CNI – Page 2 – Minivan News

MDP confident MPs will support a parliament boycott as party seeks international pressure for reforms

The opposition Maldivian Democratic Party (MDP) has said its parliamentary group is expected to support proposals to boycott the People’s Majlis, alleging the government is failing to secure agreement on early elections or reforms to key national institutions.

MDP MP and Spokesperson Hamid Abdul Ghafoor said today that despite delaying a decision this week on whether the party’s parliamentary group would back its calls for a boycott, support would be forthcoming for “disengagement” from a political process he claimed was failing to secure reforms highlighted in the Commission of National Inquiry (CNI) report.

However, a number of government-aligned parties speaking with Minivan News have slammed any such boycott, claiming that with the release of the CNI’s findings last month, parliament was now the only place where agreement and concession on the nation’s political “differences” can be made.

MP Ghafoor said that talks scheduled for Sunday (September 16) between the MDP Parliamentary Group and its national council had failed to come to a decision on whether such a boycott would be supported. Ghafoor added that a number of MPs were unavailable to participate either through travelling or being in their constituencies.

“Yesterday we didn’t have adequate numbers to make a decision so we wanted some more time on this matter,” he claimed.

Ghafoor said he was confident there would ultimately be support to move ahead with the boycott, which was claimed to be vital in maintaining international pressure in securing hosting early elections as soon as possible. Several recommendations were raised through the conclusions of the CNI concerning the capacity of the country’s judiciary and “excessive force” used by elements of the police between February 6 and February 8.

The MDP has maintained that as well as highlighting a need for reforms of the country’s judiciary and certain civil society institutions, the CNI’s conclusions also called for action to be taken against key defence and military officers suspected of instigating acts of violence in the build up and aftermath of the transfer of power.

Ghafoor claimed the government had failed to show any substantial commitments meet it obligations in addressing these concerns, as well as rejecting a role for the MDP in the new president’s coalition government.

“The boycott should be viewed as a total disengagement from the process of engaging with opposition parties both through talks and the Majlis,” he said. “We hope to create a vacuum that would bring an international third party into the process.”

Ghafoor added that the party had been “engaged” since February 7 in dialogue to try and secure agreement on moving forward with the national unity coalition government of President Dr Mohamed Waheed Hassan, which it accuses of coming to power in a “coup d’etat”.

The MDP’s claims of a “coup d’etat” were dismissed by the CNI report, which was published last month and later accepted by the MDP. This acceptance was said to be made with several reservations that were raised by the appointee of former President Mohamed Nasheed about an alleged failure to commit certain key evidence and witness accounts from the report’s findings.

Ghafoor contended that a number of concerns remained including the the government rejecting allowing the MPD to join the national coalition government as well as the inclusion of the Progressive Party of Maldives (PPM) and the Dhivehi Rayyithunge Party (DRP) in the executive following the transfer of power.

“What we have right now is a structural problem here. We are told that no coup has occurred yet, we have opposition parties in the executive, while we have now become the country’s opposition according to the Majlis,” Ghafoor said. “The onus right now is on parliament to carry forward on these talks and ensure agreements can be reached. We are not confident this can be done [through dialogue with the government and coalition parties],” he added.

Ghafoor claimed that the MDP’s strategy was aimed at ensuring a renewed role for the international community to help push for reforms, something the party earlier this week stated be a key focus for former President Nasheed during an ongoing visit to the UK.

“The international community still has a responsibility to engage the situation here and try and find a solution to the issues being faced,” he said.

Responding to the proposed Majlis boycott, Jumhoree Party (JP) Deputy Leader Abdulla Jabir said that any party – no matter their political allegiance – opting to boycott the Majlis was a regrettable development as the country sought political and economic stability.

“I would regret any party, be it the MDP, PPM or DRP deciding to disrupt the People’s Majis. We are a small country after all,” he said.

Jabir claimed that in line with “many mistakes” made by former President Nasheed whilst he was in office, the MDP’s proposal to block the work of the Majlis was a similarly “regretful” decision.

Meanwhile, Abdullah Ameen, Secretary General of the government-aligned Dhivehi Quamee Party (DQP) told Minivan News that he believed that the Majlis remained a place of “engagement” for political parties, as well as the only place where any “concessions” between politicians could be made.

“There are definitely issues that need to be addressed on all sides and parliament will remain the best place to discuss issues such as early elections or any changes to the constitution,” he said.

