Tag: Former President Nasheed

Majlis approves reallocation of flats from southern atolls to Hulhumalé

The People’s Majlis voted 38-31 yesterday to grant a request by President Abdulla Yameen to reallocate 704 flats to Hulhumalé from a 1,500-housing unit project planned for four southern atolls.

MPs of the ruling Progressive Party of Maldives (PPM) and coalition partner Maldives Development Alliance (MDA) voted in favour while opposition Maldivian Democratic Party (MDP) MPs and Jumhooree Party (JP) MPs voted against the proposal.

On June 11, President Yameen asked parliament to review a decision by the 17th People’s Majlis in December 2013 to deny the president’s request.

The year before, the previous parliament had also denied his predecessor President Dr Mohamed Waheed’s request to revise the housing project to shift 704 housing units to Hulhumalé.

In December 2012, parliament rejected the proposed change with former Speaker Abdulla Shahid casting a tie-breaking vote after the vote was tied 33-33.

An MVR2.5 billion (US$162 million) loan was secured during the administration of former President Mohamed Nasheed in 2011 to construct 1,500 housing units in Gaaf Alif, Gaaf Dhaal, Fuvahmulah and Addu City.

In a letter seeking parliamentary approval for the revision – which was read out at the parliament sitting on July 2 – President Yameen stated that the government had conducted a “needs assessment” and determined that there was “no need at present” to build more than 796 housing units in the southern atolls.

Yameen also contended that “micro-level decisions regarding loans” should be made by the executive, adding that an affordable housing scheme was essential to develop Hulhumalé with a large enough population to provide education and healthcare services and create job opportunities.

Developing a ‘youth city’ in Hulhumalé with a population of 50,000 was a campaign pledge of President Yameen, whose vision for the artificial island includes the creation of light industries and a “technopolis” park as well as sports and entertainment facilities.

The president’s request was forwarded to the public accounts committee (PAC) earlier this month, which approved it over the objections of opposition MPs on the committee and sent a report (Dhivehi) to the Majlis floor for final approval. The report was compiled by the PAC of the previous parliament.

Pro-government MPs had rejected MDP MPs Ibrahim Shareef’s proposal to seek further information after summoning Housing Minister Dr Mohamed Muiz and voted in favour of a proposal by PPM MP Riyaz Rasheed to pass the previous report.

Parliamentary approval for revising the terms of a loan is required under amendments approved to the Public Finance Act in 2010.

Regional disparity

During the final debate on the report at Tuesday’s sitting, MDP MP for the mid-Hithadhoo constituency in Addu City, Ibrahim Mohamed Didi, alleged that the contractors stood to gain an additional US$21 million by shifting the flats to the Malé region.

“Who on the committee looked into what happens to this US$21 million?” the retired brigadier general asked, characterising the move as a “betrayal” of the people of the southern atolls.

He explained that the cost of a flat decreases from US$150,000 to US$75,000 when it is built in Hulhumalé.

Due to the low value of land outside the central region, Didi said people in the outer atolls were unable to secure housing loans and appealed to pro-government MPs to vote against the proposal on behalf of their constituents.

JP Leader Gasim Ibrahim also alleged “serious corruption” in tendering the construction work to a contractor as the cost of building a flat should not exceed US$75,000 on average.

Flats for tsunami victims in the south were built with loan assistance from the Saudi Fund and elsewhere for about US$50,000, he added.

The JP MP for Maamigili called for investigations by the Auditor General’s Office and Anti-Corruption Commission (ACC), questioning the US$150 million price tag for 1,500 flats.

Independent MP for Gaaf Dhaal Madaveli, Muaz Mohamed Rasheed, said his constituents were “very concerned” with the decision to reallocate the flats from the south.

If the flats are to be built in Hulhumalé, Muaz suggested that citizens of southern atolls should get preference in the awarding process.

However, despite the misgivings, Muaz said the government should be able to make revisions in the interests of loan repayment. While he attended yesterday’s sitting, Muaz did not participate in the vote.

PPM MP for Gaaf Alif Gemanafushi, Jameel Usman, noted that a large number of citizens from the atolls resided in the capital and were in need of housing, to whom President Yameen wished to provide low-cost housing.

MDA MP Ahmed Amir meanwhile cautioned that further delays caused by parliament could jeopardise the loan, which was secured on favourable terms at a “very low” interest rate.

