Category: Politics

CNI criticism will “complicate” resolving all-party talks: Thasmeen

The Dhivehi Rayyithunge Party (DRP) has today welcomed efforts to resume the stalled all-party talks, despite warning that any agreement on resolving political tensions in the Maldives had been “complicated” by opposition criticism of a draft report of the Commission of National Inquiry (CNI).

The all-party talks, which were last held back in June, are one track of the international community’s response to the political turmoil in the Maldives, together with the Commonwealth-backed CNI.

DRP Leader Ahmed Thasmeen Ali said today that his party had no objections to resume these all-party talks and subsequent discussions over the possibility of setting early elections.

However, Thasmeen claimed criticisms of the CNI’s findings by former President Mohamed Nasheed’s own representative on the commission threatened to compromise the chances of finding a potential resolution through dialogue.

The DRP is presently one of several parties serving in the coalition government of President Dr Mohamed Waheed Hassan.

President Waheed announced on Friday (August 24) during an official visit to Sri Lanka that he would be inviting “political parties” to attend fresh all party talks, initially launched to try and resolve an ongoing deadlock in the country surrounding the controversial transfer of power that brought him to office in February.

While welcoming fresh talks, the opposition Maldivian Democratic Party (MDP), which alleges that President Waheed came to power in a “coup d’etat”, has raised several concerns over the “conflicting statements” made by the government concerning talks of early elections and discussions on the potential outcomes of the CNI report.

The independence of the CNI’s report into the events surrounding the transfer of power on February 7 was itself today questioned by former President Mohamed Nasheed’s appointee to the commission, Ahmed ‘Gahaa’ Saeed.

Saeed alleged that certain information and evidence provided to the CNI had been omitted in a draft report of the body’s findings drawn up by the commission’s co-chair.

“There are significant gaps in the draft and it does not include evidence and statements given to the commission by many people. I believe remaining silent on the unfolding of events would be an injustice to this nation and to the people of the Maldives,” he announced today.

“Taking positions”

DRP Leader Thasmeen contended that Saeed’s comments had potentially compromised the success for all-party talks to resolve the current political tensions, as key players had now begun taking positions on the CNI’s findings before they had even been released.

“One party is now making judgements on the CNI, when the whole idea was to set out potential responses to the CNI before its findings are released,” he said. “Now people are changing their positions on how they will respond to the findings and things will be much more complicated on reaching acceptance on the report.”

Thasmeen contended therefore that “regardless of the CNI’s outcome”, all parties should accept its findings.

In moving forward with all-party talks, Thasmeen claimed that the DRP itself had no objections to the nature of potential topics on the agenda – a consideration that had seen earlier all-party talks stall on a number of occasions.

“Preconditions are not healthy in these talks, but today’s events have made things much more complicated now,” he said.

Thasmeen added at the time of press that he had not yet been made aware of whether a formal invite to the all-party talks from the president had been received by the DRP as he had been away travelling.  He added that while the DRP welcomed talks between political representatives “at the highest level”, the party would wait to see who else would be attending the discussions before nominating its own candidate to take part.

The Progressive Party of Maldives (PPM) – a government coalition partner of the DRP – last night announced it would also be accepting President Waheed’s invite to participate in talks.

PPM Leader and former Maldivan President Maumoon Abdul Gayoom told local media that the party’s decision to previously abandon the all-party talks had followed the start of what he claimed were “illegal activities” and protests carried out by the MDP.

PPM Deputy Leader Umar Naseer declined to comment today when contacted by Minivan News about the party’s participation in the talks or its response to the CNI’s findings.

While also welcoming the possibility of fresh talks today, MDP Spokesperson and MP Hamid Abdul Ghafoor claimed that President Waheed had continued to be acting “irresponsibly” by giving conflicting statements regarding his support for talks.  Ghafoor said this was seen particularly in the manner the president had addressed issues such as discussing early elections and the possible outcomes of the CNI.

“[President Waheed] has said in Colombo that is the opposition who are destabilising the country at present, but it is his own conflicting positions that are doing this,” he alleged.

Ghafoor pointed to claims made by the president in both international and local media during his visit to Sri Lanka over the last week that he said showed conflicting viewpoints with his stated desire to resume the talks.  President Waheed and his government in a number of interviews ruled out Commonwealth calls for early elections, as well as maintaining there would be no discussion on the outcome’s of the CNI until its work was completed.

“We would welcome the all-party talks. On August 14 we proposed discussions on three potential outcomes of the CNI. By August 18 we had got a reply from the government, who have since then been giving conflicting statements to the media,” Ghafoor claimed. “[President Waheed] has now called for all parties to join in talks and discuss the previous six point agenda, which includes the issue of early elections. He has also said that early elections are out of the question as the Commonwealth doesn’t understand the present situation.”

Following Saeed’s statement today, the MDP convened an emergency meeting of its National Council, where a resolution expressing concern on the draft CNI report was adopted with unanimous consent.  The resolution was proposed by former minister Mohamed Shihab and seconded by MP Mariya Ahmed Didi,

Despite the party’s criticism of the investigation, Ghafoor contended that there remained time to find consensus among the members of the CNI panel concerning the findings before they were released to the public on Thursday (August 30).

“The CNI report should be something that all its members have to agree upon so without MDP’s word, the report would not be authentic,” Ghafoor said. “There is a draft out there that appears to conclude that there was no police mutiny [on February 7], this is just not acceptable given what the public saw,” he claimed.

