Category: Politics

MDP will not respect separation of powers, says President Yameen

The Maldivian Democratic Party (MDP) did not respect separation of powers during its three years in government, President Abdulla Yameen has said, urging voters to consider the track record of former President Mohamed Nasheed’s administration before choosing parliamentary candidates.

Speaking at the Progressive Coalition’s parliamentary campaign launching rally on Thursday night, President Yameen strongly criticised the opposition party’s campaign slogan – “Vote for the scale [of justice] for separation of powers” – contending that an MDP-controlled parliament would exert undue influence on other state institutions.

“Our rival opposition party is saying that they are coming to the People’s Majlis to separate powers. No doubt separation of powers is important in modern democratic systems. Separation of powers is a basis we all believe. But let us consider how responsibly and the extent to which powers were separated during the three years of the MDP government,” he said.

“We have to learn from past experience and they have shown very well, in much detail, during their three years how they want to separate powers in the future.”

The state of affairs that prevailed in the country at the end of the MDP’s three years in government should not have been what it was if the party had ruled democratically, Yameen argued.

Yameen said he “could not believe” that national debt could rise from MVR5 billion (US$324 million) to over MVR30 billion (US$1,195 million) during a democratic government.

MDP in office

President Yameen claimed that the MDP government attempted to merge the three powers of state during its time in office.

Yameen referred to the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012, which he contended was prompted by “verdicts or punishments not being delivered the way the president wanted.”

Moreover, the arrest of two opposition MPs in June 2010 “showed the extent to which political space was offered” to members of the People’s Majlis, Yameen said.

Following the en masse resignation of Nasheed’s cabinet on June 29, police arrested then-MP Yameen and MP Gasim Ibrahim over allegations of bribery and treason. Both MPs were subsequently released by Judge Abdulla.

Yameen also referred to the delayed appointment of the Anti-Corruption Commission’s (ACC) President Hassan Luthfy, who was eventually sworn in 24 months after parliament approved him for the post.

After President Nasheed recalled Luthfy’s name and proposed a substitute nominee in late 2009, parliament rejected the substitute and approved Luthfy to the commission.

The President’s Office delayed swearing-in the new commissioner as it sought a Supreme Court ruling. Yameen alleged that the appointment was held up to prevent the ACC from functioning.

MDP MPs have not shown “even a small example of separating powers,” Yameen continued, accusing opposition MPs of obstructing the government and blocking development projects.

“Dark clouds” on horizon, warns vice president

Yameen also accused the opposition party of refusing to cooperate with the government on confirming the appointment of a new prosecutor general.

“So I have to say that it might be that they are obstructing [the appointment] because there are cases involving [opposition MPs]. This is why I am saying they are not trying to separate powers. What we are seeing is the merging of powers,” he said.

In his speech at the rally, Vice President Dr Mohamed Jameel Ahmed contended that MDP MPs contesting the upcoming parliamentary elections endorsed former President Nasheed’s alleged “inhumane activities” and “insults” to Islam and the Prophet Mohamed (pbuh).

Voting or campaigning for such MPs was “without a doubt aiding and abetting sin and strife,” he said.

Repeatedly urging voters to consider the MDP’s track record before voting on March 22, Dr Jameel called on the public to vote for coalition candidates to empower citizens, defend the constitution and protect Islam.

Reiterating a central theme from last year’s presidential campaign, Dr Jameel insisted that the MDP would pursue an agenda to eradicate Islam from the Maldives.

The vice president also said he could see “dark clouds gathering” on the horizon, warning of arson in the capital Malé and judges “tied with rope and dragged through the streets.”

Former President Maumoon Abdul Gayoom – figurehead and leader of the ruling Progressive Party of Maldives – meanwhile praised the candidates fielded by the PPM and its coalition partners Jumhooree Party and the Maldives Development Alliance.