The PPM-led government’s manifesto included land reclamation of several islands in the outer atolls, Amir said, where housing units would also be built.

A UNDP Human Development Index released last month highlighted regional disparities and inequalities in the Maldives as a “major challenge” towards human development.

“Where one is born within the Maldives determines many of the opportunities and choices available to a person,” the report concluded.

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Nasheed warns of “imminent sovereign debt crisis”

Former President Mohamed Nasheed has warned of a sovereign debt crisis if the Maldives is forced to pay US$1.4 billion in compensation to GMR over the abrupt termination of a concession agreement to develop Ibrahim Nasir International Airport (INIA).

Nasheed also reiterated calls for the government to reverse the decision to cancel the contract in December 2012.

“The Maldives is now known around the world as a country that doesn’t keep its promises or honour the contracts. The airport fiasco will hit each and every Maldivian because banks won’t lend money and companies won’t invest in our country without demanding much higher rates of interest,” Nasheed was quoted as saying in a press release issued yesterday.

“By now, Maldivians should have been looking forward to a world-class, new airport, to rival Kuala Lumpur, Singapore, and Hong Kong. Instead we have nothing but an abandoned building site. The actions of President [Abdulla] Yameen and [Dr Mohamed] Waheed have caused this crisis and Maldivians will be paying for their recklessness for decades to come” he added.

The press statement insisted that international best practices were followed in the bidding process – which was overseen by the World Bank’s International Finance Corporation (IFC) – while the Anti-Corruption Commission (ACC) has since ruled out corruption in the airport deal.

Nasheed’s remarks comes on the heels of the opposition Maldivian Democratic Party (MDP) – of which he was recently appointed acting president – threatening to terminate any new agreements concerning the airport should the party regain power.

Failure to reinstate the airport development contract would cause the Maldives to “suffer unforeseeable risk and irrevocable harm,” the party said in a statement yesterday.

Compensation owed “in any case”

Following President Abdulla Yameen publicly conceding that the Indian infrastructure company was owed compensation, GMR said it intends to stick to the US$1.4 billion compensation claim.

“The forceful takeover of the airport by Maldives government amounts to repudiation of a valid contract and therefore damages, including loss of future profit has to paid,” the company said in a statement on Friday (April 26).

Asked by reporters a day earlier if he was confident the outcome of the arbitration would be favourable for the Maldives, President Yameen said: “The reality we have to accept is that a government with full sovereign powers made an agreement with a foreign party and leased [the airport]. This is a government, and what preceded this was a government as well. So believe we have to pay them some kind of financial compensation.”

If the judges on the arbitration panel accept the government’s arguments for nationalisation or expropriation, Yameen said the compensation owed to GMR could be smaller.

“We’re going to have to provide compensation in any case,” he conceded.

Yameen however contended later that GMR was owed US$300 million as compensation for its investment as well as upgrades to the airport.

Yameen had previously said that the out-of-court settlement sought by GMR was too high, and that he would await the outcome of the arbitration proceedings, which could take up to another two months.

“Sovereign debt”

The US$1.4 billion sought by GMR at the Singapore Court of Appeal for “wrongful termination” of the 25-year contract exceeds the annual state budget whilst the national debt is expected to rise to MVR31 billion (US$2 billion) this year.

Nasheed meanwhile warned that “the consequences of the outcome of the arbitration will drive the Maldivian economy to the brink, leading to major sovereign debt crisis.”

The statement noted that estimated GDP for 2014 was US$2.5 billion with an external debt of US$868 billion while the Maldives presently “receives less than US$30 million in grant aid.”

“Coupled by the budget deficit and domestic debt crisis, we are looking at a heavy burden on our children and grandchildren. It would mean by the end of 2014, debt will increase from 25 percent of GDP to 88 percent of GDP,” it added.

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Nasheed warns Supreme Court against interference in Majlis elections

Former President Mohamed Nasheed warned Chief Justice Ahmed Faiz Hussain last night against Supreme Court interference in the upcoming parliamentary elections scheduled for March 22.

Speaking at a campaign launching ceremony for two Maldivian Democratic Party (MDP) candidates, Nasheed said last year’s presidential election was “taken away from us by the Supreme Court.”

“The island council, atoll council, and city council elections have slipped from their fingers by God’s will while they were unaware. Now we are coming to the People’s Majlis elections again. If the People’s Majlis election is stopped, you could not place a bigger obstacle to the country’s development,” he said.

