Category: Politics

Hulhumale’ Magistrate Court re-accepts ex-President Nasheed’s prosecution case

Hulhumale’ Magistrate Court has decided to re-accept the prosecution case of former President Mohamed Nasheed, who has himself called for any trial against him to be expedited.

Nasheed along with former Defence Minister Tholath Ibrahim kaleyfaan and three Maldives National Defence Force (MNDF) officers are being charged for their alleged role in detaining Criminal Court Chief Judge Abdulla Mohamed.

Abdulla Mohamed, who was a central figure in the downfall of former President Nasheed, was brought under military detention after Nasheed’s government accused him of political bias, obstructing police, stalling cases, having links with organized crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

The three MNDF officers facing charges are former Chief of Defense Forces Moosa Ali Jaleel, Brigadier-Retired General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad.

General Didi, who was serving as the Male’ area commander at the time of Judge Abdulla’s arrest, penned his“premature” resignation” after 32 years of service in the military upon the PG’s decision to prosecute him.

Ex-Chief of Defence Force Jaleel had also retired following the controversial transfer of power on February 7, while Colonel Ziyad has maintained he would be present in his uniform to defend himself in the court.

Initially the magistrate court refused to proceed with the trial stating that it did not have the jurisdiction to deal with such cases under the Judicature Act.

Magistrate of the court, Moosa Naseem at the time told Minivan News that they had “studied” the case and had identified that the court “did not have the jurisdiction to deal with the case” referring to article 66 of Judicature Act.

According to article 66(b) of the act, Naseem contended that the Hulhumale’-based court could only accept the case after the Chief Justice issued a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council.

Article 66(b) of the Judicature Act states that: “in accordance with section (a) of this article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.”

The Magistrate court’s decision to overturn its initial refusal follows the High Court’s invalidation of its decision, following appeals from the authorities.

In invalidating the magistrate court ruling, the High Court stated the case was based on the “unlawful detention” of a person, adding that magistrate courts in the country had the jurisdiction to proceed with such cases.

The ruling also said that as the incident occurred in Male’ area, the Hulhumale’ Magistrate Court again had the jurisdiction to proceed with the case.

An official from the Prosecutor General’s Office told Minivan News today that the case was submitted yesterday afternoon along with that of the other MNDF officers.

The Judicial Administration department today announced that the hearings of the case will be conducted in the Justice Building, located in Male’.

An official from the department told local media that the decision was made after considering the fact that holding the trials in the Justice Building would ease the administrative process and that the facilities available would also be an advantage.

“The trials will proceed at the hall in the ground floor of the building,” he added.

The letter

Following High Court’s decision, ex-President Nasheed stated in a press conference held last Friday that he had sent a letter requesting the Hulhumale’ Magistrate Court to expedite the case.

Initially, the magistrate court denied the receipt of Nasheed’s letter but later in a press statement acknowledged the reception of the letter and stated that steps were being taken to commence the trial as soon as possible.

Nasheed maintained that he is willing to be present at court to defend his decision to arrest the Judge, reiterating that if he should return to power again, he would still do the same, alleging that Judge Abdulla was central to the flawed criminal justice system of the country.

In April, Nasheed told the UK’s Guardian that he did not like arresting a judge, but he “just couldn’t let him [Abdulla Mohamed] sit on the bench.”

“There is a huge lack of confidence in the judiciary, and I had to do something and the constitution calls upon me to do that. It’s not a nice thing to do. And it’s not a thing that I would want to do. And it’s not a thing that I liked doing. But it had to be done,” he added.

Nasheed, who is also now the presidential candidate of the opposition Maldivian Democratic Party (MDP), stands charged with violating Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

If found guilty, Nasheed and Tholhath will face a jail sentence or banishment for three years or a Rf 3000 fine (US$193.5), a sentence that would bar him from contesting the elections.

The opposition MDP has claimed that the case is politically motivated by Nasheed’s opponents in an attempt to bar him from running for future elections.

Home Minister Mohamed Jameel in a post on social media service Twitter has said the “historic criminal trial” is the “first step towards the national healing process.”

Meanwhile, the MDP claimed it expects the trial – whether in Hulhumale’ or another court – to go ahead regardless of legality.  The party has alleged the case serves solely as a mean to convict the former president and potentially prevent him from contesting in the next presidential election.

MDP Spokesperson MP Imthiyaz Fahmy did not respond to calls at time of press.

The Arrest

The chief judge was detained by the military, after he had opened the court to order the immediate release of the current Home Minister and deputy leader of the Dhivehi Quamee Party Mohamed Jameel Ahmed.

Jameel was arrested after President’s Office requested an investigation into “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

The judge’s whereabouts were not revealed until January 18.

As Judge Abdulla continued to be held, Prosecutor General (PG) Ahmed Muizz later joined the High Court and Supreme Court in condemning the MNDF’s role in the arrest, requesting that the judge be released.

The police are required to go through the Prosecutor General’s (PG) Office to obtain an arrest warrant from the High Court, Muizz said, claiming the MNDF and Nasheed’s administration “haven’t followed the procedures, and the authorities are in breach of law.They could be charged with contempt of the courts.”

He then ordered the Human Rights Commission of the Maldives (HRCM) to investigate the matter.

Judge Abdulla’s arrest sparked three weeks of anti-government protests, beginning in January, while the government appealed for assistance from the Commonwealth and UN to reform the judiciary.

As protests escalated, elements of the police and military mutinied on February 7, alleging Nasheed’s orders to arrest the judge were unlawful. A Commonwealth legal delegation had landed in the capital only days earlier.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Nasheed’s Maldivian Democratic Party (MDP) has taken to the streets in recent months calling for an early election.

Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

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Waheed says China to grant Maldives $500 million loan

President Dr Mohamed Waheed Hassan has told Reuters that China will grant the Maldives US$500 million (MVR7.7billion) in loans during his state visit to the country.

The loans, equal to nearly one quarter of the Maldives’ GDP, would include $150 million (MVR2.3billion) for housing and infrastructure, with another $350million (MVR5.4billion) from the Export-Import Bank of China, reported Reuters.

This state owned bank is mandated with facilitating the export and import of Chinese products and promoting Sino-foreign relationships and trade, according to its official website.

China’s aid may provide an immediate salve to the government’s financial ailments which are on track to leave a MVR 9.1 billion ($590million) deficit in this year’s budget.

Former Foreign Minister and current UN Special Rapporteur to Iran, Dr Ahmed Shaheed, explained that it was unlikely China would give any money to the Maldives as cash, suggesting that it would more likely come as assistance in kind, which was often difficult for the economy to “absorb”.

Shaheed said that the loan should not be interpreted as a change in foreign policy after former President’s Nasheed and Gayoom both recognised the importance of cultivating ties with China.

“This is very much in keeping with past policy. There has been a growing Chinese interest in the Maldives – a relationship based on trade, tourism and political contact,” said Shaheed.

“The lines so far drawn have demonstrated that the Maldives remains primarily SAARC focused, followed by trading partners in the EU and Singapore. China has moved into this second category,” he added.

