Civil Court orders JSC to reassess the eligibility of judge dismissed for assault

The Civil Court on Sunday ordered the Judicial Judicial Service Commission (JSC) to reevaluate the qualifications and eligibility of Raa Atoll Maakurathu Court Magistrate Adnan Hussain, who was dismissed in 2010 for failing to meet the “high moral character” required of a judge.

The court issued the ruling following a suit filed by Magistrate Adnan Hussain, claiming he was disqualified unconstitutionally. He had also asked the court to order the JSC to reimburse his full salary and privileges from August 2010 until now.

During the reappointment of judges in 2010, in which all but a few sitting judges in the lower courts were given life tenure, the JSC decided to disqualify Adnan Hussain and several other judges as he had failed to meet the “high moral character” requirement stipulated in article 149, due to prior conviction for assault.

In addition to the qualifications specified in Article (a), the judge should “not [have] been convicted of an offence for which a hadd is prescribed in Islam, criminal breach of trust, or bribery”, according Article (b) section 3.

However, on Sunday the court contended that the offence of assault “does not constitutionally necessitate [his] dismissal”.

Presiding Judge Mariyam Nihaaath acknowledged that Hussain was convicted for the “least form” of assault and it was committed before his appointment to the bench in 2007. Furthermore, she observed that he had not repeated the same offence and did not have any prior criminal records, which proved that he has no intention of repeating the offence.

Moreover, as it was proven in court that judges with similar convictions were deemed eligible during the reappointment process, Nihaayath contended that Former Magistrate Hussain must be treated same those judges.

She concluded that JSC discriminated against Hussain, adding that commission had acted in a manner which violated his constitutional right to non-discrimination and equal protection before law.

“Therefore, from March 29 onward, within the next 30 days, the JSC must reevaluate Hussain’s qualifications to determine his eligibility,” she ruled.

JSC’s decision in 2010 to remove dozens of judges from the bench for contradicting moral character clause, has been previously challenged in the court.

According to the article 15 of the Judges Act – which came into effect five days after the reappointment of judges – a judge will be considered as failing to meet the required ethical and moral standards if they had served a sentence for a criminal offence in the seven years prior to the appointment.

The 2008 constitution created and mandated the JSC with bringing the judiciary in line with its new standards designed to meet the values of a functioning democracy within two years of the constitution coming into effect. The deadline expired on 7 August 2010.

Had the passage of the Act taken less time in parliament, the JSC would have been in possession of detailed guidelines on if, how and when a member of the judiciary can be removed from the bench.

Judges argued in court that the JSC deliberately decided not to wait for the legislation to be passed by the Majlis and, in fact, expedited the dismissals to suit members’ own personal opinions and political interests, while disregarding their criminal convictions.

Meanwhile, JSC’s  decision to reappoint two  judges previously removed from the bench for sexual misconduct in December 2011, prompted criticism from several lawyers – however, the JSC defended itself citing that the Judges Act allowed it as the convictions pre-dated the aforementioned seven years.

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Parliament discusses creation of new ministries

Parliament this morning sent the Vice President and cabinet ministers’ appointment to the Government Oversight Committee, during the second sitting of the first session of the year.

Deputy Speaker of parliament Ahmed Nazim led the sitting this morning and Maldivian Democratic Party (MDP) MPs have been cooperating, although the MDP Parliamentary Group has decided not to cooperate with any bills sent to the parliament by the government alleging that the current government is unconstitutional.

The constitution obliges the President to submit the cabinet ministers appointment to the parliament within seven days of making appointments for approval.

Deputy Speaker Nazim today at the starting of the parliament meeting announced that many resolutions submitted to the parliament during the days of former President Mohamed Nasheed had been withdrawn by the MPs who presented those resolutions.

During today’s sitting parliament debated an the issue sent by the government to bring amendments to the government infrastructure.

The new government has proposed to change the names of the Ministry of Health and Family to the Ministry of Health, and the Ministry of Housing and Environment to the Ministry of Housing and Infrastructure.

The government has also proposed to create two new Ministries called the Ministry of Gender, Family and Human Rights, and the Ministry of Environment and Energy.

Speaking during the parliament sitting MDP Chairperson ‘Reeko’ Moosa Manki contended that the annual budget approved by parliament did not have the funds to create the new two ministries, and that if those two ministries were created it would be an unlawful action.

