Attorney General resigns claiming job untenable in parliament-caused “constitutional void”

Attorney General (AG) Husnu Suood has resigned claiming his position is untenable in the “constitutional void” triggered by parliament’s failure to enact legislation ensuring the continuation of state institutions such as the judiciary after the interim period.
Suood publicly called for Speaker Abdulla Shahid to follow his lead, after the Speaker cancelled a special session of parliament yesterday intended to resolve interim matters – such as the appointment of Supreme Court judges – before the deadline yesterday.

Following initial reports in the media from opposition MPs, the president’s office issued a statement confirming it had received a letter of resignation from the AG.

In his resignation letter, Suood stated that he had resigned because he did not believe that the state could be operated according to the constitution, because he had noted that state institutions had failed to fulfil their responsibilities as obliged by the constitution.

As a consequence, Suood wrote he did not have the opportunity to perform his own duties and responsibilities under article 133 of the constitution, prompting his resignation.

“His legal opinion is that his job is no longer tenable until the Majlis enacts the appropriate legislation,” said Press Secretary for the President’s Office, Mohamed Zuhair.

Suood appeared on Television Maldives (TVM) this around noon blasting parliament for failing to legislate the continuation of state institutions by the interim period’s deadline yesterday.

Opposition DRP MP Ali Waheed meanwhile stated that the resignation of the AG “proves the disobedience of the executive to the laws.”

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PA proposes bill to protect Dhivehi language

A bill to protect Dhivehi, the Maldivian language, has been presented to  parliament by People’s Alliance (PA) MP Abdul Azeez Jamaal Abubakuru.

Jamaal said that the Dhivehi language was “why Maldivians remain as Maldivians” and the source of the country’s success.

”Dhivehi is one of the most valuable national relics that our forefathers have delivered to us,” Jamaal said. ”Without doubt it is our responsibility to deliver it to the next generation safely, like our forefathers did.”

Jamaal said if people were careless with their mother-tongue, there was a potential for words to be lost.

”I believe that allowing the Maldivian language to dissolve is like dissolving our nationality,” he said.

Maldivian Democratic Party (MDP) MP Mohamed ‘Colonel’ Nasheed thanked MP Jamaal for presenting the bill, but said he did not believe a bill was the only solution.

Nasheed said that linguistic experts of had noted that languages  form, change and decease naturally.

”A perfect research paper on this was produced by Dr Noam Chomsky,” he said. “All these things are mentioned very clearly in his book, ‘Language Death’. It mentions three stages a language goes through before it dissolves.”

Nasheed said that research conducted by UNESCO showed that there were 6800 languages used in the world.

”Our language is included in a list of languages in the report that are at risk of disappearing in 20 years.”

Dhivehi Rayyithunge Party (DRP) Deputy Leader and MP Ali Waheed said that he supported the bill.

”It was not  for political gain that we criticised the disbanding of the National Centre for Arts and Culture,” Waheed said. ”We were just expressing concern.”

Waheed said that although the Maldives was just a small dot compared to many much larger countries, “we should be proud to have our own language.”

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VP agreed to bring in Gitmo detainees, claims Reeko Moosa

Maldivian Democratic Party MDP parliamentary group’s leader MP Moosa ‘Reeko’ Manik has claimed that it was Vice president of the Maldives, Dr Mohamed Waheed Hassan who agreed to resettle Guantanamo Bay detainees in the Maldives.

Moosa further claimed that the government of United States has agreed to assist the Maldives to reinstate the government’s money which was allegedly taken by the former government and stored in bank accounts abroad.

He criticised the way parliament’s national security committee was operating.

”The national security committee works in a different spirit,” Moosa said, ”DRP [Dhivehi Rayyithunge Party] MP Ali Waheed has declined to explain how he became the recipient of confidential documents stolen from the government.”

Moosa said that the case of DRP MP Ali Waheed being the recipient of the documents should also be investigated by police.

”The penalty for his crime should be given according to the law,” he said. ”MDP will also investigate this case.”

He added when parliament starts its session, the MDP parliamentary group will propose a bill to prevent assaults and gang wars in Male’.

Vice President of the Maldives Dr Mohamed Waheed Hassan denied the claims made by MP Moosa Manik.

”I did not agree to resettle Guantanamo Bay detainees,” Dr Waheed said, ”But a [US official] I met during my visit to the States proposed the idea to me.”

Dr Waheed said that after he concluded his visit and returned to the Maldives, he had informed the Foreign Ministry of the issue.