President’s Office spokesperson Abbas Adil Riza and Media secretary Masood Imad were not responding to calls by Minivan News at the time of press.

However, speaking to local media following the release of Saeed’s statement today, Abbas claimed that Nasheed’s representative on the CNI panel had “violated” the agreement with the Commonwealth concerning disclosing details of the investigation.

“The Commonwealth agreement Nasheed signed states that a Singaporean judge will reside in CNI. No one must interfere with the work of the commission and also states that everyone must accept the findings of the commission,” he was quoted as saying in newspaper Haveeru. “But the representative from Nasheed sharing the draft report with the public is an indication that Nasheed does not respect any agreement.”

Abbas reportedly added that as a draft report, the CNI members still had room to discuss finalising the findings before their release.

Discussion focus

The previous round of the UN-mediated all-party talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

Following the Bandos retreat meeting, Convenor of the All-Party talks, Ahmed Mujuthaba, acknowledged the lack of progress and suggested that “In the end, the most senior political leaders will need to create an atmosphere conducive to discussions, and come together prepared to work in good faith.”

Earlier this month, informal parliament-initiated talks – running parallel to the formal All-Party talks – were deemed to have stalled after participants failed to reach a consensus on resolving wider ongoing political deadlock and the suspension of the People’s Majlis.

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Waheed to visit China to enhance trade

President Mohamed Waheed Hassan has revealed his plans to visit China on an official state visit next week, highlighting the continued significance of the nation to Maldivian interests.

“China is a fast developing nation and most products are being made there. Both small and larger countries are trying to establish trade ties with China. Hence we should also follow suit,” Waheed told local media upon his return yesterday from a state visit to Sri Lanka.

The last official state visit by a Maldivian President to China came in May 2010 when Mohamed Nasheed visited the Shanghai World Expo.

Nasheed met Chinese President Hu Jintao during his trip, Dr Waheed is himself reportedly expecting to meet Prime Minister Wen Jiabao next week.

The Foreign Ministry has said that more information about the visit would be released to the media in the coming days.

Ministry of Economic Development’s figures show that imports from China have more than doubled between 2010 and 2011, reaching US$68.9 million dollars.

Maldivian exports to China were reported to total just $26,000 last year, consisting largely of fisheries products.

Vice President of the Maldives National Chamber of Commerce and Industries (MNCCI) Ishmael Asif explained that the potential of Sino-Maldivian ties could be better realised through increased awareness of nature of the island nation.

“The Chinese are yet to understand logistics in the Maldives, including its politics,” he said. “We are trying to educate them on these things.”

He added that efforts were already being made in the field of education in order to “help us understand one another’s culture.”

In addition to trade ties, China has become increasingly important to the Maldives’ in terms of interest from tourists.

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

Official figures 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.

“Most tourist arrivals to the Maldives are from China. More than 200,000 tourists come to the Maldives from China. Hence we must establish a close relationship with the country,” Waheed told reporters yesterday.

Asif added that there were great possibilities for Chinese investment in the Maldives’ tourism sector.

“For example, we have no Chinese hotel in the Maldives,” he said. “They are very interested in investment.”

The MNCCI  – whose remit is to promote trade and business in the Maldives – has had an office in Chengdu for two years. Chengdu, in Szechuan province, is the departure point for most Chinese visiting the Maldives, explained Asif.

In the wake of the rapid expansion in tourism links, closer ties have developed in the fields of aviation and diplomacy.

The rise of Mega Maldives Airlines has been particularly notable in recent years. The company, started in 2010, has more than doubled in size in the last year – operating charter flights between the Maldives and five Chinese destinations, as well as Hong Kong.

In April, the company conducted a travel road show in partnership with the Maldives Ministry of Tourism.

The company reported the cancellation of some flights after the political unrest in the Maldives in February. Although arrivals figures bounced back, the Maldives still remains on the Hong Kong Security Bureau’s travel alert system.

Disturbances in the capital at the time included the destruction of the National Museum’s pre-Islamic display. The Museum itself was a gift from China in 2010.

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.

When asked by a reporter 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.

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No restrictions as UK updates Maldives travel advisory over potential CNI unrest

The UK Foreign and Commonwealth Office (FCO) has updated a travel advisory for the Maldives on August 24 to account for potential violent clashes linked to the release of findings by the Commission of National Inquiry (CNI). Despite the update, the advisory has not recommended any restrictions regarding travel to the Maldives.

A statement on the official website of UK Foreign and Commonwealth Office stated that there was a risk of unrest that may become worse after the Commission of National Inquiry (CNI) releases its report on the controversial transfer of power on February 7.  The CNI is charged to look into the controversial transfer of power on February 7 that brought President Dr Mohamed Waheed Hassan into office.

‘’There have been political demonstrations in the capital island of Male’. There is currently an increased risk of unrest and this may heighten towards the end of August when a politically significant report is expected to be released,’’ the statement said.

‘’Some previous demonstrations have resulted in violent clashes involving police, military and demonstrators. We advise that you stay alert, exercise caution and avoid demonstrations and spontaneous gatherings.’’

Meanwhile, in a video statement posted Friday (August 23), the UK High Commissioner for the Maldives and Sri Lanka, John Rankin, said that he would not like to speculate on the contents of the CNI Report before it is released when he was queried whether he thinks it will be fair.

