Tag: coup

Failure of judiciary, JSC and parliament justified detention of Abdulla Mohamed, contends Velezinee in new book

Former President’s Member on the Judicial Services Commission (JSC) Aishath Velezinee has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

That moment at the conclusion of the constitutional interim period marked the collapse of the new constitution and resulted in the appointment of a illegitimate judiciary, Velezinee contends, and set in motion a chain of events that ultimately led to President Mohamed Nasheed’s arrest of Chief Criminal Court Judge Abdulla Mohamed two years later.

Nasheed resigned on February 7 after mutinying police and military officers joined forces with opposition demonstrators, who had been accusing Nasheed of interfering with the ‘independent’ judiciary in his arrest of the judge, and demanding not to be given ‘unlawful orders’.

The Commonwealth-backed Commission of National Inquiry (CNI) report found that there was no evidence to support Nasheed’s claim that he was ousted in a coup d’état, and that his resignation was under duress and the events of the day were self-inflicted.

“The inquiry is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this,” Velezinee stated.

“Judge Abdulla Mohamed is at the centre of this story. I believe it is the State’s duty to remove him from the judiciary. He may have the legal knowledge required of a judge; but, as the State knows full well, he has failed to reach the ethical standards equally essential for a seat on the bench.

“A judge without ethics is a judge open to influence. Such a figure on the bench obstructs justice, and taints the judiciary. These are the reasons why the Constitution links a judge’s professional qualifications with his or her moral standards,” she states.

The JSC itself had investigated Abdulla Mohamed but stopped short of releasing a report into his ethical misconduct after the Civil Court awarded the judge an injunction against his further investigation by the judicial watchdog.

“There is no legal way in which the Civil Court can rule that the Judicial Service Commission cannot take action against Abdulla Mohamed. This decision says judges are above even the Constitution. Where, with what protection, does that leave the people?” Velezinee asks.

“The Judicial Service Commission bears the responsibility for removing Abdulla Mohamed from the bench. Stories about him have circulated in the media and among the general public since 2009, but the Commission took no notice. It was blind to Abdulla Mohamed’s frequent forays outside of the ethical standards required of a judge. It ignored his politically charged rulings and media appearances.

“Abdulla Mohamed is a man who had a criminal conviction even when he was first appointed to the bench during President Maumoon Abdul Gayoom’s time. Several complaints of alleged judicial misconduct are pending against him. The Judicial Service Commission has ignored them all. What it did, instead, is grant him tenure – a lifetime on the bench for a man such as Abdulla Mohamed. In doing so, the Judicial Service Commission clearly failed to carry out its constitutional responsibilities. It violated the Constitution and rendered it powerless. Where do we go from there?”

Parliament, Velezinee states, was the body responsible for holding the JSC accountable.

“The Majlis knew the threat Abdulla Mohamed posed to national security and social harmony. The Majlis was also aware of the Judicial Service Commission’s failure to carry out its constitutional responsibilities and its efforts to nullify constitutional requirements.

“Concern had been shared with the Majlis that the Judicial Service Commission had committed the ultimate betrayal and hijacked judicial independence. The Majlis failed its Constitutional responsibility to hold the Judicial Service Commission accountable for any of these actions. The Majlis had violated the Constitution and rendered it powerless. Where to from there?”

Ultimate responsibility for upholding the constitution fell to the President, Velezinee states.

“Democratic governance can only function if the entire system is working as an integral whole; it is impossible if the three separated powers are failing in their respective duties.

“Under the circumstances – once it was clear that Abdulla Mohamed was an obstruction to justice and a threat to national security, and once it became apparent that neither the Judicial Service Commission nor the Parliament was willing to hold him accountable – the only authority left to take control of the situation was the Head of State.”

With the return to power of Gayoom’s autocratic government behind President Mohamed Waheed’s “fig leaf of legitimacy”, the judiciary continued to be subject to influence, Velezinee writes.

“The judiciary we have today is under the control of a few,” she wrote.

