Tag: Fuwad Thowfeek

Nasheed to face Yameen in run-off as polls mirror annulled Sept 7 results

No candidate has reached 50 percent in the Maldives’ much anticipated revote, with the uncertainty over whether the country would return to the polls at 7:30am tomorrow morning as scheduled after second-placed Abdulla Yameen indicated that he would refuse to sign the voter registry.

Just as in the annulled first round Maldivian Democratic Party (MDP) candidate Mohamed Nasheed finished ahead, with Progressive Party of Maldives (PPM) candidate Abdulla Yameen finishing in second place.

The Jumhooree Party’s (JP) Gasim Ibrahim – whose displeasure with the first round eventually led the Supreme Court to order a re-vote – again finished in third place, missing out on the second round.

The Elections Commission is due to announce provisional results later this evening, with present vote percentages near-mirroring those of the annulled first round – although the vast majority of incumbent President Mohamed Waheed’s first round five percent support appears to have transitioned to the PPM, giving it a decisive lead over the JP.

Despite winning a clear place in the run-off, Yameen said he would be unwilling to consent to polls before November 13.

“No election is not going to happen tomorrow. The simple reason being that the Elections Commission is not prepared for that. The Elections Commission does not have a list that has been pre-signed by the candidates. What they have is a fresh list. So a fresh list for us to review and sign, for verification we need at least 48 hours. So the list they have we are not sure whether that is the list they had for today’s voting,” Yameen claimed.

“So until and unless we are able to ascertain that this is the same list, we are unable to sign that. So the Elections Commission is not prepared. What they are claiming is that they have the same list but unfortunately if it were the same list our signatures or our representatives’ signatures would have been on the list. But unfortunately these are fresh sheets. So we are not sure whether this is the same list we used for voting today. So primarily it is a shortcoming on the part of the Elections Commission. It’s nothing to do with PPM or any other party,” he alleged.

Polling began at 7:00am today and continued without major incidents before closing at 3:30pm. Today’s morning turnout appeared notably less than the 88 percent of eligible voters who cast their ballots in the September 7 poll, however the numbers picked up later in the day leading to an anticipated turnout in the low 80s.

Concerns remain over the fate of the second round, however, with both JP and PPM leaders initially reluctant to sign the necessary electoral register for the run-off.

“It looks as if they are not so keen on fulfilling their duties and responsibilities. Signing these lists is a duty given to candidates and their reps by the Supreme Court,” said Elections Commissioner Fuwad Thowfeek.

The JP would later accuse the Elections Commission of anti-campaigning by revealing the party’s reluctance to sign the new lists.

Signature of the lists was mandated within the Supreme Court’s annulment ruling, with the government aligned party’s prior reluctance to sign leading to the delay of the previously scheduled election on October 19.

Midway through today’s polling, the JP’s Youth Wing Leader Moosa Anwar submitted a letter to the Supreme Court, requesting that the second round of elections scheduled for Sunday be annulled.

Anwar argued that the short period between rounds would deprive candidates of the opportunity to campaign, or to endorse a run-off candidate.

As tonight’s result became apparent, the MDP released a statement criticising attempts to further delay the election.

“Our opponents are, once again, trying to subvert democracy by refusing to sign the voter lists for tomorrow’s election,” said MDP Deputy Chairperson Ali Shiyam.

The MDP called on the international community to do all they can to ensure an elected president is sworn in by the constitutional deadline, which expires at midnight on Sunday (October 10).

“The international community must apply pressure – including targeted, punitive sanctions – on those individuals who seek to undermine Maldivian democracy,” the party stated.

Arrangements for an interim period were addressed in the Supreme Court today, where a Majlis motion to have the speaker of the house assume the presidency was overruled by the court’s insistence that President Dr Mohamed Waheed remain in power.

The same four judges who supported the annulment of the first round of the election voted to uphold their original ruling, meaning that President Waheed and his government would remain in power.

Waheed, who had withdrawn his name from today’s ballot following a poor showing in September, has previously stated that he has no desire to remain in his post beyond the end of his term.

