Tag: former president mohamed nasheed

Sacked Human Rights Minister files case in court to declare Waheed government illegitimate

A legal team led by sacked Human Rights Minister Fathimath Dhiyana Saeed has filed a case at the High Court, requesting it rule that former President Mohamed Nasheed’s resignation was obtained under duress and the transfer of power on February 7, 2012 was illegitimate.

Nasheed’s resignation followed 22 days of continuous protests backed by religious scholars, opposition leaders and mutinying police and military officers, in mid-January 2012, over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed. Nasheed’s Vice-President Mohamed Waheed Hassan subsequently ascended to power.

Following resignation, Nasheed and his Maldivian Democratic Party (MDP) claimed he was forced to resign under duress and that his government was toppled in a bloodless coup d’etat.

Dhiyana Saeed, formerly a member of President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has released a personal memoir explaining her interpretation of Waheed’s ascension to power. The former SAARC Secretary General also alleged that Nasheed’s political rivals had conspired to assassinate him.

Speaking to Minivan News, Saeed confirmed that the High Court had accepted the initial paperwork. However, a final determination to formally accept the case will be made after review of the paperwork.

According to local media, lawyers joining Saeed in the petition include Ishraq Thaufeeg and Aiminath Nazlee, both whom currently represent Saeed’s newly founded law firm, Fanandheeb Chambers.

Speaking to local media outlet Channel News Maldives, Thaufeeg said following legal reviewing of the circumstances, the firm had noticed several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

He also said that public still questions the legitimacy of President Mohamed Waheed Hassan’s government, and that therefore it was important that a court of law decides on the matter.

Saeed alleged in her memoir that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their infmrmation was wrongly presented”.

To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.

Former Chief of Defence Force Moosa Ali Jaleel was heard telling the committee that he “fully believed that President Nasheed resigned under duress”.

He added that the circumstances leading up to the resignation of former President gave rise to the fact that resignation was obtained by “illegal coercion”.

Meanwhile former Police Chief Ahmed Faseeh told the committee that police officers who gathered in Republican Square on February 7 had disobeyed orders and their actions were grossly inconsistent with the Police Act, as well as professional standards established within the police.

Former Maldives National Defence Force (MNDF) Intelligence Head Brigadier General Ahmed Nilam also testified to the committee that Nasheed was ousted in a coup, claiming that events on February 7 fulfilled all the essentials of a coup.

“Academically speaking, the events on February 7 fulfilled all the essentials of a coup. It involved all the features of a coup that are widely accepted around the world. Some of the elements take place before the toppling of a president. Others take place spontaneously,” he said.

Leaked statements given by key witnesses of the events to CNI, also suggested that the transfer of power took place illegitimately.

In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.

Meanwhile President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

“In essence, my statement is very small. I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” he said.

On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.

“The report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” observed the report.

The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

The CNI report dismissed this theory.

“In summary, 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,”

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Adhaalath Party President vows to dissolve parliament, force MPs to resign

Additional reporting by Neil Meritt

The Adhaalath Party has threatened to dissolve parliament for “not functioning constitutionally”, by pressuring members to resign “just as former President Nasheed was” in February 2012.

President of the Adhaalath Party (AP), Sheikh Imran Abdullah, claimed parliamentarians were not conducting themselves according to the constitution or serving the Maldivian people.

Imran was speaking during a ‘National Movement’ event held at the Artificial Beach in Male’ on March 19, reported local media.

“If the parliament continues to fail to function according to the wishes of the people, Members of Parliament will be pressured to resign in in a similar manner as former President Mohamed Nasheed,” Imran declared.

“God willing, we will dissolve the parliament if it is not conducted according to the constitution. If they don’t want that, they should follow the constitution. We want the parliament to be an honourable place,” he added.

Imran claimed the recently ratified Parliamentary Privileges Act and Political Party Bill are not constitutionally valid laws.

“The Supreme Court has the authority to declare void laws that are enacted in violation of the constitution. So the recently-made Privileges Act and Political Party Act for which protests have been held after they were returned without ratification, are void.

“No action can be taken based on the void articles in these laws. We are not concerned about being accused of violating MPs’ privileges,” he said.

President Mohamed Waheed ratified the two controversial bills – the Parliament’s Privileges Bill and Political Parties Bill – despite previous claims that the two bills had several lapses and “unconstitutional” elements.

Following the President’s initial vetoing of the two bills, parliament overruled the presidential veto by a house majority and forced the bill into law, giving the president no option but to ratify the bills – one of which would see the dissolution of his own political party.

“Not a pressing issue”: Deputy Speaker Nazim

During parliament’s session Wednesday (March 19) MPs presented the issue to the Majlis floor considering Sheik Imran’s comments, a parliamentary official told Minivan News.

