Gayoom labels MDP revolution motion illegal

Former President Maumoon Abdul Gayoom has labelled the motion passed by the Maldivian Democratic Party (MDP) to overthrow the government through a revolution as a “criminal offence”.

Speaking to reporters at a ceremony held at the Progressive Party of Maldives’s (PPM) office, Gayoom – who is the interim President of PPM – insisted that the MDP would not be successful in overthrowing the present government.

“The constitution in any country won’t permit a government to be overthrown from the street. Even in the US, UK, France or India such a thing won’t be allowed, so it is a dangerous notion. In truth they have committed a criminal offence,” Gayoom was quoted as saying by the Haveeru news service.

According to Gayoom, the MDP’s announcement to commit the offence must carry the due penalty, stressing that the idea to bring about a revolution cannot be entertained.

“It is in offence to even speak of such a thing,” he added.

The MDP has insisted that the government of former President Mohamed Nasheed had been removed through a “coup d’etat” on February 7. However, Gayoom denounced these claims, adding that the then President, Mohamed Nasheed had resigned of his own free will.

“He wasn’t taken to a place, tied up and forced. He went home after resigning on television, in front of the people. That does not to constitute to overthrowing a government from the street,” he explained.

The ex-President further said that based on the present political environment in the Maldives “there were no means or chance” to bring about a revolution.

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Former President Nasheed arrested in morning raid

Additional reporting by Mariyath Mohamed

Masked police in gas masks and riot gear have stormed a house on Fares-Mathoda in Gaaf Dhaal Atoll and taken former President Mohamed Nasheed into custody.

The arrest follows the Hulhumale Magistrate Court yesterday issuing a warrant for Nasheed’s arrest and presentation in court on Tuesday October 9.

Maldivian Democratic Party (MDP) MPs Imthiyaz Fahmy and Ilyas Labeeb were also taken into custody, along with former Minister of Environment Mohamed Aslam.

An MDP source on the island told Minivan News the three were not arrested but had accompanied Nasheed voluntarily.

“They did not want to let him be taken alone,” said the source, claiming that 50 police were involved in the operation to break down the door and take the country’s first democratically-elected President into custody.

MDP Chairperson Reeko Moosa Manik said police broke down the door of the house and pepper sprayed the former President.

“Everybody was masked and in riot gear, and we couldn’t identify any of the police officers,” Moosa said.

Police Sub-Inspector Hassan Haneef confirmed that Nasheed would be returned to Male’ where he will be presented in court tomorrow.

Haneef said that Nasheed had been taken at around 9:45am.

“There was no trouble. Nasheed was very cooperative,” Haneef said, but was unable to confirm whether police had used pepper spray.

President’s Office Spokesperson Abbas Adil Riza tweeted on October 5 that “After Tuesday morning either you are with us or with the enemy. There is no negotiation or middle ground after Tuesday,” however Minivan News is trying to confirm whether Riza was referring to the trial of Nasheed or last week’s murder of Progressive Party of the Maldives (PPM), Dr Afrasheem Ali.

Riza was not responding at time of press. However President’s Office Media Secretary Masood Imad told Minivan News that the government had not been contacted by any foreign governments or international organisations expressing concern over the detention of the former President.

“We have asked the Maldives Police Service to notify media of any developments.  The President’s Office wishes to stay clear of this matter,” he said. “We know as much as the [media] about developments right now.”
Masood added that he had been informed that despite allegations raised by the MDP concerning alleged use of excessive force to seize the former president, police authorities had said insisted that officers had acted with restraint.
“I’m told [Nasheed] asked for a box of cigarettes, a request that [officers] granted.  He was given Benson and Hedges as I understand,” Masood said.

Charges against Nasheed

The issuing of the warrant – exactly seven months after Nasheed’s ousting – follows his defiance of a court-ordered travel ban outside the capital Male’, and two court summons.

The MDP has disputed the legitimacy of the Hulhumale court and three-member panel of judges appointed to oversee the proceedings, and sought to appeal in the High Court.

The party today called on the Supreme Court to declare the Hulhumale Court illegitimate, and announced its intention to launch protests.

The specific charge against the former President concerns his detention of Chief Judge of the Criminal Court, Abdulla Mohamed, during his final days in office.