“The UK follows the events in the Maldives closely and I and my team visit their on a regular basis. It will be wrong for me to speculate on the contents of the CNI report, we look forward to seeing it when it comes out,’’ Rankin stated in the video.

‘’But in the meantime we urge all the parties to remain clam, for people to refrain from violence. And for there to be a political dialogue, UK remains in touch with all the parties and our shared goal is for stability, peace and democracy for the Maldivian people.’’

Ahmed Adheeb Abdul Gafoor, Minister for Tourism, Arts, and Culture and Deputy Tourism Minister Mohamed Maleeh Jamal were not responding to calls by Minivan News at the time of press regarding the update to the FCO advisory. The Maldives Association of Tourism Industry (MATI) Secretary General ‘Sim’ Mohamed Ibrahim was also not responding to calls at the time.

Following February’s controversial transfer of power, the UK FCO advised against “all but essential travel to Male’ island” in reaction to violent clashes at the time between security forces and protesters against the new government of President Dr Mohamed Waheed Hassan.  Former President Mohamed Nasheed and his Maldivian Democratic Party (MDP) have alleged that the present government of Dr Waheed came to power at the time in a “coup d’etat”.

In the ensuing clashes, the travel industry was quick to respond at the time that there had been no violence or unrest at the country’s main airport, from where guests are transferred to their resorts safely without having to travel through the capital of Male’ where protests had been mainly based.

Kuoni, which is one of the largest European tour operators working in the country, continued to fly UK customers to the country without incident, yet urged caution for tourists staying in Male’, while cancelling all excursions to the capital.

The United Kingdom was the source of tourists to the Maldives before 2010, before being overtaken by China. In 2011, however, the UK market still represented 11.2 percent of all arrivals in the country.

The travel advisory was followed by similar moves from major European travel markets such as Germany. These advisories were removed by the respective authorities as of March 2012.

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President Nasheed’s representative to CNI alleges February 7 draft report missed several facts

Former President Mohamed Nasheed’s representative on the Commission of National Inquiry (CNI), Ahmed ‘Gahaa’ Saeed, has today expressed deep concern over the draft report compiled by investigation’s co-chair, retired Singaporean Judge G P Selvam.

In a brief statement provided to media today outside Muleeaage, Saeed said that the draft report produced by Selvam “somewhat refutes or denies what we Maldivians saw and experienced” on February 7.  Former President Nasheed resigned during the day under what he later claimed was “duress” after elements of police and the army mutinied at Republic Square.

“I accepted membership of the Commission of National Inquiry with the weight of responsibility of carrying the hopes of you, the Maldivian people. The Maldivian people saw the first democratic government formed under the constitution adopted in 2008 as a good reform – a golden opportunity to revise the constitution and establish a democratic system and rule of the people. [The people] saw it as an opportunity to move away from the culture of arresting and banishing previous rulers and establishing a culture of changing governments through the vote and not through coup d’etats,” Saeed said today.

“February 7, 2012 was a day that shocked Maldivians – a day when the Maldivian government was changed in a sudden confusion. Now, however, the report that Judge Selvam has drafted and brought is a draft that somewhat refutes or denies what we Maldivians saw and experienced – or a draft that somewhat confuses things, the way it is now.

“While this is happening, for me to stay here, at Muleeage, would I believe be a betrayal of my country and the Maldivian people. I see the draft report as having been written without considering the witness testimony of many, many people to CoNI as well as the many scenes we saw.”

Saeed added that he would continue to work to “include my concerns” in the final report. He was not responding to calls from Minivan News at time of press regarding his comments.

Following Saeed’s statement, the formerly ruling Maldivian Democratic Party (MDP) convened an emergency meeting of the party’s National Council.

A resolution proposed by former minister Mohamed Shihab and seconded by MP Mariya Ahmed Didi expressing concern in line with Saeed’s views on the draft report was adopted with unanimous consent.

Speaking to Minivan News, MDP Spokesperson Hamid Abdul Ghafoor said that the information in the current “domestic draft” report was not acceptable.

“What [Saeed] is saying is that they have omitted several details that they found from the investigations, so he is asking to make the report accurate in reflecting this,” he explained.

However, he observed there was room for the CNI’s findings to still find consensus before its public release on Thursday (August 30).

“The CNI report should be something that all its members have to agree upon so without MDP’s word, the report would not be authentic,” Ghafoor said.

“There is a draft out there that appears to conclude that there was no police mutiny [on February 7], this is just not acceptable given what the public saw,” he claimed.

President’s Office spokesperson Abbas Adil Riza and Media secretary Masood Imad were not responding to calls by Minivan News at the time of press.

The first three-member CNI was appointed by President Mohamed Waheed, following a police and military mutiny and Nasheed’s resignation on February 7. Both Nasheed and the MDP allege that his resignation was made under “duress” and was therefore a “coup d’état”.

Facing pressure from the Commonwealth and civil society NGOs, the government eventually agreed to reform the commission to include a retired Singaporean judge and a representative for Nasheed.

Nasheed’s representative, Saeed, who was formerly both Principal of ‘Ahmadiyya School’ and Deputy Principal of the British College of Sri Lanka was finally accepted after the government of President Waheed rejected almost 11 names Nasheed proposed to the commission.

The original members of the CNI subsequently released a ‘timeline’ into events that took place from January 16 to February 7.

