EC maintains impossibility of expedited election after government request

Elections Commission (EC) President Fuwad Thowfeek has told Minivan News he does not believe it is possible to expedite the fresh round of presidential elections – currently scheduled for November 9 – despite requests to do so from the government and the three presidential candidates.

The candidates held a meeting on Sunday evening, agreeing to ask the EC for a November 2 poll. The EC, however, rejected the request stating that the commission does not have the facilities to do so in such a short period of time.

Vice President Mohamed Waheed Deen held discussions with the EC today (October 29), requesting – on behalf of the government – that the election date be brought forward.

Meeting at the EC offices, in addition to asking for an expedited poll, Waheed Deen enquired as to whether the EC needed further support to go forward with early elections.

“I have come here today to ask the EC what the government can do for them, whether we need to empty out some state institutions and give the EC extra space, or find more staff members for them,” Waheed Deen is quoted as saying to local media.

The Vice President is further quoted as saying that the commission members came across as being “very positive” in today’s meeting, and that they would get back to the government “very soon” with a list of what they require.

Waheed Deen further said that although he understands that there are some difficulties in bringing the polling date ahead from November 9th to the 2nd, he believed that it is possible to hold elections “somewhere around the 5th”.

President’s Office Media Secretary Masood Imad told Minivan News today that he has not received any information on the matter.

Earlier this afternoon, he was quoted in local media as confirming that the government had decided to give all possible assistance to the EC to speed up the preparations.

Masood was further quoted as saying that the government would like elections to be held in a manner which is in the best interests of the nation and to elect a president by November 11.

Earlier poll impossible, regardless of additional resources: Thowfeek

EC President Fuwad Thowfeek, however, feels that there is no possibility of bringing the date forward regardless of the support promised.

“In today’s meeting, we did provide them with all possible information that they requested for. However, since this is something we do together with the citizens, I do not believe it will be possible to bring the polling date forward, despite the offer to provide us with more resources, funds, equipment or manpower,” Fuwad told Minivan News today.

The EC announced November 9 as the date for a fresh first round of elections after the police forcibly brought a Supreme Court ordered re-vote to a halt on October 19.

The commission said then at the timea that if a second round was necessary, it would be held on November 16, 5 days after the date constitutionally mandated date for the swearing in of a new elected president.

At the time, EC President Fuwad Thowfeek said that the commission had held discussions with the president, the cabinet, and political parties on the earliest possible date for a new election before deciding on the date.

“We have said, when we get to a certain point, when a certain party doesn’t do what they must do, it should not affect the entire election. If that is the case, we will never be able to hold an election,” he said then, referring to the police obstruction of polls after Progressive Party of Maldives candidate Abdulla Yameen and Jumhooree coalition candidate Gasim Ibrahim failed to sign on the voters’ registry as mandated by the Supreme Court’s 16 point guideline.

“They assured us that they will not allow for these kind of obstructions in the upcoming election. Ministers have given us commitment that they will find a solution and facilitate this. That is why we have started work again.”

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Four minors arrested with stolen items in Gemanafushi Island

Four minors have been arrested on the island of Gemanafushi in Gaafu Alifu Atoll with stolen items.

Police said that the stolen items were found inside one of the minor’s house.

According to police, they allegedly stole a sound system, CD player, one diving torch, as well as the batteries, charger and bulbs for the torch.

Police said the four minors were aged  between 15 and 16.

Gemanafushi police station is investigating the case.

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Man arrested for smuggling drugs into Dhangethi Island

Police have arrested a man on charges of attempting to smuggle illegal drugs into the island of Dhangethi in Alifu Dhaalu Atoll.

According to police, the man was aged 26 and was arrested on October 27 whilst he was inside a boat that arrived at Dhangethi from Male’.

Police said that when he saw the police officers he threw a pack of cigarettes into the sea which police subsequently discovered to contain illegal drugs inside it.

Dhangethi island police are investigating the case.

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Unknown pills discovered inside Majlis coffee machine

MPs have today revealed the discovery of an unknown type of pill in a coffee machine inside the parliament.

At about 11:23pm Dhivehi Rayyithunge Party MP Rozeyna Adam tweeted pictures of the pills, statng that MPs’ lives were at risk.

According to Rozeyna, after a few minutes a police forensic team went to the parliament to investigate the case, although she went on to question whether opposition MPs could trust them.

Maldivian Democratic Party MP Eva Abdulla wrote on her twitter page that the lady working at the parliament had noticed the coffee inside the machine was discolored. When she threw it away she found the pills in the drainage.

The parliament secretariat has issued a statement confirming the allegations.

The parliament said that police and Maldives National Defence Force are investigating the case.

