Category: Politics

Alleged calls between EC Chair Thowfeek and former President Nasheed leaked

Following the Supreme Court’s verdict removing Elections Commission (EC) President Fuwad Thowfeek and his deputy Ahmed Fayaz from their positions, an alleged phone call between Thowfeek and former President Mohamed Nasheed has been leaked on social media.

The approximately 3 minute long recording consists of Thowfeek and Nasheed allegedly speaking on two different instances. The first conversation appears to involve Thowfeek expressing concern that the court was looking into the case against the EC, and the second focuses on the re-registration to various constituencies of people on the municipal register.

In the first call, the voice alleged to be Thowfeek’s states that “the Supreme Court has once against started on one of its games”, opining that it posed challenges in the work that the commission is conducting in preparation for the parliamentary elections.

While half of the response – alleged to be Nasheed’s – is unclear, he can be heard as saying that he has been made aware of the matter and is thinking about it.

The second call – seemingly initiated by Nasheed – consists of Nasheed calling Thowfeek and speaking about those on the municipal register being redistributed to various constituencies.

“Some of our members went to discuss the matter of the municipal register border, didn’t they? It was agreed then that Maafannu will be kept as in the final report, yes? In short, it was agreed that some changes will be brought to Henveiru and the remaining people on the register will be distributed to the four constituencies of Maafannu, yes?” the voice alleged to be Nasheed’s is heard saying.

The respondent in the recording is then heard to say: “Yes yes, the current borders are something that everyone has agreed on.”

The first voice then inquires, “have any additional changes been brought to the list later on the request of Maafannu Hulhan’gu constituency’s MP Abdulla Abdul Raheem?”

Thowfeek responds saying that no such changes had been brought, but that Abdul Raheem had come to the commission and made many comments.

“I deliberated with various politicians about my concerns”: Fuwad Thowfeek

Thowfeek has responded to the leaked audio, speaking to local media Haveeru today (March 10).

He stated that in various instances, he had deliberated about numerous concerns that arose during his work at the Elections Commission, with numerous political actors.

He detailed that he had spoken of his concerns regarding the Supreme Court’s case against the commission with various politicians, including former President Nasheed.

“I also shared this concern with President Abdulla Yameen through a text message. In that same manner, I shared my concerns with Nasheed too,” he is quoted as saying.

Regarding the conversation about the municipal register, Thowfeek stated that various politicians had visited the commission and held a number of different discussions on the matter.

He said that he had addressed any questions that politicians had about how the commission had sorted out the matter of the register, and had clarified any doubts they might have had.

In this manner, he had offered clarifications to Nasheed, as well as to various members of parliament via phone or through their visits to the commission offices.

“This includes members from all political parties. This even consists of members who support the government. I do not see that there is any problem with offering clarifications about a matter to anyone,” he stated.

The full leaked recording can be listened to here.

Likes(3)Dislikes(0)

Supreme Court strips Fuwad, Fayaz of EC membership

The Supreme Court has stripped Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan of their membership in the commission and sentenced the former to six months in jail.

The jail sentence was however suspended for three years.

The Supreme Court judgment also ordered the executive, parliament and the EC to “make all necessary arrangements” within six days to conduct the parliamentary elections as scheduled on March 22.

According to article 175 of the constitution, at least three members are required to “constitute a quorum at a meeting of the Elections Commission, and any decision of the Elections Commission shall be taken by a majority of votes of the members present and voting.”

With the Supreme Court’s removal of the EC’s president and his deputy, the remaining members are Ali Mohamed Manik and Mohamed Farooq.

Thowfeek was sentenced under article 88 of the penal code, which states that it is an offence to “disobey a lawful order”.

The Supreme Court summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations that allow the apex court to initiate proceedings and act as both prosecution and judge.

Of the five judges on the bench hearing the case, Chief Justice Ahmed Faiz Hussain and Justice Adam Mohamed Abdulla issued dissenting opinions.

The majority opinion was formed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, and Justice Ahmed Abdulla Didi.

Delivering the verdict, Justice Saeed contended that EC members had “openly and systematically” brought the Supreme Court into disrepute, “deliberately challenged Supreme Court rulings” and “serially held [the court] in contempt” during press conferences.

