Tag: maldives news

‘Leaked’ police intelligence report “baseless speculation”: MDP

The Maldivian Democratic Party (MDP) has slammed a leaked police intelligence report circulating on social media alleging election impropriety as “baseless speculation”.

The report (Dhivehi) alleged “some opportunity for fraud” and “illegal voting”, claiming 18,486 irregularities on the voter registry including 588 dead people, 1865 individuals without national identity cards, 39 underage cases and 10,023 address mismatches.

Police have declined to comment on the authenticity of the report, but said such a report could not have been leaked from their offices. Attorney General Azima Shakoor has used the report’s findings in an ongoing Supreme Court case filed by third place candidate Gasim Ibrahim to annul September’s presidential polls.

MDP spokesperson Imthiyaz ‘Inthi’ Fahmy claimed the report’s arguments were “baseless allegations, lies manufactured by senior policemen who overthrew the country’s first democratically elected government.”

President Mohamed Nasheed resigned publicly in February 2012 after sections of the police and military mutinied, took over state media, vandalised MDP offices and beat MDP supporters. Nasheed is now the front-runner in September’s presidential polls with 45.45 percent of the vote. Run-off elections are set for September 28.

International and domestic observers have praised a free and fair election process in the Maldives, and have called for a the second round of polling to proceed as planned.

“Every election will have small irregularities. But none of those highlighted will affect the outcome,” Imthiyaz noted.

Irregularities

The report compared the voter’s registry published on May 30, changes in voter registry on June 29, to the Department of National Registration’s database.

“It is not possible to say with certainty whether people acted on [irregularities] noted, unless we are able to check the list of voters used at voting booths,” the report noted. However, it contends “opportunity exists” for repeated voting, the dead and underage voting and usage of fake identity cards.

The report also raises questions over the high voter turnout, the Elections Commission’s database security, usage of counterfeit ballot papers, and presence of foreign staff at the EC on voting day.

“The election of 2008 was one in which many people desired change and voted. However, polls during this election show a high percentage of undecided voters. Even in the 2008’s runoff election when people wanted change, the turn out was 86 percent. That 88 percent people voted this time can be questioned,” the report read.

Police intelligence had alerted the commission on attempts to hack into its server, but no action had been taken, the report alleges. But, the police are “not certain if compromising information was leaked” but believe the server contained sensitive information.

The report recommends publication of the list of those who had voted on September 7, an audit of the EC’s servers, random sampling of ballot papers to check authenticity, increase in security features on the ballot papers, block foreign staff’s access to the EC on voting day and a recount.

“Based on the above, we believe there are things that may affect results of the election, and therefore believe a recount of votes may assuage doubts and decrease incidence of violence,” the report said.

The EC had previously acknowledged attacks on its server, but refuted claims of security breach and dismissed fears raised by the Jumhooree Party (JP) and Progressive Party of the Maldives (PPM)’s fears that foreign IT workers would be given access to electoral databases.

Ongoing court case

Jumhooree Party (JP) candidate Gasim Ibrahim is seeking to annul the results of the first round in the Supreme Court, after narrowly missing the run off with 24.07 percent of the vote.

The PPM has sided with the JP in court, while Attorney General Azima Shukoor has intervened on behalf of the government and called for police to investigate the EC.

The EC has so far disputed allegations of electoral impropriety, noting that allegations raised so far even if factual would have no material effect on the outcome of the first round, and pointed to unanimous endorsement of the election’s credibility by local and international observers.

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International opinion “firmly behind” second round as scheduled: Commonwealth Special Envoy

International opinion is “firmly behind” the need for a second round of elections to proceed as planned on September 28, Commonwealth Special Envoy to the Maldives Sir Donald McKinnon declared in a statement today.

“There are always losers in every election everywhere, but the winners here must be the people of Maldives. The results of their votes must be paramount to the process and the result,” McKinnon said.

Jumhooree Party (JP) candidate Gasim Ibrahim is seeking to annul the results of the first round in the Supreme Court, after narrowly missing the run off with 24.07 percent of the vote.

The Progressive Party of the Maldives (PPM) has sided with the JP in court, while Attorney General Azima Shukoor has intervened on behalf of the government and called for police to investigate the Elections Commission (EC).