Elsewhere today, however, officers from the Maldives National Defence Force (MNDF) began circulating an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

“We do not believe there will be a president and a Commander in Chief on 11 November 2013 if there is no president elect,” read the document signed by 73 officers described by one MNDF source as the “backbone of the military”.

“And we believe the positions of President, the cabinet and all individuals  in political posts will expire at 12:00 midnight on 10 November 2013… Hence, we call on all soldiers to respect the Constitution,” the soldiers stated.

The MNDF promoted over 300 soldiers on Friday.

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Maldivians convey “1000 Thanks” to the Elections Commission

Elections Commission (EC) President Fuwad Thowfeek, member Ali Mohamed Manik and Secretary General Asim Abdul Sattar have met with a group of young Maldivians who presented the commission with a memento to express gratitude for their repeated efforts to conduct a presidential election this year.

The poster, titled “1000 Thanks”, was a mosaic of photos of several hundred citizens holding messages of support for the EC.

Upon receiving the token of thanks, Thowfeek stated that the commission’s team “is very happy to know that we are not alone in this work, and that we have the support of so many people.”

“It is for you, for citizens, that we are tirelessly doing this work, without rest or sleep, and often without even time for proper meals. We are very thankful for this show of support and are further inspired to carry on doing all we can to ensure we can guarantee that the people of Maldives get to elect a leader through free and fair elections,” Thowfeek stated.

Thowfeek added that the gratitude shown by the people is deserved by the whole team at the EC, adding that this includes commission members, department heads, staff members and temporary staff members. He said that the complete team consists of about 4000 people.

“This means a lot to us, and we will cherish this sentiment of thanks. We will Do everything possible to honor the trust you have in us.”

#InFuadWeTrust

According to the team who presented the “1000 Thanks” poster to the EC, the campaign is an effort initiated by a group of persons on social media via twitter and facebook. All the photos in the mosaic were submitted via these mediums, or were taken by volunteers in various islands, including capital city Male’ and Addu City.

“The main objective of this effort is to show gratitude to the EC and Fuwad for his excellent leadership, holding the team together and going forward in the face of so many strong obstacles and threats. This is a gesture of thanks from us, the electorate, to the EC team for their tireless work to defend our right to vote,” said team member Ismail Zayan Shakeeb, a first time voter in the coming fresh round of elections.

“We are still getting photos via email, facebook and twitter. We wanted to hand this token to the EC prior to Saturday’s voting, and so have printed the nearly 500 submissions we have received in just under a week. Our social media channels are still open for submission though,” said an 18 year old female volunteer.

Participants in the campaign are seen holding a variety of messages, including “#InFuadWeTrust” – a twitter hashtag which has become popular during the recent attempts to hold elections, “Fuwad – finally a man to trust”, and “Fuwad is our Batman, our very own Dark Knight”.

Presidential Election: Attempt 4

The November 9 polls are the EC’s fourth attempt to hold presidential elections – with the first round held on September 7 later annulled by the Supreme Court.

“It is a difficult time for us, but we know that Maldivians have been waiting for and wanting an election for over two years. And we believe that it is our responsibility to provide a free, fair and independent election for our people,” Thowfeek said.

“We did everything we possibly can to do this, and the best election we have had was on the 7th of September. But then, for very unreasonable reasons, the Supreme Court has annulled these elections,” he stated.

“This election won’t be as good as we want it to be, which we could have done if we had gotten the time period allocated for elections in the constitution,” he stated.

“It looks like we will be having elections this Saturday.”

Back at work

Thowfeek was admitted to ADK late Wednesday night, and hospitalized till Thursday afternoon.

Soon after his release, he returned to the EC offices to join his team with preparations for Saturday’s election, insisting that he “feels much better now”.

“I had a chest pain, and my colleagues advised me to go see a doctor. The doctor did a very thorough check up and said there’s nothing to worry about. They kept me admitted in the hospital for about 16 hours. But the doctor said upon discharge that I can come back to work, and so here I am,” Thowfeek explained.