“Deputy Speaker of Parliament, MP Ahmed Nazim, who was chairing the sessions, said the matter was not a pressing issue despite concerns the comments were contrary to immunity provided for Majlis members.

“Pointing to parliament’s rules of procedure, Nazim requested any concerns on the matter be forwarded to the parliamentary committee overseeing MP privileges and immunity,” the official added.

The Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP) both reflected the parliamentary sentiments that Imran’s remarks were of no concern.

MDP Spokesperson Hamid Abdul Ghafoor dismissed Imran’s remarks while speaking to Minivan News today.

“Sheik Imran has no understanding of public opinion. Parliament is very popular and the public looks to their elected representatives to solve problems,” claimed Ghafoor.

“As usual, he has got it wrong as he found out people do not like the coup he helped pull off by radicalsing groups of police and the Maldives National Defense Force (MNDF).

“I think parliament is the only democratic institution left. The judiciary has been proven to be corrupt and my party has declared their intention to replace the supreme court bench,” Ghafoor added.

DRP Deputy Leader Ibrahim Shareef agreed, telling Minivan News that Imran’s comments were merely rhetoric.

“Imran is not serious, it’s all rhetoric with no meaning or substance. No such thing [as in the dissolution of parliament] is going to happen. All political leaders have rhetoric, it’s not something to worry about,” said Shareef.

“In fact our political climate is so polarised political leaders seek to please their constituencies. If things our political leaders said were true, we would have landed on the moon by now.

“This is not the way it should be. It does a lot of damage over the long term. It’s very sad, but has become a commonplace reality of life,” Shareef stated.

Unlike Ghafoor, Shareef maintained that the supreme court is a legitimate institution.

“The supreme court is one of the properly functioning institutions. It is not colored by the polarised political climate here,” claimed Shareef.

The “national movement” was born out of the unofficial December 23 coalition of eight political parties and an alliance of non-governmental organisations that rallied to “defend Islam” in late 2011 from the allegedly liberal policies and “secularisation agenda” of former President Nasheed.

The Adhaalath Party and Progressive Party of Maldives were not responding to calls at time of press.

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MDP demands Supreme Court bench be replaced, inclusion of educated foreign judges

The Maldivian Democratic Party (MDP)’s National Council has passed a motion calling on its parliamentary group to seek to abolish the existing Supreme Court bench and replace it with a new panel of judges, including foreign judges.

The call was made following the Supreme Court’s controversial rulings on Thursday overturning decisions made by parliament.

The Supreme Court had overturned parliament’s removal of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan on sexual harassment charges, and a decision to conduct no-confidence votes through secret ballot.

During an emergency national council meeting held on Sunday evening, the proposal by MDP national council member Mohamed ‘Sanco’ Shareef received unanimous support from all attending members, including former President Mohamed Nasheed.

“The Supreme Court is acting in such a fashion that it has now begun overtaking the powers of the parliament and in the process undermining the constitution of this country. [Therefore] this motion calls on MDP’s parliamentary group to make formal requests to parliament to immediately abolish the current bench of Supreme Court and establish a new bench that consists of honest judges.

“Also as the Maldives Constitution does not bar the Supreme Court having foreign judges, [this motion also calls] to seek qualified and educated judges from abroad,” read the motion (Dhivehi).

During the debate on the motion, MDP’s Parliamentary Group and Parliament’s Majority Leader Ibrahim Mohamed Solih described the day of the verdicts as the darkest day of Maldives’ 80 year long parliamentary history.

Solih said the Supreme Court had significantly undermined the legislative power of the state by openly challenging parliament’s power to decide on its own affairs and the bills passed by the parliament.

The Hinnavaru Constituency MP assured the council that the party’s parliamentary group under his leadership would do everything at its hand to ensure the dissolution of the existing Supreme Court bench.

“Shocking verdicts”

Speaking during the debate, former President Mohamed Nasheed expressed his support for the motion claiming that it was time to change the Supreme Court bench, as it was delivering “shocking” verdicts.

Nasheed recalled several controversial decisions made by the Supreme Court, such as its decision that eight of former President Gayoom’s political appointees be paid MVR 500,000 (US$32,425) each in compensation after Nasheed replaced them.

The Supreme Court also ruled in favour of the legitimacy of Hulhumale Magistrate Court, created by the Judicial Services Commission (JSC), after the JSC’s head – Supreme Court Judge Adam Mohamed – made the casting vote.

“It is more important that we have justice established in this country rather than myself being elected as the President. To reform the judiciary and bring the justice system of this country into the right course is something I must do,” he said.

“We will come out to the streets, we will protest. I will not take a single step back until the bench is replaced with better judges,” Nasheed vowed.

