Tag: MDP

MP Ali Azim arrested on third consecutive night of MDP protests

Maldivian Democratic Party (MDP) supporters protested for the third consecutive day on Sunday (September 29), resulting in confrontations between the police and protesters with multiple arrests – including that of party parliament members.

Protests began at around 2:00pm near the FDI Station on Fareedhee Magu – the closest protesters can go to the Supreme Court building, as the area remains cordoned off by police and military forces.

Crowds grew and thinned alternatively throughout a period of 12 hours, with the main confrontations occurring after 10:00pm.

Minivan News observed that earlier in the night the MNDF was in charge of security operations in the area. About 400 protesters, while playing campaign songs and chanting slogans – “Forward, forward, swiftly forward”, “Give us our right to vote”, “We don’t want to selectively follow parts of the constitution” – were peaceful.

Police, including Special Operations (SO) officers, took over security operations later in the night, around which time the atmosphere became more heated.

Leading the protest were MDP Vice Presidential Candidate Dr Mustafa Lutfi, MP Ali Azim, former foreign minister Ahmed Naseem, and former Attorney General Dhiyana Saeed.

MDP MP Ali Azim was addressing the protesters from a campaign truck close to the police barricades when SO officers took him under arrest. A video on social media shows SO officers run up to the parliament member, pull him off the truck and onto the ground before dragging him away through the crowd and past the line of barricades.

Eye witnesses say that police kicked him and hit him with batons prior to dragging him to their vehicle.

The MDP has today released a press statement saying that the party “harshly condemns the brutal arrest of Ali Azim”.

“This is an act to intimidate the people and a violation of freedoms provided in the constitution.”

Protesters threw stones and empty plastic bottles over the barricades into the police lines, while police used batons, pepper spray and a substance with a strong chemical smell which caused wheezing and difficulty in breathing.

“I don’t know what this is, but having felt the pain of being pepper-sprayed and teargassed, I can tell you this is a different substance. An irritant of some sort. It smarts so very bad and feels like I have sand in my eyes. My skin feels like it is peeling away and burned,” said a 34 year-old male protester affected by the substance during last night’s protests.

“Do I deserve this in return for asking for justice? For demanding an elected government?” he asked, while pouring Coca Cola over his face in an attempt to regain sight and take away some of the pain.

According to police media a total of eight arrests were made last night. Police denied that any substance or chemical besides pepper spray was used to control the protests.

“Nothing except pepper spray. No new chemicals were used,” the spokesperson stated.

Minivan News observed at least 13 male protesters being taken into police custody after snatch teams of SO officers went into crowds and chased them.

Many of the protesters were frisked in the presence of media behind police lines prior to being taken into the police vehicles – a practice which has not previously been observed at the protests following the February 7 controversial transfer of power.

After consecutive and frequent SO officer charges into the crowd, protesters thinned out around 1.45am, leaving a few dozen people standing by in small crowds, defiantly chanting “justice now”. Police left the area at approximately 2:00am when protests died down for the night.

The MDP has said that it will continue the protests and has called on the Human Rights Commission of Maldives (HRCM) and the prosecutor general to investigate the arrests of the DRP MP and other protesters.

MP Ali Azim was brought to court at 2.30pm this afternoon and his detention has been extended for seven days.

Meanwhile, police have said they are investigating four MDP MPs for contempt of court and threatening police, judges and their families. These are Feydhoo MP Alhan Fahmy, Malé MPs Imthiyaz Fahmy, Mohamed Rasheed (Bonda) and Reeko Moosa Manik.

Furthermore police arrested Malé MP Hamid Abdul Gafoor today to ensure his presence at a Criminal Court trial tomorrow on alleged possession of alcohol.

MDP MP Ali Waheed’s car was vandalised in the evening, and a motorcycle and car were torched at 3:00 am. The police also said wife of a policeman was hit by a motorcycle at noon. She is eight months pregnant.

MP Ali Azim arrested during Sunday night’s protests

Likes(0)Dislikes(0)

MDP call for a “people’s government” if no election by November 11

The Maldivian Democratic Party (MDP)  passed a resolution on Sunday (September 29), calling for the establishment of a people’s government headed by the party’s presidential candidate and former president Mohamed Nasheed, if no elected president is sworn in by the end of the current presidential term on November 11.

