Politics – Page 233 – Minivan News

Four additional cases sent to state prosecutors over Afrasheem murder

Police have forwarded cases of four additional individuals to the Prosecutor General’s Office (PGO) for their alleged involvement in the murder of MP Dr Afrasheem Ali last year – taking the total number of suspects facing charges over the attack to seven.

Police today confirmed that cases had been filed with the PGO on September 23 against Azleef Rauf, Shaahin Mohamed, Adam Salaah and Abdulla ‘Jaa’ Javid – son-in-law of opposition Maldivian Democratic Party (MDP) Chair ‘Reeko’ Moosa Manik.

Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali was stabbed to death on the night of October 1, 2012, on the staircase of his home.

State prosecutors have previously accused Hussain Humam of going to the residence of Dr Afrasheem and murdering him with a machete and a bayonet knife.

Along with Humam, Ali Shan faces the same charges. A minor identified as ‘Nangi’ meanwhile stands accused of aiding and abetting the murder, after police claimed he had accompanied Humam and Shan to the residence of Dr Afrasheem before the attack.

Previous hearings

In August this year, two police officers testified at the Criminal Court against key suspect Hussein Humam, claiming they had discovered incriminating text messages on his phone during a random search on the night of the murder. The message was said by the police witnesses to discuss a failure to receive a payment the suspect he had been promised.

The police officer did not identify the recipient of the text message during the hearing, alleging that Humam – who they had stopped many times previously – was under the influence of an illegal substance and acting out of character.

Humam had initially denied charges against him in court. He later confessed to the crime at a hearing held in May, according to a statement read out by prosecutors in the court/ State prosecutors read out the statement in court, which was said to have been given by Humam at one of the initial hearings.

The statement claimed that son-in-law of ‘Reeko’ Moosa Manik, Abdulla ‘Jaa’ Javid, had offered to pay him MVR 4 million for the murder of MP Afrasheem. However at a subsequent hearing in June, Humam retracted his confession claiming that he had been coerced by police.

Humam’s father has also written to the Criminal Court and the Human Rights Commission of the Maldives accusing police of conducting psychological abuse against the suspect, and exerting coercion to make him confess to a crime he did not commit.

Political calls

To mark one year since the attack that killed the MP yesterday (October 1), the PPM called on the country’s courts to expedite trials of all those involved in the case in order to “enforce due justice” on the attackers, according to local media.

The Maldivian Democratic Party (MDP) last month meanwhile condemned alleged insinuations by religious NGO Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim suggesting that the party was behind Dr Afrasheem’s murder.

Following the first round of voting in which the MDP took 45.45 percent of the popular vote and secured its place as front runner in a run-off vote that remains indefinitely suspended by the country’s Supreme Court, the party slammed what it alleged was an “incitement of hatred” by the NGO.

Police investigation

The Maldives Police Services (MPS) announced in October 2012 that the FBI were extending assistance in the investigation of the MPs murder.

Commissioner of Police Abdulla Riyaz later stated during a press conference held in December 2012 that the murder of Afrasheem had been carried out with a political motive, and that the culprits were to be paid MVR 4 million (US$ 260,000).

Riyaz had at the time dismissed claims that the murder was linked to religious fundamentalists, stating “no evidence has been gathered which suggests this murder had a religious motive.”

Soon after the murder police arrested two MDP activists – Mariyam Naifa and Ali Hashim ‘Smith’ – in connection with the attack. Both suspects were later released without charge.

The MDP later accused the government of attempting to frame the party with “politically-motivated arrests” of its members. In November 2012, former President Mohamed Nasheed accused the government of negligence in its efforts to bring the perpetrators to justice.

Last appearance

On the night of his murder, Dr Afrasheem had made his last public appearance on a live talk show on state broadcaster Television Maldives (TVM) titled “Islamee Dhiriulhun” (Islamic Living).

In the program, Dr Afrasheem said he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was meanwhile quoted in local media as saying that the Islamic Ministry had not forced Dr Afrasheem to offer a public apology for anything in his last television appearance.

Dr Afrasheem’s moderate positions on subjects such as listening to music had drawn stringent criticism from more conservative religious elements, who dubbed him “Dr Ibilees” (“Dr Satan”).

In 2008, the scholar was kicked and chased outside a mosque after Friday prayers, while more recently in May 2012, the religious Adhaalath Party released a statement condemning Afrasheem for allegedly “mocking the Sunnah”.