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Fuwad discharged from hospital, EC prepares for November 10 second round

The Elections Commission (EC) President Fuwad Thowfeek has been discharged from ADK hospital after being admitted with chest pains last night.

Fuwad told Minivan News via a text message that he is currently resting at home, but will return to work this evening.

Meanwhile, the EC is preparing for a second round of elections for November 10 – a day after the first round of polls on November 9 and a day before the current presidential term ends on November 11.

A second round is to be held only if no candidate wins over 50 percent in the first round. The November 9 election marks the EC’s third attempt to hold presidential polls after the Supreme Court annulled the September 7 first round and the police obstructed a second attempt to hold a vote on October 19.

The announcement comes following extensive international pressure when the Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) on Tuesday threatened not to sign the voter registry – a move that could disrupt elections.

The PPM, JP and Maldivian Democratic Party (MDP) presidential candidates met with President Dr Mohamed Waheed Hassan yesterday and agreed to sign the voter registry and requested a second round if necessary on November 10 to ensure a president elect is determined by the end of the current presidential term on November 11.

The EC issued a statement last night confirming preparations for a second round on November 9. A three hour window for reregistration was given this morning from 9:00 am to 12:00 pm.

MDP’s representative to the EC advisory council Ahmed ‘Saabe’ Shahid said the EC will print a second set of ballot papers will the names of all three candidates for the second round, but the losing candidate’s name will be crossed out at the time of polling.

Official results of the first round are to be announced by 11:30 pm on November 9, Saabe said, adding that November 10 will be declared a public holiday.

Meanwhile, the MDP has now finished signing voter lists at the EC. The PPM and JP will complete signing lists by 3:00 pm today, EC Secretary General Asim Abdul Sattar told Minivan News.

The EC had planned to dispatch voter registry, ballot papers and boxes to the islands this morning, but have been delayed “because the JP is being very slow in signing the lists,” Asim said.

“Although we were able to get the lists to be sent abroad signed and sent abroad, the lists to be sent to the islands are still pending. We had scheduled to send some lists out at 9am and 11 am, but could not as the JP has not finished signing the lists,” Asim added.

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Elections Commission decides to verify all re-registration forms

The Elections Commission (EC) has decided to verify fingerprints on all re-registration forms submitted by citizens wishing to vote outside their home island after the Progressive Party of Maldives (PPM) and Jumhooree Party (JP) disputed the accuracy of the re-registration process.

EC Chair Fuwad Thowfeek told newspaper Haveeru this morning that 41,000 forms were sent to the Department of National Registration last night (November 5) and more would be sent once they were processed. The DNR forwards the forms to the police for fingerprint verification.

More than 71,000 people re-registered to vote elsewhere in the presidential election scheduled for Saturday, November 9.

While the PPM and JP threatened not to sign the lists yesterday, the candidates from both parties agreed to approve the registry following a meeting with President Dr Mohamed Waheed this morning.

The JP had asked the commission last night to verify all 71,000 voter re-registration forms, while the PPM asked for the verification of 6,000 forms in which the party had identified issues.

The Supreme Court, in its verdict annulling the September 7 vote, asked the EC to obtain fingerprints of all voters who wished to register to vote in a location other than their permanent address.

The JP claimed yesterday that they had received information from the DNR that the department had not been able to verify 12,000 fingerprints because the prints were unclear. An additional 3,000 forms had fingerprints that did not belong to the voter, JP alleged.

Thowfeek however told Minivan News yesterday that the DNR had noted problems with only 294 forms.

“But the DNR has not said even these forms are fraudulent. They told us the mismatch might be because the quality of database of fingerprints in their database is low. It may also be possible that the voter had given prints of two different fingers to the DNR and on the reregistration form,” he said.

The EC had called all 294 voters, and all voters have testified to the accuracy of the forms, Fuwad noted. There have been no complaints on reregistered location, he added.

“So I do not understand why the PPM wants us to verify another 6,000 forms. Two of the forms they have asked us to verify are that of two senior EC staff. And these staff have said they have no problems with their forms. So why should the PPM ask for verification? Even if they could point out a problem with 100 forms, they have grounds to complain. But there are no complaints,” Fuwad said.