The resolution comes after the Maldives Police Services forcibly brought run-off preparations to a halt on Friday following a Supreme Court order to delay the second round of presidential elections in an ongoing case filed by third placed Jumhooree Party (JP) to annul the vote.

The MDP emerged as the front-runner with 45.45 percent of the vote in the first round of polls and was set to run against the Progressive Party of the Maldives (PPM), which won 25.35 percent in a second round on September 29.

The resolution, passed with unanimous approval of 78 members, says the party will continue its presidential campaign activities, will actively participate in peaceful political activity to get the right to vote, and is to establish a people’s government if a president is not sworn in by November 11.

“If no elected President is sworn in as per the constitution on 11 November 2013, then the MDP by virtue of the mandate given to them by the first round of the Presidential elections held on 7 September 2013, will work to establish a people’s Government headed by the MDP’s Presidential candidate, President Mohamed Nasheed,” the resolution read.

The party is to hold discussions with all state institutions and the international community to seek their support for the people’s government.

Further, the party has called for civil disobedience and will begin mass protests calling for the establishment of a people’s government, and will carry out political activity in Male’ and the atolls.

According to the resolution, MDP’s campaign offices and atolls will be reactivated and campaign officials are to travel across the country to continue with presidential campaign. Door-to-door activities are to restart.

The PPM’s legal advisor Mohamed Waheed Ibrahim yesterday said that the Supreme Court should decide who to hand the presidency to should presidential elections fail to take place by November 11.

Meanwhile, the Jumhooree Party has criticised the MDP’s resolution as “extremist and harmful” and says the MDP wants to “create strife and plunge the country into a behavioural war by bringing people from the atolls into Malé.”

In a statement released on Sunday, the party said it wants a speedy verdict in the Supreme Court case and said “the Jumhooree Coalition will obey any Supreme Court verdict that calls for a revote and ensures first round’s fraud is not repeated.”

The Maldives’ first round of polling has received praise from international and domestic observers, whilst the Supreme Court’s decision to delay polls has been met with global and domestic concern.

Likes(0)Dislikes(0)

PPM seeks to remove MPs from Majlis for contempt of court

The Progressive Party of the Maldives (PPM) has said it will seek to remove MPs from the People’s Majlis through the Supreme Court, for contempt of court over their challenging of the apex court’s  order to delay the second round of presidential polls.

Several MPs of the Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP) have spoken out against a Supreme Court’s order to delay polls in an ongoing case filed by third placed Jumhooree Party (JP) to annul the vote. The court issued a second injunction on Friday ordering the security forces to halt the Elections Commission and other parties from proceeding with polls.

Following the second injunction, the police surrounded the Elections Commission on Friday and forcibly brought preparations for the runoff to a halt. The MDP won 45.45 percent in the first round and was set to compete with the PPM in runoff polls on Saturday.

Speaking to the press today, PPM’s legal advisor Mohamed Waheed Ibrahim said, “There is a dispute on whether [MPs] have lost their seats in parliament due to speaking out against Maldives’ Supreme Court’s order and defaming the Supreme Court, and other court’s judges. I would like to inform you we will file this case at the Supreme Court.”

Meanwhile, MDP MPs Alhan Fahmy and Imthiyaz Fahmy received police summons for an investigation into contempt of court. The police told Minivan News more MPs are under investigation, but declined to reveal names.

A police summons sent to Alhan and uploaded on Twitter states the MP is being investigated for “threatening judges and their families and contempt of court at a protest outside the Supreme Court on 23 September 2013.”

PPM’s legal advisor Waheed said the list of MPs they are seeking to disqualify from parliament “is long”. Furthermore, the PPM said it would not hesitate to file complaints against Speaker Abdulla Shahid if he had spoken out against the apex court’s order. Abdulla Shahid defected to the MDP in April.

Waheed also said the PPM believes the Supreme Court should decide who to hand the presidency to should presidential elections fail to take place by the end of the presidential term on November 11.

The MDP and its ally the DRP now control 39 out of 77 seats in the Majlis; a simple majority. The two parties passed a resolution on Monday ordering the EC to proceed with polls as planned, and called for the security forces to support the EC. However, the resolution was ignored in favor of the Supreme Court order.