Gayoom stressed that the Progressive Coalition must “work together” in the parliamentary campaign to secure a majority in the People’s Majlis, adding that government supporters contesting as independents would split the vote and benefit the MDP.

“Our three parties are working together as one party. We are working towards one objective. So there is no doubt that candidates contesting from our parties will have the full support of the other two parties,” said Gayoom.

“That is why I am saying that the foundation of the efforts we are commencing is working together, helping one another, and cooperating with each other.”

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Majlis committee to summon police for clarification on Alhan stabbing case

Parliament’s privileges committee has decided to summon police officers next Sunday to clarify details of how the investigation into the attack on Maldivian Democratic Party (MDP) MP Alhan Fahmy is proceeding.

Speaking to Minivan News, MDP MP Imthiyaz ‘Inthi’ Fahmy, who submitted the case to the committee, described the incident as a murder attempt.

Alhan was stabbed in Malé on February 1 while at the Breakwater cafe in the artificial beach area.

“It is a concern to the whole parliament,’’ Inthi said. “It undermined the privilege of all the MPs, that’s why I sent a letter to the committee.’’

He said that a meeting was held regarding the case, and the committee had decided to ask police to send officers who could provide details of the investigation.

Inthi noted that the police were not sharing information with the public as they did during the investigation into the October 2012 murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali.

“So under the right to information we need to clarify this information,’’ he said, adding that the meeting with the police had been scheduled for 1:30pm on Sunday February 16.

Similarly, a source within Alhan’s family – speaking to Minivan News on condition of anonymity – said that police had not been cooperative thus far.

“Twelve days have passed now and we have tried many different ways to get information on the investigation,’’ he said, adding that he was sure the arrested persons were the assailants.

The Criminal Court yesterday extended the detention period to fifteen days for the two suspects arrested in the case. A third suspect was arrested, but was released soon after.

The family member said today that there was now a small movement in his leg, though doctors were unsure how long it will for him to fully recover.

During the attack, Alhan received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

“He still cannot sit, stand or walk and can’t talk a lot because he does not have energy,’’ said the family member. “We are still discussing sending him to Singapore and we also sent the surgery report to the doctors in Singapore where they have said it was done well and there were no issues.’’

The attack was politically motivated and well organised, stated the source, who noted that Alhan’s car had been followed three days prior to the incident.

MPs condemning the attack earlier this month suggested it may have been carried out by powerful local gangs working on the orders of political paymasters.

The source said that Alhan might not be able to be actively involved in his campaign for re-election in the Feydhoo constituency, where he intends to run as an independent after losing what he claims was an unfair party primary.

Though the MP’s family were critical of the MDP’s decision not to repeat the primary vote, local media were told this week that Alhan would continue to promote the MDP’s policy and ideology if re-elected.

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MPs warned of consequences of failure to pass anti-money laundering legislation

A high-level delegation from the Asia/Pacific Group on Money Laundering (APG) informed MPs on the National Security Committee yesterday of “negative consequences” for the Maldives if parliament fails to enact anti-money laundering legislation next month.

In an unofficial meeting with the committee’s chair, MP ‘Reeko’ Moosa Manik, and MPs Abdul Azeez Jamal Abubakur and Mohamed Thoriq, APG Co-chair Andrew Colvin warned that the organisation along with the Financial Action Task Force (FATF) “would be left with little option but to take certain measures that would be negative for the Maldives” should the legislation not be passed.

APG Executive Secretary Dr Gordon Hook noted that implementing laws on anti-money laundering and combating the financing of terrorism (AML/CFT) was “an obligation that the Maldives undertook voluntarily when you joined the APG in 2008” as a condition of membership.

“There are 41 countries in the APG. They include every country in the Asia/Pacific region with the exception of North Korea and three tiny Pacific states. Among those 41 countries of which Maldives is a member, you are the only country without a comprehensive AML/CFT framework,” he observed.

The anti-money laundering bill was submitted to parliament in late 2013 and sent to the National Security Committee for further review.