The MDP accused the commission of trying to prejudice the work of the new commission, and then released its own version of events in response – the ‘Ameen- Aslam’ report based on interviews with the security services. The government described the publication of this report as a “terrorist act”.

An audio clip of Saeed’s statement

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MDP alleges “mutinying” police officers planning Male’ “havoc” as attentions turn to CNI conclusion

The Maldivian Democratic Party (MDP) has alleged mutinying sections of the police plan to create unrest and violence on the streets of male’ as senior politicians begin contemplating the release of findings by the Commission of National Inquiry (CNI) next week.

The opposition party has claimed “rumours”were being spread across the nation by “mutinying” officers that certain sections of the police planned to take to the capital’s streets to create “havoc” as the CNI’s findings were released to the public in order to “protect” the current government. In a statement, the MDP said it was calling on the nation’s police and military institutions to be vigilant over accusations that certain officers may try to use violent tactics to create instability.

The CNI, formed by President Dr Mohamed Waheed Hassan to investigate the controversial transfer of power that brought his government into power on February 7, is set to publicly release its findings on Thursday (August 30).

Senior figures on both sides of the country’s political divide have in recent days been addressing the potential for violence between protesters and national security forces once the outcome of the CNI’s investigation is known.

Speaking to local media this week as part of coverage of his official visit to Sri Lanka, President Waheed said that no party will be allowed to create unrest in relation to the CNI report and its findings.

President Waheed, during the trip, has also continued to reject opposition allegations that he had come to power in a “coup d’etat”, claiming in the international media that the Commonwealth has been “premature” in its calls for elections to be held during 2012.

“Since they made the demand, these people (the Commonwealth) have come to their senses,” the president was reported by the Agence France-Presse (AFP) news service as telling media gathered in Colombo. “The Commonwealth has realised that they made a demand that cannot be met. It was a premature demand.”

The Commonwealth Secretariat was not able to respond to queries by Minivan News at the time of press. President’s Office Spokesperson Abbas Adil Riza was also not responding to calls to clarify the comments.

The president yesterday announced that he would also be inviting political representatives to fresh All Party talks within the next few days. However, the government has maintained that it would not discuss potential outcomes of the CNI until the commission’s findings are released.

The President’s Office last week said the government was not considering “special” preparations to address the findings of the Commission of National Inquiry (CNI), adding it not expect any “abnormal” outcome from the report that would see its legitimacy questioned.

“Irresponsible”

MDP Spokesperson and MP Hamid Abdul Ghafoor has claimed that the government was “irresponsible” for not agreeing a “ managed transition” in order to set out a plan to deal with the potential outcomes from the CNI’s findings.

Despite having previously agreed on August 14 to a proposal to discuss three different potential scenarios regarding the CNI’s conclusions, Ghafoor alleged the government has failed to respond to the suggestion by August 18 as promised by Vice President Mohamed Waheed Deen at the time.

“It is the responsibility of the government to address how to move forward with the CNI outcomes. So far we are the only ones to propose a possible solution,” he said. “What happens if the CNI should rule it was a coup? We would then have a situation where the people who are in power having to take action against themselves.”

However, the MDP’s allegations that certain elements within the police were potentially planning acts of violence in the country were condemned by the Maldives Police Service (MPS) today.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan New that the party’s comments reflected what it said were attempts by former President Mohamed Nasheed to “erode public trust” in the police and create “fear” among the general public.

“The police are always professional. Right now we are taking precautions regarding information we are receiving,” he claimed

Haneef added that the authorities would be stationing officers around the country, adding that the police would “not tolerate unrest”.

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Nasheed “highest authority liable” for Judge Abdulla detention: HRCM

The Human Rights Commission of the Maldives (HRCM) has concluded former President Mohamed Nasheed was the “highest authority liable” for the military-led detention of Criminal Court Chief Judge Abdulla Mohamed.

Along with Nasheed, the report concluded that the former president’s Defence Minister, Tholhath Ibrahim Kaleyfaanu, was a second key figure responsible for the decision to detain Judge Abdulla on January 16.

The commission stated that the judge was not physically harmed during the 22-day detention at the military training island of Girifushi.  However, the HRCM did claim that the government had “violated his human dignity” and made attempts to manipulate the judge through a psychologist who visited him at the facility where he was detained.

These alleged attempts at manipulation were said to include efforts to remove the judge from his senior position, as well as forcing him to leave the country, the commission’s findings stated.

“The investigation reveals the highest authority liable for the arrest and detention of Judge Abdulla at Girifushi, as well as depriving him of fundamental constitutional rights, is former President Mohamed Nasheed.  Under him was the former Minister of Defence and National Security Tholhath Ibrahim Kaleyfaanu who gave orders to the Maldives National Defence Force (MNDF),” the HRCM added.

“Furthermore, as this operation was carried out by the MNDF, the [commission] believes that the Chief of Defence Force, Moosa Ali Jaleel should take responsibility.  Those who issued unconstitutional orders and those who obeyed the orders must also share responsibility on various levels,” the commission added.

The commission’s findings released on Tuesday (August 21), concluded that Judge Abdulla’s arrest was a clear violation of both the country’s laws and its constitution.  The report also stated that judge’s human rights and fundamental freedoms, guaranteed under international law, were also denied.

HRCM explained that its investigation had found that the pair were both behind the “unlawful orders” to approve the judge’s arrest, which was a violation of article 46 of the Constitution, particularly violation of Article 12 clause (a) of the Judges Act.