The MDP has said it will utilise its simple majority to seek no-confidence motions against three ministers and the Prosecutor General.

In a statement on Saturday, the PPM has praised the Supreme Court’s election delay orders as a “giant stride forward in championing the constitutional rights of the Maldivian people.”

PPM contends that the court has sole and final jurisdiction to determine all disputes concerning presidential elections and is the final authority on interpretation of the constitution.

“Members of the MDP are breaking law and order continuously even now and spreading false information among the public, while also misguiding the international community,” the statement read.

The PPM has supported JP’s case to annul the vote, and has filed a separate case to delay polls to allow the party time to campaign.

The MDP has repeatedly criticised the Supreme Court for Justice Ali Hameed’s continued presence on the bench despite the leak of three sex videos in which Hameed appears to be fornicating with three different foreign women in a Colombo hotel room.

The UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in a damning report in May expressed concern over “inadequate and politicised” composition of the JSC and “shock” that members of the judiciary, including the Supreme Court, held memberships in political parties.

Likes(0)Dislikes(0)

Six protesters released on condition they don’t participate in protests for two months

The Criminal Court has released six persons arrested during the Maldivian Democratic Party (MDP) protest calling for presidential elections, on condition that they do not participate in protests for two months.

A police spokesperson today told Minivan News that, as of this morning nine protesters were in police custody.

”The court extended two person’s detention period to 15 days,” he said, adding that they were arrested on charges of objection to order and obstructing police duty.

In a statement issued last night (28 September) police said that a total 15 persons have been arrested following unrest in Male’ since September 23.

Police said three were arrested without any conditions, and that the court had extended the detention period of six persons.

Police Spokesperson said that last night seven others were arrested in addition to the 15 persons mention in the statement issued.

”15 is the total amount of persons that were arrested,” he said. ”Some of them have also been released without being taken to the court.”

MDP protesters took to the streets following an injunction issued by the Supreme Court regarding a case filed at the court by Jumhooree Party- led by unsuccessful first round candidate Gasim Ibrahim – to annul the poll on allegations that there had been major issues with the voter registration, and that the Elections Commission had changed votes.

After the Supreme Court issued the injunction, pro-MDP supporters have been protesting everyday near the Supreme Court and other areas of Male’.

MDP has also questioned the legitimacy of decisions made by the Supreme Court as certain judges on the bench have been accused of misdeeds, most notably Justice Ali Hameed who remaind subject to an ongoing investigations into leaked video tapes appearing to depict him engaging in sexual relations with foreign women.

Pairs of large white underpants – similar to those worn by the figure in the sex video – have become a common theme in the last week’s protests.

Likes(0)Dislikes(0)

Politics in paradise: Irufushi resort staff complain of political “firing spree”

Additional reporting by Neil Merrett

Staff at Irufushi Beach and Spa resort have expressed concern over a “firing spree” affecting staff members professing to support the Maldivian Democratic Party (MDP).

The resort, which in May 2013 abruptly terminated its agreement with hotel giant Hilton leading to the overnight resignation of 30 employees, is owned by Maldivian Development Alliance (MDA) leader Ahmed ‘Sun’ Shiyam. MDA is the coalition partner of the Progressive Party of Maldives (PPM), and is backing its candidate Abdulla Yameen in the presidential run-off.

According to staff at the resort, the management has been on a “firing spree” since the conclusion of the first round of elections, while some others have been suspended or warned of dismissal.

Minivan News obtained copies of three letters of termination, one dated September 19 and two dated September 26, instructing staff that their employment was “terminated with immediate effect”, and ordering them to collect their belongings and leave the island the same day. The letters did not give reason for the terminations.

Mohamed Rishwan, one of the first staff members who was fired from Irufushi, spoke to Minivan News about the “unfair circumstances surrounding [his] unexpected dismissal”.

Rishwan, who worked in the resort’s housekeeping department, was dismissed on September 26 and alleged the only response from the Human Resource Department to his request for a reason was “I don’t know. These were orders from the top management. Why do you need to support [MDP presidential candidate] Mohamed Nasheed?”.

