Category: Politics

CNI report “based on false premise that Abdulla Mohamed is a constitutionally appointed judge”: Velezinee

The Commission of National Inquiry (CNI)’s report into the circumstances surrounding the controversial transfer of power on February 7 mistakenly presumes that the Maldives has an independent and constitutionally-appointed judiciary, former President’s Member of the Judicial Services Commission (JSC), Aishath Velezinee, has stated.

The report, focused on the events of February 6 to 8, claimed there was no evidence to support allegations by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military. It dwells heavily on “unlawful orders” given by Nasheed as justification for police disobedience and protests, in particular his ordering the detention of Chief Criminal Court Judge Abdulla Mohamed by the military.

“The report, by its failure to probe the events leading up to the removal of Abdulla Mohamed and the January 2012 protests, fails to recognise the systematic breach of the Constitution by the JSC and Majlis that forced President Nasheed to use the powers of Head of State to address the issue of Abdulla Mohamed,” said Velezinee, in a detailing statement responding to the report.

“The inquiry is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this,” she stated.

Velezinee noted that Article 285 of the constitution – concerning the appointment and qualification of judges on conclusion of the interim period – was discarded by the JSC in 2010 as “symbolic”, “the CNI report indirectly legitimises a judiciary where at least 196 judges sworn in by the JSC/Interim Supreme Court between 4 August and 7 August 2012 are a nullity, having been appointed without due procedure, and without fulfilling the qualifications and qualities required of a Judge under the Constitution.”

She noted that many of the “prominent lawyers” and politicians who protested the arrest of Abdulla Mohamed’s removal “were MPs with criminal cases before Abdulla Mohamed and their lawyers.”

Furthermore, “the report does not mention that many of the ‘prominent lawyers’ who protested at the removal of Abdulla Mohamed now sit in office.”

“Suspicion is further raised when it is observed that the MPs who led the January 2012 [protests] were the same MPs who had obstructed attempts to get a parliamentary inquiry [into the JSC] by disrupting Committee [hearings], and included the current Chair of the Majlis Committee,”

The report further failed to note recent observations by the UN Human Rights Committee in July 2012 substantiating the JSC’s nullification of Article 285, she noted.

In its concluding observations, the UNHRC noted “concerned at the fact that the composition and the functioning of the JSC seriously compromises the realisation of measures to ensure the independence of the judiciary as well as its impartiality and integrity.”

The Committee is also concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the State party (art. 2 (3), 14).

“The State party should take effective measures to reform the composition and the functioning of the Judicial Service Commission (JSC). It should also guarantee its independence and facilitate the impartiality and integrity of the Judiciary, so as to effectively protect human rights through the judicial process.

The CNI report itself recognised the poor standard of the judiciary, Velezinee observed, citing from it:

Perhaps the most fundamental requirement for a vibrant democracy is the rule of law which appears weak in the Maldives. Notably, the Commission was confronted regularly by allegations of the breach of the rule of law and clear absence of confidence in the institutions which are entrusted with upholding it.

Indeed, this appeared central to the frustrations of government under President Nasheed and his own lack of recourse to the judiciary to redress grievances and settle disputes. He did not appear alone.

Despite this, Velezinee noted that the report failed to recognise “that judicial reform is a fundamental Constitutional requirement under Article 285, or comprehend the centrality of Article 285 to the establishment of de facto independence of the judiciary in a state where de jure Independence of the judiciary was first introduced with the ratification of the Constitution in 2008.”

Instead, Velezinee stated, the report “explicitly politicises judicial reform as the political agenda of President Mohamed Nasheed and the Maldives Democratic Party (MDP); and fails to note that the political pledge in the MDP’s manifesto echoes Article 285 of the Constitution and its’ obligation upon the state of Maldives.”

By concluding that Judge Abdulla was just the “focus of their antipathy and antagonism”, the report “disregards major events that led to the events of January 2012, including but not limited to:

  • Events of 2010 around Constitution Article 285 and re-appointment of Judges
  • JSC’s unconstitutional nullification of Article 285 declaring it a “Symbolic Article” and re-appointing the sitting bench without due check
  • Failure of the Majlis to hold an inquiry into the JSC’s alleged Constitution breach and loss of an independent judiciary despite a commitment to hold an inquiry given by the Independent Bodies Oversight Committee on 2 August 2010
  • The fact that amongst those MPs and other political figures leading the January protests calling to “Free Judge Abdulla”, and seen celebrating President Nasheed’s “resignation” on 7 February 2012, were those same MPs who had obstructed all attempts to probe the said issues in Majlis Committees
  • The fact that these MPs, instead of upholding their duty and establishing the truth of the matter by holding an Open Inquiry allowing me to present evidence, politicised the issue and resorted to publicly attack myself, engaging in defamation and character-assassination whilst denying an inquiry. Action that gives good reason to believe in a cover-up, and a wider conspiracy against Constitutional Democratic Government that link events of 2010 (and beyond) to the events of 7 February 2012.
  • The fact that the matter of Abdulla Mohamed being a threat to national security was known to the Judicial Service Commission, the Maldives Police Services, the Maldives National Defence Forces and the Parliament in addition to the President; and that the system had failed to hold Abdulla Mohamed accountable, or the JSC accountable. Instead the JSC and Majlis were covering up for each other.”