“Nothing will change the fact that we are only 200 miles from Trivandrum,” he said.

A Chinese embassy opened in Male’ in time for the opening of the SAARC summit last November, reciprocating the opening of a Maldivian mission in Beijing in 2007.

Indian officials were reported at the time as having concern that the move was part of China’s “string of pearls” policy which supposedly involves Chinese attempts at naval expansion into the Indian Ocean.

On this matter, Shaheed acknowledged that India would be worried about Waheed’s arrival in Beijing after its apparent diplomatic failings during the Maldives’ recent troubles.

However, Shaheed said that a genuine policy shift would have to involve enhanced military cooperation, something avoided by former President Nasheed after his predecessor had shown some interest.

“Nasheed understood that the Maldives should not become a playground for the big powers,” he said.

Similarly, when asked upon his recent return from Sri Lanka what the Maldives’ policy was regarding Sino-Indian competition in the region, President Waheed is said to have responded that the policy of a small nation like the Maldives ought to be to avoid too great an involvement in geopolitics.

Waheed’s first official state visit after becoming president saw him travel to India in May. The Maldives National Defence Force (MNDF) conducted joint naval operations with India in the same month.

More recently, Waheed has visited the United Kingdom, Saudi Arabia and Sri Lanka.

The vast rise in the number of Chinese tourists visiting the Maldives was a point Waheed was keen to make to both Reuters and the Chinese state news agency, Xinhua.

“The purpose of this visit is we have a growing relationship with China,” Waheed told Reuters. “The most tourists from one nation are coming from China. So it is really important to have a good relationship and to also encourage Chinese tourists to continue to come to the Maldives.”

China leapfrogged the United Kingdom in 2010 to become the number one source of arrivals for the country’s travel industry.

Official figures from the Maldivian Ministry of Tourism reveal that China has provided 22.2 percent of all arrivals to the Indian Ocean nation this year – up 14.5 percent from last year.

When speaking with Xinhua, Waheed thanked the Chinese for choosing to visit the Maldives before going on to give praise to China’s policy of non-interference in foreign affairs.

Waheed has been critical of the Commonwealth’s role in the country’s recent political turmoil, suggesting that the organisation’s calls for early elections were “premature”.

In a comment piece for local newspaper Haveeru this week, Waheed’s Special Advisor Dr Hassan Saeed said that the Maldives should not tolerate interference from people “who fail to practice what they preach in their own country.”

“We need to have the confidence to challenge those diplomats and politicians in the international community who sometimes seem to let their personal political sympathies determine their approach to our problems,” said Saeed.

Xinhua reported that Waheed had lauded China for understanding the international affairs of smaller countries.

“China is emerging as one of the superpowers now. In that sense, it will inevitably play a significant role in world affairs,” said Waheed.

On this point, Shaheed argued that the mention of ‘non-interference’ alongside ‘world power’ was a non-sequitur.

“The world has moved on from this approach. It is now state business to interfere when partners appear to have violated agreements,” he said.

Shaheed added that praise for a host country’s policies was standard in these instances, “a nicety”, and suggested that people should “not read too much into it.”

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Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers

International advisors to the Commission of National Inquiry (CNI) – Judicial Advisor Sir Bruce Robertson and Legal Advisor Professor John Packer – have defended the commission’s independence and professionalism in the wake of criticism from the MDP’s representative.

Ahmed ‘Gahaa’ Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and misleading translations.

“Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation,” stated Robertson and Packer, in an appendix to the report. “The other member was not at all times willing or able to act independently and resigned the evening before the report was submitted and published.”

Saeed’s resignation created “discord and mistrust” in a community “in desperate need of reconciliation”, the pair claimed, defending the professionalism of the CNI’s methods.

“We have seen nothing but objective and independent professionalism in the institution. The Commission has sensibly and sensitively heard all who wanted to make a contribution. It has firmly and fairly held participants to telling what they had heard and seen for themselves and deflected them from conjecture and speculation without facts.”

“The nation has been well served by the Commissioners and any assertions of bias or lack of objectivity levelled against those remaining have no justification. They reflect badly on those making unfounded allegations,” Packer and Robertson stated.

“For the evidence collecting exercise to have value all witnesses had to be questioned and challenged about their recollections of events and the basis for them. Equally they had to be confronted with alternative evidence so they had the opportunity to comment on it. Some found this process unsettling. Many were familiar and only comfortable with making assertions and not being required to justify or explain how they had reached their view,” they noted.

As the evidence unfolded, the advisors said they observed “a national obsession with street demonstrating at an alarming level”.

“Some would want to call [this] an example of the rights of freedom of expression and assembly. In reality it is rather more bully-boy tactics involving actual and threatened intimidation by a violent mob,” they stated.

“This perpetual behaviour is sapping public life and hindering the Maldives’ development as a modern democracy.”

The evidence revealed longstanding tensions in the Constitution as a result of a Presidential system being “grafted” on to a parliamentary system.

“The creation of independent commissions will only be the safety valve intended when they are adequately resourced and fulfil their mandates in a timely and decisive manner,” they observed.

Furthermore, “Fundamental to the operation of a modern democratic society is the existence of an operating and absolutely independent judiciary which has the confidence of the entire community. Radical action is required to breathe utility into much of the state framework, especially to ensure the proper administration of justice. This cannot wait.”

Dunya writes to McKinnon

The comments from the international advisers followed a letter sent to Commonwealth Envoy to the Maldives Sir Donald McKinnon by State Minister for Foreign Affairs Dunya Maumoon., daughter of former President Maumoon Abdul Gayoom.

In the letter, obtained by Minivan News, Dunya advises McKinnon that Saeed had “put the Commission’s work at risk by publicly questioning the credibility of its draft report, three days before its scheduled publication.

“He has also questioned the integrity of the highly respected senior judge from Singapore, Justice Selvam, the Co-Chair of the Commission, who was recruited by the Commonwealth. This is a disturbing development that could inflame the already heated political environment in the Maldives,” Dunya wrote.

She informed McKinnon that it was “time the Commonwealth puts into perspective the pattern of behavior by former President Nasheed since he resigned from the office of President, and ponders the credibility of his accusations and claims.”

“The government is committed to bringing stability into the country and cultivating the values of democracy in the Maldives,” she claimed.

“You may recall that while accepting Mr Saeed’s name to the CNI, the government made it very clear its strong reservations about Mr Saeed’s impartiality and independence because of his close associations with the MDP.

“We request you call upon former President Nasheed and his supporters in the MDP, as well as Mr Saeed, to stop their intimidatory actions and let the work of the CNI proceed to a successful conclusion. The Commonwealth’s valuable role in resolving the political tensions in the maldives is a critical one, and that role should also be seen to be fair as well,” Dunya wrote.

“Otherwise there is a risk that the country’s young democracy might be pushed into a steep decline where only chaos will reign.”

Former President Nasheed on Friday accepted the CNI’s report, subject to Saeed’s reservations, however he observed that the report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

Minivan News is currently waiting for a response from MDP Spokesperson Hamid Abdul Ghafoor.