Nasheed claimed that Supreme Court had attempted to silence lawyers, by forcing them to sign a declaration which requires them to not to comment on court rulings if they want to keep their licenses to practice law.

The former President also alleged the Supreme Court was employing deceitful tactics by tempering its own verdicts before these were being made available to public.

“We know how they issue the verdict and we know how different it is on the paper to that which is made available to the public. The two versions of the verdict differ significantly. This is something I am very concerned about,” he said.

Nasheed – who has written books on the country’s history – said that Maldives had followed a “tradition” in which “the people come out to sort the problems within the court when judges go out of line in sentencing”.

Spokespersons for the government-aligned Progressive Party of Maldives (PPM) and Dhivehi Rayyithunge Party (DRP) were not responding to calls at time of press.

Controversial rulings

On Thursday, the Supreme Court ruled 6-1 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy). Following the judgment, Fahmy would be reinstated and compensated for lost wages since December 2012.

Delivering the judgment, Supreme Court Justice Abdulla Saeed said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

Fahmy was alleged to have to have said to a female CSC employee that “it is not appealing when unmarried girls like you get fat”, whilst touching her on the stomach.

In November last year, parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On Thursday in its ruling on the secret ballot, the majority of the judges contended that the move contravened article 85 of the constitution as well as parliamentary principles and norms of free and democratic societies.

Article 85 stipulates that meetings of the Parliament and its committees must be open to the public.

Dissenting opinion

Meanwhile, Justice Ahmed Muthasim Adnan – the only Supreme Court justice with a background in common law – issued dissenting opinions in both cases.

On the constitutionality of the secret ballot, Justice Adnan noted that article 101(f) of the constitution states that “the regulations governing the functioning of the People’s Majlis shall specify the principles and procedures concerning a resolution to remove the President or Vice President from office as provided in this Constitution.”

Unless a clause added to the regulation was explicitly in violation of the constitution, Justice Adnan said that he believed it “could not be challenged in any court in the Maldives.”

He further noted that while article 85 of the constitution requires parliamentary proceedings to be open to the public, 85(b) states that a majority of MPs present and voting could decide to exclude the public or press “if there is a compelling need to do so in the interest of public order or national security.”

Moreover, article 85(c) states, “Article (b) does not prevent the People’s Majlis from specifying additional reasons for excluding the public from all or any part of a committee meeting of the People’s Majlis.”

He added that the secret ballot would be taken at a sitting open to the public.

In the case submitted by Fahmy contesting his dismissal, Justice Adnan’s dissenting opinion noted that article 187(a) of the constitution authorised parliament to remove members of the CSC “on the ground of misconduct, incapacity or incompetence.”

Article 187(b) meanwhile states, “a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office, such member shall be deemed removed from office.”

Justice Adnan argued that an inquiry by a parliamentary committee into alleged misconduct would not be a criminal investigation. Therefore, he added, the oversight committee would not be required to prove guilt to the extent required at trial before making a decision.

He further noted that parliament’s dismissal under the authority of article 187 and a possible conviction at a late date could not be considered meting out two punishments for the same offence.

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Student protest shuts down school over teacher shortage

Students prevented teachers from entering Rathafandhoo Island School in Gaafu Dhaalu Atoll on Monday, shutting the school for the day in protest over a three month teacher shortage.

Tenth grade students have been without an accounting teacher since January, despite the school sending a request to the Ministry of Education immediately after the position became available.

“Half the tenth grade students created problems by preventing teachers from entering the school. They were demanding an accounting teacher to be provided,” Rathafandhoo School In-Charge and teacher Thasneema Shakir told Minivan News.

“We have been without an accounting teacher since the second week in January. The [education] ministry was informed in January; the documents requesting a new teacher were sent,” said Thasneema.

“They said the request was being processed. I think it’s a big process they have to undertake,” she added.

Thasneema explained that policy guidelines dictate each subject has to have a specific teacher, and so while the school has been waiting for an accountancy teacher, the class has been taught by commerce and economics teachers.

“They are doing their best, but are not qualified and are facing difficulties. Students have been complaining they cannot teach accounting well,” she stated.

According to Thasneema, the Education Ministry informed the school today (March 18) that a replacement accounting teacher would be sent tomorrow.

Systemic education shortcomings

Teacher shortages, lack of qualifications and training are some of the systemic education system problems former Education Minister Shifa Mohamed and former Education Minister Dr Musthafa Luthfee previously discussed with Minivan News.

“Even for basic education we are still struggling with the teachers at the middle school and secondary level,” Shifa stated.

“There are not enough local [Maldivian] teachers. Close to 70 percent of teachers from middle school onwards are Indian expatriates. The ministry spends a huge amount of money on these foreign teachers,” she added.