The absence of legislation “makes Maldives very vulnerable to money laundering and terrorist financing,” Dr Hook said.

He added that the vulnerabilities were identified by the International Monetary Fund (IMF) in a report prepared in 2011.

Maldives Monetary Authority (MMA) Assistant Governor Neeza Imad meanwhile told MPs that the Maldives received a very low rating in an assessment by the APG in 2011, after which the central bank began drafting legislation on AML/CFT.

Technical assistance was provided by the APG and the IMF, she noted.

Countries that are listed by the APG for non-compliance with its standards on AML/CFT face “hindrances” in securing foreign direct investment, opening accounts overseas, and conducting international financial transactions, Neeza said.

Consequences

Dr Hook explained that the APG in its annual meeting last year made a unanimous decision to send a high-level delegation to the Maldives “to express concern prior to the next annual meeting”.

Elaborating on the consequences, Dr Hook noted that 14 member states were subject to review last year by the FATF through the International Cooperation Review Group (ICRG).

“They have what’s called a blacklist and counter measures list. There’s a lot of countries on that list at the moment and there are varying categories on that list. And it doesn’t matter where you are on the list. There are negative consequences to it,” he said.

The consequences include having overseas credit card transactions blocked for citizens of listed countries and the blocking of incoming wire transfers from European banks, Dr Hook said.

“It would be our concern – and the co-chair has expressed that – that the Maldives should not be the subject of those negative consequences at the very time that the Maldives is working very hard to eliminate public debt and to attract foreign investment,” he continued.

The parliament upon returning from recess has “a small window of opportunity” to pass the bill in March, he suggested.

If the legislation is not enacted before the next meeting of the FATF in June, Dr Hook cautioned that the Maldives’ case would be taken under consideration.

“I can indicate that the Maldives is already on a list of jurisdictions that are under consideration by FATF,” he said.

He added that the Maldives “dodged a bullet” last year because the FATF “looked at PNG [Papa New Guinea] as an alternative.”

A review by the FATF “could take upwards to three years,” Dr Hook noted, “during which you in the Maldives would expend a huge amount of resources to try to deal with the issues.”

“You can dodge that bullet if you enact the legislation,” he advised.

Political will

Following statements by the delegation, MP Moosa Manik said that the committee could complete reviewing the legislation in “24 hours” and send it to the floor for a vote in the first week of March.

The opposition Maldivian Democratic Party MP urged the delegation to seek a commitment from the executive as the ruling coalition had “a clear majority” in the People’s Majlis.

In response, the delegation said it has met with Finance Minister Abdulla Jihad and was planning to meet Attorney General Mohamed Anil as well as officials from the Maldives Police Service and the Prosecutor General’s Office.

The MDP chairperson also alleged that some pro-government MPs could be involved in money laundering and might oppose enactment of AML/CFT laws.

MP Abdul Azeez – a member of the ruling Progressive Party of Maldives – however told the delegation that there was “no political will to delay this bill.”

“We are willing to do this and I think it is our obligation to pass this bill for the sake of the nation. There is no will to delay this purposely,” he said.

In his concluding remarks, Colvin said the delegation was encouraged by the assurances from committee members.

“We will make sure that in our report we reflect that. We will need to get back to the [APG] membership and advise them on the progress and we will look on with much interest in March and hope that the bill can make it through the parliament,” he said.

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Maldives slides on Press Freedom Index for third consecutive year

The Maldives has dropped to 108th place in the Reporters Without Borders (RSF) Press Freedom Index for 2014, marking a decline in press freedom for the third consecutive year.

The index reflects the degree of freedom that journalists, news organisations and netizens enjoy in each country and the efforts made by authorities to ensure respect for this freedom.

In February 2013, opposition aligned broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed was nearly beaten to death, whilst the station’s offices and equipment were destroyed in an arson attack in October.

