons are listed in Annex 06.

1627 people were noted as having discrepancies in their names. Their details are in Annex 07

10020 people’s records were found whose address on the National Registration Database did not match with their address in the Elections Commissions Registry. Their details are in Annex 08

747 people were found whose male female sex did not match[sic]. Their details are included in Annex 09. It is believed that the following problems arose as a result of mismatched sex:

According to the Registry gazetted by the Elections Commission a total of 5 women were registered to vote in Z.43.1.1 Lux Resort. It can be seen from the results announced on the Elections Commission website that 6 women voted in this box. Therefore, it must be believed that 1 woman more than was registered voted here.
502 women were registered to vote in Ballot Box No. NT.0.2 for Thaa Atoll in Male’. Results published on the Elections Commission website shows that 517 women voted in this box. Therefore, it is known that 15 women more than were registered voted here.
79 men were registered to vote in Box No.Z.50.1.1 placed on Robinson Club Maldives Resort. It is known from the results published on the Elections Commission website that 81 men voted here. Therefore, it is known that 2 men more than were registered voted here.
1 woman was registered to vote in Box No. Z.51.1.1 placed on Jumeirah Dhevanfushi Resort. It is known from the results published on the Elections Commission website that 2 women voted in this box. Therefore, 1 woman more than was registered voted in this box.

But, no votes were cast in these boxes more than the total numbers registered to vote there. Problems in votes cast in these boxes can be found in Annex 10. Detailed information about these will be found in Annex 10.

Below is a graph based on information listed above including the total number of problems found:

Problems that could arise with reference to points noted above:

In considering what has been noted in the Voter Registry, it is seen that there is some opportunity for fraud and rigging. Whether the problems in the Registry are intentional or otherwise, there is ample room to form the view that this could create opportunity for some people to vote illegally. Although the issues noted cannot be confirmed without first verifying them against the list checked at the polling booths, it must be accepted that even children under the age of 18 were allowed to vote. There is also room to say that people without a national identity card had the opportunity to create a card that is not valid and use it to vote. The view can also be formed that since there were 02 ID card numbers, one person could have had the opportunity to vote 02 times.

Other points of note:

Even though the Elections Commission acted according to Article 9 (a) of the General Elections Act which requires it to publish the Eligible Voters Registry in the Government Gazette at least 45 days (forty five days) prior to the election, it cannot be seen that the Commission published the information on their website as required. And, while second round of the 2013 Presidential Election is scheduled for 28 September 2013, the information still does not appear on the Elections Commission website.

Information has been received that Retired Judge Johan Griegler [sic] sent to the Maldives by the UN on request of the Elections Commission has not been given the opportunity to work there. Information has also been received that UN made a plea at the National Complaints Bureau to use his expertise. But, information has been received that he was not given the opportunity to work there that day.

It was also noted that even though Intelligence received information that the Elections Commission’s web server was hacked a few days before the election, and this information was relayed to the Commission, nothing was done about this for days. Even though it cannot be said for certain that information that could be ‘compromised’ was released as a result of hacked web server, it is believed that the server does contain such information. And, given that remote access has been granted to the server, it is certain that anyone who knows the password of that server will be able to access it from anywhere in the world. It was also discovered that it is this server which fetches the information and graphs needed for the Elections Commission website.

Because there is no one to take responsibility for the IT Department of the Elections Commission, that work has been assigned to Aminth Majda responsible for voter registration. That person works as Assistant Director of voter registration. Since most of the problems with this election is related to technology and registration, it is necessary for those investigating this to have information that it is one person responsible for these two things.

Although it was announced that arrangements were made for Indian citizens working in the Elections Commission to be absent from office on that day, information has been received that they were inside the premises on that day.

It was noted that, although percentage of voters was connected through net books assigned to those boxes through a web service, the link was broken at 15:00 on 7 September 2013 and could not be updated. Some people say that it was 71% of eligible voters who had voted at this stage. Information has also been received that, to ensure as many people as possible could vote in relation to this problem President of the Elections Commission Fuad Thowfeeq met with leaders of Jumhooree Party at 15:45 of that day. [The sentence structure is the Forensic Experts’, not mine.] And, the figure remained unchanged as voting continued until it showed a voter turnout of 88% at dawn. 2008 was a year when a lot of people voted, wanting a change. In comparison, unlike that time, various poll results showed that there were a large number of undecided voters. Even in the second round of the 2008 presidential election when citizens wanted a change, the voter turnout was 86%. Therefore, questions can be raised that there would be an 88% turnout this time.

