Tag: minivan news

Failure of judiciary, JSC and parliament justified detention of Abdulla Mohamed, contends Velezinee in new book

Former President’s Member on the Judicial Services Commission (JSC) Aishath Velezinee has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

That moment at the conclusion of the constitutional interim period marked the collapse of the new constitution and resulted in the appointment of a illegitimate judiciary, Velezinee contends, and set in motion a chain of events that ultimately led to President Mohamed Nasheed’s arrest of Chief Criminal Court Judge Abdulla Mohamed two years later.

Nasheed resigned on February 7 after mutinying police and military officers joined forces with opposition demonstrators, who had been accusing Nasheed of interfering with the ‘independent’ judiciary in his arrest of the judge, and demanding not to be given ‘unlawful orders’.

The Commonwealth-backed Commission of National Inquiry (CNI) report found that there was no evidence to support Nasheed’s claim that he was ousted in a coup d’état, and that his resignation was under duress and the events of the day were self-inflicted.

“The inquiry is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this,” Velezinee stated.

“Judge Abdulla Mohamed is at the centre of this story. I believe it is the State’s duty to remove him from the judiciary. He may have the legal knowledge required of a judge; but, as the State knows full well, he has failed to reach the ethical standards equally essential for a seat on the bench.

“A judge without ethics is a judge open to influence. Such a figure on the bench obstructs justice, and taints the judiciary. These are the reasons why the Constitution links a judge’s professional qualifications with his or her moral standards,” she states.

The JSC itself had investigated Abdulla Mohamed but stopped short of releasing a report into his ethical misconduct after the Civil Court awarded the judge an injunction against his further investigation by the judicial watchdog.

“There is no legal way in which the Civil Court can rule that the Judicial Service Commission cannot take action against Abdulla Mohamed. This decision says judges are above even the Constitution. Where, with what protection, does that leave the people?” Velezinee asks.

“The Judicial Service Commission bears the responsibility for removing Abdulla Mohamed from the bench. Stories about him have circulated in the media and among the general public since 2009, but the Commission took no notice. It was blind to Abdulla Mohamed’s frequent forays outside of the ethical standards required of a judge. It ignored his politically charged rulings and media appearances.

“Abdulla Mohamed is a man who had a criminal conviction even when he was first appointed to the bench during President Maumoon Abdul Gayoom’s time. Several complaints of alleged judicial misconduct are pending against him. The Judicial Service Commission has ignored them all. What it did, instead, is grant him tenure – a lifetime on the bench for a man such as Abdulla Mohamed. In doing so, the Judicial Service Commission clearly failed to carry out its constitutional responsibilities. It violated the Constitution and rendered it powerless. Where do we go from there?”

Parliament, Velezinee states, was the body responsible for holding the JSC accountable.

“The Majlis knew the threat Abdulla Mohamed posed to national security and social harmony. The Majlis was also aware of the Judicial Service Commission’s failure to carry out its constitutional responsibilities and its efforts to nullify constitutional requirements.

“Concern had been shared with the Majlis that the Judicial Service Commission had committed the ultimate betrayal and hijacked judicial independence. The Majlis failed its Constitutional responsibility to hold the Judicial Service Commission accountable for any of these actions. The Majlis had violated the Constitution and rendered it powerless. Where to from there?”

Ultimate responsibility for upholding the constitution fell to the President, Velezinee states.

“Democratic governance can only function if the entire system is working as an integral whole; it is impossible if the three separated powers are failing in their respective duties.

“Under the circumstances – once it was clear that Abdulla Mohamed was an obstruction to justice and a threat to national security, and once it became apparent that neither the Judicial Service Commission nor the Parliament was willing to hold him accountable – the only authority left to take control of the situation was the Head of State.”

With the return to power of Gayoom’s autocratic government behind President Mohamed Waheed’s “fig leaf of legitimacy”, the judiciary continued to be subject to influence, Velezinee writes.

“The judiciary we have today is under the control of a few,” she wrote.

“This was an end reached by using the Judicial Service Commission as a means. Most members of the Judicial Service Commission betrayed the Constitution, the country, and the people. They broke their oath. There is no room for free and fair hearings. And most judges do not even know how to hold such a hearing.”

“For democracy and rule of law to be established in the Maldives, and for the right to govern themselves to be returned to the people, they must have an elected leader. And the judiciary, currently being held hostage, must be freed.

“Article 285 of the Constitution must be fully upheld, judges reappointed, and an independent judiciary established,” she concludes.

