Tag: CNI

Nasheed sole focus of government’s charges following CNI findings: Home Minister

Home Minister Dr Mohamed Jameel Ahmed has told local media that former President Mohamed Nasheed was the only individual the government would charge following the findings of the Commission of National Inquiry’s (CNI)’s report.

Addressing the February 8 police crackdown on demonstrators, Jameel claimed that the government had not yet been able to organise or appoint a full cabinet on the day.  He added that the police themselves were responsible for their acts at that time and any potential charges they may face over the report’s conclusions.

Dr Jameel said that the Police Integrity Commission (PIC), according to its mandate, will look into issues concerning police conduct.

The fourth key finding of the CNI report called for an investigation of acts of police brutality of February 6, 7 and 8, although this was not revealed by President Dr Mohamed Waheed Hassan during the report’s release on Thursday.

Spokesman for the Maldivian Democratic Party (MDP) Hamid Abdul Ghafoor today responded to Jameel’s comments, saying: “The people who committed these crimes are responsible for implementing the CNI. The CNI has given room for politicians to free themselves.”

Ghafoor said that the report “articulated urgency” with regards to generating confidence in the nation’s key institutions.

He also reiterated the MDP’s call for the immediate implementation of legal proceedings against those implicated in wrong doing.

During a press conference yesterday, Defence Minister Mohamed Nazim stated that he wanted to further highlight Nasheed’s “lies”.  He added that contrary to Nasheed’s claims the day before, the CNI report made no mention of any illegal actions or involvement in an alleged “coup d’etat” by the Maldives National Defence Force (MNDF).

Former President Nasheed recently suggested that a core of 300 police and military officers were “undermining the public interest of the entire country”.

Ghaoor said today that as long as these people remained in their positions, “the country will be run by a military dictatorship”, before appealing to CMAG to review the findings of the report.

“I do not believe they will leave the country at the mercy of armed forces,” said Ghafoor following the Commonwealth’s encouragement of all sides to respect the report’s findings.

Jameel yesterday indicated his belief that the CNI report relieved the current government of any further obligations to negotiate with Nasheed, regardless of any external pressure.

“No international power can coerce this government into discussions with Nasheed again. This chapter closes here,” Dr Jameel said.

Both Jameel and Attorney General (AG) Azima Shukoor went on to advise the country’s youth against backing Nasheed, calling him a “habitual liar”.

“Do you realise what sort of a man you are following? He is a habitual liar, do you understand? And what exactly do you achieve by staying behind him? You just have to keep facing police and military action, be answerable to PG and courts, and end up in jail, leaving your young wives and children behind. Is this the future you want?” Dr Jameel said.

Statements from the United States, India, the United Nations and the Commonwealth all urged continuing dialogue amongst political actors.

Nazim said that, just as he had stated prior to the release of the report, the government would not be taking any action against any MNDF officers with regard to the CNI report.

Nazim did confirm that he would be taking legal action against all persons who referred to any MNDF soldier or to himself as ‘baaghee’ (a Dhivehi word meaning: a traitor who had brought about or participated in a coup).

The executive summary of the CNI report stated that urgent reforms were needed to the “basic institutions of democratic governance” and that justice “needs to be seen to be done in order to reassure the public and inspire their confidence.”

Nazim instead focused on the report’s ruling that there had been no coup in the Maldives, and hence no one had a right to label as traitors either the soldiers or any member of the executive, including himself, who, despite having been relieved of his duties officially, had acted as a commander of the MNDF Forces on February 7 in a personal capacity.

“Because I was there in a personal capacity, President Nasheed has often named me as a man who has administered a coup. But I would like to point out that my name does not come up in the CNI report at all,” Nazim claimed.

Nazim is identified in the CNI report as one of three “critical participants” on February 7  as one of three people who – along with current Police Commissioner Abdulla Riyaz –  “had been watching what was going on at Republican Square and felt it was their moral obligation and  public duty to intervene.”

“These three men, when they arrived at Republican Square, appeared to  enjoy positive rapport with the opposition groups outside the MNDF HQ and quickly  assumed leadership roles, particularly with the police. There is no suggestion that they were appointed or given specific authority,” the report states.

Regarding a statement by the international advisers in the CNI defending the commission’s professionalism and integrity, Attorney General Shukoor said that the international community may have taken Nasheed’s nominee Ahmed Saeed (Gahaa)’s claims more seriously had he submitted a dissenting opinion instead of handing in his resignation.

The attorney general alleged that Saeed was unable to do this as he did not have enough evidence to back his claims.  She said that if anyone wished to contest the findings of CNI, they were advised to file the case in court.

Ghafoor today lamented what he saw as the failings of the CNI: “It does not seem as if [the MDP’s] troubles are over. Doesn’t look as if trouble for the country as a whole is over.”

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The Maldives’ foreign relations and the CNI

“It was just a week ago that Maldivian President Dr Mohamed Waheed was in Colombo, meeting diplomats, businesspeople and the media on a mission to strengthen the existing friendly relations between Sri Lanka and the Maldives,” writes Lasanda Kurukulasuriya for Sri Lanka’s Sunday Times.

