Tag: maldives news

EC dismissals: Translation of Supreme Court verdict

The following is an unofficial translation of the Supreme Court verdict removing Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts for contempt of court.

While the verdict delivered in court included an order for the relevant authorities to investigate EC members for contempt of court “through criminal justice procedures,” the copy of the verdict later shared with media did not include such an order.

The Supreme Court has reportedly insisted that there was no difference between the verdict read out at court and the copy shared with media hours later.

Although Minivan News attended the trial, the reporting of the sentencing was based on the consensus of journalists in attendance after confusion concerning the jail sentence.

Local media reported without exception that all four EC members were sentenced to jail. However, the verdict later shared with media stated that only Fuwad Thowfeek was sentenced.

Meanwhile, Thowfeek as well as observers from civil society organisations inside the court room were under the impression that both Thowfeek and Fayaz were sentenced.

“The Supreme Court said they are giving six months jail term to Vice Chair Fayaz and me and that will be executed after a three year period and that we have been removed from out position in the elections commission and we are no longer Elections Commission members,” Thowfeek told Minivan News last night.

Contacted by Minivan News today, a Supreme Court media official declined to confirm or deny any discrepancies. The full judgment (Dhivehi) including the reasoning and dissenting opinions was uploaded to the Supreme Court website today.

Verdict:

Whereas the right to vote in elections and public referendums and to take part in the conduct of public affairs directly or through freely chosen representatives is guaranteed for every citizen of the Maldives 18 years of age or older by Article 26 of the constitution of the Republic of Maldives; and while ensuring that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption is stipulated by Article 170 of the constitution; and as the Elections Commission had not complied with both the Supreme Court judgment in case number 2013/SC-C/11 that struck down articles eight and 11 of law number 4/2013 (Political Parties Act), which required a minimum of 10,000 members to register and operate a political party, since it was in conflict with both the constitution of Republic of Maldives as well as practices of developed democratic societies in the world, and the Supreme Court order 2014/SC-SJ/01 – issued after the Elections Commission announced its intention of dissolving political parties with less than 3,000 members in violation of the judgment delivered in the case – ordering the Elections Commission not to dissolve political parties already registered in the Maldives despite not having a minimum of 3,000 members for reasons specified in Supreme Court case number 2013/SC-C/11, stating that dissolving parties already registered on the basis that a political party’s registry should include 3,000 members would be a violation of the constitution and the judgment in the Supreme Court case number 2013/SC-C/11, and that parties registered under the previous political parties regulation will continue to exist without being dissolved; and as the Elections Commission’s senior officials have openly displayed disobedience to articles 141(c) and (d) and 145 (c) of the constitution and articles 20(b) and 77‡‡ of the Judicature Act through the media and challenged the Supreme Court’s rex judicata [a matter already judged] judgment in case number 2013/SC-C/42 as well as the orders related to the 2013 presidential election that were issued to protect the basic rights guaranteed by the constitution for Maldivian citizens, to uphold the rule of law, to protect the constitutional right of Maldivians to vote in elections, and in public referendums, conducted freely and fairly, without intimidation, aggression, undue influence or corruption and to guarantee that elections are held under the conditions specified under Article 170 of the constitution, obstructed justice and brought the court into disrepute, in addition to the commission’s President Fuwad Thowfeek’s statements made during the trial against the Supreme Court’s procedures and jurisdictions, which held the court in contempt, and since these actions of Fuwad Thowfeek are such that it could diminish the dignity of the courts stated in Article 141*(c) and (d) of the constitution, [we] sentence Fuwad Thowfeek of Ma. Thalhamudhige to six months imprisonment under Article 88(a) of the penal code, and order that the enforcement of the sentence be delayed for a period of three years, with reference to Article 88 of the Supreme Court regulations, under the Supreme Court’s powers and responsibilities granted by articles 11††(1)(2)(3), 9(f) and 22‡of the Judicature Act to establish justice, prevent the misuse of the judiciary and uphold the honour and dignity of the judiciary as stated in Article 141 of the constitution; and since after assuming the responsibilities of their posts with an oath to uphold the constitution, the Elections Commission’s President Fuwad Thowfeek and Vice President Ahmed Fayaz, who have to bear the responsibility of running the Elections Commission in accordance with the law, stepped aside from fulfilling their legal responsibilities, challenged and disobeyed judgments and orders issued by the Supreme Court in its capacity as the guardian of the constitution and laws, (we) determine that Elections Commission President Fuwad Thowfeek of Ma. Thalhamudhige, and Vice President Ahmed Fayaz of M. Hazaareevilla, must legally bear responsibility as the two seniormost officials of the commission for disobeying and challenging Supreme Court judgments outlining the legal perspective as well as the court’s orders, and since these actions contravene Article 145 (c)** of the constitution and Article 20 of the Judicature Act and diminishes the dignity granted to the court by Article 141(c) and (d), [we] declare that Elections Commission President Fuwad Thowfeek of Ma. Thalhamudhige, and Vice President Ahmed Fayaz of M. Hazaareevilla, have lost the right and legal status to remain members of the commission and that the pair’s seats on the commission have become vacant, under the powers and responsibilities granted to the Supreme Court by articles 11(1)(2 (3), 9(f)† and 22 of the Judicature Act to establish justice and prevent the misuse of the judiciary and to uphold the honour and dignity of the judiciary as stated in Article 141 of the constitution and with reference to Article 88 of the Supreme Court regulations ; and [we] order the executive, parliament and the Elections Commission to complete all the necessary arrangements for conducting the People’s Majlis elections which are to be held in 2014 on the date for which it has been scheduled within the next six days (including holidays), and order the Elections Commission and all relevant state institutions to hold the election as planned.