Nasheed’s government justified the judge’s detention on the basis of national security, claiming he had “taken the entire criminal justice system in his fist”, and that the institutions mandated with keeping the judiciary accountable – the Judicial Services Commission (JSC) and Parliament’s Independent Commissions Committee – were politically manipulated by the former regime.

The state alleges that Nasheed violated Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

If found guilty, Nasheed will face a jail sentence or banishment for three years or a MVR 3000 (US$193.5) fine, a sentence that would bar him from contesting future elections.

Former Minister of Defence Tholhath Ibrahim Kaleyfaan, Maldives National Defence Force (MNDF) Colonel Mohamed Ziyad, former Chief of Defence Moosa Ali Jaleel and MNDF Southern Commander Brigadier-General Ibrahim Mohamed Didi also face charges.

Nasheed and his Maldivian Democratic Party (MDP) reacted last week by rejecting the authority of the country’s lower courts, contending that the trial was a politically-motivated attempt to prevent Nasheed from running in the 2013 Presidential election.

The MDP said yesterday that the party was “deeply disturbed and worried” about the decision to arrest the party’s presidential candidate, “and produce him to a widely disputed court.”

“The MDP notes with grave concern the state proceeds to prosecute President Nasheed while the UNHRC, ICJ, CoNI report, Amnesty International, FIDH, other leading human rights groups and our bilateral partners have expressed deep concerns over the independence and competence of the Maldivian judiciary,” the party said.

“We are currently on presidential campaign trail by boats in the Southern atolls. This trip has been organized for months and immediately after the dates of the trip were announced, the courts decided to summon our candidate to a court that is unlawfully established. Leading experts and lawyers have questioned the legitimacy of this court,” MDP spokesperson Hamid Abdul Ghafoor.

“This is not about justice. This is a politically motivated trial to invalidate our candidate’s candidacy and to deliberately disrupt the MDP’s presidential campaign. We are in the largest voting centers and it is very clear who will win the elections. They can only win the elections by invalidating his candidacy. We are deeply disturbed by the developing situation. We do not believe he will have a fair trial,” said Ghafoor.

Return to prison

Nasheed became the Maldives’ first democratically elected President in 2008, ending the 30 year rule of Maumoon Abdul Gayoom, Asia’s longest serving leader.

Under Gayoom’s rule Nasheed spent 18 months in jail, including long periods in solitary confinement, and was declared an Amnesty prisoner of conscience.

He resigned from office on February 7 after police and military officers joined forces with opposition demonstrators and assaulted the country’s military headquarters and state broadcaster. Leadership passed to his Vice President, Dr Mohamed Waheed Hassan.

A Commonwealth-backed domestic inquiry in August concluded that the transfer of power was legitimate, however the MDP alleged key testimonies were overlooked and evidence dismissed.

The controversial transfer of power has resulted in months of political instability and a growing culture of violence and impunity in the Maldives, more famous for its upmarket tourist resorts and celebrity clientele.

A moderate Islamic scholar and MP of the government-aligned Progressive Party of the Maldives (PPM), Dr Afrasheem Ali, was stabbed to death outside his home on October 1, the country’s 10th murder this year.

Nasheed arrest follows the resignation yesterday of Head of the Police Integrity Commission (PIC) Shahinda Ismail, citing “major differences in opinion” with other PIC members.

A PIC report into police brutality during the February 8 crackdown contained contradictory findings, alleging that police action was justified by destruction of property. However Commissioner Shahinda disavowed the finding and stated that the police action was against the law as there was no evidence of illegal activity by demonstrators.

Shahinda’s husband, Deputy Prosecutor General Hussain Shameen, also resigned, claiming he was going to study for his masters in the UK.

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“Maldives backtracking on democracy”: International Federation for Human Rights

The International Federation for Human Rights (FIDH) yesterday released its report into human rights in the Maldives, titled “From Sunrise to Sunset: Maldives backtracking on democracy”.

In a statement accompanying the report’s release, the group stated that it had witnessed a deterioration in the freedom of assembly and the freedom of the press as well as the “influence of radical groups detrimental to women’s rights”.

“The appointment of close allies of the former dictator Gayoom the new administration these past months, is another worrying sign that questions the respect for democratic principles and the rule of law in the country,” read the statement.