Maldives is ranked between Fiji and the Central African Republic. Fiji, at 107, experienced a coup in 2006, and the Central African Republic, at 109, is in the midst of a civil war following a coup in 2013.

Speaking to Minivan News, the President of the Maldives Journalist Association Ahmed ‘Hiriga’ Zahir said he did not understand why the Maldives’ ranking should decline as compared to 2013, claiming there have been no “extra-ordinary” changes in media freedoms.

However, the ex Maldives Media Council (MMC) President Mohamed Husham said the Maldives has seen a sudden decline in press freedom following the ousting of the country’s first democratically elected government in 2012. Journalists have been experiencing physical and psychological intimidation, he said.

Husham accused the newly elected President Abdulla Yameen Abdul Gayoom and his administration of not being responsive to the press and said he had resigned from the MMC last week in protest.

Asward is the second journalist who survived a murder attempt in the country’s recent history. In June 2012, two men slashed freelance journalist and blogger Ismail ‘Hilath’ Rasheed’s throat with a box cutter. Hilath is currently seeking political asylum abroad.

Two men wielding steel bars on a motorcycle severely beat Asward and left him for the dead. He was airlifted to Sri Lanka to undergo major surgery, and returned to the Maldives after three months of medical treatment.

He has not yet regained full sight in his right eye. Two men have been charged with assaulting Asward in the ongoing case.

In October, six masked men set fire to Raajje TV’s headquarters and destroyed the station’s offices, control room, computer systems, broadcasting and transmission equipment. The attack came hours after the station sent a written request to the police seeking protection having received reports of an impending attack.

The RSF issued a statement condemning the Maldives Police Services failure to defend the station.

“This criminal act is a direct blow to freedom of information, and we deplore the attitude of the police, who failed to do what was necessary to prevent the attack although the head of the TV station requested protection a few hours before it took place,” the statement read.

The Police Integrity Commission has recommended charges be filed against two police officers for negligence in preventing the attack.

Further, the police and President Dr Mohamed Waheed’s administration continued a boycott of Raajje TV despite a Civil Court ruling stating media boycotts to be unconstitutional. Meanwhile, the Supreme Court has ordered the police to launch an investigation against the station for alleged contempt of court.

Prior to the country’s first multi-party democratic election in 2008, the Maldives was ranked 104th – an improvement on its 2007 ranking of 129th, and 2006 – 144th. The country’s ranking in 2009-2010 reflected dramatic improvements in press freedom, rising to 51st and 52nd respectively. The ranking slipped to 73rd in 2011 and 103rd in 2012.

Despite its plunge in 2013, the Maldives is still ranked higher than regional neighbours India (140th), Sri Lanka (165th), Pakistan (158th), Bangladesh (146th), and Nepal (120th).

According to the RSF, the Indian sub-continent is the Asian region with the biggest rise in violence for journalists for the second year running.

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EC contempt case postponed as election preparations continue

Today’s hearing in the Supreme Court’s contempt charges against the Elections Commission has been postponed, as the commission continues preparations for next month’s Majlis elections.

Elections Commissioner (EC) Director General Mohamed Shakeel told Minivan News today that today’s summons order had been cancelled, and that the commission’s schedule for the March 22 polls was continuing as planned.

Meanwhile, the Maldivian Democratic Party (MDP) has described the court’s latest actions as “highly alarming”.

Majlis candidates will be assigned numbers today and Saturday, and the deadline for accepting amendments to the current voter register lists is also today.

Yesterday’s surprise hearing was adjourned after the EC’s lawyer Hussein Siraj requested the four members be given time to respond to the charges.

The MDP has accused the court of attempting to “further subvert the authority of the independent Elections Commission in the run up the Parliamentary elections due next month.”

“Today’s [February 12] arbitrary summons of the Election Commission by the Supreme Court over an allegation of contempt of court effectively turned into a trial where the Supreme Court was both the plaintiff and the judge,” read an MDP press release.