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*Article 141 of the constitution states, “(a) The judicial power is vested in the Supreme Court, the High Court, and such Trial Courts as established by law (b) The Supreme Court shall be the highest authority for the administration of justice in the Maldives. The Chief Justice shall be the highest authority on the Supreme Court. All matters adjudicated before the Supreme Court shall be decided upon by a majority of the judges sitting together in session (c) No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts (d) Persons or bodies performing public functions, through legislative and other measures, must assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.

**Article 145 (c) states, “The Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law.”

†Article 9(f) of the Judicature Act states that the Supreme Court’s jurisdiction extends to “all matters adjudicated by the Supreme Court under the powers bestowed upon the court as the highest authority for the administration of justice.”

††Article 11(a) states, “The Supreme Court has the jurisdiction to adjudicate on constitutional issues with the following characteristics as matters within the inherent jurisdiction of the Supreme Court: 1. An issue with legal reasons which may send the country into a constitutional void or remove it from the constitutional framework; or 2. A dispute between two powers or institutions of the state regarding the interpretation of the Constitution; or 3. A constitutional issue concerning public interest of the nation.”

‡Article 22 states, “In addition to the powers conferred on the Supreme Court in its own right by the constitution and the jurisdiction of the court laid out under various articles of this Act, the Supreme Court has the jurisdiction to do the following: a) The power to give all orders under this Act and the Supreme Court Regulation, relating to a matter ora case submitted to the court, and to administer justice with regard to such matters or cases, and to take necessary actions to prevent the misuse of the judicial system and to uphold the confidence in the judicial system, b) In its own initiative or at the behest of a concerned party, in order to administer justice and to prevent the exploitation of the judicial system the power to issue various orders in accordance with the law, if any party is found to have violated this law or any principles of the Supreme Court regulation, c) In accordance with the law and regulation, the power to summon people in relation to a case or matter submitted to the Supreme Court, d) In relation to a case or matter submitted to the Supreme Court and for the purpose of finding the truth or any facts surrounding the case, the power to pose any question to any witness or party to the case at any time or in any manner, e) The power to issue an order requesting for the submission of any document required by the court in relation to a case or matter submitted to the Supreme Court.”