In a three-page press release (Dhivehi) released on July 10, 2008, NGO Salaf listed Dr Afrasheem’s alleged transgressions and advised the moderate religious scholar to “fear Allah, stop talking any way you please of things you do not know of in the name of religion and [stop] twisting [Islamic] judgements to suit your personal wishes”.

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Defense Ministry blasts media outlets for “sowing discord in the military”

The Ministry of Defense and National Security has blasted certain media outlets in a statement released Tuesday (October 1) for “sowing discord and disorder in the military.”

Several media outlets carried reports this week on a “letter of concern” sent to Chief of Defence Force Major-General Ahmed Shiyam, in which the top brass of the military expressed concern over political turmoil in the country following the failure of the country to hold scheduled elections on Saturday (September 28).

“Some TV channels and media outlets are repeatedly attempting to sow discord and disorder in the military, against the constitution and laws of the Maldives,” read the statement from the Defence Ministry.

The Defence Ministry called the media reports “irresponsible” and “politically motivated.” The Ministry furthermore said it will file complaints with relevant authorities to halt such reports and said it believed the Maldives Broadcasting Commission and Maldives Media Council must take action.

The MNDF’s letter to Major-General Shiyam was initially signed by four senior officers, but 16 officers across the top brass subsequently added their names to it. The letter came after police forcibly brought runoff preparations to a halt following a Supreme Court order.

The Supreme Court had opened at midnight on Friday to order security forces to physically obstruct the election in line with its earlier suspension, invoking article 237 of the Constitution, concerning the authority of the security services to “protect the nation’s sovereignty, maintain its territorial integrity, defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.”

One signing officer told Minivan News on condition of anonymity: “This is not a petition. It is a letter of concern over the Supreme Court’s order to delay elections, the failure of state institutions, and the possible politicisation of the military, and asking that unconstitutional orders not be issued.”

The officer said the letter had been signed by ranks including Generals, Colonels, Lieutenant Colonels, Captains, First Lieutenants, Sergeant Majors and Warrant Officers.

MNDF Spokesperson Colonel Abdul Raheem, himself a signatory, confirmed the letter’s existence to Minivan News.

“It was to inform the leadership of our concerns about political turbulence in the country right now and how the military should plan and prepare for it,” Colonel Raheem said, and implied that it was not unusual for senior officers to brief the Chief of Defence on such matters.

The 3000-strong MNDF is responsible not just for defence, but also the Coastguard and civil services such as firefighting and rescue operations.

The letter seems to have prompted an internal shuffle in the organisation, including a marine commander being switched to another unit. One resignation letter obtained by Minivan News, of First Lieutenant Mohamed Haleem, was addressed to Defence Minister Retired Colonel Mohamed Nazim.

“I do not believe the security services are currently adhering to the constitutional provisions stated in articles 237 and 238. Also, while the spirit of article 246 of the constitution is, to refrain from political affiliations and to treat equally among the people and different groups, respecting the principles of Islam and human dignity, I do not see this currently happening [within the security services],” First Lieutenant Haleem stated.

“For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties,” he concluded.

Former Brigadier General Ibrahim Mohamed Didi, who as a junior soldier was instrumental in defending the Maldives from the coup attempt of 1988 which saw 80 mercenaries from the Tamil militant group the People’s Liberation Organisation of Tamil Eelam (PLOTE) launch a frontal assault on the Maldives’ military headquarters, issued a letter today over social media.

“My advice to the military officers is: ‘Do not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country’,” wrote Didi, who was the Male’ Area Commander during the 7 February 2012 controversial power transfer before resigning “prematurely” from his 32 year career on July 16, 2012.

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Police and military officers reinstated based on precedents set in CSC Fahmy case

Civil Court Judge Maryam Nihayath yesterday (30 September) ordered the reinstatement of a police officer and a Maldives National Defence Force (MNDF) officer, previously dismissed on criminal charges.

The decision was based on the precedent set by the ruling on former Civil Service Commission (CSC) Chair Fahmy Hassan, whose dismissal by parliament was recently reversed by the Supreme Court.

Former Intelligence Chief Mohamed ‘MC’ Hameed has also been reinstated this week based on the Supreme Court ruling 2012/SC-C/35.

MC Hameed was dismissed from the police after the controversial transfer of power on allegations that he had abused his authority as the chief of police intelligence for the benefit of a certain political party and that he had leaked secret information obtained by the police.

