Supreme Court issues injunction indefinitely delaying election run-off

The Maldives Supreme Court has issued an injunction delaying the second round of the presidential election until it has finished looking into alleged discrepancies in the first round.

The second round had been scheduled for this coming Saturday – September 28.

“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,” read the Supreme Court injunction.

The ruling was discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

The decision came today just hours after Maldivian Democratic Party (MDP) members held a demonstration outside the Supreme Court, brandishing stills from one of the numerous sex-tapes allegedly involving Justice Hameed.

The MDP – the party with the most votes in the first round, with 45.45 percent – reconvened the People’s Majlis in order to push for the reconstitution of the Supreme Court bench.

“We will not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution,” the MDP said in a statement last week.

Despite chaotic scenes inside the Majlis yesterday, the party was able to push through a motion today calling for the second round to go ahead as scheduled.

MDP MP Hamid Abdul Ghafoor has said he was not surprised by the decision.

“The Supreme Court has gone against all common sense, international opinion and the majority of the country without any evidence to do so,” he said.

Ghafoor added that any indefinite postponement of the second round vote was unrealistic, while claiming the decision had been made by the court without any real evidence to support its decision.

The MDP said it was too early for the party to announce how it would seek to move forward on the basis of the court’s verdict today, though he said it would “likely involve direct action.”

A meeting of the party’s National Council has been announced for 10:30pm at Male’ City Hall.

Constitutional?

The court accepted the case six days ago, after the Jumhooree Party (JP) – which placed third in the first round – filed a case to annul the vote, alleging multiple discrepancies and fraud.

In a week’s worth of hearings, the complainant has still to produce concrete evidence, with the Election Commission’s lawyer – former Attorney General – Husnu Al Suood likening the case to a “fishing expedition”, alleging the JP was hoping to file another lawsuit based on any evidence collected from the current case.

The JP has rejected any assumption that an indefinite postponement to the country’s election may lead to political instability in the nation.

JP Deputy Leader Dr Ibrahim Didi said that ensuring a free and fair election was ultimately the most important factor in assuring stability within the Maldives and a “sustainable democracy” going forward.

“Political stability depends on political leaders’ actions, reactions and their party’s activities,” he said.

Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen, who was set to stand against MDP candidate Mohamed Nasheed in the run-off vote, told Minivan News there was “nothing unconstitutional” with the court verdict.

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

Yameen, who came second in the first round vote with 25 percent, said the country “should elect” a president soon.

“There’s time for that.  In [the presidential election of] 2008, voting was held on October 28,” he said, arguing that a postponement would not lead to any form of political instability.

Article 144 (b) of the constitution, titled ‘powers in constitutional matters’ states that, when deciding a constitutional matter within its jurisdiction, a court may make any order that is “just and equitable”, including:

“An order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the Constitution) for any period and on any conditions, to allow the competent authority to correct the defect.”

Elections Commissioner Fuwad Thowfeek previously told Minivan News that the constitutional timetable for the transfer of power could not be met should the run-off be delayed.

“120 days before the end of the current president’s term a presidential election must be held. If there is no election then the [democratic] constitution, presidential and general election law will not be satisfied,” he said.

Despite the vehement criticism from sections of the media, civil society and the JP, the conduct and capability of the EC has been universally lauded by international observers.

After Commonwealth Special Envoy, Sir Donald McKinnon, this weekend joined in calls for the September 28 run-off to go ahead as schedule, the Maldives Foreign Office warned international observers to “help, not hinder” the state’s institutions.

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Busting black magic on Guraidhoo

Aishath Moomina, a janitress at Kaafu Atoll Guraidhoo Island School, was attending to her usual early morning sweeping duties on September 3, when she found a kihaa (young coconut) with Arabic inscriptions buried outside the school gates.

Only a few days remained for the first round of presidential polls and ballot booths were to be set up at the school. That very same day, Moomina started to feel uncharacteristically tired and her skin started to burn.

“That’s when I knew it was black magic. This [black magic] happens every time there is an election,” she told Minivan News.