Shifa explained how the lack of training opportunities for local teachers negatively affects how the curriculum is taught and that it prevents students from developing critical thinking skills.

“Critical thinking skills are lacking generally. Creative thinking is very minimum within classrooms, because there is a very rigid form of teaching going on.

“Teachers are not very familiar with curriculum. The main thing is that there is no proper assistance given for teachers and opportunities for teachers to develop themselves,” Shifa said.

She also explained how these shortcomings are compounded by poor management and lack of community involvement.

“School middle management has a lot of influence and what they’re doing within the schools is something that has to be changed. They exert very strong control over what teachers are really teaching students from the curriculum during ‘coordination’ meetings.

“Instead of really looking at things at a broader angle and trying to help the kids, they simply talk about what going to do on which date, etc. They don’t concentrate on literacy, creative writing, and the things that need to be really focused on.

“The teachers blindly follow what middle management and leading teachers say. I don’t blame them because they don’t have required amount of training on some of the islands,” Shifa said.

The lack of parent involvement in school boards and parent teacher associations compounds these issues. School board guidelines were issued under Nasheed’s government as a broad way for parents to be involved in all aspects of their children’s education, however this opened the schools up to public criticism, according to Shifa.

“In a democratic country people should be more engaged and one method is through community involvement in schools.

“While some principals did a great job working cooperatively, others really violated whole thing and didn’t even nominate people.

“Some principals are really scared of opening up schools, because for them its their own secure territory. They can easily manipulate the community,” Shifa stated.

Shifa stated the education system reforms undertaken during former President Mohamed Nasheed’s government, as well as by her predecessor Dr Musthafa Luthfee, would be taking effect now if President Waheed Hassan Manik’s government had continued them.

She explained that in 2008 – following former President Maumoon Abdul Gayoom’s 30-year autocratic rule – the government took responsibility for 323 schools.

“It was a good decision, but was a huge budgetary strain. The education system was decentralised, the province units were very effective, a huge amount of money was invested in infrastructure renovations to provide healthy water and toilets, and teachers were more closely observed.

“Unfortunately, Waheed’s government has doubled down and re-centralised,” Shifa claimed.

Luthfee echoed these sentiments in previous discussions with Minivan News.

“Maldives school education will continue to improve if the current administration goes along with the policy guidelines put in place by the Maldivian Democratic Party (MDP) government.

“When we were in the government we did several things to improve education. They included establishing single session schooling, providing service training for teachers, enhancing educational management, decentralization of education supporting private higher education and establishing Maldives National University (MNU),” said Luthfee.

Shifa further detailed how education problems were not discussed among the public, therefore they “don’t really grasp the huge implications this has on society”.

“For a long time during Gayoom’s 30 years everything was very quiet, because you cannot simply express yourself. When you don’t have the opportunity to express yourself, who cares to think about something you should not be thinking about.” Shifa said.

“Over the years political figures go to schools and promise certain resources. This has become both a means of getting something for the schools and a campaign tool. Prize giving day [for students] should not become a political thing.

“Under Gayoom and in the past governments have used this very well to manipulate and get the votes for each election,” she added.

Shifa emphasised that politicising education is an ongoing problem and the sweeping reforms put in place under the previous government would have addressed many of the systemic problems preventing students from receiving a quality education. However, she has not seen any of these programs continued.

Additional shortcomings

Shifa highlighted a number of other training and policy programs previously implemented to ensure that school quality standards were met, teacher training opportunities are provided as well as vocational and higher education opportunities existed for students.

The initiatives include a teacher licensing program through the College of Open Learning, the Excellent ‘Baraabaru’ Schools Program, and the Skills ‘Hunaru’ Training Program.

“These programs would have taken the budgetary strain off government and ensured local teachers are adequately trained to administer a diverse education,” stated Shifa.

“Under the Baraabaru Program, seven principles for evaluation must be met, so schools and teachers understand that their job is not only teaching, it is building good well-rounded, model people, of quality character.

“We gave 150 million for the Hunaru Program, which was the most huge amount of money we allocated for any program in the nation in many years. This talent program was totally for youth development, not infrastructure,” Shifa said.

She further explained the program would have provided higher educational and vocational training for youth in any sector, thereby minimizing the need for foreign workers, both skilled and semi-skilled.

Shifa emphasised she was “very concerned” with the assessment efforts made by teachers, primarily because their current focus is on exams.

“We need to change teachers’ perceptions to let them know assessments and exams are for the sake of learning, not a separate thing,” Shifa said.

She explained that the methodologies teachers are using – or lack thereof – are problematic because the curriculum is not being used as a tool for teachers to “change and teach”.