Download The Failed Silent Coup (English translation by Dr Azra Naseem)

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PPM claims 8000 membership applications rejected for “unclear fingerprints”

MP and Spokesperson for former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), Ahmed Mahloof, has told local media that close to 8000 membership forms from his party have been rejected by the Elections Commission (EC).

Stating that the Elections Commission’s main basis for rejection were the fingerprints on the forms not being up to standards, Mahloof claimed that this was because the EC did not have modern machinery to look at the fingerprints and relied on the staffs’ perception.

Mahloof further stated that the party may have to lodge the case in court, as the issue leads to reduction in number of party members and causes financial loss to the party. He said that he believed this to be discrimination against his party.

While the latest figures on the Elections Commission website shows PPM to have 17,403 members and 650 pending applications, Mahloof claimed that the party’s actual membership was close to 30,000.

Meanwhile, Vice President of Elections Commission Ahmed Fayaz told Minivan News today that similar complaints had been received from other political parties, the including Jumhoree Party, Dhivehi Rayithunge Party (DRP), and the Maldivian Democratic Party (MDP).

“Party membership forms go through a 50 step verification process. We are doing this to minimise chances of fraud. After we introduced this procedure, we are no longer receiving any complaints from individuals who have been placed in parties without their knowledge,” Fayaz said.

Fayaz said that it was true that the Elections Commission did not have machinery to verify fingerprints. However, he said that the commission forwarded complaints to the Maldives Police Service, who would use their resources to look into the matter.

Fayaz also confirmed that membership forms submitted by different parties were most often rejected due to fingerprints of applicants being unclear. He said they were unable to accept forms unless there was a clear fingerprint marked on it, since the MPS would rely on that should a complaint be lodged in future.

The Elections Commission plans to set up its own fingerprint verification system in the near future.

PPM Spokesperson Ahmed Mahloof and Interim Deputy Leader Umar Naseer were not responding to calls at the time of press.

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We will take action against those involving children in begging: Ministry of Gender, Family and Human Rights

The Ministry of Gender, Family and Human Rights has released a statement regarding the issue of children being involved in street begging.

The ministry has said it will take legal action against those responsible for involving children in begging, and those who allow children to stay unaccompanied in the premises of the local market .

The ministry expressed concern that street vendors in the local market have young children, some of school-age, accompanying them. The statement says they find the issue further worrisome as they have noticed that arguments are common there, and foul language is often used in the presence of minors.

The statement further notes that they have observed children playing in the sun, taking meals and sleeping in the same area. The ministry notes that these actions may have a negative effect on the child’s growth and behaviour, and as such are risks to their safety, health and physical well-being.

The ministry further states that exposing children to such environments would have a detrimental impact on their education and upbringing. It states that this bringing up children in this manner is against the law, referring to the Child Protection Act.

The Ministry of Gender, Family and Human Rights was unable to further comment on the issue at time of press.

Minivan News reported in January that a number of elderly people had been forced out of home and had begun sleeping in the local market.

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Maldives’ political situation “very positive”: new US Ambassador

New US Ambassador to Sri Lanka and the Maldives, Ambassador Michele J Sison, on Sunday presented her credentials to President Mohamed Waheed Hassan, and met with the Maldivian press.

Ambassador Sison replaces Ambassador Patricia A Butenis. She was previously US Deputy Ambassador in Iraq, as well as Deputy Ambassador in the United Arab Emirates.

She has also worked as Principal Deputy Assistant Secretary in the Bureau of South Asian Affairs, providing broad policy oversight of US relations with Pakistan, Afghanistan, Bangladesh, India, Nepal, and Sri Lanka.

Ambassador Sison on Sunday morning met with President Waheed, Vice President Waheed Deen and Minister of State for Foreign Affairs Dunya Maumoon, and said she looked forward to meeting the Foreign Minister at a later stage.

“I have been reading about the Maldives for quite some time and am impressed by the warm welcome I received this weekend,” she said.

Asked for her early impressions of the country’s political situation and stability, Sison said it was “very positive. You have democratic institutions in place, you have a vibrant and dynamic media, all of the ingredients are there.”

“What troubles me, and I’m sure troubles the Maldivian people at this point, is that recent events have contributed to a slowdown in the normal political life of the country – for example the vital work of the Majlis. I know we all want to see the political system able to proceed so that important legislative drafts can be discussed and debated and normal political life moves forward in a productive manner.”

