Tag: Maldivian Democratic Party (MDP)

EC dismissals: MDP condemns, government coalition commends decision

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

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

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

Verdict must not be challenged: Gasim

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

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

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

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

Nasheed calls on citizens to protest

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

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

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

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

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

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

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

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

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

Will take necessary action to implement SC verdict: Government

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

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

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

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

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Alleged calls between EC Chair Thowfeek and former President Nasheed leaked

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The full leaked recording can be listened to here.

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“They say they have trust in the judiciary because they can influence it”: Nasheed

Former President Mohamed Nasheed has responded to President Abdulla Yameen’s declaration of trust in the judiciary by alleging that his confidence arises from the ruling Progressive Party of Maldives’ (PPM) ability to influence the judicial process.

Nasheed stated that both Yameen and his coalition partner Gasim Ibrahim of the Jumhooree Party were expressing utmost trust in an institution that the European Union and the United Nations, as well as Maldivian citizens continued to regard as in need of reform.

“By insisting that they hold such a strong trust in this institution, they are really confessing to the fact that they have undue political influence over this institution.”

They are saying that they have confidence that they can do whatever they want at any particular time through these courts,” Nasheed suggested.

He stated that the biggest obstacle to maintaining Islamic principles was the corrupt state of the judiciary and accused the Supreme Court of abusing and breaching the constitution.

“What is most needed is the services of a lawyer to become free of criminal charges. The government should not be allowed to place whatever charges they want against citizens,” he continued.

“What we are seeing today is the Supreme Court raising charges against anyone whenever they want and then themselves launching investigations into the matter,” Nasheed said, adding that the Supreme Court was currently acting in a manner previously observed in the 1980s.

Nasheed further described the apex court as having turned into a “political campaign office” due to what he alleged were political discussions which were taking place among the judges, and various statements of political nature made by them.

He accused the court of working “like the police, with utter impunity”, adding that the MDP would continue to raise its voice against any and all unconstitutional actions – regardless of who commits them.

Case against the Elections Commission

Speaking with regard to the Supreme Court’s current case against the Elections Commission (EC), Nasheed alleged that the panel of judges were “pulling members of the EC to court in an attempt to exert political influence over them”.

He dismissed the court’s actions as being unconstitutional, stating that as per law, the People’s Majlis – and not the apex court – held oversight powers over the EC.

Meanwhile, Vice President Dr Mohamed Jameel Ahmed has levied criticism against the EC, arguing that justice must be served to all alike, regardless of the office they hold.

He accused the EC of deliberately presenting obstacles and difficulties to his PPM at the approach of every election.

“Every time the PPM complains that the time the commission provides for any certain task is not sufficient, the EC will claim that they cannot extend the deadline. Then they will go ahead and extend the deadline anyway. This is something that we in PPM find very worrying,” Jameel said.

Jameel said that in order to win any election, the PPM had to face three competitors – the Maldivian Democratic Party, clandestine funds provided to the MDP by unknown entities, and the Elections Commission itself.

The Vice President further accused the EC of working against the laws which govern it, and of attempting to work in a manner that is beneficial to a certain party.

Civil Service

Speaking of his recent trip to the southern atolls, former President Nasheed noted that he had observed a trend of employees being transferred or fired based on their political affiliations.

“I want to say to the Civil Service Commission’s President Dr Latheef to please be aware. If even a single civil servant has to face such a loss, how will you defend your seat once we gain majority in parliament? We will closely observe what is done to the civil servants,” Nasheed stated.

He also alleged that employees at various tourist resorts were also being unduly dismissed for political reasons.

In the last quarter of 2013 – just ahead of the presidential election – employees from Irufushi Beach and Spa Resort and Sun Island resort spoke to Minivan News about what they alleged was the purging of employees based on their political affiliations.

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Opposition MP files four misconduct cases against Judge Abdulla Mohamed

Opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor has filed four cases of judicial-misconduct against the former Chief Judge of Criminal Court Abdulla Mohamed at the Judicial Service Commission (JSC).

