UN calls on all presidential candidates to accept election results

The UN Resident Coordinator in the Maldives, Tony Lisle, has issued a statement encouraging “all presidential candidates to respect the results” of the first round of presidential elections.

The statement, in line with those of all other observers on the September 7 polls including delegations from the Commonwealth, UK, India, Australia, Malaysia, US, EU, Japan and Thailand, follows a sustained campaign by third-placed candidate Gasim Ibrahim to annul the result.

Gasim’ Jumhooree Coalition, which includes the Islamist Adhaalath Party, polled 24.07 percent (50,422 votes) in the first round, narrowly missing out on a place in the run-off to second place Abdulla Yameen’s 25.35 percent

Gasim has, however, variously contended that he should have received between 10,000 to 30,000 more votes, and has disputed the result in the High Court, Supreme Court, at rallies, and on his television station – Villa TV – declaring that he should have placed first.

“God willing, it will be Gasim Ibrahim who will be the President of the Maldives on 11 November. Allah willing, do not doubt this. I tell you, do not doubt this,” he declared at a recent rally, to launch his “Vote Rigged!” campaign.

Early on Monday morning , police acting on a tip-off from the JP, barricaded streets around the Elections Commission and took its garbage into custody. The JP accused the commission of disposing of evidence, though police later reported that the rubbish contained nothing affecting the outcome of the polls.

Later the same day the Supreme Court accepted a case from the JP seeking to have the vote annulled.

The Maldivian Democratic Party (MDP) – which placed first with 45.45 percent of the vote – has issued a statement following an emergency meeting of the party’s National Executive Committee, asserting that the party would not allow the will of the people be abrogated or undone by “a court house consisting of some judges who have lost their integrity and face allegations of lewd conduct.”

“The National Executive Committee has decided today to request the party’s parliamentary group to take urgent measures, restart the People’s Majlis and resume sittings to stop the abuse and misuse of the judiciary by some political parties that are exerting undue influence on the judiciary without respecting the decision of the Maldivian people made by their vote,” the press release stated.

The UN Resident Coordinator meanwhile congratulated the people of the Maldives “on the peaceful and orderly conduct of the first round of voting”, stating that he looked forward “to a similarly peaceful and orderly second round of voting.”

The UN’s calls for candidates to respect the election results and ensure a peaceful transition were reiterated by UN Secretary General Ban Ki-Moon, and yesterday by UN Assistant Secretary General for Political Affairs to the Permanent Representative of the Maldives in New York.

International statements

The 17 member Commonwealth delegation – one of the largest present during the election – issued an interim assessment the after polling that described the vote counting as “highly transparent with media monitors, party observers, and national and international observers able to scrutinise the process closely.”

“The count process was conducted in a consistently transparent manner, with officials observed by the group demonstrating willingness to repeat steps in the process in response to concerns expressed by party observers,” said the delegation’s head, former Prime Minister of Malta Dr Lawrence Gonzi.

The group described the voter register – contested by the JP – as “accurate and robust”.

“Fears expressed by some political parties regarding possible large numbers of deceased voters and voters registered in the wrong geographic area seem to be unfounded, based on the low incidence of election day complaints,” said Dr Gonzi.

Indian observers

Six teams of Indian observers, including four in and around Male, one on Hithadhoo, Maradhoo, Feydhoo, Meedhoo and Hulhudhoo – in Seenu Atoll (Addu) in the south – and another on Kulhudhuffushi, Hanimadhoo, Dhidhoo and nearby islands in Haa Dhaalu and Haa Alifu Atolls in the north, covering 33.6 percent of all booths.

“The polling was orderly and unblemished by any notable incident. It was also an enjoyable experience for the voter,” stated J M Lyngdoh of the Indian observer team.

“The voters’ lists were accurate and prominently displayed. The ballot boxes were opened and closed as per the scheduled time. The discipline, patience and dignity of the voter and the sheer competence, industry and cheerfulness of the election staff were quite admirable. The police were ubiquitous but discreetly non-intrusive,” he said.