While only one candidate, No.1 Qasim Ibrahim had a photo beside their name in the ballot papers used in the presidential election this time, some voters in Addu City saw ballot papers with photos of all candidates. In this regard, 4 people from Addu City have said they received this kind of ballot paper for voting.

Before the election, a person who played a lead role for a political party’s canpaign [sic] in Haa Dhaal Kulhudhuffushi printed some ballot papers similar to those used in this presidential election. This person and someone else were arrested in relation to this, and are being investigated.

Intelligence received reports sometime in the middle of this year that some people had got some ID cards printed abroad and were going to use it to voter registry using these cards, and investigations began to check the extent of truth in this information. Details about dead people were gathered through notes sent to various councils, and Intelligence began checking if any dead person had been included in the voter registry. But this work had to be brought to a halt temporarily because political actors and councils did not extend much co-operation to this work, Voter Registry was made public, media sources raised questions about this action by the police, and because of the extra work related to security of the election.

Some people are saying that when some people went to the voting stations to vote votes had already been cast in their names.

Proposals:

It is proposed that since investigations so far reveal problems with the Voter Registry, the Voters Lists used at polling stations on that day must be made public.
It is important that an audit be conducted of the server connected to the laptops at the polling booth, the server used in this work, and the system where the Voter Registry is kept.
Because some people are saying that when they arrived at the polling booth votes had already been cast in their names, this information must be collected. It is also the view that file information on how the records were updated on netbooks used must be checked, and how polling duty was changed must also be checked.
Given that the above noted problems can create more problems in the second round and could result in loss of peace, and given that even the work done up to now reveals a lot of problems that should not, relatively, exist in the voter registry, and because this creates the room for various parties to create doubts over the current preparations being done by the Elections Commission, and to ensure that people’s trust in elections preparations are upheld, and to seek public confidence in the results of the presidential election, it is the view that validity of the election must be proved to the public even if through government intervention.
When the points above are considered, there are problems that can affect the results of this presidential election. Therefore, it is the view that re-counting the vote boxes a second time will erase the doubts about the election in people’s hearts and reduce potential unrest related to this.
It is the view that because different people are saying that they saw different kinds of ballot papers, the ballot papers must be checked even if through random sampling.
It is proposed that in the future arrangements should be made to prevent foreign technicians from having access inside the Elections Commission. It is also proposed that, in circumstances where foreign technicians and experts are necessary, this information should be given to the public before people raise questions about something like that.
It cannot be accepted that registering voters through political parties is the best thing to do in the infancy of the Maldivian democracy. Therefore, it is the view that arrangements must be made so that everything to do with voter registration is done by the Elections Commission, and mechanisms established for easy registration.
This election has revealed the importance of recruiting staff to work at the polling stations well ahead of time so that it is assured such people are not affiliated with any political party.
It is the view that, to give people certainty and confidence, a security future [sic] be included in the ballot paper when they are being prepared. In circumstances where such a future [sic] is not included, and if a vote-related problem later arises where it has to be checked, then, if the only security futures [sic] it possesses are only futures [sic] that can be checked via a machine, it will be very time consuming and contains the potential for technical problems. It is the view, therefore, that some security futures [sic] visible to the naked eye be included in the ballot papers used in the election.

15 September 2013

Directorate of Intelligence

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2014 budget should be decided after election, says former finance minister

Former Finance Minister Ahmed Inaz has questioned the timing of a decision to present cabinet with the projected 2014 state budget less than 10 days before the scheduled re-run of the presidential election.

With the constitution requiring a new president be sworn into office by November 11, 2013, Inaz has told Minivan News that the budget should be decided by a democratically elected government immediately following the election, rather than by the outgoing administration of President Dr Mohamed Waheed.

The claims were made after the Supreme Court last month suspended the run off vote between Maldivian Democratic Party (MDP) candidate Mohamed Nasheed and Progressive Party of Maldives (PPM) rival MP Abdulla Yameen that had been scheduled for September 28.