The MDP in a statement (dhivehi) published on its official website claimed that the four cases filed against the judge had been based upon his misconduct during Hamid’s recent criminal trial.

Last October, Judge Abdulla Mohamed handed Hamid a six-month imprisonment sentence for his failure to comply with court summons in a case in which he faced charges of refusing to cooperate with the police.

However, Hamid’s conviction was quashed on appeal by the High Court, which held that the Criminal Court had not followed the established procedures in attempting to summon the MP to the court.

The High Court, in overturning the case, also reiterated that the Parliamentary Privileges Act at the time of Criminal Court’s issuance of the guilty verdict did not allow an MP to be summoned to court while parliament was in session.

In late November, the Supreme Court annulled several articles of the Privileges Act, including the clause that required all MPs – regardless of criminal conviction – to be present during votes. The Supreme Court’s move had prompted Hamid’s relocation from house arrest to Maafushi jail.

In the misconduct cases filed at the JSC – the state’s judicial watchdog responsible for disciplining judges – the Henveiru-South constituency MP accused Abdulla Mohamed of displaying outright rudeness towards him, stereotyping him as a criminal, publicly defaming him, and attempting to “politically” destroy him.

The MDP’s statement meanwhile added that Hamid intends to file more cases concerning the judges alleged misdemeanors,  including the fact that he had refused to provide a copy of the arrest warrant issued against Hamid.

Ghafoor was quoted in the statement claiming that he had only been able to receive the arrest warrant three day after the expiry of the warrant.

He also accused of the Judge of assisting the police to publicly broadcast his photograph in the media and implying him as a hard-lined criminal on the loose.

Controversies surrounding Judge Abdulla Mohamed

Shortly after the case, the JSC announced the transfer of Judge Abdulla from his position as Chief Judge of Criminal Court to the Chief Judge of the Drug Court as part of the commission’s shuffling of nine superior court judges.

In January 2012 Judge Abdulla was taken into military detention during the final days of former President Mohamed Nasheed’s administration after then-Home Minister Hassan Afeef had accused him of “taking the entire criminal justice system in his fist”.

Nasheed’s administration listed 14 cases of judicial misconduct concerning the judge that included obstruction of police duty – including withholding warrants for up to four days, ordering police to conduct unlawful investigations, disregarding precedents set forth by higher courts, deliberately holding up cases involving then-opposition figures, and barring media from corruption trials.

He was also accused by the Nasheed government of releasing of suspects detained for serious crimes “without a single hearing” and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The controversial judge was also thrust into the media limelight after he released a murder suspect “in the name of holding the health minister accountable”. The suspect later went on to kill a witness to the case.

The JSC earlier in November 2011 found Judge Abdulla guilty of violating the Judges Code of Ethics by making a politically biased statement in an interview he gave to private broadcaster DhiTV.

However, the JSC’s attempt to take action against him ended in vain after the Civil Court overruled the decision – later supported by the High Court.

Minivan News was unable to get a confirmation from the JSC regarding Hamid’s case – Secretary General Abu Bakuru was not responding to calls at time of press.

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Criminal Procedure Code Bill to include strong measures against hard-line offenders

The Chair of Parliament’s National Security Committee, MP ‘Reeko’ Moosa Manik has said that the Criminal Procedure Code bill currently being drafted in parliament will include strong measures to protect witnesses and ensure successful prosecutions.

The Hulhu-Henveiru constituency MP told local media that the parliament’s National Security Committee – charged with reviewing the bill – had decided to restrict the rights of those accused of major crimes as well as introducing strict procedures during criminal investigations.

Among the measures to be made part of the legislation include setting a limit for the maximum detention period of such suspect, reducing the right to remain silent and the right to obtain legal counsel while in custody.

Furthermore, Moosa said that the bill, once ratified, would make it mandatory for a suspect to consent to urine tests and DNA tests, as well as submitting fingerprint and handwriting samples.

Moosa said that the National Security Committee members have also agreed that 135 days ought to be the maximum period a person can be detained by police for criminal investigations.