FIDH arranged a fact finding mission to the Maldives at the end of July, meeting with politicians, activists, civil society members and journalists.

The Paris-based group’s President Souhayr Belhassen called on the government to respect democratic gains made in the country, particularly implementing the recommendations of the Commission of National Inquiry (CNI) and strengthening independent institutions.

The CNI’s final report, whilst absolving the current government of any wrong-doing during February’s transfer of power, acknowledged that the police had been guilty of acts of brutality on February 8 which must be investigated.

The FIDH report describes how the past decade’s democratic reforms have stalled owing to political polarisation and institutional inertia.

“The 2008 constitution guarantees most of Maldives’ human rights obligations; however these have so far failed to be translated into domestic law,” it says.

It also suggests that the failure of the Nasheed administration to prosecute past human rights offenders has contributed to a “culture of impunity for perpetrators of past human rights violations.”

Civil society that was “flourishing and vocal during the democratic struggle became less visible during the presidency of Mohamed Nasheed”, says the report, arguing that it had become another casualty of the polarised environment.

The report detials the difficulties the country has had with separating the powers of the executive, the legislature and the judiciary which had previously been dominated by former President Gayoom.

“Tensions with the judiciary and the opposition-dominated parliament, led [Nasheed] to take unilateral decisions that exceeded his prerogatives, such as ordering the arrest of opposition leaders and a judge without following due process, or by declaring the Supreme Court defunct. Since Mohamed Waheed took over power, executive interference has continued,” read the report.

Regarding the state of the judiciary, FIDH argues that testimonies gathered from its members show that, “under the successive administrations, no political party has actually ever shown any willingness to establish an independent judiciary since each seems to benefit from the existing system.”

FIDH also notes that the government of President Mohamed Waheed Hassan has been accused of a wide range of human right violations, including violent harassment of street protesters, torture and harassment of pro-opposition media as wells as legal and physical harassment of the opposition.

“Practices to silence political dissent that had disappeared in the course of Nasheed’s presidency, have once again become prevalent under Mohamed Waheed’s presidency,” said FIDH.

The report highlights what it sees as impartial investigations of crimes, citing in particular the attempted murder of blogger Ismail ‘Hilath’ Rasheed.

The issue of the use of religion for political gains is criticised in the report: “The exploitation of religion for political gains has posed a threat to the drafting of new legislations by potentially limiting existing human rights.”

FIDH also expressed its concerns that tentative gains in women’s rights, as typified by the recent domestic violence bill, could be reversed if government aligned religious groups push for full implementation of Sharia law.

The report also criticises the apparent enthusiasm amongst politicians for implementation of the death penalty, saying: “With the current state of the judiciary and the incapacity of the police to properly investigate crimes, analysts fear judicial errors would result in the death of innocent people.”

In its recommendations to the Maldives government, FIDH urges the Maldives to remove from the domestic legal framework provisions that restrict individual right based on “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other statu” to conform with the International Covenant on Civil and Political Rights (ICCPR).

Amongst its other recommendations, the report urges the government to strengthen independent institutions, to enact relevant legislation which will enable the country to fulfil its human rights obligations  and to order a thorough investigation into the attack on ‘Hilath’ Rasheed.

“The situation remains at the time of release of this report relatively confused and uncertain,” concludes the report, “however, the coming weeks will be crucial to test the Government’s ability and willingness to prevent further acts of police brutality and, in general, a deterioration of the human rights situation.”

FIDH’s report follows the release of an Amnesty International report last week which highlighted a number of politically motivated attacks by police on February 8.

Following the government’s claims that Amnesty had produced a one-sided report without seeking comment from the government, an Amnesty spokesperson stressed that the organisation was without political affiliation and had not been the only group to highlight human rights violations in the Maldives this year.

“In compiling our report we talked at length with government and police officials in Malé and Addu during our visit to the country in late February and early March. On the occasions they responded we have included their comments in our documents,” said the spokesperson.

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The Maldives’ foreign relations and the CNI

“It was just a week ago that Maldivian President Dr Mohamed Waheed was in Colombo, meeting diplomats, businesspeople and the media on a mission to strengthen the existing friendly relations between Sri Lanka and the Maldives,” writes Lasanda Kurukulasuriya for Sri Lanka’s Sunday Times.