The country’s apex court later annulled the first round, ruling that 5,600 ineligible votes had been cast.

With a re-scheduled poll just under a week away, the President’s Office has announced that Finance Minister Abdulla Jihad had presented the projected 2014 budget to the cabinet on October 8.

Whilst Jihad was not responding to requests for information, local media – citing unnamed Finance Ministry sources – have reported that the proposed budget is expected to total MVR16.5 billion.

The project spending plan come as the Maldives Monetary Authority (MMA) warned in its latest Quarterly Economic Bulletin that government finances have “further deteriorated in the first six months of 2013” due to a sizeable shortfall in expected revenue coupled with a marked increase in recurrent expenditure.

The economic bulletin revealed that the total government expenditure of MVR6.7 billion (US$435 million) in the first half of 2013 was 8 percent higher than the same period in 2012.

The growth of government spending was “entirely due to the 21 percent (MVR965.3 million) growth in recurrent expenditure, which was partly oﬀset by the 26 percent (MVR440.6 million) decline in capital expenditure during the period”, the report stated.

While the present government had previously anticipated the need for for a supplementary budget after state offices were found to have exhausted their entire annual recurrent expenditure for 2013 by April, the Finance Ministry has instead relied on short-term treasury bills (T-bills) to carry over its debts.

Former Finance Minister Inaz said the present government’s reliance on the sale of T-bills was only delaying moves to address the problems with state spending, while ensuring the cost of lending for both public and private enterprise goes up.

Inaz argued that it should be for the newly elected administration to outline how state spending would be handled to find an “agreeable solution” backed by parliament.

“What I mean by agreeable solution is that in the current political climate, I do not believe there will be a clear parliament majority, so we must learn to talk [between political parties],” he said.

“If we delay, this will only prolong the deficit and kill the tax system completely.”

Long term co-operation needed

The former minister said that during the administration of former President Nasheed – under which he himself served – there had been “reluctance” to talk with the country’s opposition.

He added that the same opposition had for their part worked to try and stymie financial measures such as proposed tax reforms that he said had nonetheless been partially introduced by the MDP in the form of the Tourism Goods and Services Tax (T-GST) and general GST.

Having spoken with the current presidential candidates, Inaz argued that there was a shared interest in finding a solution to current concerns over the size of the country’s budget deficit, but argued against what he called the short and medium-term revenue raising measures previously suggested by the current government.

“It will take long-term strategies rather than looking for short-term solutions to try and increase revenue. We must push more cash into the economy and take less money from banks,” he said.

“We cannot increase taxes much more at present, so I believe the smartest way forward would be on focusing to increase productivity. For instance, the revenues in 2011 [from taxation] were way above what we had expected at the time.”

While Inaz said he backed greater efficiency within the civil service and private sector as a key means of boosting revenue, he claimed that significant cuts to recurrent expenditure was not realistic at present.

He took the example of the previous MDP government’s attempts to reduce state wage bills, which he said had required redundancy packages that would not be affordable in the current financial climate.

However, Inaz claimed that any potential government should instead consider freezing current civil service numbers and not hiring any more public sector workers unless a vacancy arose, something he claimed had again been started by the MDP in 2012 before the controversial change in government in early February of the same year.

Former Economic Development Minister Mahmood Razee – another significant figure in the former MDP government – said that it was vital that parliament agree to implement a complete and comprehensive reform of the current taxation system.

Razee argued that the previous government had predicted that once its tax reform plans had been fully implemented to include measures such as income tax, there would not be any need to increase taxes like GST and T-GST as the Majlis previously had this year.

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Supreme Court majority judges “do not know what they are doing”: Nasheed

The opposition Maldivian Democratic Party (MDP) has conducted a counter-assessment of figures highlighted as electoral fraud in the Supreme Court’s verdict annulling the results of the February 7 poll.

The Supreme Court in its controversial judgement issued last week based its findings on a secret police report compiled by the court itself, with the assistance of police from the Forensic Directorate Department. The court ruled the election had lacked legitimacy, as there were 5,623 irregularities in the voter registry. The secret report was not shown to the Elections Commission’s legal team.

