PPM still asking for Chief Judge’s release as violent protests continue

Police and Maldives National Defence Forces (MNDF) last night arrested 19 people during a violent protest outside the Maldives Monetary Authority (MMA) building near Republic Square, in which four police officers received minor injuries.

“The protest became violent when people started throwing bricks and other things,” said police Sub-Inspector Hassan Haneef. “We tried to disperse them, and the protest spread throughout Male’ city.” Haneef said the protests continued until 1:25 am on Monday morning.

‘Sandhaanu’ Ahmed Ibrahim Didi, a council member of minority opposition Dhivehi Quamee Party (DQP), has been released. The other 18 individuals remain in custody.

However, Mulaku MP Abdulla Yameen was summoned to police headquarters this morning for questioning in regards in to an ongoing investigation. Local media reports that Yameen was due to leave for Sri Lanka this evening to meet foreign diplomats.

Police officials estimated that between 300 and 400 individuals associated with political opposition parties participated in last night’s protest, part of a trend which began when several opposition figures were detained for “hate speech” against the government nine days ago. Opposition-led protests demanding freedom of expression escalated when Chief Judge Abdulla Mohamed was arrested by military forces seven days ago, shortly after he declared the arrest of the politicians unlawful.

Sub-Inspector Haneef said the protests were “of a high concern to the Male’ police service”, observing that last night’s protest was part of a developing trend of increasingly violent demonstrations.

Stating that military forces are prepared to assist police upon request, MNDF spokesperson Major Abdul Raheem added that “anytime there is violence it is a big concern of ours. We are always on alert and want to make sure Male’ is safe for residents.”

Meanwhile, the Security Services Committee (241 Committee) questioned MNDF Chief Major General Moosa Ali Jaleel and Police Commissioner Ahmed Faseeh  regarding the detention of the chief judge and the string of protests.

Local media reported that further hearings will be held. However, Minivan was unable to confirm the report with members of the 241 Committee at time of press.

Concerns about the protests were raised at Parliament’s National Security Committee last week by PPM MP Ahmed Mahlouf.

According to Committee Chair and MDP MP Ali Waheed, Mahlouf subsequently withdrew the case “because he didn’t want (MDP MP) ‘Reeko’ Moosa Manik to be involved, and he didn’t like the way the investigation was going.”

“We offered dialogue, because we don’t want to stop work, we want to be democratic. In a committee we should be able to have dialogue and make a solution. But the opposition is trying to disrupt the process and make trouble everywhere in the country so the government can’t focus,” Waheed claimed.

Stating that the protests “are an issue of national security”, Waheed warned that disrupting committee procedures were “a means to an end.”

“Right now there are many ways to terrorise a country. Some use guns and bombs, some use language, and even now the way [former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives] is acting is a type of terrorism – they are trying to stop the whole system”, he said, observing that as the protests carry on with blocked roads and vandalised homes, “Male’s roads should not be used only by PPM.”

PPM MP Mahlouf had not responded to phone calls at time of press. However, party member Abdul Rasheed Nafiz said he understood that Mahlouf’s case was voted down during a committee session when MP Yameen was absent, and did not believe that the National Security Committee had the mandate to address the protests.

Nafiz said the protests were important for public expression however he believed the response was overblown.

“Police and military forces are both involved, which is a concern. Force is not required, when these people are gathering they keep silent until the police decide to disperse the crowd,” he claimed.

Acknowledging that a regulation prohibits demonstrations after midnight and at certain locations – such as Republic Square, located next to the MMA building – Nafiz pointed out that “neither side has obeyed that regulation, and even a small regulation can’t limit the freedoms granted in the Constitution.”

During his time as a Parliament member, Nafiz said, he suggested regulations on public protests “because Male’ is a small place and people are saying things that are hard for families and small children to hear. We have a culture and a religion to respect as well. But at the time the proposal was attacked and now people can hold protests when and where they like.”

Nafiz said he believed restoring peace “depends on the chief judge’s release.”

“Opposition parties are willing to bring an end to the protests through negotiation, but the government should release the judge first,” he said, noting that a group of lawyers had today forwarded the case to the International Criminal Court (ICC), of which the Maldives recently became a member.

“This is really a legal issue, and a mediator is needed. The question is ‘who’. Now is the time for the international community to get involved”, he said.