Article 44 of the Maldives Constitution states: “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Article 12 clause (a) of the Judges Act states that a judge can be arrested without a court warrant, but only if he is found committing a criminal act. The same article also states that if a judge comes under suspicion of committing a criminal act or being about to commit a criminal act, they can only be taken into custody with a court warrant obtained from a higher court than that of which the judge presently sits on.  This warrant has to be sought by the prosecutor general.

However, the commission observed that the warrant was not obtained.  Additionally, orders to release the judge by the Supreme Court, High Court, the country’s lower courts and the prosecutor general were ignored.

Both Nasheed and Tholhath, alongside former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are already facing charges for their alleged role in detaining Judge Abdulla in January.

The charges include a breach of article 81 of the Penal Code: “Arresting an innocent person intentionally and unlawfully by a state employee with the legal authority or power vested to him by his position is an offence. Punishment for a person guilty of this offence is imprisonment or banishment for 3 years or a fine of MVR 2000 (US$129.70).”

These charges were filed by the Prosecutor General’s Office in July, based on the findings of HRCM investigation, which were not publicly released at the time.

The judge was arrested by the military on request of police after he blocked a summons to present himself to the police headquarters for questioning and later opened the court outside normal hours to order the immediate release of current Home Minister and Deputy Leader of the Dhivehi Quamee Party Dr Mohamed Jameel Ahmed.  Jameel was arrested after the President’s Office requested an investigation into so-called “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

The government contended that the judge was a “threat to national security” after he lodged an appeal at High Court to cancel police summons, which granted an injunction until it reached a verdict on the appeal.

The Nasheed administration accused the judge of political bias, obstructing police, stalling cases, having links with organised 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.

In August 2010, the judge was publicly accused by the police of “obstructing high-profile corruption cases.”

However, the commission’s report concluded that its investigation proved that Judge Abdulla was not a threat to national security, on the grounds that no meeting of the National Security Council was held at the time.

The Commission also observed that its requests and attempts to visit Judge Abdullah were unfulfilled by the MNDF and government.  Conversely, it  deemed the arrest as an attempt to “influence” his role as Criminal Court chief judge.

The HRCM report also identified what it called breaches of multiple rights and freedoms of Judge Abdullah during the detention process.  These were said to include; the right to be treated equal before law and right to the equal protection and benefit [article 20];  right to life, liberty and security [article 21]; freedom to travel or move within and outside the country [article 41]; Procedurally Fair and and lawful administrative action [article 43];  the right to be to be informed immediately of the reasons for detention and to be brought within24 hours before a Judge [article 48(a) and  (d) ]; right to the assistance of legal counsel [article 53] and no subjection to cruel, inhumane or degrading treatment or punishment, or to torture under [article 54].

Furthermore, it noted that the arrest of the Judge contravened section 8 of the Universal Declaration of Human Rights which states: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

Furthermore, violations were said to include, the right he “not be subjected to arbitrary arrest, detention or exile” [section 9] and similarly not being subjected to arbitrary interference with his privacy, family, home or correspondence, nor to suffer attacks upon a person’s honour and reputation. Everyone has the right to the protection of the law against such interference or attacks [section 12].

HRCM has also observed that “anyone who is deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful” under section 9(d) of the International Covenant on Civil and Political Rights and the same declaration, section 10(a) states that: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”

It also states that the “Declaration on the Protection of all Persons from Enforced Disappearance” prohibits the arrest, detention or abduction of a person against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.

“Therefore, the [arrest of Judge Abdullah] was carried out in contravention of the aforementioned rights and freedoms guaranteed under the international declarations.” the HRCM concluded.

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“The good news is that the Maldives is not about to disappear”: President Waheed

“First of all, I want give you a bit of good news. The good news is that the Maldives is not about to disappear,” President Dr Mohamed Waheed Hassan has told a group of Sri Lankan businessmen in Colombo yesterday, according to media reports.

Speaking during his official state visit to the Maldives’ closest neighbour, Waheed told an assembled group of business heads at the Hilton Colombo hotel that the country could mitigate the effects of climate change and global warming.

Waheed made the comments in an attempt to assure his audience in Colombo yesterday that steps were being taken to stabilise the political climate in the country, as well to retain investor confidence.

The President said that large sections of the state budget were currently being spent on combating coastal erosion, providing clean water for the islands and developing renewable energy to minimize overall expenditure.

Since assuming the presidency, Waheed has pledged to work towards the previous administration’s carbon neutrality strategy, while also announcing intentions to make the Maldives the world’s largest bio-reserve.

There has also been discussion of a green energy fund to raise US$100 million for renewable energy projects through voluntary tourist contributions.

The country’s energy sector had been headed for a dramatic overhaul this year before the political instability surrounding February’s transfer of presidential was claimed to have deterred potential investors in such a project.

The Scaling-Up Renewable Energy Programme (SREP) promised to attract up to $3billion in risk-mitigated renewable energy investment and reduce the Maldives’ dependency on imported oil.

The environmental obstacles besetting the low-lying archipelago had been championed by former President Mohamed Nasheed, who garnered international media attention with his underwater cabinet meetings and a promise to make the country carbon neutral by the year 2020.

Nasheed’s media campaign was covered in the documentary film, “The Island President”, which highlighted his negotiations at the 2009 Copenhagen Climate Summit.