The Supreme Court ruling stated that if Fahmy Hassan was dismissed from the position without being investigated and proven guilty, as per the criminal justice procedure, then his dismissal was to be considered as double jeopardy.

Regardless of the ruling, subsequent disagreements between the court and the Majlis resulted in Fahmy’s replacement.

Judge Maryam Nihayath’s ruling stated that the Supreme Court (ruling 2012/SC-C/35) had brought into existence important procedures to follow when dealing with such cases.

The judge also stated that MNDF officer Ahmed Althaf was dismissed from the force on allegations that he lost a compressor valve and asked a lower rank officer to replace it with an older one.

Nihayath’s ruling stated that the court had found he was dismissed without completing the criminal justice procedure, which the Supreme Court ruling had argued violated articles 42, 50 and 51 of the constitution.

Yesterday’s ruling stated that the legal precedent had determined that a person was dismissed from his job in a criminal offence without having completed the criminal justice procedure could not be charged with the same case offence in a court of law without constituting double jeopardy.

In a separate case yesterday, where a police officer was dismissed from his position on allegations that he stole MVR 241,215 (US$15,640) from a safe in the police tow yard, the same Supreme Court ruling was cited.

Judge Nihayath noted that the police officer was not dismissed after completing the criminal justice procedure, and that even if he were, the precedent set in the Fahmy case would still not allow him to be charged and sentenced by a court of law.

In November last year parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated the complaint of sexual harassment lodged by a female CSC employee.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

In spite of this, the parliament appointed a new member to the Civil Service Commission to replace Mohamed Fahmy Hassan – 51 out of 54 MPs present in the parliament voted in favor of appointing Fathimath Reenee Abdulsathar.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

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MDP MP Ilyas Labeeb appeals to police to refuse “unconstitutional” orders, as protests continue

MDP member of parliament and parliamentary whip Ilyas Labeeb appealed to police to protect the constitution, refuse to follow unconstitutional orders, and to learn from the action of the senior MNDF officers who recently sent a “letter of concern” to Chief of Defence Force about the matter.

Ilyas Labeeb delivered his speech from the campaign truck kept on Fareedhee Magu in the middle of the crowd, facing the police standing behind barricades.

Just as Labeeb began addressing the crowd, police lit up floodlights to spotlight the MP.

“Shining that light in our faces, or implying we are marked for arrest, does not intimidate me. Violently taking MP Ali Azim into your custody does not intimidate me. Even if you come and take me away now, that still won’t scare me. I will come back here and speak out as soon as I am freed again. We are asking for elections, for our constitutional right,” Labeeb said.

“Aren’t you ashamed to be bowing down to unconstitutional orders? Nineteen MNDF officers have sent a letter against the following of constitutional orders, against the politicisation of the security forces. The MNDF is more senior than the police force. Listen to them, learn from them. Give it up now. Your stand on February 7 was that you were demonstrating against unconstitutional orders. What are you doing today?”

“We are standing up for the constitutional rights we are entitled to, for our sake, for the sake of our families, yes, but equally for the future of you and your families. Start protecting the constitution, police, that is in the best interests of the nation.”

Ilyas Labeeb ended his speech by leading the crowd in chanting “Where’s my vote? You stole my vote”, “Election now” and “Forward, forward, swiftly forward”.

By this time, just over a dozen regular police officers formed a line of obstruction behind the barricades, facing the protesters.

Labeeb moved to the frontline of the protest and appealed to the police again, this time speaking directly to them without the aid of a microphone or making it a public speech.

“You boys must think deeply. Why are you following unconstitutional orders? Neither the Police Act nor the Constitution mandates you to do so, in fact it is clearly stated that you must not follow an unconstitutional order,” he said.

“Don’t you realise what they are doing? They send you out here against hundreds and thousands of citizens, you come with your name tags and in simple regular uniform, and you face scorn from the people. Yet it isn’t you, but the Special Operations who hide behind their masks and helmets who run into crowds and brutalise citizens. They are using you young boys as a shield to hide behind. You don’t have to be slaves to the SO officers or the Commissioner of Police,” Labeeb continued.

“Look at [Commissioner of Police] Abdulla Riyaz. He’s hiding in his rooms after sending you all here. He has secured an apartment abroad, planning to run away as soon as the government changes. All the leading people who were part of the coup have. They won’t think of you then. What will happen to you boys if you continue following unconstitutional orders?”