Sison said she was encouraged by the work of the current leadership dialogues, “which have the potential for real progress as the country moves towards elections, and I hope will smooth the way for the Majlis to move forward.”

Sison confirmed that she had read the report produced by the Commission of National Inquiry (CNI) into the circumstances surrounding February 7’s controversial transfer of power, and noted that the US had “very publicly welcomed the release of the report.”

“I did receive a copy and highlight the summary for my staff. It was a subject of intense interest in Washington,” she said.

Sison said the US had “publicly commended the commission’s co-chairs for their leadership and commitment to a thorough and what we feel was an inclusive review process.”

“We consistently called for all Maldivians to respect the findings of the report. Now we look forward to the implementation of the recommendations and call on all to respect the findings and exercise restraint, and continue the vibrant political expression in the Maldives and channel it in a productive and non-violent manner.”

Sison however refrained from stating whether this stance meant the US would back the Maldives’ government’s bid to be removed from the agenda of the Commonwealth Ministerial Action Group (CMAG), the Commonwealth’s human rights and democracy arm.

“I know that the issue is very topical right now, and I’ve [received] various views from political actors and will continue to seek input,” she said.

Asked whether the US was concerned about a broad shift in Maldivian foreign policy from Western allies towards China, Sison responded that “a very simple answer is that the US, as a friend of the Maldives, is encouraged that Maldivian foreign policy is growing in terms of representation and cooperation.”

In her address, Sison noted that key areas of bilateral cooperation would include “furthering the hopes and dreams of youth and women. I really do believe that the US has a useful role to play in the Maldives, particularly in the maritime security, economic and education sectors.”

She announced the imminent arrival of a senior US educator who would be working with the Ministry of Education “on curriculum development and the general professional development of Maldivian educators.”

Ambassador Sison also remarked on the US’s training of the Maldivian police, which she noted would be “very visible this month” as the trainers focused “on the importance of community policing and protection of human rights.”

The US is currently providing US$7.1 million towards an integrated water resource system on Lhaviyani Hinnavaru and Haa Alif Dhihdhoo islands.

It is also contributing US$20,000 in funding towards cultural preservation and the restoration of pre-Islamic artifacts in the National Museum, which were destroyed by a mob that broke into the building amid February 7′s political turmoil.

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CNI report “selective”, “flawed”, “exceeded mandate”: Sri Lankan legal experts

A legal analysis of the Commission of National Inquiry’s (CNI) final report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General – has been prepared upon the request of the Maldivian Democratic Party (MDP).

The scathing report accuses the commission of exceeding its mandate, selectively gathering and acting upon evidence, and failing to adequately address the fundamental issue with which it was charged: determining whether former President Mohamed Nasheed resigned under duress.

“[The CNI] appears to have abdicated its duty to objectively and reasonably bring its collective mind to bear on whether or not there was duress involved in the purported resignation of President Nasheed,” concludes the the detailed report.

The CNI report had stated that Nasheed’s resignation was “voluntary and of his own free will,” adding: “It was not caused by any illegal coercion or intimidation”.

The legal analysis’ authors include two Sri Lankan Supreme Court attorneys – Anita Perera and Senany Dayaratne – and the former Sri Lankan Attorney General Shibly Aziz.

“The Report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law.”

The Sri Lankan legal team also believe “There is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

Last week’s official release of the CNI report was preceded by the resignation of one of the commission’s five members.

Ahmed ‘Gahaa’ Saeed – Nasheed’s nomination to the commission – resigned after viewing the first draft compiled by the Singaporean co-chair, retired Supreme Court Judge G.P. Selvam.

“I feel compelled to formally register with you a number of issues that I believe, if left unaddressed, will seriously undermine the credibility of the report,” Saeed wrote to his colleagues on August 26.

“I also believe these matters defeat the purpose for which the CNI was established,” he added.

Saeed’s concerns – which included withheld evidence, non-examination and obstruction of witnesses, and overlooked evidence – appear to have been substantiated by the Sri Lankan analysis.

The MDP had previously commissioned a legal report by a team of Danish experts which concluded that Nasheed had resigned under duress.

“To the extent that a ‘coup d’etat’ can be defined as the ‘illegitimate overthrow of a government’, we must therefore also consider the events as a coup d’etat,” read the analysis, titled ‘Arrested Democracy’.

