Tag: Military takeover

Translation: MNDF officers’ ‘letter of concern’

The following is a translation of a leaked “letter of concern” circulating on social media, submitted by senior officers of the Maldives National Defence Force (MNDF) to Chief of Defence Force Major-General Ali Shiyam on September 28. Following the release of the letter the MNDF amended its regulations to punish officers who promoted “upheaval and chaos”. Brigadier General Abdulla Shamaal was subsequently removed from his position as the Commandant of Training and Doctrine,while First Lieutenant Abdulla Shareef (Marine Corp), Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid were dismissed from service. First Lieutenant Mohamed Haleem resigned, stating “For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties.”

To Chief of Defence Force Major General Ali Shiyam:

Whereas Article 236 in Chapter 9 of the Republic of Maldives’ Constitution states the Maldivian security services, consisting of the Military Service and the Police Service, is established to enable all persons in the Maldives to live in peace, security and freedom,

Whereas Article 237 states the security services shall protect the nation’s sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies,

And whereas Article 238 states that the actions of the security services must be exercised in accordance with the Constitution and the law, and operate on the basis of accountability,

And whereas Article 111 states that if no candidate wins by over fifty percent of the votes in a presidential election, a run-off election must be held within twenty one days of the first election,

And whereas Article 142 states judges must comply with the constitution and the law,

On 7 September 2013, a presidential election was held as per Article 110 of the Constitution. The Elections Commission announced a second round of election on 28 September 2013 as per Article 111 of the constitution.

According to Article 111 of the constitution, a second round of election must be held within 21 days after the first election, and that date is 28 September 2013. We believe, given Article 8 of the Constitution states that the powers of the state shall be exercised in accordance with the constitution, and as 28 September 2013 is the last date on which the second round of the presidential elections can be held, the Supreme Court order to delay the election is one that creates dangers for the nation and its citizens and creates challenges from a national security point of view, and may impede the military from carrying out is constitutionally mandated duties.

As per Article 237 the security forces are mandated with defending democratic institutions, and maintaining and enforcing law and order.

Given the shifting national security atmosphere in the country, and as the Maldivian state’s independent institutions and the international community are repeatedly calling for all parties to respect the constitution, we believe any military act that violates constitutional rules and democratic norms, will destroy the sovereign state established in the Maldives, destroy law and order in the country, and allow for a military state to be established in the Maldives.

This is due to influential actors who may abuse the turmoil and constitutional void following the delay in presidential elections. We are concerned that the chain of command established in the military as per the laws will be lost, and will allow for the military to be used as a tool to hand over administration of the state to a certain group of people.

Article 245 states that no one is allowed to issue an illegal order to a member of the security services and that members of the security services should not obey such an order. Hence, due to orders issued in the above mentioned situation, this institution [military] may fall into a deep pit, and we fear that subordinate commanders and lower ranks may be legally locked into a dark cell and may be criminally charged at a later date.

Hence, we express grave concern, and appeal for this institution not to be propelled into a deep pit, and state that we will steadfastly remain with good military behavior and good order against any illegal order.

28 September 2013

Signed:

Brigadier General Shamal
Colonel Abdul Raheem
Brigadier General Ahmed Jihad
Brigadier General Ahmed Nilam
Colonel Hamid Shareef
Lt. Colonel Nasrulla Majdhee
Captain Abdul Muizz
Lt. Colonel Ibrahim Hilmee
Sergeant Major Hassan Fawaz
Sergeant Major Naushad Ali
First Lieutenant Abdulla Shareef
First Lieutenant Mutholib [unclear]
Sergeant Major [first name unclear] Vaseem
[name unclear]
[name unclear]
Captain Hassan Amir

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Defence Minister Nazim and lawyer Shaaheen Hameed dismiss speculations of impending military takeover

Prominent Lawyer Shaaheen Hameed and Defence Minister Retired Colonel Mohamed Nazim have dismissed social media speculation of an impending military takeover, should no president be elected by November 11 – the date on which the current five year presidential term expires.

Speculation began circulating on social media after former Minister of Environment and Housing Mohamed Aslam – who is himself an ex-serviceman – wrote on his Facebook status that he had received information of an impending military takeover by the Maldives National Defence Force (MNDF).

