MBC audio cable severed during parliament committee meeting

An audio cable of the Maldives Broadcasting Company (MBC) was severed during a meeting of parliament’s Independent Institutions Committee yesterday (November 4).

The meeting held to hear Prosecutor General Ahmed Muiz’s response to a no-confidence motion was disrupted by MPs of the government-aligned Progressive Party of Maldives, Jumhooree Party (JP), and Dhivehi Qaumee Party.

According to a statement by the parliament secretariat, the Maldives National Defence Force (MNDF) has been asked to investigate the incident.

Following the cancellation of a parliament sitting on September 23 amidst chaos in the chamber, opposition-aligned Raajje TV showed video footage of JP MP Ilham Ahmed, also the party’s deputy leader, take out what appeared to be a plier from his pocket and cut a cable.

A cable of the state broadcaster was also severed during a live telecast of a committee meeting in January 2012, briefly interrupting the live coverage.

Following the incident, MP Ilham was accused of cutting the cable by MPs of the Maldivian Democratic Party.

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US slams “extra-legal” attempts to derail democratic process

“Political differences are not unique to Maldives, and they should not be allowed to derail the process,” United States Embassy in Colombo has said.

Expressing concern over the delay of elections and reports of intimidation of MPs, the statement warns that, “Extra-legal maneuvering and calls for military intervention are neither appropriate, nor acceptable under international law.”

“Such issues could result in damage to Maldives’ international reputation and impact negatively upon the Maldivian economy,” the statement continued.

The third attempt to complete the presidential election has been scheduled for Saturday (November 9), with the date for a potential second round on the 16th.

Following the initial poll on September 7 – which appeared to have set up a run-off between Maldivian Democratic Party (MDP) candidate Mohamed Nasheed and Progressive Party of Maldives candidate Abdulla Yameen – the US urged all sides to accept the results, calling the much-praised poll a “victory for democracy”.

Prior to the re-scheduled October 19 poll, the US had expressed concerns – later realised –  at the potential for continued legal actions to cause further delays.

“Since the September 7 first round of elections were annulled via questionable tactics,  we have been actively engaging with all political parties and independent institutions to encourage a way forward that is in line with Maldives’ constitution,” continued yesterday’s statement.

“As the current government’s mandate expires on November 11, time is of the essence.”

A motion was passed last week detailing transitional arrangements for the Majlis speaker to take the interim presidency, prompting  the Jumhooree Party candidate – and filer of the complaints which led to the annulment of the original poll – Gasim Ibrahim to suggest that handing power over to the military would be preferable.

“Isn’t it better that our military takes over the country to save the country and maintain peace?” local media quoted the businessman and MP as saying.

Repeated delays of the presidential elections have evoked concern from across the globe, with the UK government also expressing its concern that the Maldives’ reputation would suffer should the current political crisis not be resolved with free and fair elections.

Minister of State at the Foreign and Commonwealth Office Hugo Swire told the UK’s House of Commons last week that he feared for the economic future of the country.

MDP candidate and former President Nasheed has also suggested that foreign actors were preparing for economic sanctions should no president-elect be confirmed by November 11.

“Ambassadors of foreign nations that I meet are now saying very openly that if there is no president-elect by November 11 they would have to take action under their normal rules or procedures,” Nasheed has reported.

A recent spate of legal actions against opposition MPs has also caused international concern, with the Inter-Parliamentary Union last week arranging an urgent visit to the Maldives in an attempt to build trust between feuding state institutions.

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Azima appointed special advisor to President Waheed

Less than one week after being removed from her position as Attorney General, Azima Shukoor has been appointed as Special Advisor to President Dr Mohamed Waheed.

The Maldivian Democratic Party had filed a no-confidence motion against Azima, arguing that she had demeaned the constitution, parliamentary powers and the integrity of the Attorney General’s post by advocating against the Elections Commission in September’s vote annulment case.

The appointment comes despite President Waheed’s term being constitutionally scheduled to end in just seven days. Whilst the Supreme Court has suggested he could legally continue in his role until a replacement is selected, the Majlis passed a motion last week providing for the speaker of the house to take over during any interim period.

Waheed himself has said that he does not wish to stay in office past the November 11 deadline. The re-scheduled election is due to take place this Saturday (November 9).