Former President Nasheed – who finished the September 7 poll on top with 45.45 percent of the popular vote – told the press on Saturday that the party’s legal team had only noted 242 instances of possible fraudulent votes in the Supreme Court’s majority ruling, and 473 instances of potentially fraudulent votes in the dissenting view given by both Chief Justice Ahmed Faiz Hussain and Judge Abdulla Areef.

Nasheed argued that neither of these figures would have made any impact on the outcome of the presidential poll.

The final results of the poll held on September 7 showed Nasheed securing 95,224 votes. The Progressive Party of Maldives (PPM) fielding Maldives former Dictator Maumoon Abdul Gayoom’s half brother, Abdulla Yameen finishedin second position with 53,099 votes, 25.35 percent of the popular vote. Jumhoree Party (JP) finished at third position with 50,422 votes – 24.07 percent of the vote – while incumbent President Mohamed Waheed Hassan finished at the bottom with just 5.13 percent of the vote or 10,750 votes.

The former President stated that while the margin between the candidates who finished third and second place of the race stood at 2,677 votes, adding either of the figures to the total number of votes obtained by Gasim Ibrahim would not have changed the outcome.

Analysis of the figures

At a press conference today, the MDP emphasised that irregularities on the voter registry such as incorrect address details did not prove or correspond to an instance of a fraudulent vote.

The party tallied the instances of fraud which were explicitly noted in the rulings, and stated this figure was a fraction of the number needed to influence the outcome.

According to the majority ruling, seven underage voters had cast their ballot in the poll while the dissenting view by Chief Justice Faiz and Judge Areef noted 12 underage voters as having cast their ballots.

The majority ruling highlighted 18 supposedly deceased people who cast their vote in the poll, while the dissenting view claimed 14 dead people had cast their ballots.

Regarding the repetition of names in the voter list, the majority ruling highlighted that 225 entries in the list as repeated. However, the dissenting view by the two judges stated 174 entries were repeated in the voter list, while 22 entries were found to have been repeated when compared to the Department of National Registration (DNR)’s database.

The majority ruling noted that seven people without records in the DNR database had voted in the poll, while the dissenting view noted 207 such people had voted in the poll, out of which 96 had voted under National Identification Card (NIC) numbers that did not match with the number in the voter list.

Both the rulings noted that seven people were given the right to cast their vote, even when their names had not been present in the voting list, after their names were added to the list in handwriting.

“No legitimate, internationally acceptable grounds to annul the poll”

Nasheed said while the Supreme Court had no legitimate or internationally acceptable grounds to annul the poll, the party would still work with the Elections Commission’s decision and was preparing for a fresh election to be held on October 19.

“Even if we get a chance as small as that of the eye of a needle to compete in a presidential election, we are going to win it swiftly. Our opponents have admitted it. They simply cannot win over us through a vote of the people,” Nasheed said.

The former president criticised the election guidelines laid down by the Supreme Court, which he described as the effective creation of new legislation made by the court. The mandate given by the constitution to the Supreme Court was to interpret laws, not to make new ones, he said.

“We have an elected parliament that is mandated to draft legislation. It is completely normal for Supreme Court to declare a part of this legislation illegitimate. But these guidelines, regardless of the name, are new legislation that instructs a state institution to follow a specific procedure. That is creating a law. They do not have that authority,” Nasheed stressed.

Nasheed said when the Supreme Court issued an order, this was required to be in pursuant to the law or the constitution, and if this was not the case, no institution was necessitated to follow those orders.

He also criticised the Supreme Court’s October 10 midnight ruling ordering the Elections Commission to compile a new voter registry, only days after releasing a judgement that ordered it to just amend the errors in the re-registration process.

“I think what is really happening here is that these four judges do not know what they are doing. I don’t think they are doing this purposely. As you know, these four have acquired very strange forms of degrees and maybe it is just that they do not have a clue about what they are doing,” Nasheed suggested.

“The current actions of the Supreme Court have now become acts carried out against the state. These four judges have become a threat to our national security. I call upon the security services to act immediately,” Nasheed said.

He expressed confidence that his political opponents would not succeed in their attempts to invalidate his candidacy, repeatedly claiming that this was “impossible”.

“People will not be surprised by attempts to bar me from contesting. I think the issue about candidacy is no longer newsworthy,” Nasheed said, when the question regarding his candidacy was asked.

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