The CNI report, Velezinee stated, “fails to consider how the collapse of Rule of Law could possibly have been engineered by those in positions of power, despite evidence of JSC’s Constitution breaches and Majlis cover-up provided to the CNI by myself.”

“The case of Abdulla Mohamed takes a completely different turn if it is established that Abdulla Mohamed is a political plant of President Maumoon Abdul Gayoom, and is unconstitutionally retained by political influence, and placed as Chief Judge of Criminal Court by law, with the Majlis encroaching upon Constitutional powers given to the Judicial Service Commission alone,” Velezinee concluded. “Were it so, it is incumbent upon the Head of State to exercise his powers to prevent abuse of the Criminal Court by a political plant.”

“I am deeply concerned that the CNI report legitimises a dangerous precedent to permit de facto lowering of international standards despite the assurance of the highest standards of democracy as practiced in an open democratic society throughout the Constitution.”

CMAG to meet

The Commonwealth Ministerial Action Group (CMAG) is due to meet and a consider the report in the next week.

The Australian Minister for Foreign Affairs, Senator Bob Carr, on Tuesday issued a statement acknowledging its release.

Senator Carr will chair next week’s meeting of the CMAG which suspended the Maldives from the organisation’s human rights and democracy arm and placed the Maldives on its formal agenda after the events of February.

“Australia urges all party leaders to take part in discussions which pave the way to free and fair elections and strengthen Maldives’ democratic institutions,” Senator Carr said.

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“Too little, too late”: President’s Office dismisses chances of MDP coalition

President Dr Mohamed Waheed Hassan has decided not to include the Maldivian Democratic Party (MDP) in his national unity government, his advisor Ahmed ‘Topi’ Thaufeeg has told local media.

“It is too little, too late”, said President’s Office Spokesman Masood Imad, adding, “[the MDP] remain a viable opposition.”

Immediately after his accession to the presidency, Waheed announced that he would leave some cabinet posts vacant for the MDP.

However, feeling President Waheed to have taken power illegally, the MDP refused these overtures.

After the Commission of National Inquiry (CNI) concluded that the transfer of power on February 7 did not amount to a coup, MDP Chairman ‘Reeko’ Moosa Manik attended the newly-coined ‘Leader’s Dialogue’ meeting on Sunday.

Whilst local media had reported that Moosa requested a place for the MDP in the current government, Moosa himself told Minivan News yesterday that he had only asked for clarification on the MDPs position – whether it should be considered the ruling, or the opposition party.

Responding to this argument, Masood today said: “The point here is that the MDP fails to understand is that this is not a parliamentary system, it is a presidential system.”

This constitutional problem was also included in the observations of the CNI’s international observers.

“There are tensions within the Constitution itself with a Presidential system engrafted onto a Parliamentary system which will always be problematic,” commented Sir Bruce Robertson and Professor John Packer.

MDP Spokesman Hamid Abdul Ghafoor, who described some of the observers comments as “mocking a young democracy”,  today said the party’s National Executive Committee (NEC) will discuss requesting a Supreme Court ruling on its role in the government.

“We don’t know who we are in government,” said Ghafoor.

“This is a sticky problem. The CNI’s assumptions are that the government has not changed, so it is the President’s prerogative to deliver on the MDP manifesto,” he continued.

President Waheed and his Gaumee Ittihad Party (GIP) joined the former coalition government, which included the MDP, the Jumhooree Party (JP) and the Adhaalath Party, to win the 2008 elections.

The coalition, however, began to break up after only 21 days when the JP withdrew. The Adhaalath Party was the last part to withdraw from the coalition in September 2011.

Local media today reported the Adhaalath party as having publicly lauded Waheed’s decision.

Sun Online reported Deputy Leader of Dhivehi Rayyithunge Party (DRP) Ibrahim Shareef as saying that the MDP ought to be allowed into the government if it adapts its policies.

Ghafoor interpreted these comments as evidence that certain leaders are “jittery”: “They want to straighten this out”.

The issue of a constitution comprising elements of both presidential and parliamentary systems was discussed by Waheed his official visit to India in May.

“You know our constitution is pretty much a cut-and-paste constitution. We have elements of parliamentary system as well as presidential system,” Waheed told the diplomatic community in New Delhi.

“The presidency is very much fashioned after presidency in the United States, and the parliament functions as a parliamentary system like in the UK. So there are issues that have to be resolved around that,” he continued.

Ghafoor also drew comparisons with the US system, arguing that after the 1974 resignation of President Richard Nixon, his Vice-President and successor Gerald Ford did not reshuffle the executive.

Referring to the MDP’s purported requests to join the current government, Masood said, “If they are allowed to join the current government now – where is democracy?”