Before assuming office, Nasheed told international media that he had discussed the idea of purchasing land in Sri Lanka, amongst other nations, “as an insurance policy for the worst possible outcome.”

Investor Confidence

Waheed assured his audience in Colombo yesterday that the government was also focused on bolstering investor confidence.

Threats to renationalise Ibrahim Nasir International Airport (INIA) – currently being developed by Indian company GMR – have recently brought calls from within the national-unity government for greater consideration of the longer-term impact on foreign investment.

President Waheed is also reported as having told Sri Lankan media that both the economy and the tourism industry, which indirectly contributes around 70percent of GDP, were growing.

A President’s Office statement, however, has reported that Waheed told the group gathered at the Hilton that there had been a decline in the tourism industry recently.

The Tourism Ministry’s most recent figures show that, compared with the same point in 2011, tourist arrivals were up by 2.8 percent, whilst occupancy rates had dropped 1.2 percent.

Figures published by the Maldives Monetary Authority (MMA) show that the economy was expected to grow by 5.5percent this year, a slight slow down on the previous year.

Tourism Minister Ahmed Adheeb, who is accompanying President Waheed to Sri Lanka, was unavailable for comment when contacted today.

At present, a key economic concern to the government is the current budget deficit, anticipated to reach MVR9.1billion (US$590million) – over 28 percent of nominal GDP.

Haveeru reported that Waheed has informed the Sri Lankan press of austerity measures which were delivered to the Majlis by the Finance Ministry earlier this month.

The Sri Lanka Daily News meanwhile reported that he was in the process of finalising agreements which would strengthen bilateral ties in trade and investment as well as the legal and the educational sectors.

Minister for Economic Development Ahmed Mohamed and President’s Office Spokesperson Abbas Adil Riza were not responding to calls at the time of press.

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Maldives Police Service to establish Law Enforcement Institute

The Maldives Police Service (MPS) has said it soon expects to open a Law Enforcement Institute in Male’, providing officers with opportunities for further education up to degree-level.

Police Commissioner Abdulla Riyaz, speaking during a speech at the certificate awarding ceremony of the 21st Police Recruit Training Course, discussed ongoing plans to establish a career path in law enforcement.  He claimed the institute, to this end, would aim to provide officers with the opportunity to complete studies up to First Degree Level.

Speaking to Minivan News today, Police Sub-Inspector Hassan Haneef said that the establishment of a Law Enforcement Institute in Male’ had been a long-term plan for the institution.  The institute is expected to to be officially opened soon, he added, with the MPS planning additionally to open up the courses to interested members of the public as well.

According to a release on the official MPS website, Commissioner Riyaz also spoke of the importance of all officers speaking to members of the general public with due respect.

Riyaz also said that the country was now in a politically sensitive period after having recently come through a lot of social and political changes, and that it was the responsibility of the police to maintain the nation’s unity. He added that completely new offences were now being committed in the country – particularly at a time when crime rates were at a record high.

Riyaz said that police were also facing challenges due to instances where officers, in trying to maintain peace, were being obstructed and harassed in the course of their work. He also claimed that police officers faced physical harm and even death due to such actions.

The comments were made as the role of the police force in the Maldives, particularly during February’s controversial transfer of power, faces scrutiny from institutions including the Police Integrity Commission (PIC) and the Human Rights Commission of the Maldives (HRCM).

Earlier this week, the HRCM claimed a police crackdown on a Maldivian Democratic Party (MDP) march across Male’ on February 8, which left dozens of demonstrators injured was “brutal” and “without prior warning,” in an investigative report (Dhivehi) released to the public.

The Police Integrity Commission (PIC) has meanwhile stated its own intention to release findings from ongoing investigations into alleged breach of laws and regulations by officers during the lead up to and in the direct aftermath of February’s controversial transfer of power.

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HRCM’s report claims Nasheed’s life was never in danger during resignation

The Human Rights Commission of the Maldives (HRCM) in a report investigating alleged human rights violations on February 6 and 7 has said former President Mohamed Nasheed’s life was not in danger at the time of his resignation.

“The investigation did not find that anyone had tried to assassinate President Mohamed Nasheed during the time he spent inside Bandaara Koshi – the Maldives National Defence Force (MNDF) headquarters – on February 7,” the HRCM concluded.

According to the report, the commission was requested to investigate claims that the former president’s life was in danger while he was inside military barracks.  The request was made on April 11, 2012 by the chair of parliament’s Independent Institutions Committee, MP Mohamed ‘Kutti’ Nasheed,

The HRCM report was compiled based on the findings of its own investigations, which included witness statements from the police and the MNDF, media reports, video and photographic evidence as well as eyewitnesses accounts from representatives of all political parties.

However, the commission noted that despite repeated attempts, Nasheed refused to cooperate with the investigation, which forced them to compile the report without his statement or account of events leading up his resignation.

The report focused on six areas: the incidents that took place at Male’s Artificial Beach area on the night of February 6; vandalism of the former ruling Maldivian Democratic Party (MDP) Haruge camp or gathering spot by rogue police officers; the attack on private broadcaster Villa TV (VTV); incidents that took place at the Republican Square on February 7; the storming of the compound of state broadcaster Maldives National Broadcasting Corporation (MNBC) by police and army officers; and Nasheed’s claim that mutinying or rebellious officers tried to lynch him inside the MNDF headquarters.