Guraidhoo, located 30 kilometers south of Malé and home to the country’s only home for people with special needs, is now at the centre of an election-related fanditha or black magic controversy. Since the discovery of the kihaa, various items with Qura’nic verses have been found in Guraidhoo School and throughout the island.

As a run-off election scheduled between the Maldivian Democratic Party (MDP) and Progressive Party of the Maldives (PPM) approaches on September 28, “cursed objects” have popped up in Fuvahmulah, Hithadhoo, Kudahuvadhoo and Velidhoo Islands.

Though the first round of polls went well, Moomina said that several students have had fainting spells, seizures, and have started to exhibit symptoms such as incoherent muttering, fainting, uncontrollable crying and tiredness.

On Sunday (September 22), Minivan News went to Guraidhoo Island to speak to residents on fanditha’s effect on the vote, finding a wide-spread deep belief in the supernatural, which combined with a tense presidential poll, has increased paranoia within the community.

This has spurred a group of men to actively patrol the two schools where polling booths will be placed and conduct a drive to undo the effects of fanditha.

Vote madness

The intense rivalry between political parties is evident on Guraidhoo’s narrow streets. The MDP’s yellow, the PPM’s pink and Jumhooree Party’s red flags fight for space, while political party campaign offices blast campaign songs at ear-drum shattering volume. Many islanders spoke of family members falling out and long-time neighbors refusing to speak to one another due to differences in political ideologies.

“There is a lot of turmoil in the island. People have gone mad for the vote,” said Faristha, a 47-year-old woman who discovered three Qurans buried in the lagoon. She believes the three Qurans buried in Guraidhoo’s lagoons are powerful black magic, as tradition dictates that the Quran only be disposed of in the open ocean or fast-flowing rivers.

“Black magic exists. If you believe in Allah and the prophet, then you must believe in djinns and black magic. The Quran says they exist. No man in their sane mind would throw away the Qurans like that,” she said waving her arms in anger.

Black magic is a crime punishable by death under the Islamic Shariah. While there are no legal sanctions or penalties against black magic in the written laws and regulations, the Maldives Police Services had arrested MDP activists and raided MDP protest camps on suspicion of black magic following the controversial transfer of power of February 2012.

With the proliferation of cursed objects, the Islamic Ministry released a sermon on Friday proclaiming black magic to be among the most evil of sins.

Black magic busters

Hassan Shuzeym, 35, is an artist, a caretaker at Guraidhoo’s Home for People with Special Needs, and now leader of the drive to undo black magic. Sitting at one of Guraidhoo’s newly opened guesthouses, the slim, dark-skinned Shuzeym told us how he organizes a 20-man patrol from dusk til dawn in order to ensure cursed objects are no longer buried at the schools.

A culture of performing black magic to coerce love or for personal gain had always existed on the island, Shuzeym told us over cigarettes and coffee. But black magic to influence votes on a large scale was new, he said.

“This magic is being done to change people’s hearts about their votes. But it’s only affecting the students who study at the school. We want to minimize the harm caused to people from the black magic.”

Shuzeym and his friends dig up objects and perform counter spells to cancel out their magic.

“In places where it is too dangerous to dig them out, we read surahs (chapters) of the Quran and sprinkle water on the area to cancel out their powers,” he said.

When asked how they knew where to look for cursed objects, Shuzeym told us with a mysterious look, “I can only tell you it is not with the help of humans.”

With their black-magic busting work, patrolling and observation teams, Shuzeym is confident the vote would be safe from all external influences.

As we left the guesthouse, we encountered a young MDP supporter who stopped us. Speaking on condition of anonymity, the young man told us he and his friends had performed one of the “black magic acts” that had created a furor in the island.

“I think the coconut is a fake, I believe black magic exists, but that coconut didn’t look real. I think it is by those who oppose us to intimidate us, so we spilled lots of water around all the entrances around both schools, just for a joke. We did not think anyone would take us seriously,” he said.

However, upon discovering water at the entrances, the janitors at Guraidhoo School stopped all students from entering the school premises until the school’s headmaster arrived and permitted them to do so.

“In the end, even if the coconut is fake, it has only been positive. We have more security for the vote,” the young man added.