“We are one year away from elections where we can let the Maldivian people decide,” he added.

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Supreme Court precedent in Nexbis case makes ACC meaningless: ACC President

The Supreme Court of the Maldives last Sunday invalidated the a High Court injunction blocking the implementation of a border control system (BCS) in Ibrahim Nasir International Airport by Malaysia-based security solutions firm Nexbis.

The seven member bench of the Supreme Court invalidated the injunction, stating that “the subject of the injunction was not a subject where an injunction can be issued and thereby the bench of the Supreme Court unanimously rule that High Court order is invalid”.

The decisive ruling ends a long-running legal battle involving Department of Immigration, the Anti-Corruption Commission (ACC) and Nexbis. The ACC had alleged there was corruption in the bidding process.

Following the decision, Controller of Immigration Dr Mohamed Ali stated to local media that the system would soon be fully installed.

“A team of Nexbis staff will be coming over by the end of this week. A large portion of the system has already been installed. I hope we would be able to begin using the system very soon,” the controller said.

He reiterated that the immigration department currently uses a very basic application which has many issues and would also expire by the end of the year.

The new system he said would alleviate the existing problem of long queues and other issues, as well as increase the efficiency of the process.

He further said that when they when the system is implemented and begins functioning, biometrics from all departures and arrivals will be recorded. Afterward, “no one will dare to enter the Maldives illegally.”

“No one can stop the project,” he concluded.

State of limbo

Meanwhile, ACC President Hassan Luthfee has expressed concern and frustration over the Supreme Court decision stating that it has put the commission in a state of limbo deprived it of purpose.

“If this institution is simply an investigative body, then there is no purpose for our presence,” he said. “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,” Luthfee said.

Referring to the ruling, Luthfee said that the ruling meant that the ACC had no power 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 said.

Officials investigated were invoking their right to remain silent, Luthfee said, and refusing to take any responsibility.

“When an official chooses to remain silent, what is the purpose of sending such a case to the Prosecutor General? Who will take the responsibility for the damages caused by such actions?” Luthfee questioned.

He added that even if a local island council or a school engages in a activity that involves in corruption, the Supreme Court precedent meant there was nothing that the ACC could do.

“This is just a simple example. To be frank this is the size of the ACC. The Supreme Court should be a court that should assist the independent institutions formed within the constitutional framework of this country,” he added.

Nexbis and ACC at loggerheads

The border control system at Ibrahim Nasir International Airport has been subjected to several allegations of corruption linked to former Controller of Immigration Ilyas Hussain – brother in law of current President Mohamed Waheed Hassan.

Following the presidential elections of 2008, then President Mohamed Nasheed gave Ilyas Hussain the position of Controller of Immigration as a part of coalition agreement with Waheed’s party, at the time Nasheed’s Vice President

However, when the Nexbis case came to light, former President Nasheed removed Ilyas Hussain from the position and put him as the head of the Disaster Management Centre, replacing him with Abdulla Shahid.

Shahid was a vocal opponent of the Nexbis system, alleging that the terms agreed with the company would deprive the Immigration department of significant revenue for comparatively little return.

The former controller at the time expressed concern over both the cost and necessity of the project, calculating that as tourist arrivals continued to grow Nexbis would earn US$200 million in revenue over the project’s 20-year lifespan.

Comparing Nexbis’ earnings to the government’s estimated revenue from the deal of US$10 million, Shahid suggested the government instead maximise its income by operating a system given by a donor country.

“Border control is not something we are unable to comprehend – it is a normal thing all over the world,” Shahid told Minivan News at the time. “There is no stated cost of the equipment Nexbis is installing – we don’t know how much it is costing to install, only how much we have to pay. We need to get everything out in the open.”

Following the controversial transfer of power on February 7, President Waheed returned Ilyas Ibrahim to his former position as the controller of Immigration.

However as the corruption investigation progressed, President Waheed removed Ilyas Hussain from Immigration and installed him as Minister of State for Defence and National Security, Chief of Staff of the President’s Office Dr Mohamed Ali replaced him as Controller of Immigration.

Nexbis and ACC came to loggerheads the day after signing ceremony between Immigration Controller Ilyas Hussein Ibrahim and Nexbis CEO Johan Yong. The ACC opposed and sought and injunction after stating it had received “a serious complaint” regarding the “technical details” of the bid.

In November 2010, nearly a month after the signing of the agreement, shares of Nexbis dropped 6.3 percent on the back of rumours that the project had been suspended.

The speculations lead to Nexbis announcing that it would seek legal redress against parties in the Maldives, claiming that speculation over corruption was “politically motivated” in nature and had “wrought irreparable damage to Nexbis’ reputation and brand name.”

In August 2011 the Malaysian based mobile security system vendor on the local media threatened to take legal action over the stalled border agreement with the government.

In a letter to then Immigration Controller Abdulla Shahid on August 19, Nexbis complained that it had not received a reply from the Immigration Department to its inquiries after the cabinet decided to proceed with the project.