Supreme Court Justices “should know very well that the people of the Maldives will not forgive,” Nasheed said.

“And do not think that the courage of the Maldivian people has flagged. No, when they have to take to the streets, they will,” he said.

“If you decide to halt our elections, remember that we live on this land too. Keep in my mind, our Chief Justice Ahmed Faiz, know that we too grew up in this island. As long as we are on this soil, you cannot keep perpetrating injustices against our people.”

The Maldivian people were not indifferent or willing to “remain in a state of shock or fear,” Nasheed continued, adding that the people have “found courage from one another and moved past their fear”.

“We cannot remain still, we cannot give up the hope of our children and children’s children, we cannot give up the Maldives,” he said.

Suo motu

The Supreme Court summoned members of the Elections Commission (EC) on February 12 and began a surprise trial on charges of contempt of court. The apex court invoked new ‘Sumoto’ or ‘Suo motu’ regulations that allow the court to initiate hearings and act as both prosecutor and judge in a trial.

The court contends that criticism by EC members of its decision to annul the first round of last year’s presidential election – citing a secret police report that has since been dismissed by a UN expert review and questioned by the Human Rights Commission of Maldives – constituted contempt of court.

Nasheed meanwhile declared last week that the MDP will boycott the parliamentary elections if the Supreme Court removes EC members ahead of next month’s polls.

Speaking at a campaign event on the night before EC members were summoned, Nasheed accused parties in the ruling coalition of colluding with the Supreme Court to delay the Majlis elections as they were “certain of defeat.”

“In my view, an election conducted with the Supreme Court exerting influence over the Elections Commission to deliberately commit electoral fraud or rig the vote will not be a legitimate election – in my view, MDP should not participate in such an election,” Nasheed said.

Neither the international community nor the Maldivian public would accept general elections boycotted by the MDP, he insisted.

In his speech at a campaign launching ceremony on Monday night for MDP MP Imthiyaz Fahmy, Nasheed said judicial reform was the most pressing issue facing the Maldives at present.

Neither the chief justice nor other judges should think that the public would cease calls for reform or stop criticising the judiciary “out of fear,” he said, declaring that the party would “not back down in the slightest”.

Referring to the alleged sex tape of Supreme Court Justice Ali Hameed, Nasheed said the party’s concern was not with Hameed’s indiscretions but with the presence of “compromised” judges on the bench who were susceptible to “blackmail”.

While the new constitution was adopted to move away from the autocratic and unjust practices of the past, the Supreme Court has taken on powers to investigate, prosecute, conduct trial, and deliver verdicts on their own accord, Nasheed said.

“The fundamental basis of the reform that the Maldivian people wanted was ensuring that the prosecutor and the court that hears the case are separate. Persons must have the assistance of a lawyer to defend themselves from accusation of a crime,” he said.

“It is the prosecutor general who should prosecute on behalf of the state. We wanted to see separated powers of state [but] today we are seeing the Supreme Court negate the character of the constitution we wished for.”

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MDP will not obstruct government through parliament, says Nasheed

The opposition Maldivian Democratic Party (MDP) will not obstruct or hinder the government should the party win a parliamentary majority in the upcoming general elections, former President Mohamed Nasheed said last night.

Speaking at the campaign launching ceremony for the MDP’s candidate for Manchangoalhi North, MP Mariya Ahmed Didi, Nasheed said obstruction of development projects or government programmes was not the opposition party’s intention.

“Our philosophy is not obstruction. We do not wish to stop undertakings of President [Abdulla] Yameen’s government. We wish for it go ahead on the right path,” he said.

The role of an opposition party in a country with a presidential system was ensuring that campaign pledges are fulfilled, Nasheed added.

Nasheed noted that President Yameen made a number of pledges during last year’s presidential campaign, including raising old age pensions to MVR5,000 a month, providing MVR10,000 to fishermen during lean months, assuring “unlimited” health insurance, and assigning a general practitioner to each family.

“MDP’s legal responsibility today is to encourage holding the government answerable for fulfilling its pledges, if the pledge is not contrary to our philosophy and principles,” he said.

Nasheed suggested that a supplementary budget should be submitted to parliament with funds allocated for fulfilling the ruling Progressive Party of Maldives’ (PPM) campaign promises, which was not the case with the 2014 state budget approved by parliament.

