Tag: maldives news

The Maldives: Mired in presidential intrigue

“In the end, whether it was a coup or not is academic. The chance to reverse the situation is long gone. Waheed’s government is established,” writes Will Jordan for Al Jazeera.

“But there are two other questions. Was there a conspiracy to cripple Nasheed’s government? And did Gayoom have a hand in bringing Nasheed down?

The evidence is circumstantial.

It centres on what the Danish experts describe as ‘a highly unorthodox meeting’ at the end of January between then Deputy President Waheed and the opposition leaders. Afterwards, opposition figures pledged their allegiance to Waheed.

Two key players in Nasheed’s downfall have also received senior posts. Mohamed Nazim is Defence Minister. Abdulla Riyaz is Minister for State and Home Affairs. They both watched as Nasheed signed his resignation.

Waheed was also fast to reshuffle his government, promoting Gayoom’s son and daughter to the foreign and fisheries ministries respectively.”

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Common sense after CoNI: Eurasia Review

As the best hope of unraveling the tangled events surrounding Nasheed’s resignation on February 7, the failure of the CoNI ought to put to rest attempts to determine what happened on that fateful day, writes Daniel Bosley for the Eurasia Review.

CoNI represented the light at the end of the tunnel that has been the country’s attempts at political reconciliation since February. Assembled by Presidential decree and reconstituted by international request, the inquiry has become increasingly important as parallel all-party talks failed to get off the ground.

The revelation that Nasheed’s representative on the commission, Ahmed Gahaa Saeed, was unhappy with the report on Monday suggested that its public release on Thursday would be a disappointing anti-climax. His resignation on Wednesday confirmed it.

It also confirmed the reality that no legal document, governmental report, or political opinion will ever change the differing versions of events that are indelibly scored into the hearts and minds of Maldivians.

After six months of going round in circles, it is time to face reality and find the best way to heal the nation – starting from where it is today – on the edge of a precipice.

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Maldives surfing threatened by privatisation: Zigzag

Telos Investments wants to develop a ’boutique’ surf resort on Thanburudhoo island, home to two of North Malé’s best waves – Sultans and Honkies. If this proposal gets approved – which is looking highly likely according to long-time local surfer Ahmed Nasru (Mickey), who claims the process smacks of underhanded dealings – then the number of quality spots in the area which are open to locals will halve, writes South African surf news website Zigzag.

This will leave only Jailbreaks (on Himmafushi island) and Cokes (on Thulusdhoo island) as the last quality reef passes in the area without exclusive rights and open to local surfers.

Privatisation of surf spots is nothing new. For decades now entrepreneurs and even companies have been buying up land adjacent to quality surf breaks from South America to North Sumatra, claiming rights to the breaks in front of their resorts, and making them exclusive to guests.

Local surfers from the North Malé atolls of the Maldives are very familiar with this process. Some of their finest surf breaks – like Lohifushi and Pasta Point for example – have been deemed off-limits for many years after resorts were built on the islands hosting these waves. It’s something the local surfers have learned to live with, because they always had a few other quality spots in the area to fall back on.

If the Telos Investment proposal goes through, that will all change as their last few quality spots are gobbled up by privatisation.

And then of course there is the ethical question: it’s becoming increasingly clear that privatisation not only infringes on local surfers’ rights to freely access the reefs and islands they’ve inhabited and lived off for centuries. It also ensures any visiting surfers who can’t afford to pay the prices of these ’boutique’ resorts will instead be forced to sit shoulder-to-shoulder waiting for a set at the last two quality spots in North Malé.

The knock-on effect could even lead to surf tour operations going out of business – why go on a surf trip when you’re not allowed to surf half the waves? The end result would mean locals not only lose out on waves, but for those employed by, or operating their own surf tour business, their very livelihood could be threatened.

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MDP requests PG hold prosecution of its members

Maldivian Democratic Party (MDP) Chairman ‘Reeko’ Moosa Manik today met with Prosecutor General (PG) Ahmed Muizzu to request that the prosecution of its members arrested on February 7 and 8 be delayed, http://www.haveeru.com.mv/news/44307.

Moosa told the press after his meeting that he had requested the PG await the results of investigations prompted by the recently released Commission of National Inquiry (CNI) before prosecuting the cases of over 200 MDP members.

One of the CNI’s findings was that acts of police brutality had occurred on February 6, 7 and 8 this year. Moosa asked the PG if would wait to first determine if all of his party’s members were arrested within the contours of the law.