Ameen added that while international assistance was welcome in trying to resolve political matters, local independent institutions already existed to address any issues that arose.

“If it becomes too difficult to find resolutions through the Majlis, then international assistance is welcomed, but it is best practice to try working through the Majlis first,” he said.

“As a nation we need to sit down and talk. If you wish to pressure the government the streets are not the place to do so. The government and coalition parties are here to speak. It’s very sad that people are not choosing to do so.”

According to Ameen, Dr Waheed’s coalition government had already conceded to what he claimed were MDP demands to reform the CNI with international participation to address concerns about its independence.

“The MDP demanded international observers and we addressed these concerns. I don’t know what more we can do,” he added.

The original three member CNI was reformed under pressure from the Commonwealth Ministerial Action Group (CMAG) to include a co-chair in retired Singaporean judge, an appointee to represent former President Nasheed and international observers. The reformed body began its work back in June.

Minivan News also sought a response over the proposed boycott from DRP Leader Ahmed Thasmeen Ali and PPM Interim Deputy Leader Umar Naseer, whowere not responding to calls at the time of press.

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‘February in history’: Himal Southasian

“What happened in the Maldives on 7 February this year has been the subject of constant debate ever since. The completion of the investigation into these events last month did little other than confirm the one thing that everybody already knew: that the winners of the power struggle that day were those who found themselves in charge come 8 February,” writes Daniel Bosley for Himal Southasian magazine.

“The old maxim that history is written by the victors appeared to have been borne out as the Commission of National Inquiry (CoNI) not only absolved all those in the current government of any wrongdoing in the suspicious ousting of former president Mohamed Nasheed, but also laid upon Nasheed the blame for all the events preceding his resignation.

After a quasi-legal investigation, the final report read more like a political justification for the removal of an opponent than a genuine attempt to untangle the confusion surrounding the events, which many believe to have been a coup d’état.

After half a year, the addition of two new members, and an additional month’s delay, the commission’s credibility was already under question. It came as no surprise, then, that the final draft brought no real agreement over the circumstances surrounding Mohamed Waheed Hassan’s ascension to the presidency.

What the CoNI report has done, however, is to enter the first official account of the fateful day’s events in the ledger of Maldivian history. Anti-climactic and unsatisfactory, can the CoNI still mark the beginning of a new chapter in Maldivian democracy?”
Read more

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Home minister notes “better environment” after CNI report

Home Minister Mohamed Jameel has said the Maldives now provides a much “better environment” for the country’s political factions to work towards stability following the publication of the Commission of National Inquiry (CNI) report.

Speaking following a parade held yesterday in Male’ to commemorate the country’s Independence Day, rescheduled from earlier this year, Dr Jameel claimed that with the conclusion of the CNI’s work late last month, the government was now able to move ahead with its duty of serving the public.

The CNI’s findings, welcomed by the Commonwealth, US and the UN, rejected accusations that the present government came to power illegally, despite claims from former president Mohamed Nasheed that the report’s findings were flawed and failed to include key witness statements and evidence in its findings.

The now opposition Maldivian Democratic Party (MDP) – of which Nasheed is the current presidential candidate – today said that it continued to hold severe structural concerns about the CNI’s conclusions. The concerns themselves were highlighted in a report prepared by Sri Lankan legal experts after a request from the MDP.

“Way forward”

Despite these concerns, the MDP has claimed the CNI report’s publication had provided the party with a “way forward” to push for institutional reform and early elections, whilst also lobbying to keep the Maldives on the agenda of the Commonwealth Ministerial Action Group (CMAG). The party has contended that remaining on the agenda will help maintain international pressure on the government to enact a reform agenda – the need for which was raised in the CNI’s findings.

Home Minister Dr Jameel told Minivan News today that from the government’s perspective, the issue of February’s transfer of power had been firmly settled through the CNI’s findings. Dr Jameel claimed that any further political resolutions should be settled domestically.

“We will not dwell further on the same issue [CNI]. As a nation, reforms to the government and other institutions is an ongoing agenda like any other nation,” he said. “I do not believe that any international organisation, country or individual has the mandate or authority to dictate to us our national priorities and reform agenda – be it the Commonwealth or its Secretary General. We appreciate their engagement, but [the Commonwealth] should also recognise our need to move forward and allow us to find local solutions to local problems.”

