Yameen’s “protection” is constitutional: Nasheed

President Mohamed Nasheed insisted today in the face of repeated queries by the press that opposition-aligned People’s Alliance (PA) MP Abdulla Yameen’s detention or “protective custody” was not unconstitutional.

As a court of law has not ruled that the detention was unlawful, said Nasheed, the Maldives National Defence Force (MNDF) acted within the bounds of the law and the constitution.

“It’s going to be very difficult for us to legitimise the process [of the corruption investigation] through the present judiciary,” he acknowledged, adding that while a new President and Parliament had been elected after the ratification of the constitution in August 2008, the judiciary remained unchanged.

“We have done nothing to upgrade or bring the judiciary to the present constitution’s standard,” he said. “So unless and until we do something about that it’s going to be very difficult for us to legitimise [the cases], for the people to understand how the judiciary works.”

He stressed that “all the arrests, actions and omissions” of the government were within the bounds of the law.

“There’s not a single step that I have taken that cannot be completely and fully justified in a court of law,” he claimed.

Asked about his remarks at an MDP rally on “stepping outside the chart”, Nasheed explained that “chart” was commonly used to refer to either “a process, or an agenda, or a manifesto, or a roadmap.”

Opposition parties have strongly condemned Yameen’s detention, arguing that rule of law no longer existed in the country following the intervention of the military.

Meanwhile, a letter sent to parliament yesterday by Defence Minister Ameen Faisal states that Yameen was taken into “protective custody” by the MNDF under legal authority granted by articles 105(b) and 243(a) of the constitution.

As an angry crowd outside Yameen’s residence was “expressing hostile sentiments and throwing stones”, it continues, and riot police were in need of reinforcements, MNDF took into consideration the threat to public safety posed by a possible confrontation between the crowd and a second group that was gathering in opposition.

Moreover, it adds, at a time when “cases related to national security” were emerging, MNDF decided that Yameen had to be placed under “protective custody” for the security of both Yameen and the community.

“As the situation in Male’ was worsening, the national security council held a meeting on July 15 2010 and decided to keep Yameen under protection,” it reads. “He is now being held in light of secret information that emerged during an investigation conducted under article 24(a) of the Defence Forces Act following violent clashes between Yameen’s supporters and those opposed to him and the sudden unrest in the political sphere.”

Asked whether Yameen would be released to participate in any cross-party talks, President Nasheed replied it would require the national security council chaired by the Commander-in-Chief to believe the situation that warranted the move had changed.

“I can’t take a risk when it involves a person’s security,” he said.

President Nasheed was further adamant that his administration would not face any international pressure or sanctions due to Yameen’s detention.

He had personally explained the situation clearly to leaders of friendly nations during the past week, Nasheed said.

International pressure was brought to bear on countries “when people are put in solitary confinement for 18, 19, 20, 22 months on end, pilloried, handcuffed, when people are killed and their property confiscated.”

As the current administration would not commit such “atrocities,” Nasheed reiterated he had “complete confidence” that the country would not face international pressure.

The Supreme Court ruling ordering the release of accused MPs Abdulla Yameen and Gasim Ibrahim had “in a sense invalidated the Police Act” and undermined police ability to maintain law and order.

It was under such circumstances, said Nasheed, when people were gathering outside the MPs homes in protest, that the decision to “isolate” Yameen was made.

On the alleged corruption and bribery in parliament, Nasheed said police will conclude their investigations and forward cases to the Prosecutor General’s office.

The president hinted that he would offer clemency to opposition politicians found guilty in court.

Constitutional crisis

While police have complained of obstacles to their investigation of “high-profile corruption cases”, President Nasheed argued that “some laws” passed by the parliament were making it difficult for a presidential system to function effectively.

“In my view, the essence of this is connected to the form of the constitution,” he said, adding that teething issues in implementing the constitution must be resolved.

There were two ways to resolve the present constitutional crisis, said Nasheed, both of which involve bringing amendments to the constitution.

“One way is for all political parties to agree to amend the constitution to change to a parliamentary system,” he suggested, adding that he was ready to face any election in the event.

As the existing constitution allows parliament to block executive functions, said Nasheed, the government could neither ensure economic development nor offer basic services effectively.

“If opposition political parties did not believe [changing to a parliamentary system] would be best, the second way is for us to perfect the presidential system,” he said.

The second option would be to amend the constitution by adding provisions “to the extent that [the main opposition Dhivehi Rayyithunge Party] DRP called for when it advocated for a presidential system” in the October 2007 public referendum.

While the ruling Maldivian Democratic Party (MDP) campaigned for a parliamentary system at the time, Nasheed said both systems were beneficial but “a middle way” was not practical.

