Tag: Jumhooree party

“Our rivals do not know elections”: Nasheed

Speaking at a campaign rally in Haa Alif Atoll Dhidhoo Island, former president and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called on his rivals to compete in elections instead of using the courts to obstruct presidential polls and disqualify MPs from the parliament.

Nasheed’s comments follow the Supreme Court’s stripping of MDP MP Ali Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) Mohamed Nashiz of their seats, and the Criminal Court’s sentencing in absentia of MDP MP Hamid Abdul Ghafoor to six months in jail for disobedience to order.

Progressive Party of the Maldives (PPM) council member Ibrahim ‘Wadde’ Waheed is seeking the disqualification of DRP Leader and MP Ahmed Thasmeen Ali’s seat, citing his failure to pay decreed debt as per a 2010 court verdict.

Presidential polls have been set for November 9 after the Supreme Court annulled the first round of presidential elections held on September 7 and the police obstructed the Supreme Court ordered revote on October 19 after the JP and PPM refused to approve the voter registry.

“Our rivals do not know elections,” Nasheed said, adding that the only time his rivals had participated in elections was the multi-party elections of 2008 in which the MDP had defeated 30-year ruler Maumoon Abdul Gayoom.

Instead of campaigning and strengthening their political parties, rival PPM and Jumhooree Party were inciting hatred and engaging in back biting, Nasheed alleged.

“These people are a group, in other words a gang. There is no way they can participate in peaceful political activities,” he added whilst calling on PPM’s Abdulla Yameen and JP’s Gasim Ibrahim to compete in presidential elections.

Nasheed emphasized that the constitution exists to protect the citizenry’s rights, and that the judiciary, executive and legislature existed to uphold these rights.

“It is always, we, the citizens, who will say the last word in the Maldives,” he said.

Neither MDP nor EC want a vote: Gasim

Meanwhile, the JP’s Gasim Ibrahim has accused the Elections Commission (EC) of collaborating with Nasheed to obstruct free and fair polls on November 9.

“Neither the MDP nor the Elections Commission want to hold a vote. I accuse the Election Commission of doing things according to MDP’s wishes. I hear [the EC] does things the way Kenereege Mohamed Nasheed wants,” Gasim said at a press conference on Sunday.

The JP had sought and won an annulment of the first round of president held on September 7 at the Supreme Court, after narrowly placing third in the polls. Since then, the JP has continued to accuse the EC of fraud and tampering with the voter registry.

The EC wants Speaker Abdulla Shahid to assume the presidency at the end of the current presidential term on November 11 and hold polls afterwards, Gasim alleged.

“[T]hey want Abdulla Shahid to assume the presidency and then do this [hold election]. I think that is their spirit. This does not come as a surprise,” he told the press.

The Majlis last week passed a resolution to hand over presidency to the Speaker in the absence of a president elect on November 9. JP and the PPM boycotted the vote.

If no candidate gains over 50 percent in the November 9 polls, a second round is scheduled for November 16, five days after the end of the presidential term.

According to local media, Gasim has also said he favors a military takeover to Speaker Shahid assuming the presidency. He has called for President Dr Mohamed Waheed to continue beyond his term.

“Is it better for a man who is selected to assume the presidency? Or the Military? What is the difference? On one side they are stealing [the presidency] and doing things outside the law. Isn’t it better that our military takes over the country to save the country and maintain peace? It is their responsibility to ensure safety and peace in this country,” Channel News Maldives (CNM) quotes Gasim saying at a press conference on October 31.

The November 9 election is the EC’s fourth attempt to hold presidential polls. When the JP sought the vote annulment, the EC had scheduled a second round for September 28. With a verdict pending on the eve of elections, the EC decided to proceed with polls the next day.

However, the Supreme Court issued an injunction ordering the security forces to halt election preparations. Shortly afterwards, on October 7, the court annulled the September 7 polls and delineated 16 guidelines to hold polls by October 20.

The guidelines required all presidential candidates to sign the voter registry. However, with the JP and PPM refusing to sign the registry, the police stopped the election an hour before polls were to open.

Gasim on Saturday reiterated that he was ready to approve the voter registry if it was compiled properly. However, he alleged the EC had accepted reregistration forms with fingerprints like “a blot of ink.”

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Comment: The importance of presidential candidates’ meeting

Even as the rest of the world – and Maldivians too – had almost given up the country as being on the brink of a political and leadership chaos, it has bounced back with the kind of verve and nerve that democracy entails at birth. The three presidential candidates met in what was not an entirely unexpected turn, and declared their intention to try and complete the poll process in time for an elected president to assume office on 11 November, the D-day under the constitutional scheme and national tradition.

Meeting on Sunday night, former President Mohammed Nasheed of the Maldivian Democratic Party (MDP), and his rivals, Abdulla Yameen of the Progressive Party of Maldives (PPM) and Gasim Ibrahim of the Jumhooree Party (JP), unanimously decided to approach the Election Commission (EC) for advancing the poll-dates. If their combined effort next morning when the met the EC officials did not fructify, it owed to the existing electoral scheme – or, so it would seem.

As may be recalled, the EC had fixed 9 November for the first-round and 16 November for the second-round of the once-annulled and once-cancelled polls. The tradition under the continuing constitutional scheme for decades now has been for the elected president to assume office on 11 November. With the second-round of polls, if required for the victor to possess the mandated 50-percent vote-support, scheduled for 16 November, questions have begun to be asked from the highest levels on the possibilities of an emerging constitutional vacuum.

In their meeting, the three candidates claimed to have worked out a scheme for verification of the voters’ list individually. Whatever that may be, they seemed desirous to let nothing – including the possibly an allegedly faulty voter-list – come in the way of completing the poll process. Claims of ‘faulty voter-list’ were among the causes for presidential polls, originally scheduled for 7 and 28 September, getting inordinately and at times inadvertently delayed.