Dr Jameel claimed that rescheduling the national Independence Day parade from July until yesterday was a timely reminder of the “importance of national unity, mutual respect and shared values.”

“It is more relevant now than at any point in history as the country is increasingly seen to be drifting away from those values due to political emotions, opinions and other exposures,” he said.

The Independence Day parade, which was concluded with a special ceremony at the Galolhu Stadium in Male’, was attended by President Dr Mohamed Waheed Hassan and his wife, First Lady Ilham Hussain.

Independence Day is celebrated on July 26, though Dr Jameel, who was also in attendance at the ceremony, said that the parade had been delayed from July owing to “time constraints” and had to be rescheduled to consider outstanding engagements of its participants.

Better environment

Addressing the home minister’s claims that the Maldives was now a “better environment” to address political differences following the CNI’s publication, MDP MP and Spokesperson Hamid Abdul Ghafoor said the MDP had offered to try and work with the government to pursue institutional reforms.

Ghafoor claimed these efforts had included attempts to try and work within Dr Waheed’s coalition government in what it called the “common interests” of the public – a strategy that was later rebuffed.

“We do not want to be working with this government, we ourselves want to see early elections as soon as possible,” he said earlier this month.

Ghafoor claimed today that despite its reservations about the validity of the CNI’s findings, the party would continue to lobby to keep the Maldives on the agenda of the Commonwealth Ministerial Action Group (CMAG) to maintain international pressure on the government for early elections and institutional reform.

“We simply do not believe that the CNI report legitimises the government. If the [transfer of power] was not a coup then why are the country’s former opposition now leading the executive,” he said. “The structural issues that we have [with the CNI’s findings] will not just go away. Things are not going smoothly in the country.”

Ghafoor claimed that while attempts to have the People’s Majlis and Supreme Court rule whether the MDP should be regarded as the country’s main opposition or governing party had not been successful so far, the party still had power in the Majlis through parliamentary committees to meet aims for fresh polls.

“Right now we see the way forward is to continue to push for early elections. We will also push to keep us in the CMAG agenda and ensure there is a third party international pressure to ensure the government are held to a schedule regarding the CNI’s recommendations on institutional reform,” he said.

“We do see CNI report as a way forward and we would wish for CMAG to keep a watch on the country. So on the back of our reservations of the CNI report, we will coniute to lobby to keep the Maldives on CMAG’s agenda.

Despite the MDP’s lobbying, the government has this week urged CMAG to remove the country from its agenda.

Both Dunya Maumoon, State Minister for Foreign Affairs, and Dr Hassan Saeed, Special Advisor to the President, have publicly argued that the Maldives had been treated unfairly, suggesting that the country should leave the Commonwealth should it not be removed from the CMAG agenda without delay.

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Government urges CMAG to remove Maldives from agenda

The government has sent a statement to the Commonwealth Ministerial Action Group’s (CMAG) demanding its removal from the group’s agenda, ahead of its teleconference this Tuesday (August 11).

In the statement, dated September 7, the government argues that there remains “simply no justification for keeping the Maldives on the [CMAG] agenda”.

The CMAG had placed the Maldives on its formal agenda in February although President Dr Mohamed Waheed Hassan’s government has maintained that the group “lacked the mandate” to to so.

Waheed’s government also spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, in a bid to challenge what they deemed was the Commonwealth’s “biased” stance on the Maldives, and has continued to express disapproval at what it terms “interference” by the Commonwealth.

The government’s statement offers five reasons in support of its removal from the CMAG agenda.

Firstly, the government pointed out that the recently completed Commission of National Inquiry (CNI) had found no legal issues surrounding the transfer of power, adding that its international observers had hailed the report as “exemplary.”

The publication of the CNI was closely followed by an independent legal analysis which has raised serious doubts over the credibility of the CNI’s findings.

The teleconference statement added that former President Mohamed Nasheed had also welcomed the report, “though with some caveats”.

The most notable of the caveats mentioned by Nasheed was that the report left the country in a “comical” situation “where toppling the government by brute force is taken to be a reasonable course of action.”

Secondly, the government reasons that the CNI’s findings of police brutality are already being acted upon by the relevant independent institutions – the Police Integrity Commission (PIC), the Human Rights Commission (HRCM) and the Prosecutor General (PG).

The onus placed on these institutions since the release of the report has again raised doubts as to their ability to handle these politically sensitive investigations.