The EC has so far disputed allegations of electoral impropriety, noting that allegations raised so far even if factual would have no material effect on the outcome of the first round.

The commission also pointed to unanimous positive assessments of the first round polls by local and international election observers.

However the JP’s lawyer and election running mate, Dr Hassan Saeed, declared yesterday in court that these election observations did “carry not much weight”, and sought a delay of the second round pending the court’s decision on whether to annul the polls.

“I was very pleased by the positive findings of the national and international observers, including those of the Commonwealth Observer Group,” said Sir McKinnon today.

“This election marks a renewal of the country’s democratic credentials, with an 88 percent voter turnout. This displays a determination to get the country back on to a sound democratic foundation,” he said.

“I sincerely call on all political leaders to respect the intentions and expectations laid out in the constitution. I look forward to remaining closely engaged with Maldives as the country affirms its commitment to Commonwealth democratic values in the coming days and weeks, in the lead up to the inauguration of a newly elected President on 11 November 2013,” he concluded.

Commonwealth Secretary-General Kamalesh Sharma also issued a statement, declaring that the international body “looks forward to seeing a smooth and peaceful continuation of the electoral process already underway.”

“The Secretary-General emphasised that the expression of the will of the people through the ballot box is fundamental to Commonwealth values,” Sharma stated.

Commonwealth observers will be returning to Maldives for the run-off round of the presidential election, he added.

Don’t undermine elections without evidence: Transparency

Transparency Maldives has called on parties to the presidential election not to undermine the credibility of the results without evidence.

Transparency deployed the single largest team of election observers with 400 monitors across the country.

“In view of the cases submitted and allegations made at the High Court and Supreme Court of the Maldives regarding systematic vote rigging, Transparency Maldives notes that it did not find any evidence that support allegations of systematic election day fraud during the nationwide observation,” Transparency stated.

Transparency Maldives appeals to all actors and institutions to refrain from undermining the integrity of and confidence in the election day processes without credible evidence of fraud.

Parties must “respect the democratic process,” says US

The United States has also issued a statement calling for all political parties to “respect the democratic process and continue to allow for a free, fair and peaceful vote to take place.”

“The first round of the Maldivian presidential elections on September 7 was widely hailed as a success and represented a victory for the democratic process in Maldives. The Commonwealth, United Nations, and local Maldivian observers joined the United States in congratulating the Maldivian people and the Election Commission for this successful process,” said Deputy Spokesperson for the US State Department Marie Harf.

“We encourage all parties and all presidential candidates to respect the results and work together for a peaceful transition for the benefit of the Maldivian people,” she added.

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Parliament sitting to be held on Sunday

A special sitting of parliament will be held on Sunday (September 22) upon written request by 29 MPs, according to a statement by the parliament secretariat today.

Amended parliamentary rules allow sittings to be held during recess upon request by one-third of the 77 MPs in the People’s Majlis. Parliament broke for its customary one-month recess after the second session of the year concluded in August.

The Maldivian Democratic Party (MDP) parliamentary group officially made the request for a special sitting yesterday (September 18) after the party’s national executive committee requested the majority party to take steps through the parliament to “stop undue influence of political parties in the judiciary.”

The only item on the agenda for Sunday’s sitting, according to the secretariat, will be consideration of the motion submitted by the MDP to hold state institutions accountable in light of alleged efforts by political parties to “destroy constitutional rules and principles and move away from democracy” after former President Mohamed Nasheed secured 45.45 percent of the vote in the September 7 presidential election.

Third-placed candidate in the first round of the polls, MP Gasim Ibrahim of the Jumhooree Party (JP), has alleged vote rigging by the Elections Commission (EC) and contested the results at the Supreme Court.

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President Waheed thanks former President Nasheed for new Arabiyya School building

President Dr Mohamed Waheed Hassan has expressed gratitude to former President Mohamed Nasheed for his decision to construct a new building for the Arabiyya School in Male’.

Dr Waheed made the remarks during a ceremony on Thursday to officially open the new school premises in Chandhanee Magu. In his speech, Dr Waheed reportedly said that Islamic education should not be reserved only for students of Arabiyya, and that the Quran and Sunnah should be the basis of education in all other schools as well.