“Our work and politics have been absolutely entangled by the current management. Staff at the resort are living in a constant state of fear of losing their jobs, despite performing at their best. The rumour is the HR Department plans to dismiss many others there who support MDP. Pressure increased after Nasheed won the majority of votes even on Irufushi in the first round,” Rishwan said.

According to results from Irufushi’s ballot box in the first round of voting on September 7,  59 staff on the resort voted for the MDP, 38 for the PPM, six for the JP and one for incumbent President Mohamed Waheed.

“When I demanded to meet the HR head after I was suddenly and unexpectedly dismissed, Shiyam’s brother met with us. He said there was no reason except that the resort no longer wanted us there. He then spent the rest of the meeting asking us why we supported Nasheed, promoting Yameen and his policies and trying to dissuade us from supporting MDP,” Rishwan continued.

“I told him I no longer wanted to live in fear, under such extreme political pressure, being discriminated against for political reasons. We were even harassed in the staff quarters by supporters of the opposite political ideology. The staff of Irufushi have been stripped of many constitutional rights and live under the repression of this new politicised management.

The Tourism Employees Association of the Maldives (TEAM) on Thursday committed its 5000 members to “prolonged” strike action should the election be delayed.

“The management have ordered all staff to register at the resort for voting. They’ve also said at staff briefings that all staff must vote for Yameen, and that no one should dare try implementing the workers’ strike that Nasheed spoke of,” Rishwan alleged.

“One colleague refused to register to vote at the resort, saying he will finish his duty and go to his nearby home island to vote citing that it was his constitutional right to do so. He was immediately fired. Some of my former colleagues are now saying that they will not dare cast a vote at all,” he said.

Another source, currently working at Irufushi, spoke on condition of anonymity of what he described as a repressive atmosphere among resort staff.

“Things are very difficult. I need to hold this job, so don’t name me. Shiyam is firing anyone he even suspects of supporting the MDP. Most of us are under what I would say is psychological trauma right now, afraid to speak our minds as there is so much pressure from above. We can’t all afford to lose our jobs, but is political affiliation any reason to be legally dismissed from a job?”

“MDA is forcing staff to sign up for their party, that’s the only path to job guarantee or promotion these days. They are also hiring groups of youth who live on this island but do nothing besides preparing campaign banners for the MDA coalition. I’ve been working here for many years, but I feel like a stranger here now with so many new, hostile faces. The sudden lack of usual liberties is very disheartening,” he said.

“There’s been at least five dismissals in the last week, and no one knows who is next. You see, this is our livelihood, how we support families. This is why everyone is bowing down to this repression, even if reluctantly, and attempting to hold our jobs.”

“Sun Shiyam has addressed all staff in extremely disrespectful, and even vulgar, terms. Let me quote what he said at a staff briefing: ‘You MDP lot are making ‘haram’ use of my money as your wages. You are not entitled to any of it. I will make sure I push out every single one of you MDP dogs from my resort. Mark my words.’ You see, this is the reason the staff are in fear. We need to let word out and let the world know,” another staff member told Minivan News.

“The management holds nightly staff gatherings where they slander Nasheed and praise Yameen. Staff are made to agree with all they say, or face dismissal within two days. They have said that they want 100 percent votes for Yameen from Irufushi in the second round, and that it is mandatory for all staff members to register to vote on Irufushi itself.”

“In fact, we’ve been told that if Yameen doesn’t win 100 percent, they will see what percentage Nasheed gets, and fire an equal percentage of staff based on who they suspect might have cast those votes. Most of us are now saying we will just cast invalid votes, or just not vote at all,” he said.

“Shiyam took over this resort in what the staff refers to as another coup d’etat at the resort level. Since then we have been gradually stripped of rights we are legally entitled to as citizens of the Maldives.”

Resort response

General Manager of Irufushi Beach and Spa Resort, Abdulla Thamheed, rejected allegations that the resort had fired staff members for politically-motivated reasons.

He said that after Sun Travel and Tours took over the site following the company’s decision to terminate its agreement with Hilton in May, a number of staff members had been fired for “not sharing the resort’s values”.

“These people were not on the same page with the company, so we have gone our separate ways,” he said.

Thamheed said the resort had not been affected by calls for strike action by tourism workers over the indefinite suspension of the run-off election.