Under the new provisions included in the bill, explained Moosa, police would be expected to conclude investigations and file for prosecution within a 60 day period, while the Prosecutor General’s (PG) Office must press charges within a 15-day period.

“The bill also allows suspects of major criminal offences to be placed under custody during police investigation and up until the trial is over,” Moosa told local media.

Mandatory tests and restrictions on right to remain silent

The Criminal Procedure Code bill was originally proposed during the 16th parliament session under former ruler Maumoon Abdul Gayoom, before being re-submitted by President Mohamed Nasheed’s administration during the next session.

The bill has been pending in parliament for the past five years, with the legislature coming under heavy fire from NGO’s and the public over the delay, particularly during the record high number of murder cases in the past three years that included the murder of former MP Dr Afrasheem Ali.

The Criminal Procedure Code bill identifies terrorism, murder and manslaughter, causing grievous bodily harm, offenses against minors, drug trafficking, money laundering and other similar acts as major criminal offences.

Those accused of less serious offences may be kept in detention for a period of 70 days – which includes 30 days for criminal investigations, 10 days for prosecution, and an additional 30 days to conclude the trial.

Moosa argued that, although the right to remain silent is enshrined in the constitution, no criminal suspect should have the liberty to refuse to undergo urine and DNA testing, which he argued would prove to be central for prosecutions.

“We believe the right to remain silent and consenting to taking urine and body samples are two different things.  This is the practice in all developed countries,” Moosa claimed.

Earlier this year opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor was sentenced to six-months in jail after he refused to cooperate with the courts investigation into an alleged refusal to provide a urine sample. The High Court, however, quashed his conviction on the grounds that the Criminal Court had not followed due process when deeming him guilty.

Witness protection

In order to safeguard possible witnesses to a crime, the committee members have also agreed to bar those accused of major crimes from privately meeting attorneys and family for a period of 36 hours from the time of arrest – a decision supported by both the police and the judiciary.

Both High Court Judge Abbas Shareef and Criminal Court Judge Muhuthaaz Muhsin have spoken in favor of such a provision during the committee’s discussions, which have also seen contributions from the PG’s Office, Human Rights Commission (HRCM), and the police.

“In 80 percent of the murder cases, witnesses were tempered through threatening and intimidation, after the accused meets with his lawyers and family members. This is something that is being talked about and this is how it is done,” Judge Muhsin told the committee.

Meanwhile High Court Judge Shareef told the committee that in some jurisdictions a suspect of a major criminal offence is denied of the right to obtain legal counsel or to meet their family and relatives for a period of three days, while in others family and relatives are not even informed of the suspect’s location.

“In some US States, [such a suspect] is not even at all allowed to meet family or obtain legal counsel. There are countries which have laws that allow a suspect’s location of detention be made confidential for a period of 72 hours,” Shareef explained.

HRCM member Jeehan Mahmood objected to the provisions, however, citing violations of fundamental human rights.

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Maldives police, thugs clash with pro-democracy protesters

Riot police, protesters and thugs brutally clashed during demonstrations last night, after President Mohamed Waheed declared he would stay in power beyond the conclusion of his presidential term.

Waheed’s decision half an hour before the expiry of his term prompted people to take to the streets in Male’.

While the majority of protesters were Maldivian Democratic Party (MDP) supporters, other political parties were also demonstrating to demand the constitution be upheld and Shahid be sworn in as president, a protest participant told Minivan News.

The Supreme Court on November 9 upheld its earlier ruling from October 7 stating that Waheed could remain in power past the conclusion of his term on November 11, dismissing a parliament resolution passed last week demanding the installment of the speaker after the expiry of the term.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, had previously declared that he had no intention of remaining in power “even a day after November 11”.

Prior to Waheed’s announcement, Minivan News observed large numbers of riot police assembling in Republic Square. Following Waheed’s declaration to remain in power protests immediately erupted in Male’.