Yesterday, the Ministry of Foreign Affairs announced that it had requested an international legal delegation from the United Nations’ Human Rights Commission to assist the Maldives.

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MDP vows to pressure Supreme Court if it fails to investigate Abdulla Mohamed

Maldivian Democratic Party (MDP) Vice President and MP Alhan Fahmy met on Sunday with Chief Justice of the Supreme Court, Ahmed Faiz, presenting two cases against Chief Judge of the Criminal Court Abdulla Mohamed and demanding the cases be concluded in 48 hours.

Before going to the meeting Alhan met with the press and said that he will present two cases relating to Abdulla Mohamed: one regarding the Civil Court’s ordering the judicial watchdog – the Judicial Service Commission (JSC) – to delay taking action in a judicial misconduct case against the chief judge, and a second regarding the High Court’s ruling that he did not have to obey police summons on January 16.

The latter ruling led to police requesting the Maldives National Defence Force (MNDF) assist in the arrest of Abdulla Mohamed, and his subsequent detention on the MNDF training facility of Girifushi where he remains.

Alhan told press outside the Supreme Court after meeting with the chief justice that the MDP would put pressure on the Supreme Court if it did not conduct the cases.

He then told a group of MDP supporters waiting for him outside that if the Supreme Court did not conclude the case in 48 hours, the MDP would “raise its voice”.

The whereabouts of Criminal Court Chief Judge Abdulla Mohamed following his arrest were not revealed until January 18. The MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz has joined the High and Supreme Courts in condemning the MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

According to government officials, military assistance was sought for reasons of national security. Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged.

Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

Defence Minister Tholhath Ibrahim Kaleyfan has said police had sent a letter to the armed forces on Monday, January 16, “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

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Chamber of Commerce VP stabbed by two men on motorcycle

A pair of men have stabbed the Vice President of the Maldives National Chamber of Commerce and Industries (MNCCI),  Ismail Asif, near private Radio Station SunFM.

Speaking to Minivan News from ADK Hospital, Asif said the two men came up on a motorbike and stabbed him twice in the back.

‘’They were two very young persons, they just stopped and stabbed me. I was shocked to see there was no fear on their face, they were not covering their faces or anything, I mean it was broad daylight,’’ Asif said. ‘’They did not say anything to me and I have not received any threats or warnings, so I do not what it is about.’’

Asif said the two men must have been following him for a long time, because he said he was not stabbed at a place he goes to regularly.

‘’I came out from a meeting at the Maldives Monetary Authority (MMA) and went to drop this friend and right before I turned to leave they came up and stabbed me,’’ he said, adding that it was a “complete shock”.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News that the incident was reported to police at about 3:25pm.

‘’We have information that Asif was attacked with a sharp object and that he is currently at the hospital,’’ he said, adding that investigation was ongoing and declining to provide further information.

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MBC requests police protection for media personnel and property

The Maldives Broadcasting Commission (MBC) has requested police protection for broadcasting stations, media equipment and journalists following recent attacks during political protests on capital Male’.

MBC has discussed the issue directly with police officials and has submitted an official letter detailing the request, reports local media.

MBC President Badhuruh Naseer condemned the threats and attacks made on media personnel last weekend, citing the rights of journalists as guaranteed under Article 28 of the Constitution in defense.

Maldives National Broadcasting Corporation (MNBC) staff and property were also attacked during the protests.

A press release from the President’s Office today declared the government’s commitment to a free media “absolute and unwavering”.

Last week, Maldives media authorities raised alarms when the Minister of Transport and Communication Adhil Saleem claimed that broadcasting licences of media stations “misleading the public” would be revoked.

Adhil later said he only meant to advise the media on the matter, not to issue a threat.

Rejecting accusations that the “advice” was a threat, President’s Press Secretary Mohamed Zuhair noted that Saleem merely pointed out that certain TV news channels had acted unprofessionally when airing footage of recent protests.

“President Nasheed’s administration never has and never will do anything to undermine the independence, integrity or professionalism of the media,” he said.

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Government requests international legal assistance to clean up judiciary

Following a protest-packed weekend during which politicians were attacked and journalists threatened, the Foreign Ministry has requested a senior international legal delegation from the United Nations Human Rights Commission (OHCHR) to help resolve the current judicial crisis in the Maldives.