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Comment: So long, and thanks for all the democracy

On the night of August 29, groups of uniformed officials of the Maldives Police Service were observed going around Malé in trucks, singing songs and mocking opposition MDP activists – the same ones they brutalised in a nationally televised theatre of violence during the events of February 7th and 8th.

The next morning, large groups of uniformed police were huddled together on the streets in their riot gear, their faces concealed by balaclavas, while the country awaited an announcement from the Commission of National Inquiry (CoNI) appointed by the Waheed regime to ‘investigate’ the controversial transfer of power.

The announcement surprised exactly nobody; the council of pigs had found in favour of Napoleon. There was no coup, it ruled. In fact, there wasn’t even a police mutiny. And if there was one, it didn’t quite break any law, the report found.

By evening, the Waheed regime’s Police Service – now apparently empowered to make their own laws – had declared that calling them ‘traitors’ was now a crime, and any person indulging in the act would be arrested.

The declaration followed in the footsteps of two citizens being arrested in recent days for the offence of calling Waheed a ‘traitor’. Journalists witnessed one lady being taken away on 30th August, allegedly for the crime of taking photographs of the police.

Over the course of the day, scores of MDP protesters would be detained by the police in ancticipation of large scale protests against the findings of the report, and the continued demands for early elections.

With the international community apparently eager to wash its hands off the Maldives, there will be plenty of time and opportunity for the police to deal with troublesome critics over the remainder of Waheed’s rule.

The CoNI Report

Ahmed ‘Gahaa’ Saeed, the sole representative of President Nasheed on the 5 member Commission, resigned the day before the report was to be made public. In a press conference following the publication of the report, Saeed pointed out what appear to be serious lapses in gathering evidence and recording testimony in preparation of the final report.

Among them, he highlighted that CCTV footage was provided for only 3 out of 8 cameras around the MNDF area, and even those had hours of footage edited out. No sufficient explanation was given by the security forces.

The Commission was not provided any CCTV footage by the Police and the President’s office, according to Saeed. Nor was CoNI granted access to information gathered by the Police Integrity Commission.

Furthermore, no interviews were held with any official of the notorious ‘Special Operations’, the highly trained riot control force that played a crucial role in the ouster of the first democratically elected government, as well as the subsequent targeted attacks on civilians, MDP leaders and party activists. Also missing was the testimony of Umar Naseer, the Deputy Leader of PPM who has publicly declared his role in the overthrow of the elected government, and revealed the existence of a ‘command centre’.

According to Saeed, other prominent interviewees alleged to have played a role in the coup d’etat appeared to have been coached, with all of them giving standard, non-commmital responses.

None of these alleged lapses or limitations were highlighted in the final report.

Illegal duress

Section 4F of the report, defining ‘Coercion in Law’ begins as follows:

“Coercion, as used in the Decree, refers to the American legal concept of illegal duress or the English legal concept of intimidation. This is a real threat delivered by one or more wrongdoers to another to harm and injure the latter or his family if the victim does not do something as demanded”

But surprisingly, the report makes no mention of the leaked audio recordings, first aired by Australia’s SBS Dateline program, that clearly reveal the President pleading for the safety of his family in return for his resignation on the morning of February 7.

There were a few other sections of the report that raises eyebrows. Regarding an allegation about an SMS purpotedly sent by the then Permanent Secretary at the Ministry of Environment, allegedly asking for the disbursement of 2.4 million Rufiyaa to the mutinying cops, the Commission had this to report:

“[Mr. Saleem] debunked the message effortlessly, claiming that he did not recall sending such a message. After hearing him, the Commission would not invade and investigate the privacy and personal affairs of all and sundry…”

While the first sentence suggests some truly extraordinary levels of trust placed by the Commission in the testimony of the accused, the second reveals an inexplicable reluctance in pursuing every possible avenue of inquiry to uncover all relevant facts behind the power transfer – which, by definition, was the Commission’s job.

Furthermore, the report seems to paint a picture that the President was completely secure and faced no threat inside the MNDF HQ, when in reality it is undisputed that sections of the already outnumbered military had broken ranks and joined with the hostile police and opposition protesters in rioting outside.

Video recordings aired on National television showed military officers refusing to obey the President’s orders. Retired colonel Mohamed Nazim, in the video clip where he is seen addressing the mutinying forces outside, talks about being received warmly inside the MNDF HQ.

Indeed the CoNI report itself quotes him as saying “When I entered the military headquarters I was given a very happy scene. Everyone within the military lifted me up and very completely revealed their support for me. God willing, things will happen today as we want”.

If one is familiar with the fate of former Maldivian rulers facing chaotic mobs, then one realizes that guns were not necessary to threaten the President’s life. All that was required was for a solitary soldier to throw open the gates.
The report itself states elsewhere that all command and control was lost.

All of this appears entirely contradictory to the conclusions of the report that asserts that President Nasheed remained in control and had legal options to employ force to deal with the situation, which he refused to do – and therefore could not claim he resigned under duress.

This lends some credence to President Nasheed’s claims that the report was prepared with the political situation in mind, rather than with any serious ambition of uncovering facts.

Options before the MDP: Way forward

It is unrealistic to imagine that ordinary civilians, no matter how numerous or passionate, can topple a regime that is protected by a modern, trained, unsympathetic – and in this case, hostile – police and armed security forces.

The police have superior training, equipment, strategy, organization, intelligence gathering and other resources to counter and defeat any move that civilian protestors could possibly make. The same forces that protected the dictator Gayoom against an overwhelming tide of unpopularity can sufficiently protect his alleged puppet.

Given these realities, it is wise that President Nasheed has chosen to make a major concession and accept the findings of the report, while calling to implement its much welcome recommendations that include the strengthening of various institutions such as the HRCM, Police Integrity Commission, JSC and the Judiciary while also calling for swift action to be taken against rogue cops, who the report acknowledges had engaged in acts of brutality towards civilians.

While there remain serious injustices to be addressed and plenty of reasons for the MDP to be rightfully outraged, the path forward necessarily involves having to break the political gridlock that has paralyzed the nation since late last year.

It is clearly in the best interests of the public that the All Party talks resume and the daily business of running the nation and fixing the economy take centre stage again.

There are important lessons to learn from February 7. President Nasheed and the MDP need to introspect and reflect on their own considerable mistakes and poor judgments. The most important among them, perhaps, is committing to uphold the rule of law without any compromises, no matter how morally justifiable it may be.

With under a year left for the next scheduled elections, the MDP would be well advised to direct its efforts and resources on going back to the people and rallying them behind larger ideals.

Ultimately, one must remember that it was the people who handed a mandate to President Nasheed in 2008, and despite the ugly precedent set by the police and military, it will hopefully be the people once again who will make the decision in 2013.

So long, and thanks for all the democracy

With the publication of the CoNI report, and the apparent willingness of the international community to confer the same legitimacy on Waheed that it once granted the iron-fisted Gayoom – ostensibly with ‘stability’ in mind – the clocks have effectively been turned back a few years.

The Maldives’ unprecedented democratic revolution that began in the early 2000’s has ended prematurely, and many of the gains made since then have now effectively been reversed.