“The following I was informed just now: Reports from Supreme Court staff say they have seen notes written by judges saying that [the] military is studying how to take over the government and call for elections in 100-180 days. [Defence Minister] Nazim had asked Shaaheen Hameed and [Attorney General] Azima Shukoor to study similar takeovers in Thailand, Fiji and in Algeria,” wrote Aslam on his Facebook update.

“They are paid, I am told, 1.7 million rufiyaa for this study to be completed in 7-10 days. Under this, they will dissolve the [Parliament], Courts and appoint a military commission including [Yameen Abdul Gayoom] and [Gasim Ibrahim]. Supreme Court verdict stalled.”

Speaking to Minivan News on this Sunday, Defence Minister Nazim claimed that Aslam’s allegations were baseless and said such rumours were spread by the opposition Maldivian Democratic Party (MDP) to tarnish his image and reputation.

“I have never spoken about such a thing. I believe governments should be changed through a vote of the people. I would never do such a thing. It is against all democratic principles,” Defence Minister Nazim told Minivan News.

Meanwhile in a statement released to local media last Saturday, Shaheen Hameed claimed that he had not taken part in any legal work relating to the Jumhoree Party (JP)’s Supreme Court petition against the Elections Commission (EC), in which the party requested the court to annul the first round of presidential election. Although local and international election observers praised the credibility of the polls, the third-placed JP alleged the vote was flawed due to electoral discrepancies and irregularities amounting to a “systematic failures”.

Shaheen in the statement added that he had not given any legal advice regarding the case to anybody including a political party or a state institution, let alone the Defence Minister.

“And, I shall not by any means take part in an attempt to undermine the constitution of the Republic of Maldives,” wrote Shaaheen Hameed.

Shaaheen furthermore claimed that such baseless allegations levied against were intended to tarnish his public image and incite hatred towards him.

Concerns within the military

The speculations began shortly after some 17 senior military officers sent a ‘letter of concern’ to MNDF Chief of Defence Force Major General Ahmed Shiyam, in which the officers expressed concern over the recent Supreme Court injunction to indefinitely delay the second round of Presidential Election – which could possibly lead the country in to a state of constitutional limbo.

“We believe, given Article 8 of the Constitution states that the powers of the state shall be exercised in accordance with the constitution, and as 28 September 2013 is the last date on which the second round of the presidential elections can be held, the Supreme Court order to delay the election is one that creates dangers for the nation and its citizens and creates challenges from a national security point of view, and may impede the military from carrying out is constitutionally mandated duties,” wrote the officers

“Hence, we express grave concern, and appeal for this institution not to be propelled into a deep pit, and state that we will steadfastly remain with good military behavior and good order against any illegal order,” concluded the letter.

Suspensions

Shortly after the reception of the letter, MNDF introduced an amendment to its own regulations to include a chapter that imposed punishments and penalties against officers who incite ‘upheaval and chaos’ within the military ranks.

Three officers have been indefinitely suspended after the amendment came into force, while Brigadier General Abdulla Shamaal – who appeared to be the first signatory to the letter – has been sidelined from his position as the Commandant of Training and Doctrine.

Three officers: First Lieutenant Abdulla Shareef, Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid have all been suspended under the section 4(a) of the MNDF Employment Regulation.

First Lieutenant Abdulla Shareef and Sergeant First Class Ali Waheed had been suspended for inciting “upheaval and discord” among the ranks of the military while Lance Corporal Sharhaab Rashid had been suspended for “disseminating confidential information to the public without authorisation”.

Meanwhile in another turn out of events, First Lieutenant Mohamed Haleem requested resignation from the defense force over “difficulties in executing his duties”.

“I do not believe the security services are currently adhering to the constitutional provisions stated in articles 237 and 238. Also, while the spirit of article 246 of the constitution is, to refrain from political affiliations and to treat equally among the people and different groups, respecting the principles of Islam and human dignity, I do not see this currently happening [within the security services],” First Lieutenant Haleem wrote on his resignation letter.

The alleged disgruntlement within the MNDF officers also coincided with a letter from Former Male Area Commander of MNDF Retired Brigadier General Ibrahim Mohamed Didi published on social media, in which he advised military officers to uphold the law and constitution regardless of who attempted to undermine it.

“My advice to the military officers is: ‘Do not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country’,” wrote the ex-Brigadier General.

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