As an additional MVR34 million (US$2.2 million) would be needed to raise the elderly benefits, Nasheed said the required amount could be saved from the budget by halving the salary and allowances of ministers, deputy ministers and state ministers.

He added that the MDP would seek amending the relevant laws to reduce wages of political appointees.

“We need a majority of the People’s Majlis to bring about this change through the law,” he said.

Meanwhile, campaigning in Noonu Velidhoo last night, President Yameen urged voters to choose candidates representing the governing ‘Progressive Coalition’ in order to ensure that the executive receives the necessary cooperation from the legislature.

Yameen argued that parliament was “in need of change” and needed to earn the public’s respect.

He added that it was the parliament that would “put the final stamp” on the government’s efforts to fulfil its campaign pledges.

“If the general rule that they follow is to try to stop everything that is beneficial for the people, that’s not responsible,” the president was quoted as saying by Sun Online.

Yameen also reportedly indicated that the government could submit a supplementary budget this year. The president has previously accused parliament of delaying approval of loans through the public finance committee.

“I need some cash”

In his speech, Nasheed meanwhile referred to a leaked phone conversation in July 2010 between business magnate MP Gasim Ibrahim and then-Independent MP Mohamed ‘Kutti’ Nasheed, who recently joined the PPM, in which the latter asks the business magnate for “some cash”.

In a second leaked conversation, Nasheed read out a draft outlining the then-opposition’s plans to block taxation legislation and amend the Public Finance Act to require parliamentary approval for signing agreements such as the airport privatisation deal with GMR.

The amendments were cited as the main reason for the en masse cabinet resignation in June 2010 with Nasheed announcing at the time that the new laws would make it “impossible for the government to function.”

While then-President Nasheed ratified the amendments after parliament overrode his veto, the government filed a case at the Supreme Court in December 2010 contesting the constitutionality of some provisions.

Nasheed contended last night that opposition politicians obstructed the MDP government because they feared the party would win reelection if it was allowed to implement its policies.

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MDP launches parliamentary elections campaign

The opposition Maldivian Democratic Party (MDP) officially launched its parliamentary elections campaign at a rally in Malé last night.

Addressing supporters at the carnival area of the artificial beach, former President Mohamed Nasheed said the party was once again facing an election with “many new experiences” and “renewed courage”.

“The Maldivian Democratic Party has made a proposal to the Maldivian people. This party has brought hope of another way for the people – the hope that they could find housing, provide healthcare for their children, provide education for their children, travel easily from one place to another, and [the hope] that the Maldivian people will have social security,” he said.

The party’s aim was to fulfil the hopes of the Maldivian people, he added, pledging to “take you to the ‘Other Maldives.'”

“It is going to be 100 days since the Maldivian government changed the way the Supreme Court wanted. The people of our country can see very clearly how things transpired during the past 100 days. They said they will create 90,000-odd jobs but our people were watching when posts were divided among family members,” Nasheed said.

The Progressive Party of Maldives-led (PPM) coalition government has not formulated policies or launched any projects to spur job creation, Nasheed claimed.

“Building flats has stalled and they’re saying loudly that there’s no money for land reclamation,” he continued. “We are seeing the [public] transport system come to a halt. Going from one island to another for medical treatment or to visit relatives has once again become difficult.”

The MDP government’s policy of shifting schools to single sessions, which Nasheed contended was responsible for year-on-year improvements in the O’ Level pass rate, has been discontinued, he added.

Moreover, infrastructure projects in the atolls, such as construction of harbours and provision of electricity and waste management services, have also ceased, Nasheed said.

Nasheed argued that development projects remained stalled because senior government officials were working in their self-interest.

During last year’s presidential campaign, Nasheed had maintained that a power sharing arrangement to form a coalition government was incompatible with the presidential system envisioned in the Maldivian government.

Nasheed went on to call on the public to “vote for the scale [MDP logo]”.

“Vote for the scale to reform the judiciary. We are asking the Maldivian people to vote for the scale to not let the powers of the state be merged. We are asking the Maldivian people to vote for the scale to guarantee social security,” he said.

The former president expressed confidence that the MDP would secure a “comfortable majority” in the upcoming parliamentary polls scheduled for March 22. The party is contesting all 85 constituencies.