Exceeded mandate, flawed report

The Sri Lankan analysis focuses on five main areas: the CNI’s compliance with its mandate, the procedure pursued in exercising this mandate, the evidence gathering process, the adherence to the “imperative dictates” of natural justice, and the legal issues which ensue from this.

In addressing the issue of the mandate, the analysis states the following: “It must be emphasised that the mandate granted to the Commission, is not to investigate whether the ouster of President Nasheed is politically justified, nor is it an evaluation of the manner in which the President discharged his powers and duties during his period of office.”

The report opines that the CNI simultaneously expanded its mandate to include additional concepts such as ‘common-good and public interest’, whilst restricting itself to completion in a timely manner in order to move the country forward.

The analysis argues that “without any explanation or rationale” the CNI focussed only on the physical threats to Nasheed without considering the context of pressures which were “exerted on the ability of the President to lawfully administer the country” in the period under review – January 14 to February 7.

Procedure and evidence

“It is respectfully submitted that the Report, which was compiled and released in less than two months, cannot be relied on as a credible analysis of the legality of the change of power as it has, inter alia, not provided objective reasons for the way in which it has selected or afforded weight to the evidence considered for its conclusions; has deviated from the critical issues it was required to consider in terms of its mandate and appeared to have conferred on itself an objective of ascertaining a political justification for the change of government rather than analysing, as it was required to do, the legality of the said change.”

In analysing the evidence gathering aspect, the analysis provides a table of “numerous glaring omissions” which include:

  • No testimony from deputy leader of the Progressive Party of Maldives (PPM) Umar Naseer, or consideration of public statements calling for, and taking credit for, the overthrow of the government.
  • No examination of the role of then Vice-President Dr Mohamed Waheed Hassan on February 7 and his meeting with opposition leaders on January 30.
  • No mention of the leaders of some opposition parties openly joining protesters on the morning of February 7, and the fact that some were inside the police headquarters “conspiring alongside certain senior police officers.”
  • No inclusion of the account of Nasheed’s wife, Madam Laila Ali, despite the basis of coercion adopted by the CNI including threats to Nasheed’s family.
  • No analysis as to why Mohamed Nazim, currently the Defence Minister but a civilian on the morning of February 7, announced the appointment of acting heads of the police and military before Nasheed had resigned.
  • No testimony from key witnesses, such as Chief of Defence Brg. Gen. Moosa Ali Jaleel and Deputy Police Commissioner Ahmed Muneer, despite CNI’s procedural rules prescribing “rigorous deliberation” on obtained evidence.
  • Statements from key personnel like Male’ Area Commander Ibrahim Didi and Commissioner of Police Ahmed Faseeh were not taken August 27.

The report also repeats the concerns of ‘Gahaa’ Saeed that vital CCTV footage was not obtained by the commission.

“In view of the totality of the foregoing, it is submitted that CNI failed, and/or neglected, to take such steps as are necessary to ensure a full evaluation of all relevant evidence and/or expressly account for any limitations therein,” it states.

Natural Justice

Citing the dictates of natural justice, the analysis argues that the CNI impinged on the right to a fair hearing and the rules against bias.

The Sri Lankan experts argued that, as the report at various time treats Nasheed as a witness, a complainant, and as the accused, he ought to have been afforded greater opportunity to give evidence and to defend himself.

“The Report appears to depict the President as the accused in an investigation that, however, was never designed or intended to place any culpability on anyone, unless the Commissioners so misconceived their writ,” the authors stated.

The analysts also point out that the events of February 8 were treated as stand-alone incidents and not used to contextualise the climate in which the previous day’s events tool place.

They also argue that the CNI’s conclusion that the events of February 6 and 7 were responses to Nasheed’s actions implies that he got what he deserved,  and was therefore “tainted with manifest bias.”

“The report further purports to create a strange burden of proof that no evidence is required to prove or disprove allegations, if the commission is of the opinion that the allegation is lacking in substance or reality,” read the analysis.

“It appears therefore, regrettably, that the commission appears to have adopted the whims of its preconceived notions, rather than the requirements of its mandate, in determining the evidence it will consider in compiling the Report,” it continued.

Legal issues

The legal issues concomitant with the CNI’s conclusions include the use of a draft penal code from 2004 to support the claim that Maldivian law does not define a coup d’etat.

It is also suggested that the CNI failed to consider the principle of duress as referred to in its original mandate, instead interchanging the term with ‘coercion’ which has a far narrower scope involving only threat to life limb or liberty.

It is argued that restricting illegal pressure to physical threats is not appropriate in a political context.