“The visit came just days ahead of the release of a report by a commission appointed to investigate the controversial circumstances in which he, as deputy to former president Mohamed Nasheed, assumed office as President of the Maldives in February.”

“The travel destinations of the Maldivian political leaders (past and present) point to their keen awareness of the geostrategic imperatives in the region. For the small Indian Ocean archipelago these considerations dictate that the support and goodwill of its close South Asian neighbours need to be maintained, whilst simultaneously fostering good relations with China.”

“President Waheed when he visited in May sought to reassure Delhi that ‘China will not replace India.’ But the Maldives, just like others, wants to develop trade links with the economic powerhouse.”

Read more

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Gayoom’s half-brother acquitted of three-year old corruption charges

The Criminal Court on Thursday morning acquitted Abdulla Algeen Abdul Gayoom, half-brother of former President Maumoon Abdul Gayoom, of corruption charges more than three years after the trial began.

Algeen, younger brother of MP Abdulla Yameen, was accused of embezzling US$177,460 of Japanese funding from the Department of Meteorology (DOM), where he was the Director.

Algeen allegedly sent three separate invoices to the Japan Agency for Marine-Earth Science and Technology (JAMSTEC) between May 2006 and April 2007 on behalf of DOM.

All three invoices demanded payment to Algeen’s personal Bank of Maldives account.

In the verdict (Dhivehi) acquitting Algeen today, Judge Abdulla Didi ruled that the state could not prove that the money in question was owed by JAMSTEC to the government.

History

The first hearing of the corruption case was held on June 9, 2009 with Chief Judge Abdulla Mohamed presiding. The second hearing took place over a year later on July 1, 2010.

Newspaper Haveeru reported on March 4 this year that the case was further delayed after the presiding judge was changed for a third time.

After the case changed hands from Judge Abdulla Mohamed to Judge Zubair Mohamed, it ended up with Judge Abdulla Didi, who held his first hearing of the case on March 4.

The local daily reported the judge as saying that although the trial had been completed and witnesses heard, he wished to hear the case again as there were certain points to clear up.

Prior to Judge Didi restarting the case, the last hearing was held on October 19, 2011 where the trial was concluded with closing statements.

Concluding the new hearings on April 11, 2012, Judge Didi had said he would issue a verdict in two weeks.

The case against Algeen

In August 2007, Minivan News reported leaked documents showing JAMSTEC was funding a two year DOM research project into the oceanography and meteorology of the Indian Ocean.

In a Memorandum of Understanding signed in early May 2006, JAMSTEC agreed to meet “all expenses incurred in connection” with the project.

Later that month an agreement was signed requiring JAMSTEC to transfer $92,000 dollars to the DOM. In April 2007, the agreement was renewed for a year, with a payment of $70,000 required.

Both the 2006 and 2007 agreements require JAMSTEC to transfer money to a “bank account… designated by DOM.”

Algeen was the sole signatory on behalf of DOM for both agreements.

He issued the $92,000 dollar invoice on May 22, three days after signing the 2006 agreement, and the $70,000 dollar invoice on April 8, 2007, the same day he signed the 2007 agreement. A third invoice for a balance amount of $13,248.34 was issued on 22 December, 2006.

All three invoices were issued on DOM letterheads and the two most recent had Government of Maldives stamps. The bank account quoted was Algeen’s personal one.

“Wiping the slate clean”

Following the controversial transfer of power on February 7, the Criminal Court dismissed corruption charges against Deputy Speaker of Parliament Ahmed Nazim and Eydhafushi MP Ahmed ‘Redwave’ Saleem.

On February 20, the Criminal Court ruled that Nazim could not be prosecuted on charges of defrauding the now-defunct Ministry of Atolls Development, in the purchase of 220 harbour lights worth MVR1.95 million (US$126,000) in 2004.

Nazim, leader of the People Alliance (PA), along with MP Ahmed ‘Redwave’ Saleem (then-finance director at the ministry) and Abdullah Hameed, former Atolls Minister and half brother of Gayoom were charged in late 2009 on multiple counts of conspiracy to defraud the Atolls Ministry.