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PPM and JP threaten not to sign voter registry

The Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) have disputed the accuracy of the re-registration process and threatened not to sign the voter lists as the first round of presidential election – re-scheduled for November 9 – draws near.

At the request of the PPM and JP, the Elections Commission (EC) has already verified fingerprints on a randomly selected sample of 9,152 out of 71,000 voter re-registration forms.

However the JP in a letter tonight has called on the commission to verify all 71,000 voter re-registration forms, while the PPM has asked for the verification of an additional 6000 forms.

The Supreme Court, in its verdict annulling the September 7 vote, asked the EC to obtain fingerprints of all voters who wished to register to vote in a location other than their permanent address.

The apex court also ordered the EC to obtain signatures of all candidates on the voter lists ahead of the election. The police forcibly halted the October 19 election at the eleventh hour after PPM and JP refused to sign the voter lists.

EC President Fuwad Thowfeek has tonight expressed concern over the actions of the two parties and appealed to PPM presidential candidate Abdulla Yameen and JP presidential candidate Gasim Ibrahim to be more responsible.

“I am concerned their candidates may not sign the voter registry. My hope is they will be more responsible. As candidates for the presidency of Maldives, my hope is they would prioritise the country’s interests and allow this election to proceed,” Fuwad told Minivan News.

In a letter to the EC tonight, the JP claimed they had received information from the DNR that the department had not been able to verify 12,000 fingerprints because the prints were unclear. An additional 3000 forms had fingerprints that did not belong to the voter, JP alleged.

However, Fuwad said the DNR had noted problems with only 294 forms. “But the DNR has not said even these forms are fraudulent. They told us the mismatch might be because the quality of database of fingerprints in their database is low. It may also be possible that the voter had given prints of two different fingers to the DNR and on the reregistration form,” he said.

The EC had called all 294 voters, and all voters have testified to the accuracy of the forms, Fuwad noted. There have been no complaints on reregistered location, he added.

“So I do not understand why the PPM wants us to verify another 6000 forms. Two of the forms they have asked us to verify are that of two senior EC staff. And these staff have said they have no problems with their forms. So why should the PPM ask for verification? Even if they could point out a problem with 100 forms, they have grounds to complain. But there are no complaints,” Fuwad said.

The Maldivian Democratic Party (MDP) has noted 0.41 percent errors in the voter registry, but said the party accepts and will sign the voter registry.

In a statement issued today, the MDP noted a decrease of 488 voters in the November 9 voter list as compared to the September 7 voter list. New 2304 ID cards had been added to the new voter registry while 2792 ID cards from the September 7 list had been omitted on the new list. There were 61 repeated names and 1336 individuals who had come of voting age on the list, the party also noted.

“When the 1336 newly eligible voters are subtracted from the new 2304 ID cards that were added to the voter registry of November 2013, there are 968 unverifiable names on the voter list. This is 0.40 percent of eligible voters,” the MDP said.

However, the party accepts and will sign the voter registry as the percentage of irregularities are minor by international standards and as the constitution asks for an elected president by the end of the current presidential term on November 11, the party said.

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Week in review: October 26 – November 1

The biggest headlines in the Maldives this week came out of the People’s Majlis, beginning with the MNDF going into the parliament to block the entrance of two opposition MPs who had been stripped of their seats by the Supreme Court.

After some scuffles, Maldivian Democratic Party (MDP) MP Ali Azim was handed over to police, who subsequently extended his detention to 15 days.

Azim had arrived to take part in the emergency session which eventually passed a motion supporting the transition of presidential power to the speaker of the house should no president-elect be determined by November 11.

After calling on the MNDF to ignore the Supreme Court’s decision to remove Azim and Dhivehi Rayyithunge Party MP Mohamed Nashiz, Speaker Abdulla Shahid took the decision to appoint a serjeant at arms to oversee future security at the Majlis.

