A group of people led by ‘National Movement’ – comprising of several NGOs and the Adhalaath Party – protested on the streets of Male’ yesterday against remarks made by former President Mohamed Nasheed to a university in Denmark.
Several hundred protesters marched around Male’ last night, starting and finishing at the Artificial Beach, calling for the authorities to penalise Nasheed.
Speaking at Copenhagen University about Islamic radicalism in the Maldives, Nasheed stated the Maldivian population had largely rejected Islamic extremism, and, in a veiled reference to the Adhaalath Party, noted that “the Islamists were never a credible electoral threat.”
“ The Islamic extremists also didn’t like the Maldives’ new democracy because they were unpopular. They failed to win the Presidential elections in 2008, they failed to win local government elections – in 2011 they won less that four percent of the vote. But now, after the coup, extremists have been rewarded with three cabinet positions in government, and in many ways set the tone of government communications. They are busy trying to indoctrinate people with a misguided version of Islam,” Nasheed said.
Nasheed acknowledged that there was “a lot of xenophobia, Islamic rhetoric and intolerance going on in the Maldives”, and noted the destruction of 12-century Buddhist statues, manuscripts, and other evidence of the Maldives’ pre-Islamic history.
“There is idea of wanting to return to Hejaz at it was in the 7th century. This is Wahabism in principle. And it is difficult and worrying,” Nasheed said.
“The vast majority of our society are very tolerant people. If all this Islamist rhetoric is removed from official discourse, there will be a much more liberal society. I assure you the rhetoric will be removed from official discourse,” he said.
President of the Adhaalath Party Sheikh Imran Abdulla, who was abroad, addressed the protesters via mobile phone, accusing Nasheed of destroying the reputation of the Maldives.
Imran claimed Nasheed had “now confessed” to what the Adhaalath Party had previously accused him.
He also said that the national movement should include this issue in its protest planned for next month, for the rights of murder victims.
Spokesperson of theNational Movement Sobah Rasheed told newspaper Haveeru that the group would protest against Nasheed “every night”.
He alleged Nasheed had mocked the religion of Islam, the Sunnah of Prophet Mohamed (PBUH) and verses of the Holy Quran.
Meanwhile, speaking to a rally on Bilehdhoo in Faafu Atoll on Sunday night, Nasheed accused “politicians posing as religious scholars” on bringing about February 7 2013’s controversial transfer of power, “selling out the religion of Islam.”
“By donning the caps of religious scholars and deceiving citizens in the name of religion, they gained power in a government and are now in the midst of the biggest worldly sin,” Nasheed alleged.
“The religion of Islam is a religion which has been given respect and honour in our hearts. They can always play with our hearts when they speak in the name of religion, especially when they do so in the guise of being Islamic scholars,” he said.
“We Maldivians are waking up to this now. We can no longer believe the things they say in the name of being religious scholars.”
In January 2013, parliament’s Government Oversight Committee heard testimony from six of the highest-ranking officers of the police and military for its review of the Commission of National Inquiry’s (CoNI’s) report into the transfer of presidential power on February 7, 2012. Minutes of the closed-door sessions (Dhivehi) along with audio recordings were made public on January 16, 2013.
Following is a translated summary of the testimony from former Chief Superintendent of Police Mohamed Jinah to the oversight committee on January 11, 2013. Jinah, then head of the Drug Enforcement Department (DED), was sacked from the police service two days later.
On the night of February 6, 2012, Jinah arrived at the police headquarters around 10:30pm. As he was due to leave the country for medical purposes the following night, Jinah went to finalise administrative matters concerning his leave of absence.
Jinah went up to the executive room on the fifth floor to find Chief Superintendent Mohamed ‘MC’ Hameed, who was then head of police intelligence. Hameed was there with other intelligence officers monitoring live CCTV footage from the artificial beach.
Jinah saw opposition protesters and ruling party supporters facing off and throwing rocks at each other. Hameed was upset with the withdrawal of riot police.
Jinah stepped out to the foyer and met Commissioner of Police Ahmed Faseeh. The commissioner informed him that President Mohamed Nasheed had ordered the Specialist Operations (SO) officers to be withdrawn. Jinah told the commissioner that “something big” must have happened for the president to issue such a command.
Hearing a loud commotion, Jinah went downstairs and saw SO officers filing into Republic Square. They were shouting and gathering at the helipad area.
Jinah began working with intelligence chief Hameed to find out what was happening. They soon learned that rogue SO officers had assaulted government supporters at the artificial beach and ransacked the ruling Maldivian Democratic Party’s (MDP’s) Haruge (meeting hall).
Upon learning that the military was preparing to arrest the rogue police officers, Jinah warned the police deputy commissioners of dire consequences should a violent confrontation occur between the security services. Jinah advised approaching the protesting police “professionally and wisely” to negotiate. However, none of the senior officers had command and control at the time and Commissioner Faseeh was inside military headquarters.
Jinah saw soldiers form ranks and prepare to charge only to withdraw every time, appearing reluctant to confront the mutinying police. “I did not fully believe even then that the soldiers didn’t know how or were unable to do it.”
