Tag: dhiyana saeed

Former SAARC Secretary General calls for new law to dissolve political parties

Former SAARC Secretary General Dhiyana Saeed – also a former Attorney General – has called on parliament to enact a law to dissolve political parties.

Her comments have been widely reported in local media and were reiterated in a statement from the Jumhoree Party (JP), of which she is a member.

According to International Convent on Civil and Political Rights, there was opportunity to narrow the role of political parties, Saeed reportedly stated, during a recent address on Gaafaru island accompanying President Dr Mohamed Waheed Hassan.

Saeed claimed the Council of Europe had guidelines on the prohibition and dissolution of political parties, and that there were situations in which a political party could be dissolved.

Parliament currently does not have the authority to dissolve a political party, the JP noted. However Saeed suggested that the  law should be drafted in such a way that a court of law, preferably the Supreme Court, could declare that the party was in situation where it has to be dissolved.

Speaking to Minivan News, Saeed said that the new law needed to specify in which situations a political party could be dissolved, suggesting that using violence and unrest as a method to achieve the goal of the party was one such reason.

”I can allege that MDP is using violence and unrest as a method to achieve their goals, the events of arson and vandalism and the attack on police officers are more like organised crimes,” she claimed. ”If anyone looks at the video footage they can see who did it and which color bands they were wearing on their head.”

She said if such a law was enacted, MDP could take the current government to court and that if they could prove that the government changed following a police and military coup, then the MDP could ask the court to dissolve the party in government.

Her comments come following criticism aimed by the government at the behavior of the ousted Maldivian Democratic Party (MDP), which it has accused of violent protests and in several instances, terrorism.

The MDP last week condemned acts of violence against police, “recognising that there is a high level of public animosity towards police officers with regards to their involvement in the February 7 coup, overthrowing the first democratically elected Government in the Maldives, and their subsequent brutal crackdown on unarmed civilians. However, MDP strongly urges all members of the public to express themselves through peaceful protest.”

Saeed did not refer to the MDP specifically, but did claim to Haveeru that MDP members had broken into her house one evening and tried to attack her, before fleeing when they saw the police.

Saeed was formerly an MDP member but she resigned following comments in protest over former President Mohamed Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, the culmination of a long-running judicial crisis.

The government’s rejection of court orders to release the judge could “only be solved by the people”, said Saeed at the time on VTV, a channel owned by JP MP and leader Gasim Ibrahim, but added this should be through the parliament “and not by coming out on the roads”.

Nasheed’s government expressed outrage over Saeed’s television appearance, arguing that her position as SAARC Secretary General demanded her political impartiality in the internal affairs of all SAARC nations – including her own.

Saeed subsequently resigned from the prestigious SAARC post – becoming not only the first female and youngest person to head SAARC, but also holding the shortest term.

“I am first and foremost a Maldivian citizen. It is my right [to comment] on whatever happens in my country, and I will not give away that right. As a lawyer I am also a member of the Maldivian bar,” she told Minivan News at the time.

“[The Chief Judge’s detention] is a violation of individual human rights, a violation of the independence of the judiciary, and the violation of the constitution,” she stated.

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Former SAARC Secretary General calls for President’s impeachment as husband maneuvers party swap

Former SAARC Secretary General Dhiyana Saeed has demanded that President Mohamed Nasheed be impeached after alledgedly violating the constitution by detaining Chief Judge of the Criminal Court, Abdulla Mohamed.

Saeed’s statement follows her five-minute arrest last weekend for refusing to leave Republic Square during a nearby opposition-led protest.

Saeed recently resigned from her SAARC post after criticising the government after the Maldives National Defence Force (MNDF) responded to a police request to arrest and detain Abdulla Mohamed on January 16, after the judge filed a case in the high court to overrule his police summons.

Saeed, the youngest and first female to hold the SAARC post, demanded that parliament oppose the President.

Speaking to Minivan News following her resignation last week, Saeed said the judge “has to be dealt with within the confines of the law,” and identified his detention as “very clearly unconstitutional.”