He said that if the government created the two new ministries it would be a violation of the budget approved by parliament, and that it would prove to the citizens that this is an unconstitutional government.

Jumhoree Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim responded saying that although the budget approved for the year did not have the budget to create two new ministries, the ministries could be created by borrowing money from the budget already allocated for the Health Ministry and Housing Ministry.

Gasim said the money could be taken from the state contingency budget as well, and said there was no legal obstruction in creating the new two ministries.

Parliament’s first sitting of the first session for the year was disrupted by MDP MPs who staged protest inside the parliament following the alleged coup.

MDP MPs obstructed President Dr Mohamed Waheed Hassan from delivering his presidential address to the opening session of parliament, contending that his appointment was illegitimate as former President Mohamed Nasheed had been forced to resign in a police and military-led coup.

During a second attempt on March 19, Dr Waheed was able to deliver a truncated version of his address, over the heckling of MDP MPs and large protest gatherings outside.

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Comment: Breaking the rules of democracy

Given the events of the past three years it is fair to say that we are still a democracy in principle rather than in practice. The existing authoritarian and undemocratic enclaves prevalent within our socio-political system support this argument. By authoritarian enclaves I refer to the prevalent corruption, the lack of respect for the constitution and the rule of law, and the continuous stifling of our civil and political rights by the so-called political fanatics, ‘vanguards’ of democracy and religious scholars in the Maldives.

It is true, old habits die hard. After 30 years of repression and authoritarian rule we still continue to focus on personalities; our institutions are not independent of specific personalities and as a society we continue to limit each other’s political freedoms. We need to liberate ourselves from our traditional, personalised patronage politics. We need to liberate ourselves from the old habits.

To be democratic we need to understand that the rule of law precedes everything; civil liberties such as freedom of expression should be exercised with responsibility and as a society we need to make informed and responsible decisions in selecting and electing those who represent our voice.

President Waheed was right when he said on Hardtalk that “we have come to this point because we have not respected our constitution. We have not respected the rule of law. The last thing I want to do is to circumvent our constitution”. So when and where have we circumvented our constitution? Without going into the details of Gayyoom’s 30 year authoritarian regime, if we begin with the dawn of our democracy following the election of Mohamed Nasheed, when and where have the laws of the land been flouted? Where have we failed at democracy?

The rule of law was flouted when the Supreme Court was locked down under the order of Nasheed. The rule of law was flouted when a senior judge was ‘judgenapped’ and arrested. We failed at democracy when projects or investment opportunities were given to political party aides and cronies without declaration of ‘conflict of interest’ or without a fair bidding process. We failed at democracy as the number of family ties increased within the top brass of the state institutions. We failed at democracy when we failed to listen to public protests for 22 consecutive days, regardless of whether they were 200 people, a minority, or 100,000 people.

During Nasheed’s regime, the opposition too failed at democracy because they refused to accept the rules of the game of democracy. Over the past couple of years the opposition have been hell bent on creating parliamentary deadlocks which delayed the enactment of key legislations; used religious fervor to rile up anti-MDP sentiments and backed questionable characters to achieve their political goals. Democracy is not the only game in town if the losers of an election do not accept their defeat. If we see democracy under the axiom of a game, it will only continue to work if the losers in the game want to play/try again within the same institutional framework under which they lost.

Our constitutional sins reached a new level on February 7, 2012. The constitution of our country was punched in the face when our democratically elected leader was ousted in a coup. If Nasheed was such a failure, his removal should have been by the rule of law, by the people and by the ballot. Whether by the fate of circumstances, by Nasheed’s own making or by advanced planning the removal of an elected President by force, has set a very dangerous precedent here and in my opinion this constitutional sin is worse than anything Nasheed ever did.

I am willing to accept that politicians from all sides have failed to uphold the rule of law in the past, move forward and draw lessons from it. So I ask President Waheed, since he holds the reigns now, what is his plan to uphold and maintain the rule of law? The current government’s commitment to democracy will continue to be tested and judged by the disgruntled opposition until the next election. Until then I hope our fragile democracy will continue to withstand the pressures and shocks without abandoning the electoral process ever again. The lesson for all of us is, never again should the constitution and rule of law be abandoned under the guise of upholding democracy.