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Immigration head calls for “clean-up” of Thilafushi over crime fears

Controller of Immigration and Emigration Dr Mohamed Ali  has said that a raid on the island of Thilafushi yesterday which uncovered 134 unregistered foreign workers reflects wider fears over criminal operations being conducted on the island.

Dr Ali told Minivan News that the group of foreign workers, mostly Bangladesh nationals, had been uncovered after the Immigration Department had made continued warnings to employers on the island to have their workers “regularised” with the correct papers by the end of August.

Beyond failing to register workers, the immigration controller said the raid reflected wider concerns over addressing potential criminal operations on Thilafushi – popularly referred to in international media as the Maldives’ ‘rubbish island’.

“Right now there are just so many issues to be addressed on Thilafushi,” he claimed. “We need to clean it up in all aspects. We believe there are a number of illegal operations there.”

According to the immigration department, these alleged activities are thought to include the  shipping of illegal goods and drugs.

Dr Ali added that the expatriate workers found without correct papers were presently being kept for processing in Male’.

“At present they’re employers are working to take them back and have them processed,” he said.

The immigration controller did not have the exact figures on the number of workers presently being kept at a centre in Male’ while their papers were undergoing processing.

“These workers are not being detained, they are being kept comfortably and fed while processing is going on,” he added.

The High Commissioner of Bangladesh, Rear Admiral Abu Saeed Mohamed Abdul Awal, said he had been aware of the raid that had taken place yesterday by the Department of Immigration and Emmigration, but was awaiting for information on the matter at the time of press.

Back in May, 47 Bangladeshi nationals working for a local security were seized by the Department of Immigration as part of a wider crackdown on illeal immigrants after being found to have been incorrectly registered in the country.

Police Spokesperson Sub-Inspector Hassan Haneef confirmed that it had worked with the Department of Immigration and Emmigration on the raid as part of a joint operation.

Haneef added that this joint operation with immigration officials would be continuing in the future, but would not be focused solely on Thilafushi

Back in July, the Maldives was included on the US State Department’s Tier Two Watch List for Human Trafficking for a third year in a row.

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Police officer kidnapped during a special operation conducted to arrest four men carrying alcohol

Police have said an officer was briefly kidnapped on Friday (August 31) during a special operation to crack down on a safari b0oat operator suspected of illegally supplying alcohol from a vessel moored in Hulhumale’ lagoon.

The special operation was conducted by the police Drug Enforcement Department (DED) following intelligence reports received by authorities that four men were allegedly unloading alcohol from a safari boat kept in the waters of Hulhumale’ to supply alcohol illegally on land.  Over 100 bottles of alcohol and forty cans of beer were later discovered during the operation, police have claimed.

Speaking to media at the Iskandar Building, DED Head Chief Inspector Ahmed Azhan said that two men from the safari boat came to Hulhumale’ jetty in a small dingy before being confronted by a police officer.  After the officer stepped onto the dingy to confront the men, the boat reportedly moved away from the jetty with the member of the police on-board.

Azhan told local press that a number of other police officers pursued the suspects in their own dingy that had been kept nearby.  Police eventually recovered the officer.

According to Azhan, officers then searched the dingy and found three bottles of alcohol inside a bag.

Police officers then went onboard the safari vessel to conduct a search that found alcohol bottles stored at different parts of the safari boat without any apparent arrangement or order.

Police said 106 bottles of alcohol and 40 cans of beer were found on the vessel once the search had been completed.

Azhan said the safari boat had the license to have alcohol on-board and noted that there were required procedures to follow for supplying such goods – procedures which the vessel’s operators had failed to maintain.

He also said that one of the four men arrested was a Maldivian male 42 years of age.  The other three individuals were all expats aged 27, 32 and 42.

Police have not so far disclosed the nationality of the expatriate workers on the boat, but said all four men were employed as staff on the safari vessel.

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Nasheed sole focus of government’s charges following CNI findings: Home Minister

Home Minister Dr Mohamed Jameel Ahmed has told local media that former President Mohamed Nasheed was the only individual the government would charge following the findings of the Commission of National Inquiry’s (CNI)’s report.

Addressing the February 8 police crackdown on demonstrators, Jameel claimed that the government had not yet been able to organise or appoint a full cabinet on the day.  He added that the police themselves were responsible for their acts at that time and any potential charges they may face over the report’s conclusions.

Dr Jameel said that the Police Integrity Commission (PIC), according to its mandate, will look into issues concerning police conduct.

The fourth key finding of the CNI report called for an investigation of acts of police brutality of February 6, 7 and 8, although this was not revealed by President Dr Mohamed Waheed Hassan during the report’s release on Thursday.