He also questioned the motivation of any Maldivian seeking to damage the country’s luxury tourism industry, stating that most staff members had families they needed to support.

“No one is interested in striking [on the resort],” he said.

Before answering questions on the allegations of politically-motivated sackings at the resort, Thamheed requested he be quoted on the record as expressing concerns over “why a white European” was allowed to working at a Maldives-based publication such as Minivan News.

“The fact you are a white European doesn’t mean you can come to a third world country and break into our privacy,” he told Minivan News. “You are a white European and a failure in the UK. I have managed many five star resorts and met journalists from newspapers like the Sunday Times and the Daily Telegraph,” he said.

Upon confirming the reporter’s nationality as a UK citizen, Thamheed expressed his view that the journalist was a stereotypical reminder of the Maldives’ colonial past.  Asked to clarify his comment, he accepted that the Maldives itself had not been colonised by the UK.

“You see yourself as an imperialistic and colonial person, who believes they have imperial superiority over us. No one will give you a job outside this country,” Thamheed said.

He added that although his comments were “not personal”, but questioned Minivan News’ ethics as a news organisation and said the reporter could not be called a journalist for producing what he believed was “biased, one-sided propaganda”.

Thamheed went on to state that as a white European in the Maldives, the Minivan News reporter would not have sought to contact someone for a story in their own country during evening time.

“I have met many top journalists from newspapers like the Sunday Times and the Telegraph. Do you really think this is how journalists are supposed to behave?” he said.

Thamheed requested that his words be remembered by the journalist and quoted directly in this article.

“I don’t think you will be able to sleep tonight,” he said. “I am very happy I have spoken to you.”

MDA leader, MP and Irufushi owner Ahmed ‘Sun’ Shiyam was not responding to calls at time of press.

Likes(0)Dislikes(0)

Police arrest 12 after white underpants hung outside Rasdhoo Magistrate Court

Police have arrested 12 persons on the island of Rasdhoo in Alif Alif Atoll late on Wednesday night, after a pair of large white underpants were hung outside the entrance to the island’s Magistrate Court.

According to a source on Rasdhoo, the white pair of underpants was hung on a rope strung across the street in front of the court offices at about 5:00pm on Wednesday, “barely three inches away from the entrance, but nevertheless not in the court’s premises itself”.

The white pants are a reference to recently-leaked videos of Supreme Court (SC) judge Ali Hameed apparently fornicating with unidentified foreign women in a Colombo hotel room, and have become a symbol of protests against the Supreme Court’s suspension of Saturday’s highly anticipated presidential election.

“Police from the Rasdhoo station started work to remove the underpants at around 7:00pm, prompting a immediate gathering of over a hundred people near the police office,” a source from the island told Minivan News on condition of anonymity.

He said that the gathered people shouted at the police for removing the underpants: “Is the underwear the only illegal thing you could find on the street?” shouted some.

“You can remove the underpants from this island’s court, but you do nothing about the ones sitting on the Supreme Court bench,” called others.

Eyewitnesses said the police resorted to the use of pepper spray and physical force to disperse the crowd.

Another pair of underpants was again hung in front of the Magistrate Court later the night.

Locals say that a back-up police team – nearly 30 officers in full riot gear – came to the island around midnight to remove the new pair of underpants.

Although no more confrontations occurred, 12 persons are now in police custody in Rasdhoo police station.

“Just after midnight, police summoned the magistrate himself and made him sign arrest warrants. First they arrested six people. They then spoke to a group of people from the island who are working with the PPM [Progressive Party of Maldives], and got their help to identify some of the most active MDP [Maldivian Democratic Party] campaigners, and arrested them too. That isn’t a new tactic for them anyway,” the source alleged.

Police Media Official Chief Inspector Hassan Haneef was not responding to calls at the time of press.

Protesting with underpants

MDP members have begun using underpants in various rallies and protests following the Supreme Court’s ordering the Elections Commission to halt preparations for the presidential election run-offs, which were initially scheduled for this coming Saturday (September 28).

A pair of white underpants hung at the Raalhugandu area – the party’s rally grounds – has the words “Judiciary ‘happy, happy’. Where are the citizens’ rights?”, referring to phrases from the video clips allegedly showing Ali Hameed fornicating with multiple foreign women.