“The success in the first round is an achievement which any of the mature democracies would have been proud of. This was a transparent and fair election and there is no reason why the run off should be any less than the first round,” he concluded.

US statement

The US also congratulated the Maldives on the conduct of the first round of voting.

“The very high voter turnout showed the strong commitment of the people of Maldives to democratic government,” said US State Department Deputy Spokesperson, Marie Harf.

“As the country prepares for a second round of voting on September 28, we call on all parties to respect the democratic process and continue to allow for a free, fair and peaceful vote to take place. This is the second presidential election since Maldives embraced multi-party democracy in 2008, and thus represents a historic opportunity for Maldivians to select democratically the representative of their choice,” Harf said.

UK statement

The UK’s Parliamentary Under Secretary of State for the Foreign and Commonwealth Office (FCO), Alistair Burt, also praised the conduct of the election.

“Election observers, both domestic and international, have broadly agreed that the election was transparent and competitive. The UK’s election observers were also pleased to see that proceedings ran smoothly, and that the atmosphere was one of excitement and anticipation,” Burt stated.

“The exceptionally high turnout – estimated to be around 88 percent – demonstrates a significant public enthusiasm and support for democracy in Maldives. I hope political parties will honour this democratic engagement by working together in order to further consolidate democratic institutions in Maldives,” he stated.

“I hope that the second round of elections on 28 September, and the transition to post-electoral politics, will also be free, fair and credible,” Burt concluded.

Local NGO Transparency Maldives – which ran the most comprehensive observation operation on the day – announced prior to the release of the provisional results that none of the incidents reported on election day would have a “material impact on the outcome of the election”.

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“God Willing, Gasim will be President on November 11”: Gasim

This article was first published on Dhivehi Sitee. Republished with permission.

On the evening of September 9, two days after Maldivians voted in the country’s second democratic elections in which Mohamed Nasheed emerged with a resounding victory, Gasim Ibrahim’s Jumhooree Coalition launched a series of rallies under the name ‘Rigged Vote! Rigged Vote!’. Together with its ally, the radical ‘religious’ Adhaalath Party, the Jumhooree Coalition has been claiming that at least 20,000 additional votes were cast on 7 September. This is the second in Dhivehi Sitee’s English translations of speeches at the ‘Rigged Vote! Rigged Vote’ launch rally. Today, extracts from the speech by leader of Jumhooree Party, Gasim Ibrahim:

Yes, we know without a doubt that the number of votes we got in the provisional results announced by the Elections Commission is not the amount of votes people gave us. I understand very clearly that more than 70,000 Maldivians voted for us. We will never forgive, never forgive, this major crime committed by the Elections Commission. Will never forgive, okay?

It is not 50,000 votes that I got from Maldivians. I know this because how were dead people voted for, those votes counted and included in the list? When there are such huge responsibilities to be assigned and when such big changes are made, I must say the people responsible must hurry to deliver the right. They must hurry. We don’t appoint people to positions so they can say this is a power in our hands and harass and badger.

I am saying it very clearly, we have no doubt that the High Court and the Supreme Court, too, will deliver us our right. Yes, in ‘critical moments’ like this, my appeal to the courts is to hurry up. See it as a right and give us a judgement fast. I have no doubt these courts will rule this way. That is, the courts will see this as a right and come to that decision fast. I don’t believe that at a time like this, when the entire peoples’ future rests and builds on this that such things should get stuck. I don’t believe that something like this should be open to influence or power from outsiders.

What I want to say is, the MNDF and or police and army of the national security force must give the protection they must give to our judges. Especially in a moment like this, when their protection and security is of such importance, I beg the president of the Maldives. I ask for the protection of those people [judges].

Yes, even in a short period of about eight hours, we have found about 800 dead people. We can check this out properly when we get the voters lists from the polling stations. We are certain that about 20,000 votes have been cast against the law and procedures. That is why the results show we have less votes than we got. I don’t know whether the votes we got have been rigged and moved from this side to that side.