The legal analysis concludes that the evidence seen “gives strong credence to the claim that President Nasheed was under duress when he tendered his resignation”, even when considered in terms of the ‘coercion’ used by the CNI.

Regarding the claims that the events could not have amounted to a coup d’etat, the Sri Lankan team argued that there is no provision in Maldivian law which corroborates the CNI’s rationale that a Vice President can succeed a President based solely on the fact he was elected on the same ballot.

“The limitations of such an argument lie in the fact that it purports to construe the change of power or justify the change of power in terms of what had transpired 3 years ago rather than what had transpired in the present,” said the Sri Lankan report.

“The simple question that [the CNI] needed to answer to ascertain whether there was a coup was who controlled the communications and defense functions of the country – who was the police and military personnel listening to, who was occupying the national television promises immediately before President Nasheed’s resignation,” it continues

The analysis further suggests the CNI became overly focused on dispelling accusations of a coup, rather than simply determining whether the transfer of power was legal, the two not being mutually exclusive.

The analysis also adds that, just because a coup is not defined in Maldivian law, it does not mean it is not prohibited, suggesting that the penal code provides multiple provisions prohibiting unauthorised challenges to governmental authority.

The CNI’s claims that an army mutiny is an internal military matter is dismissed in the analysis by pointing out the president’s position as Commander-in-Chief.

It also suggests that the inability of the president to control his army is a “universally accepted hallmark” of a coup.

The constitutionality of the transfer is also challenged on the grounds that the permanent, as opposed to temporary, resignation and swearing in of presidents must take place before the People’s Majlis, as prescribed in Article 114 of the constitution.

“These authors observe therefore, that CONI could not have conclusively arrived at a finding that all constitutional provisions were duly complied with and further observe that such inconsistency cannot in any way be dismissed as a failure to comply with a mere protocol.”

“More importantly this also confirms the state of affairs that may have prevailed at the time of resignation where the persons who were desirous of bringing a change in the presidency were willing to sidestep constitutional requirements to replace President Nasheed,” concludes the analysis.

Read the report (English)

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PIC report calls for action against rogue police, holds former Commissioner Faseeh accountable

The Police Integrity Commission (PIC) has published a summary of one of its three reports concerning the February 2012 events on their website.

Of the three separate reports the PIC has said it will release, the one published today (in Dhivehi) covers the events the investigation carried out to see if the police had committed any unlawful acts during the events of February 6 and 7, which led to the controversial transfer of power in the Maldives.

The report highlights nine different incidents. In five of these, the report states that the commission will further investigate the role of the police and take necessary legal action.

It explains that the investigation was carried out with reference to videos downloaded from the internet, CCTV footage, interviews and phone logs. It emphasises that all conclusions were reached in the light of information uncovered from the above-mentioned means and the existing legislative framework.

According to the report, all conclusions were reached with the unanimous agreement of all five members of the commission.

Regarding the matter of police withdrawing from and returning to the Artificial Beach on February 6, the report states that the order to retreat was given by then President Mohamed Nasheed. It goes on to say that in refusing to obey this command, the police in the area had been acting in accordance with provisions in the constitution and the police act, while concluding that then Commissioner of Police Ahmed Faseeh, Deputy Commissioner of Police Ismail Atheef, Chief Superintendent of Police Farhad Fikry, Chief Superintendent Mohamed Hameed, Superintendent Ibrahim Adnan Anees and Superintendent Ahmed AbduRahman had acted against these laws, namely Article 244(a) of the constitution, Article 6 (8) of the Police Act and the official police oath.

The report states that the commission believes that police occupying Republican Square had made valid and justifiable demands. It details these demands to have been for the Commissioner of Police to meet them, agree to not give them any more unlawful commands, and to provide a guarantee that no action would be taken against the officers for the events of that night.

While highlighting that police themselves have a constitutional right to go on strike, the report notes that it was wrong for them to have remained in the Republican Square after civilians joined the area and the gathering turned into a politically-motivated one. The report notes that it was some among these citizens who called for the resignation of then President Mohamed Nasheed.

With reference to the damage caused by officers to the police headquarters, the report says: “With reference to the videos and accounts reviewed by the commission, we have found that some among the police officers gathered in the Republican Square on February 7  entered the [police HQ] Shaheed Hussain Adam Building, damaged property, broken the panes of a window, took down the police flag, threatened senior officers and committed violent acts against them. These are disciplinary and criminal offences which should not have been seen from police officers.”