Yesterday’s proceedings were both initiated and presided over by the Supreme Court, using new suo moto regulations introduced on February 6 which allow the court to initiate trials against any organisation or individual.

The penal code – currently under review by the People’s Majlis – prescribes a sentence of six months in prison, banishment, or house arrest for contempt of court – or a fine of MVR150 (US$10).

“With respect to this Supreme Court’s history of arbitrarily interfering in the country’s election process, the MDP find the Supreme Court’s latest actions highly alarming,” said the MDP.

The press release made reference to the 16 point guideline introduced during the court’s annulment of the September 7 presidential election first round, last year.

EC President Fuwad Thowfeek has previously criticised both the guidelines themselves, describing them as “impractical”, as well as the evidence used to annul the vote.

The presidential election first round had been deemed free and fair by a host of international observers, while  UN representatives have subsequently dismissed the court’s evidence and described the guidelines as “onerous”.

In October, the United Nations High Commissioner for Human Rights Navi Pillay accused the court of “interfering excessively” in the elections, and “subverting the democratic process”.

March’s vote will see 85 Majlis seats divided amongst 311 candidates. Shakeel explained that the EC had accepted 85 MDP candidates, 7 Dhivehi Rayyithunge Party candidates, and 122 independents.

The progressive coalition has submitted 50 Progressive Party of Maldives applications, 28 Jumhooree Party forms, and 7 from the Maldivian Development Alliance, he said. Meanwhile, estranged coalition member, the Adhaalath Party, has submitted applications for 13 constituencies.

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Criminal Court suspends staff refusing unpaid overtime

The Criminal Court has suspended a number of staff members after they allegedly refused to work overtime, reports local media.

According to local media reports, last Monday (10 February) staff at the Criminal Court refused to work overtime and left for home after the court informed them they would not be paid for overtime.

Local newspaper Haveeru quoted an employee, saying that they had been told of the suspension today. Media reports have quoted figures of around a dozen staff being involved.

According to the staff, they had previously petitioned the judges at the court over the issue prior to the strike.

The staff member who spoke to Haveeru has said that the decision to suspend the staff was made by the judges, suggesting that this was not an authority the judges had.

He also said that there were judges in the court that do not work overtime, but that no action had been taken against them thus making their own suspension unfair.

Furthermore, the employee revealed that before the allowances for judges working at night was introduced, there were four days on which all the judges of the court other that the chief judge had refused to work at night.

He also noted one instance when the chief judge had handed responsibility for extension of detention hearings to a junior colleague, before going fishing, with the result that there was no one at the court to proceed with these hearings.

Recently, the Criminal Court decided to close down after official work hours due to budget restrictions.

The court at the time told the press that it had no funds to pay overtime allowances for employees, and that the Ministry of Finance had not responded regarding the matter. The Civil Court has taken the same measures owing to lack of funds.

Spokesperson of Judicial Administrations Latheefa Gasim referred Minivan News to the Director of Department of Judicial Administration Ahmed Majidh, who in turn referred Minivan News to a Criminal Court media official.

Criminal Court media official Ahmed Mohamed Manik subsequently said he would not like to comment on the matter.

Producing an extensive report on the state of the Maldivian judiciary last year, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul raised serious concerns about an impending budget catastrophe facing the judicial system.

“The immediate implications of the budget cuts on the judiciary are appalling. For instance, the Department of Judicial Administration only has funds to pay staff salaries until November 2013 and it had to cancel training this year,” Knaul noted in May 2013.

“The Civil Court reported that it would not have sufficient funds to pay its staff salaries after October 2013; furthermore, existing budgetary resources would not be sufficient to pay for utilities and facilities after June 2013,” read Knaul’s report.

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Islamic Ministry reveals policies and programmes for the year

The Ministry of Islamic Affairs yesterday revealed the government’s Islamic policies and programmes for the year 2014.