What is certain is that it is not 50,000 votes that we got. I believe the result should have more than 70,000 votes. Those are people who joined us and supported us. These people are sobbing in all corners of the country, shedding tears of pain and crying: ‘this is not the reality, so many crimes have been committed. We saw people, dressed in a particular colour, closing up the cote boxes with shaking hands.”Yes, I am telling you about Laamu Atoll. A person monitoring near one of our vote boxes there told me s/he saw a person wearing a yellow shirt closing a box in this state.

We are leading. We are leading. When you minus that 90,000 votes [received by MDP], we are the leaders. Yes, when you subtract 20,000 from those 90,000, I believe it is us who are in the lead.

We know it is our vote that was changed. I am telling you what I believe. I am telling you what I believe. Maldivians, have courage. I am ready to make any sacrifice with my body and my money to bring you Maldivians a happy and prosperous life. We will not give in to anyone. This talk of me hospitalised for a heart attack — these are all blatant lies to dishearten you. This talk of me endorsing this person or endorsing that person. We will endorse when we have to endorse. But today we don’t have to endorse. There is nobody we will endorse. God willing, it is others who will have to endorse us. We don’t have to endorse anyone. We are not in such a position yet.

Even if you have to vote twice or thrice, I tell you, don’t hesitate. Do as we say. Like Imran said, we will tell you what the most right, most sincere decision is for the sake of this nation, this land. When we tell you this decision, I call on you to double the support you have for us and decide to work with us.

God willing, it will be Gasim Ibrahim who will be the President of the Maldives on 11 November. Allah willing, do not doubt this. I tell you, do not doubt this.

Ask Allah for strength. Pray to Allah. Get strength from Allah and pray. That then is how Allah will decide things. There is no other calculation than this [Allah’s]. What I am telling you is the Right. Even if some people are deceiving you, the Right will win, Allah willing. Allah has guaranteed victory for the Righteous. Reminding you of this will give you Maldivian citizens strength and good thinking. I am ending this with the prayer that God will give you the ability to think right.

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Police search six houses as part of special operation conducted in Addu

Police have searched six houses on Hithadhoo in Addu City as part of a special operation conducted by the police Special Operations (SO) team based in Addu for elections security.

A police spokesperson would not confirm whether anybody was arrested during the raids.

However, Police South Division Commander, Chief Inspector Ahmed Shifan, told local news outlet Sun Online that police had confiscated hard disks and related items from some of the houses.

Shifan also told the paper that the houses were searched in bid to clarify certain information required for a case police were investigating, and that all the houses were searched after obtaining a court warrant.

He declined to provide further information.

Police had previously searched the premises of a house owned by a senior activist of the Maldivian Democratic Party (MDP) on the island of Kulhudhufushi in Haa Dhaalu Atoll, who was arrested on allegations that he had printed ballot papers. Police also confiscated the internal hard disk of his computer.

An island council source on Kulhudhufushi at the time told Minivan News that the party was alleged to have printed oversize, laminated versions of the ballot paper to demonstrate to people how to vote.

The MDP issued a statement saying the party had sent a letter to Police Commissioner Abdulla Riyaz asking him to return the hard disk back to the MDP, as it contained important material related to the MDP presidential election campaign.

On June 24, police decided to station Special Operations (SO) officers in Addu to work with the Thinadhoo police station and establish “peace and security” for the election.

On February 7, 2012, SO officers among others instigated a violent mutiny, assaulted government supporters, ransacked the ruling Maldivian Democratic Party (MDP) Haruge (meeting hall), staged a protest at the Republic Square demanding the resignation of then-President Mohamed Nasheed, clashed with soldiers and stormed the national broadcaster in the hours immediately preceding Nasheed’s controversial resignation.

Moreover, on February 8, 2012 SO officers brutally beat supporters of the deposed MDP during a heavy-handed crackdown of a protest march led by Nasheed, who had announced that his resignation the previous day was made “under duress.”

