Parliament committee to seek international expertise for CNI report review

Parliament’s Executive Oversight Committee is seeking international experts to help oversee a review of the Commonwealth-backed Commission of National Inquiry (CNI) report.

Committee Chair Maldivian Democratic Party (MDP) MP Ali Waheed said during a press conference yesterday (January 9) that efforts were being made to bring international experts in the fields of law and public inquiries to the Maldives for a review of the CNI report. The process is expected to take a minimum of two weeks.

The CNI report, which was released back in August 2012, looked into the circumstances surrounding the controversial transfer of power in February the same year. The report concluded that the change of government had been constitutional.

The government today dismissed the review as being politically motivated, while also rubbishing allegations that President Dr Mohamed Waheed Hassan Manik had violated the constitution by not providing information from the CNI’s investigation to parliament.

Ali Waheed has claimed that the purpose of seeking international expertise was to ensure the autonomy and credibility of the parliamentary inquiry for both local and international actors. He added that parliament secretariat would make the announcement for applicants to fill the two positions at a later date.

The press conference was held right after the committee summoned the two former intelligence heads of both Maldives National Defense Force (MNDF) and Maldives Police Services as part of the parliamentary inquiry.

Ali Waheed was not responding to calls at the time of press. However, he was reported in local media as describing yesterday’s meeting as one of the most “extraordinary, concerning and fearful” experience in his parliamentary career.

“The information the committee got from the [intelligence heads] surprised me. New questions have come up over what took place last year,” he said. “The former intelligence heads wept at today’s committee meeting.”

Impartiality

When questioned about the impartiality of the committee, which has a majority representation of MDP members, Waheed claimed that the committee has previously been mostly made up of former opposition parties under the former administration.

He added that the committee at the time, under an opposition majority, had taken major decisions against the former government such as endorsing the bench of the Supreme Court during former President Nasheed’s administration.

“If the Maldivian Supreme Court is deemed legitimate, than regardless of who controls the majority of the committee, its decisions would be binding as well. This committee will do everything it can to maintain its credibility and autonomy,” he told local media. “I hope that committee members and members who give evidence to the committee will also think about that. I want this inquiry to take place transparently.”

Constitutional claims

Five members of the Executive Oversight Committee today passed a motion stating that President Waheed had disregarded Article 99 of the Constitution.

Article 99 states that the [Parliament] or any of its committees has the power to – (a) summon any person to appear before it to give evidence under oath, or to produce documents. Any person who is questioned by the [Parliament] as provided for in this Article shall answer to the best of his knowledge and ability; (b) require any person or institution to report to it; (c) receive petitions, representations or submissions from interested persons or institutions.

When contacted today, Media Secretary of Presidents Office Masood Imad declined to comment, stating that he “was very busy”.

He requested Minivan News to ask the committee members as to what constitutional clause President Waheed was alleged to have violated by not providing the information to parliament.

Masood said yesterday that the statements given to CNI were not in public domain and therefore it would be President Waheed who would make a decision on the matter.

“That is a property of [CNI], but now that commission has been dissolved. So now whether to make the documents available in the public domain is solely up to President Waheed to decide,” he said at the time. “The commission was formed to release a report on the findings. The report is now available, that means it will have what is mentioned in the statements.”

President’s Office Spokesperson, Ahmed ‘Topy’ Thaufeeq also dismissed the committee’s motion claiming that it was a “political” decision.

In an interview given to Channel News Maldives today, Thaufeeq said that the new government has never tried to exert undue influence over the parliament.

“President Waheed has never even once violated the constitution. He is using the powers that have been vested to him by the constitution. He has never gone beyond his jurisdiction. Yesterday, the decision was made by a committee that had the majority of opposition MDP. That is a political decision,” he was quoted as saying.

Thaufeeq went on to accuse the People’s Majlis of trying to influence the day to day running of the government.

“Government reluctance”

Executive Oversight Committee member and MDP MP Ahmed Easa responded that any information from the executive power must be given to the parliament unless it concerns the national security of the state or involves critical confidential information.

“Any document the parliament requests must be given from the government unless its concerns the national security or critical confidential information,” he said. “Even if the information concerns national security interests, there are procedures in which it can be shared. So far government has not said that those documents fit into the said criterion.”

He also claimed that there were no legitimate grounds for President Waheed to ignore the request from parliament without giving proper reasoning. According to Easa, the action “clearly violated the constitution”.

The Kendhikulhudhoo constituency MP admitted that committee would face “huge challenges” in reviewing the findings of the CNI Report without obtaining the information of which the report was based on.

“For an example, CNI has clearly mentioned that there are issues within the country’s judiciary. However, it has not gone into details. So how can we find about the mentioned issues within the judiciary without obtaining the information on which such a conclusion was based upon. We need to find out based on what information had the CNI come to such a conclusion,” he explained.

“They are crying out loud saying that the findings in the CNI report was the truth. If so what we are saying is that the truth must have been obtained from credible true information. Why are they hesitating to share that information with us?”

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Executive Oversight Committee summons former intelligence heads

Parliament’s Executive Oversight Committee has summoned the former intelligence heads of both the Maldives National Defence Force (MNDF) and the Maldives Police Service (MPS) as part of an inquiry into the controversial transfer of power in February 2012.

Brigadier General Ahmed Nilam and former Superintendent Mohamed ‘MC’ Hameed were separately summoned today to attend the closed door meetings.

Nilam was summoned first at 12:00pm, with Hameed addressing the committee at 1:00pm.

According to local media, chair of the committee, opposition Maldivian Democratic Party (MDP) MP Ali Waheed, said that the decision had been taken to hold the meeting behind closed doors to ensure any potentially sensitive intelligence information remained confidential.

The select committee last month agreed, with bipartisan support, to summon Nilam, Hameed and former SAARC Secretary General Fathimath Dhiyana Saeed.

The committee at the time decided that all three individuals would be summoned to parliament separately on January 9.  According to the local media, Saeed was to be summoned at 11:00am today, but requested that her hearing be postponed over personal issues.

Saeed is being summoned over a personal memoir released to the media last month.  The contents of the memoir included allegations that certain figures behind protests leading to the controversial transfer of power on February 7 had also planned to assassinate former President Mohamed Nasheed.

Failure to come to an understanding over issuance of a legal order

Meanwhile, the committee today failed to reach an agreement over issuing a legal order requiring President Dr Mohamed Waheed Hassan Manik to provide evidence gathered by the Commonwealth-backed Commission of National Inquiry (CNI).

The CNI was charged to review the circumstances behind the change of government, concluding that the transfer of power took place constitutionally despite the MDP’s claims of a coup d’état.

The parliamentary committee had called for a vote amongst its members over whether to issue a legal order to obtain statements given to CNI by senior Maldives National Defense Force (MNDF) figures and officials of the former government.  However, the vote failed to secure a required committee majority of 6 members to be passed.