The EC’s announcement for dissolving political parties without a minimum membership of 3,000 was in violation of the Supreme Court judgment that struck down articles in the Political Parties Act, the verdict stated.

Moreover, Fuwad Thowfeek’s public statements against the Supreme Court’s “procedures and jurisdictions” contravened the Judicature Act and constituted an act in violation of article 141 of the constitution – which states, “No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.”

The court determined that the president and vice president must bear responsibility for “disobeying and challenging” Supreme Court judgments and orders, which were issued in its capacity as “the guardian of the constitution.”

Fuwad and Fayaz’s actions also contravened article 145(c) – which states, “The Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law.”

The court ruled that the pair had “lost the right and legal status to remain members of the commission” and declared the seats vacant.

“Practical difficulties”

While testimony given to a parliamentary committee was used to implicate commission members of contempt of court at the second hearing, at the last hearing of the ‘sumoto’ trial on March 5 the Supreme Court imposed a travel ban on EC members pending a judgment.

Following the Supreme Court’s summoning of EC members last month, former President Mohamed Nasheed declared that the MDP will boycott the parliamentary elections if the court removes EC members.

The Supreme Court’s actions have also been been criticised by civil society and the European Union.

Speaking to Minivan News tonight, Thowfeek said he was unsure how the parliamentary polls could take place as scheduled in less than two weeks.

He noted that the president would have to invite applications from interested candidates for the three vacant EC posts and forward nominees to parliament, after which a parliamentary committee would evaluate the nominees ahead of a vote on the Majlis floor.

“It’s very difficult for me to say anything because the Supreme Court reason given for our punishment is because of when I spoke about the impracticality of the 16 point guidelines,” he said.

“When I talk about the practical difficulties, they say nobody is supposed to talk about the practical difficulties.”

Today’s Supreme Court judgment meanwhile stated that Thowfeek had admitted to attempting to hold the second round of last year’s presidential election despite a Supreme Court stay order halting the electoral process.

Following the first round in which former President Mohamed Nasheed emerged the frontrunner with 45.45 percent of the vote, third-placed candidate Gasim Ibrahim sought annulment of the results alleging widespread electoral fraud.

Pending a ruling on the business magnate’s appeal, the Supreme Court indefinitely suspended the second round scheduled for September 28 and issued a supplementary midnight ruling ordering the police and military to forcibly prevent the EC from conducting the polls.

The EC had said it intended to comply with the constitutionally-mandated deadline for the run-off, but was forced to capitulate after it was surrounded by special operations police with orders to storm the building, arrest officials and confiscate ballot papers.

On October 7, the Supreme Court annulled the results of the first round of the polls conducted on September 7 in a controversial 4-3 decision – citing a confidential police report – despite unanimous positive assessment of the polling by more than a thousand domestic and international election observers.

The eventual revote on October 19 was also obstructed by police, after Progressive Party of Maldives candidate Abdulla Yameen and Gasim refused to sign the voter registry – a requirement from a 16-point guideline imposed on the EC by the Supreme Court judgment.

* A previous version of this article stated that all four members were sentenced to jail. The Supreme Court verdict later shared with the media however stated that only Fuwad Thowfeek was sentenced.

Likes(0)Dislikes(0)

EU Election Observation Mission reveals monitoring plans

In preparation for the upcoming People’s Majlis elections, the European Union has implemented a full EU Election Observation Mission (EOM) in order to deter malpractice and support the democratic process.

The mission is led by Chief Observer Eduard Kukan – a member of the European Parliament from Slovakia and former Minister for Foreign affairs. Mr Kukan introduced the EU EOM at a press conference held in Malé today (March 9).

“The mission comprises of five election experts who are being joined by four long-term observers on 9th March. Some 20 short-term observers will be deployed closer to election day,” the statement read.

“This will be the first full EU Election Observation Mission to take place in the Maldives, and I hope that our presence will contribute to a peaceful and inclusive democratic environment for the benefit of the Maldivian people,” Mr Kukan added.

Prior to and during the elections, the observers will meet with everyone involved, and will look at the entire electoral process.

“The findings of the EU elections missions are based on verifying facts following an analysis of all technical aspects,” Mr Kukan noted.