“If you look at the how the government has acted these last three years you can see a trend. The government thinks any means to an ends is alright,” she added.

According to the SAARC charter, interference in the internal affairs of other states is a violation of the secretary general’s role.

Saeed’s statement was aired on opposition Jumhoree Party (JP) leader and JSC member Gasim Ibrahim’s television station VTV on January 19. Yesterday, Saeed’s husband and owner of J Hotels, Abdulla Jabir,  announced his switch from the ruling Maldivian Democratic Party (MDP) to JP, of which he is now deputy leader. Saeed herself remains a member of MDP, according to local media.

Saeed told local media that while her need to call for the President’s impeachment was regrettable, she maintained that her aim was to deliver a “strong message” disapproving of the government’s “direct attack on the state of Maldives”.

Suggesting that she speaks for a general public, Saeed told  media that even those who do not attend protests are opposed to the government’s actions, and vowed to not sit quietly on the sidelines. In response to the government’s criticism of her loyalty, she pointed out that no one was more loyal in politics “than was Chemical Ali to Saddam Hussein”.

She added that all Maldivians were obliged to defend the constitution, and maintained that her comments were “not for any political benefit.”

Saeed had not returned phone calls at time of press.

Under the constitution a president can only be impeached with a two-thirds vote from parliament. Parliament currently contains 77 members (MPs), 35 of which are aligned with MDP, 36 represent opposition parties and six are independent.

According to the President’s Press Secretary Mohamed Zuhair, Saeed’s request “is the wrong math. Even if all the opposition pulled together they wouldn’t pass the vote.” Zuhair added that the MDP has seen increasing public support in recent years.

Noting that Saeed is “not even a barrister”, Zuhair identified her call for impeachment as “just competitive political talk” which does not threaten the unity of the government. He added that her statement is a larger protective strategy currently employed by lawyers with close ties to JP leader, Gasim Ibrahim.

“You have to go to the chronological beginning,” Zuhair said, stating that Saeed, lawyer Azima Shukoor, Prosecutor General (PG) Ahmed Muizz, and opposition Dhivehi Quamee Party (DQP) leader Dr Mohamed Jameel Ahmed held legal posts under the former regime.

“These are all legal people – birds of a feather so to speak – pulling together to protect their past from exposure,” he said.

“Their interpretation of the law has not been consistent with the government; instead they are protective of the former regime,” Zuhair continued, adding that they had all denied defendants access to lawyers during the judicial process.

Shukoor has consistently defended members of former president Maumoon Abdul Gayoom’s family and new political party, Progressive Party of the Maldives (PPM). Jameel, who served as Justice Minister under the former regime, recently accused the government of conspiracy with Christians and Jews to spread “vice” within the country.

“Gasim pays a maintenance fee for his lawyers – they receive a monthly fee for staying on his side,” Zuhair said emphatically.

Meanwhile, Abdulla Jabir explained his shift of allegiance last night on Gasim’s VTV.

“The President wanted to make this place into New York overnight,” he said. “It is a good thought but we have to do things based on the resources at hand. [But the President] does not listen to financial experts.”

After stating that the MDP had gained significant public approval, Jabir accused the President of overshadowing party achievements by trying to “destroy the system for his own benefit”.

“President Nasheed cannot be a hero again. He will be a zero. Nobody will respect him,” Jabir said.

Making reference to the government’s use of the military to arrest Judge Mohamed, Jabir warned that tour operators “are dismayed with the Maldives” and listed overspending, nepotism and uninformed financial decisions as chief grievances against MDP.

Jabir’s party change has not surprised the government.

“Jabir was more interested in protecting his business interests,” Zuhair suggested, adding that financial compensation “was a likely factor” in Jabir’s party switch-over. Jabir was recently awarded a mid-market tourism project in Laamu Gan Asseyri, part of the government’s new tourism initiative.

Zuhair said he believed the MDP party’s infrastructure had been “too tedious” for Jabir as well.