After three years, the Police have once again become an entity to be feared and loathed. The familiar intimidation of the media, and bullying tactics that were so widely prevalent during the Gayoom dictatorship is also back.

Waheed’s regime has been outright hostile to the free media, repeatedly barring the only opposition-aligned TV station from covering President’s office press conferences, and permanently withdrawing police protection for the channel’s reporters – despite explicit constitutional safeguards upholding media freedom. There is plenty of visual evidence of Raajje TV’s reporters being harassed and pepper sprayed at close range by the police; targeted attacks on the station by pro-government goons in August forced the station to interrupt services.

Citizens now face arrest for merely calling Waheed and his police forces ‘traitors’, whereas his regime regularly and unapologetically refers to citizens demanding early elections as ‘terrorists’.

The runaway judiciary remains weak and ineffectual, and there is no longer an elected President in power with any interest in fixing this crucial, but broken third leg of the base on which the country’s democracy was built to stand.

With a spineless media, a lethargic civil society, an incompetent Judiciary, weak institutions and watchdogs, a heavily politicized Police and military, not to mention the overarching influence of money and corruption in the whole process, the gargantuan task of achieving practical democracy in the Maldives appears forbidding, if not downright impossible.

To sow the seeds for a new revolution, the MDP needs to go back to the grassroots and educate the public.

February 7: the legacy

February 7 has left in its wake some very unwelcome precedents and niggling questions.

First among them is the newly acquired role of the police and military in determining the transfer of power, which the constitution had originally envisaged as being the sole prerogative of the voting public.

Will all future governments of the Maldives be required to buy the loyalty of the uniformed services with a range of perks, pay hikes, unprecedented promotions and turning a blind eye to their excesses and brutality in order to remain in power, as demonstrated by the Waheed regime?

Shall the Maldives follow in the footsteps of Pakistan that, over 65 years since independence, has failed to see a single democratically elected government complete a full term?

Finally, will the Maldivian judiciary ever become a house of justice for the public? Or will it remain perpetually overrun by incompetent fools, resistant to any external attempt bring them in line with the ideals enshrined in the constitution?

Does the Maldivian public really stand a chance to complete the democratic transition process we embarked on nearly a decade ago? Or will the next guy to attempt this Herculean task also pay the same price that Mohamed Nasheed did?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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CNI report leaves Maldives with “awkward”, “comical” precedent: Nasheed

Additional reporting by Mariyath Mohamed

Former President Mohamed Nasheed has said he accepts the report produced by the Commission of National Inquiry (CNI) subject to the reservations of his member on the Commonwealth-backed commission, Ahmed ‘Gahaa’ Saeed.

The CNI found that there was no coup on February 7, that Nasheed did not resign under duress, and that police and military officers did not mutiny.

Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed.  Concern was also expressed over the organisation by the CNI secretariat.

“I believe the Commonwealth Ministerial Action Group (CMAG) will consider the reservations about the CNI’s work that Saeed has noted, and that these issues will also be included in the CMAG report,” Nasheed said, at a press conference this afternoon.

The former President observed that the CNI’s report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

“The pronouncement on the transfer of power was a political announcement – not based on findings or facts. This political pronouncement is based in my view on what would be best for the country from now on, not on exactly what happened that day,” Nasheed said.

“I see the report as a document that tries to map a way forward. The commission was of the view that reinstating my 2008 government would be so messy that it would be best to move forward with another election. So the report has tried so hard to come out with this view through a proper narrative. You will have read the narrative and will understand that at times it is comical, but still, it is a narrative.

“I still am of the view that the commission report has established a precedent which in many ways is not very alien to our past practices. Usually if a mob comes to the palace and stands there for a lengthy amount of time, and if other locals are connected to the mob, the king has very little room to maneuver,” Nasheed said.

“We seem to have been unable to get away from this very feudal system of governance. We were hoping the new constitution would be enlightened enough to give us a system whereby governments would change simply through the ballot box, but it now looks like it was not so simple. I think it will take time before we are able to settle down to more democratic forms.

“My message to the international community is when you recommend issues, situations, solutions programmes and projects to other societies and people, it is so very important to understand the detailed intricacies of the local conditions.

“We still hope elections will be held early, and we will go to elections with a programme, as we always have, and we believe that we will win that election in the first round very handsomely. We have no doubt about that.”

Nasheed noted that all major coalition-aligned parties had signalled their acceptance of the report and its recommendations, including former President Maumoon Abdul Gayoom, Dhivehi Rayithunge Party (DRP) Leader Thasmeen Ali, “and my former vice president Dr Mohamed Waheed Hassan Manik”, and emphasised that one of the major recommendations in the report that they had agreed to was for action taken against unlawful acts committed by the security forces.

“We call for a criminal investigation, and they must then be tried in court and be sentenced as due,” he said.

“We are not surprised, this was one outcome the MDP had predicted. If the report suggested there was no duress [in the resignation] but that there were wrongdoings by the police and military, then all these wrongdoings must be addressed immediately within a period of one month, with the international community’s support in doing so,” Nasheed added.

During his speech at the report’s release on Thursday, President Mohamed Waheed did not reveal the CNI’s fourth finding – that there were “acts of police brutality on February 6, 7 and 8 that must be investigated and pursued further by relevant authorities”.

Referring to the CNI report’s conclusion that the controversial February 7 change of power was “constitutional”, Nasheed said that if this were the case, then he believed that parties who were not included in the victorious 2008 coalition had no right to participate in the current unity government, specifically Gayoom’s Progressive Party of the Maldives (PPM) and the DRP.

Nasheed called for his impending trial at Hulhumale Court – a move recently upheld by the High Court – to be expedited, and also expressed concern at the arbitrary arrest of his supporters for calling police and public officials ‘baghees’ (traitors).

“It is always their hard work that brings things to realisation, that impresses upon everyone the gravity of issues, and if you have a look at who was arrested last night, you can see that the core of them are the intelligentsia of this country,” Nasheed said.

“They are young, highly qualified and they have an opinion. If you want to keep arresting people with an opinion, that says very little about your democratic credentials.”

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Government claims all-party talks consensus as MDP maintains “early” election calls

The President’s Office has claimed all-party talks held last night at Bandos Island Resort and Spa concluded with senior representatives for the government and the nation’s political parties agreeing to move ahead through parliament to address the discussion’s key aims.

President’s Office Media Secretary Masood Imad told Minivan News that the all-party talks – the last of which, held in June, failed to reach a consensus on an agenda that included setting dates for early elections – saw representatives agreeing on revising the aims of the talks to reflect the findings of the Commission of National Inquiry (CNI).

However, the opposition Maldivian Democratic Party (MDP), which continues to criticise the CNI findings – alleging they lack key witness testimonies and evidence – has today said it remained committed to pressing for early elections at the earliest possible date in line with calls from the European Union.

The comments were made after the CNI, charged with investigating the circumstances around the controversial transfer of power on February 7, concluded that the government of President Dr Mohamed Waheed Hassan came to office constitutionally.

The Commonwealth, which backed the CNI under a reformed mandate and composition, yesterday called for report’s outcome to be respected – a stance shared by the US, India and the UN.