The constitutionally protected status of the Majlis premises was used to full advantage by MDP MP Hamid Abdul Ghafoor this week who sought sanctuary from arrest by police who wished to present him in court in relation to drug and alcohol offences.

After threats to try Hamid in absentia, the Criminal Court sentenced him to six months in prison for failure to attend hearings.

The Majlis also found time this week to receive the MVR16.4 billion (US$1 billion) budget for 2014, as well as accepting a bill that would criminalise calling for, endorsing, or taking part in a tourism boycott.

One person not present in the Majlis this week was now-former Attorney General Azima Shukoor, who was removed in a unanimous vote of no-confidence. This day’s proceedings were not without additional incident, however, as mysterious pills – rumoured to be laxatives – were found in a Majlis’ coffee machine.

The week’s events will not have reassured the Secretary General of the Inter-Parliamentary Union, who wrote to Speaker Shahid requesting an urgent visit to the country to assess the situation.

Mandatory excess

MPs were not the only ones feeling persecuted this week, as Supreme Court took aim at MDP aligned broadcaster Raajje TV for allegedly defaming its reputation.  The station – decimated in an arson attack earlier this month – also reported fresh threats against its premises.

The Maldives Media Council and Reporters Without Borders joined station management in arguing that the police were acting outside of their mandate, encroaching upon an investigation that rightly fell within the purview of the broadcasting commission.

Chief Justice Ahmed Faiz warned media outlets that action would be taken against anyone found to be reporting “invalid information, if it relates to courts or judges”.

After levelling similar accusations against the police in relation the delayed election, the Human Rights Commission this week told Minivan News that it felt the police were now attempting to intimidate its staff.

It was the Supreme Court itself, however, that came in for the most stinging criticism this week as UN High Commissioner for Human Rights Navi Pillay launched an offensive on the apex bench, accusing it of “interfering excessively in the Presidential elections”.

After being accused of “subverting the democratic process”, the Chief Justice quickly hit back, labelling Pillay’s comment “irresponsible” and “poorly researched”.

Reputation at stake

The UK’s Foreign and Commonwealth Office also expressed its concern this week that repeated delays to the presidential election could hurt the Maldives’ economy as well as its international reputation – something not helped by an attack on the Indian High Commissioner’s official vehicle.

FCO minister Hugo Swire urged stakeholders to allow the Elections Commission “the space needed” to prepare for the elections – a request not heeded by either the government nor the presidential candidates who pleaded with the EC to move polls forward in order to avoid the impending constitutional void.

The Elections Commissioner responded that an expedited poll was not possible, regardless of any amount of government assistance – not even the police’s new-found ability to verify fingerprints at 25 times its previous speed.

Commissioner Fuwad Thowfeek also revealed that the EC had found at least four of the 18 people deemed dead by the Supreme Court annulment to be alive and “quite fed up”.

MDP candidate Mohamed Nasheed told the press of diplomatic murmurings regarding likely economic sanctions should no new president be found by November 11.

He went on to suggest the way out of the impasse might be for either one of the three candidates to pull out of the  poll, or for the Supreme Court to un-annul the first round – making the November 9 poll a two horse race.

Finally, the World Economic Forum’s gender gap index found the Maldives a mediocre place to be a woman, with the country scoring highly in terms of education and health but falling behind in economic and political parity.

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Pronounced dead: ‘Deceased’ voters found to be alive

When Ahmed Naseem, 48, attempted to verify his information on the voter registry for the new presidential elections scheduled for November 9, he found he had been taken off the list.

The Supreme Court in its verdict annulling the first round of presidential election held on September 7 had deemed him dead and had counted his vote as fraudulent.

“I am saddened and quite fed up. I have been deprived of my right to vote,” Naseem told Minivan News. “Now I have to go to court to regain my identity.”

The Supreme Court annulled the September 7 vote, citing widespread electoral fraud despite unanimous international and domestic praise of a free and fair electoral process.

The apex court claims 5623 ineligible votes were cast – a number that could have altered the narrow margin between the second and third placed candidates.