The EOM is to work independently to give an “impartial, balanced and informed analyses of the elections”. In doing so, the mission hopes to monitor the extent to which the election complies with the country’s international democratic commitments and to domestic law.

Their findings will be published in a report intended to strengthen human rights and the rule of law, to deter malpractice, and to improve the electoral environment. The report will also make concrete recommendations to help improve the electoral framework.

The EU was invited to conduct the mission by the Maldives Election Commission (EC). This invitation was independent from any other government organisation, though the EOM has signed a Memorandum of Understanding with the Ministry of Foreign Affairs.

When Mr Kukan was asked if the Supreme Court charges against the EC will affect the forthcoming elections he stated, “we have to be very cautious.”

However, the mission head added that it would be inappropriate to give an assessment or any statement.

This will be the Maldives’ first full EOM, following the EU’s monitoring of the 2013 presidential election which the organisation – along with all monitors, domestic and international – described as “transparent and competitive”.

After the Supreme Court had begun investigating allegations of fraudulent voting, former Attorney General Dr Hassan Saeed, told the court that positive assessments of the September 7 presidential poll by local and international election observers “do not carry much weight”.

“Yes, I even agree that the voting process went very smoothly. But those foreign observers don’t know the depth of the issues. Their words do not carry much weight. Some of the elections which have been observed by the international observers, some people have died, but yet they have reported the election went smoothly,” Saeed told the court.

The Supreme Court subsequently annulled the first round of the election, imposing a set of 16 guidelines upon the future activities of the EC.

A preliminary statement of the current mission’s findings will be announced at a press conference to be held within two days of the elections, which take place on March 22.

Following this, a final report will be published two months after the elections.

The mission will operate in line with the “Declaration of Principles for International Election Observation”, which was adopted in 2005 by a number of international organisations at the United Nations in New York.

Likes(1)Dislikes(0)

MDP asks High Court to halt Feydhoo primary election court case

The Maldivian Democratic Party (MDP) has asked the High Court to issue an injunction halting the ongoing Civil Court case filed by MDP MP Alhan Fahmy disputing the result of the party’s Feydhoo constituency primary election.

The party asked that the case be halted until deliberations were concluded on a procedural issue raised with the High Court.

The MDP had suggested that the Civil Court could not proceed with the case as Alhan had not completed all the party’s internal appeal procedures.

Newspaper Haveeru reported that Alhan told the High Court bench today that an injunction against court proceedings could only be issued in situations where either the defendant or respondent might face damage beyond repair should the case continue.

Judges questioned the MDP’s lawyer as to whether the party charter specified that a member could not file a lawsuit against a party decision without first taking the case to the party’s appeal committee, reported the paper.

The MDP lawyer acknowledged that the charter did not state that a member could not file a lawsuit.

The party’s legal representatives did note that Alhan’s stabbing – from which he has been recovering in Sri Lanka – came 18 hours after the party announced the primary results for Feydhoo constituency, giving him time to have filed a case with the appeal committee.

After losing the contest for this month’s Majlis elections to Mohamed Nihad in February, Alhan claimed that the list used on polling day was different from the eligible voter lists, and that any candidate who won the party ticket through a fraudulent vote could not be a valid one.

Last week, the Civil Court informed Alhan that it was beyond its jurisdiction to invalidate the candidacy of Nihad.

Alhan has called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

The MDP’s election committee confirmed that 67 members were missing from the list at the ballot box, but decided against holding a re-vote, arguing that the primary outcome would not change even if these members were allowed to vote.

On February 1 – the same day Alhan announced that he would file a case with the court to cancel the primary – he was stabbed while at Breakwater cafe in the artificial beach area of Malé.

Following the attack Alhan’s left leg was paralysed though he has since regained the ability to walk with the aid of a crutch.

Alhan rejoined the MDP in June 2013 after an apparently acrimonious departure in April of the previous year. Party vice president at the time, Alhan was ejected – alongside party President Dr Ibrahim Didi – after the pair publicly questioned the MDP’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from the influence of Nasheed. Alhan subsequently joined the government-aligned Jumhooree Party.

The MP was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

Alhan is now contesting in the parliament election as an independent candidate.