Although backed by all five MDP members on the committee, the vote was short of a sixth and decisive supporter with government-aligned Progressive Party of Maldives (PPM) MP Ahmed Nihan Hassan Manik voting against the motion. His fellow party member MP Ahmed Shareef abstained from the vote.

The statements that the committee had intended to obtain from the government included the accounts given to the CNI of former Defense Minister Tholthath Ibrahim Kaleyfaanu, former Home Minister Hassan Afeef and former Chief of Defense Force retired Major General Moosa Ali Jaleel.  The testimonies of former Male’ Area Commander retired Brigadier General Ibrahim Mohamed Didi and former Commissioner of Police Ahmed Faseeh would also have been requested among others.

The committee had previously sent a letter to President Waheed requesting for him to provide it members with the stated documents.  The request was denied.

Some sitting members of the committee at the time expressed their dismay with the president’s response, arguing that the only option left for the committee was to issue a legal order.

However, in order to issue a legal order, the matter should be approved by an absolute majority of at least six committee members.

Following the failure to obtain a legal order today, MDP Spokesperson MP Hamid Abdul Ghafoor questioned the government’s decision not to supply the information.

“There is absolutely no way as per the constitution where the executive can hide its actions from the parliament. The constitution has given the parliament immense powers in terms of government accountability to the extent that the government cannot even take a loan without parliament’s consent,” he said.

Ghafoor added that while the MDP held a parliamentary majority, it was aiming to conduct the inquiry with bipartisan support.

“We don’t want to make this a political issue. This is a national issue. We are trying to confirm the legitimacy of an installed government. Party politics is not what we are interested in,” he added.

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Preparations for presidential elections underway: President Waheed

President Dr Mohamed Waheed Hassan Manik has assured the public of a “free and fair” presidential election in 2013 as part of his New Year statement.

Waheed used his address to announce that preparations for the 2013 presidential elections were already underway and that the government intended to take “all necessary measures” to ensure a fair election.

Following political tension in the nation following the controversial transfer of power on February 7, 2012, President Waheed said it would be vital in the build up to this year’s election for society to put aside its differences.

“As we prepare for the upcoming elections, I urge the people to strengthen the harmony and unity that have existed in the Maldivian society over the years, and not to allow anyone to disrupt this social harmony,” he said.

“The year 2012 saw major challenges, especially in the political challenges, in the country. It was, however, a year in which steps were taken with patience to maintain the security, safety and harmony of the country and its people,” he said.

The President assured the public that the government intended to improve both the general welfare and security of the people within the capacity of the budget passed by the People’s Majlis on December 27.

“The government will continue to create a safe society with reduced crimes. I call upon the people of the Maldives to put national interest ahead of their political interests,” Waheed added.

President Waheed’s government was brought to power on February 7 last year following a controversial transfer of power later deemed legitimate by a Commonwealth-backed Commission of National Inquiry (CNI).

However, Dr Waheed’s predecessor, former President Mohamed Nasheed, has questioned the CNI’s findings, alleging that he was forced to resign from office under “duress”.

Concerns about the CNI’s conclusions were also raised last month by former Human Rights Minister Fathimath Dhiyana Saeed after she was dismissed by the present government back in November.

“Stolen democracy”

In his own New Year statement, former President Nasheed claimed that democracy had been “stolen” from the public by individuals looking to “further their narrow political ambitions”.

“We have seen a worrying return of police brutality and state-sanctioned violence and intimidation. With this we saw an increase in violent crimes including the tragic murder of Member of Parliament and Islamic scholar Dr Afrasheem Ali, fatal attacks on a journalist and members of public of whom some are children,” Nasheed alleged.

The former President claimed the country had been reported in the world’s newspapers for “all the wrong reasons” and that the Maldives is no longer the “successful Muslim democracy” it once was.

“Instead, the media has been full of stories about human rights abuses, coup d’etat and the government’s disastrous foreign policy decisions that forced out the largest foreign direct investor in the Maldives,” Nasheed added.

“I hope that this year, we will see a genuinely free and fair election, in which everyone is allowed to compete.”

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Allegations of assassination plot “realistic”: former President Nasheed

Former President Mohamed Nasheed has said he believes allegations made in a personal memoir by former Human Rights Minister Fathimath Dhiyana Saeed of a plot to assassinate him are “realistic”.

In an exclusive interview with Minivan News, Nasheed said he hoped the allegations would prompt a thorough criminal investigation either from parliament or other institutions.

“I see Dhiyana Saeed’s allegations as realistic. I hope that the parliament and other institutions would conduct a thorough criminal investigation. Even the CNI [Commission of National Inquiry] report as well highlights the need for such an investigation,” he said.

The memoir, which the former SAARC Secretary General shared with Minivan News, levelled serious allegations against then opposition figures, who Saeed claimed had plotted Nasheed’s fall and conspired to assassinate him.

On the allegations of threats to his life, Nasheed said he had received information from government intelligence sources of plots to assassinate him.

“I did get information from the Ministry of Defence that the intelligence got reports of planned assassination attempts. I had knowledge of this before,” he revealed.

In her memoir, Dhiyana claimed that the notion of “taking out” the former president came up during a conversation she had with a friend and a “long-standing political affiliate” whom she referred as “X”.

Asked whether he knew the identity of X, Nasheed refused to speculate.

“I don’t personally know that person. It would not be very good for me to name the person before a proper investigation. But I too have got information,” he said.

Nasheed added that resigning from the presidency had not put an end to death threats.

“Yes, I do [get threats of assassination], quite a lot actually,” he said.

Dhiyana 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).

Nasheed reiterated his belief that the accusations were accurate, in line with concerns he himself had previously raised over the findings of the CNI’s report.

“After the coup, I was seeing very dirty dealings within the government. According to information I get, even now, affairs of government are being carried out in an irregular mafia style. I don’t see things happening according to government procedures,” he claimed.

Bugging

Nasheed also dismissed allegations by current Defense Minister Mohamed Nazim that the former President had pressured his representative on the CNI, Ahmed ‘Gahaa’ Saeed, to influence the outcome of the inquiry.

“I did not even once call Ahmed Saeed. Not even once I called. I don’t really know how the procedure had gone from the government side,” he claimed.

Dhiyana Saeed also alleged that Defence Minister Nazim had admitted to “bugging” the office of the CNI panel in which witness testimonies were recorded.

However, Nazim dismissed the allegations in local media yesterday.

Nasheed claimed that he too had been told of the alleged surveillance measures by the government during the time the CNI was conducting its inquiry.

Nasheed was however reluctant to comment accusations Saeed had made regarding for Defense Minister Tholhath Ibrahim Kaleyfaanu’s alleged role in the controversial transfer of power on February 7.  He insisted that it was not proper to accuse someone without a thorough investigation.