Mayor of Addu City Abdulla ‘Soabe’ Sodiq did not respond to Minivan News at time of press.

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EC warns parliament over VTV’s attempt to “incite uprising” against commission

The Elections Commission (EC) has raised concerns in Parliament’s National Security Committee that there may not be a suitable environment for the presidential election’s second round should Villa TV (VTV), owned by Gasim Ibrahim and his Jumhooree Party (JP), continue to deliberately spread false information and incite people to rise up against the commission.

The National Security Committee unanimously approved the EC’s request to share their concerns about local media spreading JP’s “baseless and unfounded” claims last Friday (September 13).

The parliamentary committee then summoned the Elections Commission (EC), the Maldives Police Service (MPS), the Maldives National Defence Force (MNDF), and the Maldives Broadcasting Commission (MBC) to appear for questioning Saturday (September 14) in regard to its investigation into the EC case filed against the JP.

“For the past week, the media has been trying to spread a lot of untrue stories. There have been so many figures quoted with no truth in them,” EC Chair Fuwad Thowfeek told Minivan News yesterday (September 15).

“The problem isn’t local media in general, but VTV has been doing this deliberately,” said Thowfeek.

VTV had been continuously broadcasting the live program ‘Olhuvaalee Vote Ge Namugai’ (‘fraud in the name of the vote’) as well as reports against the EC and Maldivian Democratic Party (MDP), since the preliminary results from presidential election’s first round indicated Gasim placed third with 24.07 percent, a total of 50,422 votes.

“We went to Parliament’s National Security Committee and raised these concerns because VTV and JP [members] at their ‘jagaha’ (campaign meeting hub) are inciting people to uprise,” said Thowfeek.

“We are concerned that if they keep continuing that we may not find the opportunity for a peaceful, harmonious environment suitable for voting on the 28th,” he continued.

During the National Security Committee meeting these issues were brought to the attention of the Maldives National Defence Force (MNDF), Maldives Police Service (MPS), and Maldives Broadcasting Commission (MBC).

“These three institutions were present during the second round of the meeting Saturday – MBC because of VTV’s role in broadcasting these things all day and night,” noted Thowfeek.

“The MNDF and MPS [were notified] because the JP and VTV have continued to call on people to obstruct and oppose the second round of elections,” he explained.

“However, I noticed a change in VTV’s content after the National Security Committee meeting, because I didn’t see the ‘Olhuvaalee Vote Ge Namugai’ program broadcast Saturday night,” he added.

Minivan News observed this morning (September 16) that the ‘breaking news’ on VTV involved broadcasting as fact allegations that the EC was destroying election-related documents.

Police acted on the JP’s claim and barricaded the entrance to the EC secretariat early this morning, however by afternoon police had released a statement confirming that no documents potentially affecting the election results had been found among those disposed of by the commission.

“It’s really sad that one of the [presidential election] contestants – after he failed to get the votes required to compete in the second round – has behaved in such a very immature manner,” said Thowfeek.

“Gasim and [his running mate, Dr Hassan] Saeed both failed in the first round of the 2008 presidential election and without any fuss or problems they accepted their defeat,” he noted. “So I thought they’d be more mature this time and not raise problems, but this time they have failed to digest their loss.”

“It’s not a good example to set for the public and it’s not a good thing for the future,” he added.

Committee statements taken out of context: EC

Thowfeek also noted that statements he and EC Member Ali Mohamed Manik gave about the voter registry during the National Security Committee meeting had been taken out of context by local media.

“Saying these [11] people [who voted in the first round] were not registered voters is not true information,” said Thowfeek.

“These people were on the voter registry list. They were on the final gazetted list that was published publicly, they are not new names,” he continued. “The were also found on the voter registry that was sent to the ballot boxes.”

Thowfeek explained that an interim voter registry document was created after the voter list was published on the government gazette – and accessible for public review so the EC could be notified of needed corrections.

While the 11 voters in question were not included on interim document, their names were found on final voter registry list sent to polling stations, he emphasised.