However, the fourth reason cited for the removal from CMAG’s agenda was the government’s willingness to expand cooperation with the Commonwealth in order to strengthen the institutional infrastructure.

This willingness to enhance relations with the Commonwealth appears at odds with the apparent enmity shown by senior figures towards the organisation since the CNI’s release.

Both Dunya Maumoon, State Minister for Foreign Affairs, and Dr Hassan Saeed, Special Advisor to the President, have publicly argued that the Maldives had been treated unfairly, suggesting that the country should leave the organisation should it not be removed from the CMAG agenda without delay.

“Should the Maldives continue to be kept on the CMAG agenda, I have to say that there are a lot of citizens and very senior members of the government who have many serious concerns regarding whether the Maldives will stay on as a member of the Commonwealth,” Dunya told the press last Thursday.

Dr Hassan launched a scathing attack in a comment piece for local newspaper Haveeru, in which he argued that the Maldives had received “third class justice” from the Commonwealth.

“It is my belief that the Commonwealth and its institutions have treated us very badly,” wrote Dr Hassan.

“I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” he said.

President’s Office Spokesman Abbas Adil Riza was reported in local media today as saying that he does not feel CMAG should intervene in any future challenges the country faces.

When discussing the current visit of Commonwealth Special Envoy Sir Donald McKinnon, Abbas said he felt this would be McKinnon’s last visit to the country.

The third reason listed by the government in its statement to CMAG argues that calm had been maintained “despite some serious efforts by the opposition to create unrest.”

Although there was widespread anticipation of unrest before the release of the CNI with Nasheed at one point calling for his supporters to “topple the government”, the demonstrations surrounding the report’s release were not accompanied by a notable increase in violence.

The presence of international news crews in anticipation of unrest did, however, did lead to greater coverage of the ensuing protests.

The statement also mentions the initiation of the ‘Leader’s Dialogue’ talks which it claims will focus discussion on practical issues such as legislation which will ensure elections next year can be held freely and fairly.

Finally, the government argues that the stigma of remaining on the CMAG agenda is negatively affecting foreign investment and tourism in the country.

“The Maldives, which is one of the smallest countries in the Commonwealth, is experiencing difficulties in finalising foreign investment projects, and in some cases, concessional loan financing, as well as a drop in tourist arrivals into the country as a result of being on the CMAG agenda,” read the statement.

Ministry of Tourism figures show that this year’s tourist arrivals had grown just 2.8 percent compared to the same period in 2011. Figures for 2011, however, showed growth of 17.6 percent compared with 2010’s arrivals.

President Waheed travelled to China last week where he finalised agreements for a US$500 million loan (MVR7.7billion).

“It is therefore time that the Maldives is removed from the formal agenda of the CMAG and allow the government to focus on what it is expected to do; cultivating and nurturing democracy in the Maldivian society,” concludes the statement.

“After all, in democracies, governments are answerable to the people,” it finishes.

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CNI report “selective”, “flawed”, “exceeded mandate”: Sri Lankan legal experts

A legal analysis of the Commission of National Inquiry’s (CNI) final report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General – has been prepared upon the request of the Maldivian Democratic Party (MDP).

The scathing report accuses the commission of exceeding its mandate, selectively gathering and acting upon evidence, and failing to adequately address the fundamental issue with which it was charged: determining whether former President Mohamed Nasheed resigned under duress.

“[The CNI] appears to have abdicated its duty to objectively and reasonably bring its collective mind to bear on whether or not there was duress involved in the purported resignation of President Nasheed,” concludes the the detailed report.

The CNI report had stated that Nasheed’s resignation was “voluntary and of his own free will,” adding: “It was not caused by any illegal coercion or intimidation”.

The legal analysis’ authors include two Sri Lankan Supreme Court attorneys – Anita Perera and Senany Dayaratne – and the former Sri Lankan Attorney General Shibly Aziz.

“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.”

The Sri Lankan legal team also believe “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.”

Last week’s official release of the CNI report was preceded by the resignation of one of the commission’s five members.

Ahmed ‘Gahaa’ Saeed – Nasheed’s nomination to the commission – resigned after viewing the first draft compiled by the Singaporean co-chair, retired Supreme Court Judge G.P. Selvam.

“I feel compelled to formally register with you a number of issues that I believe, if left unaddressed, will seriously undermine the credibility of the report,” Saeed wrote to his colleagues on August 26.