“We have been working to improve the judiciary since we came to power, but we have not succeeded. We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” said Foreign Minister Ahmed Naseem.

The request was made following conversations with UN officials last week. According to a press statement, the delegation would be asked to help resolve “the immediate issues surrounding the detention of Justice Abdulla Mohamed, the Chief Judge of the Criminal court, and also the longer-term problems facing the Maldives’ judiciary and the failure of judicial accountability mechanisms under the Constitution.”

Following the detention of minority opposition Dhivehi Quamee Party (DQP) leaders, who had accused the government of behind-the-scenes dealings with Israel and Christian priests, and the arrest of Judge Abdulla Mohamed by military forces after he attempted to block his own police summons in the High Court, opposition party members took the streets last week in protest. DQP meanwhile approached various foreign embassies claiming their freedom of speech was being impinged.

In a statement released on Friday the European Union (EU) Heads of Mission in Colombo expressed concern over the judge’s arrest and “[called] on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

In response the Foreign Ministry cited the government’s efforts to reform the judiciary and oppose the use of hate speech, reiterating its interest in continued relations with the EU.

Stating that “the diplomatic community has received inaccurate information” regarding the political situation in Male’, the Foreign Ministry said it had delivered “accurate information” to foreign missions last week. Officials say those missions had received the news positively, had asked that “racial rhetoric” be stopped, and had not expressed concerns over the judge’s arrest.

Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Naseem said the commission’s shortcoming are “now an issue of national security.”

In its statement the Foreign Ministry contended that “since its establishment the JSC has been unable to fulfill [its] constitutional mandate. For example, during the whole of 2010 the JSC failed to take action on any of the 143 complaints submitted to it. On the one occasion in late 2011 when the JSC did find that a judge (Justice Abdulla Mohamed) had failed to comply with the required standard of conduct and had been acting in a manner amounting to gross misconduct, the Civil Court issues an order (26 November 2011) preventing the proceedings.

“With that order, the Civil Court effectively removed the constitutional powers of the JSC. The JSC was made powerless by the very same people (judges) that it is supposed to oversee.”

In communications with the OHCHR the Foreign Minister said the Civil Court’s action highlighted “a systemic failure of the judicial checks and balances foreseen in the Constitution. This systemic failure led directly to the President’s decision [to arrest the judge].”

Parliament’s Independent Institutions Committee has been tasked with investigating the JSC’s “failings”. According to committee member Independent MP Mohamed Nasheed, hearings and interviews have been concluded and possible reformation of the JSC has been discussed.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he said.

Nasheed added that a provision allows for the appointment of foreign judges during the first 15 years of the new Constitution. Naseem said the requested delegation did not necessarily fall under the provision, but rather was expected to provide guidance according to the local situation.

Specifics of the delegation are unknown as the request was only recently made, however Naseem explained that “the planning and appointment process takes time, as we need individuals qualified to stay here for a long period of time.”

“We hope that with the help of Islamic judges the Maldives judiciary would be improved”, he said.

While representatives from opposition Progressive Party of the Maldives (PPM) could not be reached at time of press, Mulak MP Abdulla Yameen yesterday said the President has no authority to “meddle with” or enforce the nation’s judicial system, local media reported.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ibrahim ‘Mavota’ Shareef today said “DRP will welcome any international participation to solve the situation at the moment.”

Shareef asserted that the Constitution is not in crisis, “only that President Nasheed has violated it. We’re very sure that the international delegation would hold him accountable because there is no way that President Nasheed is justified in what he is doing.”

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JSC is the right authority to investigate Chief Judge: Vice President

Vice President Dr Mohamed Waheed has requested the Judicial Service Commission (JSC) suspend Criminal Court Judge Abdulla Mohamed from the bench while complaints against him remain standing.

“Male’ is in crisis and many are being affected, property is being damaged,” he said during a press conference today at the President’s Office, requesting opposition parties and politicians end their political bickering and “give time” to sort out the judiciary.

Judge Mohamed was arrested on Monday, January 16 by the Maldives National Defence Force (MNDF) following a request by police, and is being held in a military training facility on Girifushi. The Vice President this weekend expressed his discontent with the government’s detention of the judge drawing complaints from public officials.

“[I am] ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President,” Dr Waheed wrote on his blog.

