Report “incomplete” without MDP cooperation: Inquiry Commission

The Commission of National Inquiry (CNI) has said their report on the circumstances surrounding the transfer of power on February 7 will be “incomplete” without the ousted Maldivian Democratic Party’s (MDP) cooperation.

New President Mohamed Waheed Hassan charged the CNI to assess the change of leadership following former President Mohamed Nasheed’s allegation that he was ousted in a coup d’état, carried out by mutinous elements of the police and military. Waheed was Nasheed’s Vice President.

However, the MDP has refused to recognise the CNI, claiming the commission is neither independent nor impartial, and has raised concerns over former President Maumoon Abdul Gayoom’s Defense Minister Ismail Shafeeu chairing the commission.

The Commonwealth has also warned of “stronger measures” against the Maldives if the government fails to revise the composition and mandate of the CNI by May 16.

However, speaking to the press on Thursday, Shafeeu said it was “not suitable” for him to resign, and has said the matter must be decided between the government, political parties and foreign groups.

Meanwhile, President Waheed has affirmed commitment to the Commonwealth and said he looked “forward to resolve any outstanding issues involving the CMAG” including that of the CNI composition. Waheed’s remarks were sourced from a press release published by PR Newswire on Wednesday, and widely disseminated to world media.

However President’s Office spokesperson Abbas Adil Riza was reported in local newspaper Haveeru today as stating that there was no thought of changing the composition of the commission.

MDP cooperation

CNI member Ali Fawaz Shareef said the commission had interviewed 77 people and “had received some responses from the MDP.”

Two individuals from the MDP requested to give statements had refused, Shareef said, but declined to state whether former President Nasheed was among the two.

Without the MDP’s cooperation, the commission’s report to be published by May 31 “would not be complete,” CNI member Ibrahim Yasir Ahmed said.

“However, we have interviewed many people so far, and we believe we can issue a very good report,” Yasir said.

The CNI faced “difficulties” when parties refused to cooperate with the commission, Shafeeu added.

“This commission will not take legal action against anyone regarding information shared with this commission. The only thing we are doing is gathering information,” he said. The CNI has previously said it would not conduct a criminal investigation.

The report will note missing information and will also include any relevant statements made in the public domain, the commission members said.

President Waheed has met with the CNI on Tuesday to give his account of the transfer of power.

Meanwhile, the MDP has launched its own investigation into the transfer of power, and President Nasheed has given a statement to the Police Integrity Commission (PIC) regarding a brutal police crackdown on MDP supporters at a peaceful protest on February 8.

Shafeeu resignation

The CNI has long said the government must authorise any changes in its composition, but President Waheed on April 25 said it was up to the commission to allow new members to join the inquiry.

“We have no role in the reformulation of the commission. They do not have to discuss the matter with us either. The government can reformulate the commission as they see fit,” CNI member Yasir repeated on Thursday.

Meanwhile, Shafeeu said the government, political parties and foreign groups must decide whether to dismiss him from the CNI. “If the outcome of political negotiations is that I must go, it will not be difficult to get me out of here. I will just go home like I do every day when I finish work,” he told reporters.

The MDP has criticised the lack of cross-party consultation in compiling the committee and the lack of international experts on the committee.

“It has been conceived and imposed by those parties allied to Dr Waheed without any consultation with MDP. It does not include any eminent international experts. And the inclusion of individuals who held Cabinet posts during the autocratic government of former President Gayoom, including the appointment of a Chair – Mr Ismail Shafeeu – who had held various ministerial posts under former President Gayoom including the position of Defense Minister at a time of widespread human rights abuses in the country, suggests that no effort has been made to ensure independence and impartiality,” the MDP stated in February.

Local civil society groups have also urged the government to seek cross-party support in formulating the commission.

Commitment to the Commonwealth

As the Commonwealth deadline for CNI review draws near, Dr Waheed said the Maldives government would meet with Special Envoy Sir Don McKinnon on Thursday to affirm the Maldives’ commitment to the Commonwealth and the CMAG and “any outstanding issues since his last visit.”

“The Maldives government wants to make progress with the Commission of National Inquiry following previous discussions with the Commonwealth about its composition,” the statement read.

The statement quoted President Waheed as saying: “I look forward to constructive talks with Sir Don McKinnon. I will be telling Sir Don that as a government, we are completely committed to the Commonwealth and I look forward to resolving any outstanding issues involving CMAG.”

Meanwhile, MP of former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), Ahmed Ilham, and Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed have submitted a bill to parliament that could see the Maldives withdraw itself from the Commonwealth within 60 days of ratification. Both parties have backed Dr Waheed.