The former President however reiterated his allegation that his former deputy, current President Mohamed Waheed Hassan Manik, had been plotting his downfall for some time before February 7.

Asked why he had not taken any action taken to investigate allegations against the then-Vice President, Nasheed accused the country’s judiciary of being flawed and politicised, preventing his government from conducting an investigation.

“I was getting information that [President] Waheed was plotting something like this. Due to the way the courts were functioning, the government were unable to conduct necessary criminal investigations,” he explained.

On Dhiyana’s suggestion that only an international criminal investigation that was “independent, impartial and comprehensive” could uncover the truth, Nasheed said he doubted a positive outcome from international intervention.

“I now have a very dim view towards international community. I don’t think there is a UN resolve or an imagination in doing something good and proactive to help a country move forward. I don’t think such a vision is anymore the vision of the UN,” Nasheed claimed.

Revolution

The former President has recently called for an Egyptian-style “popular uprising” to topple the “coup regime”.

“Our party now sees no other change other than a revolutionary change. We could not fire the imagination of the international community to bring an institutional change, a structural change. Their lethargy and their all time need to maintain the status-quo means we cannot bring reform to this country. So the way we see it, the best thing for the country is a revolutionary change,” he said.

Presidents Office Media Secretary Masood Imad said that he “did not wish to comment on what Nasheed had to say,” when contacted yesterday.

While Dhiyana in her memoir concurred with the formerly ruling Maldivian Democratic Party’s (MDP’s) insistence that Nasheed’s resignation was made “under duress” to avoid bloodshed in the capital, she stopped short of characterising the transfer of power as a “coup d’etat.”

“I weighed all this together and I could not ignore the logical conclusion – that key players had engineered and orchestrated the events, that President Nasheed had not resigned voluntarily as he asserted and that Waheed was possibly complicit. I believe further, that had President Nasheed not resigned ‘voluntarily’ that day he would have been killed in a way that would not be apparent as a killing – perhaps ‘accidentally’ in a cross-fire in the MNDF or at the hands of the enraged public in the manner of Amin Didi, the first President of the Republic,” Dhiyana concluded in her memoir.

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Dismissed human rights minister alleges “assassination” plot against former President Nasheed

Former Human Rights Minister and one time SAARC Secretary General Fathimath Dhiyana Saeed has alleged certain figures behind protests leading to the controversial transfer of power on February 7 had also planned to assassinate former President Mohamed Nasheed.

The allegations from Saeed, who was recently dismissed as the government’s Human Rights Minister, were raised in a personal memoir entitled “Silent inquiry: A Personal Memoir on the issue of the Transfer of Powers on the 7th of February 2012” obtained by Minivan News.

In the document, Saeed describes the reasons for her involvement in the anti-government protests led by then opposition leaders, while also alleging that President Dr Mohamed Waheed Hassan Manik’s government had attempted to manipulate the outcome of the Commonwealth-backed Commission of National Inquiry (CNI) report.

Saeed has also accused President Waheed – then vice president – of taking a direct role in efforts to remove Nasheed from office in the run up to February 7.  The president has denied all allegations of his direct involvement in the transfer of power.

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

The President’s Office has today dismissed the allegations that the government had sought to manipulate the CNI report’s as “entirely baseless”, while questioning the motive and timing of the accusations raised by Saeed.

Speaking to Minivan News, Saeed claimed that she had decided to release the information because she believed that the public had a right to know about “such a crime against the state” alleged to have been committed by President Waheed and his allies.

Attempts to assassinate President Nasheed

Saeed’s memoirs recounted a conversation on the morning of February 6 with a “friend and a long-standing political associate” whom she had identified only as “X”.

During her conversation with X, Saeed wrote that the idea of “taking out” president Nasheed came up.

“I understood that to mean an impeachment motion and I knew the opposition didn’t have that kind of numbers so I asked how that was possible. He replied that according to ‘them’ there were many methods, that one of them could go in a technician’s guise, fix the air conditioning and that could do the job. Instantly, I understood that he meant a lethal gas and that he was talking about an assassination,” she wrote.

Saeed said she objected to the idea of an assassinating President Nasheed.

“He dismissed my objections and went on to say that there were people who were ready to shoot Nasheed upfront and they had, among them, the children of those who died on November 3, 1988 [Coup D’état],” she wrote.

Nonetheless, Saeed claimed that the idea of an “upfront” assassination was quickly disregarded, citing the consequences, potentially including an international criminal investigation into an assassination of a head of state.

Saeed went on to allege that should such an attack have been carried out, it would not be the first attempt on President Nasheed’s life.

She accused a group of two to three unidentified military officials in late January 2012 of visiting the then state broadcaster Maldives National Broadcasting Corporation (MNBC) as part of a possible plot.

“They had said the president would be appearing in the [local TV variety show] Heyanbo and would be at the studio for a recording. Then, they had measured the entire distance from the entrance, through the corridors to the studio. They had gone into the studio and drawn diagrams including the wiring above,” she claimed.

“At the time, there had been a hushed and contained talk within select MNBC 1 staff about a staff member being approached to talk about an ‘accidental’ fire from a short of the wires in the studio.  MNBC 1 was a very old building with bad wiring which even now causes problems and an ‘accidental’ fire might be regarded as natural. I was given this information from a reliable source, but I will not disclose the source for safety reasons,” she wrote.

A second plan was alleged by Saeed to have been plotted to take place in an event where the Maldives National Defense Force (MNDF) were to display firing of live arms at a ceremonial event.

“The firing was ceremonial and it was to happen with the Commander of the Armed Forces. That is President Nasheed, standing in a designated position. When the preparation for the ceremony was underway, a mid-ranking officer had reported that he had come to know of a plan to shoot the President ‘accidentally.’ This had resulted in an investigation,” she claimed.

However, according to her account, this was quickly dismissed by the officers in charge stating that an accidental firing was impossible because the weapon would be fixed in a particular position. Due to a conflicting schedule with an another ceremony, the MNDF ceremony took place with then Vice President Waheed as the chief guest.

Pre-planned deposing of Nasheed

Saeed suggested measures were also planned by alleged perpetrators  to guarantee then Vice President Waheed’s loyalty towards opposition forces rather than Nasheed’s Maldivian Democratic Party (MDP) in power at the time.

According to Saeeds’s account, this was achieved through re-igniting the pre-existing conflicts between Waheed and the MDP by sending a group of key opposition figures to meet him.  These political figures were involved in the anti-government protests that began on January 2012 following the controversial detention by the military of Chief Judge of Criminal Court Abdulla Mohamed.