“Due to a clerical error the EC was not able to find their names in the correct places [on the interim document],” said Thowfeek. “It was the fault of the EC administration. However, this was a case by case issue.”

“If anyone’s name is missed to the a fault of the EC then the commission is responsible for correcting the problem and giving the person a chance to vote,” he added.

Thowfeek emphasised that international observers from 17 commonwealth countries – including Australia, Malaysia, India and UK – as well as the US, EU, Japan and Thailand had all praised the smooth, calm, peaceful, transparent and open election process.

“During a gathering we had with the international observers the evening of September 8, they said this election is just like what anybody can see in a developed country because it was so open, transparent and organised,” he added.

Local media problems

Meanwhile, MBC has launched an investigation into VTV broadcasting unsubstantiated content to incite hatred against the EC in violation of the broadcasting code of practice. The commission stated that it was investigating the matter after a case was filed by a private individual.

“The investigation is ongoing, so I cannot comment [on the VTV case],” MBC President Mohamed Shahyb told Minivan News today.

“We have to watch real time video [from VTV] which takes time,” he explained. “If it is determined that VTV breached the [broadcasting] code of practice then we will give them an opportunity to respond.”

“The commission has to follow procedures to give them time to reply, only then we can adjudicate and reach a final conclusion,” he added.

Shahyb expects the investigation will “probably” be completed by late this week or early next week.

Although the VTV case also falls within the Maldives Media Council (MMC)’s mandate, no official complaints have yet been filed, the MMC told Minivan News today.

However, the MMC did receive an SMS expressing concern with VTV’s broadcasts, which was discussed by the council’s five member committee dedicated to election issues.

With the ongoing Supreme Court and High Court cases as well as MBC’s investigation, the MMC has not decided to take any official action as of yet, however the issue is “on the table”, it noted.

The MMC also noted it had not received any official complaints regarding the conflicting and inaccurate media reporting of first round voting figures during the counting process.

Confusion over the 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. One local newspaper even had voted turnout at 102 percent for much of the counting process.

Prior to the release of the provisional results at 5:00am on Saturday 8, a small group of JP supporters demonstrated outside the Dharubaruge convention centre alleging a 10,000 vote discrepancy.

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No legal authority for ACC to prevent signing of Nexbis contract, Supreme Court rules

The Supreme Court has ruled that the Anti-Corruption Commission (ACC) did not have the legal authority to order the Department of Immigration and Emigration not to sign a contract with Malaysian mobile security firm Nexbis in 2010, to establish a border control system (BCS).

The apex court today overturned a previous High Court judgment, which itself overturned a Civil Court ruling last year declaring that the ACC did not have legal authority to terminate the contract signed with Nexbis in November 2010.

However, the High Court judgment was appealed by Nexbis at the Supreme Court, which today ruled in favour of the Malaysian company.

The controversial BCS project was terminated by the government in August this year and replaced by the Personal Identification Secure Comparison and Evaluation System (PISCES) provided by the US government on August 20.

According to local media reports, today’s Supreme Court judgment was delivered with the unanimous consent of all seven Justices on the court bench. However, Chief Justice Ahmed Faiz Hussain and Justice Muthasim Adnan noted different points to the other five.

Delivering the majority decision at today’s hearing, Justice Abdulla Saeed reportedly said that the High Court violated judicial and legal principles in overturning the lower court verdict, noting that the ACC’s order was made after the agreement was signed.

Referring to domestic contract laws and the ACC Act, the Supreme Court upheld the Civil Court ruling, which had determined that the ACC did not have the legal authority to order the Immigration Department to terminate the BCS project based on alleged corrupt dealings.

The Supreme Court had also previously overturned a High Court injunction blocking the implementation of the BCS project, prompting ACC Chair Hassan Luthfy to claim that the independent body had been rendered powerless.

“If this institution is simply an investigative body, then there is no purpose for our presence,” Luthfy said in September last year. “Even the police investigate cases, don’t they? So it is more cost effective for this state to have only the police to investigate cases instead of the ACC.”