He also thanked officials of the Education Ministry under the Nasheed administration for the new Arabiyya School project.

The previous government shut down the old Arabiyya School in March 2010 after cracks in the building caused a wall to collapse. Arabiyya students were transferred to Mandhu College while construction on a new building began in early 2011.

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MDP condemns Salaf preacher’s insinuation of party’s involvement in Dr Afrasheem’s murder

The Maldivian Democratic Party (MDP) has condemned insinuations by religious NGO Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim suggesting that the party was behind the brutal murder of moderate scholar and MP Dr Afrasheem Ali.

The MDP in a press release on Wednesday (September 18) expressed concern with what it contended was the Salaf preacher’s “incitement of hatred among the public with the intention of influencing the [presidential] election.”

“We assert resolutely that the party had no involvement whatsoever in the brutal murder of late Dr Afrasheem Ali,” the press release stated.

“The party calls upon all parties not to use such a tragic atrocity in the name of religion and out of political rivalry in efforts to mislead the public.”

The MDP warned that NGOs “sowing discord in society for the undue political benefit of another party” could see the “increasing freedom of expression, economic development and civilisation of the present turn into the brutality and fear of the past.”

A religious sermon titled “Andalus” organised by Salaf – attended by senior members of the Adhaalath Party – was broadcast live on all local television channels except the MDP-aligned Raajje TV on Tuesday night. The MDP has since contended that Sheikh Shameem’s sermon amounted to negative campaigning against its candidate, former President Mohamed Nasheed.

In his lengthy sermon, the Salaf preacher criticised the MDP’s guest house policy and youth policy and accused the party of planning to introduce religious freedom in the Maldives. Sheikh Shameem also claimed that the 800-year-old Islamic faith of Maldivians was under threat and attempted to draw parallels between the Islamic empire’s loss of Andalus in the fifteenth century and present day Maldives.

Meanwhile, speaking at a Progressive Party of Maldives (PPM) rally last night (September 18), former President Maumoon Abdul Gayoom reportedly said that the PPM and Salaf shared the same ideology and claimed the NGO would participate in the party’s campaign activities after endorsing PPM candidate Abdulla Yameen.

The late Dr Afrasheem

Dr Afrasheem Ali was found stabbed to death near the stairwell of his residence in Male’ on October 1, 2012. Soon thereafter, police arrested two MDP activists – Mariyam Naifa and Ali Hashim ‘Smith’ – in connection with the murder. Both suspects were however released without charge.

The MDP at the time accused the government of attempting to frame the party with “politically-motivated arrests” of its members. In November 2012, former President Mohamed Nasheed accused the government of negligence in its efforts to bring the perpetrators to justice.

On the night of his murder, Dr Afrasheem had made his last public appearance on a live talk show on state broadcaster Television Maldives (TVM) titled “Islamee Dhiriulhun” (Islamic Living).

In the programme, Dr Afrasheem said he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was meanwhile quoted in local media as saying that the Islamic Ministry had not forced Dr Afrasheem to offer a public apology for anything in his last television appearance.

Dr Afrasheem’s moderate positions on subjects such as listening to music had drawn stringent criticism from more conservative religious elements, who dubbed him “Dr Ibilees” (“Dr Satan”).

In 2008, the scholar was kicked and chased outside a mosque after Friday prayers, while more recently in May 2012, the religious Adhaalath Party released a statement condemning Afrasheem for allegedly “mocking the Sunnah”.

NGO Salaf had meanwhile released at least a dozen statements against the late Dr Afrasheem at the time of his death. In a three-page press release (Dhivehi) on July 10, 2008, Salaf listed Dr Afrasheem’s alleged transgressions and advised the moderate religious scholar to “fear Allah, stop talking any way you please of things you do not know of in the name of religion and [stop] twisting [Islamic] judgments to suit your personal wishes”.

The NGO also called on the public not to listen to “any religious fatwa or any religious talk” from the scholar.

MDP and Islam

The MDP press statement meanwhile reiterated that the party would protect Islam and not allow other religions to be introduced to the Maldives.

Referring to its track record in government, the party noted that a Ministry of Islamic Affairs was established for the first time in the country by the MDP government upon taking office in November 2008.