It furthermore states that these will be treated as separate offenses and legal action would be taken against those involved.

In contrast to the general account of events, the PIC in its report states that supporters of MDP and other civilians had marched into the area where the police were chanting their mission statement. The report claims that this led to clashes in which persons from both sides sustained injuries. It notes that the MDP were allowed to approach the police because MNDF officials who were tasked with cordoning off the area had retreated.

The PIC further claimed that its investigations had uncovered that police had entered the MDP ‘Haruge’ only with the intention to catch some individuals who had attacked the police at the Artificial Beach, and then run to the Haruge to hide. It also noted that people and property in the Haruge were attacked by both police and “some other persons”, stating that the commission would further investigate the role of the police in the incident, and take any required legal action.

On the issue of the takeover of the state TV channel, MNBC One, by police, military and opposition demonstrators, the report observed that the police went to the channel’s offices under the orders of an unnamed senior level commander. It states that they went to “provide protection to the channel” since it had received information that some civilians had entered and were vandalising state property within its premises.

The report states that police had been able to enter the MNBC premises after two attempts because a group of civilians were attacking them with sticks and stones outside the building. It describes the police entry into MNBC:

“Tear gas was used as police were unable to enter the MNBC premises due to attacks from civilians outside. The gate was locked, so police fired teargas with a riot gun into the premises through an opening in the gate. The police are authorised to use this weapon. Tear gas was fired inside in case there were people inside who might again attack the police. The gate was opened merely by thoroughly shaking and pushing it.”

The report notes that although the police used a “strict attitude” which “checking” the station, they did not commit violent acts against the people there. It also says that the police did not in any way attempt to influence the channel’s broadcasting. It states that the police checked the premises to see if any outsiders were there, and then retreated from the building. The PIC defends police’s actions in this matter by stating they were in accordance with Article 2 and 4 of the Police Act.

As a final point of investigation, the report notes that some police officers were injured in clashes between the officers of MPS and the MNDF. It holds then Commissioner of Police Ahmed Faseeh accountable, quoting negligence, and states that the commission will take legal action against him.

The only recommendations in the report are directed for action from the Minister of Home Affairs. The recommendations are that the police institute remain free from political influences, and for the establishment of a working environment where the police could work without bias and with equability and fairness.

“A noble request can be made in an unlawful environment”

President of the Police Integrity Commission, Shahindha Ismail, speaking to Minivan News today expressed concern that some local media were misinterpreting the PIC report.

“The PIC does not collectively call the actions of the police on the 6th and 7th of February constitutional.”

“A very noble request or demand can still be made in an unlawful environment. This is what we are saying. The demand by the police to not give them unlawful commands was within the boundaries of law. But that they had remained there, with civilians, as part of what had escalated into a politically motivated gathering is wrong.”

Shahindha further said that the fact that many of the incidents highlighted in the report called for more investigation and action against police, confirming that the PIC did not endorse police action of the days in question as lawful.

PIC has previously said that it meant to release the reports before the CNI report. Shahindha said that the delay had been due to complications during the in-depth investigation.

President Nasheed’s nominee to CNI, Ahmed ‘Gahaa’ Saeed, when sharing his reservations with the press, had expressed disappointment that the CNI had not received the PIC report during the inquiry phase.

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Reporters Without Borders condemns arbitrary arrest of journalists for taking photos

Reporters Without Borders (RSF) has condemned the growing number of arbitrary arrests of journalists by the Maldives Police Service.

In a statement, the press freedom NGO said it “deplores the repeated obstruction of media personnel in the course of their work and urges the government to put a stop to arrests designed to intimidate journalists and encourage self-censorship.”

The statement follows the arrest and detention of Minivan News journalist Ahmed Naish on August 30 while reporting on the arrest of a demonstrator. The area was not barricaded or otherwise designated off-limits by police.

Police Sub-Inspector Hassan Haneef informed Minivan News at the time of the arrest that Naish had been arrested for “obstructing police duty.”

“Riot police known as Special Operations (SO) stopped Naish at 5:30pm in the Malé district of Sosun Magu as he was photographing them arresting a young demonstrator,” RSF reported.”They asked him for his press pass, which he did not have on him at the time, and, after refusing to accept his business card as identification, handcuffed him and led him away.”

“My hands were tied behind my back with a clip and the SO officer who did so kept tightening it,” Naish said, in his account to RSF. “Another officer kept pinching my arms and hitting my ankles with his boot, telling me to walk faster.”