“Remember all that talk about housing flats for the police? Do you know who took the first flat? Abdulla Riyaz. It was meant for regular officers like you, but he took one for himself first. Is this how you want things to be? Are you still going to stay back quietly and let things proceed like this?”

“I know that as you are all listening to this speech of mine now, your seniors will take you in for a chat later tonight. But they are not the ones you should be believing, nor should you believe me. Instead, read for yourselves what is in the Police Act and the constitution. If you need assistance, we can arrange lawyers for you; not lawyers affiliated with MDP but other experienced lawyers.”

“Regardless of how long it takes to get back our right to vote, we will continue demanding it. And when the elections are on, we will beat them with votes. We will win the elections.”

MP went back into the crowds after concluding his monologue to the line of officers.

Monday – the fourth consecutive day of protests – saw protesters grow from a few hundred to just over a thousand by around 10:00pm.

Crowds later thinned out once the SO officers came to the area after protesters moved, and later hid the police barricades at the protest site.

Minivan News observed teams of SO officers run into the crowds twice and make two arrests – one of whom was a man who had previously crossed the police line set out by the regular police officers, referred to as ‘Blues’.

The SO later drove six times to and fro through the protest area in one of their trucks after crowds had thinned out, locating a barricade hidden in a construction site on Fareedhee Magu and sending regular officers to retrieve it.

“Targeting MDP MPs as an intimidation tactic”: MP Alhan Fahmy

Meanwhile, police have been arresting and summoning MDP parliamentary group members in relation to various cases in the past few days after the party started direct action asking for immediate elections.

MP Alhan Fahmy, who was summoned to police headquarters for questioning at 2:00pm on Tuesday described the events as “intimidation tactics being used by the police. They [the government] are using multiple state institutions in their actions of undermining the constitution and its powers”.

Fahmy said that the police had accused him of threatening Supreme Court judges and their families at a protest held on September 26.

“I told them I have done no such thing, that I never called for attacks or threatened any of these judges they speak of or their families. That all I said at the rally was my perspective on the current judges sitting on the SC bench. I told them that I had spoken of a video clip showing indecent behaviour that police has said Ali Hameed has been seen in, and that if so I believe Ali Hameed should no longer be sitting on the bench,” Fahmy told Minivan News today.

MDP International Spokesperson and MP Hamid Abdul Ghafoor was also taken into police custody on Monday afternoon, allegedly for not accepting court summons. He has been transferred to house arrest today after the first hearing of the case.

Ghafoor’s lawyer, Fareesha Abdulla O’Shea, however claims that due process was not followed when delivering the court summons.

She said that the case is being presided over by Criminal Court Chief Judge Abdulla Mohamed.

“The case is about Hamid’s refusal to give a urine sample and he is being charged under section 123 of the Drug Act. I advised not to enter a plea as we haven’t received any of the related documents or information from the court yet,” O’Shea said.

“Today, after the hearing, Hamid was issued another summons relating to charges levied for possession of alcohol,” she stated.

MP Ali Azim was arrested from the protests on Sunday night, with SO officers pulling him off the campaign truck, throwing him onto the ground and dragging him away into custody. He was brought to a court hearing on Monday, where the courts added a seven day extension to his detention on account of him being “a threat to national security”.

Azim attended a meeting of the Parliament’s Privileges Committee after his hearing yesterday, where he alleged that he had been ill-treated even after arrest.

“The SO officer on my right side tried very hard to break my finger, I have photos to prove this. Upon being pushed into the van, one of the officers grabbed hold of my groin area very hard,” Azim told the committee.

“They also asked me to provide a urine sample, but I didn’t because my lawyer advised me against it as the charges levied against me did not allow police to make such a request. I was also handcuffed on the trip from Dhoonidhoo to the court in Male’, and on the way to this parliamentary meeting,” he added.

DRP MP ‘Colonel’ Mohamed Nasheed was also arrested at protests and later released, while MP Ibrahim Rasheed is being investigated for allegedly assaulting police.

MP Eva Abdulla has also been arrested at protests on Tuesday.

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MDP Spokesperson charged for refusing to give urine sample to police

The Prosecutor General’s Office (PGO) has charged Maldivian Democratic Party (MDP) Spokesperson MP Hamid Abdul Ghafoor for refusing to give a urine sample to police in a case last year in which a group of MDP politicians were arrested on an uninhabited island and charged with alcohol and drug possession.