‡‡Article 77 states, “In carrying out the ruling of a court if it has not be delayed by that court or a court where the case was appealed, the ruling of every court is binding towards, the executive,parliament, the judiciary, persons in independent positions, state institutions, persons fulfilling state positions, the security service sector composing of the police and defence force and all other members of the public.”

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EC dismissals: MDP condemns, government coalition commends decision

Following the Supreme Court’s removal of Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts, responses have come from across the political spectrum.

While coalition partner Jumhooree Party (JP) leader and tourism tycoon Gasim Ibrahim has spoken in support of the court’s decision, senior members of the opposition Maldivian Democratic Party (MDP) have condemned the verdict, with former President Mohamed Nasheed appealing to the public to stage demonstrations.

Meanwhile, the government has announced that it will proceed with setting in place arrangements to ensure that the upcoming Parliamentary elections are held on schedule on March 22.

Verdict must not be challenged: Gasim

Gasim has stated that no one holding any state position should challenge the verdict of the apex court, which he has claimed demonstrated that no one in any state position can act against any decision of the Supreme Court.

Speaking at an event held at the JP’s central campaign office Kunooz on Sunday night, he asserted that the verdict was the direct result of the actions of EC President Fuwad Thowfeek. Fuwad himself had admitted to having acted against the orders of the Supreme Court, he added.

“The reason why I am praising the decision of the Supreme Court is because, in order to maintain national unity and peace, this verdict has demonstrated that no one can act in breach of the rule of law,” Gasim is quoted as saying in local media.

Gasim stated that the final decisions lie with the apex court, and no one – including the parliament – can challenge these decisions. He called upon those displeased with the court’s verdict to “adopt the way of peaceful dialogue instead of taking to the streets and protesting”.

Nasheed calls on citizens to protest

Speaking at a political rally in the island of Dhihdhoo on Sunday night, former President Mohamed Nasheed described the verdict as “unconstitutional” and called on citizens to come out in protest.

He stated that it was the saddest moment in the constitutional history of the Maldives, accusing the apex court of “undermining the constitution which consists of high hopes of the citizens” and of “stripping independent commissions of their powers”.

“Tonight we are seeing the Supreme Court undermine the constitution of the Maldives by leaving the EC powerless and sentencing its president and vice president to jail.”

“It is the parliament that is tasked with oversight of the work of the EC. The constitution very clearly states this. Tonight we have seen [the Supreme Court] attempt to undermine the hopes of a large number of citizens”.

Nasheed stated that the new constitution of the Maldives was set in place and accepted by the people due to the bitter experiences that they had previously known.

“It was because injustice, discrimination, and inequality had settled among us to alarming extent. The Maldivian people wanted to enjoy the country’s richness to its full extent, Maldivians wanted to enjoy the certainty of having human rights safeguarded at its fullest. They wanted justice to be served in the Maldives.”

“If the elections are not held in a free and fair manner, then the resulting government will not be free or fair either,” Nasheed stated, calling on citizens to get strength from one another, to overcome their fears, and to come out in protest against the Supreme Court’s decision.

Nasheed said that the MDP needed to decide whether it will participate in the upcoming parliamentary elections. A meeting of the party’s National Council will take place at 9pm tonight.

Party Chairperson ‘Reeko’ Moosa Manik questioned whether the court had the authority to remove members of the EC, whilst Spokesman Hamid Abdul Ghafoor described the decision as “evidence that we will not see a free and fair election in this country”.

Will take necessary action to implement SC verdict: Government

The government has meanwhile stated that it will take all necessary action to implement the Supreme Court verdict without delay.

“The government will not criticize or challenge this verdict. In the current system of governance, the executive’s role is to implement whatever responsibilities that such an order places on us without further delay. We will proceed to do just that,” President’s Office Spokesman Ibrahim Muaz Ali stated.

The president will work on sending names for the vacant EC posts of the parliament as soon as possible, he said, noting that the court’s verdict ordered the elections to go ahead on schedule.

“The government believes that the parliament should also cooperate in such matters. The sad thing is that this is not the spirit we are seeing from the parliament,” Muaz stated, expressing concern about the delay in parliament in appointing a member to the previously vacated EC position.