Following the CNI’s conclusion yesterday, Masood claimed the talks, which were attended by President Waheed, MDP Chair and MP ‘Reeko’ Moosa Manik and Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali, “successfully” agreed to amend the aims of the talks. He added that these amended aims would now likely be addressed through the People’s Majlis rather than through continued external discussions.

Masood added that in light of the CNI’s findings, representatives at yesterday’s talks agreed on a new agenda, such as addressing legislative issues through parliament.  He contended that this work could potentially be dealt with through the formation of a special all-party parliamentary committee.

Speaking to Minivan News yesterday, DRP Leader Thasmeen said ahead of the talk that he believed the focus of discussions, which had previously outlined an agenda including potentially agreeing early elections for this year, “should now change”.

“There had previously been serious contention over the transfer of power. At this point we had been willing to discuss early elections. I think these questions have now been answered [with the CNI report]. It is now time for national reconciliation,” he said.

Thasmeen contended that the talks would likely no longer focus on agreeing a date for early elections, which President Waheed has previously said under the constitution can be scheduled for July 2013 at the earliest.

“I think it should be possible to move on and try finding common platforms for agreement,” he said at the time.

Both Progressive Party of Maldives (PPM) Interim Deputy Leader Umar Naseer and MDP Chair Manik – who were both representing their respective parties at the talks – were not responding to calls from Minivan News at the time of press.

MDP MP and Spokesperson Hamid Abdul Ghafoor said today that in spite of the CNI outcome, early elections remained a “key” focus of the opposition party going forward.

According to the MDP, the Commonwealth had not yet announced a change in its policy of pressing for early elections to be held this year to address the current political stalemate in the country.

Ghafoor added that he had also been encouraged by comments made by President Waheed in local media to hold talks between the leaders of the country’s parliamentary parties and himself, discussions he contended that would be limited to five key Majlis representatives.

In outlining the future focus of the party’s plans, former President Mohamed Nasheed was on Friday expected to hold a conference at 4:00pm in Male’ at the Mookai Hotel on Meheli Goalhi.

Addressing the party’s conduct following the CNI report yesterday, the MDP claimed that it believed 60 people were arrested during yesterday’s demonstrations as a result of an ongoing special operation launched by police in attempts to reduce unrest in the capital and wider atolls.

According to Ghafoor, the party was itself concerned with the large number of officers wearing balaclavas as they patrolled the capital, making it impossible to identify them individually.

“They were singing at MDP protesters and mocking them to try and provoke the public,” he claimed. “I myself observed spontaneous protests yesterday that were not organised offcially by the party. These were people who walked out of our national conference meeting yesterday. This situation saw a large number of arrests late into the night.”

According to official police figures, 50 people had been arrested as of yesterday afternoon. Of these suspects, seven were female and one person was classed as a minor.

By midnight, authorities confirmed that a further 13 people had been taken into custody. All suspects were charged with obstructing police in performing their duties.

Police Spokesperson Sub-Inspector Hassan Haneef today confirmed local news reports that police would be arresting any member of the public heard calling officers “traitors” or alleging they had played part in a “coup”.

Haneef did not clarify if any arrests had been made on these grounds at the time of press.

Police said earlier this week that they will provide full support and security services to the demonstrations held “peacefully and within the contours of laws”.

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“I realised it was all going wrong”: member Saeed on CNI’s final days

“I realised it was all going wrong,” recently resigned member of the Commission of National Inquiry (CNI) Ahmed ‘Gahaa’ Saeed told a press conference at Dharubaaruge this evening.

During the press conference, Saeed revealed comprehensive details of the admissions from the final CNI draft which led to his resignation on Wednesday.

“I did push for the initial extension, but this time around I realised that even if the time was extended, there was no possibility that the report would come out any different,” he said.

Saeed said that he had accepted the post because he had been deeply affected by the brutality and the injustice he observed in the events following February 6, and felt he could make a constructive contribution to the commission’s work.

He emphasised that he was not a politician and did not take up these responsibilities with any political interest in mind. Saeed provided a copy of a letter which he says was presented to the commission’s co-chairs on August 26 as well as a copy of his resignation letter.

The first letter, written on August 18, detailed Saeed’s concerns about the commission’s progress, which included the following:  withheld evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and organisation by the CNI secretariat.

“I feel compelled to formally register with you a number of issues that I believe, if left unaddressed, will seriously undermine the credibility of the report. I also believe these matters defeat the purpose for which the CNI was established,” read the August 26 letter, sent to the other members of the commission as well as Commonwealth Special Envoy, Sir Donald McKinnon, and members of the Commonwealth Ministerial Action Group (CMAG) – whose pressure led to his appointment.

Saeed told the press today that he had submitted his concerns regarding Singaporean Judge G.P. Selvam’s extended absences to the Commonwealth, but that he had so far not received a response.

He mentioned that there were a total of 31 days in which the commission was not able to work with the full commission’s presence, alluding to Selvam’s lengthy absence.

In responding to questions from media, Saeed said that Judge Selvam had brought gifts for the commission members ranging from dictionaries to perfume.

He said that the last gift, which had been offered along with the draft of the CNI report, was an Apple iPad for each member of the commission.

Saeed confirmed that while he had not accepted any of these gifts, the other commission members had.

Saeed also spoke of material worth thousands of Singaporean dollars that Judge Selvam had donated to the Villingili Hiya Children’s Center and the Maafushi Juvenile Detention Centre.

In the distributed letter, Saeed decried the fact that no CCTV footage from the police or the President’s Office had been made available to the commission.

“Only three out of eight CCTV cameras in and around MNDF have been provided and these have some crucial hours of footage missing,” wrote Saeed.

Saeed added that, “after much stonewalling”, he was simply told the footage was not available.

Saeed also wrote that the CNI was unable to access the information compiled by the Police Integrity Commission (PIC) despite repeated requests.

He also said that the Human Rights Commission of Maldives (HRCM) report was not received until August 16, describing the eventual report as “superficial and inconclusive”.

The letter suggested that key witnesses, believed to have played crucial roles in the events of February 7, appeared to have been coached – all giving standard responses to questions such as “no”, “I don’t know”, or “I can’t remember”.

Saeed also suggested that the non-cooperation of Deputy Leader of the Progressive Party of Maldives (PPM) Umar Naseer was unacceptable after he had made public statements detailing his role in Nasheed’s resignation.

He also alleged that the original members of the Commission (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and chairman Ismail Shafeeu) showed a lack of interest in witnesses, “rarely posing questions.”

Using the examples of MC Mohamed Hameed and Superintendant Adnan Anees, Saeed expressed his belief that pressure was being put on members of the security forces not to cooperate with the CNI.

He added that a number of potentially crucial witnesses had been transferred, sometimes overseas, “making it extremely hard or impossible for them to appear before the CNI.”

Writing 12 days before the report was due for release, Saeed had mentioned his concerns that a lot of evidence had yet to be reviewed in the limited time remaining.

The final point raised in the August 26 letter was the poor scheduling of the witnesses by the commission’s secretariat.