I am not really concerned about ‘who’ is in power as long as the person in power is there through legitimate means and is concerned about implementing positive change. We have intellectuals on both sides of the political spectrum. Our infant democracy was born by the work of several people. For every protester there was an intelligent and energetic policymaker creating the rules of the game. For instance, Nasheed is a great orator and a true torch bearer for democracy. While Nasheed carried the torch, there were policy makers behind the table such as Dr Ahmed Shaheed, Dr Hassan Saeed, and Dr Waheed who rigorously used other channels to bring democracy to our country. All of them should be credited for their contributions regardless of which side of the table they are on.

Some of our MP’s display appalling behavior, ignorance and a lack of professionalism. Some are borderline criminals. When the next election confronts us, we as the electorate have a moral responsibility to select and elect leaders who are competent, crime-free and open-minded.

One of the fundamental components of democracy is freedom of expression, because without it, free elections mean nothing. We do enjoy ‘freedom of expression’ in the Maldives but without any responsibility. Freedom of expression is an abused freedom in the Maldives because religious extremists use it to spread their religious fatwa’s, war-mongerers use it to spread their hate, politicians use it to create division and the media uses it to spread half-truths. Where is our sense of social responsibility when we exercise freedom of expression?

We need to remember that before the 7th of February there were thousands of people who opposed MDP and exercised their fundamental right to criticise. The coup was not undertaken by the opposition supporters, therefore, why should they be labelled as ‘baghees’ (traitors)? The level of cyber bullying evident on social media towards anyone associated with the current government is one example where freedom of opinion is violated. The number of people that tell me that they are afraid to show their support to the parties they supported prior to 7th February due to fear of being labelled as ‘baghee’ is proof enough that freedom of opinion and expression is no longer a given. Without proper freedom of thought, opinion and association we will never be able to safeguard the integrity of our elections.

As a society that aspires to be democratic we all have a social responsibility to respect the rule of law, exercise our freedoms with responsibility and empower politicians for the right reasons. We are the drivers of change and politicians are only the mediators we select to implement the change we want.

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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Police promote one thousand officers, recruiting further 200

In a ceremony to celebrate the 79th year of the police service, Police Commissioner Abdullah Riyaz and Minister of Home Affairs Dr Abdullah Jameel announced the promotion of around 1000 police officers – approximately a third of the force.

The appointment of four new Assistant Commissioners was also announced, more than doubling the previous number holding this rank – the third highest position in the service.

Additionally, the police have revealed plans to recruit 200 new officers to the force this year.

Police Spokesperson Sub-Inspector Hassan Haneef said that these promotions were in line with normal police regulations, and were awarded “based on performance, merit, and number of years served.”

The weekend’s celebrations continued as President Dr Mohamed Waheed Hassan announced plans to allocate 74,000 square feet of land to develop homes for police personnel.

Dr Waheed also expressed his gratitude for the police’s actions on February 7. “I state that the police worked on February 7 to uphold the constitution of Maldives,” he said.

The anniversary of the police service comes after months of intense scrutiny in which it the service been accused of brutality, human rights abuses and complicity in the downfall of former President Mohamed Nasheed.

On Saturday, Commissioner Riyaz stated that he did not intend to pursue an internal investigation into the alleged events of February 7 and 8, citing the lack of credibility that such an investigation was likely to have.

The unrest on February 8 saw a Maldivian Democratic Party (MDP) protest swiftly suppressed by the security forces while the footage of police aggression was beamed around the world.

Instead, Riyaz declared his decision to focus on repairing the organisational damage done to the institution.

“I can’t just come in here and investigate the alleged police brutality as the first order of business. It is essential to establish who was occupying which post first by assessing the organizational structure. The whole institution had been politically influenced,” the Commissioner told Haveeru.

“We all know that the positions within the police institutions had not been assigned in accordance with police regulations and had functioned in violation of the police system. Hence, I am compelled to drag the institution back into its proper system,” said Riyaz.

He also stated that he had discussed any potential investigation with the President and the Human Rights Commission of Maldives (HRCM) shortly after taking up his post, requesting that the HRCM take up the responsibility.

Amnesty International had last week criticised this method of investigation after having spoken to HRCM regarding the investigation of alleged sexual abuse of female detainees.

“HRCM has told Amnesty International that they have serious limitations in terms of trained investigative staff and dealing with human rights issues in a highly politicised environment is an overwhelming challenge for them,” said Amnesty’s representative in Male’, Abbas Faiz.