Likes(0)Dislikes(0)

Coalition leaders urge independent candidates to withdraw

Leaders of the ruling Progressive Coalition have urged members of coalition parties running as independents in the upcoming parliamentary elections to withdraw their candidacies.

Speaking at a campaign event in Malé on Thursday night, former President Maumoon Abdul Gayoom expressed “regret” with coalition supporters contesting as independents.

The vote being split among pro-government candidates could see “candidates we don’t want” finishing top, the Progressive Party of Maldives (PPM) leader warned.

Gayoom called on independent candidates to drop out of the race and endorse the coalition’s official candidates.

He went on to thank independent candidates who have recently endorsed PPM contestants ahead of the polls scheduled for March 22.

Former PPM youth wing leader, Ibrahim Nazim – who was contesting as an independent in the mid-Henveiru constituency – endorsed PPM candidate Aishath Leeza last week.

The three parties in the Progressive Coalition – PPM, Jumhooree Party (JP) and Maldives Development Alliance (MDA) – reached an agreement to allocate constituencies among the coalition partners with the PPM contesting 50 seats, JP contesting 28 seats, and the MDA contesting seven seats.

First-past-the-post

Speaking at Thursday’s night campaign event for PPM Hithadhoo North candidate Al Ibrahim, Home Minister Umar Naseer – who was dismissed from the now-ruling party in April 2013 – said that members of coalition parties were contesting as independents in 64 constituencies.

Such candidates were claiming to represent their parties despite the coalition fielding a candidate from a different party, Naseer said.

He warned that candidates from the opposition Maldivian Democratic Party (MDP) could benefit in cases where the vote was divided among pro-government candidates.

In the first-past-the-post Majlis elections, candidates would not need to secure 50 percent of the vote to be elected.

Meanwhile, in a campaign rally in Alif Dhaalu Dhagethi last night, JP Leader Gasim Ibrahim reportedly accused independent candidate Ahmed Thoriq ‘Tom’ – a national team football player –  in the Alif Dhaal Mahibadhoo constituency of falsely claiming to represent the PPM.

The Mahibadhoo constituency was reserved for the PPM in the coalition seat allocation deal.

Gasim said he visited the island this weekend with two PPM council members – MPs Ahmed Nihan and Ahmed Mahloof – to explain to PPM supporters that Tom was not campaigning on behalf of the party.

The business magnate and former presidential candidate said he was confident that the PPM would not field candidates in constituencies ceded to the JP.

In the wake of January’s local council election, President Abdulla Yameen told the press that party members who contested as independents cost the ruling coalition a number of seats.

President Yameen claimed that 85 percent of independent candidates for local councils were PPM members.

PPM members decided to contest as independent candidates in constituencies reserved for the JP, Yameen explained, despite instructions from the party.

“Similarly, a JP member contested as an independent for the Addu atoll mid-constituency where our candidate got the ticket and contested,” he added.

Two sides of the scale

Returning to a central theme of last year’s presidential campaign in his speech Thursday night, former President Gayoom said voters were offered a choice between stability and defending Islam on the one hand and drugs and anti-Islamic behaviour on the other.

Referring to the MDP’s slogan of “vote for the scale of justice,” Gayoom said voters must choose which side of the scale to support.

On the PPM’s side was protecting Islam, the rights of citizens and the nation’s independence and sovereignty as well as progress, development, peace and consolidating democracy, he contended.

The main opposition party has meanwhile been campaigning on a platform of judicial reform, empowering local councils, and government accountability.

In his speech last night, Gasim expressed confidence that the JP would secure 25 seats from the 28 constituencies the party was contesting.

While JP MPs would back the PPM-led coalition government for the next five years, Gasim said the party could not accept unlawful actions from the government.

“If things are done against the law or by deceiving the public, we are going to have to the push the necessary button. That is the responsibility of Majlis members as stated in the constitution,” Gasim reportedly said.

Likes(3)Dislikes(0)

“They say they have trust in the judiciary because they can influence it”: Nasheed

Former President Mohamed Nasheed has responded to President Abdulla Yameen’s declaration of trust in the judiciary by alleging that his confidence arises from the ruling Progressive Party of Maldives’ (PPM) ability to influence the judicial process.