Local scholars were allowed the freedom for the first time to preach and conduct sermons and lectures, the press release continued, while 42 mosques as well as a number of prayer rooms in schools were built and 150 Islamic teachers were trained during the MDP’s three years in government.

It added that the National University’s faculty of shariah and law was strengthened with foreign assistance and a new government-funded building was constructed for Arabiyya School in Male’ by the MDP government.

An Islamic Bank was opened in the Maldives in March 2011 with MVR 22 million (US$1.4 million) spent out of the state budget in 2010 together with an investment of MVR 127 million (US$8.2 million) secured by the MDP government from the Islamic Development Bank, the press release noted.

Moreover, the MDP government began state-funded annual symposiums for local scholars to facilitate academic discussions of pressing religious and social issues, the press release stated.

“We note with pride that as a result of these measures, the stature of religious scholars in society was raised and opportunities opened up for scholars to be academically active and serve at a national level,” the MDP said.

The party’s 2013 manifesto meanwhile includes the construction of an “Islamic Knowledge Centre” in Male’ for MVR 200 million (US$13 million) that would include a library, lecture halls and a mosque with a capacity 5,000 worshippers.

Among other policies for the next five years include conducting an international Islamic conference in the Maldives at an estimated cost of MVR 25 million (US$1.6 million) with the participation of renowned foreign scholars, training 300 Quran teachers to first degree level, and allocating MVR 36 million (US$2.3 million) for renovating mosques across the country.

“We note that all these projects are costed and budgeted and the manifesto includes details for implementation,” the press release stated.

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National Movement plans protests against Elections Commission

The youth wing of the self-titled ‘National Movement’ – comprised of several NGOs and the religious conservative Adhalaath Party (AP) – has called for protests against the Elections Commission (EC), alleging that the first round of the presidential election was rigged.

The group “harshly criticised” the EC, citing the “many irregularities” the Jumhooree Party (JP) has belaboured regarding the presidential election’s first round, according to local media accounts of Tuesday’s (September 17) press conference.

They also accused Parliament and independent institutions, such as the EC, of not providing enough support to address these alleged “irregularities”.

National Movement youth wing leader Sobah Rasheed accused authorities of rigging the presidential election’s first round, held on September 7, and declared the group’s intention to hold protests demanding reform of the EC and independent institutions in the Maldives.

“The Elections Commission must not hold the second round of the elections before the issues surrounding the first round of polls are properly addressed,” said Rasheed.

The ‘National Movement’ will “not go home until they receive answers” and will protest until “the outcome desired by the people is reached”, he vowed.

The ‘National Movement’ declared they are working to hold the people responsible for the polling “irregularities” accountable.

“The Maldives has long had a culture of [people] not having the courage to voice out the truths about vote rigging,” the group declared.

JP Event Coordinator and National Movement youth wing member Ahmed Ghaalib also spoke during the ‘National Movement’ youth wing press conference, and stressed that taking the initiative to protest was not directed by a political party – but all political parties are welcome to participate.

“The National Movement’s youth wing will be leading the entire movement’s protests,” Ghaalib told Minivan News yesterday.

He explained that the group had planned to start protesting Tuesday night, but decided to delay after the High Court issued its ruling.

“We are waiting on the Supreme Court ruling – until the court says [the EC is] right or wrong. We will fully respect and obey court rulings,” said Ghaalib.

“We are not going to disturb, just raise our voices and share some information with the international media,” he added.

Ghaalib explained the main point of the protests is to highlight the EC’s “many flaws to help them improve”.

“We are working to build trust between the people and the [Elections] commission, not destroy them,” he said.

Ghaalib clarified that the entire EC is not the issue, but rather three individual commission members, the Chair Fuwad Thowfeek, Vice Chair Ahmed Fayaz, and Member Ali Mohamed Manik, who he personally believes have Maldivian Democratic Party (MDP) affiliations.

He believes protests alone will not build trust between the EC and Maldivian citizens, however National Movement members “raising their voices” will.

“Regarding the GMR issue, we worked very hard to do those things,” said Ghaalib. “This time everybody has decided to come out and raise their voices, we are ready to reform the Elections Commission.”