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Human Rights Commission receives Juvenile Court summons

The Human Rights Commission of Maldives (HRCM) has been summoned to the Juvenile Court for a report that gave a “negative impression” of the court’s conduct during the sentencing of a 15 year old rape-victim to flogging and house arrest.

Following the release of the confidential report, the Juvenile Court has sent an order to every individual involved from the HRCM, summoning them to a court hearing this Wednesday (March 12) at 1:30pm.

The HRCM stated that they will release an official press statement after the court summons this Wednesday.

On February 26 2013 the Juvenile Court convicted the 15 year old girl on the grounds of fornication and sentenced her to 100 lashes and 8 months house arrest. The case attracted global concern from both local and international organisations, and the charges were later annulled in August of the same year.

Although the sentence was eventually annulled, the case attracted international attention to the Maldives’ juvenile court system and their policies in dealing with victims of sexual abuse.

Speaking with Minivan last year, HRCM member Jeehan Mahmoud said that the sentence represented a “continuous failure” on behalf of the whole state to protect children and other victims of sexual abuse.

The HRCM submitted an investigative report on how the court handled the case, taking into account safeguards, rights, and protections afforded to a victim of child abuse under the Maldivian constitution, Islamic Shariah, and international human rights standards.

Spokesperson for the Juvenile Court Zaima Nasheed explained that some points outlined in the HRCM report were not reflective of how the court conducted its work. She noted that it portrayed a negative impression of the court and tried to exert undue influence on its work.

Zaima added that the HRCM did not hold any discussions or ask for any questions from the Juvenile Court while they were compiling their review.

The Juvenile Court wished to clarify that they sent a letter to the HRCM last month to arrange a meeting, though the commission said that it would not be able to attend.

Following this, the court compiled a written document with all of its concerns and shared this with the HRCM. In addition to this, the court asked to meet again with the HRCM yesterday (March 9) at 10am. The HRCM did not respond to the letter and failed to attend the meeting, said Zaima.

In light of this, the HRCM was in breach of the constitution’s Articles 141, said Zaima. These state that no officials performing public functions can “interfere with and influence the functions of the courts”, instead they must “assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.”

Following the 15 year-old’s conviction, local NGO Advocating the Rights of Children (ARC) called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims.

ARC also previously called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

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Fishermen to protest EU fish import policy

Vice President of the Maldives National Chamber Of Commerce and Industry (MNCCI) Ismail Asif has today said that Maldivian fishermen are going to stage a protest against the EU.

The protest is to express concern regarding the decision made by the EU not to extend the duty-free status of imported fish from the Maldives, following the country’s failure to comply with international conventions concerning freedom of religion.

Speaking at a press conference yesterday Asif claimed that the EU was attempting to take advantage of the country’s delicate economy and force certain policies on the Maldives.

”The MNCCI had tried to talk with the EU regarding the issue but the EU declined to go for negotiations,” he said, adding that the EU was trying to spread policies that Maldivians do not accept under the guise of human rights.

”But they never directly tell us that their issue is that the Maldives does not have religious freedom,” Asif said.

“They always say under this article of that convention or something like that.”

Asif questioned the capacity in which EU was here in the Maldives and said he will ask the government why the EU was brought here and why the government had given opportunity for such a dangerous group of people.

The EU yesterday revealed details of its first full EU Election Observation Mission to take place in the Maldives, with around 30 observers working to compile a comprehensive report on the entire Majlis elections process.

Asif said the EU delegation might go back and write another report and start taking actions against the country. He suggested that democracy – which he argued was more than observing elections and criticising – could only be strengthened after stabilising the economy of the country.

Businessmen in the Maldives are very concerned that an EU delegation had come to the Maldives after taking measures that would harm the economy of the country, Asif said.

”While they had taken these actions against us they did not consider that the Maldives is the country that does fishing the most environmentally friendly way,” he said.

The EU was doing anything they want to the Maldives because it is a small country, he argued, adding that all they do is provide funds for local NGOs to spread their propaganda.