At Wednesday night’s rally, a cake decorated to look like a person wearing white underpants was also seen at the rally grounds, sporting the words “Happy Birthday, Fandiyaaru (Judge) Ali Hameed”.

During the first protests after the court issued the order on September 23, a group of protesters were observed hanging a large pair of white underpants on a police barricade placed across Chandhanee Magu in capital city Male’.

While the protests against the Supreme Court on September 23 prior to the issuance of the order showed people holding posters of still shots from the leaked videos, on Tuesday protesters carried cartoons depicting scenes from the film.

The placards and posters expressed the lack of respect the protesters have for the courts due to “disgraced judges accused of indecent behaviour and fornication sitting on the bench.”

Cartoons, images, and caricatures of Judge Ali Hameed and the white underpants are spreading around social media. One such image shows a Maldivian flag with a white pair of underpants replacing the white crescent in the centre.

Likes(0)Dislikes(0)

MDP calls on Supreme Court to remain within “legal ambit of the constitution”

The Maldivian Democratic Party (MDP) has called on the Supreme Court to “restrain itself to the legal ambit of the constitution” in an open letter from the party’s chairperson ‘Reeko’ Moosa Manik to Chief Justice Ahmed Faiz Hussain on Tuesday (September 24).

The party contended that its lawyers Hassan Latheef and Hisaan Hussain were “unlawfully suspended” by the apex court in ongoing proceedings of the Jumhooree Party’s case against the Elections Commission (EC) seeking annulment of the first round of the presidential election on September 7.

“Despite the Maldivian Democratic Party’s legal team claiming that proceedings cannot be held without their representation, the court’s decision to proceed regardless is in breach of the constitution, laws, regulation and juridical norms adhered to in the Maldives thus far,” the letter stated.

“Furthermore, it is of concern that during the proceedings there was apparent deferential treatment towards other parties to the case. Therefore, considering the manner in which the court has acted during these proceedings thus far, and since the party believes that proceedings will not continue in a way which guarantees the rights of the 95,000 people who publicly shown support for the party, this party wishes to revoke its inter-partes claim to the motion filed at the court.”

The MDP lawyers along with EC lawyer Husnu Suood were barred from proceedings by the Supreme Court yesterday for publicly criticising the court’s order indefinitely postponing the second round run-off of the presidential election scheduled for September 28.

“Journey to Justice”

In the wake of the Supreme Court’s stay order (Dhivehi) on Monday night (September 23), the party’s National Council passed a resolution approving continuous protests until a date was given for the run-off election.

MDP Spokesperson Hamed Abdul Ghafoor described the Supreme Court’s suspension of the election pending a judgment on the JP’s case as “a cynical attempt by President [Mohamed] Nasheed’s political opponents to delay an election they feared they were likely to lose.”

Nasheed emerged as the front runner in the first round of the polls with 45.45 percent (95,224 votes), followed by Progressive Party of Maldives (PPM) candidate Abdulla Yameen who received 25.35 percent (53,099 votes). The JP candidate Gasim Ibrahim narrowly missed out on the run-off with 24.07 percent (50,422) and contested the results at the Supreme Court alleging electoral fraud.

The JP and the PPM welcomed the Supreme Court injunction as a positive step towards ensuring a free and fair election. PPM candidate Abdulla Yameen told Minivan News that there was “nothing unconstitutional” with the court order.

“The Elections Commission got the opportunity to argue out their case and establish the credibility of the process,” he said.

The MDP yesterday relaunched its “Journey to Justice” demonstration at the Raalhugadu (surf point) area of the capital Male’ – 18 months after being evicted from the site by security forces – where it had set up a protest camp in February 2012 following former President Mohamed Nasheed’s resignation in what the party has maintained was a “coup d’etat” instigated by mutinous elements of the police and military working with the then-opposition.

The MDP chairperson’s letter to the Chief Justice meanwhile called upon the highest court of appeal to “uphold Article 8 of the Constitution [which] states that all powers of the State shall be exercised in accordance with the Constitution, Article 299 sub-article (a) that states that the administrators of justice shall wholly comply with the provisions of the Constitution, and Article 142 which stipulates that judges are subject to the Constitution and the law.”