“[X] then told me that their first step had been to create a clash between Waheed and MDP in order to ensure that Waheed would not be able to take over MDP and that’s the reason [Progressive Party of Maldives Interim Deputy Leader Umar Naseer] was sent to Waheed few nights back where after his meeting with the Vice President, he stood outside Waheed’s residence and announced to the country that Waheed was ready to take over from Nasheed. X then repeated that everything was now set for Nasheed to be ‘taken-out.’ I asked him when this taking-out would happen and he said soon,” she recalled.

Saeed alleged that it was no coincidence that February 7 was the exact date by which Nasheed had planned to declare all the courts except the Supreme Court unconstitutional by presidential decree.

“If President Nasheed had carried out that move and despite the constitutional challenges, won the move, it would disarm the old guards in the opposition who still had, to some extent, a hold on the judiciary.  That could be the reason why February 7th was decided upon – that it was the now or never moment,” she claimed.

“In addition, the ongoing civil alliance protest was a bonus in that it would provide the perfect cover,” she added.

As events unfolded, and after Nasheed officially resigned from office on February 7, Saeed said she appeared on the then opposition-aligned local broadcaster DhiTV. After her appearance, she claimed that she received an SMS by “X” asking her whether she “believed” him now.  This SMS message she said did not initially sound suspicious, therefore replied back questioning whether X was “bragging”.

“I remained there, outside the DhiTV building conscious that something very wrong had happened but I couldn’t quite grasp the reality and enormity of what had possibly taken place.  The events that had unfolded and that were manifest before our eyes had seemed spontaneous enough,” she recalled.

However, Saeed claimed that she was tormented by the events that took place, not knowing whether to believe that Nasheed left office within lawful grounds or whether something else had taken place behind the scenes.

“The politics was so bitter, so deeply divided and so polarised that if I happened to confide in the wrong person I thought what I had to say would be reported to the wrong people and covered up,” she admitted.

After a heavy-handed police crackdown on pro-Nasheed protesters following his resignation, Saeed claimed that she sent an SMS again to “X” asking what would happen next as Nasheed had gained a large support base after announcing that he was ousted in a coup.

The reply she got from X, Saeed claimed, was not to worry and that Nasheed would now have to be “finished within constitutional and legal bounds” and that “they had many tricks to play”.

“This [SMS Message] took a load off my chest. I understood it to mean that whatever stand-by plans X and his associates may have had and still had, there would be no attempt or no further attempt on President Nasheed’s life,” she wrote.

Military misconduct on February 7

Aside from the assassination allegations she has raised, Saeed also criticised the findings of the CNI report.

She noted particular concern over the report’s silence on the military officials who had joined the rebellion and the CNI’s failure to refer to the concept of mutiny in the Defence Forces Act.

In the account, Saeed also shared her information on what happened within the MNDF barracks on February 7.

“It may not be publicly known but it is known within the military that on the morning of February 7, prior to President Nasheed’s resignation, then Brigadier General Ahmed Shiyam was purportedly appointed as the Acting Chief of Defence Force,” she wrote.

She claimed that there were no legitimate grounds for Brigadier General Shiyam to be appointed as acting chief of defence force by ex-serviceman, Nazim who, “it is clear, lacked the authority to issue such an order”.

She also argued that while the defence base was on red alert, some officers had abandoned the headquarters in breach of the Defence Forces Act.

“It has also been reported that on February 7, when the MNDF was in red alert and when most of the military had been in rank and file, four senior officers, Solih Moosa of MNDF, Captain Amanullah, First Lieutenant, Adnan and Captain Riyaz (BK) had reportedly left their positions, abandoning their duties,” she wrote.

In another incident highlighted in her account, five Special Protection Group (SPG) officers – under the leadership of Staff Sergeant Rikaaz – had defied President Nasheed, openly claimed that they were following direct orders of then Vice President Waheed and attempted to take weapons that were under the control of the marines.

“Other incidents included open defiance and the use of profanities against seniors in breach of the law, protocol and military custom. It was perhaps for this reason that CNI was denied access to the footage from cameras located within the MNDF Headquarters. It would have shown manifest wrongdoing on the part of the military,” she wrote.

Saeed also maintained that information in her account were received from reliable sources placed within the military, who had also conveyed the same information to CNI.

Allegations against former Defence Minister Tholhath

Saeed’s memoir also alleged that former Defence Minister Tholhath Ibrahim Kaleyfaanu played a pivotal role in the fall of former President Nasheed, claiming that he had breached the Defence Forces Act by exercising his powers beyond legal bounds.

“Tholhath also stands accused of bringing several changes within the structure of MNDF to facilitate this move such as reportedly giving promotion three times within three months to Major Adnan to enable him to be placed in the intelligence section,” she alleged.

She also alleged that the defence minister aggravated the already heated situation by throwing a smoke canister towards protesting police on Republican Square during a “stand-off” between the two institutions.

“The move on the defence minister’s part was outside the role of the minister prescribed by section 10 of the Military Act and it was also in breach of established protocol and rules of engagement,” she added.

Saeed further claimed that Tholhath was in “serious debt” at the time.

“Those people to whom he owed money reportedly included mid ranking military officers as well as top military personnel if indeed, Tholhath was in financial hardship and he had been partly assisted out of that hardship, there could be a motive to lie. In the light of the serious allegations involved, it is disappointing that CNI did not examine his accounts,” she claimed.

Government’s hesitance to be bound by the outcome of Commission of National Inquiry

Despite rejecting initial invitations to join President Waheed’s cabinet, Saeed claimed that she gave the administration the “benefit of doubt” and opted to join the government after Nasheed failed to prove his claim of being removed in a “coup d’etat”.  She contended that he had been given a “just and fair opportunity” to do so at the time, and that she had genuinely believed that Waheed did not know of any plans to “take out” Nasheed.

She was immediately given the task to defend the new government upon taking the position of Human Rights minister after Maldives had been placed in the formal agenda of Commonwealth Ministerial Action Group (CMAG).

CMAG had at the time called on the government to reconstitute the CNI after it raised serious questions on the impartiality of the initial three-member panel that included former President Maumoon Abdul Gayoom’s defence minister.

She claims that the government had refused to accept a clause in the initial Terms of Reference (ToR) – which stated that all parties will consider the “findings of CNI report final and binding” – that the Commonwealth had proposed with its recommendations to reconstitute the CNI.

“At some point in the talks, the Attorney General Azima Shukoor whispered to me that this clause needed to be removed because if the CNI made a finding of culpability on the part of Commissioner of Police Abdulla Riyaz and Defense Minister Mohamed Nazim and recommended that action be taken against them, a final and binding clause might bar them from challenging the finding in the courts.

“In other words, the ‘final and binding’ clause was removed in order to pave way for Riyaz and Nazim, the [Waheed Government’s] Commissioner of Police and the Minister of  Defence respectively, to challenge the CNI’s finding in the event culpability is found on their part,” she wrote.