“This was an end reached by using the Judicial Service Commission as a means. Most members of the Judicial Service Commission betrayed the Constitution, the country, and the people. They broke their oath. There is no room for free and fair hearings. And most judges do not even know how to hold such a hearing.”

“For democracy and rule of law to be established in the Maldives, and for the right to govern themselves to be returned to the people, they must have an elected leader. And the judiciary, currently being held hostage, must be freed.

“Article 285 of the Constitution must be fully upheld, judges reappointed, and an independent judiciary established,” she concludes.

Download The Failed Silent Coup (English translation by Dr Azra Naseem)

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How to plan the perfect coup: Huffington Post

In 2006, in the Pacific island nation of Fiji, troops overran the capital city, threatened the Prime Minister, forced his resignation, placed him under house arrest, imposed censorship on the media, and the coup leader, in the form of the head of the army, went on television to declare himself the new ruler of the country, writes former President Mohamed Nasheed for the Huffington Post.

In 2012, in my country, the Indian Ocean island nation of the Maldives, mutinying police and soldiers overran the capital city, gave me, the President, an ultimatum to resign within the hour or face bloodshed, placed me under effective house arrest, raided the headquarters of the national broadcaster, and the coup leader, in the form of the Vice President, went on television to declare himself the new ruler of the country.

In the case of Fiji, the international community swiftly condemned the coup, blackballed Fiji from the club of civilized nations and suspended it from the Commonwealth. In the case of the Maldives, a report drafted by a Commission of National Inquiry (CoNI) which was dominated by hand-picked appointees of the coup-installed government, and endorsed by the Commonwealth, has just whitewashed the coup, declaring it a perfectly legitimate and constitutional transfer of power.

Fiji and the Maldives’ contrasting experiences provide useful tips for coup-plotters everywhere. When planning your coup, remember that first impressions count – so don’t dress like an obvious coup leader. The man who takes over from the democratically elected leader should not wear military fatigues, as Commodore Frank Bainimarama did in Fiji; instead wear a lounge suit, as former Vice President Waheed Hassan did in the Maldives.

Secondly, get your messaging right: never, as in Fiji, publicly state you are overthrowing an elected government; instead, as in the Maldives, announce that the President’s resignation is a run-of-the-mill and Constitutional transfer of power.

Finally, have patience: if you follow steps 1 and 2, sooner or later the international community will tire of political upheaval and accept the new, coup-led political order, regardless of outward commitments to democracy, human rights and the rule of law.

Read more

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Comment: So long, and thanks for all the democracy

On the night of August 29, groups of uniformed officials of the Maldives Police Service were observed going around Malé in trucks, singing songs and mocking opposition MDP activists – the same ones they brutalised in a nationally televised theatre of violence during the events of February 7th and 8th.

The next morning, large groups of uniformed police were huddled together on the streets in their riot gear, their faces concealed by balaclavas, while the country awaited an announcement from the Commission of National Inquiry (CoNI) appointed by the Waheed regime to ‘investigate’ the controversial transfer of power.

The announcement surprised exactly nobody; the council of pigs had found in favour of Napoleon. There was no coup, it ruled. In fact, there wasn’t even a police mutiny. And if there was one, it didn’t quite break any law, the report found.

By evening, the Waheed regime’s Police Service – now apparently empowered to make their own laws – had declared that calling them ‘traitors’ was now a crime, and any person indulging in the act would be arrested.

The declaration followed in the footsteps of two citizens being arrested in recent days for the offence of calling Waheed a ‘traitor’. Journalists witnessed one lady being taken away on 30th August, allegedly for the crime of taking photographs of the police.

Over the course of the day, scores of MDP protesters would be detained by the police in ancticipation of large scale protests against the findings of the report, and the continued demands for early elections.

With the international community apparently eager to wash its hands off the Maldives, there will be plenty of time and opportunity for the police to deal with troublesome critics over the remainder of Waheed’s rule.