Shifa detailed how curriculum revisions – for preschool, primary and secondary school – were already occurring in 2008 and that one of Luthfee’s “highest priorities” was to continue this process. He commented on these issues as well.

“Current school curriculum is in two parts, namely local curriculum and up to grade 7 and Cambridge curriculum in secondary. Both curricula lacks the ability to provide critical thinking and civic skills,” said Luthfee.

“However we are hopeful that the local curriculum which is being developed would fill the gap unless undue influences are exerted by people with extremist views,” he added.

Shifa explained how some small schools will have only five or so children in a class, but still have to provide seven or eight teachers – one per subject – for the students to continue on to secondary school.

According to Shifa, one of the most important ways these problems can be solved is through multi-grade teaching, which would improve the quality of teaching on the islands and bring down expenses.

She discussed how Nasheed’s government was trying to introduce multi-grade teaching nationally “in a pattern whereby the public will accept it through smart school projects”. To this end, a pilot-program training center was being established on Kudafari island in Noonu atoll in June 2011.

“There was a lot of enthusiasm within the school to continue this. Therefore, we made the infrastructure for the school to go single session – and along with the help with the continuing center for education – and start off the multigrade teaching program,” Shifa said.

The lack of quality education and resources then puts students at a disadvantage to continue their education – A-level, higher education, and vocational training opportunities.

“So many students are getting good marks and completing grade 10 but are unable to take A- levels because the Maldives is lacking well-functioning centers. Except for Male’ and a few regional centers, options are few and far between,” stated Shifa.

Education Ministry

Education Minister Asim Ahmed spoke to Minivan News about some of these ongoing educational issues.

“The challenges of teacher training and development are addressed by this government in a very systematic way.

“Teacher shortages is not a systemic problem. This year there are more teachers in schools than during the past three years combined.

“The evidence of this is the record level O’Level pass rate this year. Students will not pass if there are no teachers.

Ahmed also highlighted that the government will conduct teacher development programmes, continue MNU training, and increase overseas training for teachers.

O’level results still withheld

Preliminary results for the 2012’s Cambridge O’Level examination have not been released due to “difficulties” in analysis, the Ministry of Education has said, despite claiming “one of the highest pass rates to date”.

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Nasheed’s trial hearing scheduled for April 4

Former President Mohamed Nasheed’s trial has been scheduled for April 4, 2013, local media has reported.

The former President is charged with the controversial detention of Chief Judge of Criminal Court Judge Abdulla Mohamed during the last days of his presidency.

An official from the Judiciary Media Unit told local media that a summoning chit had been sent to Nasheed, and that the next hearing will see confessions of witnesses presented by the prosecution.

The trial had been postponed by four weeks following the last hearing that took place on March 5.

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Man arrested in connection to March 5 unrest

Police have arrested a 26 year-old male in connection to unrest at a protest outside Male’ City Council on March 5, local media reported.

Hussain Abdullah, of Blue Bird house in Male’, was arrested on Monday (March 11) after police posted a video online searching for individuals who had allegedly caused unrest during the protest.

The demonstration on March 5 followed the arrest of former President Mohamed Nasheed ahead of his scheduled trial hearing at Hulhumale’ Magistrate Court the next day (March 6).

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“Religious obligation” to bar Nasheed from upcoming election: Home Minister Dr Jameel

Additional Reporting by Mohamed Naahii

Home Minister Dr Mohamed Jameel Ahmed has claimed it is a religious obligation to bar former President Mohamed Nasheed from contesting the upcoming presidential elections, scheduled to take place on September 7.

Speaking at a rally held by Progressive Party of Maldives’ (PPM) presidential primary candidate Abdulla Yameen on Saturday (March 9), Jameel accused Nasheed of being a “coward” who ran away after resigning from power, adding that he no longer had the courage to lead the country.

Highlighting Nasheed’s recent stay in the Indian High Commission, Jameel stated that “it was a shame that Nasheed fled when he was supposed to face justice,” before claiming that he would not give the opportunity for someone like Nasheed to come to power.

“Nasheed of Canaryge does not have any chance to come to power. We would not give that chance [to him]. That is something we ought to do. It is both a national and a religious Farḍ (obligation),” he said.

According to local media, the Home Minister stated that “if we complete that task,” God would grant success to those leaders in the upcoming presidential election.

Jameel claimed the country had fallen into a “deep mess” in almost all areas, adding that the country is desperate for a determined leader who can revive the economy.

He contended that Nasheed did not have the qualities the country was expecting from its future leader.

“Unlike Nasheed, President Maumoon Abdul Gayoom whom Nasheed is saying that he would beat easily, had the courage to appear before police for questioning when he was called in,” Jameel said.

