A legal team led by sacked Human Rights Minister Fathimath Dhiyana Saeed has filed a case at the High Court, requesting it rule that former President Mohamed Nasheed’s resignation was obtained under duress and the transfer of power on February 7, 2012 was illegitimate.
Nasheed’s resignation followed 22 days of continuous protests backed by religious scholars, opposition leaders and mutinying police and military officers, in mid-January 2012, over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed. Nasheed’s Vice-President Mohamed Waheed Hassan subsequently ascended to power.
Following resignation, Nasheed and his Maldivian Democratic Party (MDP) claimed he was forced to resign under duress and that his government was toppled in a bloodless coup d’etat.
Dhiyana Saeed, formerly a member of President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has released a personal memoir explaining her interpretation of Waheed’s ascension to power. The former SAARC Secretary General also alleged that Nasheed’s political rivals had conspired to assassinate him.
Speaking to Minivan News, Saeed confirmed that the High Court had accepted the initial paperwork. However, a final determination to formally accept the case will be made after review of the paperwork.
According to local media, lawyers joining Saeed in the petition include Ishraq Thaufeeg and Aiminath Nazlee, both whom currently represent Saeed’s newly founded law firm, Fanandheeb Chambers.
Speaking to local media outlet Channel News Maldives, Thaufeeg said following legal reviewing of the circumstances, the firm had noticed several legal inconsistencies and lapses that suggested the transfer of power took place illegally.
He also said that public still questions the legitimacy of President Mohamed Waheed Hassan’s government, and that therefore it was important that a court of law decides on the matter.
Saeed alleged in her memoir that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.
Parliament’s Executive Oversight Committee’s review of of the report revealed several concerns including omission of key evidence and witness statements.
Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.
He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their infmrmation was wrongly presented”.
To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.
Former Chief of Defence Force Moosa Ali Jaleel was heard telling the committee that he “fully believed that President Nasheed resigned under duress”.
He added that the circumstances leading up to the resignation of former President gave rise to the fact that resignation was obtained by “illegal coercion”.
Meanwhile former Police Chief Ahmed Faseeh told the committee that police officers who gathered in Republican Square on February 7 had disobeyed orders and their actions were grossly inconsistent with the Police Act, as well as professional standards established within the police.
Former Maldives National Defence Force (MNDF) Intelligence Head Brigadier General Ahmed Nilam also testified to the committee that Nasheed was ousted in a coup, claiming that events on February 7 fulfilled all the essentials of a coup.
“Academically speaking, the events on February 7 fulfilled all the essentials of a coup. It involved all the features of a coup that are widely accepted around the world. Some of the elements take place before the toppling of a president. Others take place spontaneously,” he said.
Leaked statements given by key witnesses of the events to CNI, also suggested that the transfer of power took place illegitimately.
In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.
“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.
Meanwhile President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.
“In essence, my statement is very small. I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” he said.
On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.
“The report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” observed the report.
The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”
The CNI report dismissed this theory.
“In summary, the commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission,”
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This is very clear why this lady is filing the case ?
her husband is one of the biggest thief in the country and he was raided while he was boozing . to hide and obstruct the justice, this lady will per sue any thing.
This lady used to be attorney general when Nasheed was president and then lady got sacked when she criticize Nasheed policies.
Both her husband and herself are political prostitutes.
They will have no feelings and loyalty to any party and they will go with any party where they will get the best benefit for themselves.
I was doing a volunteer work of Friends Maldives to Protect the Tsunami victims living in the Shelter and to those children complete there O/L A/L during Gayooms regime.While there were asking to Vacate the Shelter sending them a chit every other day.
After the election the Government was change and still capt the Shelter there were few students living in the shelter to bee complete O/L If they were sand back from Hulumale Salter the scool in the Island does not have the subject that the do in Hulhumale school.The victim Parent ant wealthy to rent and live in the peovice and Friends of Maldives was Black listed during Gayooms regime.
One evening I went to see them at Humale Shelter there were some visitors and got this warning before "President Naseed Arrest Gayoom and sentence to Prison" President Naseed will be pull out of post and hang him to death I did i reported this to Naseed brother Nazim
Nasheed had created the event to find an excuse to resigned. Since popularity was going down and he knew that there will not be a any chance for him to win the second term unless he managed to fool the people with unbelievable actions.
Nasheed resignation was preplanned by himself and he did it by himself thinking that he can win the election by getting a sympathy vote .
But i doubt that Maldivians are that much fools, majority of people knew what he was after on 7th and 8th Feb.
We all know that Nasheed plan is to give way the sovereign rights to India for few million of dollars for his own pocket.
@Kuribee
Well eventually, she seems pretty consistent. The Maldivian parties are themselves very fluctuating in their opinions. Inconsistencies between what they argue for when in opposition and action when they have the means to implement is patent, after-all, it is only a couple of people in each parties giving directions and a herd of sheep backing them without an ounce of critical thinking. So changing parties does not necessarily mean you are a political prostitute. This said, I agree that egoism is in most cases the main motive behind changing parties. In this instance, we can't blame her for looking for the truth.
Go Dhiyana!
@Kuribee
Why point the finger at just Jabir? Point your fingers at the whole lot of the vultures who have been eating our nation.
We just have to read your comments to see how easy it is to buy people in the Maldives!! Kuribee, you are a disgrace to humanity and to the muslim community. No human being who believes in Allah can write what you write.
What a bitch. The Waheed's government was legal for her when she got a ministerial post in his government. She was sacked when she protected her red handedly caught drunk husband. No all of a sudden she believes the Waheed's government is illegal. These people are all so selfish. When they lose their chance to eat public money, then they become rebels of government. This is so typical of all our politicians these days. We cant trust any one of these bandits.
Diyana, Jabir, Sarangu Adam Manik, Ibrahim Husain Zaki, Mariya Didi, Alhan, Ali Waheed, Vilfushi Riyaz...etc are hopeless, shameless and B*****s!