“In essence, this meant the Government had no intention to be bound by CNI’s findings – unless CNI’s findings suited the Government,” she added.

Defence Minister Nazim’s plan to harass Nasheed’s initial nominee for CNI

After adhering to the demands from the Commonwealth to reconstitute the CNI, the government offered President Nasheed the opportunity to appoint a nominee to the inquiry commission that met an eligibility criterion set out as per the government’s agreement with commonwealth.

Almost all of Nasheed’s names were rejected except that of former school Principal Ahmed ‘Gahaa’ Saeed. Prior to accepting Saeed’s name, the name of former Finance Minister Mohamed Shihab’s daughter Manaal Shihab was floated in the media as a possible nominee of Nasheed.

Saeed claimed in her memoirs that Defence Minister Nazim had urged the government to accept Manaal Shihab’s name and had planned to harass and intimidate her.

“Defence Minister Nazim said we should accept the nomination adding that he had instructed a background check. A background check was normal and legitimate but what he indicated next wasn’t either normal or legitimate. He said they would commence harassment of Manaal from the moment she is appointed to CNI. I remember bantering on to find out whether he really meant that, whether he intended to have President Nasheed’s nominee harassed,” she revealed.

However, Manaal Shihab’s name was withdrawn by the MDP, who had later proposed ‘Gahaa’ Saeed instead. The government at the time had said that even though ‘Gahaa’ Saeed, like all the other nominees proposed by President Nasheed, had not met the government’s eligibility criterion, it would accept the nomination.

However, Saeed argued that the acceptance was made amidst immense pressure from the commonwealth.

Tapping of Commissioner Ahmed ‘Gahaa’ Saeed’s phone

The memoirs allege that even though ‘Gahaa’ Saeed was not harassed, his phone was tapped and the government had been continuously listening to phone conversations, including a conversation between himself and the Commonwealth’s Special Envoy to the Maldives, Sir Don McKinnon.

“The implication that the Commissioner’s phone was tapped didn’t surprise me because the Defence Minister had previously mentioned a telephone conversation that [Sir Don McKinnon] had allegedly had with the commissioner. If my memory serves me right, he had even said they had the recording,” she wrote.

According to Saeed’s memoirs, she had previously asked Nazim whether he would or would not ‘bug’ the investigation room where CNI members took the interviews, but Nazim had at the time dismissed such ideas in vague responses.

However, on one particular day after a high level meeting to discuss on the matter of Maldives being on the formal agenda of CMAG, Saeed recalled an encounter with the Defence Minister.

“I don’t remember what exactly led to the subject of bugging. I may have asked as I had done in the past. He said that the place where CNI had conducted its inquiry was bugged, then made a sweeping gesture and said, even that very room was bugged,” she recalled.

President Waheed’s hand tainted

Saeed claimed she initially believed President Waheed had no knowledge of plans to try and ouster Nasheed prior to his resignation.  However, she said to have later discovered that Waheed too had a role in the controversial toppling of Nasheed, claiming that the President had prior knowledge of what would possibly happen in February.

In her memoir, Saeed refers to another person, identified as “Y” – described as a “trusted friend” – who had a responsibility to oversee independent institutions of the state.

According to Saeed, she had met the figure to discuss perceived inconsistencies in the Human Rights Commission of Maldives (HRCM)’s report on February 7.

“After a discussion of those issues, I told him that there was another reason which made me doubt HRCM’s conclusion. I then told him everything I had been told by X on the February 6 right down to the ‘Now you believe me?’ text I had received from ‘X’ on February 7. The only thing I didn’t tell him was X’s identity,” she wrote.

Saeed claimed “Y” also shared a secret that surprised her.

“A week before the now disputed resignation of President Nasheed, his Vice President had invited ‘Y’ to his residence for dinner. After dinner, when he was about to leave, when he was bending over to put on his shoes, the Vice President had bent over and whispered into his ears, that things would be difficult in the coming week and whether ‘Y’ would help him. ‘Y’, not suspecting that anything out of the ordinary would happen in the coming week had assured the Vice President that he would indeed help him,” she claimed.

Apart from the conversations, Saeed also alleged that “Y” was offered the vacant vice presidents position should President Waheed ascend to the presidency.

She claimed the unidentified figure had declined the offer, going on to write that “Y” would have made a formidable vice president stating that he was “highly skilled and adept at analysis” and was also “an eloquent speaker”.

Saeed claimed that it was Waheed’s “selective” announcement of findings of CNI report had “finally shattered” her faith in his integrity as president.

Saeed accused Dr Waheed of deliberately omitting the findings on police brutality during the press briefing given by the president announcing the findings of CNI,.

“I felt that it was a crime to stay silent [following the announcement]. I called my technical adviser, one of the most competent lawyers I knew and a trusted friend into my office and asked her whether she thought silence amounted to complicity and whether my silence would bar me from entering paradise on the Day of Judgement,” she wrote.

Saeed also alleged that Waheed had also deliberately ignored calls from President Nasheed during the turmoil of February 7.

“[But] he was in continuous contact with people opposing the government. In fact, he promptly answered my messages and calls on the night of February 6 and morning of February 7. He had even called top ranking military personnel and in some instances, reportedly urged and encouraged them to oppose President Nasheed. He did all that and yet, he did not initiate a call to his own president nor did he answer or return the president’s call when the president attempted to contact him twice,” she wrote.

This action, Dhiyana said was “highly significant” because as vice president Waheed had a “constitutional, legal and moral duty to assist Nasheed” and he failed to discharge those duties and had “willfully ignored those duties”.

Conclusion

“I weighed all this together and I could not ignore the logical conclusion – that key players had engineered and orchestrated the events, that President Nasheed had not resigned voluntarily as he asserted and that Waheed was possibly complicit. I believe further, that had President Nasheed not resigned ‘voluntarily’ that day he would have been killed in a way that would not be apparent as a killing – perhaps ‘accidentally’ in a cross-fire in the MNDF or at the hands of the enraged public in the manner of Amin Didi, the first President of the Republic,” Saeed wrote in conclusion.

She added that only an international criminal investigation that is “independent, impartial and comprehensive” can uncover the truth behind the controversial transfer of power on February 7, 2012.

Government response

President’s Office Media Secretary Masood Imad today dismissed allegations that members of the Waheed administration has sought to cover up or manipulate the CNI’s findings, adding that authorities had no involvement in the final report’s conclusions.

Conversely, Masood said that the government was concerned at the time that the MDP had been appointed a representative on the CNI panel, claiming President Waheed and his administration had no representation or “voice” in the process.

“If I’m honest, we didn’t know what the hell [the CNI panel] would come out with in their findings,” he said.

Masood was also critical of the timing of the allegations being released.