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Committee of National Inquiry cannot wait for international assistance: Shafeeu

Head of President Mohamed Waheed’s Committee of National Inquiry (CNI), Ismail Shafeeu, has said the committee cannot wait for international assistance as they proceed with an inquiry into the controversial transfer of power on February 7.

“Due to the nature and importance of this issue, I do not believe we can wait for assistance from the UN system or Commonwealth system or wait for a consultant to arrive. If Maldivian sources cannot fully answer the legal questions or other issues that arise, then we will discuss with foreign lawyers, pay them any required fees and proceed,” Shafeeu told local media on Thursday.

President Dr Mohamed Waheed Hassan charged the three member presidential commission with assessing the circumstances that led to Nasheed’s resignation and has asked the committee to publish its report by May 31. Nasheed alleged he was deposed in a coup d’état.

The Commonwealth, the EU and foreign governments including India and America have called for an impartial and independent investigation into the transfer of presidential power. The Commonwealth’s Ministerial Action Group (CMAG) has said it “strongly felt that there should be international participation in any investigative mechanism, as may be mutually agreed by political parties in Maldives.”

President Dr Waheed’s Spokesperson Abbas Adil Riza told Minivan News the government has now requested UN and Commonwealth assistance. “We believe we will get this assistance,” Riza said.

The CNI would decide on the extent to which international actors would participate in the inquiry, Riza said, but added that the government wants foreign expertise on formulating recommendations based on the CNI’s findings.

The ousted Malidivian Democratic Party (MDP) and local civil society groups have criticised the committee on its failure to solicit cross-party support regarding its composition. CNI head Shafeeu previously served as the Defense Minister under former president Maumoon Abdul Gayoom. Consequently, the MDP has said it does not recognise the CNI.

Speaking to Minivan News, Aiman Rasheed from Transparency Maldives said: “It is imperative that the CNI solicits international aid. When we met with the CNI previously they raised concerns over their capacity, especially in hiring a legal team. This is the first time this has happened in the Maldives, and there is much to learn from international experience.”

Approach Nasheed

According to the CNI’s mandate, the committee will not be conducting a criminal investigation. Speaking to local media on Thursday, the CNI said it had not yet interviewed any senior officials from Nasheed’s administration, but had conducted interviews with police and military officers.

The CNI website says it had spent 35 hours interviewing 37 individuals by April 3, almost two months after the change of government.

MDP lawyer Hisaan Hussein said CNI’s failure to interview former administration officials “raises questions over the kind of work the committee has been doing, especially given the amount of time that has passed now.”

The committee will approach former President Nasheed after conducting background research. “We will send a request [to see Nasheed] and see what happens then. We don’t think there is a reason for him not to give us information,” Shafeeu said.

Coup question

CNI Member Dr Ibrahim Yasir Ahmed said the committee will address whether the Nasheed had been ousted in a coup.

“We will answer everything we can based on the information we gather. We will hold debates on the question of whether it was a coup or not,” Yasir said.

The CNI was in the process of obtaining foreign legal assistance on the question, Yasir added.

Transparency Maldives’ Aiman Rasheed said the inquiry was “a stepping stone for national reconciliation. If this doesn’t work, we may end up in a more chaotic situation.”

MDP concerns

CNI Member Dr Ali Fawaz Shareef reiterated its call for MDP’s support in the inquiry process. Shareef said attempts to hold discussions with MDP were underway.

“MDP has publicly said they do not have confidence in this commission. Before we can proceed, we first have to know the details of their concerns,” Shareef said.

The MDP has released several statements outlining its concerns over the CNI.

“The Investigation team must include Maldivians who enjoy the trust of all parties as well as respected foreign experts. It must also have a mandate to look at events leading up to the resignation of President Nasheed as well as police brutality before and after the resignation,” a February 15 statement read.

Responding to the establishment of the CNI on February 22, the MDP said: “[The CNI] has been conceived and imposed by those parties allied to Dr. Waheed without any consultation with MDP. It does not include any eminent international experts. And the inclusion of individuals who held Cabinet posts during the autocratic government of former President Gayoom, including the appointment of a Chair – Mr Ismail Shafeeu – who had held various ministerial posts under former President Gayoom including the position of Defense Minister at a time of widespread human rights abuses in the country, suggests that no effort has been made to ensure independence and impartiality.”

As MDP and civil society concerns over the CNI remain unadressed, several MPs have now called for the investigation of the transfer of presidential power to be conducted through Majlis.

CMAG and the EU, among other international groups, have backed MDP’s calls for early elections in the Maldives.

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