These votes include votes allegedly cast by 18 dead people, 7 minors, 225 people without authentic identity cards, 773 people with discrepancies in their national identification numbers, 2830 people with discrepancies in their addresses, 952 people with discrepancies in their names, 7 people who did not exist, and 819 people whose national identification numbers were written down wrong by election officials at the time of voting.

Naseem said the Elections Commission had told him he will not be allowed to vote unless he obtains a court document confirming that he is in fact still alive.

“Now, I will not be able to use my identity card for anything,” he said.

Naseem’s wife, Mariyam Zubair, has written to the Supreme Court’s Chief Justice Ahmed Faiz today informing the apex court that her husband is alive.

“The Supreme Court’s verdict no 2013/SC-C/42 has deemed me to be a widow by law,” the letter shared on Twitter said. “I request you to annul [the Supreme Court] decision that my husband is dead and remove my widowhood.”

Back from the dead

Speaking to Maldives Broadcasting Corporation’s Raajje Miadhu (Maldives Today) program, EC President Fuwad Thowfeek said the commission had discovered that at least four of the eighteen people deemed to be dead in the Supreme Court verdict were in fact alive.

In addition to Naseem, the EC had found that Mohamed Ahmed of Addu Atoll Maradhoo Island, Fathmath Didi of Addu Atoll Hithadhoo Island and Khadeeja Gasim of Laamu Atoll Fonadhoo Island were alive.

“Like this, many people who are alive and had voted have been deemed by the Supreme court as votes cast by dead people, and based on that, they have annulled the election,” Fuwad said.

The EC and the Human Rights Commission have criticized the evidence used by the Supreme Court to annul the vote.

In an interview on October 19, Fuwad suggested the Supreme Court was disenfranchising individuals by invalidating votes of those who had address or name mismatches between their identity cards and the voter registry.

“For example, a person called Mohamed Waheed Hassan, may have his name on ID card as Mohamed Waheed. When we gave him the right to vote, they counted it as a fraudulent vote. But the ID card number, address, date of birth and photo is the same … We know it is the same person, the date of birth is exact, the ID card number is the same, photo shows it is the right person,” said Fuwad.

“When we give these people the right to vote, [the Supreme Court] has said that is giving the right to vote to a person who doesn’t have the right to vote,” Fuwad said.

The HRCM, in a leaked report, conducted an analysis of the Supreme Court’s evidence, finding only 1033 of the 5623 votes could be considered irregular.

The commission said the EC may have given 952 individuals with differences in the spelling of their names the right to vote to ensure an eligible voter is not disenfranchised, especially in cases where all other information and picture on the identification documents match.

Further, the commission notes that the 2830 cases of address mismatch should only be counted as evidence if any individual has used the discrepancy to violate another person’s right to vote.

“We do not believe address mismatches can influence the result of this election as this is not constituency specific,” the report said.

Dissenting judges in the Supreme Court verdict said it is the High Court, not the Supreme Court who has jurisdiction over the case. Further, Chief Justice Ahmed Faiz and Justice Abdulla Areef only noted 473 cases of possible fraud.

A new presidential election has been set for November 9. The Supreme Court ordered the EC to discard its voter registry and compile a new one based on the Department of National Registration’s database.

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EC grants opportunity for parties to review re-registration forms

Elections Commission (EC) President Fuwad Thowfeek has described the differing responses the commission has received to the opportunity political parties have been given to review voter re-registration forms.

Concerns over the voter registry resulted in the failure of the Progressive Party of Maldives (PPM) and Jumhooree Party (JP) candidates to sign the lists prior to the vote scheduled for October 19, prompting the police to block polling.

The election has been re-scheduled for November 9.

Representatives have been granted access to the forms from yesterday (October 28), but EC officials have suggested that some parties had failed to take full advantage.

All parties, however, have today assured Minivan News that they are using the review period to maximum effect.

Whilst the PPM is working “very enthusiastically” on reviewing forms – with four or five representatives present at all assigned times -Thowfeek reported that the JP had only sent one person, with a separate EC official revealing the party had failed to send anyone to this morning’s session.