About 100 protesters on foot and motorcycles had gathered in front of police barricades near Majeedia School on Sosun Magu by 11:45pm (November 10), continuously blasting vehicle horns and shouting at the Maldives Police Service (MPS), calling for Shahid to assume the presidency.

After the protesters moved the police barricades and began walking toward the People’s Majlis (Parliament), Special Operations (SO) police responded forcibly, hauling individuals from the crowd into custody, while aggressively forcing protesters back toward Sosun Magu.

Minivan News witnessed SO police pushing two young Maldivian women as well as a female Chinese photographer to clear the intersection.

Meanwhile a group of at least six police officers surrounded a male protester who was retreating back toward Sosun Magu, brutally beat him with their batons and pepper-sprayed his face at point blank range, before taking the man into custody. Another male protester on a motorcycle – who was in the process of turning to head back toward Sosun Magu – was hauled off his bike and beaten by multiple police officers.

Multiple protesters warned Minivan News to be cautious of “drunken thugs” dispersed among the crowd in a bid to incite violence.

A number of protesters alleged that the Progressive Party of Maldives (PPM) had hired gang members to act aggressive and violent, to prompt police to crackdown on the demonstrators.

“Everyone says this will continue until [former 30-year autocratic ruler] Maumoon Gayoom dies. He has too much money, power and influence. He does not want to let go,” 28 year-old Ahmed lamented. “And his corrupted family web have tentacles in everything.”

“The mafia keeps holding on to power. Today is a black day because we are going to crush down our own constitution,” said 27 year-old Saeed.

Shortly after being forced from the intersection, demonstrators surrounded and temporarily hijacked two city buses, pushed them toward the intersection and attempted to tip them over. Large stones were then hurled toward the riot police before they charged the crowd and arrested more people.

By approximately 2:00am the crowd had swelled to around 1000, who were primarily gathered near the intersection as well as scattered down the length of Sosun Magu.

Over 250 SO riot police were present and made multiple incursions into the crowd, charging demonstrators before dragging them away into custody. Some protesters near the police line were throwing stones, making a blockade with bicycles, and removing police barricades. However the vast majority were demonstrating peacefully, with a few sitting down in front of the barricades.

During one particularly violent ‘snatch and grab’ operation around 2:30am, Minivan News heard a small explosion before riot police stormed into the demonstration.

SO officers proceeded to rip the clothes off of a middle-aged man while arresting him. The protester had to hold his ‘mundu’ (traditional sarong) with one hand while being led away to prevent being undressed..

Minivan News also witnessed police hitting and trying to drag into custody a former Province Minister who was peaceably protesting; ultimately he was not arrested.

A group of riot police then began shoving photographers and journalists down the sidewalk, in addition to forcing protesters further south down Sosun Magu. The police line moved aggressively and a group of about 20 people were forced to seek refuge in an alley to prevent being trampled or injured.

Minivan News was repeatedly told by the Maldives Police Service (MPS) to stay behind police lines or be treated as a protester and risk injury. A photographer for local media outlet Haveeru sustained a head injury while reporting on the demonstration.

Additionally local media outlet Raajje TV claimed to have witnessed police leading away man by the groin.

“They are arresting him so they can go rape him,” two female protesters shouted at the SO as the man was being led away.

Police also grabbed a female protester’s buttocks and were beating old ladies on the side of the road, a protester alleged to Minivan News.

As the police crackdown grew more violent, the protesters’ response escalated, with more individuals throwing stones, while a few set fire to a barricade.

The demonstrators began chanting “money money SO”, and yelling insults at the riot police.

“What is the point in peacefully protesting? That’s what we’ve been doing since the February [2012] coup and nothing has changed,” said a 26 year-old protester.

“Every time [we protest] it’s like a flash of light which enlightens the whole country and then the light goes off for another week or more. It’s been like that since last February. People are feeling hopeless,” he continued.

“We just have a new dictator baghee [‘traitor’] Waheed; he’s Maumoon’s puppet,” he added.