At last night’s rally, 84 of the party’s candidates for the People’s Majlis were brought on stage to read out a declaration pledging loyalty to the party.

The MDP’s slogan for this year’s campaign is “Vote for the scale for separation of powers.”

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Convicted drug kingpin leaves for Sri Lanka

The ringleader of a nationwide drug network convicted and jailed in November departed to Sri Lanka last night, ostensibly for medical treatment, local media has learned.

Ibrahim Shafaz Abdul Razzaq, 32, of Maafanu Lonumidhilige, was sentenced to 18 years in prison and fined MVR75,000 (US$4,860) after being found guilty of drug trafficking.

According to newspaper Haveeru, the Maldives Correctional Services (MCS) was not informed of a date for the inmate’s return. Shafaz was not accompanied by an MCS officer, the local daily reported.

Opposition-aligned private broadcaster Raajje TV reported that a “reliable source” claimed Shafaz was not listed in the immigration control system as a convict when he boarded the midnight flight with his family.

Raajje TV also alleged that Shafaz was allowed to leave the country on orders from Tourism Minister Ahmed Adeeb.

Responding to the allegation, Adeeb told Minivan News today that as tourism minister he did not have “a say in the decisions by the independent institution formed by the law called Maldives Correctional Service.”

“Raajje TV is a very irresponsible media directing all the allegations towards me politically,” the deputy leader of the ruling Progressive Party of Maldives (PPM) said.

MCS officials could not be reached for comment today.

President’s Office Spokesperson Ibrahim Muaz was meanwhile unable to confirm for Raajje TV whether Shafaz was among 24 convicts whose sentences were commuted by President Abdulla Yameen last month.

President Yameen commuted the sentences of persons banished, serving jail sentences or under house arrest “with conditions.”

In the final days of his administration, former President Dr Mohamed Waheed Hassan also commuted the sentences of 35 convicts under authority granted by the Clemency Act.

Individuals convicted of murder, terrorism, a crime with a punishment (hadd) prescribed in Islamic Shariah, disturbing the peace – including attacking or threatening a security officer or vandalising public property – child abuse, rape, homosexuality, and drug trafficking involving an amount more than four grams were not eligible for clemency, the President’s Office said last month.

Details of the convicts, the conditions for granting clemency and the reduced sentences were not disclosed on either occasion.

Article 115 of the constitution states that the president has the authority “to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal.”

“Operation Challenge”

Shafaz was arrested on June 24, 2011 with 896 grams of heroin from a rented apartment in a building owned by PPM MP Ahmed ‘Redwave’ Saleem.

Former head of the Drug Enforcement Department (DED), Superintendent Mohamed Jinah, told the press at the time that police raided Henveiru Fashan based on intelligence information gathered in the two-year long “Operation Challenge.”

Jihah labeled Shafaz a high-profile drug dealer suspected of smuggling and supplying drugs since 2006.

The traffickers had been using an authorised money exchanger called A J Emporium to transfer funds to Sri Lanka, Jinah revealed.

The drugs were believed to have been smuggled via Sri Lankan Airlines.

Jinah claimed that the network smuggled drugs worth MVR1.3 million (US$84,306) to the Maldives between February and April 2011.

Police also discovered that Shafaz had bought a shop named ‘Charm’ for MVR150,000 (US$9700) that was sold in June 2011 for MVR200,000 (US$12,970).

Moreover, Shafaz was renting three apartments in Male’ and owned a tailor shop bought for MVR200,000 (US$13,000), a shop in Kaafu Atoll Maafushi, and a Suzuki Swift car worth MVR180,000 (US$11,673), later sold for MVR170,000 (US$11,025).

As Shafaz was not in the room with the drugs at the time of the raid and his fingerprints were not found on the confiscated drugs, the Criminal Court ruled last year that there was not enough evidence to convict Shafaz on one count of the drug charges.

However, he was found guilty on the second count based on recorded phone conversations and financial transactions with a contact in Colombo, believed to be the supplier.

Three of Shafaz’s accomplices who were caught with the opiates and packing equipment – Ismail Shaheem, Mohamed Meead and Anas Anees – were meanwhile found guilty of possession and trafficking and sentenced to ten years in prison.

In a speech a few days after the drug bust, former President Mohamed Nasheed said he found it “quite shocking [that] 800 packets of heroin a night were getting sealed in the house of an honourable member of parliament.”