At 7:30am, Jinah and Hameed called Faseeh and attempted to arrange a meeting with the SO commanders at the commissioner’s office. A senior SO officer named Ahmed Abdul Rahman was to be present as a witness.
While the communications were ongoing, Jinah heard clashes erupt at the Republic Square and saw from the foyer window tear gas canisters being thrown. The mutinying police clashed with soldiers. During the confrontation, some soldiers joined the mutiny.
Jinah and Hameed were at the conference room when they heard loud clamouring from inside the headquarters. When they stepped outside, Jinah saw a group of officers holding back the door to the (executive) officer’s block.
“They were blocking the door and said [the mutinying officers] were coming threatening to kill.” The junior officers vowed that the mutinying police would have to kill them to enter the conference room.
“I said, ‘you don’t have to die. They don’t have to die either. What is this talk of dying? Open the door.’ Then when I asked a bit angrily they opened the door.”
Mutinying officers outside were claiming that MDP activists had killed a police officer and set fire to several buildings. Jinah learned later that none of the claims were true. But at the time an officer was crying and claiming that an iron rod was shoved into the victim’s neck.
“The way he said it a police officer was speared like a fish. So the boys gathered there were enraged.”
A group of SO officers then forcibly dragged Jinah and Hameed away, shoving and beating the senior officers. Jinah noticed that a junior officer named Shifau appeared to be in charge. Shifau had “a closet full of disciplinary records.”
Shifau grabbed him by the cuff and complained about a disciplinary committee hearing where he was questioned by Jinah. Another group of police arrived and drew the pair apart. Jinah and Hameed were kept aside for about 45 minutes.
They heard groups of mutinying officers armed with iron rods calling for Faseeh and other senior officers, threatening to kill. One group found Jinah and Hameed and dragged them away, pushing and shoving. Hameed however managed to escape and ran to the fourth floor.
Jinah also wriggled free and hurried to his office on the third floor. Jinah saw that the drug storage “strong room” next to his office was open and its lock destroyed. All the illegal narcotics seized by police were stored there.
“The door was smashed. So in truth the place where the drugs were stored was on sale that day. The place was open for anyone to enter and take anything they want.”
“Then I ran inside my office and was locking some documents and personal belongings inside a drawer when they came and broke down the door.”
The harddisk on Jinah’s computer along with some confidential case files have since not been recovered.
The mutinying officers shoved and pushed Jinah down the stairs. He was taken inside the Gaazee building and kept there for about an hour, after which Shifau and two other officers came with handcuffs.
“They said my hands will be cuffed behind the back. I said you can’t do it behind. You should kill me if you want cuff my hands behind my back.”
The mutinying officers discussed amongst themselves and said OK. They cuffed Jinah’s hands in front and led him outside, all the while shoving and beating him with their boots.
A group of Progressive Party of Maldives (PPM) activists joined the mutinying officers escorting Jinah. Both the civilian group and mutinying officers called for Jinah to be mobbed and lynched.
However, another group of civilians and police officers, which included Jinah’s friends and relatives, ran over and surrounded him. They protected Jinah and put him on a speedboat to the police detention island of Dhoonidhoo.
At Dhoonidhoo, Jinah noted that the officers on duty there were not involved in the mutiny. They took off his handcuffs. The officer-in-charge, Staff Sergeant Mujthaba Zahir, informed Jinah that a junior officer named Azeem Waheed called and said Jinah was on the way.
Shortly thereafter, inmates at the detention center broke out of their cells. They included dangerous criminals arrested by Jinah.
Jinah was protected by officers on duty. A group of SO officers soon arrived to quell the inmate uprising. Jinah found out that SO officers had come to Dhoonidhoo after midnight, broken into the armoury and taken away all the weapons.
Jinah called then-Vice President Dr Mohamed Waheed. Jinah had worked closely with Waheed as the vice-president was in charge of the previous administration’s pledge to combat drug trafficking and abuse. But Waheed did not answer. He sent a text message to Waheed’s secretary and was told that the president-in-waiting would attend to Jinah’s predicament.
“He hasn’t attended to it yet. Next February it will be one year to February 7.”
Jinah learned from the Dhoonidhoo staff that current Commissioner Abdulla Riyaz and State Minister for Home Affairs Mohamed Fayaz ‘FA’ were in charge of police. He called the pair. Riyaz claimed he did not know anything about Jinah’s arrest and hung up the phone. Fayaz said the same and asked Jinah what he was doing in Dhoonidhoo.
Jinah then called Faseeh and asked him to get Superintendent Abdulla Fairoosh, who had taken over as acting commissioner, to send a speedboat to Dhoonidhoo. But Faseeh said he was in the process of resigning.
“In any case, I managed to get a launch after a lot of work. I got the launch and left on it. I went and stayed at HIH [Hulhule’ Island Hotel]. From there I flew overseas that night.”
Jinah learned later that President Nasheed knew of his arrest before his resignation.