“I also believe these matters defeat the purpose for which the CNI was established,” he added.

Saeed’s concerns – which included withheld evidence, non-examination and obstruction of witnesses, and overlooked evidence – appear to have been substantiated by the Sri Lankan analysis.

The MDP had previously commissioned a legal report by a team of Danish experts which concluded that Nasheed had resigned under duress.

“To the extent that a ‘coup d’etat’ can be defined as the ‘illegitimate overthrow of a government’, we must therefore also consider the events as a coup d’etat,” read the analysis, titled ‘Arrested Democracy’.

Exceeded mandate, flawed report

The Sri Lankan analysis focuses on five main areas: the CNI’s compliance with its mandate, the procedure pursued in exercising this mandate, the evidence gathering process, the adherence to the “imperative dictates” of natural justice, and the legal issues which ensue from this.

In addressing the issue of the mandate, the analysis states the following: “It must be emphasised that the mandate granted to the Commission, is not to investigate whether the ouster of President Nasheed is politically justified, nor is it an evaluation of the manner in which the President discharged his powers and duties during his period of office.”

The report opines that the CNI simultaneously expanded its mandate to include additional concepts such as ‘common-good and public interest’, whilst restricting itself to completion in a timely manner in order to move the country forward.

The analysis argues that “without any explanation or rationale” the CNI focussed only on the physical threats to Nasheed without considering the context of pressures which were “exerted on the ability of the President to lawfully administer the country” in the period under review – January 14 to February 7.

Procedure and evidence

“It is respectfully submitted that the Report, which was compiled and released in less than two months, cannot be relied on as a credible analysis of the legality of the change of power as it has, inter alia, not provided objective reasons for the way in which it has selected or afforded weight to the evidence considered for its conclusions; has deviated from the critical issues it was required to consider in terms of its mandate and appeared to have conferred on itself an objective of ascertaining a political justification for the change of government rather than analysing, as it was required to do, the legality of the said change.”

In analysing the evidence gathering aspect, the analysis provides a table of “numerous glaring omissions” which include:

No testimony from deputy leader of the Progressive Party of Maldives (PPM) Umar Naseer, or consideration of public statements calling for, and taking credit for, the overthrow of the government.
No examination of the role of then Vice-President Dr Mohamed Waheed Hassan on February 7 and his meeting with opposition leaders on January 30.
No mention of the leaders of some opposition parties openly joining protesters on the morning of February 7, and the fact that some were inside the police headquarters “conspiring alongside certain senior police officers.”
No inclusion of the account of Nasheed’s wife, Madam Laila Ali, despite the basis of coercion adopted by the CNI including threats to Nasheed’s family.
No analysis as to why Mohamed Nazim, currently the Defence Minister but a civilian on the morning of February 7, announced the appointment of acting heads of the police and military before Nasheed had resigned.
No testimony from key witnesses, such as Chief of Defence Brg. Gen. Moosa Ali Jaleel and Deputy Police Commissioner Ahmed Muneer, despite CNI’s procedural rules prescribing “rigorous deliberation” on obtained evidence.
Statements from key personnel like Male’ Area Commander Ibrahim Didi and Commissioner of Police Ahmed Faseeh were not taken August 27.

The report also repeats the concerns of ‘Gahaa’ Saeed that vital CCTV footage was not obtained by the commission.

“In view of the totality of the foregoing, it is submitted that CNI failed, and/or neglected, to take such steps as are necessary to ensure a full evaluation of all relevant evidence and/or expressly account for any limitations therein,” it states.

Natural Justice

Citing the dictates of natural justice, the analysis argues that the CNI impinged on the right to a fair hearing and the rules against bias.

The Sri Lankan experts argued that, as the report at various time treats Nasheed as a witness, a complainant, and as the accused, he ought to have been afforded greater opportunity to give evidence and to defend himself.

“The Report appears to depict the President as the accused in an investigation that, however, was never designed or intended to place any culpability on anyone, unless the Commissioners so misconceived their writ,” the authors stated.

The analysts also point out that the events of February 8 were treated as stand-alone incidents and not used to contextualise the climate in which the previous day’s events tool place.

They also argue that the CNI’s conclusion that the events of February 6 and 7 were responses to Nasheed’s actions implies that he got what he deserved, and was therefore “tainted with manifest bias.”