Spokesman for the Maldivian Democratic Party (MDP) Hamid Abdul Ghafoor today responded to Jameel’s comments, saying: “The people who committed these crimes are responsible for implementing the CNI. The CNI has given room for politicians to free themselves.”

Ghafoor said that the report “articulated urgency” with regards to generating confidence in the nation’s key institutions.

He also reiterated the MDP’s call for the immediate implementation of legal proceedings against those implicated in wrong doing.

During a press conference yesterday, Defence Minister Mohamed Nazim stated that he wanted to further highlight Nasheed’s “lies”.  He added that contrary to Nasheed’s claims the day before, the CNI report made no mention of any illegal actions or involvement in an alleged “coup d’etat” by the Maldives National Defence Force (MNDF).

Former President Nasheed recently suggested that a core of 300 police and military officers were “undermining the public interest of the entire country”.

Ghaoor said today that as long as these people remained in their positions, “the country will be run by a military dictatorship”, before appealing to CMAG to review the findings of the report.

“I do not believe they will leave the country at the mercy of armed forces,” said Ghafoor following the Commonwealth’s encouragement of all sides to respect the report’s findings.

Jameel yesterday indicated his belief that the CNI report relieved the current government of any further obligations to negotiate with Nasheed, regardless of any external pressure.

“No international power can coerce this government into discussions with Nasheed again. This chapter closes here,” Dr Jameel said.

Both Jameel and Attorney General (AG) Azima Shukoor went on to advise the country’s youth against backing Nasheed, calling him a “habitual liar”.

“Do you realise what sort of a man you are following? He is a habitual liar, do you understand? And what exactly do you achieve by staying behind him? You just have to keep facing police and military action, be answerable to PG and courts, and end up in jail, leaving your young wives and children behind. Is this the future you want?” Dr Jameel said.

Statements from the United States, India, the United Nations and the Commonwealth all urged continuing dialogue amongst political actors.

Nazim said that, just as he had stated prior to the release of the report, the government would not be taking any action against any MNDF officers with regard to the CNI report.

Nazim did confirm that he would be taking legal action against all persons who referred to any MNDF soldier or to himself as ‘baaghee’ (a Dhivehi word meaning: a traitor who had brought about or participated in a coup).

The executive summary of the CNI report stated that urgent reforms were needed to the “basic institutions of democratic governance” and that justice “needs to be seen to be done in order to reassure the public and inspire their confidence.”

Nazim instead focused on the report’s ruling that there had been no coup in the Maldives, and hence no one had a right to label as traitors either the soldiers or any member of the executive, including himself, who, despite having been relieved of his duties officially, had acted as a commander of the MNDF Forces on February 7 in a personal capacity.

“Because I was there in a personal capacity, President Nasheed has often named me as a man who has administered a coup. But I would like to point out that my name does not come up in the CNI report at all,” Nazim claimed.

Nazim is identified in the CNI report as one of three “critical participants” on February 7  as one of three people who – along with current Police Commissioner Abdulla Riyaz –  “had been watching what was going on at Republican Square and felt it was their moral obligation and  public duty to intervene.”

“These three men, when they arrived at Republican Square, appeared to  enjoy positive rapport with the opposition groups outside the MNDF HQ and quickly  assumed leadership roles, particularly with the police. There is no suggestion that they were appointed or given specific authority,” the report states.

Regarding a statement by the international advisers in the CNI defending the commission’s professionalism and integrity, Attorney General Shukoor said that the international community may have taken Nasheed’s nominee Ahmed Saeed (Gahaa)’s claims more seriously had he submitted a dissenting opinion instead of handing in his resignation.

The attorney general alleged that Saeed was unable to do this as he did not have enough evidence to back his claims.  She said that if anyone wished to contest the findings of CNI, they were advised to file the case in court.

Ghafoor today lamented what he saw as the failings of the CNI: “It does not seem as if [the MDP’s] troubles are over. Doesn’t look as if trouble for the country as a whole is over.”

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Hulhumale’ Magistrate Court re-accepts ex-President Nasheed’s prosecution case

Hulhumale’ Magistrate Court has decided to re-accept the prosecution case of former President Mohamed Nasheed, who has himself called for any trial against him to be expedited.

Nasheed along with former Defence Minister Tholath Ibrahim kaleyfaan and three Maldives National Defence Force (MNDF) officers are being charged for their alleged role in detaining Criminal Court Chief Judge Abdulla Mohamed.