Eight days after Nazim’s case was dismissed, the Criminal Court acquitted MP Saleem – now a member of former President Gayoom’s Progressive Party of Maldives (PPM) – of involvement in the scam.

Following the verdict, the formerly ruling Maldivian Democratic Party (MDP) accused President Mohamed Waheed Hassan Manik of being controlled by supporters of former President Gayoom, who were “intent on purging the People’s Majlis of MDP MPs and MDP-leaning MPs in order to secure a controlling majority.”

“Recent days have seen cases against three MDP-supporting MPs fast-tracked in order to disqualify them from parliament while serious corruption charges have been dropped for opposition leaning MPs,” the party said in a statement, noting that MP Saleem’s case had been “unreasonably delayed in the court process since 2009.”

On February 20, the Supreme Court in a 4-3 ruling disqualified MDP MP for Thimarafushi constituency, Mohamed Musthafa over a decreed debt and stripped him of his seat.

“While in government, MDP consistently maintained that key parts of the judiciary are in the hands of the supporters of former President Gayoom. Now we are seeing the truth of that claim. Dr Waheed regime is using the courts to settle old scores, to reduce MDP’s parliamentary majority and to wipe the slate clean for government supporters,” MDP spokesperson Hamid Abdul Ghafoor said at the time.

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MDP suspends demonstrations to “facilitate meaningful dialogue”

The Maldivian Democratic Party (MDP) yesterday announced it would be suspending its anti-government protests and demonstrations in a bid to open dialogue with the government in the closing weeks of Ramadan.

In a press release, party spokesman Hamid Abdul Ghafoor stated that the demonstrations would be halted in order to “facilitate meaningful political dialogue to end the political crisis the country faces.”

“The MDP strongly believes unless there is political dialogue and agreement at a political level, the Maldives will not be able to come out of the current political crisis. In this regard, the MDP decides to halt its demonstrations to sincerely re-assure its commitment to meaningful dialogue,” read the statement.

Whilst Minivan News was today unable to elicit a response from the President’s Office, the office’s spokesman Abbas Adil Riza has expressed his scepticism in the local media.

“Though MDP tells the media that they’ve stopped their direct action protests – considering the actions of the party’s members, it’s hard to trust them. There’s a lot of intimidation,” Abbas told Haveeru.

“They’re attacking the vehicles belonging to ministers, harassing their families, disrespecting mosques, so the government needs assurance that the harassing will stop. We need to see it happen from their actions,” he continued.

The protests have been almost continuous since the resignation of President Mohamed Nasheed on February 7 – a resignation the party continue to allege was forced.

February 8 saw clashes between Nasheed’s supporters and the police, whose mutiny had brought to the boil what had been a simmering political crisis.

Tensions were heightened once more last month as the MDP embarked on a campaign of protests on Chaandanhee Magu in the political and military heart of the capital. More clashes with the police resulted in multiple arrests and injuries which, again, provoked international consternation.

The persistent activities of the anti-government activists have regularly been cited as an impediment to high-level political dialogue.

Following the tense exchanges on Chaandanhee Magu, President Waheed stated that he would not engage in discussions with the MDP whilst it continued to back street protests.

Chances for dialogue?

The most prominent vehicle for dialogue since late February has been the all-party ‘roadmap’ talks initiated by current President Dr Mohamed Waheed Hassan with the backing of Indian diplomats and United Nations mediators.

After a series of failed attempts to define a mutually acceptable agenda for the discussions, six points were agreed upon in May to be dealt with in consequential order.

The MDP’s protests since February have focussed predominantly on calls for early presidential elections. The discussion of a date for these elections was agreed upon as the last of the six points to be discussed in the roadmap negotiations.

The first of these points – public order and stability – resulted in a 30-point list of demands being presented to the MDP delegates by pro-government parties during the talks at Bandos Island Resort in June.

These demands, which included calls for the MDP to desist from using “black magic” and “erotic tools”, were deemed by the MDP to be indicative of the coalition’s lack of seriousness in progressing through the agreed agenda.

In yesterday’s statement, Ghafoor described some of these points as “plainly farcical”.

“We are committed to ensure an environment conducive to hold political talks at the highest level. Therefore, today, the MDP National Executive Committee decided unilaterally to halt the demonstrations. We hope leaders of political parties take this time to seriously engage in dialogue”.