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International Democratic Union condemns “undemocratic” actions of police

The International Democratic Union (IDU) has released a statement condemning the “authoritarian”, “unconstitutional and undemocratic” role of the police in the cancellation of the October 19 presidential election.

“The IDU calls upon the President of the Maldives, the Government and all other political parties to ensure that the Elections Commissioner is empowered to hold a free and fair election to elect a new President immediately without interference from governmental authority,” read a press release from the group’s Executive Committee.

The IDU is a collection of over 54 centre-right political parties from around the globe who meet to discuss and exchange policy ideas. The group’s leadership includes former Australian Prime Minister John Howard and current UK Foreign Secretary William Hague.

The statement also expressed concern regarding potential restrictions on international election observers by the Government of Maldives.

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Police defend US$100,000 weapons shipment

Police Superintendent Abdulla Nawaz has defended the import of of over US$100,000 (MVR1.5million) worth of crowd control equipment from the UK’s Survitec Group.

The shipment of items – including various types of tear gas grenades and ‘rubber projectiles’ – was revealed by the UK’s Guardian newspaper yesterday.

“It’s not that the police are going to use each and every shell that has been brought to Maldives. The intention is very clear, it’s not that we intend to use it every time people come out onto the streets,” Nawaz told Minivan News today.

“Anything can be controversial if people try to make it a controversial issue.”

The Guardian quoted the UK Government as saying that it had would have blocked any such exports from within the country.

“We have not issued any licences for the export or trade of crowd control equipment to the Maldives in at least the last year. Under current circumstances, we would not do so,” the Department for Business, Innovation and Skills told the Guardian.

“The British government remains deeply concerned about the ongoing political situation in Maldives, including the reports of intimidation, violence and arrests that have taken place in recent months.”

The items evaded such scrutiny as they were shipped from Brazil after being sold by a Singapore based subsidiary of the company.

The itinerary – shipped at a further cost of US$40,000 – has been leaked via social media, and includes tear gas and tear gas grenades costing US$46,632 (MVR718,132).

When asked if the police had been able to procure such equipment from other countries, or on other occasions since the controversial transfer of power last year, Nawaz said that he did not know and would need to gain further clarification.

Excessive force

The Guardian’s article quoted both Amnesty International and Friends of Maldives as being used for political repression, particularly following the police’s integral role in the delay of the rescheduled elections on October 19.

“It’s tempting to think this consignment looks like a case of pre-emptive stockpiling by the MPS, forewarning a possible crackdown if the elections process continues in a manner not to its liking,” Friends of Maldives’ Dave Hardingham told the Guardian.

Nawaz today argued that the equipment listed was perfectly ordinary for any police force to have, urging that people instead focus on the way in which the equipment was used.

“Even though there is tear gas, we should look into how police have reacted. I believe that during the past 18-19 months, the force actually used against protests was very minimum. Very rare occasions,” he said.

“I believe that police forces across the globe have such things – it’s not that this is happening for the first time in the Maldives.”

“I can guarantee that the police service itself would not get into an illegal act to use excessive force against a citizen of the republic of maldives.”

Nawaz said that the police would do everything it could to look into any cases of excessive force by police, and urged independent authorities such as the Police Integrity Commission (PIC) and the Human Rights Commission to do the same.

February 7

The police played a key role in the contested resignation of former President Mohamed Nasheed on February 7 2012.

Anti-government protests led by then-opposition political parties and religious scholars resulted in a mutiny by a segments of both police and military officers against Nasheed, resulting in his premature departure from office.

The following day, Nasheed along with the MDP and thousands of people, took to the streets in protest claiming that he had been ousted in a bloodless coup d’état.

The demonstration were soon met, however, with a brutal crackdown from both police and military officers during which MDP MPs and members of the public sustained injuries.

The Commonwealth backed inquiry into the events of February 7, although claiming that the day’s events had not amounted to a coup, urged reform of the police force.

During a parliamentary inquiry by the Parliament’s Executive Oversight Committee (EOC) twelve months on, the PIC claimed that actions by police were  unlawful and amounted to crimes worthy of prosecution by the state.

After concluding its investigations last June, President of the PIC Abdulla Waheed said the commission had investigated a total of 20 cases of police misconduct that took place on February 6,7 and 8.

Out of the 20 cases, 12 concerned police brutality during the crackdown on protests and during the events that unfolded, while eight concerned issuance of unlawful orders, obeying unlawful orders and officers failing to comply with the law while on duty, said Waheed.