The party contends that the court’s order disregarded article 111(a) of the constitution, which states that “a run-off election must be held within twenty one days after the first election.”

In his speech at the Raalhugadu protest site last night, Speaker of Parliament Abdulla Shahid asserted that the Supreme Court did not have the authority to override “any article of the constitution or even a letter of that article.”

Constitutional provisions could only be suspended by the president after declaring a state of emergency, Shahid explained, which has to first be approved by parliament.

Suspension of lawyers

In June 2012, lawyers held a crisis meeting following the publication by the Supreme Court of controversial regulations requiring all practicing lawyers to be registered at a court.

The regulations also authorised the courts to suspend lawyers for publicly criticising the judiciary or court decisions.

In February 2013, the Supreme Court suspended lawyer Abdulla Haseen after he criticised the judiciary on the MDP-aligned Raajje TV. Haseen was barred from advocating in any court in the country while the Supreme Court asked police to investigate him for contempt of court.

The Prosecutor General’s Office (PGO) however decided not to prosecute Haseen after police concluded its investigation.

Moreover, earlier this month, MDP MP Imthiyaz Fahmy was charged with contempt of court for allegedly defaming Supreme Court Justices on a Raajje TV programme.

In her report on the Maldivian judiciary, UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, wrote that the “enforcement of compulsory registration of lawyers with the courts is also unacceptable.”

“The regulation of disciplinary measures against lawyers falls outside of the prerogative of the judiciary or any other branch of power and contradicts the principle of independence of the legal profession. During her visit, the case of a lawyer who had been indefinitely suspended by the Supreme Court for allegedly criticizing one of its judgements in public was reported to the Special Rapporteur. Such a suspension leaves no avenue for appeal and review and it represents a violation of the rights of the lawyer,” the report stated.

Likes(0)Dislikes(0)

EC continues run-off preparations, stresses supremacy of constitution

The Elections Commission (EC) has said it will continue with preparations for the second round of presidential elections – scheduled for September 28 – and has stressed the supremacy of the constitution following conflicting orders by the Majlis and Supreme Court on a polling date.

The Majlis passed a resolution yesterday during a heated session, ordering the Elections Commission to proceed with polls as planned, as the Jumhooree Party (JP) seeks to annul the vote at the Supreme Court.

The apex court at 9:00 pm last night issued an order indefinitely postponing the run-off until it issues a verdict.

“We have not stopped any of our preparations,” President of the Elections Commissioner Fuwad Thowfeek told the press today. He then held up the constitution, saying “The main document we must follow is the constitution. The Constitution along with the election laws and regulations states how and when to hold elections.”

Vice President Ahmed Fayaz declined to comment on which order the EC would follow, saying the commission was in discussions with the Supreme Court, Majlis, and the President’s Office on a polling date.

Fayaz also stressed the supremacy of the constitution saying, “The Supreme Court, the presidency, Majlis, state institutions – all exist through the constitution and therefore cannot act against the constitution.”

“We may receive an order to proceed with polls, we cannot throw up our hands and go to sleep. We have to be ready at any point,” Fayaz added.

Fayaz pointed to a Supreme Court ruling at 8:00 pm on February 4, 2011, in which it had ordered the EC to proceed with local council elections in Addu City the next day. At the time, the Civil Court had ordered the EC to halt polls over a dispute to provide city status to Addu Atoll.

Delaying polls would be “logistically near-impossible,” Fayaz said. Polling booths are set up in school buildings throughout the country, he explained, but schools would not be available for polling between October 5 and late November as secondary school students sit for the GCSE O’Level exams.

The court ruling to delay polls was signed by four of the seven Supreme Court Judges – Justice Abdulla Saeed, Justice Ali Hameed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” the injunction read.

The EC maintains that the JP’s allegations of electoral fraud are unsubstantiated and, even if proven, would still be insufficient to affect the outcome of the first round election results.

Meanwhile, the Maldivian Democratic Party (MDP) – whose candidate Mohamed Nasheed polled first on September 7 – have taken to the streets in protest, having previously made clear that it would not allow a Supreme Court bench “consisting of disgraced judges accused of lewd conduct” to “abrogate the will of the people.”