“MDP [Maldivian Democratic Party] said from the start that they are not too concerned about checking the forms, and said that they will however send representatives if the other parties are doing the same. They haven’t really submitted any complaints either,” said Thowfeek.

The MDP was the only party to have signed the lists prior to the delayed vote.

An official from the EC said that the opportunity for reviewing forms has been given to the parties since yesterday, with the allocated times being from 9am to 12pm, 2pm to 5pm, and 8pm to 10pm.

While the forms are scheduled to be sent to the Department of National Registration for fingerprint verification by November 3, the official said the EC has not yet fixed a deadline for the review process, noting that some parties had requested an extension.

Political party responses

JP Secretary General Hassan Shah today assured that the party is “taking complete use of the opportunity”.

“Since we can send in five representatives at a time, we are doing that. Even today, we sent a full team from 2pm to 5pm. We’ll do the same at 8pm tonight. In the morning because of some work, we were able to send one representative. Sometimes there might be one or two, but if possible we send all five,” he said.

“I can however tell you that the representatives who are going there to review the forms have informed us of numerous problems in the form. They have said there are forms where the signatures of the person wishing to be re-registered and the witnesses have signatures which are similar, the fingerprints are unclear or imperfect and copies of the identity cards are unclear,” he said.

Shah was unable to say how many forms the team had gone through, and what quantity or percentage of the reviewed forms were noticed as having problems.

“I can say though that there are a lot of problems,” he said, adding that the team were bringing these issues to the attention of the EC.

Ahmed Tholal, former Director General of the EC, who is currently heading the PPM’s reviewing process told Minivan News that the party was sending full teams at all allocated times to carry out the process as directed by the EC.

“I cannot say for sure how many forms with problems that our team has come across so far, however there certainly are some issues. We’ll know to say for sure once we have completed reviewing all the forms,” he said.

Meanwhile, MDP Deputy Secretary General Ahmed Akram said that his party was also ensuring it sends full teams to review the forms.

“We have reviewed 7,500 forms so far and have not come across any issues of concern,” he said.

“MDP will complete it by whichever deadline the EC decides upon, as we believe that election related matters must be decided on by the Elections Commission, and not the courts,” Akram stated.

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Leaked HRCM report questions Supreme Court’s election annulment

A leaked Human Rights Commission (HRCM) report obtained by Minivan News has questioned the credibility of the evidence used by the Supreme Court to annul the first round of presidential polls held on September 7.

It also says that the apex court does not have the authority to delineate guidelines for a re-vote.

The document suggests that the 16 guidelines compromise the independence of the Elections Commission (EC) by involving various state institutions and candidates in the conducting, managing, and facilitating of the elections.

A member of the HRCM has confirmed that the organization carried out an analysis of the Supreme Court verdict, but declined to comment on the report’s authenticity.

The court annulled the September 7 polls, claiming 5641 cases of fraudulent votes – a number that could have altered the election result due to the 2677 vote margin between the second and third placed candidates.

However, the HRCM’s analysis of the 5641 cases show only 1033 votes could be considered irregular.

“The commission does not believe this is a number than can affect the elections results,” the report stated.

The document also noted the Supreme Court is tasked with administration of justice and the People’s Majlis with law making powers, and as such the Supreme Court did not have the authority to compile guidelines on electoral conduct.

“We note that the Supreme Court’s guidelines include obligations that are not present in General Elections Act (No 11/2008) and Presidential Elections Act (No 12/2008) and we believe the Supreme Court does not have the jurisdiction [to issue new obligations],” the report said.

The police halted the Supreme Court ordered re-vote on October 19, saying they would not support the election after the Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) had refused to approve the voter registry.