Meanwhile a young boy, who appeared to be about eight years-old, showed Minivan News two stones that he indicated he was going to throw at the riot police. Shortly after, Minivan News learned the boy had been punched in the face and his bloody nose was being tended to by a half-dozen female protesters.

“This is nothing new. The security services have been acting this violent since Maumoon’s time. At least now you can talk about him without being jailed and tortured,” a former political prisoner and torture victim told Minivan News on condition of anonymity.

By 3:30am the crowd had thinned to around 200 protesters, at which point Minivan News witnessed a group of around six men that appeared to be in their 20’s arrived on motorcycles. The group proceeded to surround an MDP protester, forced him against the wall of a building, violently beat and attempted to stab the man with a large kitchen knife.

Police did not respond to the situation for several minutes – despite observing the attack – and eventually proceeded to take the victim into custody.

“Earlier the victim had been throwing stones at police,” an eyewitness told Minivan News. “I saw a police officer pick up the knife [after the attack], but they did not go after the thugs.”

“These gangsters were probably told who to target by the SO,” he alleged.

It is unclear whether the suspected attacker was taken into police custody or led away and then released, as there were conflicting eyewitness accounts.

SO police then proceeded to form a line and forced the remaining protesters and journalists to clear the area.

“There’s no law here according to the Supreme Court, President and police,” said a 27 year-old protester. “It’s a mafia state run by Maumoon and [PPM Presidential Candidate Abdulla] Yameen.”

Minivan News witnessed police arrest more than 25 individuals throughout the course of the protest.

As of 5:00am, one individual had been admitted for a minor head injury sustained in a fight, an Indira Gandhi Memorial Hospital (IGMH) official told Minivan News.

While ADK Hospital told Minivan News that one person was in the emergency room, but could not specify the type of injury.

Police report

Minivan News called Police Spokesperson Chief Inspector Hassan Haneef today (November 11), who requested he be contacted via the police media line instead of his personal number.

Upon doing so, the officer who answered stated the call had been misdirected to the wrong line and requested Minivan News redial the police media line. After repeatedly redialing the police media line there was no response.

The MPS ran a live blog throughout last night’s protest that stated 24 individuals had been arrested.

23:58: A protester has thrown a stone at and injured a police officer.
00:38: A protester threw a rock that hit and injured a journalist. We have received information that he is being treated at ADK hospital.
00:49: Protesters on Sosun Magu are from time to time throwing rocks at police.
00:49: Police have detained an individual for breaking through police barricades.
00:58: Police have detained 6 individuals, including a woman, for breaking through police barricades.
01:05: Some individuals among the protesters on Sosun Magu have vandalized the traffic lights at Sosun Magu/Majeedhiyya School junction.
01:55: A device that appears to be a molotov cocktail exploded in front of the Naadhee Building on Sosun Magu.
01:59: Police have arrested 6 people for obstructing police duty.
02:05: Police have arrested four individuals for crossing police barricades and obstructing police duty.
02:08: Individuals among the protesters on Sosun Magu have kicked down some bicycles on Sosun Magu.
02:18: Police barricades have been torched.
02:19: We have received reports that protesters are from time to time throw rocks and bottles at the media personnel.
02:20: Police have doused the torched police barricades.
02:24: Police are trying to set back the protesters at Roashanee Building on Sosun Magu.
03:21: Police have detained three women who broke through police barricades.
03:31: Police have started to push back the protesters in front of Majeedhiyya School on Sosun Magu.
03:38: Police have arrested four individuals for disobedience to order as they push back protesters.
04:00: Protesters have voluntarily left the area.

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MDP proposes bill allowing Speaker of Parliament to take charge after expiry of presidential term

The opposition Maldivian Democratic Party (MDP) yesterday (October 23) proposed a bill to parliament, which if passed would allow the Speaker to take charge of the government should no president-elect be determined by November 11.

The constitution only provides for a similar transition within the limits of the presidential term. The current Speaker of the House is MDP member Abdulla Shahid.