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Statement accusing Mulay of interference was forged, says JSC

The High Commission of India in the Maldives has expressed disappointment with the Agence France-Presse (AFP) newswire after it published a story on what the high commission claimed was a “forged” media statement from the Judicial Service Commission (JSC).

The statement, with JSC header and dubbed an ‘official translation’, said the JSC “regrets the interference of the High Commissioner of India in Maldives in his personal capacity with the judicial process of the Maldives, by keeping former President Mohamed Nasheed within the diplomatic confines  of the High Commission thereby impeding the due process of the Law.

“We appreciate the official stand of the Indian Government to refrain from interfering with the internal affairs of Maldives and respect independence of the judiciary,” read the statement.

It was emailed from an anonymous gmail account, [email protected].

The High Commission of India issued a press release on Sunday (February 17) admonishing the AFP for circulating the report based on the false JSC statement.

“The High Commission expresses its disappointment that a respected news agency like AFP has chosen to give undue publicity to such a cheap gimmick against the High Commissioner in the current sensitive atmosphere, without even bothering to check the veracity of the said letter with the JSC or High Commission of India in Male’,” the statement read.

The high commission statement was accompanied with an email from the JSC Secretariat denying having issued the release.

JSC Secretary General Aboobakuru Mohamed said the letterhead was “forged” and the statement was “false”.

“Regarding the issue of sheltering by the Maldivian ex-president, Mr Mohamed Nasheed within the compound of the High Commision of India, Male’, Maldives, we, the Judicial Service Commission (JSC) of Maldives, categorically deny issuing any statement on this regard,” the statement said.

The Indian High Commission called on AFP “to immediately retract its report and issue an apology prominently for the damage caused to the reputation and good will of the High Commissioner and the Indian Mission.”

Various new outlets have reported senior Maldivian government officials echoing the sentiment of the “forged” JSC statement: “The fact of the matter is that some individual Indian diplomats are interfering in our internal affairs. This must stop,” a senior government official told AFP, asking not to be named.

Maldives-India relations

Indian High Commissioner D M Mulay was meanwhile summoned to the Ministry of Foreign Affairs on Sunday (February 17) – the first time a high commissioner has been summoned by the ministry according to local media.

Mulay reportedly delivered a brief diplomatic note discussing the Indian government’s accommodation of Nasheed.

“We have not interfered with Maldivian politics and have no intention of even doing so. India also wants the Maldives’ judicial process to go on. We also want stability and peace in the Maldives. We want political reconciliation through peaceful dialogue,” Mulay told local media afterwards.

Following India’s initial warning that a failure to allow all political leaders to contest the elections would call into question the integrity of the electoral process and perpetuate instability, the Ministry of Foreign Affairs Ministry declared it was “unfortunate that the government of India has decided to comment on the types of candidates that could contest the upcoming Presidential Elections in the Maldives scheduled for September 2013.”

Local newspaper Haveeru quoted an unnamed government official as stating that the “political atmosphere in the Maldives would reach a boiling point” if India allowed it.

Meanwhile, President Waheed Hassan Manik  promised to promote democracy and maintain law and order in a statement issued Saturday (February 16).

He emphasised his “dismay” that Nasheed had sought refuge in the High Commission, instead of heeding his court summons, which expired on February 13.

“There is no reason for him to remain in the High Commission and to instigate street violence. The court order has nothing to do with my government. Upholding the rule of law means nobody is above the law,” Waheed said.

President’s Office Media Secretary Masood Imad implied that India was trying to fuel political turmoil in the Maldives.

“Mulay should take direct responsibility for the fresh unrest and violence in the capital,” he told local media.

Home Minister Mohamed Jameel Ahmed has also expressed his disappointment over the Indian government’s decision to provide refuge to Nasheed in the Indian High Commission.

Nasheed’s trial

Former President Mohamed Nasheed failed to attend the Hulhumale’ Magistrate Court hearing on February 10, resulting in a court order for police to produce Nasheed for trial regarding his controversial detention of Chief Judge of the Criminal Court Abdulla Mohamed in January 2012.

In response to rumours of Nasheed’s imminent arrest, he entered the Indian High Commission on February 13 seeking India’s assistance.

His Maldivian Democratic Party (MDP) maintain that the charges – based on his detaining Chief Judge of the Criminal Court Abdulla Mohamed during his final days in office – are a politically-motivated attempt to prevent him contesting the 2013 elections.