The CoNI Report

Ahmed ‘Gahaa’ Saeed, the sole representative of President Nasheed on the 5 member Commission, resigned the day before the report was to be made public. In a press conference following the publication of the report, Saeed pointed out what appear to be serious lapses in gathering evidence and recording testimony in preparation of the final report.

Among them, he highlighted that CCTV footage was provided for only 3 out of 8 cameras around the MNDF area, and even those had hours of footage edited out. No sufficient explanation was given by the security forces.

The Commission was not provided any CCTV footage by the Police and the President’s office, according to Saeed. Nor was CoNI granted access to information gathered by the Police Integrity Commission.

Furthermore, no interviews were held with any official of the notorious ‘Special Operations’, the highly trained riot control force that played a crucial role in the ouster of the first democratically elected government, as well as the subsequent targeted attacks on civilians, MDP leaders and party activists. Also missing was the testimony of Umar Naseer, the Deputy Leader of PPM who has publicly declared his role in the overthrow of the elected government, and revealed the existence of a ‘command centre’.

According to Saeed, other prominent interviewees alleged to have played a role in the coup d’etat appeared to have been coached, with all of them giving standard, non-commmital responses.

None of these alleged lapses or limitations were highlighted in the final report.

Illegal duress

Section 4F of the report, defining ‘Coercion in Law’ begins as follows:

“Coercion, as used in the Decree, refers to the American legal concept of illegal duress or the English legal concept of intimidation. This is a real threat delivered by one or more wrongdoers to another to harm and injure the latter or his family if the victim does not do something as demanded”

But surprisingly, the report makes no mention of the leaked audio recordings, first aired by Australia’s SBS Dateline program, that clearly reveal the President pleading for the safety of his family in return for his resignation on the morning of February 7.

There were a few other sections of the report that raises eyebrows. Regarding an allegation about an SMS purpotedly sent by the then Permanent Secretary at the Ministry of Environment, allegedly asking for the disbursement of 2.4 million Rufiyaa to the mutinying cops, the Commission had this to report:

“[Mr. Saleem] 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…”

While the first sentence suggests some truly extraordinary levels of trust placed by the Commission in the testimony of the accused, the second reveals an inexplicable reluctance in pursuing every possible avenue of inquiry to uncover all relevant facts behind the power transfer – which, by definition, was the Commission’s job.

Furthermore, the report seems to paint a picture that the President was completely secure and faced no threat inside the MNDF HQ, when in reality it is undisputed that sections of the already outnumbered military had broken ranks and joined with the hostile police and opposition protesters in rioting outside.

Video recordings aired on National television showed military officers refusing to obey the President’s orders. Retired colonel Mohamed Nazim, in the video clip where he is seen addressing the mutinying forces outside, talks about being received warmly inside the MNDF HQ.

Indeed the CoNI report itself quotes him as saying “When I entered the military headquarters I was given a very happy scene. Everyone within the military lifted me up and very completely revealed their support for me. God willing, things will happen today as we want”.

If one is familiar with the fate of former Maldivian rulers facing chaotic mobs, then one realizes that guns were not necessary to threaten the President’s life. All that was required was for a solitary soldier to throw open the gates.
The report itself states elsewhere that all command and control was lost.

All of this appears entirely contradictory to the conclusions of the report that asserts that President Nasheed remained in control and had legal options to employ force to deal with the situation, which he refused to do – and therefore could not claim he resigned under duress.

This lends some credence to President Nasheed’s claims that the report was prepared with the political situation in mind, rather than with any serious ambition of uncovering facts.

Options before the MDP: Way forward

It is unrealistic to imagine that ordinary civilians, no matter how numerous or passionate, can topple a regime that is protected by a modern, trained, unsympathetic – and in this case, hostile – police and armed security forces.

The police have superior training, equipment, strategy, organization, intelligence gathering and other resources to counter and defeat any move that civilian protestors could possibly make. The same forces that protected the dictator Gayoom against an overwhelming tide of unpopularity can sufficiently protect his alleged puppet.