“Either perfecting the presidential system or changing to a parliamentary system [is the choice],” he said.

As DRP Leader Ahmed Thasmeen Ali has signalled the opposition’s desire for dialogue, President Nasheed said he was willing to engage with opposition MPs to resolve the deadlock in parliament, adding that he hoped the process would begin today.


36 thoughts on “Yameen’s “protection” is constitutional: Nasheed”

  1. Thagey put on a break at Aaarah! Bwahahahahhaahaaaa...Heeheeeeheeeeeeee

  2. I'm in total agreement with Mr.President.
    Now it's time to be the President of all the people of this nation. Not just MDP.

    May Allah guide you and our nation to the right detection.

  3. I'm in total agreement with Mr.President.
    Now it's time to be the President of all the people of this nation. Not just MDP.

    May Allah bless & guide you and our nation to the right direction.

  4. Hey Anni,
    I need protection too. Will you please take me to Aarah and keep me there?

  5. President Nasheed , from your expressions what I can infer is you are indirectly admitting you are afraid of Yameen and he is only credible threat for your administration to survive. Otherwise you dont need to put all these unnecessary statements.

  6. Myanmar’s military junta can now tell Nasheed to shut up and that Aung San Su Chi is being held for her own protection.

  7. Anni you are day dreaming. Nothing will happen because DRP and Yaameen won't agree to anything. They want you to go and take over this government and fill their bank accounts. You have become a obstacle to get new oil agreements and get maamigili airport competing with Hulhule airport.

  8. Would anyone under police protection be kept in Aarah.. How do I get this service for a week if I need a free holiday..

  9. I believe this is the turning point for our Country.The events of today shall be the history of tomorrow.

    All those who support Yameen, J Nazim, Buruma, Dr H.Saeed & his puppet Jameel, Abdu Gazi, Abdulla Saeed & some amongst public misguided by them + VTV( Buruma ideology Channel), DhiTV ( the angry channel complaining for not getting license of terrestrial broadcasting- as the law for fresh licenses is stranded in parliament, yet blaming the whole thing on Government.) are none but people lost in the “BIG BLUE” Sea.

    People are not gullible as thought by these individuals and groups. People are closely watching all the events and finally their judgment will be made peacefully with GOD’s will but that will be painful for all those mentioned above.

    As for the President and his Cabinet: People are watching the actions and are in great deal of agreement with their current work of “cleaning this nation from Idols of Worship”*. I believe they will continue this and I have more faith in Mr.President’s courage and determination than a week before.
    Mr.President, Sir, you are doing the right thing and please deliver to the people, the calmness and equality that we have been waiting for so long. GOD made the unthinkable(for most who were against you) happened for you for a reason. That is the reward for your good efforts for the sake of our people. I thank GOD for giving you such courage during the times of “ZERO tolerance regime” and now. May Almighty GOD help you with these efforts.No matter what others are planning, Almighty GOD is the best planer.

    [* The Idols of Worship mentioned here are: Arrogance, Wealth, Corruption, Drugs, Excessive desires for Power & Fame, Deceptions, misleading the innocent public, etc that are idols of worship to those who dearly believes and find happiness in that.]

    May Almighty GOD bless our nation with peace & tranquility and guide us to the right path.

  10. @Free NOW on Wed, 21st Jul 2010 10:50 PM

    Says:”Myanmar’s military junta can now tell Nasheed to shut up and that Aung San Su Chi is being held for her own protection.”

    Then President Nasheed would have to say. “Sorry I will not stop. But you Junta’s can shut up and stop equating a “SWORD” and a “PIGEON”. 😉

    Hameed, you are lost in a deep “BLUE” sea..;)

  11. @Free NOW on Wed, 21st Jul 2010 10:50 PM

    Myanmar’s military junta comment by Hameed ( that was the comment originally written by Hameed... at http://minivannewsarchive.com/politics/parliament-ceases-to-function-while-hrcm-calls-on-government-to-release-mp-yameen-9659)
    Now by "Free NOW", Therefor I have to say same to you Free Now and Hameed as well:

    YOU BOTH are lost in a deep “BLUE” sea.. 😉

  12. I went first to MDP "people's court" There Reeko bored me to death! He was calling on people to take the law into their hands. I could not accept that crap.

    Then I went to DRP "Supreme Court".
    There I could not keep my ears open. Such filth they were chanting. God save my ears! I saw a katheeb who had been fired for misconduct and all sorts of corrupt people at DRP gathering.

    I lost my heart. Who should I listen to?

    Now I have decided to take a break and JUST SUPPORT THE GOVERNMENT and have faith in Allah.