Nexbis stated in its letter that the company had spent “millions of dollars” to purchase equipment and had even paid import duties to the government, noting that the continuing delays were resulting in financial losses.

ACC filed a court case against the Rf500 million (US$39 million) Nexbis system in November 2011, two days after cabinet decided to resume the project.

The ACC in December also forwarded corruption cases against former Immigraiton Controller Ilyas Hussain Ibrahim and Director General of Finance Ministry, Saamee Ageel to the Prosecutor General’s Office (PG), claiming the pair had abused their authority for undue financial gain in awarding the Nexbis project.

On January 2012, the Civil Court ruled that ACC did not have the legal authority to order the Department of Immigration and Emigration to terminate the border control system contracted to Nexbis in November 2010.

Judge Ali Rasheed ruled that the ACC Act clearly allowed the commission to investigate corruption cases, but did not give ACC legal authority to issue an order which can annul a formal agreement signed between one or more parties.

He asserted that it was “unfair” to the contractors if ACC could annul an agreement without the contractors’ say, adding that such a decision violated the protection granted to the contractors under the Maldives Law of Contract.

Nexbis on February 2012, a week after the controversial transfer of power, filed a lawsuit at the Civil Court seeking Rf 669 million (US$43 million) in damages from former Immigration Controller Abdulla Shahid.

According to the lawsuit, Nexbis alleged Shahid refused to proceed with the project despite court approval and spread false information regarding the agreement to the media, tarnishing Nexbis’ global reputation.

Meanwhile, the Immigration department decided to proceed with the stalled border control system.

On April 2012, the ACC appealed the Civil Court’s ruling in the High Court.

The High Court favoured the ACC and issued an injunction, temporarily halting the roll out of the border control system pending the outcome of the ACC’s appeal against a Civil Court ruling that the ACC did not have the authority to halt the project.

Nexbis then filed an appeal at the Supreme Court against the High Court injunction.

The firm had earlier in May stated that despite the legal complications surrounding the deal, the border control project had completed its first phase, with Rf 10 million’s (US$650,000) worth of installation work having been finished.

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Surf legend Damien Hardman wins Four Seasons Maldives Surfing Champions Trophy

The 2012 Four Seasons Maldives Surfing Champions Trophy concluded on Sunday with the top prize going to two-time world champion Damien Hardman.

The 46 year-old Australian narrowly defeated three-time world champion, US contender Tom Curren, to win the grand prize of US$10,000 – on top of his US$6000 winnings for both the Single and Twin-Fin divisions.

“I can’t remember the last time I won sixteen grand,” Hardman said, following his win, the trophy for which was presented by Defence Minister Mohamed Nazim.

“The standard of surfing was great, we’re all in our mid to late 40s but it doesn’t matter how old you are if you put the work in to maintain your fitness and ability.”

Accepting the trophy for the runner-up, Curren used the opportunity to highlight the imminent privatisation of the Thanburudhoo surf breaks – including the competition break Sultans – by the Maldives National Defence Force (MNDF).

“The break at Sultans is under threat of privatisation. There should be a consensus about that – local surfers need to be respected and the discussion needs to continue,” Curren said.

Under the proposal, Singaporean investment firm Telos would receive a 50 year lease on the military training island to develop a “boutique surf resort”, in exchange for US$5 million to develop an MNDF training facility on nearby Girifishi. Local surfers would be permitted to surf the breaks twice a month.

Maldivian surfer Hassan ‘Ibu’ Areef, who won the Four Seasons local title and a prize of MVR 25,000 (US$1621), told Minivan News that Sultans was one of the most accessible and consistent waves for local surfers, and one of the few left in Male’ Atoll that had not been privatised by upmarket resorts.

“There are limited places for local surfers to go,” he said. “If the breaks are privatised, we will have nowhere to go and practice, and private surfing businesses and safaris will also be affected. It is really sad.”

“This is not all about money; it is about enjoyment as well. These people to not really understand surfing culture. They only see a business opportunity,” Ibu said.

The privatisation of the competition-standard break would deny local surfers a home ground advantage during big competitions, he pointed out, “because we will not have been able to practice there.”

Other local surfers have also slammed the idea. In a document circulated on social media,‘Surfers’ Report on Thanburudhoo’, they argue that the island has two of the atoll’s four accessible waves (Sultans and Honkeys).

“If Thanburudhoo is a resort the only two accessible waves in the atoll are in Himmafushi (Jails) and Thulusdhoo (Cokes) – the number of accessible waves in the atoll is halved from four to two,” the document states.

Most of the waves in the atoll are claimed by their respective resorts, including Tombstones (Full Moon resort), Ninjas (Club Med Kani), Lhohis (Hudhuranfushi) and Chickens (Kuda Villingili).

Sparked by the tournament’s international media attention, the situation has begun receiving attention from surf publications around the world.

“It’s becoming increasingly clear that privatisation not only infringes on local surfers’ rights to freely access the reefs and islands they’ve inhabited and lived off for centuries,” reported South African surf news website Zig Zag.