The bill (Dhivehi) sponsored by MDP MP Hamid Abdul Ghafoor – who is today seeking refuge from arrest in the Majlis chambers  – coincided with the party’s presidential candidate and former President Mohamed Nasheed’s contention that incumbent Dr Mohamed Waheed could not remain in power after November 11.

Meanwhile President Waheed himself has maintained that he does “not want to stay in this position even a day beyond November 11”.

Despite the statements by the president – who obtained just 5 percent of the popular vote in the annulled September 7 presidential polls – the Supreme Court has previously ruled that Waheed would be able to remain in power even after the expiry of his presidential term, citing the continuity of government principle.

This principle, first developed by the British, establishes defined procedures for allowing a government to continue its essential operations in case of nuclear war or any other catastrophic event.

The new bill titled ‘Legislation underlining transitional arrangements in the event no president-elect and vice president-elect is not determined at the end of the 2008 presidential term’ states that the primary purpose of the bill was to prevent any constitutional void that could arise in case no successor to the president or vice-president was elected by November 11.

Section 3(a) of the bill states:

‘Until the new president and the vice president are elected, the duties and responsibilities of the President would be undertaken by the Speaker of Parliament. If the Speaker of Parliament is unable to take the duties and responsibilities, then Deputy Speaker of Parliament will take undertake the duties and responsibilities. If both the Speaker of Parliament and the Deputy Speaker Parliament are unable to undertake the responsibilities and duties, it would be undertaken by a member of parliament determined by a resolution passed by the parliament.’

The section 3(b) meanwhile states that any person who takes charge as per section 3(a), is required to take the “oath of office by persons temporarily discharging the duties of the office of President and Vice President” as stipulated in article 126 of the constitution.

The bill also demands that the new caretaker-president ensures the completion of the first round of presidential election or the run-off election as mentioned in the article 111 of the constitution within a twenty-one day period.

The bill states that the winner of the presidential polls must take the oath of the office within 18 hours of the Elections Commission announcing the final results of the poll.

It also states that the term of the new presidency would commence only after they take oath, resulting the renewal of the presidential term every five years would take place on November 11.

The section 6 of the bill – a sunset provision – states that the bill would automatically expire once the new president and vice president take the oath of their office.

The submission of the bill also coincided with the Civil Service Commission’s meeting with all the presidential candidates regarding the appointment of the director of transition – a temporary official selected among the civil servants to oversee the transition of governments – as stipulated in the Presidential Elections Act.

Although MP Ghafoor’s bill has been submitted to the parliament, a date has to hold the preliminary debate of the bill is yet to be scheduled.

Parliamentary procedures dictate that the bill gets formally accepted to parliament only if the majority of the MPs vote in favour after holding the preliminary debate.

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MDP files no-confidence motion against the Prosecutor General

The opposition Maldivian Democratic Party (MDP) has filed a no-confidence motion against the Prosecutor General (PG) Ahmed Muiz today (October 24) claiming that that he had failed in taking action against the police and the military officers who mutinied against former President Mohamed Nasheed on February 2012.

Nasheed was forced to step down after his decision to arrest the Chief Judge of Criminal Court Abdulla Mohamed led to twenty-two days of continuous anti-government protests escalating into the mutiny. Following the ousting of its government, the then-ruling MDP alleged that Nasheed had been ousted in a bloodless coup d’état.

Despite the claims, a Commission of National Inquiry (CoNI) established by Nasheed’s successor Dr Mohamed Waheed – including a Singaporean judge, a representee nominated by Nasheed, and three other members handpicked by Waheed – concluded that the transfer did not amount to a coup, proclaiming Waheed appointment to have been legal.

However, the CoNI’s final report admitted that both officers of the police and military were involved in several unlawful activities during the change of government, making recommendations to the government to take action against them.

The MDP in its statement argued that the CoNI report had given clear evidence of gross misconduct by the police and the military that included brutalizing protesters and undermining fundamental rights guaranteed to the people by the constitution.

The party alleged that the PG – despite having the power, authority, and the mandate to look into such actions – had failed to take any action against the wrongdoing noted in the CoNI report.