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Parliament resolution to ‘ensure election’ passed with show of hands, amid protest by pro-government MPs

A resolution submitted by the Maldivian Democratic Party (MDP) calling on all state institutions to ensure that the second round of the presidential election is held as scheduled was passed at an extraordinary session of parliament today, amid disorderly protests by MPs of the government-aligned Progressive Party of Maldives (PPM) and Jumhooree Party (JP).

The resolution was read out by MDP MP Ali Waheed over loud protests and whistle and horn-blowing by pro-government MPs. The special sitting – held during the ongoing recess upon request of 29 MPs – was adjourned shortly thereafter by Speaker Abdulla Shahid due to disorder in the chamber caused by PPM and JP MPs gathered in front of his desk.

When the sitting resumed at 1:00pm to vote on the resolution, PPM and JP MPs were occupying the Speaker’s chair as well as the secretariat desk. The vote was called by Speaker Shahid – surrounded by security guards – standing in front of the chamber well and passed with a show of hands.

According to MP Ali Waheed, the resolution was passed with 37 votes in favour. The MPs occupying the Speaker’s space and secretariat desk appeared not to participate in the vote.


Following the adjournment of the sitting this morning, MDP MPs alleged on social media that MP Ahmed Amir – a member of the Maldives Development Alliance (MDA), which is currently backing PPM presidential candidate MP Abdulla Yameen – poured water on and damaged the parliament sound system.

The MDP resolution adopted by parliament today meanwhile states that the second round run-off scheduled for September 28 should “not be delayed for any reason” and called for all state institutions to cooperate with the Elections Commission (EC) in adherence with constitutionally-stipulated deadlines for the presidential election.

Moreover, the resolution stated that the parliament’s security services or ‘241’ committee would oversee the actions of the police and military with regard to the second round of the presidential election to be held next Saturday.

The resolution was passed while a Supreme Court case initiated by the JP seeking the annulment of the September 7 election is ongoing, with the fifth hearing taking place today.

Chaos in the chamber

Today’s sitting took place after two previous attempts yesterday was disrupted by PPM and JP MPs who blew on whistles and a vuvuzela and gathered in front of the Speaker’s desk.

Yesterday’s sitting in the morning was adjourned after Speaker Shahid’s microphone was vandalised during the disruption.

The sitting resumed at 9:00pm but could not proceed due to similar disorder caused by PPM and JP MPs protesting in front of the Speaker’s desk.

Videos meanwhile emerged on social media showing PPM MP Abdul Raheem Abdulla using obscene language against Speaker Shahid and insulting his mother during the morning session.

Following the cancellation of the 9:00pm session, the MDP-aligned Raajje TV showed video of JP MP Ilham Ahmed, also the party’s deputy leader, take out what appeared to be pliers from his pocket and cut a cable.

Local media reported that PPM MP Abdul Raheem Abdulla and JP MP Shifaq Mufeed were injured in scuffles that broke out between pro-government and MDP MPs at last night’s sitting. The former was reportedly treated at ADK hospital last night.

Despite their apparent injuries both MPs were seen actively protesting at this morning’s session.

Speaking at a press conference last night, PPM vice presidential candidate Dr Mohamed Jameel Ahmed contended that the MDP was attempting to “cover up irregularities of the first round” of the presidential election on through the parliament.

PPM MP Abdul Azeez Jamal Abubakur told press outside parliament today that the party believed MDP’s resolution was unlawful as it involved an ongoing court case, and suggested that the Supreme Court would rule that it was unconstitutional.

Both Dr Jameel and MP Abdul Azeez alleged that the first round of the polls was rigged in the MDP’s favour, claiming that the 95,224 votes (45.45 percent) its candidate former President Mohamed Nasheed received included fraudulent votes.

Meanwhile, in a letter to MPs published on the parliament website following the incidents last night, Speaker Shahid wrote that yesterday’s attempts to proceed with the sitting were unsuccessful due to “numerous acts in violation of the People’s Majlis’ regulations.”