“By referring cases of police abuse of power to the HRCM, when it is clear that such investigations are beyond its capacity, the government is in effect forfeiting its own responsibility to enforce respect for human rights within the police force,” said Faiz.

President Waheed’s speech at the anniversary’s official function event focussed on the difficult environment the police had found themselves since the upheavals of February.

Waheed called on public to show respect for and cooperation with the police while urging all officers to respect human rights and human dignity in the course of their duties.

The strong public discontent with the police’s role in, and its reaction to, the events of February 7 and 8 has led to simmering tensions which have erupted in sporadic violence.

The President also expressed his sadness at the physical and emotional distress suffered by the police in recent weeks.

The opening of the people’s Majlis on March 19 was accompanied by clashes which saw the police suffer multiple casualties. This was followed by a series of attacks which saw four police officers hospitalised in five days.

Popular discontent also saw the staging of a large rally on March 15 in support of the International Day Against Police Brutality.

Both Commissioner Riyaz and President Waheed have been reported expressing concerns that people in the media were attempting to defame the image of the police force, expressing concern that this was damaging the country.

“I am aware of their contempt towards the institution. I will try to resolve the matter. The biggest challenge would be to win back their trust and confidence,” Riyaz told Haveeru.

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High Court upholds Civil Court injunction against investigation of Judge Abdulla by judicial watchdog

The High Court today upheld a Civil Court injunction against the Judicial Services Commission (JSC)’s investigation of Chief Judge of the Criminal Court, Abdulla Mohamed.

Abdulla Mohamed was a central figure in the downfall of former President Mohamed Nasheed, following the military’s detention of the judge after the government accused him of political bias, obstructing police, stalling cases, 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.

Abdulla Mohamed obtained the Civil Court injunction against his investigation by the judicial watchdog in September 2011, after it produced a report stating that he had violated the Judge’s Code of Conduct by making a politically biased statement in an interview he gave to private broadcaster DhiTV.

The JSC appealed the injunction on January 24, claiming that the Civil Court had disregarded the commission’s constitutional mandate which allowed it to take action against judges, and argued that the court did not have the jurisdiction to overrule a decision of its own watchdog body.

The commission further argued the Judge Mohamed did not have the authority to seek the injunction preemptively as the commission had not yet taken action against him.

The JSC had therefore requested the High Court to terminate the injunction, citing contradictions to legal and court procedures.

However presiding High Court Judge Dr Azmiralda Zahir contended that the commission had not provided the court “any reason to terminate the injunction”.

Zahir further observed that the High Court would be violating the court procedures if it decided on the injunction before the Civil Court had reached its own verdict in the case.

She also added that that JSC could not establish a connection between the Civil Court’s injunction and jurisdiction of the court, and concluded it is not a reasonable argument to terminate the injunction.

Therefore, she ruled that the judges who evaluated the case had found no grounds to change the civil court’s injunction.

Former President’s member on the JSC and whistleblower Aishath Velezinee for several years contended that Abdulla Mohamed was a central, controlling “father figure” in the lower courts, answerable to former President Maumoon Abdul Gayoom and a key figure responsible for scuttling the independence of the judiciary under the new constitution.

“When Abdulla Mohamed [was arrested by Nasheed’s government] I believe the opposition feared they were losing control over the judiciary, and that is why they came out on the streets. If you look at the so called public protests, it was opposition leaders and gang members. We did not see the so-called public joining them – they were a public nuisance really,” Velezinee observed, in a recent interview with Minivan News.

“For nearly three weeks they were going around destroying public property and creating disturbances. It wasn’t a people thing – we can say that. We locals – we know who was there on the streets. There is footage and evidence available of it. We’ve seen the destruction they were causing in Male’ every day.”

Following the arrest of the judge, Nasheed’s government appealed to the international community – in particular the Commonwealth, the International Committee of Jurists (ICJ) and the UN – for assistance in resolving the spiralling judicial crisis. A Commonwealth team arrived in the Maldives the day before Nasheed’s government was overthrown after a group of police sided with opposition demonstrators, attacking the military headquarters and seizing control of the state broadcaster.

Velezinee bemoaned the local and international focus on the arrest of the judge rather than the decline of the institution that led Nasheed’s government to such desperate interference in the judiciary.