Irregular votes

The four judges making the majority decision contended that 5641 irregular votes were cast. According to the verdict, these included:

  • 773 people with discrepancies in their national identification numbers
  • 18 dead people
  • 7 minors
  • 225 people without national identification numbers
  • Three people who voted twice
  • 2830 people with discrepancies in their addresses
  • 952 people with discrepancies in their names
  • 7 people who were not registered in the Department of National Registration’s (DNR) database
  • 819 people whose national identification numbers had been written down incorrectly by elections officials at the time of voting

In the HRCM’s analysis, only 1033 of the 5641 votes could be considered irregular – a figure which addressed:

  • The seven people whose names were added to the voter registry by pen may have been to ensure an eligible voter was given the right to vote despite not being on the voter registry
  • 3 repeated votes for which the report said it was unclear how many times these people voted and hence, incomplete information should not be used in a verdict
  • 2830 address mismatches: “We do not believe address mismatches can influence the result of this election as this is not constituency specific,” the report said and noted that such information should be used in a verdict only if the individual has used this mismatch to violate another’s right to vote or used the information for undue benefit
  • 952 name mismatches which may have been used to ensure that an eligible voter is not disenfranchised, especially if the voter is given the right to vote when all other information and picture on the identity card matches the person who comes to vote
  • 819 people whose national identification numbers had been written down wrong by elections officials at the time of voting: this may be a human errors and can be crosschecked at the time of voting

The report states that the remaining 1033 cases of irregular votes does not change the outcome of the election.

In contrast to majority four judges, Chief Justice Ahmed Faiz and Judge Abdulla Areef found only 473 instances of irregular votes. The two judges said the amount was not enough to invalidate entire election. In case of fraudulent votes, only the result in a specific geographic location can be annulled, not the entire election, the judges said.

The two judges also argued jurisdiction in the matter lies with the High Court, not the Supreme Court.

Guidelines

The HRCM report noted that the Supreme Court guidelines included obligations that are not included in the election laws.

These include obtaining candidate’s signatures on the voter registry, obtaining candidate’s approval for all elections officials active in the polling booths on polling day, and the prohibition on the use of files, phones, handbags or any item that may infringe upon a candidate’s rights.

The EC may find it difficult to implement the guidelines, as they do not state what the commission must do in the event candidates refuse to vet elections officials or sign the registry, the report said.

“Further, the prohibition on the use of phones and files inside the polling booth obstructs the duties of observers, candidate’s representatives and monitors as per article 41, 42 and 43 of the General Elections Act,” the report said.

The Supreme Court also ordered the EC to ensure, along with “relevant authorities” that acts which violate this guideline do not take place. However, the HRCM report notes that the relevant authorities are not defined and hence, “it is not clear what various state institution’s roles are in elections and may create additional issues.”

The HRCM report appears to foreshadow the difficulties the EC was to face in conducting the poll on October 19. On the eve of elections, the PPM and JP refused to sign the voter registry demanding that the EC verify a sample of fingerprinted re-registration forms.

The EC said it did not have the capacity or time to crosscheck fingerprints.

With the PPM and JP refusing to approve the voter registry, the police – mandated by the court to oversee security of ballot papers and boxes – refused to transport materials to polling stations. An hour before polls opened, the police stopped EC officials from leaving the commission’s headquarters with any documents relating to the vote.

The commission yesterday released a statement arguing that the police’s blocking of the vote contravened the constitution, the Police Act, and the Elections Act.

The EC also accused the police of obstructing vote, questioning their mandate to do so. The guidelines only ask police to oversee security of ballot boxes in transit, the EC said.

“The Supreme Court 16 guidelines delineated in the verdict are restrictions. These are locks, blocks. With those locks, it will be very difficult for us to hold elections,” EC President Fuwad Thowfeek has said in an interview to Maldives Broadcasting Commission (MBC).

“But if we could hold an election according to the constitution, elections laws and presidential elections laws, we will be able to hold a free election.”

After cancellation of polls on Saturday, the government, following international pressure appealed again for an early election date. The EC set a new presidential poll date for November 9, and if necessary a second round on November 16.

Speaking to the press yesterday, Thowfeek has said he hopes the government finds a solution to the Supreme Court’s restrictions in the future.

“Otherwise, holding elections will become impossible and that affects the most fundamental [right] in a democracy,” Thowfeek said. Further, failure of candidates or any other state institution to do what they must to should not affect the citizenry’s right to vote, he added.

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