“In particular, the sitting could not proceed because [computer] systems, cameras and cables in the Majlis chamber were damaged with sharp objects on a number of occasions,” the Speaker’s letter stated, expressing concern with the actions of MPs.

The Speaker added that “assault, damaging Majlis property, and intimidating Majlis staff” was “unacceptable” conduct as the parliament was an institution where disputes should be peacefully resolved through discussion and dialogue.

Meanwhile, a car in the garage of Speaker Shahid’s residence was set on fire in the early hours of Monday morning. Local media reported that the car belonged to Shahid’s brother.

Shahid told newspaper Haveeru that CCTV footage showed a man with his face covered pour petrol and set the car alight, describing it as “an act of intimidation” intended to incite political unrest.

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AG’s election intervention constitutional, yet morally questionable: senior legal source

Attorney General (AG) Azima Shukoor’s intervention in a Supreme Court case against the Elections Commission (EC) is constitutional, despite questions over the “moral grounds” for her involvement, a senior legal expert with experience working in government has said.

AG Azima last week intervened in a Supreme Court case filed by the Jumhooree Party (JP) seeking the annulment of the September 7 presidential election.

While the AG herself is not reported to be seeking an annulment of the first round of voting, she has asked the country’s apex court to order the prosecutor general and the police to investigate alleged electoral fraud after noting “serious issues”.

With no constitutional clause requiring the the AG’s involvement in the case, the intervention was made at the personal discretion of Azima, according to the confidential legal source.

The first round of voting has been met with unanimous confidence from local NGOs and international election observers over the credibility of the polls, amidst calls for the the second round of voting to proceed as scheduled.

The run-off vote is presently scheduled to be contested on September 28, between former President Mohamed Nasheed of the opposition Maldivian Democratic Party (MDP) and second placed candidate Abdulla Yameen of the Progressive Party of Maldives (PPM).

“Public interest”

The source – who has served in a senior legal capacity under the last two governments – maintained that the AG was entitled to enter a case she personally deemed to be in the “public interest”.

However, with Azima representing the government, whose incumbent President Dr Mohamed Waheed secured five per cent of the vote in the first round of polls, the legal source said some of his peers were questioning the AG’s mandate to seemingly take sides in the JP’s case.

“Having spoken with other lawyers, how would the AG, who represents a candidate with only five percent of the public vote, decide what is in the public interest [in regards to the election case]? The AG can decide what is in the public interest, but I do not believe she has sufficient moral grounds to do so [with this case],” the source argued.

The same source added that the AG’s role in the ongoing Supreme Court case was complicated by the Maldives’ present lack of general rules or legislation regulating issues such as conflict of interest and similar ethical issues within the court system.

“Problem with the AG is that she is currently the authority on ethics of other lawyers and when to reprimand them,” the legal figure added. “We also lack a legal and judicial culture to really appreciate the idea of professional ethics.”

“No comment”

Rather than appearing to back the grievances of the JP, the senior legal figure said the correct procedure for the AG would have been to provide ‘”no comment” to the court when asked about the capability of the EC.

The source pointed to previous conduct of the Prosecutor General’s Office (PGO) in a case, where the institution had been asked to defend the Maldives Police Service against allegations of arresting people outside of correct procedure.

With the High Court requesting the PGO to answer for police in the case, state prosecutors – concerned the MPS may be at fault – opted to provide a ‘no comment’ on the matter.

The legal source claimed that such a move – based on best practices from across the international community – allowed the courts to infer that police had acted outside of regulations without the PGO taking a side on the matter.

The legal figure also said that, although the AG was permitted to take a side in the case, she should not vocally back a specific party.

AG denies taking sides

Speaking during a Supreme Court hearing on September 18, Attorney General Azima told the court that the state was not taking sides in the legal dispute.

The opposition Maldivian Democratic Party (MDP) decided on Friday (September 20) are currently pursuing a no-confidence motion against Azima, as well as for a change the composition of the Supreme Court bench.

The MDP had  previously accused the Azima of advocating against “the interests of a state institution or the state and in favour of the Jumhooree Party’s self-interest.”

The AG, however, repeated her claims that the her office had come across discrepancies in the voter registry published by the EC prior to the election.