Abdulla Mohamed, who was a central figure in the downfall of former President Nasheed, was brought under military detention after Nasheed’s government accused him of political bias, obstructing police, stalling cases, having links with organized crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

The three MNDF officers facing charges are former Chief of Defense Forces Moosa Ali Jaleel, Brigadier-Retired General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad.

General Didi, who was serving as the Male’ area commander at the time of Judge Abdulla’s arrest, penned his“premature” resignation” after 32 years of service in the military upon the PG’s decision to prosecute him.

Ex-Chief of Defence Force Jaleel had also retired following the controversial transfer of power on February 7, while Colonel Ziyad has maintained he would be present in his uniform to defend himself in the court.

Initially the magistrate court refused to proceed with the trial stating that it did not have the jurisdiction to deal with such cases under the Judicature Act.

Magistrate of the court, Moosa Naseem at the time told Minivan News that they had “studied” the case and had identified that the court “did not have the jurisdiction to deal with the case” referring to article 66 of Judicature Act.

According to article 66(b) of the act, Naseem contended that the Hulhumale’-based court could only accept the case after the Chief Justice issued a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council.

Article 66(b) of the Judicature Act states that: “in accordance with section (a) of this article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.”

The Magistrate court’s decision to overturn its initial refusal follows the High Court’s invalidation of its decision, following appeals from the authorities.

In invalidating the magistrate court ruling, the High Court stated the case was based on the “unlawful detention” of a person, adding that magistrate courts in the country had the jurisdiction to proceed with such cases.

The ruling also said that as the incident occurred in Male’ area, the Hulhumale’ Magistrate Court again had the jurisdiction to proceed with the case.

An official from the Prosecutor General’s Office told Minivan News today that the case was submitted yesterday afternoon along with that of the other MNDF officers.

The Judicial Administration department today announced that the hearings of the case will be conducted in the Justice Building, located in Male’.

An official from the department told local media that the decision was made after considering the fact that holding the trials in the Justice Building would ease the administrative process and that the facilities available would also be an advantage.

“The trials will proceed at the hall in the ground floor of the building,” he added.

The letter

Following High Court’s decision, ex-President Nasheed stated in a press conference held last Friday that he had sent a letter requesting the Hulhumale’ Magistrate Court to expedite the case.

Initially, the magistrate court denied the receipt of Nasheed’s letter but later in a press statement acknowledged the reception of the letter and stated that steps were being taken to commence the trial as soon as possible.

Nasheed maintained that he is willing to be present at court to defend his decision to arrest the Judge, reiterating that if he should return to power again, he would still do the same, alleging that Judge Abdulla was central to the flawed criminal justice system of the country.

In April, Nasheed told the UK’s Guardian that he did not like arresting a judge, but he “just couldn’t let him [Abdulla Mohamed] sit on the bench.”

“There is a huge lack of confidence in the judiciary, and I had to do something and the constitution calls upon me to do that. It’s not a nice thing to do. And it’s not a thing that I would want to do. And it’s not a thing that I liked doing. But it had to be done,” he added.

Nasheed, who is also now the presidential candidate of the opposition Maldivian Democratic Party (MDP), stands charged with violating Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

If found guilty, Nasheed and Tholhath will face a jail sentence or banishment for three years or a Rf 3000 fine (US$193.5), a sentence that would bar him from contesting the elections.

The opposition MDP has claimed that the case is politically motivated by Nasheed’s opponents in an attempt to bar him from running for future elections.

Home Minister Mohamed Jameel in a post on social media service Twitter has said the “historic criminal trial” is the “first step towards the national healing process.”

Meanwhile, the MDP claimed it expects the trial – whether in Hulhumale’ or another court – to go ahead regardless of legality.  The party has alleged the case serves solely as a mean to convict the former president and potentially prevent him from contesting in the next presidential election.

MDP Spokesperson MP Imthiyaz Fahmy did not respond to calls at time of press.

The Arrest

The chief judge was detained by the military, after he had opened the court to order the immediate release of the current Home Minister and deputy leader of the Dhivehi Quamee Party Mohamed Jameel Ahmed.

Jameel was arrested after President’s Office requested an investigation into “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

The judge’s whereabouts were not revealed until January 18.

As Judge Abdulla continued to be held, Prosecutor General (PG) Ahmed Muizz later joined the High Court and Supreme Court in condemning the MNDF’s role in the arrest, requesting that the judge be released.

The police are required to go through the Prosecutor General’s (PG) Office to obtain an arrest warrant from the High Court, Muizz said, claiming the MNDF and Nasheed’s administration “haven’t followed the procedures, and the authorities are in breach of law.They could be charged with contempt of the courts.”