“Arresting officers of the security forces is one element of a coup d’etat. We were the responsible officers of the [security] service at the time. I believe taking away our powers and arresting us was one of the first acts of the mutiny. So they did that.
“I believe that I definitely would not have been able to return alive and safely to my family if President Nasheed did not resign. I was under arrest and in their custody at the time. Therefore, I believe that President Nasheed resigned under duress to save me and others in my situation as well as to save the lives of everyone else who could have been harmed.”
Jinah observed that mutiny or rebellion against the government by the security forces was “an element of Third World countries.”
The mutinying police and army officers on February 7 “took upon themselves the label of a Third World country on their own.”
At CoNI, Jinah was asked mostly about the arrest of Dr Mohamed Jameel Ahmed in January 2012. Apart from asking Jinah to recount his experience of February 7, the commission members did not ask questions regarding the events that immediately preceded the transfer of power.
“I basically do not accept the [CoNI] report at all. The reason is because I recounted what happened to me. There are photos and videos of me in handcuffs being beaten and dragged. However, the [CoNI] timeline stated that I was arrested for my own security and protection. So how can I accept the CoNI report? I can never accept that report.”
Parliament’s General Purpose Committee has rejected procedural amendments to allow secret voting for no confidence motions, such as one presently scheduled against President Dr Mohamed Waheed.
Committee Chair MP Abdulla Abdul Raheem said the decision, which will now be forwarded to the parliament floor for approval, meant that the existing regulations outlining procedures for no confidence votes approved back in March 2010 would remain in place.
The issue had been sent to the committee by Speaker Abdulla Shahid to settle a “way forward” for no confidence motions after the Supreme Court last month struck down amendments allowing secret voting in parliament, Raheem said today.
The General Purpose Committee Committee voted four to three against the amendment proposed by opposition Maldivian Democratic Party (MDP) MP Nazim Rashaad to specify instances whereby parliament could use secret voting and hold sittings behind closed doors, Sun Online reported today.
MPs representing several coalition parties in the unity government of President Waheed, which make up the majority of the committee’s members, all voted against the amendments, with the deciding vote cast by Chairperson Raheem.
Raheem told Minivan News that amendments for secret voting had been rejected over concerns that voting behind closed doors was unconstitutional and may lead to further conflict with the Supreme Court.
Secret voting was the subject of one of two Supreme Court rulings this year to be previously criticised by opposition, government-aligned and independent MPs as an unconstitutional “challenge to the separation of powers.”
In its judgement (Dhivehi) on the constitutionality of secret ballots for no-confidence votes, the Supreme Court majority opinion contended that the rule contravened article 85 of the constitution as well as parliamentary principles and norms of free and democratic societies.
Raheem added that in line with this ruling, the committee had instead chosen to retain existing regulations on no confidence motions that had been in use since March 2010. He claimed these measures had been previously approved by bodies like the International-Parliamentary Union (IPU).
Priority issue
Addressing today’s vote, government-aligned Dhivehi Rayyithunge Party (DRP) Parliamentary Group Leader Abdulla Mausoom claimed that the rejection of the procedural issue of secret voting had not been a major concern for the party.
“We do not see this is a priority issue at the moment. We are brave enough as a party to vote transparently on these matters,” he said.
Meanwhile, MDP MP and Spokesperson Hamid Abdul Ghafoor claimed that the opposition party would not back away from trying to vote out senior government figures include President Waheed, despite failing to secure a secret ballot.
“[President] Waheed’s no confidence motion still stands, whether the vote is secret or not is irrelevant,” he claimed.
Ghafoor alleged that the party had originally sought to have a no confidence motion behind closed doors over fears MPs would be too scared to vote in the current climate following the controversial transfer of power on February 7, 2012.
The MDP has maintained that the transfer of power that saw former President Nasheed resign from office following a mutiny by sections of the military and police was a “coup d’etat”.
“This is not a normal situation at present, the Supreme Court itself is part of this coup government,” Ghafoor claimed.
He said that while that the MDP had withdrawn no-confidence votes against Home Minister Mohamed Jameel and Defense Minister Mohamed Nazim on April 8 this year due to a lack of confidence in the vote, the party did not rule out rescheduling at a later date.
MDP MPs claimed upon withdrawing the no confidence motions earlier this month that the government-aligned DRP had agreed to vote in favour of the motions before reversing the decision at the eleventh hour.
MPs of the government-aligned Jumhooree Party (JP) and DRP had voted in favour of a secret ballot for no-confidence votes in December 2012.
Ghafoor claimed that with the recent defection of Speaker Shahid to the MDP and ongoing changes to the composition of parliament, the intention remained to try and remove the defence and home minsters as well as President Waheed.
“The [no confidence] strategy is not failed yet. Though the vote is not in our favour at the moment, things are always changing.”
Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed has said February 7, 2012’s controversial transfer of power was by politicians posing as religious scholars “selling out on the religion of Islam.”
Nasheed made the comments while addressing a rally held in the island of Bilehdhoo in Faafu Atoll on Sunday night, where a number of new members signed to the party including the island’s council president.