Given these realities, it is wise that President Nasheed has chosen to make a major concession and accept the findings of the report, while calling to implement its much welcome recommendations that include the strengthening of various institutions such as the HRCM, Police Integrity Commission, JSC and the Judiciary while also calling for swift action to be taken against rogue cops, who the report acknowledges had engaged in acts of brutality towards civilians.

While there remain serious injustices to be addressed and plenty of reasons for the MDP to be rightfully outraged, the path forward necessarily involves having to break the political gridlock that has paralyzed the nation since late last year.

It is clearly in the best interests of the public that the All Party talks resume and the daily business of running the nation and fixing the economy take centre stage again.

There are important lessons to learn from February 7. President Nasheed and the MDP need to introspect and reflect on their own considerable mistakes and poor judgments. The most important among them, perhaps, is committing to uphold the rule of law without any compromises, no matter how morally justifiable it may be.

With under a year left for the next scheduled elections, the MDP would be well advised to direct its efforts and resources on going back to the people and rallying them behind larger ideals.

Ultimately, one must remember that it was the people who handed a mandate to President Nasheed in 2008, and despite the ugly precedent set by the police and military, it will hopefully be the people once again who will make the decision in 2013.

So long, and thanks for all the democracy

With the publication of the CoNI report, and the apparent willingness of the international community to confer the same legitimacy on Waheed that it once granted the iron-fisted Gayoom – ostensibly with ‘stability’ in mind – the clocks have effectively been turned back a few years.

The Maldives’ unprecedented democratic revolution that began in the early 2000’s has ended prematurely, and many of the gains made since then have now effectively been reversed.

After three years, the Police have once again become an entity to be feared and loathed. The familiar intimidation of the media, and bullying tactics that were so widely prevalent during the Gayoom dictatorship is also back.

Waheed’s regime has been outright hostile to the free media, repeatedly barring the only opposition-aligned TV station from covering President’s office press conferences, and permanently withdrawing police protection for the channel’s reporters – despite explicit constitutional safeguards upholding media freedom. There is plenty of visual evidence of Raajje TV’s reporters being harassed and pepper sprayed at close range by the police; targeted attacks on the station by pro-government goons in August forced the station to interrupt services.

Citizens now face arrest for merely calling Waheed and his police forces ‘traitors’, whereas his regime regularly and unapologetically refers to citizens demanding early elections as ‘terrorists’.

The runaway judiciary remains weak and ineffectual, and there is no longer an elected President in power with any interest in fixing this crucial, but broken third leg of the base on which the country’s democracy was built to stand.

With a spineless media, a lethargic civil society, an incompetent Judiciary, weak institutions and watchdogs, a heavily politicized Police and military, not to mention the overarching influence of money and corruption in the whole process, the gargantuan task of achieving practical democracy in the Maldives appears forbidding, if not downright impossible.

To sow the seeds for a new revolution, the MDP needs to go back to the grassroots and educate the public.

February 7: the legacy

February 7 has left in its wake some very unwelcome precedents and niggling questions.

First among them is the newly acquired role of the police and military in determining the transfer of power, which the constitution had originally envisaged as being the sole prerogative of the voting public.

Will all future governments of the Maldives be required to buy the loyalty of the uniformed services with a range of perks, pay hikes, unprecedented promotions and turning a blind eye to their excesses and brutality in order to remain in power, as demonstrated by the Waheed regime?

Shall the Maldives follow in the footsteps of Pakistan that, over 65 years since independence, has failed to see a single democratically elected government complete a full term?

Finally, will the Maldivian judiciary ever become a house of justice for the public? Or will it remain perpetually overrun by incompetent fools, resistant to any external attempt bring them in line with the ideals enshrined in the constitution?

Does the Maldivian public really stand a chance to complete the democratic transition process we embarked on nearly a decade ago? Or will the next guy to attempt this Herculean task also pay the same price that Mohamed Nasheed did?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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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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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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PPM leaks details of HRCM investigation into February 7

The Progressive Party of Maldives (PPM), which is headed former President Maumoon Abdul Gayoom, has leaked the report composed by the Human Rights Commission of the Maldives (HRCM) into the police mutiny and controversial transfer of power that led to ousting of former President Mohamed Nasheed.