“To the international community [the protesters] were a crowd of people – and to them that’s the public. It’s a public protest to them. But it was not. We need to consider who was involved in the free Abdulla Mohamed campaign. These are the same people I have previously accused of covering up and being conspirators in the silent coup,” Velezinee told Minivan News in an interview in February.

The first complaints against Abdulla Mohamed were filed in July 2005 by then Attorney General Dr Hassan Saeed – now Dr Waheed’s political advisor – and included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.

Asked in February this year whether he was satisfied with the investigation into the judge’s conduct and the action taken since his complaints in 2005, Dr Saeed replied that “under that constitution [President Gayoom] was the head of the judiciary. So it was my legal and moral obligation to raised that issue with him, which I did.

“I did not know if it was followed up. Obviously if there are issues it has to be resolved in accordance with the established laws and institutions.”

During the same interview, President Dr Mohamed Waheed Hassan said it was “for the judiciary to decide what to do with him, not for me.”

“I don’t want to interfere in the judiciary. I want our constitution to be respected, and work with everybody to make our constitution work. This is a new constitution, and it is the first time we are trying it out. And so there are difficulties in it. We need to find ways of solving it. It is time for us to work together, and if there are problems with the judiciary we need to work together to solve them – they are intelligent good people in the judiciary and the Judicial Services Commission (JSC).”

The Human Rights Commission of the Maldives (HRCM) last week summoned former President Mohamed Nasheed, former Home Minister Hassan Afeef, and former Defence Minister Tholath Ibrahim for questioning over their detention of the judge. It had promised to conclude the investigation by April.

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MDP refuses to cooperate with CNI citing concerns over impartiality

The ousted Maldivian Democratic Party (MDP) has said it does not recognise the Committee of National Inquiry (CNI), in response to the committee’s call for cooperation on Thursday.

President Mohamed Waheed Hassan charged the CNI with looking into the legality and legitimacy of the transfer of presidential power on February 7. The MDP alleges former President Mohamed Nasheed was deposed in a coup d’état and have called for early elections.

The CNI told local media all political parties have complied with request for statements except for the MDP. But the committee said it believed MDP may cooperate if the CNI addressed the party’s concerns, local media reported.

The MDP has raised concerns over the committee’s composition. The CNI is chaired by former President Maumoon Abdul Gayoom’s Defence Minister Ismail Shafeeu. The MDP has also called for strong international presence on the commission. The EU and the Commonwealth Ministerial Action Group (CMAG) have supported the call.

The CNI did not appear to commit to addressing MDP concerns, but instead requested dialogue.

However, MDP spokesperson Hamid Abdul Gafoor said, “We do not recognise the CNI. How can the people who instigated a coup investigate the coup? There is no validity in the process. How can we give any weight to it?”

Gafoor also noted that the CNI had not requested for statements from officials of Nasheed’s administration.

Dialogue

According to local media Sun Online, committee head Ismail Shafeeu said, “[The MDP] have told media that they are dissatisfied with the commission. They have said the same to us.”

Further, CNI member Mohamed Fawaz Shareef had said he believed the MDP may cooperate if the CNI addressed the party’s complaints. The CNI have now requested for dialogue with the party, reports Sun Online.

According to Sun Online, the CNI also said although the UN had assured the committee of assistance, the committee had not heard back from the UN. The CMAG has offered assistance to the investigation, but the government said it favors UN assistance over that of the Commonwealth.

The CNI have requested for statements or videos to be uploaded to its website if witnesses are uncomfortable with submitting statements in person.

The CNI has said its inquiry is not a criminal investigation, but that the final report will consist of the three members’ opinions on the events of February 7.

Minivan News tried to contact the CNI for further comment, but the committee said it did not speak to the media except during its biweekly press briefings.

The committee is expected to complete its inquiry by May 31.

Dr Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Nasheed if the CNI established the February 7 transfer of power to be illegitimate.

“Flawed”

The MDP has criticised the lack of cross-party consultation in compiling the committee and the lack of international experts on the committee.

“It has been conceived and imposed by those parties allied to Dr  Waheed without any consultation with MDP. It does not include any eminent international experts. And the inclusion of individuals who held Cabinet posts during the autocratic government of former President Gayoom, including the appointment of a Chair – Mr. Ismail Shafeeu – who had held various ministerial posts under former President Gayoom including the position of Defense Minister at a time of widespread human rights abuses in the country, suggests that no effort has been made to ensure independence and impartiality,” the MDP said in February.