Only aim of small parties is promoting self-interest
Addressing the crowds, Nasheed stated that the country was seeing the formation of a number of small political parties.
“These parties are not formed with any intention of promoting any specific ideology or philosophy. The objective of forming these parties are to increase the power of their private businesses through these parties,” he stated.
“When they have a political party they sit down for business discussions, and the government is forced to relent. This is the reason why these people create political parties,” Nasheed said.
“After forming such parties, they then contest in elections and say that if they are given cabinet posts, islands, judges and warehouses, then they will into a coalition. The people have no part in such a coalition, it’s only these leaders who enter it,” Nasheed continued.
He further added that although small party leaders did not consider the interests of the general members or citizens when entering coalitions, he regretted that such parties were initially formed by acquiring signatures from those among the public.
“These forms were filled illegitimately using money as an incentive. We are seeing this for certain beyond any doubt. And once the party is formed, they then sell off the party to this coalition,” he alleged.
“One of the biggest things that this coalition has done is toppling the government which was legitimately elected in 2008.”
“This country has a ‘haram’ government”
“There is no greater sin in Islam than to orchestrate a coup,” Nasheed stated.
“Wearing hats of sheikhs and religious scholars, they have committed a huge sin, an act which is absolutely haram. Today, this country has a haram government. Being a 100 percent Muslim country, we must not let them continue carrying out this haram act in front of our eyes. God willing, we will win this presidential election in one round.”
“God willing, the righteous will always win. Human experience has never shown that a people who have committed a haram act, and remain in that state of sin, can succeed in what they are doing. We have never seen this happen in the past, and except for a few of our countrymen, no one believes they will gain that success even in future.”
During his speech, Nasheed spoke of the rhetoric used by political parties had against his administration prior to the contentious transfer of power in February 2012.
“In their ploy to topple our government, they spoke of two things. One is that it was for the sake of religion. In this context, one issue they raised was that the management of Ghiyasudheen School [in Male’] included foreigners. Meanwhile, we can clearly see that even here the principal is a foreigner, the teachers are foreigners.”
“After having preached this against Ghiyasudheen School, today it is the children of these religious scholars who are enrolled to study in that school. [Adhaalath Party MP] Muhthalib’s child goes to that school. The Supreme Court Judges’ children also go to that school. All the religious scholars have their children enrolled in this school, and this is because it is a school where the educational standards are very high,” Nasheed said.
“They toppled our government because we were establishing that school, and yet today their children are enrolled there,” he claimed.
“When they were overthrowing our government, they spoke about massage parlours. We are not seeing these places being closed down today. They spoke of the sale of alcohol, and yet the amount of alcohol being sold has not gone down.”
“I am absolutely certain that you will not see any issue that they have raised that has been stopped today,” Nasheed said, addressing many of the accusations that had been made against him by the then opposition coalition.
“By donning the caps of religious scholars and deceiving citizens in the name of religion, they gained power in a government and are now in the midst of the biggest worldly sin,” Nasheed alleged.
“The religion of Islam is a religion which has been given respect and honour in our hearts. They can always play with our hearts when they speak in the name of religion, especially when they do so in the guise of being Islamic scholars,” he said.
“We Maldivians are waking up to this now. We can no longer believe the things they say in the name of being religious scholars.”
“The Adhaalath Party did contest in the parliamentary elections, as well as the local council elections. They did not win a single seat in the first, and only two or three or seats on Fainu in the local council elections, out of a total of over 1700 seats,” Nasheed stated.
“Maldivians have never accepted that religious scholars should get entangled in worldly political matters. They are pious, righteous people who should be advising people like us on religious matters. It will not do when today they themselves are coming out and drafting laws to govern massage parlours,” Nasheed said.
“All of this is clear to us Maldivians now: a coup d’etat was brought about in the Maldives, and this coup was orchestrated by selling out the religion of Islam.”
“’Me, me, mine’ is the motto of small parties”
“The other issue that they spoke of when toppling our government is that we were putting up national assets for sale. They claimed we sold the airport on Hulhule’, which still remains there. No one has left taking the airport with them,” Nasheed stated.
“After the coup, the very people who claimed loudly that airport had been sold and partook in the coup, took the airport themselves. This they did not see as a national asset. The airport that we rent out for development was said to be a national asset, though. It is as if they become assets when they are in the hands of a certain people. As if it is not a national asset as long as it remains in their hands,” he said.
“The whole objective of a small political party is ‘for me, me, mine’; to see what is in it for them and to continue forming coalitions so as to increase the lot they will personally gain from it,” Nasheed continued.
“No development work was carried out in the Maldives in 2012 – the country was at a standstill. These people’s motto is to remain in a standstill. The government is at a standstill. They do nothing besides quarrelling among themselves,” Nasheed said.
“I think that if they make a large coalition, there is no relief for us Maldivians. It will be then be all about their coalition, their interests, their wealth, their businesses and their rule.”
“Children are not to be handled like tuna”
President Mohamed Waheed has meanwhile expressing “deep sadness” after a parent had stopped a child from shaking hands with the him during a trip to Meemu Atoll last weekend.