“The JP is not affiliated with the ‘National Movement’, however Ghaalib himself can go to whatever he likes in a personal capacity,” JP Spokesperson Moosa Rameez told Minivan News yesterday (September 18).

The ‘National Movement’ was born out of the unofficial December 23 coalition of eight political parties – now part of the coalition government of President Dr Mohamed Waheed – and an alliance of NGOs that rallied at a mass gathering to “defend Islam” in late 2011. The rally was held to oppose the allegedly liberal policies and “secularisation agenda” of former President Mohamed Nasheed.

Following the controversial transfer of presidential power on February 7, the “civil alliance” led a campaign dubbed “Maldivians’ Airport to Maldivians” calling on the government to terminate the concession agreement with Indian infrastructure giant GMR to manage and modernise Ibrahim Nasir International Airport (INIA).

Elections Commission

The EC has raised concerns that there may not be a suitable environment for the presidential election’s second round should Villa TV (VTV) – owned by JP leader Gasim Ibrahim – continue to deliberately spread false information and incite people to rise up against the commission.

The media has continued to disseminate unsubstantiated information about the commission, and threats have been directed at the EC’s chair, his family, and the vice chair, as well as EC official Ibrahim ‘Ogaru’ Waheed in the week-and-a-half since the presidential election’s first round.

The EC has emphatically dismissed allegations of vote rigging as “baseless and unfounded”, highlighting its transparency, its ongoing complaints investigations, and the praise from a broad spectrum of election observers who noted peaceful voting and the preparedness of the EC.

“With [election] officials from different sources [working] in front of [election] observers, there was no way the type of fraud [JP is alleging] could be made,” EC Chair Fuwad Thowfeek recently told Minivan News.

“In front of all those people – as well as election monitors and observers – there is no way anyone can do any sort of mischief,” he continued.

“Polling station officials were not all from the EC. We hired various officers from public sector organisations, as well as young people looking for work,” he noted.

“Every ballot box had a combination of all types of individuals, selected at random, and a balance was kept between females and males, young and old,” he explained. “Many met for the first time during training or [polling station] duty. All the people belonging to [and responsible for] each ballot box were not trained together [as a group].”

Thowfeek also addressed the voter registry concerns raised by the JP – and previously raised by the PPM prior to elections.

“The voter’s list was published two weeks before voting and the lists were [also] sent to all ballot box locations in addition to EC officials, presidential candidate representatives, observers from each political party,” said Thowfeek. “Anyone who has this [list] will know that they will not be able to show a single person who voted under a false name.”

He explained that the EC obtained the voter registration lists from island council offices as well as the Male’ municipality office. This data was compiled and the lists cross-checked with the Department of National Registration to verify its accuracy.

Thowfeek also emphasised that many individuals are not aware or are misunderstanding the Male’ Dhaftharu – a special registry for people who are Male’ residents, but are from other islands – registration process.

“In the past people were placed on the Dhaftharu with the municipal council [listed as their residence], but this time they put the places where they live,” said Thowfeek.

“They are Maldivian citizens [from the islands] residing in Male’ but they don’t have a permanent residence – they have the right to vote,” he declared.

Last week, the EC also announced that eight deceased individuals the JP had claimed to be on the electoral register had been found to be living.

The commission has determined that the eight people did cast ballots and has met five of them, EC Vice Chair Ahmed Fayaz told local media. The commission has received information that the other three individuals are also alive, though the EC has not yet been able to meet them.

Department of National Registration

Meanwhile, the Department of National Registration (DNR) has dismissed the possibility of individuals voting with forged national identity cards.

DNR Director General Fareeda Yoosuf has insisted there was no chance forged ID’s could be used to vote.

Each individual identity card is unique and does not change even when renewed and, even in cases where lost IDs are replaced, the same identity number is used, Yoosuf noted.

No complaints of forged identity cards have been received by the DNR so far, she noted.

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US encourages all parties to accept first round results

The US has hailed the results of the first round of the presidential election in the Maldives as a “victory for the democratic process”.

In a statement, Deputy Spokesperson for the US State Department Marie Harf noted that the results had been “widely hailed as a success” by the Commonwealth, United Nations, and local Maldivian observers.