”Maldivians can decide anything they want to decide when they want to decide it,” he said.

The Maldives exports 40 percent of its US$100 million fishing industry to the EU, its single largest export partner by value.

Until January 2014 those exports were duty-free under the Generalised System of Preferences (GSP) program, a non-reciprocal trade agreement extended to developing countries.

The Maldives applied for an extension under the ‘GSP+’ program, a unilateral trade concession of the EU given to a limited number of countries on the basis of good implementation of human rights are labor conventions, officials said, however did not qualify due to the country’s reservations to ICCPR on religious freedom and CEDAW concerning women’s rights.

The total fish catch has been declining each year since 2006 reaching 83.1 thousand metric tonnes in 2011, leading to fears about the impact of climate change and overfishing by better equipped fishing fleets on the borders of the Maldives’ Exclusive Economic Zone (EEZ).

In November last year, the government said that the Maldives will look to alternative fish export markets, including the middle-eastern and the Malaysian market.

Asif was unavailable for comment when contacted by Minivan News today.

Under the Maldivian constitution all citizens are required to be Sunni Muslim and the practice of other religions is criminalised. Customs authorities forbid the import of religious items and scan the baggage of tourists arriving at the airport, while politicians frequently use allegations of ‘consorting with missionaries’ as a political attack.

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Alleged calls between EC Chair Thowfeek and former President Nasheed leaked

Following the Supreme Court’s verdict removing Elections Commission (EC) President Fuwad Thowfeek and his deputy Ahmed Fayaz from their positions, an alleged phone call between Thowfeek and former President Mohamed Nasheed has been leaked on social media.

The approximately 3 minute long recording consists of Thowfeek and Nasheed allegedly speaking on two different instances. The first conversation appears to involve Thowfeek expressing concern that the court was looking into the case against the EC, and the second focuses on the re-registration to various constituencies of people on the municipal register.

In the first call, the voice alleged to be Thowfeek’s states that “the Supreme Court has once against started on one of its games”, opining that it posed challenges in the work that the commission is conducting in preparation for the parliamentary elections.

While half of the response – alleged to be Nasheed’s – is unclear, he can be heard as saying that he has been made aware of the matter and is thinking about it.

The second call – seemingly initiated by Nasheed – consists of Nasheed calling Thowfeek and speaking about those on the municipal register being redistributed to various constituencies.

“Some of our members went to discuss the matter of the municipal register border, didn’t they? It was agreed then that Maafannu will be kept as in the final report, yes? In short, it was agreed that some changes will be brought to Henveiru and the remaining people on the register will be distributed to the four constituencies of Maafannu, yes?” the voice alleged to be Nasheed’s is heard saying.

The respondent in the recording is then heard to say: “Yes yes, the current borders are something that everyone has agreed on.”

The first voice then inquires, “have any additional changes been brought to the list later on the request of Maafannu Hulhan’gu constituency’s MP Abdulla Abdul Raheem?”

Thowfeek responds saying that no such changes had been brought, but that Abdul Raheem had come to the commission and made many comments.

“I deliberated with various politicians about my concerns”: Fuwad Thowfeek

Thowfeek has responded to the leaked audio, speaking to local media Haveeru today (March 10).

He stated that in various instances, he had deliberated about numerous concerns that arose during his work at the Elections Commission, with numerous political actors.

He detailed that he had spoken of his concerns regarding the Supreme Court’s case against the commission with various politicians, including former President Nasheed.

“I also shared this concern with President Abdulla Yameen through a text message. In that same manner, I shared my concerns with Nasheed too,” he is quoted as saying.

Regarding the conversation about the municipal register, Thowfeek stated that various politicians had visited the commission and held a number of different discussions on the matter.

He said that he had addressed any questions that politicians had about how the commission had sorted out the matter of the register, and had clarified any doubts they might have had.

In this manner, he had offered clarifications to Nasheed, as well as to various members of parliament via phone or through their visits to the commission offices.