During their meeting on Sunday night, the three candidates decided to urge the EC to advance the first round to 2 November and the second round, if needed, to 9 November. Clearly, they wanted the poll process to be completed in time for the elected one from among them to assume office on 11 November. None of them wanted a constitutional vacuum to emerge in the country during its democratic infancy, particularly after incumbent President Mohammed Waheed expressed a desire to step aside before the deadline for transition.

Going by local media reports, the three candidates meeting the waiting media together after their talks with EC officials, did not elaborate on the EC’s reasons for not being able to conduct the polls. While drafting earlier poll-schedules, the EC had provided the required 21 days for completing the administrative work, comprising re-registration of new voters and those wanting to vote in a booth other than originally assigned. The latter in particular should have thrown up problems while advancing the poll after re-registration had been set in motion.

Under the law, any Maldivian citizen attaining 18 years of age on the day of (first-round) polling are entitled to register their names as voters. After the EC had fixed 9 November as the day for first-round polling and opened re-registration, advancing the poll dates would have been fraught with complications that the constitution’s framers did not foresee, and hence did not provide for. Nor did the 4-3 verdict of the Supreme Court that annulled the 7 September poll and setting out a 16-point guideline for re-poll provide for.

With all sections of parliament involved in the three-candidate negotiations, getting an emergency constitutional amendment Bill through the People’s Majlis would have been a formality. Outgoing President Mohammed Waheed Hassan Manik, who readily endorsed the three-candidate decision, may have also given his assent to such a constitutional amendment. Should any citizen affected by the measure go to the court, however, the process by itself would have been time-consuming, defeating the very purpose of the poll-advancement idea.

‘No’ to military rule

The three-candidate meeting and their meaningful proposal has brought back political pragmatism to the nation’s centre-table, where electoral expediency and excesses alone seemed to rule for a time. President Waheed, who had not very long ago dubbed himself the ‘most hated person’ for the international community and media, set the ball rolling instead, by sounding out the possibility of his resigning from office along with his entire Cabinet, including Vice-President Waheed Deen, for Parliament Speaker, Abdulla Shahid, to take over for a 60-day election-period, as per the Constitution. He followed it up with a letter to Parliament

With the MDP’s Nasheed having won the highest 45.45 percent vote-share in the annulled first-round, the party-led alliance jumped at President Waheed’s proposal. It got the house to pass a resolution on those lines. This is to be followed by a formal bill on the same subject in the coming days, it is said. However, such a course would require a constitutional amendment. The non-MDP alliance parties had boycotted the earlier vote on the resolution. They can be expected to boycott the vote on the upcoming Bill, also, should the MDP still go ahead with the proposal after the three-candidate confabulation.

To the extent the three candidates, their parties and coalitions have been able to distinguish between political realities, electoral exigencies and constitutional compulsions, the nation has been brought back from the brink. Likewise, the Jumhooree Coalition’s Hassan Saeed, vice-presidential running-mate to Gasim Ibrahim, has shot down the proposition of a possible term of ‘military rule’ post 11/11, if the first-round poll of 9 November does not produce a president-elect. The coalition was not considering the option, Saeed said a day after JP parliamentary group leader, Ilham Ahmed, had proposed the same in the house on Sunday.

Air of permissiveness

The JP – and other political outfits – may be in for a time of introspection, if not explanation, a vandal attacked the Indian High Commissioner’s car outside of the diplomatic mission. The car’s wind-screen was damaged, but fortunately, no one was inside the vehicle at the time. Earlier in the day, JP’s mouth-piece, Miadhu, quoted party Secretary-General Hussein Shah as saying that “a foreign Ambassador (had) requested (party founder and presidential candidate Gasim) not to go to court even if there is any vote-manipulations”.

The police are investigating the car-attack. In diplomatic terms, the attack means more for bilateral relations than may be visible and acceptable. Shah’s unsubstantiated claims and the attack on the Indian envoy’s car may have been independent episodes, but both are also reflective of an ‘air of permissiveness’ that has permeated down the democratic political culture in the country. On an earlier occasion, a senior aide of President Waheed attacked the then Indian High Commissioner by name. He was shifted out to a different position, which was considered an elevation, not a punishment, of sorts.

Needless to point out that the President’s Office, Parliament, the police and armed forces headquarters are all within a stone’s throw of the Indian High Commission. The stone that fell on the Indian side could very well have fallen on the other side, too. It only goes on to indicate the precarious nature of the nation’s politics and politics-driven people’s posturing just now. It comes a year and half after the prevailing mood and methods of this kind culminated in the controversial resignation of President Nasheed on 7 February 2012. Each party and politician continues to have a different take and cause for the events, versions and justifications of that day – all of them contributing to the current confusion and consequent impasse.

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Opposition MPs “purged” as Supreme Court strips Ali Azim, Mohamed Nashiz of parliament seats

The Supreme Court in a 4-3 judgment today stripped Maldivian Democratic Party (MDP) MP Ali Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliament seats over a decreed debt.

The verdict was delivered in absentia after the pair dismissed their lawyer and a new one was not appointed in time for the re-scheduled session at 5:00pm.

The majority was formed by Justices Abdulla Saeed, Adam Mohamed Abdulla, Ali Hameed Mohamed and Dr Ahmed Abdulla Didi, the same four judge majority which annulled the results of September 7 election following a petition from third-placed candidate Gasim Ibrahim.

Chief Justice Ahmed Faiz Hussain and Justice Abdulla Areef issued dissenting opinions ruling that there were no grounds to disqualify the MPs while Justice Muthasim Adnan reportedly refused to issue a ruling stating that he did not have sufficient time to study the case as he received the testimonies and statements yesterday.