“If [Saeed] was being honest, she would have raised these issues while she was still a serving minister,” he said.  “Why is she talking now after quitting or being dismissed from government?  This is not very professional and she should be more responsible.”

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“Not afraid to die from the first bullet shot” – Nasheed calls to topple government from the streets

Former President Mohamed Nasheed has said his Maldivian Democratic Party (MDP) was now preparing to topple the current government of President Mohamed Waheed Hassan in a street rebellion.

Nasheed made the remarks in a rally held Sunday (December 9) on Ihavandhoo in Haa Alif Atoll during the MDP’s campaign trip ‘Vaudhuge Dhathuru’ (Journey of pledges).

The government has meanwhile dismissed the former president’s comments, accusing him of trying to generate media attention for himself, rather than mounting a serious threat to President Dr Mohamed Waheed Hassan’s administration.

Speaking to his supporters yesterday, Nasheed declared that he was “not afraid to die from the first bullet shot” by forces defending President Waheed’s government in the event of any proposed rebellion.

The former president claimed he had attempted diplomacy, while also being very patient since February’s controversial transfer of power.

However, he contended that all efforts undertaken by the party to help the country in its commitments to becoming a democracy were going astray.

Nasheed claimed that the MDP had previously avoided raising the idea of toppling the government from the streets, not because it was impossible, but rather that the party was waiting to do so with the spirit of the people.

“We waited till today not because it is not possible [to topple the government from the street].  [The MDP] wanted this to be a people’s movement that is built upon the views of the people,” he said.

Nasheed also expressed scepticism towards the current government’s commitment to hold free and fair elections and added that his party is not in the mood to hold “discussions” or “please” anyone.

He alleged the current government was not willing to hold a free and fair presidential election next year, adding that the majority of the Maldivian people now believed that the government was desperate to find a way to bar him from contesting the elections.

“There are no courts we could go to seek free and fair elections and justice. There is nobody we could go to and hold discussions on the matter. What is left with us is the people who are determined to not to give up,” he said.

Nasheed repeated his claim that the current government was illegitimate and had taken power through a “coup d’eat”.  Such a government, he said, would not be very committed to serving justice to the people.

Nasheed also challenged the military to load their arms if they have the courage to do so when he and “the people” take the matter to the street.

“MDP have gone beyond fear and [President] Waheed and Police Commissioner Abdulla Riyaz would know how the MDP have evolved,” he said.

The MDP presidential candidate also claimed that he would bring the matter to the attention of the world and said that neighbouring Sri Lanka and India would also be observing the issue.

Speaking to Minivan News, MDP Spokesperson MP Hamid Abdul Ghafoor said “it is not surprising to see MDP taking such a stand”.

“You would know, on February 8 – just a day after the coup – the MDP National Council declared that what happened on February 7 was coup, and the current government took power illegitimately. We have never changed that stand,” he said.

Hamid said the MDP had tried very hard to find a solution from the negotiation table but all its attempts had so far ended fruitlessly. Therefore, Hamid claimed the party had decided it was high time that the people of this state resort to “direct action” to seek a solution.

Minivan News understands that an urgent National Council meeting was scheduled right after president Nasheed made the remarks during the rally.

Media attention

However, President’s Office Media Secretary Masood Imad has claimed that Nasheed’s speech was merely an attempt to garner media attention rather than credibly challenge the government.

“Seriously, I don’t think it’s a matter of concern, I would rather not comment on the matter,” he told Minivan News.  “This guy is going around saying these things trying to get media attention.”

When asked about Nasheed’s allegations that the government was also attempting to stymie his attempts to run for re-election in 2013 by making him face a criminal trial, Masood added that the government was “committed to working within the framework of the law.”

“We have never once stepped outside of the law in the last seven months,” he said. “The road was tiring and long, but we walked it anyway and this should be reason enough both nationally and internationally to make people believe that we will walk that extra mile.”

Nasheed is currently facing trial over his role in the arrest of Criminal Court Chief Judge Abdulla Mohamed.

The government has previously distanced itself from any decision to arrest former President Nasheed, maintaining that any legal action taken against him would be done so by the country’s police and judicial authorities.

The Maldives judiciary is one of the areas highlighted as being in need of institutional reform, according to the the findings of the Commonwealth-backed Commission of National Inquiry (CNI).  The CNI report, released earlier this year, concluded that the Waheed administration had come to power legitimately during February’s controversial transfer of power.

The MDP has previously said it holds severe structural concerns about the CNI’s conclusions, but accepted the report had provided a “way forward” to push for institutional reform in areas such as defence and the judiciary.

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Commonwealth committed to institutional reform, “credible elections” in the Maldives

The Commonwealth has said it will be working with the Maldivian government to push ahead with strengthening and reforming “key public institutions” as it reiterates calls for “inclusive and credible” presidential elections to be held next year.

In a statement issued Friday (December 7), Commonwealth Secretary General Kamalesh Sharma said the intergovernmental organisation would continue to work with international partners and Maldivian authorities on a programme of reform and “practical collaboration”.

Over the last twelve months, the Commonwealth has played a key role in terms of the international community’s stance towards the Maldives, particularly following the controversial transfer of power in February in which the present government came to office.

Following allegations by the now opposition Maldivian Democratic Party (MDP) that President Dr Mohamed Waheed Hassan came to power in a “coup d’etat”, the Commonwealth Ministerial Action Group (CMAG) applied pressure for a reformed Committee of National Inquiry (CNI) to investigate the details behind the change of government.

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

The opposition MDP has previously said it holds severe structural concerns about the CNI’s conclusions, but accepted the report had provided a “way forward” to push for institutional reform in areas such as defence and the judiciary.

Teleconference

Following a teleconference held Thursday (December 6) with Maldives Foreign Minister Dr Abdul Samad Abdullah, Commonwealth Secretary General Sharma issued a statement welcoming government assurances that the CNI’s recommendations would be “advanced meaningfully”.

“It continues to be important that there is even-handed implementation of all the recommendations in the Report of the Commission of National Inquiry, including investigations into allegations of police brutality and acts of intimidation,” stated Sharma.

The secretary general also used the statement to emphasize hopes that presidential elections – anticipated to be held during 2013 – would be conducted on a “a level-playing field for all political parties and actors”.

The Commonwealth said it appreciated commitments made by Foreign Minister Dr Samad to this end.

President’s Office Media Secretary Masood Imad was not responding to calls from Minivan News at the time of press over detailing the types of reform the government was said to have committed to following Thursday’s teleconference.

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Supreme Court overrules Parliament’s decision to invalidate Hulhumale Magistrate Court

The Supreme Court has issued an order invalidating the decision of Parliament’s Independent Institutions Oversight Committee to not recognise the legitimacy of the Hulhumale’ Magistrate Court.