The PGO’s lawyers told the Criminal Court that Ghafoor was arrested on November 16 last year in connection with a drugs case, and said he had refused to give a urine sample and had therefore violated the Drug Act.

Ghafoor’s lawyer told the court that she could only respond to the charges on behalf of her client after receiving the relevant documents. The presiding judge, Chief Judge of the Criminal Court Abdulla Mohamed, told her these would be provided and scheduled the next hearing for October 9.

Ghafoor was arrested yesterday (September 30) in the afternoon ahead of his court hearing. He was released following the hearing.

Ghafoor is also accused in another case before the court concerning possession and consumption of alcohol and cannabis.

A total of 10 people were taken into police custody on 16 November 2012 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

On 22 August 2013, criminal court media official Ahmed Mohamed Manik confirmed the PG had charged MDP MP Abdulla Jabir, Ghafoor, and Jadhulla Jameel with smuggling alcohol into the country and consuming it, as well as possession of cannabis and objecting to urine testing.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take urine tests, said Manik.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana, were also taken into custody following the island raid. Their cases have not been filed at the Prosecutor General’s (PG) Office.

According to the Drug Act, Sections 123(a), 161(a), and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable by a one year jail sentence.

Additionally, the son of Nasheed’s former special envoy, Mohamed Hamdhoon Zaki, has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and a fine of up to MVR 10 million (US$650,000).

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Home Ministry launches investigation of Transparency, TEAM

State Minister for Home Affairs and the Registrar of NGOs Abdulla Mohamed has declared that the Tourism Employees Association of the Maldives (TEAM) and Transparency Maldives (TM) are under investigation for “unlawful acts” and warned NGOs that organisations acting outside of law would be dissolved.

Speaking to local TV station Villa TV (VTV), Abdulla said the Home Ministry is looking into complaints that TEAM had committed “irresponsible and unlawful acts.”

Transparency Maldives is also under investigation for challenging the Supreme Court, he said.

“We will not allow any organisation to challenge the law. NGOs acting outside the law will be dissolved,” Abdulla said.

Abdulla’s warning comes after both TEAM and TM spoke out against a Supreme Court injunction on September 23 ordering the Elections Commission (EC) to delay the second round of presidential elections.

The order came during an ongoing case filed by Jumhooree Party (JP) to annul the vote.

The apex court issued a second injunction on September 26 ordering security forces to ensure compliance with its first injunction. The police then surrounded the EC, shortly before the commission declared conditions unsuitable for the second round to proceed.

TEAM – an industry body representing some 5000 workers across the country’s luxury resorts – criticised the first order, saying it “destroys the principles of democracy we have embraced and voids articles of the constitution.” The union threatened prolonged strikes should polls be delayed.

TM issued a statement on September 26 expressing concern over the Supreme Court’s integrity due to the state’s inaction over Justice Ali Hameed’s leaked sex tapes in which he appears to be fornicating with three foreign women in a Colombo hotel room.

In a second statement on September 28, the NGO called on the Supreme Court to “uphold the spirit of the Constitution and respect people’s electoral choice.”

Transparency Maldives had conducted the most extensive elections observation with 400 observers across 20 atolls. It subsequently questioned the delay of polls after not having received “any reports that suggest systematic fraud in its nationwide observation and no credible evidence that supports such allegations has been made public.”

Secretary General of TEAM, Mauroof Zaki said the Home Ministry had called the organisation’s President Ahmed Shiham inquiring about TEAM issuing a “political” statement.

“Even if the Home Ministry takes us off the register, we will not cease to exist. The Constitution allows freedom of association. The international community and our members accept us. Even if we are dissolved, we will continue our activities with more strength,” Zaki said.

Transparency Maldives’ Advocacy and Communications Manager Aiman Rasheed said the organisation is trying to verify the registrar’s comments.

“Transparency Maldives represents Transparency International in the Maldives and operates within the ambit of the law,” he said.

The Maldives Democracy Network and the NGO Federation have also expressed concern over the election delay. They have urged the Supreme Court to deliver a speedy verdict and to allow elections to proceed as per the constitution.

Maldives Port Workers also stopped work for an hour on Sunday in protest against the election delay.

Abdulla Mohamed was the Vice President of the Civil Alliance Coalition of NGOs (Madhanee Iththihad) which was at the forefront of protests in the lead up to the ousting of former President Mohamed Nasheed.