The police’s handling of anti-government protests in the months following the transfer of power were also chronicled by Amnesty International which urged the government to “remove any bias in the police force, so they act as officers of law without prejudice, and do not take sides politically.”

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“Our rivals do not know elections”: Nasheed

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

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

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

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

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

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

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

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

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

Neither MDP nor EC want a vote: Gasim

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

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

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

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

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

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

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

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

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

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

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

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

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

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High Court upholds Criminal Court decision to extend pre-trial detention of Azim

The High Court has upheld a Criminal Court decision to extend the detention period of Maldivian Democratic Party member Ali Azim, whose parliamentary seat is being contested by the Supreme Court and the Majlis.

Azim was arrested on charges that he attempted to assault a Maldives National Defence Force (MNDF) officer in control of the security of parliament. He has since been released to house arrest.

The High Court ruling on the appeal submitted by Azim stated that his arrest was lawful.

The High Court ruling stated that, on October 26, Azim went inside the parliament and attempted to assault an MNDF officer on duty, adding that it was the responsibility of the armed forces to stop anything that might be a threat to the security of  MPs.

The High Court ruling also said that Azim was arrested by police outside the parliament in the presence of his lawyer and that police have completed all the procedure stated in article 48 of the constitution.

Additionally, the High Court also noted that article 74 of the constitution states the Supreme Court has to determine if there is any dispute over the legitimacy of a parliamentarian and that, on October 24 at 6:30pm, the Supreme Court had ruled that Azim was disqualified from his seat and could no longer be considered a member of the Majlis.

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PPM member asks Supreme Court to remove DRP leader from parliament

Progressive Party of Maldives (PPM) council member and prominent lawyer Mohamed ‘Wadde’ Waheed has filed a case at the Supreme Court requesting the court disqualify Dhivehi Rayyithunge Party (DRP) Leader and MP Ahmed Thasmeen Ali from parliament.

Wadde yesterday told local media that Thasmeen took a MVR2.9million (US$188,067) loan from Parliament Deputy Speaker Ahmed Nazim and did not pay the money back in accordance with a Civil Court ruling.

Nazim filed a case at the Civil Court in 2011 to recover MVR1.9million (US$124,513) unpaid out of the MVR2.9 Million (US$188,067) Thasmeen took from him as a loan.

Article 73(c) of the constitution states: “A person shall be disqualified from election as, a member of the People’s Majlis, or a member of the People’s Majlis immediately becomes disqualified, if he has a decreed debt which is not being paid as provided in the judgment.”

Wadde said that, although Thasmeen had now paid all the money, he did not pay according to the Civil Court ruling, which required the repayment of MVR320,000 (US$20,779) each month for six consecutive months to clear the debt.

The Civil Court ruling came in April 2011, with Thasmeen unsuccessfully appealing the case at the High Court the same month.

In June 2012, Nazim filed another case at the Civil Court because Thasmeen was not paying as per the Civil Court resulting in the court issuing a warrant freezing all the bank accounts of Thasmeen and ordering the Immigration Department to hold Thasmeen’s passport.

Lawyer Wadde was chosen to contest the Kaashidhoo parliamentary by-election for the PPM in March 2012, before the party decided to support now-MDP MP Abdulla Jabir – then a member of the Jumhooree Party – prompting public criticism from Wadde.

The lawyer was also at odds with his party’s senior leadership last month after filing a case in the Supreme Court challenging opposition MDP candidate and former President Mohamed Nasheed’s candidacy.

In October Wadde also submitted a case to the Supreme Court seeking a ruling against the motion passed by parliament to appoint Speaker Abdulla Shahid as interim head of state in the instance that an elected president cannot be installed by the constitutionally mandated date, November 11.

The same day, Wadde also submitted another case to the court asking it to rule that the MDP MP Ahmed Hamza’s appointment to the judicial watchdog – the Judicial Services Commission (JSC) – was conducted in breach of the constitution.

Last night, the MDP issued a statement condemning the filing of the case against Thasmeen, alleging that the PPM was trying to undermine the constitution through the Supreme Court.

The party called upon the PPM to stop all of its works against the spirit of democracy.

The MDP said the PPM was using the Supreme Court to defeat political opponents because is understood that it had been defeated in the political field.