Details from the report were leaked by PPM interim Deputy Leader Umar Naseer at a press conference yesterday. The report itself has not been released to the public.

However, the opposition Maldivian Democratic Party (MDP) has raised concerns that, contrary to claims in local media, it had not yet received a copy of the findings from the HRCM that were detailed by the PPM. The now opposition party has claimed it is presently awaiting a copy of the report to be sent by the People’s Majlis following a written request.

HRCM’s report claimed that Nasheed gave “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6, during a confrontation between then-opposition protesters and Maldivian Democratic Party (MDP) demonstrators.

According to Umar Naseer,  the HRCM report stated that the MNDF and police officers at the Artificial Beach area were “unlawfully” ordered to leave the area, which led to a breakdown in command and control of the security forces.

Consequently, citizens were injured and huge damage was caused to the state, Naseer stated, citing the report.

The HRCM report said the order of Nasheed to leave the area violated article 245 of the constitution, by obstructing security forces from fulfilling their lawful duties.

The report also stated that there was no chain of command inside Republican Square that night, but that some individual officers obeyed Nasheed’s orders and a group of MNDF officers attempted to arrest police gathered in the square.

“A confrontation occurred between security forces and citizens, and officers of the security forces were severely injured,” HRCM reportedly claimed.

The report concluded saying that the investigation did not find that Nasheed’s life was in danger that day while he was inside MNDF headquarters, or that anyone tried to kill Nasheed, Naseer claimed.

Umar Naseer told the press that the HRCM’s report was “very true” and thanked the commission for “revealing the truth”.

On February 7, Former President Mohamed Nasheed resigned after several elements within police and MNDF officers joined a then-opposition protest and demanded his resignation.

MDP Spokesperson and MP Hamid Abdul Ghafoor today told Minivan News that despite having received a report from the HRCM “late last night” regarding an investigation into the events occurring on February 8, it had not been given findings concerning the events leading up to the power transfer.

“We have a situation where the MDP, as a stakeholder in this process, has not received a copy of this report,” he said. “We have been made aware that a copy has been sent to the Majlis and we also have the PPM talking about this.”

Ghafoor claimed that it was “very important” for the party to be updated on the HRCM’s findings to address what he alleged were “blatant lies” spoken by Umar Naseer.

“We also have concern about the legal implications here. Independent institutions and their findings are playing a key part in the Commission of National Inquiry (CNI) investigation,” he said.

Ghafoor added that parliament had since responded to a request by the MDP that was made late yesterday for a copy of the HRCM report leaked by Naseer.

HRCM President Mariyam Azra was not responding to calls by Minivan News at the time of press.

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World famous eco-resort embroiled in local politics

The Soneva Group has composed a statement in response to allegations published in the UK media, that the head of the upmarket resort company, Sonu Shivdasani, had engaged a PR firm to “spruce up” the image of Dr Mohamed Waheed’s government.

The company’s flagship resort, Soneva Fushi in Baa Atoll, is known for its ecological innovation. It hosts the annual ‘Slow Life Symposium’, drawing environmental luminaries from around the world – including, last October, former President Mohamed Nasheed.

However, “No fan of [former President] Nasheed’s tax proposals, Sonu was keen to help the new administration spruce up its image,” alleged a recent column in the the UK’s Private Eye magazine.

The article contended that post February 7, an “unlikely alliance” had emerged between certain resorts – desperate to stabilise the sudden political instability for the sake of their bottom lines – and the new government, a loose alliance of ambitious political elements who came to power on a platform of Islamic conservatism.

“The reality is that the Maldives – already favoured by footballers, Russian gangsters and off-duty Israeli arms dealers – are an even harder sell since the coup has given us an unlikely alliance between hoteliers promoting bikini-clad, cocktail-fuelled luxury and a government that includes two imams, wants to bring back the death penalty and has done nothing about the destruction by supporters of the coup of the national museum’s entire pre-Islamic collection,” the article stated.