“The child won’t even know who I am even, but the father has taught the child a very bad lesson. To refuse to shake hands with anyone who approaches is not something Muslims do, not something Maldivians do,” Waheed was quoted as saying in local media.
Nasheed referred to this incident in his speech in Bilehdhoo.
“When ‘Baaghee’ (traitor) Mohamed Waheed went to an island and tried to harass a child, and the parents stopped him from doing so, he released a media statement expressing sadness about this,” Nasheed said.
“I have said even the other day, that parents will of course get angry when you try to hoist a child up like they hoist up tuna onto a fishing boat. I have said even then that we look at this child, carry this child, because their life is our party’s future, this nation’s future. This party has a policy which has to do with everything from their toe to their tip of their hair. This party is the child’s party. This party exists for the sake of the child’s future, for our future. To make their hopes and dreams a reality. And so, parents will not get angry when we approach their children and carry them,” Nasheed stated.
The High Court appeal case for a 15 year-old rape victim sentenced to flogging and house arrest after she was found guilty of fornication began today (April 29).
The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man. The confession was made during a separate investigation which was launched following the discovery of a dead baby buried in the outdoor shower area of her home.
The High Court trial that began today (April 29) was not open to the public, as the presiding judge exercised the authority to exclude the public “where the interest of juveniles or the victims of a crime so require”, as stated in Article 42 of the Constitution, according to local media.
High Court media official Ameen Faisal told local media that the Human Rights Commission of Maldives (HRCM) had also intervened in the case.
The victim’s state-appointed attorney filed the appeal with the High Court on April 1.
At the time, former Attorney General Aishath Azima Shukoor told local media the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.
Shukoor also said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.
Additionally, the child’s defence claimed her testimony was taken in violation of constitution and the charges against her were filed in violation of criminal procedure.
Sources from the girl’s island of Feydhoo in Shaviyani Atoll previously told Minivan News that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.
In June 2012, the girl gave birth to a baby which was later discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.
The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over two million people that has threatened to put pressure the tourism industry. The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.
President Mohamed Waheed Hassan Manik’s government previously criticised the verdict, pledging earlier this year to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.
Following the Juvenile Court’s ruling in February, Waheed stated on his official Twitter account: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”
However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) entered into a coalition in March – endorsed the sentence.
“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a statement from the party.
“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.
Inadequate child protection measures
A Maldivian children’s rights NGO recently criticised child protection measures currently in place as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.
NGO Advocating the Rights of Children (ARC) told Minivan News earlier this month that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.
ARC claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.
“The recent case of a 15-year old girl, whose rights were violated and abused by her stepfather is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.
“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.
“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.
Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.
Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.
The Judicial Service Commission (JSC) has requested the court expedite the case filed by the defense counsel of former President Mohamed Nasheed, challenging the legitimacy of the three-member bench appointed to his case.
The JSC made the request in a letter sent to the court last week. Lawyers representing the JSC previously requested the High Court dismiss the case, contending that the High Court did not have the jurisdiction to preside on the matter.
The JSC appointed the three member panel consisting of Judges Shujau Usman, Abdul Nasir Abdul Raheem and Hussain Mazeed to hear the former president Nasheed’s criminal trial – concerning criminal charges levied against him over the controversial detention Chief Judge of Criminal Court Abdulla Mohamed in January 2012.
However, following the Supreme Court’s ruling that the Hulhumale-based court was legitimate and could operate as a court of law – dismissing Nasheed’s contention that court was formed extra-legally – the former president’s legal team subsequently filed a case at High Court contesting the legitimacy of the bench appointed to hear the case.
Upon accepting the case, the High Court issued a stay order on Hulhumale Magistrate Court to suspend all criminal trials concerning the arrest of the judge, pending a ruling on the legitimacy of the court bench.
Speaking to local media on Monday, JSC Media Official Hassan Zaheen said the commission sent the letter last week.
“We are the respondents of the case and in that capacity, we requested the High Court to speed up the case,” Zaheen told local newspaper Haveeru.
Zaheen claimed the request made to the High Court was “not a new practice” and that the commission had previously made similar requests.
Meanwhile Nasheed’s Maldivian Democratic Party (MDP) has alleged that the JSC sent the letter to High Court in a bid to influence the outcome of the trial.
In a press statement released by the party, the MDP claimed the JSC had instructed the court to immediately make a ruling on the matter.
“If the JSC, as the respondent in the case, felt the case was being delayed, there is nothing wrong in asking the court to expedite the case. However, the MDP believes this is an attempt to influence the outcome of the case, as the JSC is sending its legal arguments in writing rather than speaking about them in the court room,” read the statement.
The MDP condemned the decision and alleged that the state’s judicial watch-dog was acting beyond its constitutional mandate.
The JSC has come under heavy scrutiny over its appointment of the panel of the judges – which several lawyers and members of JSC itself have claimed exceeded the JSC’s mandate.