“The visit came just days ahead of the release of a report by a commission appointed to investigate the controversial circumstances in which he, as deputy to former president Mohamed Nasheed, assumed office as President of the Maldives in February.”

“The travel destinations of the Maldivian political leaders (past and present) point to their keen awareness of the geostrategic imperatives in the region. For the small Indian Ocean archipelago these considerations dictate that the support and goodwill of its close South Asian neighbours need to be maintained, whilst simultaneously fostering good relations with China.”

“President Waheed when he visited in May sought to reassure Delhi that ‘China will not replace India.’ But the Maldives, just like others, wants to develop trade links with the economic powerhouse.”

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CNI report leaves Maldives with “awkward”, “comical” precedent: Nasheed

Additional reporting by Mariyath Mohamed

Former President Mohamed Nasheed has said he accepts the report produced by the Commission of National Inquiry (CNI) subject to the reservations of his member on the Commonwealth-backed commission, Ahmed ‘Gahaa’ Saeed.

The CNI found that there was no coup on February 7, that Nasheed did not resign under duress, and that police and military officers did not mutiny.

Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed.  Concern was also expressed over the organisation by the CNI secretariat.

“I believe the Commonwealth Ministerial Action Group (CMAG) will consider the reservations about the CNI’s work that Saeed has noted, and that these issues will also be included in the CMAG report,” Nasheed said, at a press conference this afternoon.

The former President observed that the CNI’s report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

“The pronouncement on the transfer of power was a political announcement – not based on findings or facts. This political pronouncement is based in my view on what would be best for the country from now on, not on exactly what happened that day,” Nasheed said.

“I see the report as a document that tries to map a way forward. The commission was of the view that reinstating my 2008 government would be so messy that it would be best to move forward with another election. So the report has tried so hard to come out with this view through a proper narrative. You will have read the narrative and will understand that at times it is comical, but still, it is a narrative.

“I still am of the view that the commission report has established a precedent which in many ways is not very alien to our past practices. Usually if a mob comes to the palace and stands there for a lengthy amount of time, and if other locals are connected to the mob, the king has very little room to maneuver,” Nasheed said.

“We seem to have been unable to get away from this very feudal system of governance. We were hoping the new constitution would be enlightened enough to give us a system whereby governments would change simply through the ballot box, but it now looks like it was not so simple. I think it will take time before we are able to settle down to more democratic forms.

“My message to the international community is when you recommend issues, situations, solutions programmes and projects to other societies and people, it is so very important to understand the detailed intricacies of the local conditions.

“We still hope elections will be held early, and we will go to elections with a programme, as we always have, and we believe that we will win that election in the first round very handsomely. We have no doubt about that.”

Nasheed noted that all major coalition-aligned parties had signalled their acceptance of the report and its recommendations, including former President Maumoon Abdul Gayoom, Dhivehi Rayithunge Party (DRP) Leader Thasmeen Ali, “and my former vice president Dr Mohamed Waheed Hassan Manik”, and emphasised that one of the major recommendations in the report that they had agreed to was for action taken against unlawful acts committed by the security forces.

“We call for a criminal investigation, and they must then be tried in court and be sentenced as due,” he said.

“We are not surprised, this was one outcome the MDP had predicted. If the report suggested there was no duress [in the resignation] but that there were wrongdoings by the police and military, then all these wrongdoings must be addressed immediately within a period of one month, with the international community’s support in doing so,” Nasheed added.

During his speech at the report’s release on Thursday, President Mohamed Waheed did not reveal the CNI’s fourth finding – that there were “acts of police brutality on February 6, 7 and 8 that must be investigated and pursued further by relevant authorities”.

Referring to the CNI report’s conclusion that the controversial February 7 change of power was “constitutional”, Nasheed said that if this were the case, then he believed that parties who were not included in the victorious 2008 coalition had no right to participate in the current unity government, specifically Gayoom’s Progressive Party of the Maldives (PPM) and the DRP.

Nasheed called for his impending trial at Hulhumale Court – a move recently upheld by the High Court – to be expedited, and also expressed concern at the arbitrary arrest of his supporters for calling police and public officials ‘baghees’ (traitors).

“It is always their hard work that brings things to realisation, that impresses upon everyone the gravity of issues, and if you have a look at who was arrested last night, you can see that the core of them are the intelligentsia of this country,” Nasheed said.

“They are young, highly qualified and they have an opinion. If you want to keep arresting people with an opinion, that says very little about your democratic credentials.”

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Government claims all-party talks consensus as MDP maintains “early” election calls

The President’s Office has claimed all-party talks held last night at Bandos Island Resort and Spa concluded with senior representatives for the government and the nation’s political parties agreeing to move ahead through parliament to address the discussion’s key aims.

President’s Office Media Secretary Masood Imad told Minivan News that the all-party talks – the last of which, held in June, failed to reach a consensus on an agenda that included setting dates for early elections – saw representatives agreeing on revising the aims of the talks to reflect the findings of the Commission of National Inquiry (CNI).

However, the opposition Maldivian Democratic Party (MDP), which continues to criticise the CNI findings – alleging they lack key witness testimonies and evidence – has today said it remained committed to pressing for early elections at the earliest possible date in line with calls from the European Union.