    I pray that ANNI will be guided by Allah to the right path. My only fear is his close relationship with shady foreigners and his harsh words for religious scholars. Though, I have decided that I need to support this government in it's struggle against corruption if it's a genuine struggle.

    I wish ANNI without delay take action against his own party members who are believed to be corrupt.
    I have faith in Allah!

    La haula wala guvvatha illa billah!
    There is no real power except from Allah!

  13. My comment to Free NOW, did you just compare Aung San Su Chi with Yaameen? Wow!

  14. I call upon ANNI to hold a dialogue with all the stake holders and save us from this mess before we are dragged into civil war!

    Do not try to favour your party members only. Don't hesitate to deal with them strictly even if they stepped out of the chart!

    Ashfaq bro. Thanks for opening my eyes as I was stepping a bit away from the chart!

  15. I'm all for a civil war. It's high time we had one of those too. After all, we've had everything else in this country; a country that murdered their first president by dragging him through the streets. What's happening now is of such little significance to events of past.

  16. “It was under such circumstances, said Nasheed, when people were gathering outside the MPs homes in protest, that the decision to “isolate” Yameen was made.”
    Now, if the government cannot prove anything against Yameen or J Nazim or Musthafa, I will lose confidence in the government completely. After making such ha-ho about these guys by the government, I am thinking the government can prove that they are corrupt.

    Also, if convicted, these guys would represent just the tip of the ice berg. The government should widen their search for more corrupt people.

    ““If opposition political parties did not believe [changing to a parliamentary system] would be best, the second way is for us to perfect the presidential system,” he said.”

    If we change to a parliamentary system, does that mean DRP-PA alliance will be the ruling parties of this country? They have the parliament majority. Would president Nasheed resign in that case?

    How can we perfect the presidential system without MDP gaining more seats in the parliament? The presidential system, irrespective of what the ‘perfection’ would bring about, will still have warring parliamentarians that can effectively bring parliament to a deadlock! And unless the government has the majority in the parliament, certain bills proposed by the government, which the parliament opposition may classify as ‘outrageous,’ will never get passed.

    Changing the constitution to suit the current needs may resolve the crisis, but it will not foresee any bigger crisis that may arise out of the change. You can’t change the constitution every time there’s a crisis.

    So in my humble opinion, the best way to move forward is for the government to come to an agreement with the opposition. There should be dialogue. There should be a compromise that should be reached soon. But the compromise on the government’s part should in no way be bringing any investigations that may be ongoing, to a halt. Nor should it be in the form of forgiving criminals!

    This whole drama was orchestrated under the slogan ‘eradicating corruption.’ So we should see who is corrupt and we should punish them. If the outcome is futile, the government will lose credibility in my eyes. The cabinet resignation, the political arrests, the cabinet reinstatement, ‘protective custody,’ rallies, riots, the mudslinging, etc are all a huge, huge waste of time, money, respect and credibility.

  17. Dear President, if you can prove that these guys are corrupt and get them jailed, your popularity and also MDP's popularity will skyrocket. 🙂

  18. Is this what Maldivians deserve? They elected Anni out of hatred to Gayoom and then sold out to immediate cash and elected DRP dominated majlis for immediate financial gain. Hard to say they do not deserve this.

  19. No wonder this is a banana republic and the president will say something in the morning and then change the same in the evening .... He need to see a psychiatric soon. Else the whole nation will be dragged to 20yrs backward.

  20. "He who will one day teach men to fly will have moved all boundary stones; the boundary stones themselves will fly up into the air before him, and will rebaptize the earth." This applies to "the lust to rule"

  21. Anni is right. Everything is constitutional when it comes national interest. Nation is first and above all the laws. No need fresh elections, slowly strangle anti democratic elements. Even you have parliamentary government, these Gundas will come there and you will have a minority government and MPS will be bribed with a coalition government. This is a country with majority people are selfish corrupted and unethical and still evolutionary stage. So you have to be patient and hold on till next election and the next election till all old mentality is vanished. In the meantime ,try to make a liberal society by education and various media program.

  22. Also Anni has to keep a good welfare fund for the next election, ordinary people are more cared about one or two cup of tea and a medical visit to neighboring countries and keep paying old granny pension scheme, you will win the next election too .

  23. Congratulate Mr. President for his moves! Go ahead Anni, go!

  24. Faseeh, the police commissioner. Please take Anni to police station and shave his head. He needs some fresh air to his head.

    As agreed by Law Ministers and endorsed by the Commonwealth Heads of Government Meeting,Abuja, Nigeria, 2003,

    these are the same principles which Dr. Shaheed referred to in his recent meeting with some Commonwealth officials as the Latimer principles...