“The report further purports to create a strange burden of proof that no evidence is required to prove or disprove allegations, if the commission is of the opinion that the allegation is lacking in substance or reality,” read the analysis.

“It appears therefore, regrettably, that the commission appears to have adopted the whims of its preconceived notions, rather than the requirements of its mandate, in determining the evidence it will consider in compiling the Report,” it continued.

Legal issues

The legal issues concomitant with the CNI’s conclusions include the use of a draft penal code from 2004 to support the claim that Maldivian law does not define a coup d’etat.

It is also suggested that the CNI failed to consider the principle of duress as referred to in its original mandate, instead interchanging the term with ‘coercion’ which has a far narrower scope involving only threat to life limb or liberty.

It is argued that restricting illegal pressure to physical threats is not appropriate in a political context.

The legal analysis concludes that the evidence seen “gives strong credence to the claim that President Nasheed was under duress when he tendered his resignation”, even when considered in terms of the ‘coercion’ used by the CNI.

Regarding the claims that the events could not have amounted to a coup d’etat, the Sri Lankan team argued that there is no provision in Maldivian law which corroborates the CNI’s rationale that a Vice President can succeed a President based solely on the fact he was elected on the same ballot.

“The limitations of such an argument lie in the fact that it purports to construe the change of power or justify the change of power in terms of what had transpired 3 years ago rather than what had transpired in the present,” said the Sri Lankan report.

“The simple question that [the CNI] needed to answer to ascertain whether there was a coup was who controlled the communications and defense functions of the country – who was the police and military personnel listening to, who was occupying the national television promises immediately before President Nasheed’s resignation,” it continues

The analysis further suggests the CNI became overly focused on dispelling accusations of a coup, rather than simply determining whether the transfer of power was legal, the two not being mutually exclusive.

The analysis also adds that, just because a coup is not defined in Maldivian law, it does not mean it is not prohibited, suggesting that the penal code provides multiple provisions prohibiting unauthorised challenges to governmental authority.

The CNI’s claims that an army mutiny is an internal military matter is dismissed in the analysis by pointing out the president’s position as Commander-in-Chief.

It also suggests that the inability of the president to control his army is a “universally accepted hallmark” of a coup.

The constitutionality of the transfer is also challenged on the grounds that the permanent, as opposed to temporary, resignation and swearing in of presidents must take place before the People’s Majlis, as prescribed in Article 114 of the constitution.

“These authors observe therefore, that CONI could not have conclusively arrived at a finding that all constitutional provisions were duly complied with and further observe that such inconsistency cannot in any way be dismissed as a failure to comply with a mere protocol.”

“More importantly this also confirms the state of affairs that may have prevailed at the time of resignation where the persons who were desirous of bringing a change in the presidency were willing to sidestep constitutional requirements to replace President Nasheed,” concludes the analysis.

Read the report (English)

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“Too little, too late”: President’s Office dismisses chances of MDP coalition

President Dr Mohamed Waheed Hassan has decided not to include the Maldivian Democratic Party (MDP) in his national unity government, his advisor Ahmed ‘Topi’ Thaufeeg has told local media.

“It is too little, too late”, said President’s Office Spokesman Masood Imad, adding, “[the MDP] remain a viable opposition.”

Immediately after his accession to the presidency, Waheed announced that he would leave some cabinet posts vacant for the MDP.

However, feeling President Waheed to have taken power illegally, the MDP refused these overtures.

After the Commission of National Inquiry (CNI) concluded that the transfer of power on February 7 did not amount to a coup, MDP Chairman ‘Reeko’ Moosa Manik attended the newly-coined ‘Leader’s Dialogue’ meeting on Sunday.

Whilst local media had reported that Moosa requested a place for the MDP in the current government, Moosa himself told Minivan News yesterday that he had only asked for clarification on the MDPs position – whether it should be considered the ruling, or the opposition party.

Responding to this argument, Masood today said: “The point here is that the MDP fails to understand is that this is not a parliamentary system, it is a presidential system.”

This constitutional problem was also included in the observations of the CNI’s international observers.

“There are tensions within the Constitution itself with a Presidential system engrafted onto a Parliamentary system which will always be problematic,” commented Sir Bruce Robertson and Professor John Packer.

MDP Spokesman Hamid Abdul Ghafoor, who described some of the observers comments as “mocking a young democracy”, today said the party’s National Executive Committee (NEC) will discuss requesting a Supreme Court ruling on its role in the government.