The comment comes as Jumhooree Party candidate Gasim Ibrahim, who placed third with 24.07 percent and narrowly missed a place in the run-off, contests a case in the Supreme Court seeking annulment of the results, alleging electoral irregularities.

The JP was supported in the ongoing court case by the Progressive Party of the Maldives (PPM), while Attorney General Azima Shukoor also intervened and criticised the conduct of the Elections Commission.

“As the country prepares for the second round on September 28, the United States and the international community again stand ready to assist Maldivians as they exercise their fundamental right to choose their own government,” declared the US State Department.

“For this final round to be as successful as the previous round, all political parties must respect the democratic process and continue to allow for a free, fair and peaceful vote to take place. We encourage all parties and all presidential candidates to respect the results and work together for a peaceful transition for the benefit of the Maldivian people,” the statement concluded.

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India expresses hope that second round will go ahead as planned

“India believes that it is of utmost importance that the electoral process is allowed to proceed unhindered so that the second round is conducted according to schedule and the will of the people of Maldives is fully recognised,” the Indian Ministry of External Affairs has said.

“It is important that all sides respect the verdict and aspirations of the people of Maldives. We hope that the second round of Presidential elections will be held as scheduled on September 28, 2013 in a similar transparent, organised and peaceful manner.”

The statement, released in response to media enquiries, again praised the conduct of a first round it describes as “unblemished by any notable incident”.

The statement also reiterated the observations of Indian election observers, who had praised the Maldives Elections Commission as being “logistically well-prepared for this election”, as well as describing the much-criticised voter registry as “accurate and robust”.

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Statements by election observers “have not much weight”, JP running mate Hassan Saeed tells Supreme Court

Former Attorney General Dr Hassan Saeed, running mate of resort tycoon and presidential candidate Gasim Ibrahim, has told the Supreme Court that positive assessments of the September 7 presidential poll by local and international election observers “do not carry much weight”.

Dr Saeed – who is now leading the Jumhooree Party (JP)’s legal bid to annul the election results in the Supreme Court – made the remarks during the second hearing of the party’s case against the Election Commission (EC) held on Wednesday.

Dr Saeed told the Supreme Court that statements made by both local and international observers that the election had proceeded smoothly and freely did not reflect the reality of the situation.

“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.

He also claimed the JP – which narrowly missed a place in the run-off with 24.07 percent of the vote – had sufficient evidence and witnesses who would testify in court that electoral discrepancies and irregularities had taken place.

Dr Saeed also declared that Attorney General (AG) Azima Shukoor’s acknowledgement of electoral discrepancies during the first round of presidential elections gives weight to the party’s allegations  of electoral fraud.

During the first hearing of the case, Attorney General Shukoor told the court the AG’s Office had also found discrepancies in the voter list, including underage people listed as eligible for voting, and the mixing up of voter information – including gender, address, and date of birth.

Addressing the seven-member Supreme Court bench, Saeed also alleged the EC was not following a High Court order issued Tuesday (September 17) to allow viewing of the original voter list at the commission. Saeed claimed that despite repeated requests – both verbal and written – the commission was yet to give any response.

The High Court ruled that it was a right of all presidential candidates and their affiliated political parties to view the original voter list and ordered the EC to allow this to take place at the commission in presence of its officials.

Instead, Saeed claimed, the EC lawyers had dismissed as baseless and unfounded JP’s evidence suggesting electoral fraud, without giving the party the chance to verify it evidences against the commission’s data. This action by the EC, the former Attorney General contested, disregarded the doctrine of ‘Clean Hand’.

The ‘Clean Hand’ doctrine is a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have “clean hands” or not have done anything wrong) in regard to the subject matter of his/her claim.

During the hearing, Saeed also criticised the EC’s Ballot Progress Reporting System (BPRS) – a web based application that tallied the number of voters who had cast their vote or are in the queue to vote – contesting that it had several weaknesses and loopholes.

He claimed that the entire application was built without due consultation with the National Center for Information Technology (NCIT) – a government agency responsible for management of IT systems within government institutions. Instead, Saeed claimed the system had been built and designed by Indian IT specialists.