Among the JSC’s critics include JSC member Sheikh Shuaib Abdul Rahman – the member appointed from among the public. Sheikh Shuaib Abdul Rahman previously claimed the JSC had arbitrarily appointed three magistrates from courts across the Maldives to Nasheed’s case after dismissing the three names first submitted to the commission by the Hulhumale’ Magistrate Court.
“Moosa Naseem (from the Hulhumale’ Court) initially submitted names of three magistrates, including himself. This means that he had taken responsibility for overseeing this case. Now once a judge assumes responsibility for a case, the JSC does not have the power to remove him from the case,” Sheikh Rahman explained. “However, the JSC did remove him from the case, and appointed three other magistrates of their choice.”
Sheikh Rahman stated that the commission had referred to Articles 48 to 51 of the Judge’s Act as justification.
“But then I note here that the JSC breached Article 48 itself. They did not gather any information as per this article. They stated that it was due to the large amount of paperwork that needs to be researched that they are appointing a panel. However, this is not reason enough to appoint a bench,” he said.
Meanwhile, Speaker of Parliament Abdulla Shahid – who is also a member of the JSC – stated that he believed that the judicial watchdog had acted unconstitutionally in assigning magistrates to a particular case.
“In deciding upon the bench, the JSC did follow its rules of procedures. As in, it was voted upon in an official meeting and six of the seven members in attendance voted on the matter. The seventh member being the chair, does not vote in matters,” Shahid explained. “However, whether it is within the commission’s mandate to appoint a panel of judges in this manner is an issue which raised doubt in the minds of more than one of my fellow members,”
Other critics of the JSC include United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, who also argued that the appointment of the judges bench was carried out arbitrarily.
“Being totally technical, it seems to me that the set-up, the appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws,” Knaul said, responding to questions from media after delivering her statement in February.
Speaking to Minivan News previously, Kirsty Brimelow QC, one of three UK-based experts on former President Nasheed’s legal team, contended that the prosecution of his case before the Hulhumale’ Magistrate Court fell “below international standards for fair trial procedure”.
JSC Media Official Hassan Zaheen was not responding to calls at time of press.
Umar Naseer, who lost the presidential primaries of the Progressive Party of Maldives (PPM) to Abdulla Yameen, has submitted a case to the Civil Court seeking a ruling that he was dismissed from the party against the party’s regulations.
Ahmed ‘Maaz’ Saleem, a PPM member who served as Naseer’s campaign manager, stated that the case also concerned irregularities in the primaries. He reportedly told local media that they did not believe that Naseer’s allegations the primaries were rigged were enough ground for him to be dismissed from a political party in a modern democratic system.
Saleem further claimed that Naseer’s dismissal breached the fundamental regulations of the party itself.
“It’s against democratic principles to dismiss every person who expresses a dissenting view on party matters,” Saleem said.
Saleem went on to criticise other internal issues of PPM, stating that even the party’s Disciplinary Committee consisted of members who remained “under the control of” PPM’s presidential candidate Yameen.
Saleem further stated that a large number of PPM members are still supporting Naseer, and that they would back his claims that the primaries had been rigged through ballot-stuffing, falsifying vote counts and other such actions.
Saleem said that problems had risen in PPM after “a group of corrupt people from some organisation called the PA which does not even have 3000 members” joined the party.
The PA (People’s Alliance) was headed by Abdulla Yameen until the Dhiivehi Rayyithunge Party (DRP) split and formed the PPM. Yameen then joined PPM, leaving PA to be headed by Deputy Speaker of Parliament Ahmed Nazim.
Unfair disciplinary action
Naseer’s close political ally Saleem added that the party had failed to take action against MPs Shifaq Mufeed and Ali Arif, who had strongly criticised the current government and President Mohamed Waheed Hassan in parliament, despite the party’s council having ruled it would not publicly criticise the government as they were part of its coalition.
“President Maumoon himself expressed concern about this action of the MPs,” Saleem was quoted as saying in local media.
“The decision to not criticise this government was made in a council meeting chaired by President Maumoon himself. And then these MPs acted against this decision right in front of MP Abdul Azeez Jamaal (Chair of PPM’s Disciplinary Committee). And even then, the committee did not even look into the matter. Tell me then, where is the justice in them taking action against Umar Naseer?”
Cases against PPM primaries
Saleem further said that “it is not a sensible line of action” to dismiss Naseer for alleging the primaries had been rigged, while there is an ongoing case in the Civil Court submitted by a general member of PPM regarding vote rigging in the primaries.
Earlier this month, member of PPM Rahma Moosa has lodged a case in the Civil Court challenging the results of the party’s presidential primary.
The case was filed claiming that 8,915 people who were not officially registered as members of PPM had been allowed to vote in the primary.
Moosa alleged that the move breached the Political Party Act and compromised the rights of all general members of the party.
PPM Spokesperson Ahmed Mahloof’s phone was switched off at the time of press.
Umar Naseer was not responding to calls. Earlier this month his secretary stated that, as a rule, he would not conduct interviews with Minivan News.
The Adhaalath Party has issued a statement condemning former President Mohamed Nasheed’s comments on Islamic radicalism during an address in Denmark.