He argued that anyone other than Nasheed possesses courage to face law and justice.

Jameel – a former Justice Minister under President Maumoon Abdul Gayoom’s 30 year autocracy – has previously expressed urgency in concluding Nasheed’s trial before the upcoming elections.

In January, Jameel told local media that it was “crucial to conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

“Every single day that goes by without the case being concluded contributes to creating doubt in the Maldivian people’s minds about the judiciary,” the home minister said at the time.

In January 2012, Jameel – who served as vice president of Dhivehi Quamee Party (DQP) – was questioned by police after Nasheed’s government accused DQP of attempting to incite religious hatred.

A pamphlet released by the DQP called on the public to “rise up and defend Islam”, whilst accusing Nasheed’s government of “operating under the influence of Jews and Christian priests”.

Home Minister Mohamed Jameel Ahmed was not responding to calls from Minivan News at time of press.

Maldives must curb external interference in its internal affairs

Also speaking at the rally on Saturday (March 9), half-brother to former President Gayoom, Abdulla Yameen, claimed that there was no need to allow “outside influence” in the internal affairs of the country.

The PPM presidential primary candidate said that should he be elected, he would protect the independence and sovereignty of the Maldives against the most powerful of nations.

Yameen’s comments come after Nasheed sought refuge in the Indian High Commission in Male’ last month.

For 11 days the former President stayed inside the high commission building, subsequently avoiding a trial hearing at Hulhumale’ Magistrate Court.

The international community has since called for free, fair and inclusive presidential elections in the Maldives.

Earlier this month Nasheed, who exited the Indian High Commission on February 23, was detained by police and produced at Hulhumale’ court, despite an alleged “understanding” between India and Maldives that he would be able to compete in the upcoming elections.

Nasheed is facing criminal charges over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed during the last days of his presidency.

Speaking at the campaign rally, Yameen criticised the Prosecutor General’s (PG) statement made on March 7, which stated that the PG did not object to delaying the trial until presidential elections scheduled for later this year are over.

“The PG is not entirely an independent individual. The PG becomes independent when he executes his responsibilities in accordance with these procedures. The PG cannot say that he has no reservations in delaying Nasheed’s trial for four weeks.

“The PG cannot say for instance that it is alright to put off the trial after the elections. This is something that the PG cannot say,” Yameen was quoted as saying in local media.

Yameen stated that an impartial trial against Nasheed must be held for his actions, and that any other presidential candidate should be held liable for their actions at any given time.

“Why can’t the foreign ambassadors accept the fact that anyone [competing for the Presidential elections] who violates the law must be disqualified.

“We also might fail to meet the criteria. In such a society it is possible for us to violate an individual’s right. If so even I must spend the day in court. How can Nasheed be an exception,” local newspaper Haveeru quoted Yameen as saying.

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“No reason” to delay trial for just four weeks, says Nasheed

Former President Mohamed Nasheed has requested state institutions consider the Prosecutor General’s statement to the Hulhumale’ Magistrate Court during the most recent hearing of his ongoing trial.

During the hearing on Wednesday (March 7), state prosecutors said they did not object to delaying the trial until presidential elections scheduled for later this year are over.

The prosecution told the three-member panel of judges that they “did not have any problem” withholding the trial for four weeks, and “did not object to delaying the election until the end of the scheduled presidential elections in September 2013.”

Nasheed is facing criminal charges over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed during the last days of his presidency.

Speaking during a party rally held on Wednesday evening, President Nasheed stated that the four-week break granted by the Hulhumale’ Magistrate Court until the next hearing was an opportunity for state institutions to decide on the matter.

“Delaying trial for just four weeks has no meaning. There is no reason for it nor does it help anyone. We want the trial to be delayed till the elections are over. [The prosecution] gave one month and said that they did not object to further delays,” Nasheed told his supporters.

Nasheed said that it was very clear that charge of arresting the judge was not a charge against him alone, but several others as well.

He also warned that if the magistrate court issued a verdict that would bar him from contesting the elections, a lot of people would rise up against the decision and trigger a “very dangerous political insurgency”.

“Can remain straitjacketed for another 40 days”: former president

“[The government] and the prosecutor general knows very well that Nasheed of Galolhu Keneryge can remain straitjacketed for anther 40 days. He can do that. The torture he receives from it will not change anything,” Nasheed said.

Nasheed also criticised the Judicial Service Commission (JSC) stating that the problem with Hulhumale’ Magistrate Court was not just the panel of judges. He alleged that the JSC had formulated the bench and have now been forcing administrative staff of the court to do specific things to impact the trial.