Supreme Court Judge Ali Hameed has been implicated in a series of sex videos, but the judicial oversight body Judicial Services Commission (JSC) decided not to suspend the judge – against the advice of  a subcommittee it set up to investigate the matter.

The JP’s presidential candidate Gasim Ibrahim was a member of the JSC at the time of this decision.

Likes(0)Dislikes(0)

MDP to re-establish permanent protest site after “cynical attempt to delay election”

The MDP will set-up a permanent protest area in the Raalhugandu area of the capital Male’, following the Supreme Court’s decision to indefinitely postpone the second round of the country’s presidential elections.

“In compete defiance of the Constitution, this act by a discredited court is a betrayal of democracy and the will of the Maldivian people,” said party spokesman Hamid Abdul Ghafoor in a press release today.

“All local and international observers, including those from Transparency Maldives, the United Nations, the Commonwealth, and India praised the first round of elections as free and fair and without incident.

“This ruling is a cynical attempt by President Nasheed’s political opponents to delay an election they feared they were likely to lose.”

“The MDP reiterates the statement made by the UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, that ‘justice must not merely be done but must also be seen to be done and judges must not only be actually impartial they have to appear impartial to the public’.”

“We urgently appeal to our friends in the international community to use their good offices to ensure that elections can swiftly proceed in the Maldives,” the statement concluded.

Following the court’s decision on Monday evening, the party’s National Council resolved to protest continuously and peacefully until a date is given for the second round. The immediate scattered protests quickly tailed off as police were deployed to counter them.

“Maldivian norms are now changing. Tonight’s actions will be written in history as actions taken for that change,” Nasheed told the National Council.

MDP candidate Nasheed led the polls in the first round, with 45.45 percent of the vote, ostensibly setting up a second round run-off Progressive Party of Maldives (PPM) candidate Abdulla Yameen.

However, as yet unsubstantiated complaints from the third-placed Jumhooree Party (JP) – alleging voter fraud, have led the court to order a delay of the run-off until had has finished hearing the JP’s case.

Meanwhile, the MDP is currently protesting outside of the courtroom as the case continues today. The party intends to move into Raalhugandu – also known as the surf point – at 5:00pm today.

Back to ‘Justice Square’

“The people of the Maldives need a place to go and express their concern in a peaceful manner” said Aminath Shauna, the MDP’s Youth Wing leader.

“As President [Mohamed] Nasheed said yesterday, the job of the political parties is to facilitate peaceful political activity. We are making sure people have a place to express this in a peaceful manner.”

The MDP’s return to the area – previously dubbed ‘Justice Sqaure’ – will come 18 months after they were evicted from the site by security forces last year.

The party’s eviction immediately followed violent clashes with police as newly appointed President Dr Mohamed Waheed Hassan attempted to reopen the Majlis following the controversial resignation of former President Nasheed the previous month.

During the ensuing legal battle – during which the MDP claimed it had the right to protest in the area – state attorneys argued that the site had been used to conduct illegal activities, and that its occupants had been violent towards police.

Following the removal from Raalhugandu, the party leased the nearby Usfasgandu area of land from Male’ City Council, before Nasheed called upon the party to relocate to its numerous ‘jagahas’ (campaign centres) in preparation for the election.

Shauna today maintained that the party intended to continue pursuing non-violent forms of direct action.

“I don’t think people in the government will interfere with the MDP because the majority of the people have spoken.”

International reaction

The Supreme Court’s sudden decision to halt the election has jarred with the expectations of international parties, which unanimously labelled the first round of polls as fair and competitive and called for run-off to take place as scheduled on September 28.

“The people of Maldives went to the polls in good faith on 7 September to elect a president. That election was found by national and international observers, notably by a high-level and experienced Commonwealth Observer Group, to be competitive and credible,” said Commonwealth Special Envoy Sir Donald McKinnon, in a statement today.

“It is therefore deeply worrying to hear comments calling for the annulment of that election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.

“I therefore hope very much that the Supreme Court will deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.

“As I have stated before, the Maldivian people must be the winners in this election – they are  collectively more important than any one political leader. The people of Maldives worked hard to get a democratic constitution, they want it respected and it is their right that the elections deliver a result that reflects the wishes of the majority,” McKinnon said.

Likes(0)Dislikes(0)