Speaking at parliament today, Eva expressed concern with similar incidents occurring in the run-up to no-confidence votes against cabinet ministers and called for a prompt investigation.

The Inter-Parliamentary Union has recently written to the Speaker of the Majlis requesting an urgent visit to the Maldives in order to ensure that MPs can  work “unhindered, without fear of intimidation and harassment or attack on their physical integrity”.

Eva noted that the security cameras near the room where the coffee machine was kept has not been functional for some time despite repeated requests to fix them.

A source within the parliament today told Minivan News that the pills appear to be a laxative called Dulcotax.

The incident occurred while MPs were debating the no-confidence motion against Attorney General Azima Shukoor, which was eventually passed.

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Attack on Indian High Commissioner’s car branded “cowardly” by President’s Office

An attack on the official vehicle of the Indian High Commissioner to the Maldives has been described as “cowardly” by the President’s Office.

The rear window of High Commissioner Rajeeve Shahare’s car was smashed yesterday evening whilst parked outside of the High Commission in Male’.

A statement released by the Indian High Commission describes the attack, whilst noting that a police officer was observed by High Commission security staff as witnessing the attack but failing to react.

“The Indian High Commission security guards observed on the close circuit TV that the culprit purposefully approached the Indian flag car, pelted two metallic objects at the car one of which smashed the rear windshield, and ran away thereafter,” said the statement.

“It is evident that there was malicious intention to cause damage to the property and perhaps to the occupant of the car. Importantly, the High
Commissioner was in the car just a few minutes before the attack,” it continued.

The attacked was reported to police at around 6:45pm yesterday.

The President’s Office today assured that such attacks against foreign diplomatic personnel and property would not be tolerated.

“The close and friendly relation that exists between the Maldives and India is based on mutual respect, understanding and reinforced by a shared vision of a better future for our people,” it continued.

“The government and the people of the Maldives deeply appreciate the immense contributions made by India towards the development of Maldives and consider India our closest ally. The Maldives’ government is confident that the close relations that exist between our two countries will continue to strengthen.”

The incident had also received widespread condemnation from both sides of the political divide in the Maldives, with both former Presidents Maumoon Abdul Gayoom and Mohamed Nasheed taking to social media.

Police have called for public assistance in tracking down the perpetrators.

“Any person who steps forward to provide any information will be given all due protection to ensure their safety,” read a police statement.

The Maldives’ traditionally close ties with India have come under increasing strain under the current government, with the cancellation of the deal to develop Ibrahim Nasir International Airport  in December 2012 the most contentious issue.

The 25 year, US$500million, lease signed with Indian infrastructure company GMR was terminated after a long and at times xenophobic campaign from government aligned parties.

The campaign sparked a diplomatic row after President’s Office spokesman Abbas Adil Riza accused Indian High Commissioner D.M. Mulay of being a “traitor and enemy of the Maldives and the Maldivian people”.

The President’s Office quickly distanced itself from these remarks. Both men have since left their posts.

GMR is currently seeking US$1.4billion in compensation in a Singaporean court of arbitration – a figure greater than the Maldives’ annual state budget.

On February 15 this year, the Indian government revoked a special quota afforded to the Maldives for the import of aggregate and river sand, resulting in a weakening of the construction sector in 2013.

The Indian High Commission itself became the scene of political drama as former President Nasheed temporarily sought refuge inside the diplomatic mission after police attempted to arrest him to ensure his appearance in court.

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“We in the EU should apply maximum pressure to reverse this judicial coup,” says European MP

Charles Tannock, Conservative Member of the European Parliament (MEP) has told a plenary session of the EU parliament in Strasbourg that organisation should apply “maximum pressure”  to reverse what he described as a “judicial coup” in the Maldives.

“The people of the Maldives deserve better than this: they must have their voices heard, and their decisions respected. The constitutional crisis in Male which looms if a new President is not elected before the current President’s mandate expires could spell disaster for this small but dignified nation,” Tannock told the 766 member legislature.

The MEP went on to call for politicians to put the interests of their country ahead of their own careers and “a small band of disfavoured elites allied to ex-President Gayoom and Islamist parties, who determine the country’s future.”

“I believe the Maldives could face a very strong and unwelcome response from the international community if these failings are not mended, he told journalists following the session.

“I am sure that no regime there would find it comfortable if governments began advising their citizens not to visit as tourists because of the dire state of human rights including particularly women’s rights and the lack of basic democratic freedoms.”

EU High Representative Catherine Ashton said she was “deeply concerned” following the most recent delay in the Maldives presidential elections.