“This includes members from all political parties. This even consists of members who support the government. I do not see that there is any problem with offering clarifications about a matter to anyone,” he stated.

The full leaked recording can be listened to here.

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Maldives signs maritime cooperation agreement with India and Sri Lanka

Military leaders from the Maldives, India, and Sri Lanka have agreed to cooperate in order to increase security regulations on vessels that violate maritime laws.

The meeting took place at the third National Security Advisor (NSA) level Trilateral Meeting on Maritime Security Cooperation between the Maldives, India, and Sri Lanka on March 6 and 7 in New Delhi.

The agreement comprised of a number of steps, including information sharing, training in oil pollution response and cooperation in the legal and policy response to piracy.

Shivshankar Menon, chair of the meeting and Indian National Security Advisor stated, “the immediate threat that we have been facing in the last few years is piracy and that fortunately…is down. But, even though the number is down…that doesn’t mean the primary source of the problem, which is on land, has been solved. We need to keep putting in this effort.”

The next NSA meeting will take place in the Maldives.

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Supreme Court strips Fuwad, Fayaz of EC membership

The Supreme Court has stripped Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan of their membership in the commission and sentenced the former to six months in jail.

The jail sentence was however suspended for three years.

The Supreme Court judgment also ordered the executive, parliament and the EC to “make all necessary arrangements” within six days to conduct the parliamentary elections as scheduled on March 22.

According to article 175 of the constitution, at least three members are required to “constitute a quorum at a meeting of the Elections Commission, and any decision of the Elections Commission shall be taken by a majority of votes of the members present and voting.”

With the Supreme Court’s removal of the EC’s president and his deputy, the remaining members are Ali Mohamed Manik and Mohamed Farooq.

Thowfeek was sentenced under article 88 of the penal code, which states that it is an offence to “disobey a lawful order”.

The Supreme Court summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations that allow the apex court to initiate proceedings and act as both prosecution and judge.

Of the five judges on the bench hearing the case, Chief Justice Ahmed Faiz Hussain and Justice Adam Mohamed Abdulla issued dissenting opinions.

The majority opinion was formed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, and Justice Ahmed Abdulla Didi.

Delivering the verdict, Justice Saeed contended that EC members had “openly and systematically” brought the Supreme Court into disrepute, “deliberately challenged Supreme Court rulings” and “serially held [the court] in contempt” during press conferences.

The EC’s announcement for dissolving political parties without a minimum membership of 3,000 was in violation of the Supreme Court judgment that struck down articles in the Political Parties Act, the verdict stated.

Moreover, Fuwad Thowfeek’s public statements against the Supreme Court’s “procedures and jurisdictions” contravened the Judicature Act and constituted an act in violation of article 141 of the constitution – which states, “No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.”

The court determined that the president and vice president must bear responsibility for “disobeying and challenging” Supreme Court judgments and orders, which were issued in its capacity as “the guardian of the constitution.”

Fuwad and Fayaz’s actions also contravened article 145(c) – which states, “The Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law.”

The court ruled that the pair had “lost the right and legal status to remain members of the commission” and declared the seats vacant.

“Practical difficulties”

While testimony given to a parliamentary committee was used to implicate commission members of contempt of court at the second hearing, at the last hearing of the ‘sumoto’ trial on March 5 the Supreme Court imposed a travel ban on EC members pending a judgment.

Following the Supreme Court’s summoning of EC members last month, former President Mohamed Nasheed declared that the MDP will boycott the parliamentary elections if the court removes EC members.

The Supreme Court’s actions have also been been criticised by civil society and the European Union.

Speaking to Minivan News tonight, Thowfeek said he was unsure how the parliamentary polls could take place as scheduled in less than two weeks.

He noted that the president would have to invite applications from interested candidates for the three vacant EC posts and forward nominees to parliament, after which a parliamentary committee would evaluate the nominees ahead of a vote on the Majlis floor.

“It’s very difficult for me to say anything because the Supreme Court reason given for our punishment is because of when I spoke about the impracticality of the 16 point guidelines,” he said.