Former President Mohamed Nasheed is currently facing charges in the Hulhumale Court for the detention of Chief Judge Abdulla Mohamed during the final days of his administration.

The oversight committee this week declared the court illegitimate, claiming it lacked “constitutional and legal grounds” to support its legitimacy.

In an order, (No. 2012/SC-SJ/05) issued on November 28, the Supreme Court declared that no institution should meddle with the business of the courts, claiming that it held parental authority over “constitutional and legal affairs” and would not allow such “interference” to take place.

“Any action or a decision taken by an institution of the state that may impact the outcome of a matter that is being heard in a court of law, and prior to a decision by the courts on that matter, shall be deemed invalid, and [the Supreme Court] hereby orders that these acts must not be carried out,” the order read.

Though the order did not specifically mention the decision by the parliamentary oversight committee, it was issued shortly after the committee’s decision regarding the Hulhumale’ court.

Last Tuesday, the Independent Institutions Oversight Committee,following an issue presented by three sitting MPs, declared there were no “legal grounds” to accept the setting up and functioning of Hulhumale’ Magistrate Court based on the powers vested to the Judicial Service Commission (JSC) under article 159 of the constitution and article 21 of the Judicial Service Commission Act, and based on the articles 53 and 63 of Judicature Act.

The members of the committee claimed there was a lack of any legal reasoning to recommence the works of the concerned court after its work had been suspended for five months after the Judicature Act came to force.

Article 63 of the Judicature Act states: “A Magistrate Court shall be established in all inhabited islands with the exception of Male’ where there are the four superior courts created in accordance with Article 53(b) of this Act and in an island where 4 divisions of these four superior courts are established in accordance with Article 53 (c) of this Act.”

However, the Independent Institutions Oversight Committee in its explanation of the decision stated that the exception of Male’ in the stated article included Hulhumale’, which for administrative purposes is considered a ward of the capital.  The committee argued Hulhumale’ could not be deemed as a separate island to establish a magistrate court.

No one should meddle with the courts: Supreme Court

In quashing the parliamentary committee’s decision, the Supreme Court stated that while the Maldivian constitutional system broadly entertained the principle of separation of powers, no one power of the state can go beyond the limits set out in the constitution.

“According to articles 5, 6 and 7 of the constitution that came to force on 7 August 2008, the Maldivian constitutional system has explicitly set out that the executive power, legislative power and the judicial power is independent from one another and the boundaries of each power being clearly set out, it is unconstitutional for one power of the state to go beyond its constitutional boundaries as stated in article 8 of the constitution,” read the order.

The Supreme Court also in its order maintained that as per the constitution, the judicial power of the state was the sole constitutional authority in settling legal disputes between the institutions of the state or private parties.

“The judiciary established under the constitution is an independent and impartial institution and that all public institutions shall protect and uphold this independence and impartiality and therefore no institution shall interfere or influence the functioning of the courts,” it added.

Not meddling with business of courts – Deputy Chair of Independent Institutions Oversight Committee

Speaking to Minivan News, Deputy Chair of Independent Institutions Oversight Committee MP Ahmed Sameer said the committee was not meddling with the business of the courts, but addressing a constitutional violation carried out by the JSC in establishing an illegitimate court.

Sameer – who is also the deputy leader of Maldivian Democratic Party (MDP) parliamentary group – stated that it was a responsibility of the parliament to hold independent institutions and other bodies of the state accountable, and that his committee was mandated with the scrutiny of actions of independent institutions.

“Initially, when we summoned the JSC to the committee, they refused to talk to us or provide any information to the committee. However, from the documents that the committee received later, we found out that the Hulhumale’ Magistrate Court was formed by the JSC which is a violation of the constitution and the laws,” he said.

Sameer argued that the constitution explicitly states that courts can only be formed by legislation and not “through a vote in the JSC”.

“The committee’s decision was made based on the findings of the inquiry. We have all the documents including the agendas of the meeting and the meeting minutes. It is clear that the JSC had formed and an act that is beyond the powers vested to the commission in the constitution and the JSC Act,” he added.

Sameer claimed that the decision by the committee was binding and no authority can overrule the decision.

“With the committee’s decision, we do not plan to give the budget to the court and works are underway to in drafting an amendment that would specifically state the courts that would be formed under the law,” he said.

Sameer added that the parliament will not tolerate any decision that undermines its constitutional powers and responsibilities.

Arrest of Judge Abdulla

The issue concerning Hulhumale Magistrate Court’s legitimacy came to limelight following the Prosecutor General (PG) filing criminal charges against former President Mohamed Nasheed for the detention of Chief Judge of Criminal Court Abdulla Mohamed in January  2012.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the Maldives National Defence Force (MNDF) on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18, and the MNDF acknowledged receipt but did not reply to Supreme Court orders to release the judge.

Then Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Nasheed’s government subsequently requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the JSC”, Foreign Minister at the time, Ahmed Naseemm said that the JSC’s shortcomings “are now an issue of national security.”

The judicial crisis triggered 22 days of continuous protests led by senior opposition figures and those loyal to former President Maumoon Abdul Gayyoom, which eventually led to the controversial toppling of Nasheed’s administration on February 7.

The PG’s Office filed charges based on the investigations by Human Rights Commission of Maldives (HRCM) on the arrest, which concluded that Nasheed was the “highest authority liable” for the military-led detention of Criminal Court Chief Judge Abdulla Mohamed.

Along with Nasheed, the report concluded that the former president’s Defence Minister, Tholhath Ibrahim Kaleyfaanu, was a second key figure responsible with others including Chief of Defence Force Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad.

Charges were also filed against all of those which the HRCM investigation report identified as responsible for the arrest in Hulhumale’ Magistrate Court.

Hulhumale Magistrate Court and legitimacy

During the first hearing of the trial, ex-president Nasheed’s lawyers took procedural points challenging the legitimacy of the court, but were rejected without justification. Nasheed’s legal team’s appeal challenging the legitimacy was initially rejected by the High Court claiming that it cannot look into a matter that was already being heard in Supreme Court.

However, the High Court later granted Nasheed an injunction temporarily suspending the trial of the former president at the contested Hulhumale’ Magistrate Court.  The injunction is pending a ruling on procedural points raised by the former President’s legal team.

Following the injunction, Hulhumale’ Magistrate Court has announced that it had suspended all ongoing cases.

In its announcement, the Hulhumale’ Magistrate Court said it has suspended proceedings on cases involving marriage, divorce, guardianship, family matters, property lawsuits, civil cases, criminal cases involving extension of detention periods as well as other matters that could be affected by the questions raised over its legal status.

Following the High Court’s injunction granted to Nasheed, the JSC filed a case in Supreme Court asking it to look into the legitimacy of the court. The Supreme Court then instructed the High Court to halt its hearings on the appeal.