    "An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice.The function
    of the judiciary is to interpret and apply national constitutions and legislation, consistent
    with international human rights conventions and international law, to the
    extent permitted by the domestic law of each Commonwealth country.
    To secure these aims:
    (a) Judicial appointments should be made on the basis of clearly defined criteria and
    by a publicly declared process.The process should ensure:
    equality of opportunity for all who are eligible for judicial office;
    appointment on merit; and
    that appropriate consideration is given to the need for the progressive attainment
    of gender equity and the removal of other historic factors of discrimination;
    (b) Arrangements for appropriate security of tenure and protection of levels of
    remuneration must be in place;
    (c) Adequate resources should be provided for the judicial system to operate effectively
    without any undue constraints which may hamper the independence sought;
    (d) Interaction, if any, between the executive and the judiciary should not compromise
    judicial independence.
    Judges should be subject to suspension or removal only for reasons of incapacity
    or misbehaviour that clearly renders them unfit to discharge their duties." "http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/%7BACC9270A-E929-4AE0-AEF9-4AAFEC68479C%7D_Latimer%20House%20Booklet%20130504.pdf"

    When we analyze these principles it is evident that elements in the judiciary and some in the the parliament in Maldives must be held accountable for their obstruction of the independance of the judiciary. Nothing Anni has done has been outside what is acceptable within a constitutional framework, and the international community needs to help Maldives implement these principles more effectively for justice to be achieved!

  26. Pleeeeeeeeeeeeeeeeeasse MR. Nasheed, I need protection. Pleeeeeeeeeeeeese, I need protection and free food.

  27. The President Nasheed’s tactics in power.
    1. “Nulafaakan dhekkun”
    2. “Savvis gadi iru hamain nethun”
    3. “hama buddhi filaa hurun”
    4. “gaanooneh othas nethas kurun”
    5. “chartun beyrah dhiyun”
    6. “misarukaarun karuna gas beynun nukurun”
    7. “misarukaarun siyaasee meehun hayyaru nukurun”
    8. “misarukaarun rayyithunge mudhaa nuvikkun”
    9. “thin baaru vakikoh beyvun”
    10. “siyaasee magaamu tha madhu kurun”
    11. ‘aifooraa fashah thakethi gena un”
    12. ‘musaaara thah thiri nukurun”
    13. ‘karantuge agu bodu nukurun”
    14. “corruption nattaalun” (by bribing Alhan, Gafoor, Redwave Saleem and working with people like Zaki, Afeef, Adam Manik, Sato, Jabir, Musthafa, etc etc
    15. “commando of chief of MNDF and Police”
    16. “cabinet isthiufaa dheefa anekka huvaa kurun” (without parliament approval”

  28. Anni I want to spend my holidays in Aarah, is this island only for Politicians and Political Prisoners?
    How can I visit this island

  29. @ Ekaloa: I think you know too much. It is so unrealistic and not even logical that the president would be afraid of a parliamentarian. Especially someone whose corrupt activities are clearly known to the entire public over the years though few people like you doesn't simply feel like believing it. If the president is so afraid of him, he wouldn’t have put him in custody in the first place. Considering the fact that the supporters of Yameen does not tally or come even close to that of the president’s supporters. For all these reasons, I clearly doubt that the president will ever be terrified of him.

    I honestly think the government is doing everything they possibly can to resolve the current political crisis.

    So stop misusing the rights of freedom of expression and start thinking in more broader perspective.

  30. @ haleem: I’m impressed coz you know so much about the President's tactics to be in power. I don’t think even the president's advisors will know that much about him. Why don’t you consider those tactics and start your work to be a "BETTER" leader if the current president's way of being in power is not the way you have in mind to run a country. But you still have to wait for the 2013 Presidential Election. Looks like you still have time! vaane baa ekamu...?!?!? LOL!!!

  31. Anni, you are becoming the laughing stock of Maldives. Please come back to the right track. Please..

  32. We, and our future generations will see peace in Maldives, Only if we put all the politicians in an un-inhabited island and burn the whole island with them

  33. All these are plots of Alivaa gey kuda sarukaaru. anekkaa Bolha go!!! I look forward for the day the old bugger would die .... when the nation mourns ... i shall laugh .... knowing the angels knows it all. no *uckin DRP PA there .... no red carpet .... na nasreena

  34. @heck - very well said. In the end Allah (swt) will bring down the best of punishments for each one of these individuals including us for any wrong we might have done before and for anything we might do in the future. May we all be guided to the right path and protected from sin.

    People need to learn about death so that they can value life.



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