“The EU reiterates its confidence in the impartiality and efficiency of the Maldivian Election Commission. It recalls that elections cannot successfully be held if the process can be repeatedly brought to a halt through legal injunctions,” she said in a statement.

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Police unable to summon MP from refuge in Majlis

Additional reporting by Zaheena Rasheed

The Criminal Court cancelled this morning’s hearing into the case of Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor who is being charged with refusal to provide a urine sample.

The Police told the Criminal Court they are unable to summon Ghafoor as per the arrest warrant because the MP is  currently residing within the inviolable premises of the People’s Majlis.

In reply to a police request to detain Ghafoor, the Majlis Speaker Abdulla Shahid, in reference to Article 11 of the Parliamentary Privileges Act, told the police an MP cannot be summoned to court when Majlis sittings or parliamentary committee hearings are scheduled.

The speaker warned such an act is punishable by law, stating: “Any act that violates the People’s Majlis immunity, honor and functioning and committed in contravention to the [Parliamentary Powers and Privileges] Act will breach the Majlis privileges.”

He also stressed that the time at which today’s trial was scheduled is the normal time parliament sittings have started every day since May this year.

Last Thursday, the Criminal Court issued a warrant to arrest and summon Ghafoor to the court, but the MP took refuge in the parliament building on the same day. Ghafoor is also being charged with possession of alcohol. He was arrested along with MDP MP Abdulla Jabir and eight others on Hondaidhoo Island in November last year

Speaking to Minivan News on Sunday inside the Majlis courtyard, Ghafoor said the courts were on “a personalized hunt” for him, and were not following due process.

Investigations into the case had been concluded a year ago. But the trial was suddenly being fast tracked to influence the MDP’s current majority in parliament, he alleged.

The Supreme Court on Thursday stripped MDP MP Ali Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their seats, though the Parliamentary Privileges Committee said they do not accept the “politically motivated” ruling.

When Azim attempted to attend Saturday’s parliamentary sitting, the Maldives National Defense Forces (MNDF) – in absence of instruction from the Speaker – stormed the building, removing Azim from the Majlis premises and turning him over to the police. Azim is currently being detained for allegedly assaulting an MNDF officer.

The police had previously arrested Ghafoor on October 7 to produce him at court.

“I’m being hunted by a corrupt judiciary”

“I’m not dealing with a court. I’m dealing with thugs. They have got armed people to produce me in court. There are no procedures. No norms,” said Ghafoor.

Recounting his treatment on Hondaidhoo Island on November 16 2012, he said that black clad police had stormed a private island, swimming onto the island’s beaches from the ocean at 4:00 am.

“They had lights on their foreheads so we could not see their faces. They came up from behind us, handcuffed us and threw us to the ground. They pushed our faces in the sand and kicked us with their boots,” Ghafoor said.

The Police Integrity Commission (PIC) launched an investigation into police conduct on Hondaidhoo Island and found the police guilty of assault of MPs Jabir and Ghafoor.

In August this year the PG filed charges against Jabir, Ghafoor and a person identified as Jadhulla Jameel, with smuggling alcohol into the country, consuming alcohol, objecting to urine testing and possession of cannabis. Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

If found guilty, Ghafoor and Jabir will be disqualified from their parliamentary seats.

Ghafoor said there was no other place but the parliament building for refuge, though he said he did not feel safe even at the Majlis. The MNDF storming of the Majlis to arrest MP Azim suggests they may do the same to him, he claimed.

“I am willing to stay here until the judiciary is destroyed. Now I know how helpless ordinary citizens are. I feel like I’m being hunted by a corrupt judiciary. You don’t feel good when you are being singled out. You feel like prey. You can never relax,” he said.

He spends his days reading and doing parliamentary work. His family and supporters visit him often and bring him evening tea and dinner.

“My party has been very good to me. I am always accompanied by my party’s MPs. Since I came here, I’ve been left alone only for an hour during Friday prayers. My family and supporters bring me food. I get food enough for ten people. I know they are with me,” Ghafoor said.

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Maldivian Democracy on the Brink: US ambassador

“Maldives now finds itself at a crucial crossroads.  Through weeks of political bickering and questionable delaying tactics, Maldives democracy is now in peril,” writes US Ambassador to the Maldives Michelle J. Sison for local newspaper Haveeru.

“Further delays in Maldivian Presidential elections and continued misuse of institutions have already led many in the international community to question the legitimacy of both the process, as well as the outcome of those elections.

As in any country after a hard-fought political campaign, people will still disagree.  Truly great leaders put aside those differences in the aftermath of an election and work together in the national interest and for the greater good.

Ultimately, the power of any government rests in the consent of its people.  If citizens are not allowed to freely express their desires, then those that pretend to govern cannot be perceived as having legitimacy to govern.