The comments were made after the CNI, charged with investigating the circumstances around the controversial transfer of power on February 7, concluded that the government of President Dr Mohamed Waheed Hassan came to office constitutionally.

The Commonwealth, which backed the CNI under a reformed mandate and composition, yesterday called for report’s outcome to be respected – a stance shared by the US, India and the UN.

Following the CNI’s conclusion yesterday, Masood claimed the talks, which were attended by President Waheed, MDP Chair and MP ‘Reeko’ Moosa Manik and Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali, “successfully” agreed to amend the aims of the talks. He added that these amended aims would now likely be addressed through the People’s Majlis rather than through continued external discussions.

Masood added that in light of the CNI’s findings, representatives at yesterday’s talks agreed on a new agenda, such as addressing legislative issues through parliament.  He contended that this work could potentially be dealt with through the formation of a special all-party parliamentary committee.

Speaking to Minivan News yesterday, DRP Leader Thasmeen said ahead of the talk that he believed the focus of discussions, which had previously outlined an agenda including potentially agreeing early elections for this year, “should now change”.

“There had previously been serious contention over the transfer of power. At this point we had been willing to discuss early elections. I think these questions have now been answered [with the CNI report]. It is now time for national reconciliation,” he said.

Thasmeen contended that the talks would likely no longer focus on agreeing a date for early elections, which President Waheed has previously said under the constitution can be scheduled for July 2013 at the earliest.

“I think it should be possible to move on and try finding common platforms for agreement,” he said at the time.

Both Progressive Party of Maldives (PPM) Interim Deputy Leader Umar Naseer and MDP Chair Manik – who were both representing their respective parties at the talks – were not responding to calls from Minivan News at the time of press.

MDP MP and Spokesperson Hamid Abdul Ghafoor said today that in spite of the CNI outcome, early elections remained a “key” focus of the opposition party going forward.

According to the MDP, the Commonwealth had not yet announced a change in its policy of pressing for early elections to be held this year to address the current political stalemate in the country.

Ghafoor added that he had also been encouraged by comments made by President Waheed in local media to hold talks between the leaders of the country’s parliamentary parties and himself, discussions he contended that would be limited to five key Majlis representatives.

In outlining the future focus of the party’s plans, former President Mohamed Nasheed was on Friday expected to hold a conference at 4:00pm in Male’ at the Mookai Hotel on Meheli Goalhi.

Addressing the party’s conduct following the CNI report yesterday, the MDP claimed that it believed 60 people were arrested during yesterday’s demonstrations as a result of an ongoing special operation launched by police in attempts to reduce unrest in the capital and wider atolls.

According to Ghafoor, the party was itself concerned with the large number of officers wearing balaclavas as they patrolled the capital, making it impossible to identify them individually.

“They were singing at MDP protesters and mocking them to try and provoke the public,” he claimed. “I myself observed spontaneous protests yesterday that were not organised offcially by the party. These were people who walked out of our national conference meeting yesterday. This situation saw a large number of arrests late into the night.”

According to official police figures, 50 people had been arrested as of yesterday afternoon. Of these suspects, seven were female and one person was classed as a minor.

By midnight, authorities confirmed that a further 13 people had been taken into custody. All suspects were charged with obstructing police in performing their duties.

Police Spokesperson Sub-Inspector Hassan Haneef today confirmed local news reports that police would be arresting any member of the public heard calling officers “traitors” or alleging they had played part in a “coup”.

Haneef did not clarify if any arrests had been made on these grounds at the time of press.

Police said earlier this week that they will provide full support and security services to the demonstrations held “peacefully and within the contours of laws”.

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“I realised it was all going wrong”: member Saeed on CNI’s final days

“I realised it was all going wrong,” recently resigned member of the Commission of National Inquiry (CNI) Ahmed ‘Gahaa’ Saeed told a press conference at Dharubaaruge this evening.

During the press conference, Saeed revealed comprehensive details of the admissions from the final CNI draft which led to his resignation on Wednesday.

“I did push for the initial extension, but this time around I realised that even if the time was extended, there was no possibility that the report would come out any different,” he said.

Saeed said that he had accepted the post because he had been deeply affected by the brutality and the injustice he observed in the events following February 6, and felt he could make a constructive contribution to the commission’s work.

He emphasised that he was not a politician and did not take up these responsibilities with any political interest in mind. Saeed provided a copy of a letter which he says was presented to the commission’s co-chairs on August 26 as well as a copy of his resignation letter.

The first letter, written on August 18, detailed Saeed’s concerns about the commission’s progress, which included the following:  withheld evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and organisation by the CNI secretariat.

“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. I also believe these matters defeat the purpose for which the CNI was established,” read the August 26 letter, sent to the other members of the commission as well as Commonwealth Special Envoy, Sir Donald McKinnon, and members of the Commonwealth Ministerial Action Group (CMAG) – whose pressure led to his appointment.

Saeed told the press today that he had submitted his concerns regarding Singaporean Judge G.P. Selvam’s extended absences to the Commonwealth, but that he had so far not received a response.

He mentioned that there were a total of 31 days in which the commission was not able to work with the full commission’s presence, alluding to Selvam’s lengthy absence.