”The Foreign Ministry did not respond to my request to give advice about how I would deal with the issue,” he said. ”I have no information on who agreed to bring in those detainees.’

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Ali Waheed reports leaking of documents to police, “too late” says Zuhair

Dhivehi Rayyithunge Party (DRP) MP Ali Waheed has also reported the leakage of several document concerning the Guantanamo Bay detainees to police. The Foreign Ministry said it was reporting the matter to the police on Tuesday.

Press secretary for the President Mohamed Zuhair said that Waheed was trying to escape after he was accused of being the recipient of a stolen secret document of the government.

Zuhair claimed Waheed had reported the case because ”he realised what he had done.”

”All the collaborators involved in the crime of stealing a government document and spreading it without clarifying its validity are also equally culpable,” said Zuhair. ‘They should be given the punishment that one receives for being a thief.”

Zuhair said the theft of the documents was a crime under articles 12 and 13 of the penal code.

”Politics is not an excuse for crime,” he said. ”Whoever stole the documents is a criminal shall be treated as a criminal.”

He said that government was not trying to bring Guantanamo Bay detainees into the country in secret.

”We will only bring him according to the law,” he said. ”What is the problem with it if he has a valid passport, the threat of being attacked if he goes back to his own country and he is a innocent Muslim?”

He said that Ali Waheed was aware the matter was not unlawful or dangerous, and dismissed counter-claims by the opposition as ”pure political circus”.

”That man [Waheed] has the look of a comedian,” Zuhair said.

Waheed, in a press conference yesterday, announced that he had reported the leaked document to police and said he had requested they investigate the case, so the government’s documents could be safely protected while the National Security Committee was investigating the Guantanamo Bay affair.

”I did not steal anything,” he claimed. “When I received government documents that I believed had the potential to harm the national security of the country I presented it to the national security committee to investigate,” he said.

”I do not believe that it is known as thieving. It was not leaked by my mistake.”

Foreign minister Dr Ahmed Shaheed has also reported the case to the police.

Dr Shaheed said the documents consisted of unofficial communications to the Maldives government from the US government, and a document sent to the Attorney General’s office by the Foreign Ministry.

Dr Shaheed said the documents also included an unofficial letter sent from the US discussing how a legal framework could be established to bring in the detainees.

Press Secretary for the President Mohamed Zuhair has recently said that the document was not leaked but was “deliberately stolen”, which he said caused “a lot of trouble” for the Maldives, by disrupting diplomatic relationships between countries.

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Maldives to resettle two Gitmo inmates

Two inmates of the controversial Guantanamo Bay detention camp that houses terror suspects will be transferred to the Maldives for resettlement, President Mohamed Nasheed has announced.

Addressing growing opposition to the move in his weekly radio address, President Nasheed said the resettlement of the two former prisoners would not “change anything or cause any loss to the country.”

“On the contrary, it will be good for the country,” he said. “[The country] will get a good name, honour and prestige. We will be noted as people who help in whatever capacity we can to help solve others’ problems.”

He added that not helping when the opportunity presented itself was, in his view, was not in keeping with either the constitution, Islam or the Maldivian national character.

“There are more than 150,000 expatriates living in our country. We are benefiting from their work. There is no danger in two more people coming to the Maldives,” he said, stressing that the government would not violate any laws in the process of transferring the inmates.

The religiously conservative Adhaalath Party yesterday clarified its position on the matter, noting on its new English-language website that “if the two men in question are Muslims who have been detained unjustly, providing assistance to them from a Muslim country is not a problem on Islamic grounds.”

However, “if they are terrorists who have committed crimes against humanity, then it is not wise to give them sanctuary in Maldives,” the party said, expressing concern about the government’s “ambiguity” on the subject.

Nasheed meanwhile urged the opposition Dhivehi Rayyithunge Party (DRP) not to make the issue a politically divisive one, calling on opposition parties to take up complaints with the government.

“We will clear up what the DRP wants to know,” he offered.

The president thanked the leader and deputy leader of the DRP as it was the opposition party’s responsibility to hold the government accountable and offered to hold discussions on the subject.

On Tuesday, DRP MP Ali Waheed filed a motion without notice at the parliamentary national security committee to investigate the government’s decision.

“While we don’t even have a proper jail and the society is drowning in gang violence and crime, the Maldivian government has reached the point where they are forming agreements with another country and creating a legal framework to bring in people from the jail that has the world’s most dangerous terrorists and citizens aren’t aware of what’s happening. The People’s Majlis elected by the Maldivian people aren’t aware of it,” Ali Waheed told press on Tuesday.