“We don’t know who we are in government,” said Ghafoor.

“This is a sticky problem. The CNI’s assumptions are that the government has not changed, so it is the President’s prerogative to deliver on the MDP manifesto,” he continued.

President Waheed and his Gaumee Ittihad Party (GIP) joined the former coalition government, which included the MDP, the Jumhooree Party (JP) and the Adhaalath Party, to win the 2008 elections.

The coalition, however, began to break up after only 21 days when the JP withdrew. The Adhaalath Party was the last part to withdraw from the coalition in September 2011.

Local media today reported the Adhaalath party as having publicly lauded Waheed’s decision.

Sun Online reported Deputy Leader of Dhivehi Rayyithunge Party (DRP) Ibrahim Shareef as saying that the MDP ought to be allowed into the government if it adapts its policies.

Ghafoor interpreted these comments as evidence that certain leaders are “jittery”: “They want to straighten this out”.

The issue of a constitution comprising elements of both presidential and parliamentary systems was discussed by Waheed his official visit to India in May.

“You know our constitution is pretty much a cut-and-paste constitution. We have elements of parliamentary system as well as presidential system,” Waheed told the diplomatic community in New Delhi.

“The presidency is very much fashioned after presidency in the United States, and the parliament functions as a parliamentary system like in the UK. So there are issues that have to be resolved around that,” he continued.

Ghafoor also drew comparisons with the US system, arguing that after the 1974 resignation of President Richard Nixon, his Vice-President and successor Gerald Ford did not reshuffle the executive.

Referring to the MDP’s purported requests to join the current government, Masood said, “If they are allowed to join the current government now – where is democracy?”

“We are one year away from elections where we can let the Maldivian people decide,” he added.

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Reeko Moosa summoned by police for “disrespecting judiciary”

Chairman of the Maldivian Democratic Party (MDP) ‘Reeko’ Moosa Manik has been summoned to appear before the police at 4:00pm Tuesday, in relation to two cases regarding “disrespect of the judiciary”.

Moosa, who was issued with an official note requesting his presence at 1:30pm Monday afternoon, told local media that he was unaware of any cases involving him.

“This is a tactic to intimidate me and the MDP members. I also believe that this an attempt by some of the parties in the coalition government to impede the current Leaders’ Dialogue,” Moosa told Haveeru.

Moosa was not responding to calls at the time of press.

The summons comes the day after Moosa participated in the first round of party talks following the publication of the Commission of National Inquiry (CNI) report, which ruled February’s transfer of power to have been constitutional.

At yesterday’s ‘Leaders Dialogue’, Moosa requested clarification of the MDP’s position in the apparently-legitimised government.

Police Spokesman, Sub-Inspector Hassan Haneef, told Minivan News today that the cases were lodged on March 21 and April 24 this year.

Haneef said that the cases of disrespecting the judiciary related to comments Moosa had made during political rallies.

Reform of the judiciary was one of the primary concerns of the previous MDP government, eventually culminating in the military’s arrest of Chief Justice Abdulla Mohamed in January this year.

This incident lent greater fervour to anti-government demonstrations which peaked on the night of February 6, prompting then-President Mohamed Nasheed’s resignation the next day amid a police and military mutiny.

Home Minister at the time, Hassan Afeef, accused Judge Abdulla of, amongst other things, ordering unlawful investigations, disregarding the rulings of higher courts and releasing dangerous suspects who went on to commit further crimes.

The Judge in court quashed his own summons by police, leading Nasheed’s administration to turn to the military to make the arrest. The CNI report described that arrest of Judge Abdulla as “an unconstitutional and unlawful act.”

Nasheed, former Defence Minister Tholath Ibrahim Kaleyfaan, and three Maldives National Defence Force (MNDF) officers are currently awaiting trial in relation to Judge Abdulla’s arrest.

After the release of the CNI report, Nasheed requested that this trial be expedited and has been reported as being keen to have his day in court.

The CNI also found that acts of brutality had been committed by the police on February 6, 7 and 8 and urged that these instances be investigated.

Moosa himself was left in a critical condition after being brutally beaten by police officers on February 8.

Despite the findings of the report that the police mutiny of February 6 did not amount to a coup, the past week has seen continued discussion of the politicisation of the police force.