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Hulhumale’ Court rejects case against former President Nasheed

Hulhumale’ Magistrate Court rejected a case forwarded by the Prosecutor General against former President Mohamed Nasheed and three Maldives National Defence Force (MNDF) officers for their alleged role in detaining Criminal Court Chief Judge Abdulla Mohamed.

Hulhumale’ Court Magistrate Moosa Naseem told Minivan News that the case was sent back to the Prosecutor General’s Office after the court stated it did not have the jurisdiction to deal with such cases under the Judicature Act.

‘’We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,’’ Naseem said.

Naseem today told local media that the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66[b] of the Judicature Act.

Article 66[b] of the Judicature Act states that “In accordance with Section (a) of this Article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.’’

Deputy Prosecutor General Husaain Shameem said he was presently on leave and was not aware of the exact details of the matter when contacted by Minivan News. Prosecutor General Muiz was also not responding to calls by Minivan News at the time of press.

Earlier, Muiz has said that the case was sent to Hulhumale’ Magistrate Court because it related to the Chief Judge of the Criminal Court.  He contended therefore that the case cannot be filed at the same court overseen by the judge owing to a conflict of interest.

Former President Nasheed has said that he is “prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court and prove his actions were valid.

Nasheed also dismissed accusations of the High Court, the Supreme Court and the prosecutor general that he had ordered the military to arrest Judge Abdulla unlawfully.

“I did nothing unlawful during my tenure,” he challenged.

He also called on the population to be present at his trial and witness what happened in the court, alleging that the whole case was politically motivated and that his opponents were seeking to gain an unfair upper hand from the “political scandal”.

The Chief Judge was detained by the military, after he had opened the court outside normal hours to order the immediate release of former Justice Minister and current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel.

In late 2011, Judge Abdulla was himself under investigation by the JSC, the country’s judicial watchdog, for allegedly politically biased comments made to private broadcaster DhiTV. The Judicial Services Commission (JSC) was due to release a report into Judge Abdulla’s ethical misconduct, however the judge approached the Civil Court and successfully filed an injunction against his further investigation by the judicial watchdog.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

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Nasheed invites Gayoom to talks, offers apology

Ousted President Mohamed Nasheed has offered to apologise to former President Maumoon Abdul Gayoom for accusing him of masterminding the change of government, were the leader of 30 years to agree to participate in the the All Party Talks.

Gayoom this week accused Nasheed of continuously making baseless comments about him in both the local and the international community, particularly that the former President had masterminded a coup d’état on February 7.

“With such a person, I do not wish to sit down and negotiate,” Gayoom said.

In an official statement on Sunday, Nasheed argued that his allegations were based on public statements made by Gayoom and those closely affiliated with him politically, including his family members – many of whom now hold senior positions in government.

Gayoom had called for Nasheed’s government to be brought down prior to departing for Malaysia in January, a month before Nasheed resigned amid a police mutiny.

“President Gayyoom stated that it was time to bring an end to the government entrusted upon me in my capacity as President of Maldives, and that the instigation of the enterprise was already overdue,” Nasheed said.

Vice President of the Progressive Party of Maldives (PPM) Umar Naseer had stated on many occasions that he had personally staged and directed the coup from ‘the command centre’, noted Nasheed.

“Naseer also met with my Vice President, Mohamed Waheed Hassan Manik (now President) prior to the coup, along with all parties affiliated with the 23rd December coalition, and implored Dr Waheed to take over the post of the President of the Republic on the sole condition that having usurped the presidency,  he would refuse to resign from his post,” Nasheed said.

Naseer, in an interview given to the SBS dateline program “Mutiny in Maldives” in February, explained in English what happened from the perspective of the opposition demonstrators on February 7.

“We had a small command centre where we do all the protests. I command from the centre and give instructions to my people. On the protesters’ side, we were informing and educating the police and army through our speeches and television programs,” Naseer said at the time.

Nasheed also highlighted that statements from MPs now aligned with the government, including PPM MP Ilham Ahmed and Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed, had expressed gratitude to Gayoom and his family following the toppling of Nasheed’s government.