Not confidential

Nasheed further said the issue has not been kept confidential by the government.

The president referred to his radio address on December 11 when he signaled that Gitmo prisoners cleared off terrorism charges could be transferred to the Maldives.

“If a Muslim does not have a place to live in freedom, we will help in whatever way we can. We don’t want anyone to suffer any harm,” Nasheed had said. “We know that the Maldives, in helping just three people from Guantanamo Bay, does not mean that either the Maldives or the world would be free of inhumane treatment,” he said. “However this jail, Guantanamo jail, is very symbolic.”

He said most of the detainees at Guantanamo Bay were innocent people caught up in the war in Afghanistan, and that offering assistance to other nations in whatever capacity was “a national duty.”

On Friday, the president said it was “very clear” to the government that the Muslims detained in Guantanamo Bay in Cuba were not terrorists.

A Maldivian citizen kept in Gitmo was released by the government, said Nasheed, and Maldives police have concluded that he was not a terrorist.

Meanwhile, Independent MP Mohamed Nasheed wrote on his blog last week that official correspondence showed the government was in the final stages of “resettling” prisoners.

The former legal reform minister wrote that diplomatic correspondence has been exchanged between the Maldivian government and the American Embassy in Colombo to agree upon guidelines for the release and monitoring of the former terror suspects.

He noted that following initial discussions between the two governments, the American embassy sent a three-page diplomatic notice to the Maldives Foreign Ministry in February.

According to the diplomatic note, once the Maldivian government presents written confirmation, it will be agreed that the government shall:

  1. Agree to resettle Gitmo prisoners escorted to the country by the US military
  2. Determine a date and time for arrival after discussions between the relevant officials
  3. If the Maldivian government wishes to relocate or transfer the prisoners to another country, it will be done only after discussions with the US government.
  4. Maintain correspondence on the process of resettlement.
  5. Conduct surveillance on the prisoners while they are in the country, including monitoring their phone calls, letters and other communications.
  6. Prevent them from leaving the country.
  7. Regularly meet them and see how they are settling.

On March 28, writes Nasheed, the foreign ministry asked for legal advice from the attorney general on instituting a legal mechanism for the transfer.

Nasheed also noted possible legal complications concerning the issuance of visas as the immigration laws specify that people ‘considered to’ belong to a terrorist organization or ‘believed to’ pose a danger to national security shall not be given visas.

While the parliamentary committee has scheduled a meeting for Wednesday, Nasheed wrote that ministers would likely be summoned for questioning.

“If our beloved human rights-loving president so wishes, it would be much better for the country if he could implement even one recommendation of the Human Rights Commission,” he added.

DQP anger

Imad Solih, vice-president of the Dhivehi Qaumee Party (DQP), had meanwhile announced the party’s intention to take the matter to court at last week’s “Red Notice” protest.

A statement on the party’s website claims that the President was not empowered to transfer “convicts such as those in Guantanamo by either the constitution or any law or regulation in the Maldives.”

“There is no reason that a small country like the Maldives with limited resources should accept such convicts when a country like America won’t accept them,” it continues.

“While any sense of security of person and property has been lost and people are being knifed in front of police officers, there is no doubt that bringing such serious criminals to the Maldives is only going to make expatriates working in the country as well as visiting tourists more unsettled.”

It adds that President Nasheed’s decision was going to turn the country “from a tourist paradise into a terrorist paradise.”

Moreover, the decision was motivated by the president’s “greed for a prize” as the government was “not making any effort” to repatriate the many Maldivians in foreign jails.

In addition to filing a case at court, the party will be submitting a bill to the next session of parliament on prohibiting the transfer of foreign convicts to the Maldives.

DQP will also communicate with the US State Department and the American embassy to “prevent this from happening”, the party said.

“The president was elected by the Maldivian people to fulfill duties specified in the constitution and the laws of the country,” it concludes, “Under no circumstances does the president have the power to violate the law to further his self-interest.”

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DRP claims MDP activists sending death threats and damaging property

Dhivehi Rayyithunge Party (DRP) Vice President and spokesperson Ibahim Shareef has claimed that Maldivian Democratic Party senior activists are sending death threats and damaging the property of DRP senior leaders.

Shareef claimed MDP senior activists had broke the glasses of his shop near Ahmadiyya by throwing pavement bricks at it.

”I have been receiving many death threats via SMS,” Shareef said. ”They are saying things like they would kill me and cut me into pieces.”

Shareef said all the attacks were “due to the hatred MDP activists have towards the DRP leaders.”