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PPM lobbying to re-start Nasheed’s criminal trial

The Progressive Party of Maldives (PPM) has said it is lobbying the courts to resume proceedings in the criminal case against opposition Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed.

PPM candidate Abdulla Yameen’s election agent, Abdulla Ameen yesterday (September 30) told local media that it was imperative the judiciary speed up the court cases concerning Nasheed’s criminal prosecution.

Ameen called on the EC to delay the second round of elections until the courts concluded the trial of Nasheed, expressing fears that the public may otherwise begin to question the credibility of the elections.

Nasheed was charged by the prosecutor general for his involvement in the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed, during the final days of his presidency.

The case is currently suspended after Nasheed’s legal counsel challenged the legitimacy of the appointment of the judges-panel to Hulhumale Magistrates Court, where the trial is being heard.

During a PPM rally held on Monday evening PPM MP Ahmed Shareef claimed that, once the party finished its work, the MDP would be dissolved, would cease to exist as a political party, and that Nasheed’s name would not be in the ballot paper.

The PPM MP also claimed that the 95,224 votes which Nasheed had obtained in the first round were achieved “through fraud and deception”.

“The maximum vote that man will ever get is 50,000 -60,000. That is even if they work extremely hard. [Extremely hard work such as] deceiving the people, brain washing them and misleading the youth,” Shareef told the rally.

Meanwhile, PPM running mate Dr Mohamed Jameel Ahmed told the rally that the Maldives would not have any stability if there is a presidential election with Nasheed competing as a candidate.

Jameel claimed that Nasheed had treated the Chief Judge of Criminal Court Abdulla Mohamed in “such an inhumane and derogatory manner” when the only wrong he had committed was to “faithfully execute his responsibilities as a judge”.

The former home minister also said that the judges who had purposefully been delaying the former president’s trial should take responsibility for the current state of the country.

Jameel previously said that the MDP leader “will not be allowed to assume power”, even if he should emerge as the clear winner in the run-off election.

Election drama

The official results of the first round of Presidential Elections – held on September 7 – showed the MDP finishing the race in front with 45.45 percent of the popular vote, while former 30 year autocrat Maumoon Abdul Gayoom’s PPM trailed behind with 25.35 percent of the popular vote.

The constitution dictates that if no candidate attains the required ’50 percent plus one vote’ for a first round election victory, the winner is decided by a run-off election held 21 days after the first poll.

However, resort tycoon Gasim Ibrahim’s Jumhoree Party (JP) – who narrowly missed a place in the run-off elections after finishing the poll in the third position with 24.07 percent – filed a Supreme Court case requesting the court annul the poll, alleging voting discrepancies and irregularities.

On September 23, the Supreme Court issued an injunction indefinitely delaying the second round of the presidential election until it had finished looking into alleged discrepancies from the first round.

In addition to challenging the validity of the presidential elections, the PPM last Sunday announced its intention to file Supreme Court cases against individual opposition MPs, including Speaker of Parliament Abdulla Shahid, in a bid to challenge their legitimacy as members of parliament.

The announcement comes at a time when the PPM and its allies have lost the parliamentary majority to the opposition MDP after the Dhivehi Rayyithunge Party (DRP) – with eight MPs in parliament – decided to back the MDP in the presidential polls.

Speaking to the press, PPM’s legal advisor Mohamed Waheed Ibrahim said, “There is a dispute on whether [MPs] have lost their seats in parliament due to speaking out against Maldives’ Supreme Court’s order and defaming the Supreme Court, and other court’s judges. I would like to inform you we will file this case at the Supreme Court.”

The MDP and its new ally the DRP now control 39 out of 77 seats in the parliament – a simple majority. The two parties last week passed a resolution ordering the EC to proceed with polls as planned, and called for the security forces to support the EC.

The resolution, however, was ignored in favour of the Supreme Court order.

However, following a second Supreme Court order – calling upon the security services up uphold the injunction – police surrounded the EC secretariat. The EC soon announced prompting the EC to announce that current conditions were not conducive to a free and fair election.

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Maldives’ media in spotlight as election fallout continues

The rising trend of death threats being sent via telecommunications devices has prompted the Communication Authority of the Maldives (CAM) to request police investigate and take action against offenders.

CAM’s statement comes a day after ongoing death threats received by the Elections Commission (EC)’s permanent staff and polling station officials prompted the commission to file a report with the Maldives Police Service (MPS).