“In MDP you have go through various elections, starting with small councils and going up through the national council, in order to get to the top. Other parties don’t operate like that, I believe. The same night [Jabir] joined [JP] he was appointed deputy leader,” he said.

During his VTV address Jabir announced that a candidate from the JP would contest in the 2013 elections.

Swapping political parties in the Maldives plays much like a game of cards, betting included. Recalling Saeed’s resignation, Zuhair said Jabir had requested MDP “not to tarnish his wife’s good name. The next day, the couple was pushing to start their own political party – like  mum-and-dad shops in the UK,” he explained.

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Opposition protests continue as President calls for return to article 285

Opposition protests on Male’ continued over the weekend against the military’s detention of Criminal Court Chief Judge Abdulla Mohamed, and a proposal to withold lower court salaries until the judiciary is lawfully appointed in accordance with Article 285 of the Constitution.

Judge Abdulla Mohamed was arrested by the military on January 16 after he attempted to block his own police summons. Charges against him include 14 counts of obstructing police duty, “hijacking the court” and other corrupt professional dealings.

For the past two weeks opposition-led demonstrations have taken place outside the Maldives Monetary Authority (MMA) building, the closest point to the no-protest zone surrounding Republic Square, the President’s Office and other official buildings. After attempting to advance on Republic Square around midnight, smaller protests have spread to other parts of the city.

Activities this weekend have ceased by 1:30 am each evening, Police Sub-Inspector Hassan Haneef said.

On Thursday evening opposition leaders including Progressive Party of Maldives (PPM) Vice President Umar Naseer addressed an attentive crowd – approximately 200 young and old men and a few older women – from atop a van parked outside the MMA building. Starting at 9:00pm, speakers listed their concerns, made allegations against the current government and requested a fair trial for the judge.

“This is a dictatorship, this here, it is all dictatorship,” several protesters told Minivan News, while another claimed “the President is a drunkard and a [drug] addict.”

After a group prayer the crowd retreated in preparation for an advance on Republic Square. Following a swift surge from behind the fish market to the police barricade in front of the MMA building, protesters were held at bay by police forces armed with body-length plastic shields. Civilians shouted, criticised and laughed from nearby alleys as police and protesters retreated from the no-protest zone.

Around 12:30 am police used pepper spray to disperse the crowd, following violent scuffles.

During a clash in which protesters allegedly hurled pavement bricks, Haveeru photographer Ibrahim ‘Dodi’ Faid sustained a blow to his head. He was treated at ADK hospital.

PPM activist Ahmed ‘Maaz’ Saleem was taken to Indira Ghandi Memorial Hospital (IGMH) following a blow to his leg, local media reported.

By the end of Thursday evening police had arrested 22 individuals including PPM MP Ahmed Nihan Hussain Manik and former SAARC Secretary General Dhiyana Saeed, who recently resigned from her SAARC post after criticising the government’s order to detain Judge Abdulla Mohamed.

As the protestors dispersed, Saeed and two unidentified women sat in Republic Square, Haneef said. After refusing to leave the three women were taken into police custody for approximately five minutes before being released.

Of the 22 individuals arrested 17 were transferred to Dhoonidhoo Detention Centre. All were released on Friday, Haneef said.

Maldives National Defence Force (MNDF) also arrested an individual from Henveiru ward carrying a large knife after the protests on Thursday night. Minivan News was informed that the knife was an ornate “war” knife approximately one and a half feet long.

Haneef confirmed that the individual was in custody and an investigation was underway.

On Friday the protests continued in the same location while ruling Maldivian Democratic Party (MDP) rallied at party headquarters on Ameenee Magu.

According to local media, PPM MP Saleem returned to the MMA building area in a wheelchair to join protestors who broke through police barricades and sat in an open area nearby.

PPM MPs Riyaz Rasheed and Ilham Ahmed meanwhile were allowed into police headquarters where they requested a meeting with Police Commissioner Ahmed Faseeh, local media reported. An appointment has not been set.