Saeed also noted that the EC members had previously acknowledged that the BPRS were having problems and yet, at the same time the EC had claimed that there was no possibility of double voting. This, Saeed contested, did not make any sense, and he alleged there was a difference between the number shown by the BPRS that had voted and the EC’s figures obtained through manual counting. He challenged why the commission had not shifted to the manual system when the electronic mechanism collapsed.

In response to the arguments raised by the EC lawyers during Tuesday’s hearing, Saeed said the country would not go into a constitutional void even if a new president failed to take the oath of the office on November 11 – the date on which the term of incumbent President Mohamed Waheed Hassan expires.

Reflecting on the delay in electing the new parliament in 2009, Saeed claimed that no one had challenged the legitimacy of the parliament even when it had been elected months after the date mentioned in the constitution.

“We need to ensure that the person who is elected by the popular vote of the people takes the oath as the president. Not someone who has found their way to it by deception and cheating. Right now, we are no longer sure whether it is the person who the people voted is taking the office,” Saeed told the court.

Saeed also requested the court issue an order to the police to investigate the party’s allegations of electoral fraud.

EC’s counter argument

EC Lawyer and former Attorney General Husnu Al Suood responded to Saeed’s arguments claiming the Attorney General’s acknowledgment of issues during the voting process did not substantiate the JP’s baseless allegations.

He repeated his arguments claiming that the JP has till to this day, failed to produce any substantial evidence to support their claims, let alone annul the elections.

Suood also claimed that the General Elections Act – the parent legislation on general election procedures and issues – did not envision the annulment of an entire election, but rather only allows the annulment of the results of ballot boxes in which discrepancies were proven in court.

He claimed that factors that could lead to annulment of the results of a ballot box were criminal offences such as bribery and illegal influencing of voting, and therefore any claim of electoral discrepancies must be proved by the standard of proof required for criminal offences: beyond reasonable doubt.

Suood also reiterated that the JP’s claim that its evidence was based on information obtained from the party’s own hotline and private investigations lacked any value as evidence, and that it was not sufficient to annul elections.

He also criticised the request made by the Attorney General Azima Shukoor to order the Elections Commission to suspend holding the run-off elections until the issues had been resolved, describing it as a request for an indefinite order that could put the entire state in a state of limbo.

Suood also claimed that if the Supreme Court went on to issue such an order as requested by the Attorney General, it would lead to the suspension of the entire constitution.

“We are not aligned towards the JP” – Attorney General Azima Shukoor

Speaking during the hearing, Attorney General Azima Shukoor told the court that the State was not taking sides in the legal dispute between the JP and the EC, while maintaining that it had not admitted to any claims made by the JP.

However, the Attorney General repeated her claims that the AG’s Office had come across discrepancies in the voter registry published by the EC prior to the election.

“There were names of underage people in the list. There were names repeated in the list. Unless these issues are not resolved before holding the second round of the elections, rights of many voters will be undermined,” Shukoor told the court.

She also claimed that the State should and would be concerned when a group of 50,000 people came up to it seeking justice.

“What is happening here is that one party is claiming that there were discrepancies in the voting process while the other party is simply questioning the authenticity of the claim,” Shukoor said.

“How can those allegations be verified unless the Elections Commission allows access to the information of the voting? Here, we are speaking about one party who has the information but is refusing to share it in order to verify the claims,” Shukoor claimed.

She also questioned the panel of judges as to whether the EC should go on to hold the second round of elections with the allegations and claims unanswered.

However, the Attorney General claimed that she still had faith in the Elections Commission’s ability to resolve the issues, but said this could only be done if the commission gave up its “defensive approach” and showed openness to look into the claims.

Shukoor also said the Attorney General’s decision to intervene in the case was only to bring the issues it had found to the notice of the judges and to seek a remedy to them, and that the government did not wish to take a stand on whether the election should be annulled or not.

Meanwhile, the opposition Maldivian Democratic Party (MDP)’s lawyers told the court that the party had accepted the outcome of the results and had not come up with any discrepancies during the elections that would affect the outcome.

The party also echoed similar sentiments as that of the EC’s lawyer Suood, claiming that the JP’s evidence could not be considered as admissible evidence by the courts.

The next hearing will be held on Thursday morning (September 19) at 11:00am.

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