The EU, Commonwealth, India, UK and the US have called for an impartial investigation.

Local NGOs Transparency Maldives, Maldivian Democracy Network, Maldives NGO Federation and Democracy House have called on the CNI to seek cross-party support, international assistance and have asked for observer status.

According to the CNI’s website, its members held meetings with the Adhaalath Party, the Dhivehi Qaumee Party (DQP), Progressive Party of the Maldives (PPM) and the Maldives Reform Movement (MRM). The CNI has also met Commonwealth Special Envoy Sir Donald McKinnon, the UN’s Mediation Expert, and three NGOs. These are the Maldives Democracy Network, Transparency Maldives, and Democracy House.

It has also met with media outlets, the Attorney General’s Office, the Foreign Ministry, Communication Authority of Maldives, Police Integrity Commission, Human Rights Commission of the Maldives, the Civil Service Commission and the Prosecutor General’s Office.

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“Democracy must be restored in the Maldives,” Nasheed tells US media

Former President Mohamed Nasheed’s promotional tour of the US media for the Island President continued over the weekend, including interviews with the Washington Post, Salon, and the Huffington Post, among others.

The interviews follow Nasheed’s appearance last week on the Late Show with David Letterman, and address to Colombia University. The recent political instability in the Maldives has been as much a topic in many of the interviews as the wider environmental threat highlighted in the Island President, and the media has been quick to draw parallels.

The first half of the film gives a political backdrop to Nasheed’s own political rise – and imprisonment.

“It is very important that democracy be restored in the Maldives, and we hope that friendly governments understand the necessity and the need for it,” Nasheed said, in a Q&A with Salon. “As we see it now, I’m afraid the government there is going to all sorts of places. Certainly it’s not going democratically, and we need to bring it back.”

Asked by Salon if he believed Dr Mohamed Waheed Hassan’s government would pursue tackling climate change to the same degree, Nasheed said “They can’t. You must have a high moral authority to address climate change. Every time you start speaking, you know, you can’t be answering back to the skeletons in your own closet. So it’s not going to be possible for them to articulate in the same manner as a democratic government. I don’t see it happening.”

There was, Nasheed told the magazine, no policies or political ideology behind Gayoom and the former opposition coalition.

“[The] ideology is xenophobia and racism. All the rhetoric against Israel and the West, calling everyone a heathen. It’s really narrow-minded and intolerant and nationalistic. This is an island mentality as well, but it’s possible to change that. It’s not the people who have that mentality but the ruling elite, who want to suppress the people through that narrative, that rhetoric,” Nasheed explained.

Nasheed also met with the US State Department. Recounting the meeting to the Washington Post, Nasheed said: “the whole issue centred around the restoration of democracy in the Maldives, and how it was very important to get the country back on track, and how the US government may assist in doing that.”

“We were encouraged that the US government willing to listen and see how they may be of assistance to democratic progress in the Maldives,” Nasheed said, adding that the State Department had shown a willingness to reassess the situation as new information emerged.

“The US government was of the view that elections were necessary – they had reservations in the past, but main focus of conversation was that whatever their viewpoint in the past, they were willing to assess situation on the ground as it is now.”

Gayoom denies allegations

Former president Maumoon Abdul Gayyoom has meanwhile brushed off the allegations made by his successor regarding his involvement in the coup.

Gayyoom in a press statement released yesterday after Nasheed had made remarks to the US media, stated that he had not attempted nor took part in any type of attempts to unlawfully topple the government of Nasheed.

However he acknowledged that his party, the Progressive Party of Maldives (PPM), had participated with thousands of people who raised concerns over Nasheed’s unlawful and unconstitutional actions and his efforts to distance the Maldivian people from their Islamic faith.

“For that purpose, PPM had participated in the protests that were organised by several political parties and NGOs. That [protesting] is a legal and a democratic right for the people to ensure accountability of the president and senior officials of his government. It is also an obligation on the citizens as well,” Gayoom claimed..

Gayoom also expressed his confidence that the events that unfolded on February 7 was not a coup d’état: “Therefore I can confidently say that the allegations that Nasheed is making, regarding the transfer of power that took place on February 7 was a coup d’état or a revolution, and that I was involved in it, are completely absurd.”