In responding to questions from media, Saeed said that Judge Selvam had brought gifts for the commission members ranging from dictionaries to perfume.

He said that the last gift, which had been offered along with the draft of the CNI report, was an Apple iPad for each member of the commission.

Saeed confirmed that while he had not accepted any of these gifts, the other commission members had.

Saeed also spoke of material worth thousands of Singaporean dollars that Judge Selvam had donated to the Villingili Hiya Children’s Center and the Maafushi Juvenile Detention Centre.

In the distributed letter, Saeed decried the fact that no CCTV footage from the police or the President’s Office had been made available to the commission.

“Only three out of eight CCTV cameras in and around MNDF have been provided and these have some crucial hours of footage missing,” wrote Saeed.

Saeed added that, “after much stonewalling”, he was simply told the footage was not available.

Saeed also wrote that the CNI was unable to access the information compiled by the Police Integrity Commission (PIC) despite repeated requests.

He also said that the Human Rights Commission of Maldives (HRCM) report was not received until August 16, describing the eventual report as “superficial and inconclusive”.

The letter suggested that key witnesses, believed to have played crucial roles in the events of February 7, appeared to have been coached – all giving standard responses to questions such as “no”, “I don’t know”, or “I can’t remember”.

Saeed also suggested that the non-cooperation of Deputy Leader of the Progressive Party of Maldives (PPM) Umar Naseer was unacceptable after he had made public statements detailing his role in Nasheed’s resignation.

He also alleged that the original members of the Commission (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and chairman Ismail Shafeeu) showed a lack of interest in witnesses, “rarely posing questions.”

Using the examples of MC Mohamed Hameed and Superintendant Adnan Anees, Saeed expressed his belief that pressure was being put on members of the security forces not to cooperate with the CNI.

He added that a number of potentially crucial witnesses had been transferred, sometimes overseas, “making it extremely hard or impossible for them to appear before the CNI.”

Writing 12 days before the report was due for release, Saeed had mentioned his concerns that a lot of evidence had yet to be reviewed in the limited time remaining.

The final point raised in the August 26 letter was the poor scheduling of the witnesses by the commission’s secretariat.

Saeed said that inadequate notice had been given to enable his preparations for questioning. He also suggested that the most important witnesses were scheduled at the least convenient times.

The quality of translations services provided by the secretariat were also criticised, being described as “inappropriate and to some extent misleading.”

Additional details of Saeed’s concerns came in the August 29 resignation letter in which he alleged that the reformed five-man commission had not reviewed the finding of the original three-man group, “despite inconsistencies”.

The resignation letter detailed that no officer from the Special Operations branch of the police force had been interviewed. “The CNI has not been able to ‘summon’ any of the alleged ‘perpetrators’ or ‘culprits’,” he wrote.

Saeed criticised the nature of the commission’s work, arguing that it lacked the “investigative powers to thoroughly probe accusations.” He mentioned that the group had been unable to access key individuals’ bank accounts or phone records.

In concluding the press conference, Saeed said that he felt the Commonwealth had welcomed the final CNI report even though Saeed himself had not signed it because after his resignation, he was no longer a part of CNI and his signature would no longer be needed.

Commonwealth Secretary-General Kamalesh Sharma has welcomed the release of the report by the Commission of National Inquiry (CNI), and urged “all concerned to respect the findings of the commission so that, moving forward, all actions and reactions reflect the sense of responsibility and restraint necessary in the best national interest.“

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No coup, no duress, no mutiny: CNI report

The Commission of National Inquiry (CNI) has released its report into the circumstances surrounding the controversial resignation of former President Mohamed Nasheed and the transfer of power on February 7.

The CNI was initially a three member panel (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and chairman Ismail Shafeeu), formed by incoming President Mohamed Waheed Hassan to examine the circumstances surrounding his own succession to the Presidency.

Nasheed and the ousted Maldivian Democratic Party (MDP) have maintained that the former President’s resignation took place under duress during a police and military mutiny, and that Dr Waheed’s government was illegitimate.

The MDP and the Commonwealth subsequently challenged the impartiality of the CNI, and it was reformed to include retired Singaporean judge G. P. Selvam and a representative of Nasheed’s, Ahmed ‘Gahaa’ Saeed.

Retired Court of Appeal judge from New Zealand, Sir Bruce Robertson, and Canadian UN Legal Advisor Professor John Packer, were appointed as international advisers representing the Commonwealth and UN respectively.

Nasheed’s representative Saeed resigned from the CNI on the evening of August 29, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

The investigation did not consider the police crackdown on demonstrators on February 8, focusing largely on the events of February 6-7.

Report findings

According to the published report, which was delivered by Selvam to President Waheed on Thursday morning, the change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed.”

“The resignation of President Nasheed was voluntary and of his own free will. It was not caused by any illegal coercion or intimidation,” the report claimed.

In addition, “There were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

The report dismissed the MDP’s allegations that the government’s ousting was a ‘coup d’état’, stating that the Constitution “was precisely followed as prescribed.”

“There appears nothing contestable in constitutional terms under the generic notion of a ‘coup d’état’ that is alleged to have occurred – quite to the contrary, in fact,” the report claimed.