”They have been throwing stones at my house for a week now,” he said. ”If these acts are continuing we might have to become strict.”

The MDP “has a responsibility for them to stop these violent acts of their activists” Shareef said.

DRP MP and Vice President Ali Waheed said he had been receiving threats for more than a year, and was “quite used to them by now. I don’t care about it much.”

Waheed said he received threats via SMS and in person.

”One day a group of people entered my house when I was not at home,” he said. ”They took a knife and threatened my Mum.”

Spokesperson for Maldivian Democratic Party (MDP) Ahmed Haleem said the claims from the DRP leaders “are lies”, and an attempt to attack the dignity of the MDP.

”I am sure than none of us would attack or threaten the DRP,” he said. ”They are just trying to gain political support bhy spreading rumours.”

Haleem said he had seen people “burn their own house and rebuild them just for political purposes.”

Sub Inspector Ahmed Shiyam from the Maldives Police Service (MPS) meanwhile confirmed that police had received “many reports from politicians saying they are being threatened.”

He added that police were currently collecting more information on the cases.

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New Auditor General to be appointed next week, government hopes

The government hopes appoint a new Auditor General by next week, after outgoing AG Ibrahim Naeem was dismissed from his post by parliament earlier this week.

Assistant executive director and interim head of the Auditor General’s office, Mohamed Hussein, said according to the law Ibrahim Naeem was no longer the Auditor General and was not attending the office.

Hussein said he did want to reveal whether staff at the audit office were disheartened by parliament’s decision.

”We always work according to the policy of Auditor General at the time,” Hussein said.

The President’s Press Secretary Mohamed Zuhair said the government was “seeking a capable and educated man for the position,” and hoped to fill the position next week.

“President Mohamed Nasheed has promised to appoint someone as capable and as educated as the former Auditor General,” Zuhair said.

Naeem was formally dismissed by parliament in a DRP-PA coalition-led no-confidence motion on Sunday, after corruption allegations were sent by the Anti-Corruption Commission (ACC) in a letter to a parliamentary sub-committee chaired by Deputy Speaker Ahmed Nazim.

The ACC also sent the case to the Prosecutor General’s office, seeking to initiate court proceedings.

Deputy Prosecutor General Hussain Shameem confirmed the office had received “a huge file of documents.”

“I don’t think [the case will be influenced by Parliament’s decision] as we look it from at a completely different angle,” Shameem said.

“It’s a different process to Parliament. We have to prove beyond a reasonable doubt whether or not he is guilty. Parliament decides on the basis of whether or not he was doing his job.”

Shameem said it would take “weeks” to decide whether the case would be forwarded to the court.

Meanwhile DRP Vice President and MP Ali Waheed said he wished Naeem “a bright future.”

Waheed said the 43-28 vote in favour of dismissal was successful due to votes from the Qaumee Party, Peoples Alliance and many independent MPs.

”This shows that even if a dictator tries to go against the law, the politicians of the country will not allow him do it,” Waheed said.

DRP held a ceremony at the DRP office following to the vote, to celebrate its victory in the no-confidence motion.

”We celebrated the victory as we had tried very hard for this,” Waheed said. ”We were arrested and police took us to Dhoonidhu and people tried for this so much.”

He said all the demonstrations over the weekend were because the MDP MPs “tried to deadlock the parliament.”

”We do not want parliament to be cancelled for even one day,” Waheed said.

He called on people to show the same effort when the parliament begins debate over the controversial decentralisation bill.

He said he do not want to say anything about accusations the Auditor General made against senior DRP officials in his audit reports.

”That will be decided by the court, whether they are true or not,” he said.

Zuhair claimed that the vote against the Auditor General proved the DRP had “the best interest of their political party in mind and not the best interest of the country.”

He said Naeem’s reports contained accusations against former government ministersare now independent MPs.

”That’s why they voted the way they did in the no-confidence motion,” Zuhair said.

He added that the audit report was not only the work of the Auditor General, “but a big team in the Audit Office.”

Minister for Home affairs Mohamed Shihab is another government official facing a potential no-confidence motion from the DRP, in response to a police decision to detain Waheed and several other senior DRP leaders.

Shihab said he would not comment on prospect of a no-confidence motion against him “until I receive notice of it from parliament.”

Spokesperson for Maldivian Democratic Party Ahmed Haleem did not respond to Minivan News at time of press.

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Police send case against DRP MP Ali Waheed to Prosecutor General

Police have sent several cases involving  Dhivehi Rayyithunge Party (DRP) Vice President and MP Ali Waheed to the Prosecutor General’s office.