Other reasons for filing the motion, the statement claimed, included the failure to come up with any results despite being mandated to oversee the functioning of the country’s criminal justice system, and the prioritising of personal over national interests when ordering investigations into criminal wrongdoings.

The statement further alleged that the PG has undermined the rights of the people due to the PG’s negligence in carrying out his duties.

The party also claimed that the PG had been silent to several massive discrepancies within the courts and had refused to act even at times when actions by the courts were obviously in contrast with laws and democratic norms.

Does not hold the qualities required by the constitution: MDP

“Based on aforementioned reasons, [we] file a case requesting the parliament to take no-confidence motion as per section 178(a) of the Parliamentary Regulations, against the Prosecutor General Ahmed Muiz, as he does not hold the qualities of an Independent and Impartial Prosecutor General as required by the Article 220 of the constitution,” read the statement.

Prosecutor General Muiz has come under heavy fire from the MDP for recent criminal charges filed against its senior party members, including its parliamentarians. The party has accused Muizz of being biased and politically aligned with government parties.

MDP presidential candidate Nasheed has previously alleged that Muiz’s independence and impartiality had been compromised in return for his job security.

Nasheed at the time claimed that the PG had fashioned criminal charges against people in such a fashion as to appease government-aligned groups in the parliament, thus ensuring he can remain in his position.

“Hamid Abdul Ghafoor…is facing charges for possessing alcohol and narcotics… A similar kind of thing was found from the suit case of Ahmed ‘Sun travel’ Shiyam [Leader of Maldivian Development Alliance],” said Nasheed said at the time.

“But the Prosecutor General did not notice that both cases had the same offence,”

However, following the recent decision by the government-aligned Dhivehi Rayyithunge Party (DRP) to support Nasheed, the opposition group has now become the majority in parliament.

The opposition MDP currently commands the support of 44 MPs that includes 34 members of the party and 10 from the DRP.

The MDP has meanwhile also filed similar no-confidence motions against the Attorney General, Defence Minister Mohamed Nazim, Parliament’s Deputy Speaker Ahmed Nazim and Tourism Minister Ahmed Adeeb for their roles in the government’s attempt to stall the presidential elections.

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JP and PPM request Supreme Court order further delaying Saturday’s election

Both the Jumhooree Party (JP) and the Progressive Party of Maldives (PPM) have filed cases with the Supreme Court requesting that tomorrow’s re-scheduled election not go ahead without all parties having signed the register.

The request for a new court order comes after both parties have thus-far refused to sign the amended electoral register for tomorrow’s election.

PPM MP Ahmed Nihan denied that his party had attempted to delay polling, claiming that the party still wished to have an election as soon as possible.

He added that the motion filed did not request any specific timeline, claiming that the party was trying to find a way that voting could go ahead as planned – positing the possibility of a public holiday to facilitate voting should tomorrow’s poll not go ahead.

Speaking to Haveeru, JP Lawyer Mohamed Haleem said they filed for the court order because they believed the EC would proceed with elections without getting voter lists approved.

“We have asked the Supreme Court for an order to hold elections after abiding by all procedures laid out in Supreme Court guideline number five. The Supreme Court has accepted the case,” he said.

At a press conference earlier today, Gasim explained that his party had doubts over the accuracy of the voter register, and would need at least two days to check the new lists.

“If an election is held tomorrow in violation of the Supreme Court ruling, it is without doubt an unlawful election. We cannot give space for such an election. And how can we support such an election?” said Gasim.

Gasim urged the EC to request further instruction from the court, after commission members had expressed a lack of guidance when faced with party’s refusing to sign the register.

“EC has failed to respond to the numerous complaints and concerns we have raised with them,” said PPM Deputy Leader and MP Abdulla Abdul Raheem at a separate press briefing. “It is impossible to hold a free and fair election until the EC complies with the regulations ordered by the Supreme Court.”