In a further attempt to expedite progressive talks between political groups in the country, Nasheed last month offered an apology to former President Gayoom for accusing the 30-year ruler of orchestrating a coup d’etat.

Gayoom, leader of the parliament’s second largest party, the Progressive Party of Maldives (PPM), had stated that he would be unwilling to sit down and negotiate with a man who made such accusations.

The roadmap talks have formed one half of a two-pronged approach to resolving the political crisis in the Maldives. The Commission of National Inquiry (CNI), after much coaxing from the international community, was established to conduct an investigation into the events up to and including Nasheed’s resignation.

The Commission is expected to conclude its investigations by August 31 after having received testimony from a reported 244 people, including President Waheed himself.

Abbas told Sun Online that he expected the MDP would merely halt its current activities in order to prepare for a mass protest on the day the CNI report is published.

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“Come clean” on Grant Thorton’s US$10 million penalty fee, MDP tells AG Shakoor

The Maldivian Democratic Party (MDP) has asked Attorney-General Azima Shakoor to “come clean” over a US$10 million invoice from accountancy group Grant Thorton, contending that the charge was a result of the present government prematurely terminating its investigation.

In a statement released today, the MDP contested claims made by Attorney General Shakoor to local news outlets that her office received two invoices totalling US$358,000 and £4.6 million from Grant Thorton. Shakoor claimed that the charges were for legal advice provided to the MDP government, for which it had not even received a report.

She made the comments at a press conference held on Sunday after documents were leaked revealing that President Dr Mohamed Waheed’s government spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General, Baroness Patricia Scotland, prompting opposition criticism against the spending.

She said similar legal advice had  been sought previously and specifically pointed out the Grant Thorton agreement.

The ousted former President Mohamed Nasheed tasked the UK-based accountancy group to uncover large amounts of state funds allegedly embezzled during Former President Maumoon Abdul Gayoom’s 30 year-old rule, several of which were flagged in the state’s audit reports.

Attacking the attorney general’s claims, the MDP claimed that the terms of engagement contracted with the UK forensic investigators was “not on a contingent fee basis” and instead, government had agreed to pay the fee as a percentage of the proceeds of the stolen assets that were recovered.

“This type of fee was used because a fee-paying engagement would have been too expensive,” the MDP contended.  “However, given that the firm was not charging any fees, the engagement letter that was signed between the GOM and GT included a penalty clause in the event the investigation was unreasonably stopped by the government.”

Under these circumstances, the party said, the penalty would include retroactive charges for the work done by the GT but also a fine for not proceeding towards a full recovery.

“Thus the invoice for the penalty fees was submitted to the government last month when the government decided to close the investigation rather than continue with the criminal and civil complaints that had been lodged in Singapore Courts,” the statement reads.

The MDP also contended the US$10 million penalty was a “small price” to pay in order to suspend the civil and criminal proceedings reportedly underway in Singapore over a suspected illegal oil trade worth US$800 million, which was allegedly undertaken by Abdulla Yameen – Gayoom’s half-brother – while he was the head of state-owned State Trading Organisation (STO). The scheme was alleged to involve the purchase of subsidised oil through the STO in Singapore, which was sold on through an entity called ‘Mocom Trading’ to the Burmese military junta, at a black market premium.

Yameen however has denied these allegations.

Nasheed’s Presidential Commission on corruption, which had been charged with investigating the STO case was disbanded – one of incoming President Dr Mohamed Waheed Hassan’s first acts in power.

Meanwhile, MDPs spokesperson for international affairs has also pointed out that Grant Thorton’s investigators have not submitted a full report because they might decide to litigate in UK courts to recover the US$10 million in penalty fees.

“I believe that GT has not submitted a full report on what it uncovered in stolen assets by the members of the dictatorship because they might want to litigate in UK courts to recover the penalty fees. Clearly, the work undertaken by GT revealed the illegal monies embezzled through the Mocom scam and the existence of secret offshore companies owned by members of the former dictatorship,” Hamid Abdul Ghafoor said in the statement.

“A criminal complaint was ready for filing in Singapore courts in February when the coup d’etat intervened,” he added, alleging that: “the old boys are back in power and the money swindling operations are ready to take off again.”