“Besides all the international legal obligations, the government of the Maldives is bound by the Maldives Constitution 1988 which prohibits arbitrary arrest and forced disappearance. We have just witnessed the first possible violation since the dawn of democracy in our country. I cannot understand why this is not an issue for everyone in this country,” he explained.

The European Union has also chosen to “reiterate their support for the process of democratic transition in the Maldives and note the importance of the principles underlying that transition, including respect for the constitution, due process, independence of the judiciary, the rule of law and freedom of expression are central to this process,” read a statement.

The President’s Office maintains that the arrest was made lawfully, and that constitutional reform is not a major concern. “At the moment the Constitution is not in crisis, the President is fulfilling his role as a guardian to uphold the Constitution,” said Press Secretary Mohamed Zuhair.

President Nasheed yesterday urged the JSC to investigate complaints against members of the Judiciary and take due disciplinary actions, including recommendations for dismissal, as obstructions to justice are a threat to national security and public safety.

While Dr Waheed’s position came a surprise to the ruling party, he said he has “had discussions with President [Mohamed] Nasheed and expressed my views. I am very sorry if my comments have disappointed anyone,” he said, but insisted that they were “sincere and impartial”.

Judge Mohamed was last year charged with professional misconduct, and was consequently to be investigated by the JSC. However, the Civil Court ruled against the JSC’s investigation.

Minivan News asked whether this raised concern that the JSC could not be depended on to carry out a fair investigation.

“I believe the JSC is the right authority to investigate this case”, he said, indicating that suspending the judge would prevent a repeat of last year’s events, “because as you can see [keeping him on the bench during questioning] has created more disruption than we all had bargained for.”

Urging cooperative dialogue and noting that “conflict resolution is not a new thing”, Dr Waheed made three recommendations to resolve the current political crisis: release the judge, end the ongoing opposition-led protests in Male’, and require the JSC to fulfill its duties.

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MDP to file cases against Abdulla Mohamed with Chief Judge Supreme Court

The Maldivian Democratic Party (MDP) has said it will file two cases with Chief Justice of the Supreme Court Ahmed Faiz, against Chief Judge of the Criminal Court Abdulla Mohamed.

One case appeals the High Court injunction against the summoning of Abdulla Mohamed by police last week, which led to police requesting the military conduct the arrest of the judge.

MDP MP Alhan Fahmy was reported as saying in Haveeru that the Supreme Court had authority to investigate the issuing of that High Court injunction.

He claimed to have been turned away from meeting the Chief Justice this morning and told to return in the afternoon to file the cases, while lawyers Azima Shakoor and Shaaheen Hameed were granted meetings late at night without prior appointment.

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Maldivians among 161 Muslim clerics evicted from Sri Lanka for illegal preaching

Sri Lanka has ordered a group of 161 foreign Islamic clerics – including a number of Maldivian citizens – to leave the country after they were found preaching Islam illegally.

AFP reported the Controller of Immigration and Emigration of Sri Lanka Chulananda Perera as saying that the clerics belonging to the Tabligh Jamat group, and were ordered to leave following complaints from the Muslim community that the “clerics were not preaching the moderate Islam” practiced normally in the Buddhist dominant country.

Perera also told that the clerics arrived in Sri Lanka on the tourist visas and they had violated Sri Lanka’s immigration laws by preaching Islam.

“We have ordered them to leave the country by January 31. They have violated immigration laws. A tourist visa is to have a holiday or visit friends and family and not to preach Islam,” Perera told AFP.

Foreign clerics are required to submit an application to the Sri Lankan religious affairs authorities to get permission before preaching Islam.

According to Perera, the clerics arrived in Sri Lanka last month in small batches.

The preachers included Pakistani, Bangladeshi, Indian, Maldivian and Arab nationals, although authorities did not specify the number of people belonging to each country.

The Maldives Foreign Ministry did not specify the number of Maldivians ordered to leave, although it confirmed the report.

“The ministry is deeply upset that some Maldivians were among the group of people ordered to leave the country for breaching Sri Lankan law,” the official added, advising Maldivians visiting abroad to respect the rules and regulations of countries they were visiting.

Tablighi community scrutinised

The group to which the clerics belonged to remains “controversial” among the Muslim community and has been criticised even by the some local religious NGOs in the Maldives.

When the Islamic Ministry permitted a group of five Tablighi Jamaat members to preach in the Maldives in 2009, several religious scholars advised the public not to join their gatherings and walked out from the mosques during the Tablighi scholars’ sermons.