Stalemate

A meeting between the EC, party representatives and the Home Ministry at 9:00pm this evening reportedly ended in a stalemate, according to local media, with the JP and PPM insisting on time to verify the voter registry.

Candidate Mohamed Nasheed’s Maldivian Democratic Party, expressed its satisfaction with the new lists yesterday, noting a “neglibile” 0.61 percent margin of error. The frantic re-registration process saw over 71,000 forms submitted to the Elections Commission, after the Supreme Court opened at midnight on October 10 and ordered the commission to restart the procedure from scratch just days before the poll.

The revised voter registry is based on the Department of National Registration’s (DNR) registry and lists 239,198 eligible voters – 395 fewer than the 239,593 in the annulled September 7 polls that saw an 88 percent voter turnout.

Speaking to the press outside the EC this afternoon, Nasheed said an election by October 20 was “paramount” to the Supreme Court guidelines, and hence the EC must proceed with elections preparations and stand ready to hold elections as scheduled until the Supreme Court clarifies what the EC must do, or until the PPM and JP approve the list.

On October 7, Supreme Court annulled the first round of presidential elections held on September 7 after the third-placed JP filed a complaint alleging widespread electoral fraud, despite the polls being unanimously praised as free and fair by more than 1000 local and international elections observers.

The JP had narrowly placed third with 24.07 percent of the vote – only 2677 votes behind second placed PPM’s Yameen Abdul Gayoom. Front-runner Mohamed Nasheed received 45.45 percent of the vote.

The Supreme Court gave the EC a 12-day deadline to hold a re-vote, and delineated 16 guidelines which including compiling a new voter registry, a new re-registration process, and approval of the voter registry by all candidates contesting in the election.

PPM and JP representatives failed to turn up at the EC to approve the voter registry this morning. According to the EC, the JP had said the party would sign the registry when the commission presented a hard copy of the final voter list and verified five percent of over 70,000 re-registration forms.

International groups concerned by legal delays

Several foreign governments, including the US and UK, have meanwhile last week expressed concern about continued legal action being used to delay polls.

The US last week said it was “deeply concerned” about continued legal actions “that could further delay the Maldivian presidential election”.

“It is important that the [election] go forward unimpeded in a fair, inclusive and transparent way,” said Deputy Spokesperson for the US State Department, Marie Harf, in a statement. “The basis of any democracy is for citizens to choose their government, for political differences to be decided at the ballot box in an environment free of violence and for election results to be respected,” the statement read.

In a statement today the US Embassy in Colombo said the United States “is concerned that the re-organised first round of the Maldivian presidential election, set for October 19, may now be postponed.  Under the Constitution, a new President is required to be sworn in by November 11, 2013.  Further efforts to delay the electoral process could undermine the will of the people to choose their representative.”

“The Electoral Commission has made concerted efforts to comply with the Supreme Court’s requirements for a new first round, including the re-registration of thousands of voters.  Political leaders must come together to ensure that participatory democracy is not undermined and that free, fair, credible and inclusive elections can take place peacefully and in line with international standards,” the US stated.

The Indian government today said it was “deeply concerned” at the possibility of further delay.

“We call upon all political parties to show a spirit of understanding, cooperation and accommodation by supporting the efforts for holding elections as scheduled, including by accepting the voters’ register. Holding of free, fair and credible elections without further delay is essential for fulfilling the political aspirations of the people of Maldives,” the Indian government stated.

UK Foreign Secretary William Hague last week called on presidential candidates in the Maldives to respect the democratic process “and create conditions for free, fair elections.”

“It is imperative that there are no further delays and the elections be free, fair and inclusive, and that international observers are invited,” the Foreign Secretary said.

“I note the Supreme Court’s annulment of the first round of Presidential election results in Maldives, despite the assessment by both international and domestic monitors that proceedings were transparent, fair and credible,” said Hague, in a statement.

Hague urged presidential candidate “to act in line with the interests of the people of Maldives”, and expressed hope “that the process will enable the President elect to be inaugurated by 11 November, in line with the constitutional framework.”

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