Following the controversial transfer of power on February 7, 2012 that saw the ousting of President Nasheed’s government, the case fell silent – despite the matter having been forwarded to the Prosecutor General’s office a week earlier, according to MDP.

However, the Prosecutor General Office confirmed the office had not received the illegal oil trade case for prosecution from the former government and therefore no one had been charged.

Attorney General Shakoor was not responding to calls at time of press.

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Court fines Shafeeg for defaming Gayoom by publishing book on torture during his rule

Local historian Ahmed Shafeeg has been ordered to pay up to MVR 5000 (US$324) in compensation after the Civil Court on Tuesday found him guilty of defaming former President Mamoon Abdul Gayoom.

Gayoom sued Shafeeg for politically-motivated slander over a book he released in 2010,  in which he claimed that 111 Maldivian citizens were held in custody and tortured under Gayoom’s administration.

The judge ruled in favor of Gayoom in the absence of Shafeeg, noting that the defendant had failed to present himself or a representative to the hearings despite the multiple court summons and attempts by the police to bring him to he court.

Shafeeg has to pay up to MVR 5000 withing one month from the date of the ruling, as a compensation for the damages caused to Gayoom’s character, according to the court.

Chronicles of torture

Shafeeg, now 83, was held in solitary confinement for 83 days in 1995 together with three other writers, including Hassan Ahmed Maniku, Ali Moosa Didi and Mohamed Latheef.

Shafeeg contends that 50 of his diaries containing evidence relating to the deaths of the 111 Maldivians were confiscated during a raid by 15 armed men. He was ultimately released by Gayoom with without charge, and was told by the investigating officer to write a letter of appreciation to the then-President for the pardon.

During the launch of Shafeeg’s book, titled “A Day in the Life of Ahmed Shafeeg”, then-President Mohamed Nasheed observed that he knew the events chronicled by Shafeeg very well.

“Back then, from 1989 and 1990 onward, I spent a very long time – three years in total – in jail. Of that I spent 18 months in solitary confinement, and nine of those months in the tin cell,” he said.

All Maldivian rulers had employed fear to govern, Nasheed said, and he had always believed that Gayoom had him arrested and tortured to serve as a cautionary tale as the former president and his senior officials were already aware of the intent of “a whole generation” to topple his government since the early 80s.

“So the decision to put me through every imaginable torture in the world from the very beginning as an example to all those people was made, in my view, not because of any animosity President Maumoon had towards me personally,” Nasheed said.

He added that Gayoom alone could not be blamed for all the human rights abuses that occurred under his watch.

Nasheed meanwhile also described Gayoom’s decision to take legal action against the historian Shafeeg, who has lasting physical and mental damage from his ordeal, as “going beyond the limits.”

Nasheed said: “I ask President Maumoon very sincerely and respectfully, don’t do this,” Nasheed said. “Go to Shafeeg. Go and ask for his forgiveness. This is not the time to come out and say ‘I’m going to sue Shafeeg.’ If you want to sue Shafeeg now, you will have to sue me. That is because I will repeat what Shafeeg is saying fourfold.”

Together with allegations of corruption in Gayoom’s administration, such as those flagged in audit reports, allegations of torture remain one of the most politically divisive topics in the Maldives.

Since Nasheed took office after beating Gayoom’s 30 year-old autocratic rule in 2008, public opinions – very strongly held – oscillated between a desire for prosecuting Gayoom and his close allies for the torture and corruption and a desire to move on and reconciliation. Nasheed openly supported the latter option to be magnanimous.

However, after his controversial resignation on February 7, which he insisted was forced by an opposition backed military-police coup, Nasheed told Time Magazine that allowing former dictator Maumoon Abdul Gayoom to live in peace following the 2008 election was a wrong decision.

“The lesson is we didn’t deal with Gayoom. That’s the obvious lesson. And my romantic ideas of how to deal with a dictator were wrong. I will agree with that,” Nasheed told Time, in a striking reversal of his magnanimity in 2008.

The court decision in favor of Gayoom also comes less than a week after the UNHRC called for the government to establish an independent commission of inquiry to investigate “all human rights violations, including torture that took place in the State party prior to 2008 and provide compensation to the victims.”