Saeed said that inadequate notice had been given to enable his preparations for questioning. He also suggested that the most important witnesses were scheduled at the least convenient times.

The quality of translations services provided by the secretariat were also criticised, being described as “inappropriate and to some extent misleading.”

Additional details of Saeed’s concerns came in the August 29 resignation letter in which he alleged that the reformed five-man commission had not reviewed the finding of the original three-man group, “despite inconsistencies”.

The resignation letter detailed that no officer from the Special Operations branch of the police force had been interviewed. “The CNI has not been able to ‘summon’ any of the alleged ‘perpetrators’ or ‘culprits’,” he wrote.

Saeed criticised the nature of the commission’s work, arguing that it lacked the “investigative powers to thoroughly probe accusations.” He mentioned that the group had been unable to access key individuals’ bank accounts or phone records.

In concluding the press conference, Saeed said that he felt the Commonwealth had welcomed the final CNI report even though Saeed himself had not signed it because after his resignation, he was no longer a part of CNI and his signature would no longer be needed.

Commonwealth Secretary-General Kamalesh Sharma has welcomed the release of the report by the Commission of National Inquiry (CNI), and urged “all concerned to respect the findings of the commission so that, moving forward, all actions and reactions reflect the sense of responsibility and restraint necessary in the best national interest.“

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Commonwealth endorses CNI, MDP claims report “legitimises coup”

Commonwealth Secretary-General Kamalesh Sharma has welcomed the release of the report by the Commission of National Inquiry (CNI), and urged “all concerned to respect the findings of the commission so that, moving forward, all actions and reactions reflect the sense of responsibility and restraint necessary in the best national interest.“

The report, delivered by Singaporean judge G. P. Selvam to President Mohamed Waheed Hassan on the morning of August 30, claimed there was no evidence to support claims 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.

Regarding the resignation of Nasheed’s member on the Commission Ahmed ‘Gahaa’ Saeed, on the grounds that the commission had failed to consider key evidence, testimonies and phone recordings, Secretary-General Sharma said it “was unfortunate that Mr Saeed felt he must dissociate himself from the findings of the Commission.”

“I commend the members of the commission for the intensive work they did to produce the report. I also note the report identifies a number of important issues that need to be addressed regarding the basic institutions of democratic governance, notably the rule of law and administration of justice, the People’s Majlis (Parliament), and the media. This report provides an opportunity for all stakeholders to reflect calmly and carefully, and find a way forward based on dialogue, consensus and reconciliation.

“The task ahead for all Maldivians must be to strengthen democracy in the Maldives. An atmosphere of peace and public order is essential for that to happen,” Sharma said.

The Secretary-General’s Special Envoy to the Maldives, Sir Donald McKinnon, will shortly return to the country “to explore how the Commonwealth can assist Maldives to move forward in a peaceful and consensual manner, and how democratic institutions can be further strengthened,” he added.

Government now legitimate: Waheed

President Mohamed Waheed Hassan at a press conference declared his presidency “clearly legitimate”, following the report’s release: “It is time to stop questioning the legitimacy of the government. It is time to stop illegal activities and activities that go against generally acceptable social norms,” Waheed said.

“The Commission’s findings are clearly stated. I do not believe there is any room to raise any questions about the transfer of power.”

“Most of my time and that of my colleagues in government have been consumed in finding ways to contain the loss and minimise damage to people and country. With serious harm inflicted on our tourism industry, we had to work in partnership with the industry to find ways to overcome serious challenges. We had to respond to allegations made to discredit the government and its officials. Much work had to be done to explain the truth to the people of the Maldives and members of the international community,” Waheed stated.

“We should now ask ourselves how we have spent the last six months. What have we spent our energy on? How much have we damaged our economy due to the harm inflicted on our main industry? How have we lived as a people with fear in our hearts and no peace in sight? How much suffering have we endured as a people due to actions by some only to further their own interests? The damage to our economy and social fabric within the last six months cannot be easily recovered.”

Waheed further condemned public criticism of Selvam’s integrity, stating that “I would like to highlight that the personal attacks by some against members of the commission, especially the attacks on co-chair Justice Selvam’s character, are not acceptable in a civilised society.”

“May the Almighty Allah bestow upon the people of Maldives a better tomorrow. May Allah keep our country a peace loving nation. May Allah keep this land of ours independent and peaceful forever.”

Following the press statement given by President Waheed, the MDP called on an emergency National Executive Council Meeting in the Dharubaaruge conference hall.

A large number of MDP supporters gathered in and outside of Dharubaaruge after the report was released.

During the meeting, several members condemned the actions of Commission of National Inquiry (CNI) for the release of its “inaccurate” report on the controversial transfer of power that took place on February 7.

MDP Spokesperson MP Imthiyaz Fahmy, speaking at the meeting, said that the people would “forever remember” that what happened on February 7 “was a coup”, and said the party would not stop its calls for a “legitimate government”.

“Remember this: the Maldivian people will as long as they live remember that what happened on February 7 was a coup d’etat. What the CNI did was try to legitimise the coup, but truth will prevail. We will remain determined in our calls for a legitimate government,” Fahmy said.

Another attendee called on members of the party to launch “immediate direct action” and protest against the government until it gave way and held democratic elections.

Former Minister of Environment Mohamed Aslam observed that the CNI’s report implied that “anyone who wishes to become President can become so if they gather the support of the police and military.”

“What we saw was a coup d’etat. If we let such an offence go by without justice, this is a very bad precedent we are setting here, and the MDP will not let that happen. I ask all our members from among the islands to come to Male’ and join us in our cause,” he added.

Outside Dharubaaruge police entered into the amassing crowds, leading to verbal confrontations and some scuffles.

Minivan News observed one young woman being arrested for what nearby protesters alleged was “for taking photos of the police”.

After the confrontations, Special Operations (SO) officers stationed themselves at the two ends of Ameenee Magu in front of Dharubaaruge.

International response

The US State Department also issued a statement on August 30 calling on Maldivians “to respect the findings of the CNI.”

“Now that the commission has released its report we urge all parties to respect those findings, to exercise restraint, obey the rule of law, and continue to express themselves in a peaceful and nonviolent manner,” said State Department Spokesperson Victoria Nuland.

“Now is the time for all parties to work together through dialogue to chart a positive way forward that respects the Maldivian constitution, democratic institutions, human rights, and the will of the Maldivian people,” Nuland said.

India’s Ministry of External Affairs MEA issued a statement ahead of the report’s release saying that it was “essential for all stakeholders to demonstrate a sense of responsibility in respecting the outcome of the Commission’s report, and to express views on the report of the CNI with calm and restraint.”

“Actions that might adversely impact on the atmosphere of peace and tranquility in the Maldives need to be avoided. India hopes that all political parties in the Maldives would take up the issues arising out of the CNI report through a peaceful political dialogue, to make a way forward for resolving the political situation in the country,” the MEA statement read.

UN Secretary-General Ban Ki-Moon also issued a statement saying he “welcomed the start today of high-level political dialogue, and hopes that this leads to national reconciliation and a way of moving forward”, while at the same time expressing “concern at the prospect of renewed political tensions should any side not accept the outcome of the inquiry.”