Gayoom issued the press statement in particular response to Nasheed’s appearance on Letterman.

During the show, Nasheed said Dr Waheed’s regime, is the “old dictatorship that we voted out of office”.

“Gayyoom is back in the country, his children are in cabinet, he is in power. Dr Waheed is just a facade.” Nasheed said.

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Parliament schedules approval of Vice President, cabinet appointments

Parliament is to resume tomorrow after being stalled due to ongoing political turmoil in the Maldives.

Votes scheduled include approval for the appointments of President Dr Waheed’s Vice President and cabinet ministers.

On February 16, Dr Waheed appointed Dr Waheedudeen, a local business tycoon who was also an Atolls Minister under former President Maumoon Abdul Gayoom, as the Vice President.

According to the constitution of the Maldives, cabinet members require the consent of the parliament.

Dr Waheed also appointed Dr Abdul Samad Abdulla as Minister of Foreign Affairs, Abdulla Jihad as Minister of Finance and Treasury, Dr Mohamed Jameel – Vice President of the then-opposition Dhivehi Qaumee Party (DQP)as the Home Minister, Dr Asim Mohamed as the Minister of Education, Dr Ahmed Jamsheed as the Minister for Health and Ahmed Shafeeu as the Minister for Fisheries and Agriculture.

Prominent lawyer Azima Shukoor, who helped the former opposition win many court cases against Nasheed’s government, was appointed Attorney General. Dr Ahmed Shamheed was appointed Minister for Transport and Communication, Ahmed Adheed as Tourism Minster, Ahmed Mohamed as the Minister for Economic Development, Dr Ahmed Muiz as the Minister for Housing and Environment, Gayoom’s Spokesperson Mohamed Hussain ‘Mundhu’ Shareef as the Minister for Human Resources Youth and Sports, Mohamed Nazim as Defence Minister, and Sheikh Mohamed Shaheem Ali Saeed as Islamic Minister.

Shaheem had resigned as State Minister for Islamic Affairs under Nasheed’s government  following the burning of the Israeli flag in Republic Square over opposition to a visiting delegation of Israeli eye surgeons, whom Islamic NGOs had accused of coming to the Maldivies to illegally harvest organs. Shaheem was one of the speakers at the event, along with current Vice President of Gayoom’s Progressive Party of the Maldives (PPM) Umar Naseer, voicing anger at the acceptance of aid from Israel.

Current Health Minister Jamsheed was the Head of the Centre for Community Health and Disease Control (CCHDC) during Nasheed’s administration, but  later resigned saying he had no work to do in the CCHDC and that there no purpose in such a position.

The Maldivian Democratic Party (MDP) has meanwhile alleged that the new Vice President was one of the powerful businessmen who assisted the coup financially.

MDP obstructed the first attempt made by the Speaker to hold the first parliament sitting of the year, during which Dr Waheed was supposed to deliver his presidential speech. The sitting was eventually called off.

The second attempt was made to hold the sitting on March 19, in which Dr Waheed managed to delivered a truncated version amid MDP MPs heckling him and calling him “traitor”. Police meanwhile clashed with protesters outside the parliament.

Speaking to Minivan News, MDP MP Hamid Abdul Ghafoor said the Speaker would ask for a vote to send the issue to the committee, and then MDP MPs would object to it because the party did not recognise the legitimacy of Dr Waheed’s government, and therefore the ministers and Vice President in it.

”Our stand is that we represent the government, so we will not give a response to the Presidential Speech given by the traitor,” he said. ”We believe that Dhivehi Rayyithunge Party (DRP) is the main opposition party and they have to respond to the speech.”

Further complicating matters is that Dr Waheed’s party has no MPs in the parliament, a unforeseen circumstance unforeseen in the parliamentary regulations which requires an MP of the ruling party to present bills on behalf of the government.

”We will be actively involved in all the parliament’s work, but we will object to issues we find unacceptable,” Ghafoor said.

In the early hours of February 7, police and military officers defied orders of the then-President Nasheed and joined opposition in a protest held in Republican Square, demanding the release of Criminal Court Chief Judge Abdulla Mohamed.

At first a squad of police joined the protesters, confrontation between the police and army officers sparked the arrival of more police and eventually an attack on military headquarters.

Police officers demanded to see the then-police commissioner Ahmed Faseeh, who resigned hours later.