“In terms of the democratic intent and legitimacy of the authority of the Presidency, as foreseen in the Constitution, President Waheed properly succeeded President Nasheed.”

“As President Nasheed clearly resigned and now challenges the voluntariness and legitimacy of his action, the onus is on him to establish illegal coercion or unlawful intimidation.”

Witnesses “lying”

In the course of its work the CNI interviewed 293 witnesses, 15 on multiple occasions. It also reviewed documentary evidence.

“The Commission notes that in many disputes, there can be difficulty in getting to what actually historically occurred as opposed to what an individual now honestly and sincerely believes to have happened,” the CNI report stated.

“Many people have heavy commitments to certain positions and on occasion their recollections were simply wrong. They had a recall that could not be correct when viewed alongside videos, photographs and other evidence. It is unhelpful to call this ‘lying’ but it must be allowed for as conclusions are sought,” it noted.

“Many people seem to think that because an allegation has been made, someone is under an obligation to counter or undermine it. When the allegation lacks substance or reality, nothing is required in response.”

The timeline produced by the three member panel meanwhile faced “virtually no challenge of substance”, and the reformed commission “affirms its own reliance on the timeline.”

Definitions: Not a coup, not under duress, not a mutiny

Regarding Nasheed’s allegation that his resignation was under duress, the report stated that “because of the seriousness of the charge, [the] person who alleges illegal duress or intimidation carries the legal burden as well as the evidentiary burden of proof.”

“It is an inevitable conclusion of the totality of the credible evidence that the only available firearms which were anywhere near the President between 4.37 am and 1:30 pm on 7 February 2012 were those which were carried by his SPG [bodyguards]. There is no evidence to suggest that the arms in possession of the SPG were a threat to him,” the report stated, in its conclusion.

“The Commission does not accept that his activities were closely monitored or that the military or the three civilians were issuing orders. Even if they had been, that does not signify coercion.”

The report dismissed claims by former Foreign Minister Ahmed Naseem that Brigader General Ahmed Shiyam was armed with a pistol in the company of Nasheed.

“Yet another witness, the Minister of Tourism in President Nasheed’s government, Maryam Zulfa, said that it was Riyaz who had a gun. This was because according to her there was a bulge in the pant pocket of Riyaz,” the report stated.

“The Commission is forced to conclude that this is evidence which although it may be the presently-held view of those people, is so inconsistent with the totality of the material that it cannot be relied upon.”

“All the credible evidence showed that neither [retired Colonel] Nazim, nor anyone else, delivered the threat alleged by President Nasheed.”

The report noted that coercion “as a result of unlawful activities by other people was a constant theme from many witnesses.”

“Because illegal or unlawful acts or omissions were going on in the community, it seemed to be the view of a number of witnesses that this had the effect of coercing the President to resign. The Commission does not comment on the allegations of such activities because they are not within our mandate but there is clear and unequivocal evidence before us that there are serious allegations of wrongdoing by the military, the police and private citizens. For the Maldives to move forward, these matters must be addressed.

“However, the Commission is unable to see how it can be contended that such wrongdoings perpetrated upon others can be said to have any coercive effect upon the President.”

“Indeed, until the time of his resignation, President Nasheed possessed of many powers under the Constitution that he could have utilized including the lawful use of force. He chose not to.

“That decision may be classified as praiseworthy, but he cannot now contend that because he made those choices, that he was ‘forced’ into resigning because of what others were doing around him,” the report stated.

Definition of a coup

The report also reviewed several definitions of the term “coup d’état”.

The World Book definition, “a sudden take-over of a country’s government by a group of conspirators. Usually, the conspirators are public officials who infiltrate and then use their country’s armed forces, police, and communications to seize power”, was rejected in favour of “whenever the legal order of a community is nullified and replaced by a new order in an illegitimate way, that is in a way not prescribed by the first order itself.”

The report also defined the word “mutiny” as “under the law of the Maldives an internal matter within the military. Its aim is not to remove the President from office or to overthrow the government.”

As for the police, “The Maldives Police Act 2008 does not contain the offence of mutiny by police. So the offence of mutiny is confined to the military. Any illegal subordination by a policeman would be an internal matter subject to disciplinary proceedings.”

CNI conclusions

Nasheed provided the commission with a “with a list of some 67 names, whose bank accounts and telephone logs he requested be scrutinised. These allegations were unsupported by any evidence,” the report stated.

“All sorts of allegations were made against Retired Colonel Nazim on how he purportedly stalked President Nasheed, controlled his movements and dictated what he should say. Nazim, it was said, even wanted the pen used by President Nasheed to write his resignation. There was ample credible evidence rebutting these false allegations.

“Such allegations are very easy to make and some naively suggested that if the Commission trolled through scores of bank accounts, telephone records, SMS logs and intelligence reports, all would be revealed.

“The Commission lacks the ability to do so comprehensively, although when it made specific requests in individual cases, information was provided and revealed nothing of consequence.

“Aslam, while appearing before the Commission, read about an SMS attributed to Mr Saleem, the Permanent Secretary of the Ministry of Environment. The SMS spoke of a distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen. The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message.”