The article alleged that “in April [Shivdasani] e-mailed Britain’s well known PR guru Matthew Freud, saying: ‘I just spoke to President Waheed. He is happy to engage your services (for tourism PR) on a barter basis whereby Reethi Rah and Soneva Fushi would offer accommodation at our resorts in lieu of the barter. Did you manage to speak to Alan Leibman from One and Only?’” the column stated.

“Freud initially appeared thrilled at the prospect of free holidays: ’We greatly look forward to working with you and the president,’” it stated, apparently having obtained the relevant correspondence between the pair.

“But by the time President Waheed had got in on the act later in the month, writing to Freud: ‘We had discussed along with Sonu that a contract will be signed first among SixSenses, One and Only and Matthew to assist us with tourism promotion in the UK. Matthew will send us an outline a proposed activities as discussed’ – the legendary PR guru had developed cold feet: ‘I am sorry that the adverse political climate prevents us from being more directly involved but going to a doctor who will make you sicker is rarely a good idea.’”

In a counter statement from the group, obtained by Minivan News, the company sought to clarify the “facts” of the case.

“Sonu Shivdasani does not have a political relationship with President Mohamed Waheed, their interaction revolves specifically around environmental and ecological issues,” the Soneva statement read.

“In addition to former President Mohammed Nasheed, President Mohamed Waheed demonstrated an active level of support and interest in Soneva Fushi’s sustainable practices during his vice presidency.  He attended both the 2010 and 2011 SLOWLIFE Symposia at Soneva Fushi.

“President Mohamed Waheed’s interest in environmental issues has remained consistent; it is on these grounds and issues that he and Sonu Shivdasani have interacted since his assumption to the Presidency.”

The company claimed that the discussion between Freud PR and President Waheed had concerned the PR firm’s Director, Arlo Brady, “who is associated with the Blue Marine Foundation.”

“The discussions focused on creating the World’s largest Marine Reserve in the country and other environment initiatives. I offered Freud PR complimentary accommodation at Soneva Fushi in return for their support of the government with this campaign and other environment initiatives in the country that were discussed,” the Soneva statement read.

A source within the Soneva Group described the situation as “a bloody mess”.

Shivdasani “completely fell for Waheed’s line that Nasheed didn’t resign under duress” and had – unsuccessfully – asked a number of PR agencies to set up interviews for the new President, Minivan News was informed.

The source surmised that Shivdasani had “innocently, stupidly, somehow believed Waheed”, and “gone out of his way to help [the new President].”

Soneva’s statement meanwhile disputed the resort’s motivation to support the new government based on supposed plans to amend a corporate tax bill implemented by Nasheed, as, “to the best of my knowledge, there are no plans by the current President Mohamed Waheed to reduce or eliminate this tax.”

Following the controversial transfer of power the Maldives now faces spiralling budget deficit of 27 percent, an ongoing foreign currency shortage, plummeting investor confidence, spiraling expenditure, and a drop off in foreign aid.

A proposal by the Finance Ministry last week to curb impending economic crisis included raising the tourism goods and services tax (TGST) to 15 percent, among other measures. Several resort managers told Minivan News earlier this year that a sudden TGST increase would have to be taken out their margins due to contractual commitments with tour operators, following the International Monetary Fund (IMF)’s demand that this be raised to 12 percent.

“To the best of my knowledge, President Mohamed Nasheed did not have plans to raise further taxes from resorts in the Maldives,” the Soneva statement read.

“There were discussions about taxes being introduced on other industries in the Maldives as well as the introduction of an income tax on Maldivian nationals. Neither of these would impact Soneva or I as we are not involved in other businesses in the Maldives,” it added.

Soured relationships

Sonenva Fushi’s Slow Life Symposium in October attracted an array of high profile business, media and environmental figures including Virgin head Richard Branson, actress Daryl Hannah, star of films including ‘Blade Runner’, ‘Kill Bill’ and ‘Splash’; Ed Norton, star of films including ‘Fight Club’ and ‘American History X’; Tim Smit, founder of the Eden Project; Mike Mason, founder of Climate Care, one of the world’s first carbon trading companies; and British author, journalist and environmental activist Mark Lynas.