During his address, Nasheed stated the Maldivian population had largely rejected Islamic extremism, and, in a veiled reference to the Adhaalath Party, noted that “the Islamists were never a credible electoral threat.”
“ The Islamic extremists also didn’t like the Maldives’ new democracy because they were unpopular. They failed to win the Presidential elections in 2008, they failed to win local government elections – in 2011 they won less that four percent of the vote. But now, after the coup, extremists have been rewarded with three cabinet positions in government, and in many ways set the tone of government communications. They are busy trying to indoctrinate people with a misguided version of Islam,” Nasheed said.
“Nasheed misled them about the party he fears and envies most: the Adhaalath Party,” the party responded in a statement. “Nasheed knows very well that the Adhaalath Party is not a party that has no power and influence, unlike what he said in Denmark.”
The party accused Nasheed of “placing idols” in Maldivian lands – a reference to the SAARC monuments gifted to the country by other South Asian nations during the 2011 SAARC Summit hosted in Addu Atoll – and of “giving our assets to foreigners” – a reference to the concession agreement to manage and upgrade the international airport granted to Indian firm GMR.
In his address, the former President acknowledged that there was “a lot of xenophobia, Islamic rhetoric and intolerance going on in the Maldives”, and noted the destruction of 12-century Buddhist statues, manuscripts, and other evidence of the Maldives’ pre-Islamic history.
“There is idea of wanting to return to Hejaz at it was in the 7th century. This is Wahabism in principle. And it is difficult and worrying,” Nasheed said.
“The vast majority of our society are very tolerant people. If all this Islamist rhetoric is removed from official discourse, there will be a much more liberal society. I assure you the rhetoric will be removed from official discourse,” he said.
The Adhaalath Party meanwhile expressed astonishment “that there are a few Maldivians joining [Nasheed] in his work to get another chance to brainwash the Maldivian people. God willing Mohamed Nasheed will not be able to come to power ever again,” the party said.
In January 2013, parliament’s Government Oversight Committee heard testimony from six of the highest-ranking officers of the police and military for its review of the Commission of National Inquiry’s (CoNI’s) report into the transfer of presidential power on February 7, 2012. Minutes of the closed-door sessions (Dhivehi) along with audio recordings were made public on January 16, 2013.
Following is a translated summary of the testimony from former Commissioner of Police Ahmed Faseeh to the oversight committee on January 11, 2013. Faseeh retired from the police service shortly after President Mohamed Nasheed’s resignation.
Three or four nights before February 6, 2012, opposition coalition protesters at the Maldives Monetary Authority (MMA) building area took to the streets and began marching through the narrow roads of the capital. At the time, the demonstrations were taking place every night in front of the MMA building, after which the protesters would march across Male’ until the early hours of morning.
On the night in question, about 800 people were gathered at the Maldivian Democratic Party (MDP) Haruge (meeting hall) on Ameenee Magu. Fearing a possible confrontation, Faseeh asked his commanders to make sure that the opposition protesters do not reach Haruge.
While he was inside the police headquarters, Faseeh suddenly heard a platoon of Specialist Operations (SO) riot police take off on a police vehicle.
Acting without orders, the SO platoon stormed Haruge and pepper-sprayed ruling party supporters.
Faseeh called Defence Minister Tholhath Ibrahim and asked for a platoon of soldiers to be sent to the area to control the situation. The SO officers left Haruge when the military platoon arrived.
Following the SO attack on Haruge, two groups of MDP activists led by MPs Alhan Fahmy and ‘Reeko’ Moosa Manik made their way to the Supreme Court building and MMA area. With no command from senior officers, SO officers forcibly broke up the group led by Reeko Moosa as soon as they reached the MMA building.
The next morning, then-head of police intelligence, Chief Superintendent Mohamed ‘MC’ Hameed, informed Faseeh of an intercepted phone call between a SO lance corporal and Progressive Party of Maldives (PPM) MP Ahmed Mahloof. The call was intercepted and shared by military intelligence.
In the recorded phone call, the SO officer boasts of pepper spraying people at Haruge and beating up MDP activists when they came to the MMA area. MP Mahloof asks the lance corporal why they did not break MP Moosa Manik’s leg.
“And [the SO officer] replies, ‘we can’t just break [his leg] like that. That’s not how this is going on.’ In any case, they talked like they were the closest buddies.”
The officer was immediately transferred out of the SO unit to Feydhoo Finolhu pending disciplinary proceedings.
On the night of February 6, President Nasheed called Faseeh and asked for the SO to be withdrawn. Opposition coalition protesters and ruling party supporters were facing off at the artificial beach with riot police separating the rival demonstrators.
Nasheed told the commissioner that he did not have confidence in police based on reliable intelligence information, which suggested that riot police were working with the opposition. Faseeh recalled the intercepted phone call and wondered if the President’s order was prompted by similar intelligence information.