Ali Azim, former MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, former MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament. The opposition party had 34 seats.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

The case was submitted to the Supreme Court with reference to article 73(c)(1) of the constitution, which states that a member of the People’s Majlis immediately becomes disqualified if the MP has “a decreed debt which is not being paid as provided in the judgment.”

Article 74 states, “Any question concerning the qualifications or removal, or vacating of seats, of a member of the People’s Majlis shall be determined by the Supreme Court.”

The Supreme Court verdict comes days before voting on a no-confidence motion against Attorney General Azima Shukoor scheduled for October 28.

Moreover, an MDP-sponsored bill on transitional arrangements that require President Dr Mohamed Waheed to step down if an election is not held by November 10 was submitted yesterday (October 23).

“Purge” of MPs

The MDP released a statement on MPs being “purged” today, condemning “the continued harassment and intimidation” of its members through “politically-motivated” court cases.

The party noted that Azim and Nashiz’s case was “fast-tracked a day after a crucial vote in parliament, which saw the MDP and its allies win a parliamentary vote by 43 votes to appoint an MDP member to the independent judicial oversight committee, the Judicial Service Commission.”

“Thus the MDP believes the sudden scheduling of the Supreme Court case against MPs Azim and Nashiz is a deliberate attempt to disqualify them from parliament. The MDP notes that while this case has suddenly been taken up enthusiastically by the Maldivian justice system, corruption charges against government-leaning MPs have been dropped,” the statement read.

The statement also noted that the Criminal Court yesterday issued an arrest warrant for MDP MP Hamid Abdul Ghafoor “in violation of the Parliamentary Privileges Act, during a session of the parliament, while Hamid had in writing informed the court he was unable to attend due to his parliamentary duties.”

Hamid remains in the parliament building at the time of press.

Hamid along with MDP MP Abdulla Jabir is being prosecuted for alleged alcohol and drug use as well as refusal to provide a urine sample to police. The pair were arrested in November 2012 following a police raid on an uninhabited picnic island in Haa Dhaal atoll.

“The Supreme Court has lost all credibility in the eyes of Maldivians and the watching world. The judges are working with political leaders of MDPs opponents to further their wishes. These judges are closely linked to the former dictatorship and continuously work to disrupt the democratic process. After invalidating, delaying and obstructing elections, they are now after an MDP parliamentary majority, who have publicly pledged to reform the judiciary,” said MDP Deputy Chairperson Ali Shiyam.

The MDP statement listed the cases of 10 MPs who currently face “politically-motivated charges that threaten their parliament seats.”

The party also noted that its former MP for Thaa Thimarafushi, Mohamed Musthafa, was stripped of his seat over a disputed decreed debt, two weeks after the controversial transfer of presidential power on February 7, 2012.

Police have meanwhile sent cases against MDP MPs Imthiyaz Fahmy, Mohamed Rasheed and Alhan Fahmy to the Prosecutor General’s Office for alleged contempt of court for publicly criticising the Supreme Court.

A Criminal Court case is also ongoing against MDP parliamentary group deputy leader Ali Waheed for allegedly crossing a police barricade in 2010.

The government-aligned Progressive Party of Maldives (PPM) meanwhile declared last month that it would seek the removal of MPs through the Supreme Court for challenging rulings of the apex court.

“There is a dispute on whether [MPs] have lost their seats in parliament due to speaking out against Maldives’ Supreme Court’s order and defaming the Supreme Court, and other court’s judges. I would like to inform you we will file this case at the Supreme Court,” PPM legal advisor Mohamed Waheed Ibrahim told the press on September 29.

Maldivian judiciary

The MDP statement noted that a 2004 report on the Maldivian criminal justice system by Professor Paul Robinson, prepared at the request of the then-Attorney General, concluded that “the Maldivian criminal justice system systematically fails to do justice and regularly does injustice”.

The party also referred to the International Commission of Jurists (ICJ) expressing concern in February 2011 with “the apparent failure of the JSC to fulfil its constitutional mandate of properly vetting and reappointing judges” as well as the “judicialisation of politics”.

Moreover, the MDP noted that in July 2012, the United Nations Human Rights Committee stated that it was “deeply concerned about the state of the judiciary in the Maldives.”

The MDP statement also referred to concerns raised by UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, in a report on the Maldivian judiciary in May this year.

“Justice must not merely be done but must also be seen to be done, and judges must not only be actually impartial they have to appear impartial to the public,” the party statement quoted Knaul as stating.

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Court did not share Elections Commission security information, says police

Data and technical information provided by the Supreme Court to a police forensic team during the Jumhooree Party’s case against the Elections Commission (EC) could not have been used to access the commission’s web servers, the Maldives Police Service has said.

Police said in a press release yesterday (October 21) that the forensic team offered technical assistance sought by the court to examine the evidence of alleged electoral fraud.

The police team were provided a printed list of the marked voters register and the access logs for the EC’s ballot progress report system (BPRS), which contained the IP addresses of those who had accessed the server, along with date and time.

“This is not information that could be used to penetrate any web site or web server,” police said, adding that the Supreme Court did not share any data from the EC aside from the BPRS logs.

“As sufficient time was not available to analyse the aforementioned logs and because the Elections Commission did not provide technical information concerning the BPRS, this service’s forensic team was unable to conduct a technical analysis,” the press release stated.

The police statement concluded with an appeal to all state institutions to protect and securely maintain “online systems containing information related to Maldivian citizens” while offering assurances that police would provide any assistance requested to ensure protection of such systems.

The police statement follows remarks by EC Chair Fuwad Thowfeek on state broadcaster Television Maldives (TVM) on Saturday night claiming that the commission’s data was being “destroyed” after technical information and logs were submitted to the Supreme Court.

“Previously, access to the system was very restricted to very few people, not just anybody could access it. But now the system is open. Now we are seeing people accessing and changing our database. No one had the opportunity to access the system in the annulled first round of presidential elections. People are destroying our data,” Thowfeek had said.