“It also ensures any visiting surfers who can’t afford to pay the prices of these ’boutique’ resorts will instead be forced to sit shoulder-to-shoulder waiting for a set at the last two quality spots in North Malé. The knock-on effect could even lead to surf tour operations going out of business – why go on a surf trip when you’re not allowed to surf half the waves? The end result would mean locals not only lose out on waves, but for those employed by, or operating their own surf tour business, their very livelihood could be threatened,” the site reported.

Local surfers present at the Four Seasons’ event seized the opportunity to confront the Defence Minister about the proposed privatisation, following the presentations. Nazim reportedly promised further discussions.

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Dissenting opinion in unity government coalition over MDP role in government

Speaking to Minivan News today, Chairperson of Maldives Democratic Party (MDP) Moosa Manik said that at Leaders’ Dialogue meeting held Sunday he had requested for two points to be added to the discussion agenda.

“According to the CNI report, this is a continuation of the government elected in 2008. Since it was MDP that was elected in 2008, we must be in government even now,” said Moosa.

“So I requested that we add to the agenda discussions over the participation of the MDP in the government elected in 2008. On these same grounds, I also requested we add to the agenda discussions to clarify whether MDP represents the ruling party, or the opposition in parliament.”

While Moosa Manik stated that the requests made were only to add discussions on the topic to the agenda, local media has reported that the party has proposed the MDP itself be included in the government. The news caused an eruption of differing views among the former opposition parties.

In a press briefing held after Sunday’s meeting, the President’s Advisor on Political Affairs, Ahmed Thaufeeq, said that he welcomed the MDP’s proposition. Thaufeeq said he felt it was a wise step to take in strengthening the unity government. He did, however, say that the matter had to be discussed among the parties currently in the coalition before coming to a decision.

Meanwhile, President’s Office Media Secretary Masood Imad told Minivan News today that there was no way all political parties could be part of a government in a modern democracy.

“If the MDP is allowed to join the government, then who will be the opposition? We need a viable opposition for the government to function. MDP is continuing to create havoc through protests and calling the government traitors. The best option for them is to continue staying as a viable and legal opposition,” Masood said.

He said it was so far unclear whether MDP wanted to show support to the government by ending the ongoing protests while staying on as opposition, or if they wanted seats in the cabinet.

Secretary General of Dhivehi Qaumee Party (DQP), Abdulla Ameen, told Minivan News that he was completely against the proposition. Alleging that MDP had failed to live up to its promises of 2008, Ameen said, “Dr Waheed very sincerely invited them to join the government previously, but they themselves rejected it. The MDP are still calling us ‘baaghi’ (traitor), so why should we let them into the government? Also, this proposition may have come from ‘Reeko’ Moosa Manik, and not necessarily from the party itself.”

Although Ameen stated that the party had not agreed on an official position on the issue yet, Vice President of DQP and current Minister of Home Affairs, Dr Mohamed Jameel, also told local media that he felt there was no justification to allow MDP into the government coalition.

On the other hand, Deputy Leader of the Jumhoree Party (JP) and Parliament Member for Kashidhoo Constituency, Abdulla Jabir, is of the opinion that MDP’s initiative would translate into a means of maintaining peace in a country as small as the Maldives.

“I would personally welcome the initiative, and the members of MDP, into the government. However, the JP hasn’t yet discussed the issue within the party,” he said.

Contrary to Jabir’s views, JP Leader Gasim Ibrahim and President Dr Ibrahim Didi – himself formerly President of the MDP – oppose the suggestion of MDP’s involvement in the government.

According to Sun Online, Dr Didi doubted the sincerity of the MDP’s proposition and stated that it is important to further look into the matter to see if it involves any “treacherous plans” of former President and MDP Presidential Candidate, Mohamed Nasheed. Gasim alleged that Nasheed had caused “immense loss to the country”, and that this had to be kept in mind when reviewing MDP’s request.

People’s Alliance MP Moosa Zameer told Minivan News that the party had no reservations about letting MDP into the current government coalition. He went on to say: “If Dr Waheed feels it is best to let MDP in, then we have no issues. However, we hope he will consider the fact that the bigger the government gets, the more complications will arise. There will be another election in 2013. Waheed very strongly wants a free and fair election. I feel that it can only go in a transparent manner which is to the satisfaction of all parties only if MDP too has a stake in the government.”

DRP MP Dr Abdulla Mausoom told Minivan News that the party felt discussions in the Leaders’ Dialogue should only be shared with media by its coordinators. Regarding former President Nasheed’s statement that PPM and DRP should not be part of the current government, Mausoom said “We do not think it is worth responding to statements by people who hold no official position in MDP. Former President Nasheed holds no post in MDP’s leadership and cannot speak in its behalf. We will respond only if MDP releases a former statement regarding the matter.”

PPM Parliamentary Group Leader Abdulla Yameen has been quoted in local media as saying that letting MDP join the government is not a problem ‘in principle’, but that the general members of his party are strongly against the idea.