Nasheed stated that both Yameen and his coalition partner Gasim Ibrahim of the Jumhooree Party were expressing utmost trust in an institution that the European Union and the United Nations, as well as Maldivian citizens continued to regard as in need of reform.

“By insisting that they hold such a strong trust in this institution, they are really confessing to the fact that they have undue political influence over this institution.”

They are saying that they have confidence that they can do whatever they want at any particular time through these courts,” Nasheed suggested.

He stated that the biggest obstacle to maintaining Islamic principles was the corrupt state of the judiciary and accused the Supreme Court of abusing and breaching the constitution.

“What is most needed is the services of a lawyer to become free of criminal charges. The government should not be allowed to place whatever charges they want against citizens,” he continued.

“What we are seeing today is the Supreme Court raising charges against anyone whenever they want and then themselves launching investigations into the matter,” Nasheed said, adding that the Supreme Court was currently acting in a manner previously observed in the 1980s.

Nasheed further described the apex court as having turned into a “political campaign office” due to what he alleged were political discussions which were taking place among the judges, and various statements of political nature made by them.

He accused the court of working “like the police, with utter impunity”, adding that the MDP would continue to raise its voice against any and all unconstitutional actions – regardless of who commits them.

Case against the Elections Commission

Speaking with regard to the Supreme Court’s current case against the Elections Commission (EC), Nasheed alleged that the panel of judges were “pulling members of the EC to court in an attempt to exert political influence over them”.

He dismissed the court’s actions as being unconstitutional, stating that as per law, the People’s Majlis – and not the apex court – held oversight powers over the EC.

Meanwhile, Vice President Dr Mohamed Jameel Ahmed has levied criticism against the EC, arguing that justice must be served to all alike, regardless of the office they hold.

He accused the EC of deliberately presenting obstacles and difficulties to his PPM at the approach of every election.

“Every time the PPM complains that the time the commission provides for any certain task is not sufficient, the EC will claim that they cannot extend the deadline. Then they will go ahead and extend the deadline anyway. This is something that we in PPM find very worrying,” Jameel said.

Jameel said that in order to win any election, the PPM had to face three competitors – the Maldivian Democratic Party, clandestine funds provided to the MDP by unknown entities, and the Elections Commission itself.

The Vice President further accused the EC of working against the laws which govern it, and of attempting to work in a manner that is beneficial to a certain party.

Civil Service

Speaking of his recent trip to the southern atolls, former President Nasheed noted that he had observed a trend of employees being transferred or fired based on their political affiliations.

“I want to say to the Civil Service Commission’s President Dr Latheef to please be aware. If even a single civil servant has to face such a loss, how will you defend your seat once we gain majority in parliament? We will closely observe what is done to the civil servants,” Nasheed stated.

He also alleged that employees at various tourist resorts were also being unduly dismissed for political reasons.

In the last quarter of 2013 – just ahead of the presidential election – employees from Irufushi Beach and Spa Resort and Sun Island resort spoke to Minivan News about what they alleged was the purging of employees based on their political affiliations.

Likes(4)Dislikes(2)

Attorney General unveils 207-bill legislative agenda

Attorney General (AG) Mohamed Anil unveiled a 207-bill legislative agenda last night for the current administration’s five-year presidential term.

Speaking at a ceremony held in Nasandhuraa Palace Hotel to launch the AG Offices’ strategic plan along with the legislative agenda, Anil said the the agenda was comprised of 98 new bills and 109 amendments to existing laws.

Anil observed, however, that bills should originate from parliament instead of the executive in “a perfect presidential system” and criticised the People’s Majlis for its lack of initiative.

“[Submitting bills] should be done by the Majlis as well. But we don’t see that spirit in the Maldives,” he said.

Of the 207 bills, Anil said the government hoped to submit 65 pieces of legislation to the legislature this year once the 18th parliament was sworn in after the elections on March 22.

“One of the highest priorities of the legislative agenda will be formulating bills for implementing the [policies] in the government’s manifesto,” he said.

The new legislation includes bills on establishing special economic zones, conducting public referendums, regulating the legal profession and health services, as well as new laws governing children’s rights, medical negligence, free expression, and implementation of the death penalty.

Anil said that the AG office was working with independent bodies to expedite and strengthen the functioning of new institutions created by the constitution.