“So we cannot give the kind of certainty they [political parties] want, NCIT [National Centre for Information Technology] cannot give that kind of assurance now either. Earlier, they said they could not notice any external access in the annulled first round of election. They have not said anything yet [about the revote]. But I am certain, I know that if they check now, they will find there are ways for people to access the database. Because we see changes that should not take place happening to our data.”

Securing the IT system

The NCIT meanwhile said in a press statement on Sunday (October 20) that the centre’s staff have been working with the EC to secure the commission’s database and IT system following the Supreme Court judgment annulling the September 7 election.

In point 16 of the guidelines imposed on the EC by the Supreme Court verdict on October 7, the EC was ordered to reform their IT system in accordance with the “professional opinion” of the NCIT and other relevant state institutions.

Following consultations with the EC on October 8, the NCIT recommended immediate measures concerning “the most sensitive problems”, which the EC promptly implemented, the press release stated.

As interruptions to the EC systems could occur during the process, NCIT officials were allowed to establish a mechanism ensuring security on October 18 after the voter registry was printed – one day before the re-scheduled vote was due to take place.

The NCIT did note, however, that as the mechanism was set up on October 18, the centre was unable ensure external parties did not access the EC server and database before that date.

The NICT press release stressed that it had not sought any usernames or passwords required to access the EC systems and database during the process of securing the servers, adding that this information was not required to implement the recommended security measures.

“Therefore, if anyone apart from those authorised by Elections [Commission] accessed the system and database, it has to be further investigated,” the NCIT stated.

Following Thowfeek’s remarks on TVM, the press release stated, the NCIT had asked the EC to share relevant information concerning the alleged security breach, but was yet to receive a response.

Anonymous

The police press statement meanwhile revealed that on August 14 it was alerted to information from the Department of National Registration’s (DNR’s) ID card database, along with the names of registered political party members, being published on a website (http://maldives.annonymous.lv).

Police discovered that the information was taken from an EC web server (p.elections.gov.mv) as the server’s home page was hacked, the press release explained.

However, when the security breach was brought to the attention of the EC, police said that the commission allegedly denied the incident took place and refused to provide cooperation to the police investigation.

The site was blocked by the Communication Authority of Maldives (CAM) on August 20 upon request by the police, after which it was taken down with foreign assistance, police revealed.

Moreover, police found out that an automatic virus was downloaded to computers of persons visiting the page on the EC’s website that detailed the number of registered members of political parties.

Following the discovery, police met with EC Chair Thowfeek and other officials on August 19 to discuss the security issues and to share the findings.

“At the meeting, the commission’s technical staff said the Elections Commission’s web servers were constantly attacked and that they were blocking the IP addresses of the attackers,” police said.

While the EC was requested to provide the noted IP addresses, the police statement said that the information has yet to be sent.

Speaking at a press conference last night (October 21), Thowfeek said that NCIT officials were working ceaselessly with the EC IT staff but had not yet completed a full report on the security issues.

The NCIT has offered assurances that the EC servers and database would be secured before preparations were underway for the presidential election scheduled for November 9, Thowfeek said.

“We are proceeding with the assurance of the technical staff,” he said.

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JP and PPM coalitions unite in condemnation of the Elections Commission

“The Supreme Court’s verdict very clearly says the elections commission planned and systematically attempted to commit electoral fraud,” said Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed last night.

Rasheed spoke during a joint press conference held by the three government-aligned parties still contesting in the presidential election.

Representatives of the Jumhooree Party (JP), the Adhaalath Party (AP), the Progressive Party of Maldives (PPM), and the Maldivian Development Alliance (MDA) also took turns to denounce the Elections Commission (EC).

“If the lawful punishment for these people is a jail sentence, then we will not hesitate to do that. There is no other way but resignation for them,” said JP Deputy Leader Ilham Ahmed.

“I call on the police, the attorney general and the prosecutor general to investigate [EC Chair] Fuwad Thowfeek and his allies and file the case at court through the prosecutor general,” he continued.

The press conference came shortly before the EC revealed the schedule to be adopted for what will be the third attempt at completing the presidential election.

September’s poll – won by opposition Maldivian Democratic Party (MDP) candidate Mohamed Nasheed- was later annulled by the Supreme Court which ruled that the preparations of the EC had “broadly facilitated fraud, undue influence and corruption”.

The second attempt to hold the election on October 19 failed after police withdrew their logistical support, informing EC staff that they would be prevented from moving any election-related documents out of the commission’s premises.

The decision to delay the election brought consternation from the international community as well as renewed messages of support for the EC, which has received praise from over 1000 local and international observers for its conduct in the first round.

After consulting with the government and political parties, the EC yesterday announced the decision to hold the first round on November 9, and the run-off – if needed – on November 16.

“We, the two coalitions, remain steadfast”

The police’s decision to obstruct polls – decried by both the Police Integrity Commission and the Human Rights Commission of Maldives – came after the PPM/MDA and JP/AP/DQP candidates had refused to sign the voter registry as mandated in the court’s ruling.

The allied parties yesterday called for the EC to abide by the Supreme Court’s guidelines when holding the re-vote.

“There is only one choice. If some of the points in the guidelines are difficult for them, then there is no other way but to seek to change those points,” Ilham said.

Adhaalath President Sheikh Imran Abdulla called for the EC to resign if it could not act according to the court’s guidelines.

“We, the two coalitions, remain steadfast. God willing, there will be no election in the Maldives at this time unless it is an election that follows the SC guidelines.”

During its own press conference last night, the EC announced it would continue to follow the Supreme Court’s guidelines, but would seek to change them in the future.

“I hope the government considers these restrictions in the future and finds a solution. Otherwise, holding elections will become impossible and that affects the most fundamental [right] in a democracy,” said EC Chair Thowfeek.