MDP Chairperson ‘Reeko’ Moosa Manik clarified to Minivan News today that MDP had so far only accepted the CNI report along with the reservations put forward by former President Mohamed Nasheed’s nominee, Ahmed Saeed ‘Gahaa’. Moosa Manik also echoed former President Nasheed’s statement that if, according to the CNI, this is the 2008 government being continued, then he felt that the DRP and PPM should not at all be in the government coalition.

The Qaumee Party, Adhaalath Party, Jumhoree Party and Gaumee Ihthihaadh were in the 2008 coalition with MDP, while DRP, PPM and PA were in opposition.

MDP meanwhile confirms that it will continue the ongoing protests asking for early elections.

Interim Deputy Leader of PPM, Umar Naseer and Spokesperson and MP Ahmed Mahloof were not responding to calls at time of press.

Minister of Home Affairs and Vice President of Jumhooree Party Dr Mohamed Jameel and DRP Leader Thasmeen Ali were also not responding to calls.

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Reeko Moosa summoned by police for “disrespecting judiciary”

Chairman of the Maldivian Democratic Party (MDP) ‘Reeko’ Moosa Manik has been summoned to appear before the police at 4:00pm Tuesday, in relation to two cases regarding “disrespect of the judiciary”.

Moosa, who was issued with an official note requesting his presence at 1:30pm Monday afternoon, told local media that he was unaware of any cases involving him.

“This is a tactic to intimidate me and the MDP members. I also believe that this an attempt by some of the parties in the coalition government to impede the current Leaders’ Dialogue,” Moosa told Haveeru.

Moosa was not responding to calls at the time of press.

The summons comes the day after Moosa participated in the first round of party talks following the publication of the Commission of National Inquiry (CNI) report, which ruled February’s transfer of power to have been constitutional.

At yesterday’s ‘Leaders Dialogue’, Moosa requested clarification of the MDP’s position in the apparently-legitimised government.

Police Spokesman, Sub-Inspector Hassan Haneef, told Minivan News today that the cases were lodged on March 21 and April 24 this year.

Haneef said that the cases of disrespecting the judiciary related to comments Moosa had made during political rallies.

Reform of the judiciary was one of the primary concerns of the previous MDP government, eventually culminating in the military’s arrest of Chief Justice Abdulla Mohamed in January this year.

This incident lent greater fervour to anti-government demonstrations which peaked on the night of February 6, prompting then-President Mohamed Nasheed’s resignation the next day amid a police and military mutiny.

Home Minister at the time, Hassan Afeef, accused Judge Abdulla of, amongst other things, ordering unlawful investigations, disregarding the rulings of higher courts and releasing dangerous suspects who went on to commit further crimes.

The Judge in court quashed his own summons by police, leading Nasheed’s administration to turn to the military to make the arrest. The CNI report described that arrest of Judge Abdulla as “an unconstitutional and unlawful act.”

Nasheed, former Defence Minister Tholath Ibrahim Kaleyfaan, and three Maldives National Defence Force (MNDF) officers are currently awaiting trial in relation to Judge Abdulla’s arrest.

After the release of the CNI report, Nasheed requested that this trial be expedited and has been reported as being keen to have his day in court.

The CNI also found that acts of brutality had been committed by the police on February 6, 7 and 8 and urged that these instances be investigated.

Moosa himself was left in a critical condition after being brutally beaten by police officers on February 8.

Despite the findings of the report that the police mutiny of February 6 did not amount to a coup, the past week has seen continued discussion of the politicisation of the police force.

“Every citizen would want to shape the Maldives Police Service in a way to make it free from political influence,” Dhivehi Rayyithunge Party Leader Ahmed Thasmeen Ali reportedly said on Saturday.

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Police follow MNDF in forming cooperative society to conduct business activities

The Maldives Police Service (MPS) on Sunday registered its first cooperative society, the Police Corporative Society (POLCO), with the Ministry of Economic Development.

Registrar of Companies Ali Sujaau told local news website Sun Online that the cooperative society had been registered with 15 shareholders. Sujau did not reveal any details of the 15 shareholders.

Speaking to local media, Police Spokesperson Sub-Inspector Hassan Haneef said that the cooperative society was formed in accordance with the police act, and that  it would to carry out business activities that would help boost the police welfare fund.

“The main purpose of [forming POLCO] is to improve the functioning of police, and for that matter, improve the welfare fund of police officers and their families and retired police officers and their families as well. Even now there is a police shop open,” Haneef said.

Commissioner of Police Abdulla Riyaz also tweeted about the formation of the corporative society, stating that it “will support to improve the welfare” of police officers and family members.

Haneef confirmed the formation of the cooperative society to Minivan News.

“We have been doing works to strengthen the police welfare mechanism, and the formation of a police corporative society was a part of the work,” he said.

Haneef further said that the current police shop that is being run will now be operated by the police cooperative society, and that it “would be researching new business ventures”.