Unveiling the policies, the Minister of Islamic Affairs Mohamed Shaheem Ali said Islam is a religion of moderation, and that the ministry’s main objective is to maintain the methodology of moderation.

He also said the ministry would strive to unite the Maldivian society and inculcate Islamic values.

Eleven targets were give as key objectives of the ministry:

  • Not allowing any religion except Islam in the Maldives
  • Strengthening and maintaining the Islamic creed and unity in the country
  • Establishing and strengthening Islamic Shi’ar (symbols of greatness and glory of Islam)
  • Establishing a strong Zakat (Islamic alms taxation) system in the Maldives.
  • Development of National Hajj Corporation to ease pilgrimage
  • Ensuring all laws and regulations fit Islamic principles
  • Advising state institutions on religious matters, and developing and strengthening the Isamic Fiqh Academy to issue Fatwas
  • Strengthening Islamic education
  • Widening the range of work to spread the Quranic knowledge
  • Building mosques and Islamic centers and broadening the role of mosques
  • Improving the internal administration of the ministry

The ministry has laid out a detailed programme to achieve these objectives, a large part of which comprise of Islamic awareness programs.

These include the publication of books, television, and radio programmes, Friday sermons, nation-wide preaching programs, weekly preaching at mosques, daily readings of ‘Riyadul Saliheen’ (written by 13th century Syrian Scholar Imam al-Nawawi) in all mosques in the country.

According to the ministry, publications and media content produced within the Maldives or brought in from abroad will be monitored to ensure it is not in conflict with the ‘the Islamic creed’.

Special focus on children and youth

The ministry’s programmes focus particularly on children and youth,with plans to pressure relevant authorities to broaden Islamic knowledge in the national curriculum. The ministry’s Fiqh Academy is mandated with advising on curriculum reform to enhance compatibility with Islamic principles.

Preaching at school assemblies, special workshops, and a monthly Islamic public forum targeting women and youth have also been planned.

In addition to this, the ministry also plans to publish Islamic books, CDs, and a monthly magazine which will be distributed to all school and public libraries. Newly introduced awareness methods include Islamic camps for children and a ‘Street Dawah’ program. Islamic higher education opportunities will also be provided for students.

Other awareness programs include Islamic marriage guidance, annual Islamic fairs, and regular sessions at prison and rehabilitation centers. The ministry will be collaborating with ‘Discover Islam’ – a Bahraini religious NGO – to organise several awareness programmes.

Quran and mosques

In terms of Quran recitation, the ministry aims to train 500 Hafiz (people who memorise the complete Arabic text of the Quran) within ten years and 90 Quran teachers within the year. Quran classes will be held for children and adults all around the country and private Quran teaching centers will receive the ministry’s assistance.

The ministry will coordinate the construction of forty mosques within the year. Fourteen of these mosques are already under construction with MVR72.6 million from national budget. MVR65.2 million has been allocated in this year’s budget for the construction of seventeen mosques.

From the Mosque ‘Waqf’ Fund established in 2013, MVR3 million has been allocated for the construction of two mosques. A ten-storey building named ‘Darul Iman’ will be constructed to sustain the fund.

Saudi Arabia has also agreed to donate seven mosques this year, MVR28.8 million has already been allocated for six of these mosques.

Moderation

The concept of moderation in Islam was stressed by minister Shaheem, though calls for ‘moderation’ have already been criticised by prominent members of the ruling coalition.

The Progressive Party of Maldives (PPM) and it’s coalition members campaigned for the presidential elections on a religious platform, vowing to ‘protect Islam’ from ‘irreligious’ former President Mohamed Nasheed.

The opposition Maldivian Democratic Party (MDP) – Nasheed in particular – accused the PPM and its coalition members of abusing Islam as a political weapon.

During the campaign minister Shaheem said that he prayed for “Allah to curse Nasheed by setting dogs on him”.

Last year Nasheed was criticised and labeled irreligious for supporting Islamic moderation and his criticism of Wahhabism, while the violent protests that lead to the Nasheed’s resignation – in what he describes as a coup d’etat – were also fueled by similar accusations.