The Supreme Court ruled on October 24 that both MDP MP Ali Azim DRP MP Mohamed Nashiz be stripped of their parliamentary seats over decreed debt. The ruling was subsequently rejected by the Parliamentary Privileges Committee, with scuffles ensuing between the military and MPs at the subsequent Majlis session.

The current MDP and DRP alignment constitutes a simple majority in parliament.

The party also said that the citizens would not allow the PPM to use courts under the influence of former President Maumoon Abdul Gayoom to deprive the MDP of its majority in parliament.

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Defence Ministry slams Majlis recruitment of independent security

The Ministry of Defense and National Security has slammed the People’s Majlis decision to establish an independent security unit to oversee the safety of MPs and Majlis premises.

In a statement issued on Saturday, the Defense Ministry said Article 105 (a) and (b) of the constitution mandated the security forces to oversee security of the People’s Majlis offices, facilities and protection of all members, and hence the Maldives National Defense Forces (MNDF) is currently in charge of the task.

“When the constitution has set out specific responsibilities and roles for the Maldives security forces, the Ministry of Defense and National Security, as the most important institution mandated to ensure security of the Maldives, does not believe that the People’s Majlis secretariat can hand over this task to any body that is not part of the security forces.

And this ministry does not believe that the protection of the People’s Majlis, and ensuring the security of the Majlis can be handed over [to another party] in violation of the constitution,” the Defense Ministry said.

The statement follows the Majlis Speaker Abdulla Shahid’s appointment of former MNDF officer Mohamed Haleem to the position of Sergeant at Arms and announcement to recruit an additional 104 security officers.

Majlis secretariat announced for a Sergeant at Arms after MNDF officers stormed the People’s Majlis to remove Maldivian Democratic Party (MDP) MP Ali Azim from its premises. Shahid condemned the move stating that under parliamentary regulations, the MNDF are to operate under instructions from the Speaker inside the Majlis premises.

Soldiers clad in combat fatigues removed Azim from the Majlis building on October 26 after the Supreme Court stripped Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their seats over decreed debt. The Parliamentary Privileges Committee said it does not accept the “politically motivated” ruling.

The MDP and DRP currently control a simple majority in parliament. The DRP decided to back the MDP after its candidate Mohamed Nasheed gained 45.45 percent of the vote in the annulled first round of presidential elections on September 7.

Defending the Majlis

MDP MP and Spokesperson Hamid Abdul Ghafoor is currently taking refuge inside the Majlis following several attempts by police to arrest him and present him at the Criminal Court for a trial on alleged refusal to provide a urine sample. Hamid said the Criminal Court had fast tracked his case unlawfully and without due process to “purge” MDP MPs from parliament.

Refusal to provide urine can result in a one year jail sentence. If Hamid is found guilty, he may lose his parliament seat.

The Criminal Court on October 31 sentenced Hamid to six months in jail for disobedience to orders when he refused to comply with several criminal court summons.

However, Hamid will still be able to attend Majlis hearings after amendments to the Parliamentary Procedures the day before his sentencing permitting MPs to attend Majlis even if convicted of criminal offenses.

Speaking to Minivan News today, Hamid said: “I think it is very normal for a parliament to have its own security within its premises.”

DRP MP Rozaina also supported the move, saying: “In the system we have now, where courts, police and MNDF are politicized by the people leading these institutions, the Majlis definitely needs its own.”

The Inter-Parliamentary Union is currently in the Maldives to “to help find ways to improve trust and confidence between State institutions.” The IPU has expressed concern “the frequent intimidation, harassment and attack of MPs as they go about their work.”

The MDP led parliament also voted out Attorney General Azima Shakoor and has submitted no confidence motions against Defense Minister Mohamed Nazim, Prosecutor General Ahmed Muizz and deputy speaker and PPM MP Mohamed Nazim.

Three MDP MPs are currently on trial, while police have asked the PG to prosecute four additional MDP MPs.

MP Ali Waheed is on trial for disobedience to order for crossing a police barricade, while Hamid and Abdulla Jabir are on trial for alleged alcohol and drug abuse.

Police are charging MPs Alhan Fahmy, Imthiyaz Fahmy, and Mohamed Rasheed with contempt of court for criticizing the Supreme Court, and MP Ibrahim Rasheed with assaulting a police officer.

The MDP notes corruption charges against several government aligned MPs have been dropped since the controversial transfer of power in February 2012.

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