Supreme Court had previously ordered the Civil Court to send over all files and documents on a case submitted by a lawyer, Ismail Visham, over a year ago challenging the legitimacy of the Hulhumale’ Magistrate Court.

The Supreme Court on November 19, held the first hearing of the case concerning the legitimacy of Hulhumale’ Magistrate Court and Ismail Visham was decided as the respondent of the case.

Nasheed’s legal team also intervened in the court case. Nasheed’s lawyers stated that the case involved the interests of the former president as his case regarding the detention of the Chief Judge of Criminal Court Abdulla Mohamed is heard by Hulhumale’ Magistrate Court.

Meanwhile, several prominent figures have raised doubts over the legitimacy of Hulhumale Magistrate Court.

Former Chairman of the Constitutional Drafting Committee of the Special Majlis, Ibrahim ‘Ibra’ Ismail, in an article in his personal blog stated – “The [Hulhumale’ court] was created by the Judicial Services Commission (JSC) without authority derived from law. Therefore the validity of any order or judgement issued by this court is questionable, and the constitution says no one has to obey any unlawful orders, i.e, orders which are not derived from law. Therefore, President Nasheed’s decision to ignore the summons has more than reasonable legal grounds.”

Ismail further writes that no court has the power, under any law, to issue a travel ban on a person without ever summoning them to court.

He also stated that there was ample to room to believe that the courts were acting with a bias against Nasheed, owing to a number of other politicians and business tycoons who were repeatedly defying court orders and summons.

Prominent lawyer and Independent MP Mohamed ‘Kutti’ Nasheed – who is also the chair of Parliament’s Independent Oversight Committee – in his personal blog also echoed similar remarks explaining that a magistrate court could not legally be established at Hulhumale’.

However following the Supreme Court’s order, Nasheed told Minivan News said that he “wished to give a considered view soon” but refused to reveal a specific date by which he would respond.

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Supreme Court holds first hearing on legitimacy of Hulhumale’ Magistrate Court

The Supreme Court on Sunday held the first hearing of the case concerning the legitimacy of Hulhumale’ Magistrate Court.

The case was filed by the Judicial Service Commission (JSC) and is being heard by the entire seven member bench of the Supreme Court. Respondent in the case was lawyer Ismail Wisham.

Former President Mohamed Nasheed’s legal team also sought to intervene in the court case. Nasheed’s lawyers stated that the case involved the interests of the former president as his case regarding the detention of the Chief Judge of Criminal Court Abdulla Mohamed is being looked by Hulhumale’ Magistrate Court.

At the beginning of the trial, the former Attorney General Husnu al Suood, who was representing the respondent raised procedural points whereby he argued that Supreme Court Judge Adam Mohamed Abdulla could not sit in the bench since he was also the President of the JSC, which therefore amounted to “presumption of bias”.

However, the Supreme Court rejected the procedural points.

“We understand no reasons were given by the Supreme Court as to the why it decided to not hear the case submitted by the MDP,” the party said in a subsequent press statement. “We believe this goes against the principles of Natural Justice. As a party which will be affected by the decision of the Supreme Court, we believe the MDP has locus standi and as such has the right to be heard.”

Speaking on during case, the respondents argued that according to the existing law, there were no legal basis to support the legal existence of Hulhumale’ Magistrate Court, which had been formed in contradiction to the constitution and the Judicature Act article 53.

Judicature Act Article 53(e) states that if four divisions of the four superior courts are established in one island, then “the magistrate court of that island will be abolished. And if a division from among the four courts is established in an island, matters that fall within the jurisdiction of the relevant court shall be carried out by the relevant division and not by the magistrate court.”

The respondent’s lawyer claimed that with reference to the constitution and the Decentralisation Act, it was clear that Hulhumale’ and Villimale are now considered as a part of Male’ even though they are geographically two islands, therefore a magistrate court cannot be set up in any of the islands which under the law are now considered wards.

The intervening Nasheed’s lawyers also echoed similar remarks on the case. Nasheed’s lawyers requested a period of three days to research the documents – which they claimed to have only received just a few minutes before the hearing – but were denied the opportunity.

The JSC lawyers who filed the case argued that Hulhumale’ and Villimale were only considered as a part of Male’ for administrative purposes and that this argument did not have any legal basis. Therefore, they stated, Hulhumale’ should be “judicially” considered a separate island.

The lawyers also claimed that the court was set up with the intention of providing easy access to justice for the people of Hulhumale. They also claimed that according to the Judicature Act article 66, each island must have a magistrate court and that prior to the passing of the Act, the court had been functioning as an island court.

The artice 66 states – “A Magistrate Court shall be established in all inhabited islands with the exception of Male’ where there are the four superior courts created in accordance with Article 53(b) of this Act and in an island where four divisions of these four superior courts are established in accordance with Article 53 (c) of this Act.”

Responding to the claims of the JSC, the respondents stated that based on the documents presented to the court, the Hulhumale court was formed to function as a section of Civil Court and Family Court prior to the passing of the Judicature Act.

The added that only island courts were to be declared as magistrate courts according to the judicature act and since Hulhumale Court was a section of the superior courts, it cannot be declared as a magistrate court according to the Judicature Act.

Supreme Court, adjourning today’s sessions did not mention of the next date the hearings would be scheduled.

The case concerning the legitimacy of Hulhumale Magistrate Court was filed by the JSC in earlier this month, asking the Supreme Court to decide on the matter.

Meanwhile, Nasheed’s Maldivian Democratic Party (MDP) have repeatedly challenged the legitimacy of the Hulhumale’ Magistrate Court.

Member of Nasheed’s legal team, lawyer Hisaan Hussain during a press conference held earlier this month, stated that they felt it would be unjust for the Hulhumale’ Magistrate Court to be presiding over any case after Nasheed’s case was temporarily halted over allegations of the court being unlawfully established.

The Hulhumale’ Magistrate Court held the first hearing of Nasheed’s case on October 9. The second hearing had been scheduled for November 4, which was cancelled following the injunction granted Sunday morning by the High Court.

Nasheed’s legal team has previously raised concerns about the legality of the Hulhumale’ court, citing Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act.

Following the hearing, the MDP in its statement argued that the head of the JSC sitting on the bench during a trial concerning the JSC was against natural justice, and grounds for taking the case to the International Court of Justice.

“That no man shall be his own judge and jury is a fundamental principle of Natural Justice. The Supreme Court decides cases on simple majority and the president of a body that is the appellant and as such a party to the litigation and in which one of the issues is the legality of its own acts, should be disqualified from sitting as a judge in this case,” the party said.

“We are thinking of instructing lawyers to take up this case in the International Court of Justice (ICJ). After all once such basic principles of justice are ignored in our highest court of appeal, it paves the way for appeal to the ICJ.”

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