Just two months prior to the transfer, a huge gathering calling to ‘defend Islam’ was held by the coalition aligned parties, while opposition MDP held a rally calling for ‘moderation’.

“We don’t know there is a moderate, higher or lower Islam. We only know Islam,” coalition member Jumhoree Party’s leader Gasim Ibrahim, while Nasheed asked his supporters,“should we ban music? Should we circumcise girls? Because we won’t allow these things, we are being accused of moving away from religion.”

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Supreme Court initiates contempt charges against EC, begins surprise trial

Read this article in Dhivehi

The Supreme Court has pressed contempt of court charges against the Elections Commission (EC) and held an unannounced hearing today under new regulations that allow the apex court to initiate charges and hold trial.

“The [Supreme Court] judges believe comments made by the Elections Commission in various forums on the court’s decisions and orders are contemptuous of the court. Today’s hearing is on our own initiative,” Chief Justice Ahmed Faiz said.

In addition to allegations of contempt of court, the EC is being charged with allegedly violating a Supreme Court order by dissolving eight minor political parties.

All four EC members were handed summons yesterday to attend the Supreme Court. However, Minivan News understands EC members and lawyers were not informed the Supreme Court would hold trial today. Case documents were only given to the commission a few minutes before trial began.

EC lawyer Hussein Siraj requested the Supreme Court to allow the commission an opportunity to research case documents and respond accordingly.

After a five-minute discussion break, Faiz agreed to the commission’s request and adjourned the hearing. He said a date for the next hearing would be announced later.

Five of the seven Supreme Court judges presided over today’s hearing, including Chief Justice Ahmed Faiz, Judge Ali Hameed, Judge Abdulla Saeed, Judge Ahmed Abdulla Didi, and Judge Adam Mohamed Abdulla.

Sumoto regulations

New regulations, titled ‘sumoto’ and publicised on February 6 allow the Supreme Court to initiate trials against any organisation or individual.

The defendants must be allowed the right to defend themselves, the regulations state.

The seven-member judge panel will preside over sumoto cases unless the Supreme Court decides otherwise.

“[The Supreme Court] must refer to how free and democratic countries act in such cases, in a manner that does not contradict the constitution of the Maldives,” the regulations state.

Contempt of court

Faiz said that the EC had made remarks in various press conferences that amounted to contempt of court, and which violated Article 145 of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution.

EC President Fuwad Thowfeek has previously criticised evidence used by the Supreme Court in annulling the first round of September’s presidential elections.

Four of the seven judges claimed that dead and underage voters had been allowed to vote, though it later emerged that several of those listed as deceased were in fact alive while several individuals listed as minors were in fact eligible to vote.

The EC has also said a 16-point electoral guideline imposed by the Supreme Court was “impractical”.

A leaked report by the Human Rights Commission of the Maldives has also questioned the evidence, noting that the Supreme Court does not have the authority to delineate guidelines.

Political Parties Act

The EC is also being charged with violating a January 9 Supreme Court order, which invalidated an EC order to smaller political parties requiring raising their membership to 10,000.

The EC had sent the letter as per Article 27 of the Political Party Act that states that it must give political parties a three-month deadline to increase party membership to 10,000.

The Supreme Court on January 9, however, ruled that the letter was invalid as the apex court had in September struck down Article 11 of the Political Party Act. Although the Supreme Court had not expressly struck down Article 27 in its initial verdict, the January 9 order said Article 27 was no longer functional.

Speaking to Minivan News before today’s trial, Fuwad said the EC had not disobeyed the Supreme Court’s order, saying that he believed the court may be referring to the EC’s decision to dissolve eight parties on February 6 for failing to reach the mandatory minimum of 3,000 members.

“While most of these parties are not active at all, the Elections Commission made a public announcement in 2013 to find out where their offices were located as letters and other documents sent to the parties were not being delivered,” the EC stated in a press release at the time.