“After hearing him, the Commission would not invade and investigate the privacy and personal affairs of all and sundry as desired by President Nasheed and his aides in the absence of minimally credible supporting evidence,” the report said.

“A coup d’état required positive action against President Nasheed. Non-action and inaction cannot constitute a coup d’état. Moreover, the Constitution does not call for loyalty of anyone to the President. It calls for the loyalty to the Constitution.

“In sum, the Commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The Commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission.”

Read the full report

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Government confirms CNI report release delayed by at least 24 hours

The Commission of National Inquiry (CNI) report will not be released to authorities and former President Mohamed Nasheed for at least a further 24 hours, authorities in the Maldives have today confirmed.

The President’s Office has previously said that it anticipated receiving the report by today. However, speaking at the time of press, President’s Office Media Secretary Masood Imad denied that the government had expected a completed copy of findings to be received today.

President Mohamed Waheed Hassan agreed last month to extend the deadline by which the CNI must conclude its report into February’s transfer of power by August 30, 2012.  CNI Co-Chair – retired Singaporean Judge G P Selvam – had requested a deadline extension in order to conclude the report due to the hundreds of people wishing to provide information.

When contacted by Minivan News, a spokesperson for the CNI office confirmed that the final deadline to release the report would now be tomorrow, but declined to give a reason for the delay.

Earlier this week, former President Nasheed’s representative on the CNI panel, Ahmed ‘Gahaa’ Saeed, expressed concern over a draft report compiled by the commission’s co-chair Judge Selvam.  Saeed alleged that there were “significant gaps” in the report concerning certain evidence and statements that had been given to the commission during its investigation.

A statement released by the CNI today, said that no material obtained as part of its investigation had been lost or mislaid.

“All interviews, evidence and information received to the commission have been stored in a safe and secure manner. Hence this commission is quite certain that no material have been lost or mislaid,” the statement read, according to local newspaper Haveeru.  While the CNI has confirmed the authenticity of the statement, Minivan News has yet to see of copy of the document.

Among the stakeholders expecting to receive the CNI report today were the Maldivian Democratic Party (MDP), which contends that its presidential candidate Mohamed Nasheed was removed from office during the events of February 7 in a “coup d’etat”.

The validity of these allegations is at the centre of the CNI’s investigation.

MDP MP and Spokesperson Hamid Abdul Ghafoor said that there had previously been “an understanding” that former President Nasheed was to have received the report between 9:00am and 12:00pm today, alongside authorities including the President’s Office, parliament and the Prosecutor General’s (PG’s) Office.  Ghafoor said that the party was now expecting to receive the report at the same time as the public tomorrow.

“It appears that [the CNI] have changed their minds and are releasing the report in one go,” he said.

According to Ghafoor, the decision to provide the report to key stakeholders like the government and parliament before a wider public release had been decided to allow time for the report to be reviewed by various state institutions and political parties.

“This would have helped, as they way it looks right now, it doesn’t seem the CNI will address Mr Saeed’s concerns. Over the last three days we have not heard from the CNI at all regarding issues such as whether they would include CCTV footage from the President’s Office building [on February 7],” he claimed. “This means we will not be able to fill the gaps in the report before they bring it out.”

In a statement released this week, the Commonwealth Secretary-General’s Special Envoy to Maldives, Sir Donald McKinnon, called on all “Maldivian stakeholders” to address the CNI’s findings in a calm and responsible manner.

“I look forward to the imminent completion of the work of the reconstituted Commission of National Inquiry and to its being able to agree on its report,” Mckinnon stated. “As we approach the release of that report, I would encourage all stakeholders to respect the commission’s findings, and to take time to reflect carefully on how to act upon them in a manner that maintains harmony in Maldivian society and helps strengthen democratic practice and institutions in the country.”

Responding to the statement, Ghafoor said he hoped the next 24 hours would be used by the CNI panel to try and find agreement on the report’s findings in light of Saaed’s concerns over the earlier the draft.

“[Commonwealth] Special Envoy Sir Donalod Mckinnnoon has this week talked about finding consensus on the findings,” he said. “However, if this consensus is not found between the commission’s members, then we would have to question if the CNI report was the report outlined in the Commonwealth’s recommendations.”

With the report now scheduled for release tomorrow, Andrew Cox, the United Nations Resident Coordinator in the Maldives said that social media reports claiming the CNI report would be launched from the organisation’s headquarters in Male’ were inaccurate.

“We understand that the CNI report will be directly delivered to the major actors concerned as per prior agreements,” Cox stated. “The report will not be released at the UN Building.”

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President prepares to receive completed CNI report as authorities raise prison unrest fears

President Dr Mohamed Waheed Hassan will make an official statement today concerning the final draft of the Commission of National Inquiry’s (CNI’s) findings as the Commonwealth reiterates hope that all members of the commission’s panel will be “able to agree” on the finished report.

As the opposition Maldivian Democratic Party (MDP) has continued its criticism of an early draft of the Commission’s findings, claiming it fails to meet criteria set by the Commonwealth, authorities have this week been raising concerns about potential violence in response to the release of the CNI report.