Police report no violence or use of pepper spray during Friday’s protest, however four individuals were arrested and are currently being held at Dhoonidhoo.

As the protests look to stretch into their third week, Haneef said police are “still doing our duties as usual. We are not fatigued.”

He added that MNDF will maintain its position outside state television station Maldives National Broadcasting Company (MNBC), following targeted attacks last week in which journalists were beaten and tasered by protesters. The journalist who was beaten, Moosa Naushad, has been sent for medical treatment in India following injuries to his back and hand.

Protest leaders have pledged to continue the street demonstrations if their demands are not met. On January 26 MNDF rejected a High Court order to produce the judge.

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SAARC Secretary General’s resignation first in regional body’s history

The SAARC Secretariat has said it has yet to formally receive the resignation of Secretary General Dhiyana Saeed, both the youngest individual and first woman to be appointed to the position.

The Secretariat is headquartered in Nepal. In the country’s Himalayan newspaper, Secretariat Spokesperson Niranjan Man Singh Basnyat noted Saeed’s resignation was the first untimely resignation by a Secretary General in SAARC’s 26-year history.

“It will be clear only after the office opens on Monday,” Basnyat told the Nepalese newspaper.

Saeed has confirmed her resignation following her appearance on private broadcaster VTV, owned by opposition-aligned Jumhoree Party (JP) MP Gasim Ibrahim, during which she accused the government of ignoring the law in its detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

If the government contended that Abdulla Mohamed had violated the constitution, “he has to be dealt with within the confines of the law,” Saeed insisted. “The government should not take the law into its own hands.”

Press Secretary for the President Mohamed Zuhair told Minivan News last week that Saeed’s public statements “clearly contravened the SAARC Charter” which “forbids interference in the matters of any state, including the state she represents”.

Resigning before making her public statement against the government would have been the “honourable” approach, Zuhair said. “Now, even should she resign, [her behavior] is still dishonourable and indecent.”

Secretary Generals of the regional body are appointed for three year terms. The Maldives is required to appoint a replacement for Saeed to serve out the rest of her term, which expires on February 28, 2014. The nomination must be endorsed the SAARC Council of Ministers, currently headed by Foreign Minister of the Maldives, Ahmed Naseem.

The ongoing detention of Abdulla Mohamed has caused divisions even among senior members of the government. Vice President Mohamed Waheed Hassan said over the weekend that he was “ ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President.”

For its part, the government contends that its detention of the Judge is justifiable under the President’s obligation to protect the letter and spirit of the constitution, given the failure of the Judicial Services Commission (JSC) to pursue the many allegations of corruption and political favouritism pending against the judge.

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SAARC Secretary General attacks government over detention of Chief Judge

The Maldivian government has clashed with the youngest and first female SAARC Secretary General, Fathimath Dhiyana Saeed, over the legality of its arrest of Chief Judge of the Criminal Court Abdulla Mohamed.

Speaking at a press conference held by a group of lawyers contesting the legality of Judge Mohamed’s arrest, aired on Jumhoree Party (JP) leader Gasim Ibrahim’s VTV last night, Saeed accused the government of ignoring the law and called for parliament to oppose the ruling body.

The government does not have the authority “to say ‘we will act on this article, and this article does not exist for us’,” Saeed claimed. “This is not something we can pick and choose.”

The government’s rejection of court orders to release the judge could “only be solved by the people”, Saeed said, but added this should be through the parliament “and not by coming out on the roads”.

The government has expressed outrage over Saeed’s television appearance, arguing that her position as SAARC Secretary General demands her political impartiality in the internal affairs of all SAARC nations – including her own.

Article one of the SAARC Charter emphasises “strict adherence to the principles of the United Nations Charter and non-alignment, particularly respect for the principles of sovereign equality, territorial integrity, national independence, non-use of force and non-interference in the internal affairs of other States and peaceful settlement of all disputes.”