“When I talk about the practical difficulties, they say nobody is supposed to talk about the practical difficulties.”

Today’s Supreme Court judgment meanwhile stated that Thowfeek had admitted to attempting to hold the second round of last year’s presidential election despite a Supreme Court stay order halting the electoral process.

Following the first round in which former President Mohamed Nasheed emerged the frontrunner with 45.45 percent of the vote, third-placed candidate Gasim Ibrahim sought annulment of the results alleging widespread electoral fraud.

Pending a ruling on the business magnate’s appeal, the Supreme Court indefinitely suspended the second round scheduled for September 28 and issued a supplementary midnight ruling ordering the police and military to forcibly prevent the EC from conducting the polls.

The EC had said it intended to comply with the constitutionally-mandated deadline for the run-off, but was forced to capitulate after it was surrounded by special operations police with orders to storm the building, arrest officials and confiscate ballot papers.

On October 7, the Supreme Court annulled the results of the first round of the polls conducted on September 7 in a controversial 4-3 decision – citing a confidential police report – despite unanimous positive assessment of the polling by more than a thousand domestic and international election observers.

The eventual revote on October 19 was also obstructed by police, after Progressive Party of Maldives candidate Abdulla Yameen and Gasim refused to sign the voter registry – a requirement from a 16-point guideline imposed on the EC by the Supreme Court judgment.

* A previous version of this article stated that all four members were sentenced to jail. The Supreme Court verdict later shared with the media however stated that only Fuwad Thowfeek was sentenced.

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EU Election Observation Mission reveals monitoring plans

In preparation for the upcoming People’s Majlis elections, the European Union has implemented a full EU Election Observation Mission (EOM) in order to deter malpractice and support the democratic process.

The mission is led by Chief Observer Eduard Kukan – a member of the European Parliament from Slovakia and former Minister for Foreign affairs. Mr Kukan introduced the EU EOM at a press conference held in Malé today (March 9).

“The mission comprises of five election experts who are being joined by four long-term observers on 9th March. Some 20 short-term observers will be deployed closer to election day,” the statement read.

“This will be the first full EU Election Observation Mission to take place in the Maldives, and I hope that our presence will contribute to a peaceful and inclusive democratic environment for the benefit of the Maldivian people,” Mr Kukan added.

Prior to and during the elections, the observers will meet with everyone involved, and will look at the entire electoral process.

“The findings of the EU elections missions are based on verifying facts following an analysis of all technical aspects,” Mr Kukan noted.

The EOM is to work independently to give an “impartial, balanced and informed analyses of the elections”. In doing so, the mission hopes to monitor the extent to which the election complies with the country’s international democratic commitments and to domestic law.

Their findings will be published in a report intended to strengthen human rights and the rule of law, to deter malpractice, and to improve the electoral environment. The report will also make concrete recommendations to help improve the electoral framework.

The EU was invited to conduct the mission by the Maldives Election Commission (EC). This invitation was independent from any other government organisation, though the EOM has signed a Memorandum of Understanding with the Ministry of Foreign Affairs.

When Mr Kukan was asked if the Supreme Court charges against the EC will affect the forthcoming elections he stated, “we have to be very cautious.”

However, the mission head added that it would be inappropriate to give an assessment or any statement.

This will be the Maldives’ first full EOM, following the EU’s monitoring of the 2013 presidential election which the organisation – along with all monitors, domestic and international – described as “transparent and competitive”.

After the Supreme Court had begun investigating allegations of fraudulent voting, former Attorney General Dr Hassan Saeed, told the court that positive assessments of the September 7 presidential poll by local and international election observers “do not carry much weight”.

“Yes, I even agree that the voting process went very smoothly. But those foreign observers don’t know the depth of the issues. Their words do not carry much weight. Some of the elections which have been observed by the international observers, some people have died, but yet they have reported the election went smoothly,” Saeed told the court.

The Supreme Court subsequently annulled the first round of the election, imposing a set of 16 guidelines upon the future activities of the EC.

A preliminary statement of the current mission’s findings will be announced at a press conference to be held within two days of the elections, which take place on March 22.