Both the Maldives Police Service and the Ministry of Home Affairs have detailed fears of unrest spreading across the Maldives following the reports release, both in the capital and the wider atolls, as well as the country’s prisons.

Once having received the CNI’s report today, President’s Office Media Secretary Masood Imad confirmed that President Waheed would likely be releasing a statement on the findings.  At the time of press, Masood said that no time-line had been given by the CNI panel for when the completed report would be delivered to the president.

Along with the President’s Office, key state institutions like parliament, as well the prosecutor general (PG) and the attorney general will be receiving the report a day ahead of the planned public release.

However, Deputy Prosecutor (PG) General Hussein Shaheem told Minivan News that even if it received the report today, the PG’s office was unlikely to issue a statement itself until the findings had been studied and analysed.

“If the report does come out [today], it will be our responsibility to comprehensively read it and study the findings,” he said. “So far, we are not fond of making statements to the media, particularly without fully reviewing the report.”

Meanwhile, the MDP has itself continued to criticise a draft of the CNI’s finding that it has alleged contain “significant gaps” in the evidence it was provided.  The party has claimed these “gaps”, unless rectified, amount to “non-compliance” of Commonwealth guidelines in line with concerns initially raised by former President Nasheed’s own appointee to the committee, Ahmed ‘Gahaa’ Saeed.

In a statement, the party drew particular concern with the draft findings of CNI Co-Chair, retired Singaporean Judge GP Selvam, claiming they had been put together without the submission of statements from a number of individuals that hold key positions during February 7. These figures included, Former Commissioner of Police Ahmed Faseeh, Brigadier General (Retired) Ibrahim Didi (MNDF Male’ Area Commander on February 7), Brigadier General Ahmed Nilaam and Col. Mohamed Ziyad.

“The MDP shares Mr Saeed’s concerns as to how Judge Selvam’s draft could be complete when the commission has not adhered to its Commonwealth Agreement derived mandate to look into bank statements and telephone records of principal characters involved in 7 February’s questionable transfer of power,” the party stated. “The MDP’s National Executive Committee has previously stated that it will accept the findings of an inquiry that adheres to the guidelines and agreement reached between Mohamed Waheed Hassan Manik and the Commonwealth. MDP notes that the concerns raised by Mohamed Nasheed’s nominee to the Commission signal non-compliance with the rules and spirit of the inquiry commission set forth by the Commonweath Ministerial Action Group. “

However, echoing a statement released Monday (August 27) by the Commonwealth’s Special Envoy to the Maldives, Sir Donald McKinnon, the intergovernmental organisation said that it was calling on “Maldivian stakeholders” to address the CNI’s findings in a calm and responsible manner.

“[The Commonwealth] looks forward to the members of the [CNI] being able to agree on their report, as well as urges all stakeholders in Maldives to respect the Commission’s findings,” Commonwealth Secretariat Spokesperson Richard Uku yesterday clarified.

With the public release of the CNI report set for Thursday (August 30 ) the government and security forces have both expressed concerns over the potential for violence and unrest in the country with the Ministry of Home Affairs raising fears over alleged “plans” by some inmates to create violence in the country’s prisons.

According to Sun Online, Minister of State for Home Affairs Mohamed Fayaz alleged information had been received that inmates were to create violence within prisons at the behest of unidentified political groups.

Fayaz, who also serves as Head of the Department of Penitentiary and Rehabilitation Service (DPRS), claimed that communications with political figures had been facilitated by by mobile phones smuggled into prisons, with inmates suspected of such communication having been separated from other prisoners.

“Military fire capacity and police backup will be available on that day,” he was quoted as telling Sun, adding that additional checks had been carried out at the country’s prison as of yesterday evening.

Fayaz himself was not responding at the time of press, with Minivan News also awaiting a response to questions submitted to Minister of Home Affairs Dr Mohamed Jameel.

Minister of State Fayaz’s comments come days after the Maldives Police Service (MPS) launched an operation to introduce increased scrutiny of Male’s streets and its surrounding waters in order to try and control fears of a potential outbreak of unrest ahead of release of the CNI findings.

Maldives Police Service Assistant Commissioner Hussain Waheed told reporters at the time that authorities had decided to strengthen security across the capital and other islands, in order to “not give any opportunity to create unrest”.

However, Waheed claimed police would provide full support and security services to demonstrations held “peacefully and within the contours of laws”.

Despite the claims, the International Federation for Human Rights (FIDH) NGO this week called for the international community to send observers to Male’ in time for the release of the findings of the Commission of National Inquiry (CNI).

FIDH said that it was “extremely concerned” about the potential for violence in the build up and aftermath of the report’s release.

“The CNI was established in May to determine the nature of the transition of power in February, which led to the so-called resignation of President Mohamed Nasheed,” the NGO stated.  “These events were followed by continuous unrest in the streets of Male’ and severe repression of demonstrations by state security forces. FIDH calls on the international community to immediately send observers to Male’ to prevent further deterioration of the human rights situation in the country.”

Minivan News last night observed minor confrontations between anti-government protesters and police as about a thousand protesters took to Male’s streets ahead of the CNI release.

Police Spokesperson Sub-Inspector Hassan Haneef was not responding to calls at the time of press to clarify if any arrests had been made during the demonstrations.