“Every citizen would want to shape the Maldives Police Service in a way to make it free from political influence,” Dhivehi Rayyithunge Party Leader Ahmed Thasmeen Ali reportedly said on Saturday.

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The Maldives: Mired in presidential intrigue

“In the end, whether it was a coup or not is academic. The chance to reverse the situation is long gone. Waheed’s government is established,” writes Will Jordan for Al Jazeera.

“But there are two other questions. Was there a conspiracy to cripple Nasheed’s government? And did Gayoom have a hand in bringing Nasheed down?

The evidence is circumstantial.

It centres on what the Danish experts describe as ‘a highly unorthodox meeting’ at the end of January between then Deputy President Waheed and the opposition leaders. Afterwards, opposition figures pledged their allegiance to Waheed.

Two key players in Nasheed’s downfall have also received senior posts. Mohamed Nazim is Defence Minister. Abdulla Riyaz is Minister for State and Home Affairs. They both watched as Nasheed signed his resignation.

Waheed was also fast to reshuffle his government, promoting Gayoom’s son and daughter to the foreign and fisheries ministries respectively.”

“I am very sceptical of the burden we will have to carry”: PIC chair

Chair of the Police Integrity Commission (PIC) Shahinda Ismail has said she is “very sceptical of the burden” the institution will have to carry following the publication last week of the Commission of National Inquiry’s (CNI) findings.

The comments were made after Minister of Home Affairs Dr Mohamed Jameel Ahmed yesterday said that the PIC would be tasked with investigating breaches of police conduct outlined in the CNI’s findings.

Of primary concern to Shahinda was the CNI’s lack of clarity regarding the cases the PIC was to investigate, as well as loopholes within the Police Act which made it difficult to implement PIC recommendations.

“After the CNI, it’s quite confusing when they have so vaguely blanketed the actions of the police. It would have been clearer to name specific incidents or policemen,” she said

Shahinda has questioned the ability of the PIC to follow through with this mandate after having had almost no contact with, or instruction from, the now-disbanded CNI.

“I was surprised at the dismantling of the CNI. There surely must be further questions from many people,” she said.

“After the Human Rights Commission (HRCM) completed their investigations, they sent a letter to us [to guide our work]. We would like something similar from the CNI,” she said.

Shahinda revealed that, throughout both versions of the CNI, the PIC had only had one meeting and received one letter from the commission.

The meeting involved mainly introductions and talk of future co-operation, whilst the letter from the CNI to the PIC asked only when its investigations into the events of February would be completed, she explained.

Referring to the CNI’s recommendations that the PIC, amongst other institutions, needed to be strengthened, Shahinda responded:

“My question would be – while I don’t claim the PIC is perfect – what information are they working with? Throughout their investigations, they showed no interest. There was no inquiry about specific incidents. To my knowledge, no one was summoned.”

Shahinda explained that the PIC was already investigating a number of incidents relating to February 7 and 8, making the lack of contact doubly confusing.

“They knew we were already investigating specific incidents – that’s what we do,” she said.

Shahinda also outlined what she saw as the weaknesses within the police act that, in certain cases, had allowed the Home Minister the option of ignoring PIC recommendations.

Article 44 of the Police Act states that any parties handed recommendations by the PIC can choose not to act on them if they inform the commission of the decision in writing.

“He is not really bound by the act,” said Shahinda, before alleging that this clause had already resulted in the Home Minister ignoring recommendations forwarded to him.

The PIC chair gave the example of a case involving police officer Ali Ahmed, whom she said had been adjudged unfit to continue to serve by the commission. Shahinda claimed the case had been forwarded to the Home Minister.

“I know for a fact he is still a policeman and was promoted after this incident” she said.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” added Shahinda.

Dr Jameel was not responding to calls at the time of press.

Former President Mohamed Nasheed has recently expressed his belief that around 300 members of the security services were “undermining the public interest of the entire country”.

Following the findings of the CNI’s report, which concluded that Nasheed was not removed from power in a coup, he called for legal action to be taken against implicated officers.

Nasheed’s representative on the commission Ahmed ‘Gahaa’ Saeed resigned the day before the report was published, citing – amongst other things – withheld evidence and non-examination of crucial witnesses.

The report’s findings have been welcomed by the United States, India, and the United Nations as well as the Commonwealth, although the MDP has said it will lobby for the Commonwealth Ministerial Action Group (CMAG) to reconsider.

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