The AG office has received assurances from the judiciary of its cooperation in drafting laws to strengthen the justice system, he added.

As a result of parliament’s failure to complete the legislative framework needed to enact the 2008 constitution, Anil said there were “many laws and provisions in our books that are contrary to the constitution.”

The new administration has commenced efforts to identify and abolish outdated and unconstitutional laws, Anil said, adding that the legislative agenda and strategic plan were formulated for that purpose.

Anil also criticised the administration of former President Mohamed Nasheed – which took office three months after the ratification of the new constitution – for failing to pass legislation needed to strengthen and reform the judiciary.

He suggested that the Maldivian Democratic Party government did not prioritise legal reforms due to the political situation at the time. As a result, he added, the shortcomings of the justice system worsened over the years.

The AG’s office will review the problems in the judiciary and enact reforms during the next five years, he said.

Budget constraints and legislative framework

The AG also expressed concern with the MVR17 million (US$1.1 million) annual budget allocated for his office, which he said posed difficulties for executing its responsibilities.

While the office needed 43 lawyers, he noted that there were only 18 presently working at the office.

The AG’s Office should have a budget of similar size to that of the Prosecutor General, Anil insisted – which was MVR26 million (US$1.7 million).

The team working at the AG office was “inexperienced and young” but hardworking and determined, he added.

In August last year, parliament revealed that 43 bills were required to give effect to the constitution, of which 24 were submitted and 18 were passed by the 17th People’s Majlis.

Legislation currently under review at the committee stage includes the education bill, the penal code, the criminal justice procedures bill, and the evidence bill.

Among the 19 bills that have yet to be submitted included legislation governing public referendums, freedom of expression, press freedom, parliamentary ombudsman, state secrets, defamation, women’s rights, public services, trade unions, legal counsel, civil justice procedures, and national security.

The executive was also required to submit amendments to existing laws governing the Human Rights Commission, the Civil Service Commission, the auditor general, children’s rights, and family matters.

Meanwhile, prior to the ratification of the new constitution on August 7, 2008, parliament passed a General Regulations Act as parent legislation for over 80 regulations without a statutory basis, or which did not derive their authority from an act of parliament.

The parent act prolonged the lifespan of these regulations – deemed necessary for administrative functions and service provision – for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act, could be enacted.

Since the first deadline for passing the new laws elapsed in 2009, parliament has been extending the general regulations law for one-year periods. The last extension was approved in April 2013.

Likes(0)Dislikes(0)

EC concerned over insufficient funds to hold Majlis election

With parliamentary elections due to be held on March 22, Elections Commission (EC) member Ali Mohamed Manik has stated that the commission’s budget does not currently have sufficient funds to hold an election.

Manik stated that, while an estimated MVR38 million is needed for the parliamentary elections, the commission’s budget has a remainder of MVR9 million after the salaries of staff and allowances for political parties are subtracted from the total value.

“Currently, even the unpaid bills amount to more than MVR9 million,” Manik told local media on Thursday.

“The Finance Ministry is saying that there is money in the budget because they are considering the money put aside for salaries and political party allowances,” Manik explained.

“In that manner, yes, there might be MR30 million. But the fact is that that money is reserved for a particular purpose.”

Manik stated that the commission is facing numerous difficulties because of the budget insufficiency.

“Even now, we are having to send some staff to election trainings without their food allowances. This would affect staff motivation, and in turn affect the work of the commission.”

“We have also been unable to pay some staff who worked in the local council elections. There are also numerous bills from that election which still remain unsettled,” Manik revealed.

He assured, however, that all preparations were continuing to be made for the upcoming parliamentary elections despite the budget difficulties.

The EC informed the Majlis government oversight committee on March 3 of the failure on the part of the Ministry of Finance and Treasury to provide the allocated budget for the election in full to the committee.

The ministry subsequently responded to the committee via letter – stating that the funds had not been released as the commission already has unspent money in its budget.

Concerns over the ability of the commission to fulfill its mandate independently has been voiced both in the Maldives and abroad in recent weeks as the Supreme Court continues with contempt of court proceedings against all four EC members.

After telling the oversight committee that he no longer considered the EC to be an independent institution earlier this week, EC President Fuwad Thowfeek and his colleagues were summoned to the court and reprimanded once again for questioning the court and its rulings.