More people were arrested, including two who had been taking photographs or videos of the police, RSF reported.

“They were bundled into a vehicle and taken to police headquarters and then transferred to a detention centre on Dhoonidhoo, an island just to the north of the capital,” the statement read.

“They took my personal belongings (…) I was then photographed and taken before an investigating officer who informed me that I was arrested for obstructing police duty and causing public disorder. I refused to sign the arrest form because, in addition to stating a false reason for the arrest, the place of arrest noted in the form was incorrect,” Naish informed RSF.

“After being placed in a large cell with other people arrested during the demonstration, Naish asked to see a doctor because his wrists were swollen,” read the RSF statement. “The doctor sprayed his wrists and gave him a painkiller. He was then allowed to speak to two lawyers and described to them the circumstances of his arrest.”

“I talked to seven people who were arrested similarly for taking photographs. However all were accused of obstructing police duty, disobeying orders and causing loss of public order,” Naish stated.

At around 2:00am he was moved to a large cell where 25 other people were already being held. He was finally released without charge the next afternoon, after being held for about 24 hours, RSF stated.

“I found out later than government-aligned private broadcaster Villa Television showed footage of my arrest, which would have confirmed that the police lied about the place of arrest. It would also show that I was not jeopardising public order,” Naish told the NGO.

Naish added that journalist Ali Nahyk with Minivan Radio 97FM – a station unaffiliated with the Minivan New online website – was arrested on 31 August for similar reasons.

“Maldives is ranked 73rd out of 179 countries in the 2011-2012 Reporters Without Borders press freedom index, which was compiled before February’s turmoil, when President Mohamed Nasheed was forced to resign and Vice-President Mohammed Waheed took over. The media situation has worsened dramatically since then,” RSF observed.

“RSF reminds the authorities that arbitrary arrest violates article 46 of the Maldivian constitution, which says: ‘Everyone has the right not to be arbitrarily detained, arrested or imprisoned except as provided by law by the People’s Majlis [parliament] in accordance with the article 16 of this constitution’.”

The organisation noted that media and netizens had “played an important role during the Nasheed administration’s ouster in February, photographing and filming aspects of the accompanying crackdown that embarrassed authorities.”

Bystander arrested for recording an arrest:

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Maldives likely to leave Commonwealth if not taken off CMAG agenda: Dunya

State Minister of Foreign Affairs and daughter of former President of 30 years Maumoon Abdul Gayoom, Dunya Maumoon, has said the Maldives would likely leave the Commonwealth if not removed from the formal agenda of the Commonwealth’s human rights and democracy arm.

Speaking at a press conference held in the Foreign Ministry on Wednesday, Dunya said, “We call on all the member countries of the Commonwealth Ministerial Action Group (CMAG) to remove us from the agenda at the earliest possible opportunity. We do not altogether deserve to have been put on this agenda”.

Dunya stated that following the release of the report by the Commission of National Inquiry (CNI), many foreign countries had complimented the commission’s work. While she expressed concerns that “reactions from two countries are somewhat worrying”, she declined to name either country.

President Mohamed Waheed’s government reformed the CNI at the Commonwealth’s request, to include a representative from Nasheed and a foreign legal authority as co-chair. The government requested a retired Singaporean judge, and G P Selvam was duly appointed.

The final report, published at the end of last month, concluded that the transfer of power on Feburary 7 was constitutional, that President Mohamed Nasheed’s resignation was not made under duress, and that there had not been a police or military mutiny. It also noted that there were “acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Nasheed’s representative Ahmed Saeed resigned from the CNI the evening prior to its publication, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

While subsequently accepting the report, Nasheed observed that it had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

CMAG ministers are due to consider the report in a teleconference on September 11.

Dunya said that should Maldives remain on the CMAG agenda following the teleconference, there were reservations within the government over whether the Maldives would choose to remain as a Commonwealth member.

She said there were a “huge number” of people who felt the Maldives should leave the intergovernmental organisation.

“Should the Maldives continue to be kept on the CMAG agenda, I have to say that there are a lot of citizens and very senior members of the government who have many serious concerns regarding whether the Maldives will stay on as a member of the Commonwealth,” Dunya said.

“There may not yet be an official decision by the President himself, or by any other high-level government official. We do not want to highlight this just yet. But from what I have heard, and the information I have received, there are a lot of people who no longer want [the Maldives]  to remain a Commonwealth members.”