Clashes at artificial beach

On the night of February 6, demonstrators from the ‘December 23 coalition’ of eight political parties of the then-opposition were facing off supporters of the MDP at the artificial beach, following three weeks of opposition protests that saw attacks on journalists of the state broadcaster MNBC and MDP-aligned Raajje TV as well as vandalism of a minister’s residence.

The HRCM report contended that the violence that took place on February 6 at the artificial beach area was triggered by an “unlawful” order directly from President Nasheed for riot police to withdraw from the protest zone.

The commission noted that article 6(d) of the Police Act clearly states that the police must maintain safety and public order while article 6(h) states that police should maintain order at venues set up for public use or gatherings.

The order for police to withdraw from the artificial beach area was therefore in violation of the law and constitutional provisions, the HRCM report stated.

“[…] despite repeated advice given by the police officers on ground that it was not a good move for the police to abandon the scene, the Home Minister and several senior officers from the police ordered the police to leave the area in violation of the aforementioned clauses, which resulted in police not being able to fully carry out their duty,” the HRCM report stated.

The police eventually left the area after MNDF officers arrived at the scene, but the commission’s report claimed that the incoming military officers also retreated soon thereafter, leaving the rival protesters to throw stones at each other for 15 minutes.

“Despite article 7(b) of Maldives National Defence Force Act setting provisions to defend and protect the Maldives’ independence and sovereignty, as well as protecting the national interests of the country, the MNDF officers at the order of the president, left the scene even when it was evident that the tensions between the two protesting group would give rise to violence,” the report stated.

HRCM noted that the MNDF failed to take adequate measures to prevent the violent confrontation.

“Due to this, the protesters were dispersed after several participants got severely injured from the violence that began.  Therefore the MNDF had failed in carrying out their legal duty,” the findings stated.

The report also noted that senior police officials tried to obstruct officers who left the police headquarters at the Republic Square when they heard of the clash between the protesters.

It also claimed that the police did not take any action to confiscate items that the protesters wielded at the time, which could have been used as weapons despite officers having knowledge about it.

The commission, based on the findings, has urged the MNDF, Maldives Police Service and the Police Integrity Commission to investigate and take action against those officers who obeyed the “unlawful” order and also called on the political parties to be more responsible in carrying out their activities.

Vandalism of MDP Haruge

Based on the information collected from the members of MDP present at Haruge during the time of the alleged police vandalism, the report stated that about 30 police officers in Special Operations (SO) uniform entered into premises at a time between 12:00am to 12:30am in the early hours of February 7.

“Police entering into Haruge smashed plates, toppled a bondibai (traditional Maldivian rice pudding) buffet, overturned a pickup truck inside the premises, brought down the MDP podium and attacked one person, while another person was grappled and thrown against a wall, after which he had to seek medical assistance from ADK Hospital,” according to information provided by MDP.

The report also stated that former State Minister for Home Affairs, Mohamed ‘Monaza’ Naeem was attacked by the police, while one person present was pepper sprayed in the face as the police officers present hit another individual on the back with a chair.

The MDP, in the information given to the report, also claimed that the police had smashed the window of the Maldives Media Council office with a baton before they left the area.

Attack on Villa TV

The HRCM in its report, highlighted that private broadcaster Villa Television (VTV), owned by the now government-aligned Jumhoory Party (JP) leader Gasim Ibrahim, was attacked by two men who had attempted to set the station on fire.

“On the night of February 6, a group of people attacked Villa TV and set fire on some parts of the building and this instilled fear and chaos within the employees of the station, who had suffered psychologically,” the report stated.

The report noted that the station suffered damages to the building’s structure, as well as the broadcaster’s equipment.

The HRCM also highlighted that police, who were asked to ensure the security of the premises following previous requests, were not present when the attacks took place.

“Following the instability in Male’ and with numerous threats received to the station, the company running the station had requested assistance from the police for security and police kept guarding the premises.  However, the police officers who were to be present at the station for security purpose were not there when the attacks took place on the night of February 6,” read the report.

The HRCM requested that the Maldives Police Service and the PIC investigate the matter and take action against those found responsible.

Incidents at Republican Square on February 7

HRCM observed that after vandalising MDP Haruge, the mutinying officers headed back to the Republican Square area of the capital.

“An order was issued to all the police officers who came from artificial beach to assemble in the Republican Square in the helipad area.  Meanwhile officers who were not in uniform and those in working uniform were ordered to be present on the third floor of the police headquarters building by Deputy Commissioner of Police Ahmed Muneer,” it read.

The police who had assembled were told by the Deputy Commissioner of Police Ahmed Atheef that certain officers had disobeyed their orders and therefore should be responsible for any circumstances that were to arise from their action.

“There were claims that the police institution was falling apart because of the ongoing corruption within, including drug issues and other concerns, and that complaints over the issues were retained in the middle management which meant the police officers had to rely on the middle management.  The police officers at the scene decided not follow any unlawful orders and to demand the commissioner of police to not to take any action against officers following their actions,” read the report.

The report claimed that the police officers, when they heard the news that the MNDF were coming to arrest them, came to alert their colleagues and claimed that they were prepared to confront the military officers.

Initially the commissioner of police refused to meet the mutinying officers, but later agreed to meet them at the police barracks in Iskandhar Koshi (IK).

“When the Commissioner of Police (CP)’s secretary came and requested that the officers go to IK to meet him, the police stood up to go, but when the MNDF were instructed to go to there without their shields, arms and riot gear, the police changed their mind and demanded the commissioner of police to meet them at the Republican Square,” the report claimed.