CAM highlighted that intimidating threats and death threats are criminal offences and the institution called on all Maldivians to refrain from using telecommunications devices to commit such criminal acts.

The government agency called on everyone receiving threats to report the incident(s) to police.

CAM also emphasized that offenders would have their telecommunications services terminated without further notice.

Media council “lost faith” in broadcasting commission

Meanwhile, the Maldives Media Council (MMC) will file a no-confidence motion against Maldives Broadcasting Commission (MBC) members via Parliament’s Independent Institutions Committee, reported local media.

MMC believes the broadcasting commission has failed to fulfill its mandate to create a healthy broadcast media environment, instead creating fear and discomfort, is unable to uniformly treat media agencies equitably, and is unable to fulfil the Broadcasting Act’s mandates.

The media council has also called on MBC to “stop any action that might affect freedom of media” including creating fear and threatening media agencies.

“MBC was threatening media organizations [and] was failing to establish equality in implementing regulations…and therefore MMC has lost faith in the current members of MBC,” MMC President Husham Mohamed told local media.

MMC decided to file the case in Parliament after MBC issued a “warning” on Friday night (September 27), saying that broadcasting licenses would be revoked from any outlet transmitting content which “threatens national security”, Husham explained.

MBC said it would file legal proceedings against any media organisation it believed had broadcast such materials in violation of the Broadcasting Act.

Another factor prompting the MMC to take action against the broadcasting commission was MBC’s call on Thursday (September 26) that broadcasters to “refrain from airing photos of members of independent institutions – Supreme Court judges and Elections Commission members – in a derogatory manner which could jeopardize national harmony, until the Commission concludes adjudication of the related complaints”.

Seven of 11 MMC members voted in favor of the action against MBC members during the extra-ordinary meeting held on Saturday (September 28).

Last week the Broadcasting Commission ruled that the Maldives Broadcasting Corporation’s televising of the Jamiyyathul Salaf’ ‘Al Andhalus’ preacher Sheikh Adam Shameem Ibrahim did not violate any regulations.

The decision came after the Broadcasting Corporation’s chairman Ibrahim Umar Manik along with MBC members were summoned before Parliament’s Independent Institutions Committee, following complaints by Maldivian Democratic Party (MDP) MPs that the sermon infringed the rights of the party’s presidential candidate.

MMC Elections Commission complaint

The MMC has also called on the Elections Commission to “refrain from discriminating between media organizations when sharing information regarding the presidential elections”.

“I haven’t heard that complaint [officially from the Maldives Media Council],” EC Chair Fuwad Thowfeek told Minivan News yesterday (September 29).

“I have respected calls from various media [outlets, however] what I say is not properly addressed in reports, so I’m private as possible,” Thowfeek explained. “I give interviews to people I can trust to write what I say [accurately].”

“Also it depends on the time I have, [for example] if I’m in a meeting I can’t speak to anyone, but once I have free time I do,” he continued.

“If I believe the journalist will give [my] message accurately then I will give [that person] reports,” he emphasised.

MBC recently launched an investigation into Villa TV (VTV) – owned by resort tycoon, former Judicial Services Commission member, and Jumhooree Party Presidential Candidate Gasim Ibrahim – broadcasting unsubstantiated content to incite hatred against the Elections Commission in violation of the broadcasting code of practice.

Local media broadcasting unsubstantiated information about the Elections Commission and electoral process catalyzed unrest throughout the Maldives.

Confusion over the presidential election’s first round voting figures was created by local media reports not matching those of the EC during counting, with sluggish EC figures supplemented by differing poll results, depending on the outlet chosen.

Media misrepresentation

Inaccurate local media reporting was also highlighted as a problem by Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik during an press conference held today (September 30).

“My comments made in public on Friday have been changed a lot [in local media reports],” said Manik.

“I want all Maldivians to know this. I work against brutality. I specifically said if any of the police officers here hit me, I will tell my wife to go and tell his wife not to brutalize us,” he emphasised.

Police are currently investigating Manik for threatening police and their families.

Meanwhile, the Police Integrity Commission (PIC) has ruled that it had not come across any substantial evidence supporting the claims of Manik being attacked by Corporal Mohamed Atheef during the brutal police crackdown on February 8, 2012.

UN human rights encouragement

In light of these local media issues, the Maldives’ United Nations Resident Coordinator’s Office has encouraged journalists to leverage the UN human rights system to collectively advocate for freedom of opinion and expression to be upheld.