Both MDA Deputy Leader Ahmed Amir and PPM MP Ahmed Mahloof expressed doubt that a free and fair election can be held as long as the EC members stay in place.

“Maldivian citizens know there is nothing we will not do for this nation. That we are not divided. This press conference shows we are together. God willing, we will remain like this,” Riyaz said yesterday.

Yesterday’s show of unity comes after relations between the parties and their candidates had appeared at a low ebb.

Following the October 8 decision to re-hold the first round of polling, initial suggestions that the parties might back a single candidate failed to result in consensus.

The PPM subsequently accused Gasim of being overly-influenced by MDP sympathisers within his party, whilst Gasim himself suggested that Yameen’s record during the autocratic rule of his half-brother Maumoon Abdul Gayoom meant that he would never win the popular support of the people.

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Gasim calls for state of emergency to pursue criminal prosecution of Elections Commission

Jumhooree Party (JP) presidential candidate, Gasim Ibrahim, called on President Dr Mohamed Waheed to take action against Elections Commission (EC) members for allegedly violating the constitution “even by declaring a state of emergency.”

Speaking during a debate at today’s sitting of parliament, the JP leader contended that EC members had violated the constitution by allegedly “speaking against article 113”, which states that the Supreme Court shall have sole and final jurisdiction to determine all disputes concerning the election of a presidential candidate.

EC members should face criminal prosecution for allegedly divesting the constitution of its power and authority, the MP for Alif Dhaal Maamigili insisted.

Following the presidential election on September 7 in which he came third with 24 percent of the vote, Gasim alleged electoral fraud and contested the results in the Supreme Court, which subsequently annulled the polls on October 7.

The business tycoon went on to call upon President Waheed to “act in accordance with the constitution even by declaring a state of emergency” as failure to do so would see “the nation fall outside the bounds of the constitution.”

Chapter 11 of the constitution empowers the president to declare a state of emergency for 30 days “[i]n the event of natural disaster, dangerous epidemic disease, war, threat to national security, or threatened foreign aggression”.

However, the declaration of the state of emergency must be submitted to the People’s Majlis for approval within 48 hours, after which parliament has the authority to revoke the declaration.

Asked about Gasim’s appeal at a press conference today, President Waheed said the EC faced a number of serious difficulties and that the commission had done a lot of work within a short period.

“I don’t believe this is the time to take legal action against them. There is still room to work together to resolve the issue,” he said.

Debate

Gasim’s remarks came during a debate on an early day motion submitted by the opposition Maldivian Democratic Party (MDP) MP Ali Azim calling on Speaker of Parliament Abdulla Shahid to assume the presidency if a president-elect cannot be sworn in on November 11 as stipulated by the constitution.

The motion without notice – a non-binding motion that opens the floor for a one-hour debate – also called for the immediate resignation of President Waheed, contending that his administration had obstructed the constitutionally mandated presidential election from taking place.

Article 110 states, “Elections for the office of President shall be held within one hundred and twenty days to thirty days prior to the expiry of the existing presidential term.”

Presenting the motion, Azim noted that the constitutional deadline to conclude a presidential election expired on October 10. He argued that amendments to the relevant laws as well as interim arrangements with the Speaker assuming the presidency was necessary to avoid a constitutional void after November 11.

While the Supreme Court judgment annulling the September 7 election stated that the current president could remain in the post after November 11 in the absence of a president-elect, Azim said that the judgment was “unconstitutional.”

“If extra time beyond that given by the constitution is needed, under the principle of necessity, to complete a specific task as specified in the constitution, it does not necessitate the end of a legal government in place. That such a government will continue to exist under the doctrines of ‘state of necessity’ and ‘continuity of legal government’ under such circumstances is recognised by both constitutional and legal jurisprudence,” the Supreme Court stated in the case summary of its judgment.

In the parliamentary debate on the motion today, MDP parliamentary group leader, MP Ibrahim Mohamed Solih, contended that the Maldivian state has lost its democratic status as citizens have been deprived of “one of the most important bases of democracy.”

Constitutional void

Pro-government MPs meanwhile spoke against the MDP’s motion, insisting that the Supreme Court was the highest authority on constitutional matters.

“We have to accept the decisions of the Supreme Court,” MP Riyaz Rasheed said in response to MDP MPs arguing that the EC did not have to abide by the guidelines imposed on it by the Supreme Court judgment.

Independent MP for Kulhudhufushi South, Mohamed ‘Kutti’ Nasheed – legal reform minister under former President Maumoon Abdul Gayoom – argued that the speaker could not assume the presidency after November 11 even if President Waheed resigned.

Nasheed explained that the constitution did not specify a process to be followed in the event that a president is not elected by the end of the five-year presidential term on November 11. The constitution only specified a process for fresh elections if the president or vice president resigned before the end of their terms, he said.

Article 124(b) of the constitution states, “In the event of the permanent incapacity, resignation, removal or death of both the President or the Vice President, and both offices becoming vacant at the same time, leading to an incapacity to carry out the duties of the President, until such time as a President and a Vice President shall be elected, the duties of both offices shall temporarily be carried out, in order of priority, by the Speaker of the People’s Majlis, or by the Deputy Speaker of the People’s Majlis, or by a member of the People’s Majlis elected by a resolution of the People’s Majlis, until successors in office are chosen.”

“However, this constitution does not say what should be done if a president is not elected within the period in which it must be done,” Nasheed said.

If President Waheed resigns after November 11, Nasheed suggested that parliament should amend the constitution to specify a process to be followed in the absence of a president or vice president after the end of their terms.

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October 19 election to proceed as planned: Elections Commission

Additional reporting by JJ Robinson, Daniel Bosley and Mohamed Naahii.

With just hours to go before polls are scheduled to open and with the voter lists still unsigned by two of the three candidates, the Elections Commission held a press conference to declare that voting will proceed as planned.