Police who had given information to the report claimed that the officers were exhausted and very hungry after the continuous duty from the night of February 6, adding they could only go to toilet with an authorized officer.

At about 06:08am, President Mohamed Nasheed arrived to Republican Square to talk to the mutinying officers.

The report claimed that Nasheed had told the officers that they had committed a “very despicable act” and to hand themselves over to MNDF, but the officers responded saying “no sir!”

Nasheed later left the area and went inside Bandaara Koshi (BK), the MNDF barracks.

At 8:00am, police in the report claimed while they were reciting the police oath, a group of protesters with metal rods and wooden sticks came barging into republican square chanting “arrest Baaghees (rebels)”.

They claimed that in the group of protesters, MDP MPs including MP Eva Abdulla, MP Ahmed Easa and MP Mohamed Shifaz were present.

“When the group entered into the Republican Square, police confronted the group with their battons and claimed that when the violence arose, confrontations were going on even between civilian groups,” read the report.

The HRCM said the constitution, in article 46, stated that a person could be arrested only if they are found committing a crime; there was valid reason to believe they may commit a crime, there were evidence that a suspect had committed a crime or a court order had been issued approving such an action.

“…but the MNDF under the direct order of the president tired to arrest police officers who assembled at the Republican Square under the order of senior officials of police,” the report highlighted, implying that Nasheed’s order was unlawful.

The report highlighted that the situation escalated because of Nasheed’s alleged unlawful orders and because of it, a lot of civilians and police officers suffered injuries of varying nature.

Raiding of MNBC

At about 6:00am, the HRCM said were rumours were circulating that anti-government protesters were planning on entering the offices of state broadcaster, the Maldives National Broadcasting Corporation (MNBC), to take over the station.

The report claimed that on the night of February 6, a group of civilians with batons and sticks who had previously been in the MDP Haruge area were inside the MNBC offices, claiming to be on guard for an impending raid from the mutinying police and anti-government protesters.

Police officers arrived to the station in the morning of February 7, but were attacked from the civilians present, who were claiming to be handling the security of the station.

“Confrontations took place between police, who came in a pickup truck to MNBC building, and the civilians.  The civilians attacked the police with ground chili and other objects, including wooden sticks and stones, which forced the police to leave,” the report read.

According to the report, the police attempted to take over the station twice, succeeding the third time when they came along with several civilians who were presumed to be anti-government protesters.

It also claimed that the civilians who entered into the premises used foul language towards the employees of the station, with one civilian quoted by the report stating; “you’ve spread enough lies”.

The report claimed that the first person to enter the newsroom was a civilian with a metal rod, who entered the room and ordered all the staff to leave. However, the police later entered and told staff that they were present, but not to attack any employees.

People who entered into the MNBC offices then ordered staff to change the station’s feed to private broadcaster VTV’s feed.

“A person who claimed to be the representative of the vice president, along with a person representing the opposition came to the station and said that ‘from now onwards there will be no MNBC and the station would now be called TVM,’ and the name was changed following the demand,” read the report.

The HRCM, in the report, requested that police and the Police Integrity Commission look into the unlawful actions carried out by both the civilians and the police officers.

Alleged attempt to lynch Nasheed

Following remarks made on April 11 during a parliament committee meeting held with the members of HRCM, several MPs posed questions to the HRCM to determine whether they had knowledge that the opposition had plans on “lynching” Nasheed on the day his government was toppled.

Following the remarks, the HRCM in its report stated that it had questioned the police, the MNDF and Nasheed’s bodyguards.

The report also claimed that it had analysed statements that Nasheed gave to media after his resignation, however it said that no information from Nasheed was included in the report as he did not provide a statement.

Nasheed’s bodyguards in the report claimed that there was no threat posed to Nasheed’s life or any of his family members.

“When people call for the resignation of the president, it is not deemed to be a threat to his life, and it was not a situation where any extra measures have to be taken and if he had wanted to go out, it could have been arranged.  If the president sees a threat posed to him, the people whom he should first inform are his bodyguards, but the president had never said anything about a threat,” read the report.

The report added that the president had asked the MNDF officer if his family were safe, to which the officers replied that the family was safe and bodyguards were with them for protection from any impending harm.

“When Nasheed went to the Presidents Office from the MNDF barracks [to resign], there were a large crowd of people gathered near the car chanting disapproval of him, and some of the people in the crowd threw cigarette butts towards his car but despite how bad the situation was, Nasheed would have been easily transferred safely to anywhere he wished to go, and the MNDF officers had made way within the crowd gathered for his car to safely pass,” it read.

The report also stated that some military officers who had rebelled had “smacked” his car while he was being taken to the President’s Office on several occasions, but it was still a safe situation.

It also said that the President’s Office, when Nasheed arrived, appeared to be calm, with no signs of unrest inside the building at all.

“The commission finds in the investigation that following the obeying of orders given by President Mohamed Nasheed against the constitution, the international conventions, the police and military act by senior officials of the MNDF and Police, the chain of command among the police and military was broken, several MNDF and police officers and civilians got injured and large amount of public property was damaged.  Several rights were also compromised.

“The investigation also finds that there was no threat posed to President Mohamed Nasheed while he was in the MNDF Barracks on the day of February 7,” the HRCM report concluded.

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