“Subsequent to my resignation under duress on the 7thof February, Ilham Mohamed, the Honorable Member for the Gemenafushi Constituency and Vice President of the PPM, and Riyaz Rasheed, the Honorable Member for the Vilufushi Constituency, stated in an interview on the day of the coup that all thanks for the accomplishment of ‘this enterprise’, referring to the staging of the coup and overthrow of the government, were owed to President Gayoom and his family,” Nasheed said.

The former opposition parliamentarians had attested that President Gayoom’s son, Farish Maumoon, was instrumental throughout that entire night to the operation which accomplished “the enterprise”.

Nasheed also noted that Gayoom’s daughter and family members, being “part and parcel to the current coup government”, had “attained high offices within it.”

Nasheed contested that Gayoom had never denied that he had committed these actions on behalf of the political party to which he belonged, nor had he condemned any of the “aforementioned actions”.

“Nevertheless, in a predicament such as we are, and whilst the people of Maldives are overtly distressed by what has transpired after the coup, I have come to know that President Gayoom has said that he would sit with me for dialogue in the event I apologise for stating that it was he who instigated this coup,” Nasheed said.

Nasheed said he “firmly believed” that the powers of the Maldivian state were vested with the Maldivian people and should remain as such.

“Given that not for a single moment would I wish for someone unelected by the people of Maldives to entertain himself as leader to them, I believe now is the time for all parties to come forth in support of the best interest of the nation and its citizens, and as such, if President Gayoom indeed was not party to the coup, I have decided to apologise to President Gayyoom for the fact that I said he was behind this coup,” Nasheed concluded.

Nasheed also thanked facilitator of All Party Talks, Ahmed Mujuthaba, for “all the efforts” exerted by him to ensure that the negotiations succeeded.

Mujuthaba last week announced that a series of “high level” discussions will be held between President Dr Mohamed Waheed Hassan and the leaders of the largest political parties, to try and relieve growing political tension in the Maldives after the failure of talks in June.

Gayoom’s “humble refusal”

In a rally held yesterday by the PPM in Addu City, Gayoom publicly spoke vigorously condemned his successor, claiming that Nasheed had a habit of defaming him to both the local and international community.

Gayoom said that he had “humbly refused” a request from United States Ambassador to Sri Lanka and the Maldives, Patricia Butenis, to take part in the All Party Talks along with Nasheed.

He dismissed Nasheed’s claims that the controversial transfer of power was a coup d’état, but commended the acts of the mutinying police and military officials.

Following Gayoom’s statement, MDP Spokesperson MP Imthiyaz Fahmy said that it was disappointing to see Gayyoom refusing to take part in the All Party Talks.

“With the country fallen into this grave state, it is saddening to see Gayoom refusing to take part in the All Party Talks, a negotiation that is highly related to the public interest of the country,” Imthiyaz said, and called on the former President to prioritise the country before his own personal interest.

Imthiyaz said the MDP was ready to come to the negotiation table, a sentiment matched by former MP and MDP Legal affairs committee member Ibrahim ‘Ibra’ Ismail.

“I was once the President of the MDP. Nasheed was the Chairperson then. We both were harassed and tortured during Gayoom’s regime because we were opposed to his rule,” Ibra said. “But even then we were both prepared to talk to Gayoom and his government on issues that concerned the national interest,” he recalled.

Government demands “sincerity” from Nasheed

President’s Office Spokesperson Abbas Adil Riza said he doubted the sincerity of Nasheed’s “official apology”.

“Nasheed needs to show his sincerity and his commitment to the talks. If things are to materialise from the All Party Talks, [Nasheed] needs to win back trust and support from leaders of the other political parties,” he said.

Riza claimed that several political parties had expressed concerns following the ongoing protests by the MDP, alleging that Nasheed was behind the ongoing political “violence” and that this would affect the talks.

“All the political parties have raised concerns with the government regarding the ongoing political violence in the country. Nasheed should stop taking his supporters to the street and bring an end to the ongoing violent protests in order to win back the trust and support of other political parties,” Riza suggested.

The last round of All Party Talks collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

Riza said PPM council members had informed him they would come to a decision regarding Nasheed’s apology after a party council meeting, but said several were not in support of sitting down to negotiate with Nasheed.

“Some of them have said that they are not necessarily against talking to the MDP, but that it has to be someone else from the party and not Nasheed,” he added.

“The first thing on the agenda [of the talks] is to stop the ongoing political violence in the country. So there has to be peace to begin talks,” he said.

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