Shortly after yesterday’s session, the court imposed a travel ban on all four members of the commission.

Likes(3)Dislikes(1)

Supreme Court imposes travel ban on Elections Commission members

The Supreme Court has today ordered Elections Commission (EC) members not to leave Male’ until a verdict is reached in the ongoing contempt of court case.

EC Director General Mohamed Shakeel has said the order was addressed to all four members separately.

EC President Fuwad Thowfeek has revealed that he yesterday asked the court for a two day medical trip to Sri Lanka.

“I requested to leave from Thursday to Tuesday, but I have now postponed the trip till the case is over,” said Fuwad.

The order came just hours after the court concluded a hearing in the ongoing contempt of court case against the commission today.

Today’s hearing had focused mainly on Thowfeek’s comments about the court’s guidelines, made in the Majlis government oversight committee on Monday.

The judges questioned Thowfeek over his statements, asking if he would follow the guidelines in the coming elections.

Similar comments made by EC members in the same committee were also used by the court in the previous hearing of the trial.

While Article 90 of the constitution provides parliamentary immunity for anything said in the People’s Majlis or it’s committees with the exception of statements “contrary to a tenet of Islam”, Justice Abdulla Didi today repeated his argument that contempt of court is against a tenet of Islam.

Chief Justice Faiz said that, even within the parliament, an ongoing case should not be discussed and when asked about such a case one could object to answering.

Judge and plaintiff in the same case

When Justice Dr Ahmed Abdulla asked if Thowfeek had made any comments stating that the court had acted against the constitution, he responded by saying that the judge, plaintiff, and defendant should be three separate people.

He said going against it would be against the spirit of the Constitution and Islamic Shariah.

Justice Abdulla Didi responded by saying that initiating a case on a court’s own accord is practiced in civilised societies and said that the constitution allows referring to practices used in democratic and civilised societies.

When Thowfeek reiterated that the court could not be a plaintiff in their own case, he was interrupted and asked not to create ‘fitna’ (mischief) without proper legal knowledge and warned that such comments could be considered as contempt of court.

The EC Chief later said the court’s Suo Motu regulation is against the spirit of the constitution and that it has created legal some conflicts.

Justice Abdulla Saeed explained that in Islamic Shariah and historical practice in Maldives it was the court or the judge that summoned people, and that prosecution by the state was recent innovation.

When Thowfeek asked if the case against EC was a criminal or a civil case, Justice Abdulla Didi said it was a Suo Motu case.

Following SC guidelines

The second major issue raised at the hearing was the obligation to follow all requirements SC guideline that came with the verdict which annulled the September 7 presidential poll.

Fuwad told the court that it was impossible to gain the signatures of all election candidates as required by the guidelines.

Justice Abdullah Saeed said that “the court verdict is the law and what is meant in the constitution” and warned that EC’s refusal to follow verdicts could prompt members of the public to do the same, leading to lawlessness in the country.

Though he insisted that the EC was willing to follow the verdict, Fuwad said that candidates could not be forced to sign the voters list.

Justice Adam Mohamed Abdulla explained the independence and powers of the judiciary, referring to Article 141 (d) and (c) of the constitution and other regulations.

He questioned the rest of the EC members separately about their views on Thowfeek’s comments on the case and the the Supreme Court guidelines.

All members agreed that the guidelines should be followed, but expressed there were difficulties in following these guidelines. Like Thowfeek, the statements of other EC members who tried to detail the difficulties were interrupted by the judges.

Justice Abdulla Didi said that the guidelines were not impossible, and criticised the commission’s spending on ballot boxes in foreign countries such as the UK.

The EC was accused of spending a lot of money on that included “staying in five star hotels”.

Stating that it was against international best practices, he said that if the EC wanted they could send the list to the candidates who refuse to come to Male’ and sign the lists.

EC members were first summoned to the court on February 12 when the court launched the trial on charges of contempt of court under newly introduced ‘Suo Motu’ regulations which allows it to initiate hearings on it’s own accord.

The next hearing of the trial have been scheduled for Sunday at 1400 hours.

The court proceedings have been criticised by the civil society and the European Union.

Likes(0)Dislikes(0)