Elaborating, Nasheed claimed that the current Cabinet Secretary of President Dr Mohamed Waheed Hassan Manik, Abdulla Nazeer – who was a state minister of education – regularly paid visits to the judges and cabinet ministers and regularly contacted the judges to inquire about the progress of the trial.

“Progressive Party of Maldives (PPM) presidential hopeful Abdulla Yameen does not talk about the case. Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali does not speak about it. But it is always traitor Waheed who speaks of it,” Nasheed said.

“He will always say it is with the courts. We are seeing today and every other day how much he is trying to influence this trial. It is posing a huge challenge towards a fair and transparent hearing.”

Nasheed further claimed that the current judiciary of the Maldives was being operated for the benefit of a few politicians.

Despite the law stating otherwise, the judiciary was incompetent and inexperienced, and could not guarantee a court room that would deliver justice to the people of the country, Nasheed said.

“They will take us tomorrow. Even then, be courageous. They will take us the day after tomorrow. Even then, be courageous. Next time it would not be just a day, next time it would be 10 days, perhaps a month but still we shall not back down,” he said, as supporters roared in support.

No withdrawal, no objection

Despite Nasheed’s remarks, Prosecutor General Ahmed Muiz stated that he was not withdrawing the charges against Nasheed, and said that he was still sticking by his decision.

He told local newspaper Haveeru that the state prosecutors will be present any time the court wishes to schedule the trial.

“We told [Nasheed’s lawyers] that we have no problem requesting the court delay the hearing for four weeks. We even told the court that,” he said. “I don’t mind even if the court delays the case. But we don’t have an desire to delay the trial. The court can carry out the trial the way they wish. I have no objection to it; we would follow the schedule they give.”

During Wednesday’s hearings, Nasheed’s legal team requested the court delay the trial until the end of the scheduled presidential elections in 2013, and in a separate request, asked the court for a delay in proceedings by four weeks.

However, the judges dismissed the request to delay the trial until the end of the elections, but agreed to withhold it for four weeks, stating that the panel of judges by majority “have decided to proceed with the trial”.

Nasheed’s lawyers subsequently contested the decision, claiming that continuing the trial could compromise the rights of many people, arguing that Nasheed was the presidential candidate of the largest political party in the country, the Maldivian Democratic Party (MDP).

However, the court stated that Nasheed’s claim he was the presidential candidate of a political party lacked legal grounds to support it, as presidential candidates were announced by the Elections Commission after it opened the opportunity to file presidential candidates.

Politicised trial

Speaking to Minivan News, the former President’s Spokesperson MP Mariya Ahmed Didi claimed the court’s decision reflected “how politicised” the trial was.

“The prosecution did say that they had no objection to defer the trial after the election. However, the court opted for a four week [delay],” she said. “We do feel that the fact that the PG has said that he did not object but the court to give only four weeks deferment shows how politicised this trial is.”

Didi added that Nasheed’s legal team had not ruled out the option of appeal and said that President Nasheed and senior members of MDP are currently engaged in discussion with the legal team on whether to do so.

Speaking to Minivan News, Kirsty Brimelow QC, one of three UK-based experts on former President Mohamed Nasheed’s legal team, said that there remained a “strong argument” in the case that the prosecution of Nasheed was “not in the public interest”.

“It is a strong argument that a prosecution is not in the public interest. The currently constituted court comprises of judges who may be biased or have the appearance of bias. They should recuse themselves,” she argued.

She also contended that the prosecution of Nasheed’s case before the Hulhumale’ Magistrate Court fell “below international standards for fair trial procedure”.

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Facebook shuts down anti-government protest page without notice

Facebook has shut down a prominent pro-Maldivian Democratic Party (MDP) Facebook page, ‘Kula Yellow’, without notice.

The anti-government page was first established in May 2010 and spread by word of mouth, attracting a strong following among Maldivian young people and reaching 23,000 ‘ likes’. Facebook did not contact the administrators before shutting down the popular social media news source, at approximately 6:30pm on Tuesday, March 5.

According to an analysis conducted by Kula Yellow on the site Social Bakers, the youth-run, self-described “name and shame” platform is one of the most popular social media news sources in the Maldives.

Kula Yellow is a reference to MDP’s political party color. The page promises a “source of information against President Mohamed Waheed regime and a tool to mobilise people against continued human rights abuses and police brutality.”

“MDP is fighting for freedom. Kula Yellow facilitates that by providing a platform for them to spread their views, organise protests and events, and it is very helpful if any message needs to be conveyed to supporters instantaneously,” a Kula Yellow co-founder told Minivan News.

“We are updating and uploading media of police and government brutality 24 hours a day. Our posts have revealed many, many, many government secrets and they can’t digest it. Kula Yellow is a threat to them,” he claimed.