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CNI draft “embarrassing for the Commonwealth”: MDP spokesperson

The Maldivian Democratic Party (MDP) has hit out at the Commonwealth over the work of Singaporean Judge G.P. Selvam, whose initial draft report on the Committee of National Inquiry’s (CNI) findings was yesterday denounced by the opposition party.

The criticism, backed by an MDP resolution, was first raised by former President Nasheed’s representative on the CNI panel, Ahmed ‘Gahaa’ Saeed.

“I think it is embarrassing for the Commonwealth Ministerial Action Group (CMAG). This is a bad show – it is not worthy of such an institution,” said MDP MP and Spokesperson Hamid Abdul Ghafoor.

After concerted pressure from the Commonwealth and the MDP to reform the CNI, Selvam – a retired Supreme Court Judge from Singapore – was installed as co-chair of the body charged with investigating the events surrounding former President Nasheed’s resignation on February 7.

The Commonwealth’s Special Envoy to the Maldives, Sir Donald McKinnon, released a statement today regarding the report’s scheduled publication on August 30.

“I look forward to the imminent completion of the work of the reconstituted Commission of National Inquiry and to its being able to agree on its report. As we approach the release of that report, I would encourage all stakeholders to respect the commission’s findings, and to take time to reflect carefully on how to act upon them in a manner that maintains harmony in Maldivian society and helps strengthen democratic practice and institutions in the country,” he said.

The changes to the commission also included the addition of a Nasheed nominee Saeed, who yesterday revealed his deep dissatisfaction with Selvam’s initial draft of the body’s report.

“The report that Judge Selvam has drafted and brought is a draft that somewhat refutes or denies what we Maldivians saw and experienced – or a draft that somewhat confuses things, the way it is now,” Saeed told the press.

“While this is happening, for me to stay here, at Muleeage, would I believe be a betrayal of my country and the Maldivian people. I see the draft report as having been written without considering the witness testimony of many, many people to CNI as well as the many scenes we saw,” he added.

Ghafoor, who today described the situation as “unacceptable” and “embarrassing” for the Commonwealth, suggested that Sir Donald McKinnon ought to be asked “who the hell this guy [Selvam] is.”

“Mr Selvam’s integrity is at a critical level,” he claimed. “Yesterday he got caught out.”

McKinnon’s statement today acknowledged that many issues would undoubtedly arise after the report’s release.

“I encourage political leaders to increase their efforts towards engaging in genuine dialogue, in order that consensus may be achieved, in a constructive and peaceful manner, on the path forward,” said McKinnon.

Meanwhile, local television station Raajje TV – linked closely with the MDP – yesterday aired a video of Singaporean-born lawyer and long-time critic of Judge Selvam, Gopalan Nair, in which he describes Selvam as a man “totally devoid of integrity”.

Nair has been writing about Judge Selvam on his ‘Singapore Dissident’ blog since 2010.

Moreover, in January this year, Malaysian media reported that Judge Selvam was accused of lying by chairman of the Malaysian Democratic Action Party (DAP), Karpal Singh.

Singh accused the retired justice of “lying to clear the air on an alleged plagiarism case involving a Malaysian Court of Appeal judge.”

A letter from Selvam to the Malaysian Chief Justice, clarifying that there was no case for plagiarism against the court of appeal judge, reportedly contradicted a statement from Selvam published in the Singaporean Straits Time.

Selvam was quoted as saying that the Malaysian judge had obtained a copy of his judgement through a lawyer, and “copied chunks from me without acknowledging”.

Meanwhile, MDP MP Mohamed Shifaz was also reported in local media as labeling Selvam “Singapore’s Abdullah” in reference to Maldivian Criminal Court Chief Judge Abdullah Mohamed, whose controversial detention earlier this year by the military has been the subject of investigations by numerous independent institutions.

Abdullah was arrested in January, with the former Home Minister Hassan Afeef accusing the judge of having “taken the entire criminal justice system in his fist”.

The incident proved to be a major turning point in anti-government protests against the Nasheed administration, leading to sustained periods of unrest in the run up to the former President’s resignation on February 7.

However, President’s Office spokesman Masood Imad was dismissive of attacks on Selvam’s credibility.

“Selvam is a man of stature chosen by the Commonwealth,” said Masood, who also criticised Saeed’s outburst as “lacking professionalism”.

Masood noted that both Selvam and Saeed had been added to the commission at the MDP’s request.

The MDP’s National Council, yesterday evening, unanimously backed a resolution refusing to accept the report in its current format.

In the evening, the MDP recommenced its campaign of protests, which had been suspended for the final period of Ramazan in order to encourage political negotiations.

In response to questions over rising tension in the country, Ghafoor said that the party was not seeking confrontation.

“We are demanding two things – early elections and an agreement on a post-CNI scenario,” he said.

The MDP forwarded a list of suggested outcomes to the government earlier in the month to which the President’s Office responded that it would not discuss the findings until their official release on August 29.

Ghafoor accused President Waheed of “cunningly destabilising the country” by refusing to make arrangements for the report’s release.

He also said that the party remained hopeful that the commission’s final report would reflect its opinion that President Nasheed was removed in a coup.

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