President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair, said Saeed’s stating her “personal, private position” on VTV “clearly contravened the SAARC Charter”.

“The SAARC charter forbids interference in the matters of any state, including the state she represents,” Zuhair said.

“She should have resigned and then taken her stand, or brought her concerns to us – or someone like the Attorney General. We are her colleagues. This is at best very dishonourable,” Zuhair said.

He claimed that Saeed had pledged her allegiance to the government “and her husband (Abdulla Jabir) is head of the Maldivian Democratic Party (MDP) and a senior member of the party,” Zuhair said. “Even should she resign, [her behavior] is still dishonourable and indecent. “

Saeed reacted angrily to Zuhair’s allegations and said his comments were not indecent, and that she had not violated the SAARC Charter.

“I am first and foremost a Maldivian citizen. It is my right [to comment] on whatever happens in my country, and I will not give away that right. As a lawyer I am also a member of the Maldivian bar,” she told Minivan News.

“[The Chief Judge’s detention] is a violation of individual human rights, a violation of the independence of the judiciary, and the violation of the constitution,” she stated.

“The constitution defines how a person should be detained, and this is not an ordinary person, this is a judge. Up until last night no one even knew where he was held.”

If the government contended that Abdulla Mohamed had violated the constitution, “he has to be dealt with within the confines of the law,” she insisted. “The government should not take the law into its own hands.”

“This action is very clearly unconstitutional. If you look at the how the government has acted these last three years you can see a trend. The government thinks any means to an ends is alright,” she said.

Saeed said she did not wish to comment on whether she intended to resign.

The government has meanwhile contended that Abdulla Mohamed’s detention is legal under the President’s mandate to protect “the letter and spirit” of the constitution, arguing that not only had he corrupted elements of the judiciary in favour of the political opposition, but that the constitutional body mandated with overseeing the judges – the Judicial Services Commission (JSC) – had also been politically compromised.

The JSC failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

In May 2011 the JSC abolished its complaints committee. By its own statistics, of the 143 complaints received in 2010 concerning the conduct of judges, none were tabled and only five were ever replied to.

Chair of the JSC’s dissolved complaints committee, former President’s Member of the JSC Aishath Velezinee who was stabbed in the street in January 2011, said at the time that the complaints committee had been unable to operate as the chair of the JSC, Supreme Court Judge Adam Mohamed,  had persistently scheduled timetable clashes.

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DRP criticises government for not consulting Parliament on new SAARC Secretary General nominee

Leader of Dhivehi Rayyithunge Party’s (DRP) Women’s Wing and daughter of former president Maumoon Abdul Gayoom, Dhunya Maumoon, has said the government did not consult with Parliament before nominating former Auditor General Dhiyana Saeed as the new South Asian Association for Regional Cooperation (SAARC) Secretary General, reports Miadhu.

The DRP has welcomed the new appointee for SAARC Secretary General but have criticised the government for not consulting the appointment with Parliament.

According to Miadhu, the government did not have to consult with Parliament before announcing their nomination for Dhiyana to serve as secretary general. Minister of Foreign Affairs, Dr Ahmed Shaheed, said her term will begin 1 March 2011.

Dhiyana was in office as attorney general for a short time and was previously a DRP MP during Gayoom’s government.

She is married to local businessman, Abdulla Jabir, who has been linked to a corruption case currently under investigation.

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Dhiyana Saeed nominated for next SAARC Secretary General

Former Attorney General, Dhiyana Saeed, is the presidential nominee for the next Secretary General to represent the Maldives in the South Asian Association for Regional Cooperation (SAARC), reports Miadhu.

Dhiyana was appointed AG by President Nasheed in November 2008 and later dismissed in May 2009, before the new Parliament was sworn in.

Dhiyana is married to local businessman Abdulla Jabir, who recently joined the Maldivian Democratic Party (MDP) and has been linked to a corruption case involving the State Trading Organisation (STO) and People’s Alliance (PA) leader, Abdulla Yameen.

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