“Additionally we have saved many, many, many lives through our social work. For example, if anyone – they don’t have to be an MDP supporter – needs a blood donation we post on the page to find a matching donor,” the co-founder added.

Although the page has never been shut down before, five of the most active administrators have had their personal accounts blocked or shut down since former President Mohamed Nasheed’s controversial resignation February 7, 2012, a Kula Yellow co-founder and administrator told Minivan News.

“Some of the most active administrators’ have been blocked several times following the coup. This was a problem for us on the release date of the Commission of National Inquiry (CoNI) as well. The current Maldivian government cannot digest anything we are reporting and they are subsequently blocking media freedom,” he contended.

“I’m sure it’s a government act. They are sending continuous complaint reports to Facebook saying Kula Yellow is ‘spreading lies and inciting violence’, but that is not true,” the co-founder stated.

“There are only two or three news media outlets, and newspapers Haveeru and Sun Online back the current government,” he added. “Kula Yellow fills a gap by trying to explain the coup and give a voice to Maldivian people. The government didn’t like what we were posting and cannot come down on us under Maldivian law. Of course they are trying to block us, I’m sure they formally complained to Facebook,” the administrator stated.

“Maldivian intelligence from the Police Services and Maldives National Defense Force (MNDF) monitor [telecommunications companies] Dhiraagu and Wataniya calls and text messages. They are always trying to intercept communications,” the Kula Yellow administrator said, matter-of-factly.

A second Kula Yellow administrator explained there were many admins spread throughout the Maldives, and they took down inappropriate content, such as threats or misinformation.

“Kula Yellow is very open because it’s a social media platform for the public, so on the rare occasion someone puts inappropriate content on the ‘wall’ the administrators take it down immediately. We try our best,” he said.

“We are not like the many hate pages that supporters of Waheed’s government have up – all of which are up and running smoothly,” he said.

“We will interfere”: police

Police denied issuing complaints about Kula Yellow to Facebook, but admitted to telecommunications interference.

Police Spokesperson Chief Inspector Hassan Haneef told Minivan News that “so far we haven’t reported anything to Facebook”.

“We will interfere if any social network or internet site is not [run] according to Maldivian law and order,” Haneef added.

The MNDF also denied interfering with the Kula Yellow page, as Spokesperson Colonel Abdul Raheem explained to Minivan News.

“We have not asked anyone to take down Kula Yellow, not to my knowledge. Was it the communications ministry or something like that? They can say anything,” Raheem said.

President’s Office Spokesperson Masood Imad denied knowledge of Kula Yellow’s existence, as well as any government interference with it being shut down.

“I have never heard about this Kula Yellow thing that you are talking about. We [the government] do not worry about these pages. How do you know Facebook took it down? Facebook is too big to worry about small little pages. The fact that the page has been taken down has nothing to do with the government,” Masood said.

“Maybe they themselves took it down. If their page has been hacked, or shut down maybe the page owners can follow it up with Facebook,” said Masood.

In 2012, administrators of Kula Yellow claimed they had been “threatened” by police over their page’s content. Police officials denied the accusations.

Facebook activism

Kula Yellow contacted Facebook immediately to reinstate the page and say they remain hopeful their page will be restored quickly.

“Yesterday’s action seemed to be a targeted response to the regime’s arbitrary arrest of the Maldives’ first democratically elected president, Mohamed Nasheed,” stated Kula Yellow.

“Kula Yellow is disappointed by the action taken against the page by Facebook and calls for them to immediately reconsider and place their support with the people of the Maldives.”

A Kula Yellow co-founder lamented that the situation in the Maldives was very complex and contend that Facebook “clearly does not understand Kula Yellow.”

“Facebook did not check to verify what the government, or individuals from the government regime, were reporting. They were probably following their company policy to remove the page if they received numerous complaints.

“This happened in Syria also. Then journalists reported the story and helped get the page(s) reinstated,” a Kula Yellow co-founder stated.

Kula Yellow is exhorting diplomats and international actors to “understand that this is a violation of our human rights, particularly freedom of expression, and should support Facebook reinstating the Kula Yellow page immediately”.

“There are already many fake Kula Yellow Facebook pages going up and this will continue to spread like wildfire in the jungle. The government can’t stop us. We don’t give a damn. There are a thousand ways to move forward, so well will just find another way.

“In the interim our Twitter page is active,” a Kula Yellow administrator added.

The Maldives this year plummeted to 103rd in the Reporters Without Borders (RSF) Press Freedom Index, a fall of 30 places and a return to pre-2008 levels.

Additionally, the Maldives is one of two countries to be dropped from Freedom House’s list of electoral democracies, in its annual survey of political rights and civil liberties.

Facebook had not responded to Minivan News at time of press.

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