“Ultimately, the Supreme Court has ruled to not delay the elections,” said Elections Commissioner Fuwad Thowfeek, reading out the Supreme Court’s ruling following the court’s early morning crisis meeting.

“’We inform you the Supreme Court verdict no 2013/SC-C/42 delineates how the 2013 Maldives presidential election is to be conducted,” Thowfeek read.

The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) sought a court order of Friday evening to delay the election, while the Elections Commission (EC) requested the court clarify how it was to proceed.

The Supreme Court’s guidelines issued following its annulment of the first round of polling said the EC was to hold elections before October 20 with the support of relevant state institutions, Thowfeek noted.

He highlighted President Dr Mohamed Waheed Hassan’s statement on Friday, in which the president called on all parties to facilitate the election to proceed as planned in line with the guidelines on October 19.

Thowfeek said the commission had chartered flights to dispatch ballot boxes to the atolls. However, they were initially unable to do so because the police had suspended their support while political parties sought a ruling at the Supreme Court.

EC Member Ali Manik said he had spoken to the police who had confirmed their support to hold elections as per the Supreme Court’s guidelines.

Thowfeek appealed to the police to uphold their responsibilities and support the EC.

“The PPM and JP failed to [sign the lists]. I believe their failure to do what they should do must not stop the entire system. Just because one person fails to do their duties, refuses to do what they must do, it does not mean everyone else must stop their work, and deprive the Maldivian citizen’s of their right to vote,” Thowfeek stated.

“It is not only the candidate right to vote, but also the citizen’s right. All citizens who have been waiting for [the vote] must get their rights.”

Shortly after the EC’s early morning press conference, the police issued a statement at 5:30 am stating that police “will not support an election held in contravention of the Supreme Court verdict and guidelines.”

In a letter addressed to Thowfeek, the police informed the commissioner “when the Supreme Court has ordered state institutions to ensure compliance with [its guidelines], the police will not support an election that contravenes the guidelines delineated in the verdict as such an act contravenes the Supreme Court verdict.”

“We have assured the Elections Commission that if the Supreme Court issues a ruling stating that elections can proceed even if certain tasks in the Supreme Court verdict 2013/SC-C/42 are not completed, then the Maldives Police Services will abide by such a ruling.”

The EC has meanwhile said polling may not start at 7:30am as planned in all areas as ballot boxes may not reach certain stations by then. But the EC estimates voting will begin at the latest by 12:00 noon and finish by 9:00pm tonight in the affected areas.

‘We have done the best [elections preparations] we could have done within 11 days,” EC Vice President Fayaz said.

The EC admitted there had been problems in voter re-registration with some voter’s re-registration status changed without their knowledge. However, the EC offered assurances that these problems had been solved.

“We have followed the Supreme Court’s guidelines in their verdict. However, we have had difficulties due to the time limit. We cannot go beyond October 19. We have been ordered to hold elections on October 19. We are doing that,” Fayaz said.

If all complaints are addressed then election will be free and fair, Manik said, and called on as many people as possible to come out and vote and to ensure a smooth and peaceful polling day.

“God willing, October 19 2013, today is the day the first round of presidential elections will be held, we are working for that,” Fuwad Thowfeek said.

The EC was due to start another press conference at 6:30am.

Unlawful election: PPM

The PPM has said it would not accept any election “that is held in contravention to the Supreme Court guidelines”, and appealed to the executive “to uphold the Constitution and the Supreme Court’s verdict.”

“The PPM believes the first round of the presidential elections to be held by the Elections Commission on October 19 2013 contravenes the Supreme Court guidelines in its verdict no 2013/SC-C/42 and such an election is an unlawful election,” the PPM statement read.

“PPM is ready to extend full support to an election held within the Supreme Court guidelines. We will not accept any election that is held in contravention to the Supreme Court guidelines,” the party said.The JP has yet to make a statement on today’s election.

Refusal to sign lists

The JP and PPM refused to sign the voter lists – another stipulation in the Supreme Court’s October 7 guidelines – before the EC’s deadline on Friday morning, with the party’s candidates initially failing to respond to phone calls and EC officials sent to their houses.

EC Thowfeek said on Friday morning that he had contacted Supreme Court Chief Justice Ahmed Faiz about the lack of response from the two candidates: “He told me to keep trying. Send people to their homes and keep trying. He did not say what else we should do.”

The two respective candidates, Gasim Ibrahim and Abdulla Yameen, subsequently demanded time to review the voter lists and called for fingerprint verification of up to 10 percent of forms.

Pressed for time to distribute ballot materials and in the expectation that the JP and PPM would sign the voter lists, the EC began distributing ballot materials and unsigned lists to remote and overseas destinations such as the UK.

Ballot boxes began to be dispatched to atolls from 2:45am with the assistance of police speedboats. When commercial flights start at 6:00am, boxes will be transported to the more far flung atolls.

A police spokesperson said late on Friday evening that “the Maldives Police Service will continue to provide assistance to the EC in accordance with the guidelines laid down by Supreme Court.”

The signing of the voter lists by all candidates was one of the Supreme Court’s new guidelines for the election – along with holding it before October 20.

Both the Jumhoree Party (JP) and the Progressive Party of Maldives (PPM) requested on Friday evening that the Supreme Court order Saturday’s re-scheduled election not to go ahead without all parties having signed the register.

PPM candidate Abdulla Yameen said on Friday he would not sign the voters’ registry until the party was sure it was free of any errors, whilst JP representatives suggested that at least two days were needed to check the list.

The Supreme Court’s October 7 annulment of the first round, in which front-runner Mohamed Nasheed received 45.45 percent of the vote, cited a confidential police report submitted to the court allegedly citing 5600 irregularities on the voting registry, ranging from repeated names to mismatched address details. The police report has not been made public and was not shown to the EC’s defence lawyers.