“There were names of underage people in the list. There were names repeated in the list. Unless these issues are resolved before holding the second round of the elections, rights of many voters will be undermined,” Shukoor told the court.

AG Azima and Deputy AG Ahmed Usham were not responding to requests for information at time of press.

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Extraordinary Majlis session cancelled amid chaos, vandalism in chamber

An extraordinary meeting of the People’s Majlis was cancelled today after Speaker Abdulla Shahid’s microphone was vandalised during a Progressive Party of the Maldives (PPM) and Jumhooree Party (JP)-led effort to disrupt parliamentary proceedings.

Twenty-nine MPs of the Maldivian Democratic Party (MDP) had asked Shahid to schedule an extraordinary sitting claiming certain politicians were “destroying constitutional tenets and straying from the path of democracy”, as the JP seeks to annul the first round of September’s presidential polls in the Supreme Court.

Vilifushi MP Riyaz Rasheed and Gemanafushi MP Ilham Ahmed blew on whistles and vuvuzelas as PPM and JP members raised numerous points of order and shouted “rigged vote.”

Shahid took a short break at 10:00am to speak with Parliamentary Group leaders, but was unable to reconvene the session after a cable on his table microphone was cut.

The MDP – which placed first with 45.45 percent of the vote – has said it will table a no confidence motion against Attorney General Azima Shakoor after she intervened in support of the JP and change the composition of the Supreme Court bench.

The MDP and its recent ally the Dhivehi Rayyithunge Party (DRP) control a majority in the Majlis with a combined strength of 39 of the 77 MPs.

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Elections Commission asks Adhaalath Party VP to explain “irreligious” allegations against Nasheed

Adhaalath Party Vice President Dr Mauroof Hassan has said the Elections Commission Complaints Bureau has sent him a second request asking him explain his justifications for calling Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed ‘ladhini’ (irreligious).

Mauroof said that although the EC had asked him to provide a response before 12:00pm Sunday (September 22), he had not yet sent a reply.

“I am currently working on drafting a response and will send it in when I am able to complete it,” he told Minivan News, adding he could not say how long this might take.

Mauroof said the letter had been sent regarding a complaint received by the EC Complaint Bureau concerning remarks he had made against Nasheed at a Jumhooree Coalition rally on September 10.

The AP Vice President has told local media that regardless of how much he and his words were investigated, he will not stop referring to Nasheed as an “irreligious man”.

He further alleged that Nasheed was to be called ‘ladhini’ alleging he was harassing the religion of Islam, disregarding of religious matters and attempting to the role of Islam by separating state and religion.

Mauroof alleged that the independence of the EC could now be questioned as a result of its decision to look into the matter of Nasheed being called ‘ladhini’.

He further alleged that the MDP had on February 8, 2012, set ablaze many state institutions in various parts of the country and committed a multitude of other illegal acts, adding that he is “astounded by the EC’s complete silence” regarding these actions.

He expressed deep concerns, alleging that based on the EC’s actions, he currently sees it as a commission filled with members who are actually activists associated with MDP.

“Adhaalath does not understand democracy”: MDP MP Hamid

Speaking about the matter, MDP MP and Spokesperson Hamid Abdul Ghafoor described the AP Vice President’s words as “nothing but meaningless rhetoric”.

“The Adhaalath Party has never managed to get elected to the parliament or councils or such post. Their political failures are a result of their lack of understanding of how democracy works. They simply are unable to comprehend it,” he stated.

“Their description of EC as an MDP campaign office further displays their ignorance on how independent commissions work. The EC will look into any acts which are unconstitutional and against the election related laws and regulations. This is why they are looking into this specific case too.”

Elections Commission President Fuwad Thaufeeq and Vice President Ahmed Fayaz were not responding to calls at the time of press.

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Former President Nasheed meets Jumhooree Party Leader Gasim Ibrahim

Former President Mohamed Nasheed met Jumhooree Party (JP) Leader Gasim Ibrahim at the business tycoon’s residence in Male’ last night.