The decision follows the Maldives National Defence Force (MNDF)’s similar move, which has begun negotiations to enter the tourism industry with the privatisation of the Thanburudhoo island as a surf resort.

Asked if the police cooperative society would follow the MNDF cooperative society in entering the tourism industry, Haneef did not rule out the possibility.

“For now, I think it is too early to say what type of business that we may be focusing on. We are now discussing on an action plan of how the cooperative society will progress and maybe it is a possibility,” Haneef said.

MNDF Welfare Company

Last month the MNDF registered the joint venture “MNDF Welfare Company” aiming to invest in various businesses, including the tourism industry, in a bid to generate revenue to fund welfare services for the armed forces.

The “MNDF Welfare Company” registered at the Economic Ministry is 10 percent government owned, and 90 percent by SIFCO, MNDF ‘s cooperative society, which provides welfare services for defence force officers and their families,  including subsidised products and loans.

Just a week after the formation of the welfare company, MNDF confirmed plans to develop a tourist resort on the island of Thanburudhoo, currently being used by the military for training and recreational purposes.

Speaking to Minivan News following the decision, Lieutenant Abdullah Ali explained that the MNDF is not going to play any direct role in the development of the resort, and that the island would be leased to a third party.

He claimed that the concept of developing the training island as a tourist resort was approved by the former government in 2010, but that work had stalled “for various reasons”.

Local surfers raised concerns over the decision on social networks, claiming that the Thamburudhoo project involved dredging and reclaiming the surrounding area of the island reef, which would destroy the popular surfing spot.

Banzai Bongo, a well-known local surfer, wrote on Face book: “This is going to affect the natural current flow of the surrounding waves such as Jailbreaks, Honkies, Sultans and Pasta. Moreover, it will destroy dive spots around this area. So the government’s best interest is to annihilate our natural resources which include world class surf sites and dive sites.”

Bongo called for surfers to “save these waves like we all stood against the state and saved the Trestles. Save it for or children, save it for the future.”

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“I am very sceptical of the burden we will have to carry”: PIC chair

Chair of the Police Integrity Commission (PIC) Shahinda Ismail has said she is “very sceptical of the burden” the institution will have to carry following the publication last week of the Commission of National Inquiry’s (CNI) findings.

The comments were made after Minister of Home Affairs Dr Mohamed Jameel Ahmed yesterday said that the PIC would be tasked with investigating breaches of police conduct outlined in the CNI’s findings.

Of primary concern to Shahinda was the CNI’s lack of clarity regarding the cases the PIC was to investigate, as well as loopholes within the Police Act which made it difficult to implement PIC recommendations.

“After the CNI, it’s quite confusing when they have so vaguely blanketed the actions of the police. It would have been clearer to name specific incidents or policemen,” she said

Shahinda has questioned the ability of the PIC to follow through with this mandate after having had almost no contact with, or instruction from, the now-disbanded CNI.

“I was surprised at the dismantling of the CNI. There surely must be further questions from many people,” she said.

“After the Human Rights Commission (HRCM) completed their investigations, they sent a letter to us [to guide our work]. We would like something similar from the CNI,” she said.

Shahinda revealed that, throughout both versions of the CNI, the PIC had only had one meeting and received one letter from the commission.

The meeting involved mainly introductions and talk of future co-operation, whilst the letter from the CNI to the PIC asked only when its investigations into the events of February would be completed, she explained.

Referring to the CNI’s recommendations that the PIC, amongst other institutions, needed to be strengthened, Shahinda responded:

“My question would be – while I don’t claim the PIC is perfect – what information are they working with? Throughout their investigations, they showed no interest. There was no inquiry about specific incidents. To my knowledge, no one was summoned.”

Shahinda explained that the PIC was already investigating a number of incidents relating to February 7 and 8, making the lack of contact doubly confusing.

“They knew we were already investigating specific incidents – that’s what we do,” she said.

Shahinda also outlined what she saw as the weaknesses within the police act that, in certain cases, had allowed the Home Minister the option of ignoring PIC recommendations.

Article 44 of the Police Act states that any parties handed recommendations by the PIC can choose not to act on them if they inform the commission of the decision in writing.

“He is not really bound by the act,” said Shahinda, before alleging that this clause had already resulted in the Home Minister ignoring recommendations forwarded to him.

The PIC chair gave the example of a case involving police officer Ali Ahmed, whom she said had been adjudged unfit to continue to serve by the commission.  Shahinda claimed the case had been forwarded to the Home Minister.

“I know for a fact he is still a policeman and was promoted after this incident” she said.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” added Shahinda.

Dr Jameel was not responding to calls at the time of press.

Former President Mohamed Nasheed has recently expressed his belief that around 300 members of the security services were “undermining the public interest of the entire country”.

Following the findings of the CNI’s report, which concluded that Nasheed was not removed from power in a coup, he called for legal action to be taken against implicated officers.

Nasheed’s representative on the commission Ahmed ‘Gahaa’ Saeed resigned the day before the report was published, citing – amongst other things – withheld evidence and non-examination of crucial witnesses.