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Commonwealth Envoy expresses concern at “rising political tension” in the Maldives

The Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Donald McKinnon, has expressed concern at “rising political tension” in the Maldives –  specifically over ongoing street protests and the criminal charges filed against ousted President Mohamed Nasheed.

Nasheed’s Maldivian Democratic Party (MDP) has taken to the streets for the tenth consecutive day calling for an early election, alleging the former President was deposed in a coup detat on February 7.  Police have clashed violently with protesters resulting in injury to police and public as well as the arrest of hundreds of protesters. However, President Dr Mohamed Waheed Hassan has insisted the earliest constitutionally permitted date in which fresh polls can be held is July 2013.

Meanwhile, Prosecutor General Ahmed Muizz on Monday filed criminal charges against Nasheed for his alleged role in the detention of Criminal Court Chief Justice Abdulla Mohamed in January.

The Commonwealth’s Ministerial Action Group (CMAG) has urged for early elections to be held in 2012, and has played a crucial role in the reconstitution of the Commission of National Inquiry (CNI), set up to investigate the controversial transfer of power.  The composition was changed after the Commonwealth raised concerns over the body’s impartiality during its first iteration. The CNI is expected to release its report by the end of August.

In a statement released yesterday, Sir Donald called for dialogue among political leaders, urging all parties to show “restraint and restore calm.”

“It is absolutely essential that all relevant actors in Maldives refrain from any actions that could jeopardise the stable environment necessary to allow the Commission of National Inquiry to complete its work and produce an outcome within the stipulated time-frame,” he said.

“Restore calm”

Sir Donald added that he has been in contact with President Waheed and Mohamed Nasheed to discuss the MDP’s ongoing protests, along with the response by security forces to these demonstrations and the charges filed against the former president.

“What is very much needed in Maldives right now is for all concerned to show restraint and restore calm. Any actions that create or exacerbate political instability cannot be helpful to the national interest, including in the difficult economic circumstances at the moment in the country and the global context,” Sir Donald said.

The Maldives is facing a foreign currency shortageplummeting investor confidencespiraling expenditure, a drop off in foreign aid and a crippling budget deficit of 27 percent.

Speaking on the need for a stable environment for the CNI to complete its work, and urging all parties to refrain from jeopardising the commission’s efforts, Sir Donald said: “We have all invested a huge amount of time, energy and resources in reconstituting the Commission of National Inquiry, to establish the truth about the events of 7 February 2012 and help Maldives move forward. The international community has been supportive of these efforts.”

Hence, Sir Donald has called on Maldivian leaders to engage in dialogue, stating that “Ultimately, any resolution of contentious political issues in Maldives can only come about through inclusive political dialogue.”

“I therefore urge the leaders of Maldives to engage in genuine dialogue, with the interest of the people of Maldives in mind,” he added.

MDP Spokesperson Hamid Abdul Gafoor welcomed the Special Envoy’s statement, but said that MDP protests would continue. “You must remember our protests are non-violent and are aimed at restoring political stability,” he told Minivan News.

Stalemate

Sir Donald’s comments come at a time when renewed attempts at restarting the All-Party talks appear at a stalemate.

The talks were conceived as one of two internationally-backed mechanisms – alongside the CNI – to resolve the political deadlock in the Maldives following the controversial transfer of power on February 7.

The Convenor of the All-Party talks, Ahmed Mujuthaba, on July 12 announced that a series of “high-level” discussions will be held between President Waheed and the leaders of the largest political parties after sixteen previous attempts had resulted in “no breakthrough.”

However, a spokesperson for President Waheed on Tuesday said the president will not hold talks with Nasheed as long as street protests continue, condemning the protests as an “act of terrorism.”

Meanwhile, former President Maumoon Abdul Gayoom – who served as the country’s autocratic leader for 30 years up to 2008 – said he would not negotiate with Nasheed.  Gayoom claimed that Nasheed had made 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.

Nasheed subsequently released a statement on Monday arguing 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. Nasheed then offered to apologize if Gayoom agreed to participate in the all-party talks.

“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 said in his statement.

However, Gayoom told local media today that he believed Nasheed’s apology was “insincere” and has asked Nasheed to issue a formal apology on local and international media.

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