Faseeh then asked Defence Minister Tholhath Ibrahim to dispatch a platoon of soldiers from the Maldives National Defence Force (MNDF) to take over from riot police. The soldiers were sent to artificial beach an hour later and the SO officers reluctantly withdrew to Republic Square. Riot police troops were staged at the helipad in the middle of the square.
Faseeh was in his office with Assistant Commissioner Sodiq when he heard a loud commotion coming from Republic Square. From his balcony, Faseeh saw police vehicles taking off and SO officers screaming, “let’s go beat them up.”
Faseeh ran downstairs and saw SO officers running. Deputy Commissioner Ismail Atheef was there. Faseeh did not know what was going on.
He was later informed that Atheef snatched the keys from one of the police lorries. But the SO officers left on other vehicles while others ran to the artificial beach. The Republic Square was soon empty.
Shortly thereafter, a cousin called Faseeh and said a police lorry was going towards the MDP Haruge on Ameenee Magu. He said they were screaming obscenities very loudly.
MDP Haruge on February 7: Photo by Haveeru
“Then they went to MDP Haruge. They went inside MDP Haruge, beat up some people there and damaged things and even beat some people they met on the road.”
Faseeh also learned that they chased after and beat people at the artificial beach. After attacking Haruge the rogue SO officers returned to Republic Square. Faseeh was despairing “because my troops committed such lowly acts.”
“Even if they were given an order to do something illegal that does not mean they have to commit bigger crimes.”
Faseeh went out to Republic Square and asked Deputy Commissioners Atheef and Muneer to go talk with the SO officers. Faseeh waited near the flag post. Muneer returned and said they responded with filth and obscenities. Muneer advised Faseeh against meeting them.
Faseeh saw three or four officers carry Deputy Commissioner Atheef inside the headquarters after he fainted.
“What happened was Athee couldn’t believe these were actually police.”
Other officers, including “blues,” came out of the headquarters and started loitering around the square. The rogue SO officers at the helipad area occasionally called for the resignation of President Nasheed.
Around 11pm, Faseeh went to the military headquarters. President Nasheed called and asked what was going on.
“I said I don’t know what they’ve done. They are now in a mutiny.”
All the generals, the chief of defence forces and the defence minister were at the military headquarters. They were discussing how to get the police to withdraw.
Faseeh told the senior officers that the mutinying SO was his “elite force.”
“When the SO are insubordinate, there aren’t any others who could talk to them or control them.”
The officers then began preparing to control the situation. Faseeh stayed with Major General Moosa Ali Jaleel and Defence Minister Tholhath and saw that they started working on it.
“They started and gave different times. 12:30, 1:30, 2:30, 3:30. But by the time it turned 4 it still couldn’t be done. It kept dragging on.”
The soldiers would form ranks, get set and withdraw. “The soldiers were very cowardly.”
Around 4am, President Nasheed came to the military headquarters. He asked Major General Jaleel why the military were unable to push the SO back. Faseeh recalled that there were about 150 mutinying officers at the Republic Square at dawn.
The soldiers were sent out again but they did not confront the SO.
A frustrated President Nasheed suggested to Jaleel that he could accomplish the task with a water canon and 20 soldiers.
Shortly after the dawn prayer was called, President Nasheed asked Faseeh to meet the rogue police and attempt to advise them. After praying, Faseeh instructed his secretary to ask the SO commanders to come and meet the commissioner.
The commanders refused.
A few civilians were near the Republic Square at the time. Faseeh’s private secretary informed him that the SO officers were “worse than before and more aggressive.” Faseeh decided not to go out and meet them. He managed to pass on a message to the four SO squad commanders from President Nasheed assuring them that they would be treated fairly.
From inside the police headquarters, Faseeh heard MDP supporters heading into Republic Square from the Chandaneemagu-Orchidmagu junction.
The mutinying officers were chanting their core values, oath or mission statement with one arm on the chest. As soon as it was done, they turned and ran towards the MDP group.
Faseeh saw loud clashes and “a big fight.”
“That was when the flame was lit. And the boys who lost control there came and threw huge stones at the police office, threw things inside the police office, vandalised places, destroyed a lorry there, threw rocks at MNDF.”
Faseeh saw the police officers use their batons during the confrontation. After they vandalised the police office, Faseeh’s bodyguard wanted to take him to a secure location but he went to the administrative commissioner’s office.
The mutinying officers were running inside the police building making death threats. Chief Superintendents Hameed and Mohamed Jinah as well as Atheef were assaulted.
Two officers came looking for Faseeh but were thwarted by the commissioner’s secretary. They slammed into the door twice trying to break it down but soon left.
The violent officers “destroyed” the conference room and mess room and damaged electronic equipment and a television set.
“They are all really the same [riot police] sent out when the MDP people gathered back then to take away the rice pudding bowl, take down banners and do all that. So in truth there is going to be something of Maumoonism inside their heads.”
Faseeh decided to resign after hearing current Defence Minister Mohamed Nazim demand his resignation upon emerging from the military headquarters between 10:00am and 11:00am. Nazim said he had relayed a “non-negotiable” demand for President Nasheed to resign within the hour “without any conditions.”
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