The report’s findings have been welcomed by the United States, India, and the United Nations as well as the Commonwealth, although the MDP has said it will lobby for the Commonwealth Ministerial Action Group (CMAG) to reconsider.

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Nasheed sole focus of government’s charges following CNI findings: Home Minister

Home Minister Dr Mohamed Jameel Ahmed has told local media that former President Mohamed Nasheed was the only individual the government would charge following the findings of the Commission of National Inquiry’s (CNI)’s report.

Addressing the February 8 police crackdown on demonstrators, Jameel claimed that the government had not yet been able to organise or appoint a full cabinet on the day.  He added that the police themselves were responsible for their acts at that time and any potential charges they may face over the report’s conclusions.

Dr Jameel said that the Police Integrity Commission (PIC), according to its mandate, will look into issues concerning police conduct.

The fourth key finding of the CNI report called for an investigation of acts of police brutality of February 6, 7 and 8, although this was not revealed by President Dr Mohamed Waheed Hassan during the report’s release on Thursday.

Spokesman for the Maldivian Democratic Party (MDP) Hamid Abdul Ghafoor today responded to Jameel’s comments, saying: “The people who committed these crimes are responsible for implementing the CNI. The CNI has given room for politicians to free themselves.”

Ghafoor said that the report “articulated urgency” with regards to generating confidence in the nation’s key institutions.

He also reiterated the MDP’s call for the immediate implementation of legal proceedings against those implicated in wrong doing.

During a press conference yesterday, Defence Minister Mohamed Nazim stated that he wanted to further highlight Nasheed’s “lies”.  He added that contrary to Nasheed’s claims the day before, the CNI report made no mention of any illegal actions or involvement in an alleged “coup d’etat” by the Maldives National Defence Force (MNDF).

Former President Nasheed recently suggested that a core of 300 police and military officers were “undermining the public interest of the entire country”.

Ghaoor said today that as long as these people remained in their positions, “the country will be run by a military dictatorship”, before appealing to CMAG to review the findings of the report.

“I do not believe they will leave the country at the mercy of armed forces,” said Ghafoor following the Commonwealth’s encouragement of all sides to respect the report’s findings.

Jameel yesterday indicated his belief that the CNI report relieved the current government of any further obligations to negotiate with Nasheed, regardless of any external pressure.

“No international power can coerce this government into discussions with Nasheed again. This chapter closes here,” Dr Jameel said.

Both Jameel and Attorney General (AG) Azima Shukoor went on to advise the country’s youth against backing Nasheed, calling him a “habitual liar”.

“Do you realise what sort of a man you are following? He is a habitual liar, do you understand? And what exactly do you achieve by staying behind him? You just have to keep facing police and military action, be answerable to PG and courts, and end up in jail, leaving your young wives and children behind. Is this the future you want?” Dr Jameel said.

Statements from the United States, India, the United Nations and the Commonwealth all urged continuing dialogue amongst political actors.

Nazim said that, just as he had stated prior to the release of the report, the government would not be taking any action against any MNDF officers with regard to the CNI report.

Nazim did confirm that he would be taking legal action against all persons who referred to any MNDF soldier or to himself as ‘baaghee’ (a Dhivehi word meaning: a traitor who had brought about or participated in a coup).

The executive summary of the CNI report stated that urgent reforms were needed to the “basic institutions of democratic governance” and that justice “needs to be seen to be done in order to reassure the public and inspire their confidence.”

Nazim instead focused on the report’s ruling that there had been no coup in the Maldives, and hence no one had a right to label as traitors either the soldiers or any member of the executive, including himself, who, despite having been relieved of his duties officially, had acted as a commander of the MNDF Forces on February 7 in a personal capacity.

“Because I was there in a personal capacity, President Nasheed has often named me as a man who has administered a coup. But I would like to point out that my name does not come up in the CNI report at all,” Nazim claimed.

Nazim is identified in the CNI report as one of three “critical participants” on February 7  as one of three people who – along with current Police Commissioner Abdulla Riyaz –  “had been watching what was going on at Republican Square and felt it was their moral obligation and  public duty to intervene.”

“These three men, when they arrived at Republican Square, appeared to  enjoy positive rapport with the opposition groups outside the MNDF HQ and quickly  assumed leadership roles, particularly with the police. There is no suggestion that they were appointed or given specific authority,” the report states.

Regarding a statement by the international advisers in the CNI defending the commission’s professionalism and integrity, Attorney General Shukoor said that the international community may have taken Nasheed’s nominee Ahmed Saeed (Gahaa)’s claims more seriously had he submitted a dissenting opinion instead of handing in his resignation.

The attorney general alleged that Saeed was unable to do this as he did not have enough evidence to back his claims.  She said that if anyone wished to contest the findings of CNI, they were advised to file the case in court.

Ghafoor today lamented what he saw as the failings of the CNI: “It does not seem as if [the MDP’s] troubles are over. Doesn’t look as if trouble for the country as a whole is over.”

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