Former senior officers under Gayoom’s government then took over the police and started giving orders, which were obeyed.

Police and army officers then began calling for the resignation of the president, who remained inside the defence force headquarters with a handful of army officers still loyal to him.

Several attempts were made by Nasheed to control the situations, but the military and police split int two groups and spread throughout the city, joined by opposition supporters.

A large group carrying weapons such as iron bars, knives, machetes and other such items entered the state broadcaster in Galolhu and brought the station under their control.

Protesters in police vehicles and  army trucks were deployed near the MDP Office in Galolhu and the office was vandalised.

Nasheed subsequently resigned, allegedly “under duress”, and Dr Waheed took over the position.

There was a spike in lawlessness in Male’ City that day, as young people took advantage of the police being busy with politics, riding motorbikes in breach of almost all the road safety regulations, while others were seen rolling joints on the streets and carrying sharp weapons.

On January 28, newspaper Miadhu reported that Progressive Party of Maldives (PPM) Deputy Leader Umar Naseer had told private TV channel VTV that Vice President Mohamed Waheed Hassan would constitutionally become the next President of the Maldives after President Nasheed resigned from the post at the climax of the judicial crisis.

The paper at the time reported Naseer as saying that ‘’very soon the army and police will give up and leave the President because they know he is being trapped by increasing abuses of power and violation of the Constitution.’’’

‘’It may be tonight, tomorrow or a month from now when the defence forces and police decide to leave the President – and that is the deciding moment,’’ Naseer said. “At that time, Vice President Waheed will take over according to the Constitution. We do not have any wish to get positions of the new Government, but we expect the new government will be a national government.’’

MDP Parliamentary Group Media Coordinator and MP Mohamed Shifaz, MP Mariya Didi, MDP MP Mohamed Musthafa and MDP Spokesperson and MP Imthiyaz Fahmy ‘Inthi’ did not respond to Minivan News at time of press.

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MDP submits case of police brutality against MPs to IPU

The Maldivian Democratic Party (MDP) has submitted a case alleging police brutality against their parliamentarians to the Inter-Parliamentary Union (IPU).

The case has been filed with the IPU’s committee on the human rights of the parliamentarians, in the ongoing 126th IPU Assembly held at Kampala, Uganda.

MP Eva Abdullah, one of the delegates representing the Maldives in the conference earlier said that MDP would submit the case of police brutality that took place between February 7-8.

She had also said that apart from the police brutality that took place in February, she would also highlight ongoing police brutality against ordinary citizens in Male’.

The delegates participating in the IPU Assembly include Speaker of Parliament Abdullah Shahid, MDP MP Eva Abdullah, MDP MP and the party spokesperson Imtiyaz Fahmy, Dhivehi Rayyithunge Party (DRP) MP Yusuf Naseem and MP Ali Arif from Progressive party of the Maldives (PPM).

Speaking to Minivan News, MDP Spokesperson MP Hamid Abdul Ghafoor said that the MDP has been communicating with the IPU regarding the ongoing political situation.

“We have been regularly sending updates to the IPU. Eva and Imthiyaz who are the two delegates representing the MDP will speak on behalf of MDP.” Hamid said.

Local Newspaper Haveeru News reported that the case filed by MP Eva Abdullah has been scheduled for discussion on Sunday.

It also reported that IPU has invited the Maldivian government to participate in the discussions. Spokesperson of the President’s Office, Abbas Adil Riza, will set to represent the government in the discussions.

IPU delegates have visited the Maldives twice since the transfer of power that took place in the Maldives on February 7.

The organisation last visited the Maldives on March 17. MDP MPs prevented President Mohamed Waheed Hassan from giving his presidential address on the opening session of parliament on March 1.

During the visit, Martin Chungong, Director of Programmes for the IPU, told the gathered media that it was vital for parliament to preserve its integrity by continuing to function correctly as well as calling on all parties to avoid inciting or committing acts of violence during the session amidst the “political stand-off”.

The IPU is the world organisation of parliaments and was established in 1889. It works to foster coordination and exchange between representative institutions across the globe. The IPU also offers technical support to affiliated nations. The Maldives has been affiliated with the organization since 2005.

The IPU assembly is the principal statutory body that expresses the views of the IPU on political issues. It brings together parliamentarians to study international problems and make recommendations for action. The IPU assembly takes place once in every year.

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