Branson waded into Maldivian politics on his blog on February 24, calling on President Waheed to “do the right thing” and hold free and fair elections before the end of the year.

It was, Branson wrote to Dr Waheed, “completely astounding that you have been part of an overthrow of a democratically elected government that has effectively let the old regime back into power.”

“Knowing you, I would assume that you were given no choice and that it was through threats that you have ended up in this position,” Branson said. “I do very much hope that was the case rather than you doing it of your own free will.”

Days later, Branson wrote another entry, saying that he had spoken on the phone to Dr Waheed, who told him he had appointed “a respected person” to examine the truth of what caused President Nasheed to “resign”.

“He says that he didn’t know who issued an arrest warrant for President Nasheed after he left office but that it had been rescinded within 48 hours. He is determined to be an honest broker, to be seen to be one, and to get everyone’s confidence. He said that he offered to bring in people from President Nasheed’s party but they refused to join.

“He also pointed out that President Nasheed’s party had been a minority party and had only been in power due to the support of others. It would be for those others, and the electorate to decide who rules in the future. He ended by pledging elections in July of next year – in line with the constitution – once confidence has been restored,” Branson wrote.

“Based on his personal reputation I believe he’s sincere in wanting to do what’s right for the country and return it to a true and lasting democracy.”

A few days later, Branson wrote a third post, resuming his first call “for early elections “as soon as feasibly possible”.

“Having listened to both sides, it does seem wise for an election to take place as soon as is feasibly possible so that the people of the Maldives can begin to put this ugly chapter behind them,” Branson wrote.

Lynas – another Slow Life participant who also worked as Nasheed’s Climate Advisor – was quick to condemn Dr Waheed’s new government, claiming that his “lack of democratic legitimacy” had lost the Maldives’ its voice at international climate negotiations.

“Waheed and his representatives have no moral authority because they were not elected, have strong connections with corrupt and violent elements of the former dictatorship, and took power in the dubious circumstances of a police coup,” Lynas argued.

“The Maldives has lost many years of work already – it has little credibility left with donors or international investors. Investors and donors alike are looking for stability and strong governance – and they will not get either of those whilst the political system is essentially deadlocked between competing parties, with regular protests and ensuing police violence.

“In climate terms the Maldives is well on its way to becoming a failed state – I see no prospect of it achieving Nasheed’s 2020 carbon neutral goal, even if that goal is still official policy,” Lynas said.

“I think time has basically run out now – unless there are early elections quickly and a legitimate government re-established there is no real prospect of resurrecting the Maldives’ leadership on climate change.”

Yet another Slow Life participant, Mike Mason, who worked pro bono as Nasheed’s Energy Advisor, resigned following Nasheed’s ousting despite being asked by Waheed to remain.

“I don’t think Dr Waheed is a bad man – actually I like him a lot personally,” he wrote, in an email to an official in the Trade Ministry obtained by Minivan News.

“However, he has done nothing to assure me that this is really a democratic process. Rather, my intelligence tells me this is a Gayoom inspired coup with Dr Waheed as an unfortunate puppet.

“Even if I did work with Waheed, I couldn’t deliver the plan now [because of falling] investor confidence,” he subsequently told Minivan News. “[The perpetrators] have destroyed US$2-3 billion worth of investment and condemned the country to an unstable economic future based upon diesel.”

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Police Superintendents ‘MC’ Hameed and Anees relieved of duty

The Police Disciplinary Board has decided to relieve Chief Superintendent ‘MC’ Mohamed Hameed and Superintendent Ibrahim Adhnan of duty, according to a statement issued by police.

The Disciplinary Board has also decided to demote Superintendent ‘Lady’ Ibrahim Manik to Chief Inspector of Police, and to remove the disciplinary badge on his uniform.