Speaking to Minivan News at the time, Sheikh Abdulla Bin Mohamed Ibrahim, the president of religious NGO Jamiyyathu Salaf, said the Tablighi Jamaat “have beliefs and principles which conflict with the true Islamic creed.”

He added that no prominent scholar had accepted their principles and all had warned against them for their “misconceptions”.

Further, Sheikh Aboobakuru said a number of Islamic clerics, including the former Grand Mufti of Saudi Arabia Sheikh Abd al-Aziz ibn Abd Allah ibn Baaz, had urged Muslims to stay away from the group.

But, Sheikh Mohamed Shaheem Ali Saeed, State Minister for Islamic Affairs at the time, defended the ministry’s decision to issue preaching permits to the group saying “they are not extremists and they are preaching according to guidelines given by the ministry”.

Speaking to Minivannews on Sunday, Ibrahim Fauzee, President of the Islamic Foundation of the Maldives (IFM) also said that it is “concerning to hear” that Maldivians are participating in the Tablighi group.

“I do not know about the Maldivians being deported from Sri Lanka. But we have  heard that some Maldivians are involved in Tablighi group. This is very concerning and needs to be investigated,” Fauzee said.

He also added that the Tabligh group widely promotes Sufi beliefs, as opposed to the Sunni Islam practices in Maldives.

The Tablighi Jamaat, (‘society for spreading faith’) is described on Wikipedia as a religious movement founded by a Muslim named Maulana Muhammed Ilyas India in 1926, in response to degradation in practice of Islamic principles and values among the common Muslim folk and efforts by organisations to convert poorer sections of Muslims to Hinduism.

The movement primarily aims at Tablighi spiritual reformation by working at the grass roots level, reaching out to Muslims across all social and economic spectra to bring them closer to Islam, according to the site.

The movement gradually expanded from local to national, and turned to a translational movement and now has followers in over 150 countries.

Due to the orthodox nature of Tablighi Jamaat, they have been criticised for being retrogressive, according to the entry: “The women in the movement observe full hijab for which the Tablighi Jamaat is accused of keeping women strictly subservient”.

The group is also widely criticised for their “neutral political stance” and accused of being a “recruiting ground by al-Qaeda” – allegations which the movement has denied repeatedly.

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SAARC Secretary General’s resignation first in regional body’s history

The SAARC Secretariat has said it has yet to formally receive the resignation of Secretary General Dhiyana Saeed, both the youngest individual and first woman to be appointed to the position.

The Secretariat is headquartered in Nepal. In the country’s Himalayan newspaper, Secretariat Spokesperson Niranjan Man Singh Basnyat noted Saeed’s resignation was the first untimely resignation by a Secretary General in SAARC’s 26-year history.

“It will be clear only after the office opens on Monday,” Basnyat told the Nepalese newspaper.

Saeed has confirmed her resignation following her appearance on private broadcaster VTV, owned by opposition-aligned Jumhoree Party (JP) MP Gasim Ibrahim, during which she accused the government of ignoring the law in its detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

If the government contended that Abdulla Mohamed had violated the constitution, “he has to be dealt with within the confines of the law,” Saeed insisted. “The government should not take the law into its own hands.”

Press Secretary for the President Mohamed Zuhair told Minivan News last week that Saeed’s public statements “clearly contravened the SAARC Charter” which “forbids interference in the matters of any state, including the state she represents”.

Resigning before making her public statement against the government would have been the “honourable” approach, Zuhair said. “Now, even should she resign, [her behavior] is still dishonourable and indecent.”

Secretary Generals of the regional body are appointed for three year terms. The Maldives is required to appoint a replacement for Saeed to serve out the rest of her term, which expires on February 28, 2014. The nomination must be endorsed the SAARC Council of Ministers, currently headed by Foreign Minister of the Maldives, Ahmed Naseem.

The ongoing detention of Abdulla Mohamed has caused divisions even among senior members of the government. Vice President Mohamed Waheed Hassan said over the weekend that he was “ ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President.”

For its part, the government contends that its detention of the Judge is justifiable under the President’s obligation to protect the letter and spirit of the constitution, given the failure of the Judicial Services Commission (JSC) to pursue the many allegations of corruption and political favouritism pending against the judge.

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