“We also note that these parties to whom funds have to be released every year from the state budget have not been regularly submitting audit reports to the Elections Commission.”

As inactive parties were provided large amounts of state funding, the EC noted that dissolving the parties would alleviate the strain on the state budget.

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MDP should boycott polls unduly influenced by Supreme Court, says Nasheed

The opposition Maldivian Democratic Party (MDP) should not participate in the upcoming parliamentary elections if the Supreme Court exerts undue influence over the Elections Commission (EC), former President Mohamed Nasheed has said.

Speaking at a campaign event in Male’ last night, Nasheed contended that the Supreme Court’s summoning of EC members over alleged contempt of court was an attempt to “intimidate” the independent institution.

The apex court, in collusion with the ruling coalition, was planning to “play the same game they played in the presidential election,” the MDP’s former presidential candidate alleged, adding that the ‘Progressive Coalition’ was certain of facing defeat.

“In my view, an election conducted with the Supreme Court exerting influence over the Elections Commission to deliberately commit electoral fraud or rig the vote will not be a legitimate election – in my view, MDP should not participate in such an election,” Nasheed said.

Neither the international community nor the Maldivian public would accept general elections boycotted by the MDP, Nasheed said.

Nasheed referred to new regulations (Dhivehi) formulated by the Supreme Court last week to specify procedures for initiating cases on their own accord, correctly predicting that the court was planning to prosecute EC members.

“If the Supreme Court delays the election, meddles with the voters list and commits fraud after summoning the Elections Commissioner tomorrow [Wednesday] and intimidating Elections Commission members, I would say that the damage to our democracy and our country from participating in such a election would be greater [than not participating],” he said.

Nasheed claimed that the MDP lost last year’s presidential election because of “fraud and deception”.

“In my view, if we give up the Majlis election the same way, we are losing our future, the future of our children and children’s children,” he added.

A free and fair election in which the public has confidence is the foundation of democratic governance, Nasheed stressed.

“When there is no justice in voting, everything loses legitimacy,” he said.

Nasheed concluded his remarks by calling on the Supreme Court not to “muddle the entire future and hope of this nation.”

Meanwhile, appearing on MDP-aligned private broadcaster Raajje TV last night, MP Ali Waheed claimed that the government was conspiring to postpone the parliamentary elections scheduled for March 22.

The MDP parliamentary group’s deputy leader said he had learned of plans to delay the polls in certain constituencies in a bid to ensure that the ruling coalition secures a majority.

“If they carry out these efforts again this time, we will bring the whole country to a halt,” he warned.

Troubled polls

Last year’s presidential election was marred by repeated delays, cancellations and police obstruction.

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.

While the secret police report alleging irregularities – which was not shared with the EC’s defence lawyers – was dismissed by a UN expert review, the credibility of the evidence cited by the apex court was also questioned by the Human Rights Commission of Maldives.

Following the first round in which 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.

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.

The guidelines also compelled the EC to consider the Department of National Registry’s (DNR) database as the primary source for compiling the eligible voters registry.

While the revote was eventually held on November 9 and a second round was due to take place the next day, Yameen refused to sign the voter lists hours before polls were to open and the Supreme Court ordered the EC to conduct the run-off election on November 16.

In what was the EC’s sixth attempt in two months to conduct polls, Yameen narrowly defeated Nasheed with 51.39 percent of the vote (111,203) to the MDP candidate’s 48.61 percent (105,181).

Meanwhile, on January 18, Nasheed told reporters that the MDP suspected electoral fraud using fake national identity cards in November’s polls.

Nasheed contended that non-existent people were added to the database at the DNR as part of “efforts to rig the election through the Supreme Court.”

EC President Fuwad Thowfeek told the press last month that the commission was was forced to consider the DNR list as legitimate despite errors, such as citizens deemed deceased while alive.

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