“The secretary-general calls on the parties to respect the constitution, create a peaceful and transparent environment conducive to dialogue and take steps to strengthen democratic reform and institutions,” the statement read.

The EU meanwhile said it had “taken note of the release of the report of the Commission of National Inquiry on the events surrounding the transfer of power in the Maldives on 7 February.”

“It recalls that all political groupings had previously undertaken to respect the CNI’s findings, although the report would certainly have been controversial whatever the outcome. It is now more than ever essential that genuine efforts be made by all political actors to work together in the interests of the country to ensure that the democratic system is upheld; to allow the normal business of government to continue; and to prepare for free and fair elections, which should be held as soon as possible,” said Michael Mann, spokesperson for EU foreign affairs chief Catherine Ashton.

Next move

Former Foreign Minister to the Maldives and UN Special Rapporteur on Iran, Dr Ahmed Shaheed, said the results of the Commonwealth’s “shoddy” work was “very disappointing”.

“The problem appears to have been simple – they relied on the work of the former three member commission appointed by Waheed, including the timeline, which received no input from the MDP,” he said.

“This is a setback, largely because the MDP was too willing to make concessions to the government in terms of the CNI’s structure. The MDP should not have accepted Shafeeu [as co-chair], shouldn’t have accepted a judge from a specific country, and should have demanded two representatives. In our eagerness to cooperate, we underestimated Waheed’s lack of sincerity,” Dr Shaheed said.

Key witnesses, such as Deputy Leader of the former opposition Progressive Party of the Maldives (PPM), Umar Naseer, refused to attend when summoned.

“This was a commission of inquiry and it places the burden of proof on Nasheed, as if he is the plaintiff,” said Dr Shaheed.

“The report is also very contradictory – it says Nasheed used too much force to try and arrest the police, and then says he should have used the force he was legally allowed to. There is no reference to discontent in the army in any way – evidence that was given [to the commission] by very senior people in the armed forces, and it notes that the Police Act does not refer to ‘mutiny’ by police, which is the same as saying it does not refer to ‘rape’.”

“International members on the commission were not provided access to vital evidence such as CCTV footage from police and army headquarters, or of the MNBC takeover,” Dr Shaheed said. “The draft also  came after the three weeks [Selvam] was on leave, missing interviews which would have provided a different picture.”

“This is what you see when you put the light only in one place – you do not see full picture. The report’s shortcomings are evident in its contradictions. It supports the government’s claims, but does not vindicate what happened. It is very hard to justify what is missing from the report.”

By way of example, Dr Shaheed referred to the Commission’s questioning of Permanent Secretary of the Ministry of Environment, Mr Saleem, over an SMS concerning the distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen.

“The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message,” the report stated.

“He says it didn’t happen and they accept it instantly,” Dr Shaheed challenged.

He  suggested that with the publication of the report, international groups would now “be eager to wash their hands of the Maldives,” – [For example, the Commonwealth is now facing challenges in Gambia].

The MDP would be unwilling to accept the report which would lead to further political turbulence, he predicted.

“This report was the best opportunity to get out of the current situation in a peaceful manner. It is a huge disappointment that will come at great cost to the Maldives,” Dr Shaheed said. “As written, the report endorses direct action and sets a precedent that anyone can overthrow the legitimate government.”

“The report speaks of the need to build institutions, but it condones the violent overthrow of the government which does not set the stage for peaceful reconstruction. This is a setback, but they cannot use a report of this nature to paper over what happened. The MDP is rightly outraged, and we will soon see the true nature of the regime. There are very turbulent times ahead.”

President’s Office Spokesperson Abbas Adil Riza dismissed the MDP’s allegations that the CNI failed to consider key evidence, including phone calls and testimonies – allegations that led Nasheed’s representative on the commission to resign, and the party to challenge its credibility.

“The Commonwealth and UN observers, as well as the members and Judge Selvam, did not agree with Saeed on that point. They said all evidence was taken into account, and the report was compiled according to formal structures they organised,” Riza said.

“The observers met with president and conveyed the message that whatever formalities were performed was international best practice,” he said.

“The government has always maintained its stand that Nasheed will not accept the report or its outcomes, whatever they may be. Nasheed made an agreement with Mckinnon to accept the outcome, whatever the outcome was. Even though he removed his representation, it is already done.”

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Tensions increase as MDP slams CNI outcome

A strong police presence is building around parts of Male’ as opposition Maldivian Democratic Party (MDP) supporters gather at the Usfasgandu protest area and the nearby Dharubaaruge conference centre for a meeting of its national congress this afternoon.

Tension has risen over the last 24 hours in the build up to the release of the Commission of National Inquiry (CNI) report investigating the controversial transfer of power on February 7.  The events brought President Mohamed Waheed Hassan to power.

The findings, unveiled by President Waheed this morning, stated that the change of government was “legal and constitutional”, and the events of February 6 and 7 “were, in large measure, reactions to the actions of President Nasheed.”

The report has been “welcomed” by the Commonwealth, which has called for continued dialogue to find “consensus” on a way forward for the country’s political parties.

However, the MDP has maintained that the government of former President Mohamed Nasheed was removed from office illegitimately.

MDP Spokesperson MP Imthiyaz Fahmy today claimed that the people would forever remember that what happened on February 7 was “a coup” and that the party will not stop their calls for a legitimate government.

“Remember this, the Maldivian people will as long as they live will remember that what happened on February 7 was a coup d’etat. What the CNI did was legitimise the coup, but truth will prevail. We will remain determined in our calls for a legitimate government,” Fahmy said.

Former Minister of Environment Mohamed Aslam claimed that the actions of the CNI implied that anyone “who wished to become president or to come to power” can now become so “if they gather the support of the police and military”

“What we saw was a coup d’etat. If we let such an offence go by without justice, this is a very bad precedent we are setting here, and MDP will not let that happen. I ask all our members, among the islands to come to Male’ and join us in our cause,” he added.

Government-aligned politicians such as Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali have said that while not everyone will agree on the CNI findings, “finality” was now needed on the issue of the transfer of power in order to begin addressing wider political concerns in the country.

Meanwhile, Maldives National Defence Force (MNDF) has issued a statement stating that the findings were a comfort to the institution’s officers and families.

The decision that the transfer of government went according to the constitution by an independent commission was seen as proving accusations against the MNDF were wrong, the military contended.  The statement added the the findings brought courage and confidence to maintain its “important national service”.

Minivan News this morning observed police Special Operations (SO) officers stationed at the two ends of Ameenee Magu in front of Dharubaaruge. The gatherings have so far in general remained peaceful, with police not attempting to disperse the crowds.

Police today expressed concern that the MDP was deciding to take to the streets and announced that 21 persons had been arrested in the last 24 hours.

LIVE UPDATES – refresh this page:

16:52 – Local newspaper Haveeru has reported that the Maldives Police Service (MDP) has sent a summons to Former Defense Advisor Ameen Faisal.

17:00 – Police Sub-Inspector Hassan Haneef has confirmed that a chit was sent to Ameen Faisal. According to Haneef, Faisal has been asked to present himself to the police headquarters at 9pm tommorow (August 31).