The court’s decision came despite the original poll being universally praised as free and fair by all international observers present during the first round, as well as local NGOs and the Human Rights Commission.

The court’s investigation into alleged electoral fraud in the first round were prompted by complaints filed by the party of third-placed candidate Gasim Ibrahim, who missed out on the run-off by just 2677 votes and subsequently declared “God Willing, Gasim will be president on November 11”.

Following the order on September 23 for all institutions to stop preparations for the second round pending the court’s decision, the EC’s determination to go ahead with the constitutionally-mandated election schedule prompted a further court order on September 26 for security services to stop election preparations by force if necessary.

A subsequent midnight Supreme Court on October 10 ordered the EC to restart the entire elections re-registration process in its entirety.

After re-registering more than 71,000 voters over several days – a process that normally takes between 45-60 days – the Elections Commission requested representatives from all party leaders to sign the completed lists the day before the election.

Of the three candidates only the Maldivian Democratic Party’s (MDP) Mohamed Nasheed has given the revised register his approval, with his party noting that the 0.61 percent error margin was “negligible”.

A meeting between the EC, party representatives and the Home Ministry at 9:00pm this evening reportedly ended in a stalemate, according to local media, with the JP and PPM insisting on time to verify the voter registry.

Nasheed on Friday afternoon had urged the EC to go ahead with the poll regardless of his opponents’ reluctance to sign the new register, in the absence of any further clarification from the Supreme Court.

“One of the views is that there is an obligation on the Elections Commissioner to have the elections on the 19th by the Supreme Court order. There are altogether 16 points in the guidelines. One of the points is to have the elections,” said Nasheed.

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JP and PPM request Supreme Court order further delaying Saturday’s election

Both the Jumhooree Party (JP) and the Progressive Party of Maldives (PPM) have filed cases with the Supreme Court requesting that tomorrow’s re-scheduled election not go ahead without all parties having signed the register.

The request for a new court order comes after both parties have thus-far refused to sign the amended electoral register for tomorrow’s election.

PPM MP Ahmed Nihan denied that his party had attempted to delay polling, claiming that the party still wished to have an election as soon as possible.

He added that the motion filed did not request any specific timeline, claiming that the party was trying to find a way that voting could go ahead as planned – positing the possibility of a public holiday to facilitate voting should tomorrow’s poll not go ahead.

Speaking to Haveeru, JP Lawyer Mohamed Haleem said they filed for the court order because they believed the EC would proceed with elections without getting voter lists approved.

“We have asked the Supreme Court for an order to hold elections after abiding by all procedures laid out in Supreme Court guideline number five. The Supreme Court has accepted the case,” he said.

At a press conference earlier today, Gasim explained that his party had doubts over the accuracy of the voter register, and would need at least two days to check the new lists.

“If an election is held tomorrow in violation of the Supreme Court ruling, it is without doubt an unlawful election. We cannot give space for such an election. And how can we support such an election?” said Gasim.

Gasim urged the EC to request further instruction from the court, after commission members had expressed a lack of guidance when faced with party’s refusing to sign the register.

“EC has failed to respond to the numerous complaints and concerns we have raised with them,” said PPM Deputy Leader and MP Abdulla Abdul Raheem at a separate press briefing. “It is impossible to hold a free and fair election until the EC complies with the regulations ordered by the Supreme Court.”

Stalemate

A meeting between the EC, party representatives and the Home Ministry at 9:00pm this evening reportedly ended in a stalemate, according to local media, with the JP and PPM insisting on time to verify the voter registry.

Candidate Mohamed Nasheed’s Maldivian Democratic Party, expressed its satisfaction with the new lists yesterday, noting a “neglibile” 0.61 percent margin of error. The frantic re-registration process saw over 71,000 forms submitted to the Elections Commission, after the Supreme Court opened at midnight on October 10 and ordered the commission to restart the procedure from scratch just days before the poll.

The revised voter registry is based on the Department of National Registration’s (DNR) registry and lists 239,198 eligible voters – 395 fewer than the 239,593 in the annulled September 7 polls that saw an 88 percent voter turnout.

Speaking to the press outside the EC this afternoon, Nasheed said an election by October 20 was “paramount” to the Supreme Court guidelines, and hence the EC must proceed with elections preparations and stand ready to hold elections as scheduled until the Supreme Court clarifies what the EC must do, or until the PPM and JP approve the list.

On October 7, Supreme Court annulled the first round of presidential elections held on September 7 after the third-placed JP filed a complaint alleging widespread electoral fraud, despite the polls being unanimously praised as free and fair by more than 1000 local and international elections observers.

The JP had narrowly placed third with 24.07 percent of the vote – only 2677 votes behind second placed PPM’s Yameen Abdul Gayoom. Front-runner Mohamed Nasheed received 45.45 percent of the vote.

The Supreme Court gave the EC a 12-day deadline to hold a re-vote, and delineated 16 guidelines which including compiling a new voter registry, a new re-registration process, and approval of the voter registry by all candidates contesting in the election.

PPM and JP representatives failed to turn up at the EC to approve the voter registry this morning. According to the EC, the JP had said the party would sign the registry when the commission presented a hard copy of the final voter list and verified five percent of over 70,000 re-registration forms.

International groups concerned by legal delays

Several foreign governments, including the US and UK, have meanwhile last week expressed concern about continued legal action being used to delay polls.

The US last week said it was “deeply concerned” about continued legal actions “that could further delay the Maldivian presidential election”.

“It is important that the [election] go forward unimpeded in a fair, inclusive and transparent way,” said Deputy Spokesperson for the US State Department, Marie Harf, in a statement. “The basis of any democracy is for citizens to choose their government, for political differences to be decided at the ballot box in an environment free of violence and for election results to be respected,” the statement read.