Speaking briefly to press after the one-hour meeting, the presidential candidates of the Maldivian Democratic Party (MDP) and JP coalition said the pair had discussed matters of national interest and maintaining stability and public order.

Following the first round of the presidential election on September 7 – where Nasheed emerged the front runner with 45.45 percent of the vote and Gasim narrowly missed out on the second round run-off with 24.07 percent – the JP alleged vote rigging by the Elections Commission (EC) and contested the results at both the High Court and Supreme Court.

Asked if a possible coalition between the parties was discussed ahead of the run-off between Nasheed and Progressive Party of Maldives (PPM) candidate Abdulla Yameen – who came second with 25.35 of the vote – Gasim said “it has not reached that point yet,” adding that he bore no ill will toward anyone.

Nasheed meanwhile said that Gasim was “a family friend since childhood” who has offered good advice and counsel throughout the years.

The former president added that he expected Gasim to make a decision on either a coalition partner or whom to endorse after the conclusion of the ongoing Supreme Court case.

Gasim raised the possibility that he might face Nasheed in the second round run-off depending on the outcome of the Supreme Court case.

Asked how much confidence he had that the JP leader would back the MDP candidate, Nasheed said Gasim would “never have to come behind me, but we can always work together.”

Nasheed was accompanied at the meeting by MDP parliamentary group leader MP Ibrahim Mohamed Solih.

No decision until court case is over

In the wake of the meeting between the presidential candidates, the Adhaalath Party and former deputy leader of the PPM, Umar Naseer – members of the JP coalition – expressed concern at Gasim’s decision to meet Nasheed, and declared that they would leave the coalition if the JP leader decided to back Nasheed in the run-off election on September 28.

Local media reported that after his meeting with Nasheed, Gasim also met MDP MP Ali Waheed, the party’s parliamentary group deputy leader, and former State Minister for Transport Hassan Shujau at his residence.

The JP meanwhile put out a press release last night insisting that Gasim and Nasheed did not discuss forming a coalition or withdrawing the Supreme Court case.

The statement noted that since the first round of the polls on September 7, Gasim has met former President Maumoon Abdul Gayoom, current President Dr Mohamed Waheed Hassan Manik and spoke with PPM candidate Yameen on the phone “more than once to discuss national affairs.”

“Honourable Gasim’s policy is to talk with political leaders of all political ideologies in the country on matters of national interest and encourage maintaining stability and peace,” the statement read.

The party claimed that Nasheed had visited Gasim at his residence twice before last night’s meeting but was unable to meet the JP leader before the third attempt as he was not home the previous times.

The JP statement reiterated that the party would not consider forming a coalition or endorsing a candidate in the second round before the conclusion of the Supreme Court case.

“The Jumhooree coalition’s presidential candidate Honourable Gasim Ibrahim believes that the rights of  thousands of Maldivian citizens were lost because of the Elections Commission rigging the vote and committing a number of acts in violation of election laws. The nation is at the brink of turmoil and unrest. Therefore, more than anything else, Gasim Ibrahim’s efforts at present is focused on restoring the rights of citizens that were lost due to electoral fraud,” the statement read.

International opinion

Meanwhile, joining a growing international chorus backing the credibility of the September 7 election, the UN Secretary General Ban Ki-moon issued a statement yesterday noting that “the conduct of the first round had been widely recognised as a success by international and domestic election observers.”

“The Secretary-General urges all political leaders to live up to their responsibilities, respect the democratic process and continue to allow for a peaceful, inclusive and credible vote to take place in the second round of the presidential polls on 28 September, as scheduled and in accordance with the Constitution,” the statement read.

“He stresses the utmost importance of the will of the Maldivian people being respected throughout the process.”

The UN Secretary General’s appeal followed a statement by Commonwealth Special Envoy to the Maldives Sir Donald McKinnon declaring that international opinion was “firmly behind” the need for a second round of the presidential election as planned for September 28.

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

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

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

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

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

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

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

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

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

Irregularities

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

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

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

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

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

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

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

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

Ongoing court case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Don’t undermine elections without evidence: Transparency

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

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

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

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

Parties must “respect the democratic process,” says US

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

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

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

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