The statement said that the Disciplinary Board summoned the senior officers before making the decision, and that they were given the opportunity to speak in their defense as well as appoint lawyers.

However, the statement did not specify the allegations against the officers, or why the Disciplinary Board took action against them.

Newspaper Haveeru claimed that the decision was made by the Disciplinary Board on allegations that the three officers had “worked for the political benefit of a certain party” using their police roles.

Hameed, Adhnan and ‘Lady’ Ibrahim Manik were among only a few police senior officers who did not join the events of February 7, which saw mutinying police hand out riot gear to opposition demonstrators and launch an all-out assault on the main military headquarters. The state broadcaster was also stormed.

In June, Anees sued the Maldives Police Service seeking compensation for medical treatment of injuries sustained after mutinying police officers allegedly attacked him in Republic Square and inside police headquarters on February 7.

Adhnan Anees, Ibrahim Manik and Chief Superintendent Mohamed Jinah were among senior officers allegedly assaulted on February 7.

Meanwhile on June 14, police arrested Chief Superintendent Hameed, former head of police intelligence, following his contribution to the Maldivian Democratic Party (MDP)’s report into the controversial transfer of power on February 7.

Following reports that police who cooperated with the Ameen-Aslam report were being rounded up and detained, police initially denied allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. However court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were subsequently leaked.

The Criminal Court arrest warrant stated that Hameed was accused of “misusing” or leaking information acquired through his position for “the political gain of a particular group”, and participating in the compilation of the “misleading” Ameen-Aslam report, which undermines “the public’s respect for the security services.”

It justified his detention on the grounds that Hameed might influence witnesses and attempt to get rid of evidence as “others are suspected of involvement in the case.”

Police issued a statement that day confirming that Hameed had been arrested on charges of leaking “important information collected by the Maldives Police Services intelligence related to national security” as well as providing “untrue and false information” intended to benefit a specific [political] party, which could pose a threat to national security and create “divisions between the police and the public.”

Hameed’s actions were in violation of the Police Act, the statement insisted.

Following his detention in July, the family of Chief Superintendent Hameed expressed concern over his detention and noted that he was widely respected in the force as “a man of principle”. He has been in the service for over 17 years and has a masters in policing, intelligence and counter-terrorism.

Following the raid and extrajudicial dismantling of the MDP’s protest site at Usfasgandu on May 29, Hameed tweeted: ” Called a ‘baaghee’ [traitor] on the road twice today. Rightly so when our own actions are unjustifiable and thuggery like!”

After his dismissal last night, Hameed tweeted: “Ayan: Daddy, why were you fired from your job? My response: Because I did not join the bad guys.

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The forgotten coup in the Maldives: Conservativehome

It all came to an end on February 7 when Nasheed was forced to resign, effectively at gunpoint, writes political and digital strategist Samuel Coates for Conservativehome.

“Only one side had the luxury of making advance preparations for handling the aftermath, so inevitably the true nature of his resignation was lost in the fog of war. For the critical first 48hrs, history was written by the victor — almost everyone fell for the initial spin that Nasheed had taken it upon himself to resign due to public pressure and a police revolt.

That anyone had an inkling of what was really going on at that time was in large part down to Nasheed’s British international press adviser, Paul Roberts — who managed to blow the whistle about the coup to a few journalists whilst hiding in a President’s Office toilet cubicle, before fleeing the country. William Hague was the first major figure to condemn the situation and an article for ConHome by MPs John Glen and Karen Lumley was one of the first to tell it how it was. But overall international reaction was muted and mixed — the US and India recognised the new government immediately.

Since then, the world has kept turning and few seem to remember or care what happened in what is a strategically insignificant nation. Shortly afterwards, President Waheed had the pleasure of joining other Commonwealth leaders for dinner with the Queen to mark her Diamond Jubilee. As they politely tucked into brie and avocado terrine, wild sea bass and apple crumble soufflé, one wonders if Her Majesty was aware that Waheed’s allies had been publicly trashing her days before.

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