Luthfy contended that the ruling had rendered the ACC powerless to prevent corruption, even if it was carried out on a large scale.

“In other countries, Anti Corruption Commissions have the powers of investigation, prevention and creating awareness. If an institution responsible for fighting corruption does not have these powers then it is useless,” he argued.

Corruption allegations

In December 2011, the ACC submitted corruption cases to the Prosecutor General’s Office (AGO) against former Immigration Controller Ilyas Hussain Ibrahim and Director General of the Finance Ministry, Saamee Ageel, claiming the pair abused their authority for undue financial gain in awarding Nexbis the MVR 500 million (US$39 million) BSC project.

Ex-controller Ilyas – brother-in-law of President Dr Mohamed Waheed and current state minister of defence and national security – pleaded not guilty to the charges at the first hearing of the trial on April 10 this year.

Meanwhile, on December 25, 2012, parliament voted unanimously to instruct the government to terminate the BSC agreement with Nexbis.

All 74 MPs in attendance voted in favour of a Finance Committee recommendation following a probe into the potential financial burden on the state as a result of the deal.

In September 2012, the ACC informed the committee that the deal would cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

The Finance Committee meanwhile found that the government had agreed to waive taxes for Nexbis despite the executive lacking legal authority for tax exemption.

Following the signing of a Memorandum of Understanding (MoU) with the US government in March this year to provide a border control system to the Maldives, representatives from Nexbis told Minivan News that the company was uncertain what the MOU would mean for the group’s own border control technology.  The technology has been in use at Ibrahim Nasir International Airport (INIA) since September 2012.

“We do remain confident that the Maldivian government will honour its obligations under the 2010 concession agreement,” read a statement from lawyers representing the company.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals that continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today.”

Concession agreement

Under the concession agreement signed with the Maldives government, Nexbis levied a fee of US$2 from passengers in exchange for installing, maintaining and upgrading the country’s immigration system.  The company also agreed a fee of US$15 for every work permit card issued under the system.

Nexbis in July 2013 invoiced the Department of Immigration and Emigration for US$2.8 million (MVR 43 million) for the installation and operation of its border control technology in line with the concession agreement – requesting payment be settled within 30 days.

Nexbis’ lawyers argued that the company had expected the fee to be included in the taxes and surcharges applied to airline tickets in and out of the country, according to local media.  However, lawyers argued these payments had not been made due to the government’s “neglect” in notifying the relevant international authorities.

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‘Islands of Maldives’ website launched

The Ministry of Fisheries and Agriculture has launched a website compiling information on the reefs and atoll of the Maldives.

The site – www.islandsodmaldives.gov.mv – has been developed in conjunction with the International Fund for Agricultural Development & the Bay of Bengal Programme (BOBP).

The BOBP describes itself as an organisation designed to  “provide technical and management advisory services for sustainable coastal fisheries development and management in the Bay of Bengal region.”

Deputy Minister of Fisheries and Agriculture Ali Solih told local media that the site would provide complete logistical information for all islands, and would be updated with more information very soon.

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CSC cancels Fahmy’s access to its offices

The Civil Service Commission (CSC) has blocked former chief Mohamed Fahmy Hassan from accessing its offices as the country’s executive, Supreme Court, and parliament remain at an impasse over Fahmy’s membership at the CSC.

However, a source within the commission – who wished to remain anonymous – told Minivan News that Fahmy was continuing to come to the office for a few minutes everyday.

CSC media officer Ali Nizar said the commission had decided to cancel Fahmy’s fingerprint access on September 11 until the dispute over Fahmy’s membership was resolved.

“Therefore he cannot be present at the commission in any official capacity,” Nizar said.

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

On 14 March 2013, the Supreme Court invalidated the parliament’s decision to remove Fahmy from his position, and President Dr Mohamed Waheed reinstated him to the CSC.