Dunya’s comments were echoed by President Waheed’s Political Advisor, Dr Hassan Saeed.

“CMAG seems in no hurry to remove the country from its agenda. This is a continuing infringement on our sovereignty and is tantamount to holding us hostage,” Saeed wrote, in an article for local newspaper Haveeru.

“Since the publication of the CoNI report there has been absolutely no justification for keeping the Maldives on CMAG agenda –not even for a single day,” he claimed.

“In view of this I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” Saeed said.

The CMAG had placed Maldives on its formal agenda in February, at the time citing ‘the questions that remain about the precise circumstances of the change of the government, as well as the fragility of the situation in Maldives’ as reasons.

The government has maintained that the CMAG ‘lacked mandate’ to place Maldives on the agenda. Following this there has been multiple instances where the government had expressed disapproval in what it termed ‘interference’ by the Commonwealth.

Members from the coalition government has submitted bills in the parliament in late April to withdraw Maldives from the Commonwealth.

The government itself has said in March that it “may reconsider” membership in the Commonwealth.

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RaajjeTV files case against President’s Office over media boycott

Local private news channel RaajjeTV has filed a case against the President’s Office in the Civil Court, complaining that the station had been boycotted from official events.

Deputy CEO of RaajjeTV, Yamin Rasheed, told Minivan News “This whole issue began with the government’s Media Secretary Masood Imad excluding RaajjeTV in all invitations to media to cover their press events.”

“Initially, Abbas Adil Riza (President’s Office Spokesperson) held a different opinion. But then it became a norm for the government to block us from events, even refusing access and turning us away when we took the initiative to find out about events and attempt to cover them with or without invitation.”

Yamin said that the channel had repeatedly been denied entry to press events in the President’s Office and were not sent any of the government press statements. He said that they had observed this treatment was particular only to their channel.

“What is most worrying to us is that this behaviour is setting a precedent where state bodies are infringing upon media’s right to information. We are being deprived of constitutional rights. This goes against principles of maintaining equitability among media organisations,” Yamin detailed their concerns.

Vice President of the Maldives Broadcasting Commission, Mohamed Shaheeb told Minivan News today that the commission had not discussed this issue yet.

“We haven’t even received any complaints regarding the President’s Office denying access to a particular media outlet,” Shaheeb said.

Although MBC denies having received complaints, Chairperson of RaajjeTV Akram Kamaluddeen has confirmed that complaints have been lodged.

“We have officially written to MBC about all of these issues, including the President’s Office blocking access to events. We haven’t received a response yet.”

President of the Maldives Journalists’ Association Ahmed ‘Hiriga’ Zahir has commended the efforts by Raajje TV to protect their rights.

“I support the channel’s actions to protect their constitutional rights. Even if the government has complaints about the channel’s broadcasting conduct, there is a procedure through which this can be professionally settled. I feel that this could have been settled through dialogue, otherwise the government could have lodged complaints with relevant commissions,” Zahir said to Minivan News today.

MJA has last month released a statement stating that it would neither encourage nor accept the boycotting of any media institution by either state bodies or political parties.

Minister of Home Affairs Mohamed Jameel Ahmed has previously named Raajje TV as ‘enemies of state’ in a press conference held in July, the same day on which the Maldives Police Services publicly stated its refusal to provide cooperation or protection to the channel.

Raajje TV has also filed a case against the Maldives Police Services earlier this month over their decision to deny cooperation or protection to the channel.

Rasheed told Minivan that they had also lodged complaints with the Anti-Corruption Commission.

“With regard to this issue, we have lodged a complaint against President’s Office Media Officer Nihla Abdul Sattar with the ACC. We’ve previously filed two other cases at the commission. One of this was against the MPS as an institution. The other was against the Media Spokesperson Sub-Inspector Hassan Haneef. We believe he is abusing the powers entrusted to him for his role as media spokesperson to benefit certain media outlets, while deliberately blocking or sidelining others,” Yamin told Minivan News today.

RaajjeTV has been the subject of continuous verbal attacks by the state following the transfer of power in February. In early August, Raajje TV’s control room had been sabotaged by intruders.

Press freedom organisation Reporters Without Borders at the time condemned this attack, stating “This targeted and well-prepared operation was the foreseeable culmination of the new government’s escalating verbal attacks on Raajje TV. How the authorities respond will be seen as a test of their commitment to media pluralism.”

President’s Office Media Secretary Masood Imad was not responding to calls at the time of press.

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