Haneef did specify on what grounds Faisal was being summoned.

17:04 – “People are losing their tempers and leaving the Dharubaaruge conference centre in droves,” reports Minivan News’  Daniel Bosley.

“If we are just going to talk, we should go home,” a male participant at the national congress is observed shouting.

17:14 – The Maldives Police Service website has claimed two suspects had been taken into custody at 16:30 this afternoon after reportedly being found attempting to set fire to a waste disposal site (Kunigondu).  Items have been seized from the suspects.  There was no confirmation if their alleged actions were politically motivated.

17:19 – The MDP national congress had ended without resolution.  Former Environment Minister Mohamed Aslam asked attendees inside shortly before the meeting’s end if they would prefer to go out into streets or continue the meeting, Minivan News observed.

17:24 – Former President Mohamed Nasheed has not been observed at the congress today. MDP MP and Spokesperson Hamid Abdul Ghafoor has said ahead of a proposed march later today: “Nasheed is always seen as a cult leader.   This is a good opportunity to test the party’s strength without just following him.”

17:29 – Minivan News has observed between 200 to 300 MDP supporters setting out to reach Chaandhanee Magu junction.  However their progress has been blocked by a truck carrying police officers.  The supporters are now believed to be heading towards the parliament.

17:35 – Local newspaper Haveeru has reported that group of MDP protesters have been split into different groups after being blocked by police.

17:42 – Local media has said that protesters have now reached the Chaandhanee Magu junction.

17:59 – Local media has reported Police and MNDF officers are now chasing protesters at Chandhanee Magu. According to Haveeru, eight people have been arrested – six male, two female.

18:09 – Sun Online has reported police have confirmed the arrest of 10 people during ongoing protests. The demonstrators are said to have been charged for obstructing police in their duties.

18:24 – Speaking to Minivan News today, Ahmed Thasmeen Ali , Leader of the government-aligned Dhivehi Rayyithunge Party (DRP) has said he believes talks scheduled to take place at the Bandos Island Resort and Spa this evening are still happening.

“To the best of my knowledge the talks are still taking place. I plan to take part myself,” he said.

Following the findings of the CNI report this morning, Thasmeen contended that the focus of the talks, which had previously outlined an agenda including discussions on potentially scheduling early elections for this year “should now change”.

“There had previously been serious contention over the transfer of power. At this point we had been willing to discuss early elections. I think these questions have now been answered [with the CNI report]. It is now time for national reconciliation,” he said.

Thasmeen added that he believed the talks would no longer focus on agreeing a date for early elections, which President Waheed has previously said under the constitution can be scheduled for July 2013.

“I think it should be possible to move on and try finding common platforms for agreement,” he said.

Thasmeen pointed to issues of alleged politicisation within the police as a concern that could be discussed.

“During the previous government I had made allegations about [former President] Nasheed’s attempts to use the police force as a political tool,” he said. “If Nasheed is also making similar accusations now, then we can look at this issue before the next elections.”

18:33 – MDP Spokesperson Hamid Abdul Ghafoor has said that party Chairperson Reeko Moosa is expected to be in attendance at the talks scheduled for Bandos Island Resort and Spa.

“He won’t have much to say as the MDP has decided to not accept the report released by CoNI,” Ghafoor contended.

The President’s Office had specifically invited the MDP chair, the party has claimed.

Ghafoor also questioned whether “constructive discussion” will be possible during the talks.

18:59 – The Maldives Police Service website has said that a group of people accused of creating unrest at today’s protests have been arrested in an raid at the Usfasgandu area.

19:08 – Police Spokesperson Sub-Inspector Hassan Haneef, when asked for clarification on the activities of protesters charged with obstructing police duty today, has referred Minivan News to the live updates section of the Maldives Police Service website (English) (Dhivehi).

“It will be quite clear from there,” Haneef responded.

20:04 – According to official police figures, 50 people have been arrested this afternoon.  All were arrested on the charge of obstructing officers in performing their duty.  Of those arrested, seven are said to be females, with one suspect identified as a minor.

Police have also confirmed that a man was stabbed in Addu City at 17:00 this evening.  He is currently being treated at Hithadhoo Regional Hospital – no political motivation was mentioned by authorities.

Suspected MDP protesters have also been accused of vandalising the attorney general’s car and removing the flag attached to the vehicle at 18:55 this evening, police have said.

20:15 – Minister of State for Home Affairs Mohamed Fayaz has told Minivan News that fears of potential unrest occurring in the country’s prisons following the release of the CNI report has not been realised.

Fayaz, who also serves as Head of the Department of Penitentiary and Rehabilitation Service (DPRS), alleged in local media earlier this week that communications between political figures and inmates had been facilitated through mobile phones smuggled into prisons to try and create unrest.

“Military fire capacity and police backup will be available on that day,” he was quoted as telling Sun Online at the time in the case of any incidents.

20:47 – Organisations including the Commonwealth, US, India, UN call for the CNI’s report outcome to be respected in light of its publication today, Minivan News has reported.

21:15 – The European Union has announced it has taken note of the release of the CNI report and the events surrounding the controversial transfer of power on February 7.

“[The EU] recalls that all political groupings had previously undertaken to respect the CNI’s findings, although the report would certainly have been controversial whatever the outcome,” said Michael Mann, Chief Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy.

“It is now more than ever essential that genuine efforts be made by all political actors to work together in the interests of the country to ensure that the democratic system is upheld; to allow the normal business of government to continue; and to prepare for free and fair elections, which should be held as soon as possible.”

22:00 – Haveeru has reported that the government has called for the Commonwealth Ministerial Action Group (CMAG) to remove the Maldives from it agenda.

The Maldives was placed on CMAG’s agenda back in February after the Commonwealth called called for a “formal” independent and impartial investigation, with the involvement of international partners, to ascertain the details behind the controversial transfer of power earlier in the month.

The decision meant the Maldives would no longer be able to participate in CMAG while it remained on the Commonwealth’s watch list.

However, with the publication of the CNI’s report today, State Foreign Minister Dunya Maumoon told local media that the government now called to be removed from the CMAG agenda immediately as a result of the findings.

“We believe that it was set on the agenda in an inappropriate manner. Several accusations and lies were directed towards the Maldives. The Maldives was included in the CMAG’s agenda through the influence of personal connections of certain individuals,” she was quoted as saying in Haveeru.

The report quoted Dunyaas saying that the CNI’s findings had backed the government’s claims that it had been brought to power under constitutional means.

“So now we know that this is a constitutional government. We don’t have to face any more accusations. It has all been cleared,” she said.

22:15 – Police Spokesperson Sub-Inspector Hassan Haneef has said police are advising people not to walk the streets in groups of more than three people.

Haneef added that groups larger than three would face being stopped and questioned by officers as part of an ongoing special operation police have said was introduced to reduce the chances of violent unrest in the country around the CNI report release.

“We have continued to advise people not to go out and commit unlawful acts,” he said.

00:39 – Police claim 13 people have been taken into custody for creating unrest. A minor is said to be among the suspects.

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