Deputy Prosecutor General Ahmed Shameem confirmed the office had received several criminal cases concerning Waheed, and would decide in a week whether to take the cases to court.

“There is a process in the Constitution [that if a MP is found guilty of a criminal offence] it is punishable by 12 months in prison. He would be automatically removed from Parliament,” Shameem said.

Police Sub Inspector Ahmed Shiyam said one of the cases concerned Waheed’s claims that police helped protesters during a disturbance outside the president’s residence and MNDF headquarters in January.

He said other cases against Waheed would also be sent to the PG as soon as the police finished their investigations.

Meanwhile Waheed said he was “very confident” that he had not done anything against the law.

”It’s all President Mohamed Nasheed’s doings,” Waheed claimed. ”He is afraid of me.”

He added that he hoped the cases would be sent to the courts as soon as possible.

”They take me to police custody like a medicine they take twice daily,” he said, ”so its difficult to identify which cases they have sent to PG. Ask President Nasheed – I have no idea.”

He maintained that the police decision to detain DRP leaders in during last Thursday’s protests was “politically motivated.”

”That night when they took me Dhoonidhoo I was not doing anything,” he said. ”I was trying to protect our people from being attacked by Maldivian Democratic Party (MDP)  activists and I was standing in front of DRP office as I am a leader of the party.”

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DRP to take no-confidence motion on Home Minister

Dhivehi Rayyithunge Party (DRP) MP Ali Waheed has said the party will put forward a no-confidence motion against Home Minister Mohamed Shihab, after police detained Waheed and several other senior party figures in an effort to defuse violent clashes between the supporters of both parties on Thursday night.

”We decided to take the no-confidence motion against Shihab because he used his powers and influence against the law,” Waheed said, adding that details would be provided tomorrow.

Waheed alleged that when the situation in Male’ broke the peace of the country on Thursday night, “Shihab was relaxing in a nearby resort.”

He said the party had received information “from a trusted source” that President Mohamed Nasheed gave the order to police that night to arrest the senior party leaders.

”The police have no powers, they only have to take orders from their leader,” he said.

However the President’s Office said yesterday that the government had full confidence in police and “absolutely no involvement” in the decision to remove the DRP leaders from the protest.

But Waheed claimed that the police “cannot arrest MPs while a no-confidence motion is ongoing inside parliament.”

”The police lied to us, saying that they were taking us to police head quarters to calm down the situation,” he said. ”Instead they took us to Dhoonidhu and took our mobile phones, and treated us just like the other criminals there.”

Vice president of DRP Umar Naseer said that there were “many things” the Home Minister had done, including “attacking peaceful protesters with tear gas.”

”He arrested MPs while there was a ongoing no-confidence motion in the parliament which is against the law, did not stopped MDP thugs attacking us, and did not enforce the law,” Naseer said.

He also claimed that President Mohamed Nasheed was “giving the orders to police that night”, claiming the party had obtained the information “because 90 per cent of the police and Maldives National Defense Force (MNDF) support the DRP.”

Press Secretary for the President Mohamed Zuhair confirmed that President Mohamed Nasheed went  to the police headquarters on Thursday night, “but not to give orders.”

”He went there because he is the owner of all the powers – police and MNDF,” Zuhair said, ”but the Commissioner of Police was the one giving the orders.”

Zuhair claimed that the opposition was trying to take no-confidence motion against ministers “one by one” to delay more productive bills sent to the parliament by the government.

”Countries with civil wars pass more bills in parliament than the Maldives does,” Zuhair said.

He said the opposition “is  jealous and cannot accept their failure.”

”They are trying to show the people that they still have powers,” he suggested.

MDP’s parliamentary group spokesperson Mohamed Shifaz said the party would stand against the no-confidence motion on the home minister as ”we have not noticed home minister doing anything against the law.”

He said the party’s parliamentary group would continue to discuss the issue.

Meanwhile, the Human Rights Commission of the Maldives (HRCM) released a statement appealing to the police to respect laws and to treat everyone equally when they work to disperse crowds.

HRCM said that ”political parties meetings are interrupted due to differences among people on political issues.”

The commission said it had noticed that regulations governing the  dispersal of protests “are not being applied equally among everyone”, and that Article 32 of the Constitution guaranteed ”freedom to gather peacefully without prior permission  from the government.”

Home Minister Mohamed Shihab and State Minister for Home Affairs Ahmed Adil did not respond to Minivan News at time of press.

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