The parliament nevertheless proceeded to appoint a new member to the CSC to replace Fahmy on August 13, and appointed CSC member Dr Mohamed Latheef as the new chair of the commission on August 20.

On August 15, however, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office was preparing to give credentials to a new appointee – Fathimath Reenee Abdul Sattar.

The following day Chief Justice Ahmed Faiz Hussain accused his own court of issuing the injunction without his knowledge.

The President of Anti-Corruption Commissions (ACC) Hassan Luthfy told local media on August 19 that the commission would be investigating the Supreme Court for abuse of office due to the presence of Ali Hameed on the bench that issued the injunction.

Hameed had been involved in a case – regarding a leaked sex tape – that was being investigated in the Judicial Services Commission, of which Fahmy was a member by virtue of his place as CSC head.

Meanwhile, new CSC chair appointee Dr Mohamed Latheef has appealed to President Waheed to find a solution, but told Minivan News today he is yet to receive an answer from the president.

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Supreme Court accepts filing of Jumhooree Party’s case requesting annulment of presidential elections

The Supreme Court has given permission to resort tycoon Gasim Ibrahim’s Jumhooree Party (JP) to file a case requesting the court annul the first round of the presidential election, after the JP alleged irregularities in voting after placing third and narrowly missing the run-off.

The JP has also reportedly requested an injunction to delay the second round of voting, currently scheduled for September 28.

An official from the Supreme Court was quoted in local media confirming that the seven-member judges’ bench of the Supreme Court had decided to grant permission for the case to be filed and had informed the petitioners.

The official also told the local media that the court would schedule the hearings as soon as the original lawsuit was filed in the court.

According to the procedures of the Supreme Court, if a party wishes to file a lawsuit, they must first seek the permission of the judges.

The Supreme Court procedures also dictate that, once the permit to file the lawsuit is issued, it must be filed at the court within a period of three working days.

Following a third place finish during the presidential polls, the Gasim announced that he believed he “should have finished the race in first place”, and denounced the results released by the Elections Commission (EC).

The EC, however, has dismissed the allegations, pointing to near unanimous agreement among local and international election observers that the elections were free, fair and credible, and that the minor issues noted would not have had an impact on the final results.

Speaking to Minivan News earlier, JP Policy Secretary Mohamed Ajmal said that the party would attempt to prove via the courts that the first round had been “rigged”.

The JP also filed a similar suit in the High Court earlier this week requesting the court order the EC to hand over the original voting lists placed at the ballot boxes during voting.

During the first hearing of the High Court case held yesterday (September 15), attorneys from the JP produced three documents allegedly showing fraudulently registered voters that included names which had been repeated, lists of deceased people found in the voter list, and a list of voters who had been “unlawfully registered” to houses in Male from the Male’ Municipality Register – a special registry of people belonging to Male but not having their own houses in Male’.

However, the legal team of the EC led by veteran lawyer and former Attorney General Husnu Al Suood, in response to the claims, dismissed the authenticity of the documents submitted by the JP in the court.

During the hearing of the case, in which both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives (PPM) intervened – Suood went on to describe the whole lawsuit as a “fishing expedition”, with the JP hoping to file another lawsuit based on any evidence they collected from the current case.

If the Supreme Court goes on to decide the case in favour of the Jumhoree Party (JP), it would mean fresh elections with all four candidates, Gasim Ibrahim from JP, former President Mohamed Nasheed from opposition MDP and the incumbent President Mohamed Waheed Hassan.

The final results of the first round of the presidential election showed the MDP finishing the race on top with 45.45 percent of the popular vote or 95,224 votes.

The PPM came second with 53,099 votes – 42,125 votes less than the MDP – while the Jumhooree Coalition led by resort tycoon Gasim Ibrahim came third with 50,422 votes and incumbent President Mohamed Waheed Hassan finishing the race at the bottom with just 10,750 votes – 5.13 percent.

With the results showing no candidate being able to secure the required ’50 percent plus one vote’ to secure a first round election victory, means the winner is to be decided through a run-off election contested by the two top candidates in the first round of elections.