To ensure successful elections and protect its democratic traditions Maldives needs to allow balloting that is free, fair, and inclusive, and the results must be respected by all parties, without retribution.

We saw the first part of that formula on September 7, and now we must see both on November 9 for there to be legitimacy and true democracy.

As Maldives stands at the brink, now is the time for all Maldivians to unite to salvage their democratic future.”

Read more

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Chief Justice threatens action against dissemination of “invalid information”

Legal action will be taken against media organisations or journalists who disseminate false or inauthentic information concerning the judiciary, Chief Justice Ahmed Faiz Hussain has warned.

Speaking at a swearing-in ceremony yesterday (October 27) for seven new judges to the superior courts, the Chief Justice warned of measures against those who report “invalid information, if it relates to courts or judges.”

“Citizens need valid information. Freedom of expression means expressing valid or authentic information. Whether it is information relating to individuals or state institutions, the information conveyed should be valid, there should be no error or deceit in the information,” he said.

“If the court is held in contempt, action will be taken,” he asserted. “I will not allow the court to be [held in] contempt through deception. If the court is [held in] contempt, I will do what I can within the bounds of the law,” Faiz added.

The Chief Justice’s remarks came after the Supreme Court last week ordered police to investigate opposition-aligned private broadcaster Raajje TV for airing a report on October 19 criticising the judiciary.

Raajje TV News Department Head Ibrahim ‘Asward’ Waheed was summoned to the police headquarters last night concerning the investigation of the report, which raised issues surrounding the leaked sex tape of Supreme Court Justice Ali Hameed.

Following the police interrogation, Asward told local media that he was accused of contempt of court over the Raajje TV report criticising the apex court.

Asward said he exercised the right to remain silent in protest of the police taking over the mandate of the Maldives Media Council (MMC) and the Maldives Broadcasting Commission (MBC) – the institutions legally empowered to investigate complaints regarding the content of media outlets.

Both the MCC and MBC have expressed concern with the court ordered investigation of Raajje TV, contending that it threatens press freedom and encroaches on the mandate of the media watchdog bodies.

Appealing to the apex court to withdraw the order to investigate, Mohamed Shaheeb from the MBC told local media yesterday that he was informed by Commissioner of Police Abdulla Riyaz that the police were obliged to obey the Supreme Court’s order.

Following an arson attack that destroyed the headquarters of Raajje TV on October 7, Reporters Without Borders criticised the police’s failure to defend the station despite repeated requests for protection.

Moreover, Asward was attacked with an iron bar in February this year while Raajje TV’s offices were vandalised in 2012, with cables severed in the station’s control room.

Judicial reform

Faiz meanwhile contended that altering the composition of the 10-member Judicial Service Commission (JSC) –  consisting of three representatives each from the executive, legislature and judiciary as well as a lawyer elected by licensed practitioners – was necessary to strengthen the judiciary.

In a comprehensive report on the Maldivian judiciary released in May, the UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, stated that there was near unanimous consensus during her visit that the composition of the JSC was “inadequate and politicised.”

The issue was also highlighted in a report by the International Committee of Jurists (ICJ) in 2010.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

While the composition of the JSC in the Maldivian constitution was based on the South African model, Faiz said in his speech yesterday that he was told by a retired South African judge that the model had “failed” in his country.

“A lot of people believe that every fault of the JSC is reflected in the judiciary,” Faiz said, adding that proper functioning of the oversight body would benefit the judiciary.

The JSC should work together with the courts following extensive consultation to implement changes to strengthen the judiciary, Faiz suggested.

The JSC should also expedite investigations of complaints concerning judges and “free” them from the allegations to ensure public confidence in the “integrity of judges,” he said.

“If not, the issues we are facing now, what is being said [about the judiciary] now will continue in the same vein,” Faiz said.

However, he added, criticism of the judiciary or “a complaint against a judge” does not warrant disregarding court judgments.

“If the decisions of the courthouse are not enforced, rule of law will not be maintained in this country. The courthouse has been entrusted with upholding rule of law. So the decisions of courts should be and will be enforced in this country,” Faiz asserted.

Under no circumstances could the enforcement of a court decision be delayed or ignored, he stressed.

Faiz revealed that he had spoken to the speaker of parliament regarding a recent Supreme Court judgment, referring to the apex court disqualifying two MPs over an alleged decreed debt.

“I told him that the Supreme Court’s decision must be enforced. There is no question about it. Who will determine if the Supreme Court’s decision is legitimate? Who will determine if the Supreme Court decision was made in accordance with the procedures? It will still be determined by the Supreme Court,” Faiz said.

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