Following this, a final report will be published two months after the elections.

The mission will operate in line with the “Declaration of Principles for International Election Observation”, which was adopted in 2005 by a number of international organisations at the United Nations in New York.

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Deputy PG calls on authorities to take religious extremism more seriously

Deputy Prosecutor General Hussein Shameem has called on authorities to take terrorism issues more seriously, noting the most common source comes from religious extremism.

”We should become more proactive and stop complaining about the missing laws,” he told Minivan News today. ”There are things we can still do to curb crimes although some of the necessary laws are still not passed.”

Shameem noted that the current Terrorism Act was adequate, but the lack of laws such as the Evidence Act was an issue.

Speaking at a ceremony held to commence a police terrorism-training course last night, Shameem told attendees that past incidents of terrorism occurred in the Maldives due to a lack of discussion on the issue of religious extremism.

While the absence of  laws to stop some types of crimes was a problem, Shameem stated that it was not a reason for police to stop work on combating them. He advised authorities to follow international best practice in a manner that respects suspects’ constitutional rights.

He also said that the police must be two steps ahead when laws pertaining to the issue come into existence in the Maldives.

Shameem’s comments echoed those of the Minister for Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed,who has also suggested that religious differences in the country could be solved “if we sit down and share religious information”.

The minister’s comments followed Malé City Council’s closure of the Dharumavantha Rasgefaanu mosque after the council received complaints from the Home Ministry that the mosque was being used by an extremist congregation who had been advocating for the destruction of the current government.

The congregation were praying that Allah would give victory against the “irreligious” government which attempts to obstruct the spreading of Allah’s message and to shut down mosques. Requesting victory, they also asked Allah to destroy and send his wrath upon military and police officers implementing the government’s orders.

In August 2013, Sheikh Shaheem had expressed concern that Friday prayers conducted in the mosque were not conducted by state authorised Imams.

Terrorist risk

In May 2013, the then-Chief of Defence Force Major General Ahmed Shiyam warned of a rising risk of terrorist attack in the Maldives, during a joint local and US military inauguration to establish a level of alerts for terrorism in the country.

Shiyam cautioned against assuming the country was completely safe from terrorist attacks simply based on the fact that no major terrorist activities have been uncovered in the country to date, warning there was an increased risk attacks stemming from “religious extremism and political turmoil”.

“Some [Maldivian] youth have already joined up with terrorist organisations. They are now travelling to various war zones and locations and enrolling in a number of terrorist training camps,” said Shiyam.

“Although some of these youth have managed to travel back to this country, the whereabouts of others remain unknown. This is a warning sign of how terrorism is spreading across our country,” Shiyam said at the time.

He also said that it was immensely important for the security forces to be well-trained in counter-terrorism measures and to ensure the forces remain ready to respond should such an incident occur.

In April 2013, an article published by the Combating Terrorism Center (CTC) entitled ‘The Threat from Rising Extremism in the Maldives‘ stated that in April 2006, a Maldivian national, Ali Jaleel, and a small group of jihadists from the Maldives attempted to travel to Pakistan to train for violent jihad in Afghanistan or Iraq.

The only incident of a terrorist attack on Maldivian soil was the Sultan Park bombing in September 2007.

A bomb exploded in the Malé’s park, wounding 12 foreigners. The three men arrested and later jailed for the bombing confessed that their goal was to “target, attack and injure non-Muslims to fulfill jihad,” noted the CTC report.

After the investigations of security services led to Darul-Khair mosque on Himandhoo Island, police were confronted by 90 islanders, who had armed themselves with batons and knives, vowing to defend the mosque to the last man.

In the ensuing skirmish, a soldier was taken captive and another’s hand was severed. Shortly afterwards a video discovered on an Al Qaeda forum was found to contain footage taken inside the Dhar-al-khuir mosque moments before it was raided by police.

Evidence suggests that three Maldivian jihadists planned to establish a terrorist group in the country around 2007-2008 and send members for military training in Pakistan.

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