However, if the Supreme Court decides to invalidate the elections, it would mean cancellation of the run-off election scheduled for September 28.

It could also mean that the nation might head into a constitutional void, should the electoral process be dragged past November 11 – the date on which incumbent President Waheed’s term expires.

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Police confirm no documents affecting election outcome found in EC’s trash

Chair of the Elections Commission (EC) Fuwad Thowfeek has rejected allegations from the Jumhooree Party that it had disposed of official documents relating to the presidential election, after police last night acted on the JP’s claim and barricaded the commission.

The JP came third in the September 7 election with 24 percent of the vote, narrowly missing out on a place in the run-off election.

Police barricaded the entrance to the EC secretariat in the early hours on Monday morning, after the JP alleged the commission was attempting to destroy documents “that would unveil discrepancies in the last elections”.

When Minivan News journalists arrived at the premises, police had barricaded the road which led to the EC’s office, and put up police lines around a couple of black plastic bags that had been intended to be thrown out as garbage.

EC officials – including the commission’s Secretary General Asim Abdul Sattar – were standing outside. Police officers in both uniform and civilian dress were standing outside the premises.

An official of the commission who was inside the building confirmed to Minivan News the police had not entered the building.

When asked about the trash bags left outside the premises, the official said nothing important was inside.

“Like every office, we too have papers that need to be thrown away. Those bags had just shredded waste paper. I don’t understand why people are making such a big fuss out of it,” the official told Minivan News.

At about 10:45am, a police truck came to the premises and took away the garbage.

A police media official confirmed to Minivan News that the trash bags were currently under police guard, and said they were now “processing” the bags.

“The case was reported to police by the Jumhooree Party (JP) and the police were present at the premises from the time the matter was reported,” the official confirmed.

In a subsequent press statement, police confirmed no documents that would affect election results were found among those disposed of by the elections commission.

Meanwhile Ibrahim Khaleel, Spokesperson for JP’s Presidential Candidate and resort tycoon Gasim Ibrahim, told Villa Television (VTV) – a station owned by Gasim – said the party had reported the matter to police around 3:00am in the morning.

Speaking to local newspaper Haveeru regarding the matter, EC President Fuwad Thowfeek said the commission used draft documents for administrative purposes, noting that such documents were unofficial documents that had no legal effect.

Thowfeek said the papers spotted in the trash bags were such draft documents and that this was not “something new”. Some of those papers, he said, would include empty envelopes.

“It is our legal duty to protect official documents relating to the elections. Those that people are claiming to have seen are just draft documents. Those were not used for any election purpose. We are very certain about that. We regularly throw away used papers and rough documents,” Thowfeek told Haveeru.

Thowfeek said he had learned that the trash bag may have included a slip issued after voter re-registration, and said this may have been thrown away.

The EC Chair also said the commission had given permission to police to check the contents of the trash bags in the presence of EC officials.

“We have informed the police that they can check the trash bags to assure themselves as to whether they contain any official documents relating to the election. We are looking after the documents regarding the presidential elections round the clock. We have not thrown away any official documents and the allegations levied against us are outright lies,” Thowfeek explained.

Thowfeek went onto claim that such allegations levied against the commission at such a critical time were made with the intent to undermine  public trust and confidence in the institution. Such baseless allegations would not deter the commission members from executing their legal duties, Thowfeek added.

“We assure you that we have not done and will not do anything to manipulate the outcome of any election. We will fully protect all documents relating to the elections and the voting process,” Thowfeek claimed.

The conduct of the election has been broadly praised by local and international election observers from Transparency Maldives, India and the Commonwealth, as well as observers from other nation states.

Local NGO Transparency Maldives – which ran the most comprehensive observation operation on the day – also announced prior to the release of the provisional results that none of the incidents reported on election day would have a “material impact on the outcome of the election”.

The UK and the EU have both issued statements praising the conduct of Saturday’s presidential election, describing them as “transparent and competitive”.

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