“As media professionals, I would encourage you to build your awareness and knowledge of international human rights standards, and reflect on how you could use the UN human rights system to, especially collectively, advocate for the respect and protection of freedom of opinion and expression in the Maldives, including the protection of journalists,” said UN Human Rights Adviser Safir Syed.

“I cannot emphasise enough that it really is in your interests,” he added.

The UN Human Rights Committee’s General Comment on freedom of opinion and expression was attached to an email sent to various local media outlets yesterday (September 29).

“A free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights. It constitutes one of the cornerstones of a democratic society,” Syed quoted from the General Comment document.

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Senior military officers send “letter of concern” to Chief of Defence Force

Additional reporting by Zaheena Rasheed and Mohamed Naahii

Senior officers in the Maldives National Defence Force (MNDF) have sent a “letter of concern” to Chief of Defence Force Major-General Ahmed Shiyam, following the failure of the country to hold scheduled elections on Saturday (September 28).

Police surrounded the Elections Commission (EC) on Friday with orders from Commissioner Abdulla Riyaz to storm the building and confiscate ballot papers should the EC continue to attempt to hold the election.

The Supreme Court had the previous evening opened at midnight to order security forces to physically obstruct the election in line with its earlier suspension, invoking article 237 of the Constitution, concerning the authority of the security services to “protect the nation’s sovereignty, maintain its territorial integrity, defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.”

The MNDF’s letter to Major-General Shiyam was initially signed by four senior officers, but 16 officers across the top brass subsequently added their names to it.

MNDF Spokesperson Colonel Abdul Raheem, himself a signatory, confirmed the letter’s existence to Minivan News.

The officer said the letter had been signed by ranks including Generals, Colonels, Lieutenant Colonels, Captains, First Lieutenants, Sergeant Majors and Warrant Officers.

The 3000-strong MNDF is responsible not just for defence, but also the Coastguard and civil services such as firefighting and rescue operations.

The letter seems to have prompted an internal shuffle in the organisation, including a marine commander switched to another unit. One resignation letter obtained by Minivan News, of First Lieutenant Mohamed Haleem, was addressed to Defence Minister Retired Colonel Mohamed Nazim.

“Given the sad state of affairs this country has fallen to, as a person who came out to sacrifice my life to protect holy Islam and this nation when required, as a person who would still take any action required in the best interest of this country, people and religion and as a person who has been trained and acquired military expertise at the expense of the public funds, I could not remain silent today. I believe it is a national and a religious duty to say something on the issue,” he wrote.
This country is in a state of chaos since February 7, 2012. The government elected by people of this country were not given the opportunity to breathe. Opposition politicians, businessmen and religious clerics who supported them were continuously seen calling for the ousting of the government.
The people within the government were claiming that the opposition was insincere and irresponsible. The opposition claimed that the government officials were insincere and irresponsible. In this situation, conflicts between three powers of the state led to the military being unduly influenced.
Also, it is shameful and unacceptable in such a highly polarised society to see the government which the military ought to legally defend, regardless for whatever reason, be thrown out to the street.
In that circumstance, the international community saw the best solution for the country was to find a peaceful solution. And in that discourse, they saw the need to facilitate a presidential election, in which the people would make the ultimate decision. [It had to be this way] because of the conflicts within the three powers of the state and between these powers.
With that, I must disappointingly highlight that I am seeing the country falling into a state of chaos. I have heard some businessmen claiming that the only solution left for the country is a military solution. I am ready to challenge those who say this. That is a theory based on lies, deception and greed which only serves them a temporary benefit. We have seen what happened to countries that followed this theory.
In this situation, my advice to the military officers is, do not give the opportunity to anyone who plan to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country.
The reason is, if such a thing happens, it would be all of us, our children and our children’s children who would suffer the consequences.
What does the constitution say about this? Article 268 says that any act committed in contrast with the constitution is void and invalid.
Article 124 states that in case of incapacity of the President and Vice President, it must be the Speaker of Parliament who takes up the duties and responsibilities in running the state.
Article 107 states that the duration of a presidential term is five years.
Therefore after November 11, 2013, regardless of who gives the orders and regardless of the situation, I sincerely urge the military to not let anyone take over the country in contrast with the provisions in the constitution, as this would have dire consequences. I request all military officers to sincerely and peacefully protect the interests of this country in such a situation.
By any means, the head of state should not be someone who assumed powers in contrast to the constitution of this country.
Translated from Dhivehi – read original

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