He then ordered the Human Rights Commission of the Maldives (HRCM) to investigate the matter.

Judge Abdulla’s arrest sparked three weeks of anti-government protests, beginning in January, while the government appealed for assistance from the Commonwealth and UN to reform the judiciary.

As protests escalated, elements of the police and military mutinied on February 7, alleging Nasheed’s orders to arrest the judge were unlawful. A Commonwealth legal delegation had landed in the capital only days earlier.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Nasheed’s Maldivian Democratic Party (MDP) has taken to the streets in recent months calling for an early election.

Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

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Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers

International advisors to the Commission of National Inquiry (CNI) – Judicial Advisor Sir Bruce Robertson and Legal Advisor Professor John Packer – have defended the commission’s independence and professionalism in the wake of criticism from the MDP’s representative.

Ahmed ‘Gahaa’ Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and misleading translations.

“Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation,” stated Robertson and Packer, in an appendix to the report. “The other member was not at all times willing or able to act independently and resigned the evening before the report was submitted and published.”

Saeed’s resignation created “discord and mistrust” in a community “in desperate need of reconciliation”, the pair claimed, defending the professionalism of the CNI’s methods.

“We have seen nothing but objective and independent professionalism in the institution. The Commission has sensibly and sensitively heard all who wanted to make a contribution. It has firmly and fairly held participants to telling what they had heard and seen for themselves and deflected them from conjecture and speculation without facts.”

“The nation has been well served by the Commissioners and any assertions of bias or lack of objectivity levelled against those remaining have no justification. They reflect badly on those making unfounded allegations,” Packer and Robertson stated.

“For the evidence collecting exercise to have value all witnesses had to be questioned and challenged about their recollections of events and the basis for them. Equally they had to be confronted with alternative evidence so they had the opportunity to comment on it. Some found this process unsettling. Many were familiar and only comfortable with making assertions and not being required to justify or explain how they had reached their view,” they noted.

As the evidence unfolded, the advisors said they observed “a national obsession with street demonstrating at an alarming level”.

“Some would want to call [this] an example of the rights of freedom of expression and assembly. In reality it is rather more bully-boy tactics involving actual and threatened intimidation by a violent mob,” they stated.

“This perpetual behaviour is sapping public life and hindering the Maldives’ development as a modern democracy.”

The evidence revealed longstanding tensions in the Constitution as a result of a Presidential system being “grafted” on to a parliamentary system.

“The creation of independent commissions will only be the safety valve intended when they are adequately resourced and fulfil their mandates in a timely and decisive manner,” they observed.

Furthermore, “Fundamental to the operation of a modern democratic society is the existence of an operating and absolutely independent judiciary which has the confidence of the entire community. Radical action is required to breathe utility into much of the state framework, especially to ensure the proper administration of justice. This cannot wait.”

Dunya writes to McKinnon

The comments from the international advisers followed a letter sent to Commonwealth Envoy to the Maldives Sir Donald McKinnon by State Minister for Foreign Affairs Dunya Maumoon., daughter of former President Maumoon Abdul Gayoom.

In the letter, obtained by Minivan News, Dunya advises McKinnon that Saeed had “put the Commission’s work at risk by publicly questioning the credibility of its draft report, three days before its scheduled publication.

“He has also questioned the integrity of the highly respected senior judge from Singapore, Justice Selvam, the Co-Chair of the Commission, who was recruited by the Commonwealth. This is a disturbing development that could inflame the already heated political environment in the Maldives,” Dunya wrote.

She informed McKinnon that it was “time the Commonwealth puts into perspective the pattern of behavior by former President Nasheed since he resigned from the office of President, and ponders the credibility of his accusations and claims.”

“The government is committed to bringing stability into the country and cultivating the values of democracy in the Maldives,” she claimed.

“You may recall that while accepting Mr Saeed’s name to the CNI, the government made it very clear its strong reservations about Mr Saeed’s impartiality and independence because of his close associations with the MDP.

“We request you call upon former President Nasheed and his supporters in the MDP, as well as Mr Saeed, to stop their intimidatory actions and let the work of the CNI proceed to a successful conclusion. The Commonwealth’s valuable role in resolving the political tensions in the maldives is a critical one, and that role should also be seen to be fair as well,” Dunya wrote.

“Otherwise there is a risk that the country’s young democracy might be pushed into a steep decline where only chaos will reign.”

Former President Nasheed on Friday accepted the CNI’s report, subject to Saeed’s reservations, however he observed that the report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

Minivan News is currently waiting for a response from MDP Spokesperson Hamid Abdul Ghafoor.

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