In a statement today the US Embassy in Colombo said the United States “is concerned that the re-organised first round of the Maldivian presidential election, set for October 19, may now be postponed.  Under the Constitution, a new President is required to be sworn in by November 11, 2013.  Further efforts to delay the electoral process could undermine the will of the people to choose their representative.”

“The Electoral Commission has made concerted efforts to comply with the Supreme Court’s requirements for a new first round, including the re-registration of thousands of voters.  Political leaders must come together to ensure that participatory democracy is not undermined and that free, fair, credible and inclusive elections can take place peacefully and in line with international standards,” the US stated.

The Indian government today said it was “deeply concerned” at the possibility of further delay.

“We call upon all political parties to show a spirit of understanding, cooperation and accommodation by supporting the efforts for holding elections as scheduled, including by accepting the voters’ register. Holding of free, fair and credible elections without further delay is essential for fulfilling the political aspirations of the people of Maldives,” the Indian government stated.

UK Foreign Secretary William Hague last week called on presidential candidates in the Maldives to respect the democratic process “and create conditions for free, fair elections.”

“It is imperative that there are no further delays and the elections be free, fair and inclusive, and that international observers are invited,” the Foreign Secretary said.

“I note the Supreme Court’s annulment of the first round of Presidential election results in Maldives, despite the assessment by both international and domestic monitors that proceedings were transparent, fair and credible,” said Hague, in a statement.

Hague urged presidential candidate “to act in line with the interests of the people of Maldives”, and expressed hope “that the process will enable the President elect to be inaugurated by 11 November, in line with the constitutional framework.”

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“Which Maldivian would accept an election in which the voter registry is tampered with?” asks Gasim

The Jumhooree Party (JP) has joined the Progressive Party of the Maldives’ (PPM) in refusing to approve the presidential election’s voter registry, narrowing the chances for elections to proceed as planned tomorrow (October 19).

Speaking to the press this evening, JP presidential candidate and resort tycoon Gasim Ibrahim questioned the accuracy of the voter registry, the security of the Election Commission’s (EC) database, and said the party requires at least two days to check and approve the revised registry.

“If an election is held tomorrow in violation of the Supreme Court ruling, it is without doubt an unlawful election. We cannot give space for such an election. And how can we support such an election?” Gasim said.

On October 7, Supreme Court annulled the first round of presidential elections held on September 7 after the JP filed a complaint alleging widespread electoral fraud.

“Who, which Maldivian, would accept an election in which the voter registry is tampered with? And in which place do things happen like this?” he said today.

The JP had narrowly placed third with 24.07 percent of the vote – only 2677 votes behind second placed PPM’s Yameen Abdul Gayoom.

The Supreme Court gave the EC a 12-day time limit to hold a re-vote, and delineated 16 guidelines which including compiling a new voter registry, a new re-registration process, and approval of the voter registry by all candidates contesting in the election.

PPM and JP representatives failed to turn up at the EC to approve the voter registry this morning. The EC said it has called, texted, and sent officials to individual’s houses but had received no answer.

According to the EC, the JP had said the party would sign the registry when the commission presented a hard copy of the final voter list and verified five percent of over 70,000 re-registration forms.

The EC has also said the verification of re-registration forms is “impossible” as the commission does not have the capacity or time to do so. The Maldives Police Services had previously said that crosschecking a single fingerprint required five minutes.

The re-registration forms have fingerprints of four different people – the voter, two witnesses and the bearer who submitted the form to the EC.

The Supreme Court guidelines do not say what the EC must do should candidates refuse to approve list.

Gasim said the EC must go to the Supreme Court to find a solution if the commission was unable to hold elections in the specified time limit, while the EC has said it will proceed with elections if all parties have signed the registry before polling booths open at 7:30am tomorrow.

The Maldivian Democratic Party (MDP), Department of National Registration (DNR) and EC officials are currently at the EC offices to approve the lists.

Two days to check the register

Speaking to local media, Gasim’s representative to the EC Umar Naseer said the JP had received the final voter registry at 4:03 pm today, but said the party required two days to check and approve the voter registry.

“Even though we have received the list, we need at least two days to check the list. We will physically check the list. We will go to the houses of 100 people on the list and check if they are in their houses, and if they are not, we will verify if they indeed live in those houses. We will use our campaign offices in the islands to do that,” Naseer told Sun Online.

Naseer also said the party is concerned over the security of the EC database. JP MP Riyaz Rasheed had previously alleged that rival Maldivian Democratic Party (MDP) was accessing the EC’s servers and changing the registration status of voters.

The PPM has also said the party would not sign the voter registry unless the list is free of any errors. The party claims the EC had failed to respond to “numerous complaints and concerns.”

“We will not sign a bundle of papers held out to us by the Elections Commission (EC) without having seen for ourselves what exactly is in them,” PPM Deputy Leader and MP Abdulla Abdul Raheem stated at a press conference held on Friday.

Meanwhile, the MDP’s presidential candidate and former president Mohamed Nasheed called on EC President Fuwad Thowfeek to proceed with the presidential election if the Supreme Court fails to clarify what the EC must do when presidential candidates refuse to approve the registry.

Speaking to the press outside the EC today, Nasheed said that an election by October 20 is “paramount” to the Supreme Court guidelines, and hence the EC must proceed with elections preparations and stand ready to hold elections as scheduled until the Supreme Court clarifies what the EC must do, or until the PPM and JP approve the list.

“One of the views is that there is an obligation on the Elections Commissioner to have the elections on the 19th by the Supreme Court order. There are altogether 16 points in the guidelines. One of the points is to have the elections. Of course that is the most paramount of all the guidelines, just to have the elections. In having the election, the Supreme Court goes on to say what else has to be done. One of those things is to get the candidates to sign the voter’s list.”

“My view is that the Elections Commissioner must be ready and all the voting booths must be open at the time, but voting can begin when the Supreme Court either clarifies what they are talking about, which is signing the list or when the candidates sign the list,” he said.

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