Tag: minivan news

“Ladders now broken”, Umar Naseer tells police

Progressive Party of the Maldives (PPM) Interim Deputy Leader Umar Naseer was summoned to the police headquarters today for questioning over statements he made during a rally held last December.

Speaking to the press outside police headquarters, Naseer said that police had a script of what he said during the protest on December 23 near the Maldives Monetary Authority (MMA).

Naseer told the press that during the protest he spoke to the protesters about climbing “somewhere” using ladders.

A report by former Environment Minister Mohamed Aslam and National Security Advisor Ameen Faisal into the former government’s intelligence prior to February 7 noted remarks by Naseer during asking for 2,000 volunteers to storm army barracks with 50 ladders, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer reportedly said. “We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

Naseer told journalists outside police headquarters today that “I have been questioned over this previously. I told them that those ladders were not used and have broken now.”

‘’There will be no evidence to prove me guilty of a criminal offence,’’ he said. ‘’In my statement I did not mention where to place the ladders or where to climb in using the ladders.’’

He also told the press that there was a political purpose behind his summoning to police for questioning over the same case for the second time.

Naseer insisted that his summons was related to the “political challenges” between parties in the current coalition government.

Naseer was unavailable for comment at time of press.

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CNI report “based on false premise that Abdulla Mohamed is a constitutionally appointed judge”: Velezinee

The Commission of National Inquiry (CNI)’s report into the circumstances surrounding the controversial transfer of power on February 7 mistakenly presumes that the Maldives has an independent and constitutionally-appointed judiciary, former President’s Member of the Judicial Services Commission (JSC), Aishath Velezinee, has stated.

The report, focused on the events of February 6 to 8, claimed there was no evidence to support allegations by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military. It dwells heavily on “unlawful orders” given by Nasheed as justification for police disobedience and protests, in particular his ordering the detention of Chief Criminal Court Judge Abdulla Mohamed by the military.

“The report, by its failure to probe the events leading up to the removal of Abdulla Mohamed and the January 2012 protests, fails to recognise the systematic breach of the Constitution by the JSC and Majlis that forced President Nasheed to use the powers of Head of State to address the issue of Abdulla Mohamed,” said Velezinee, in a detailing statement responding to the report.

“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,” she stated.

Velezinee noted that Article 285 of the constitution – concerning the appointment and qualification of judges on conclusion of the interim period – was discarded by the JSC in 2010 as “symbolic”, “the CNI report indirectly legitimises a judiciary where at least 196 judges sworn in by the JSC/Interim Supreme Court between 4 August and 7 August 2012 are a nullity, having been appointed without due procedure, and without fulfilling the qualifications and qualities required of a Judge under the Constitution.”

She noted that many of the “prominent lawyers” and politicians who protested the arrest of Abdulla Mohamed’s removal “were MPs with criminal cases before Abdulla Mohamed and their lawyers.”

Furthermore, “the report does not mention that many of the ‘prominent lawyers’ who protested at the removal of Abdulla Mohamed now sit in office.”

“Suspicion is further raised when it is observed that the MPs who led the January 2012 [protests] were the same MPs who had obstructed attempts to get a parliamentary inquiry [into the JSC] by disrupting Committee [hearings], and included the current Chair of the Majlis Committee,”

The report further failed to note recent observations by the UN Human Rights Committee in July 2012 substantiating the JSC’s nullification of Article 285, she noted.

In its concluding observations, the UNHRC noted “concerned at the fact that the composition and the functioning of the JSC seriously compromises the realisation of measures to ensure the independence of the judiciary as well as its impartiality and integrity.”

The Committee is also concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the State party (art. 2 (3), 14).

“The State party should take effective measures to reform the composition and the functioning of the Judicial Service Commission (JSC). It should also guarantee its independence and facilitate the impartiality and integrity of the Judiciary, so as to effectively protect human rights through the judicial process.

The CNI report itself recognised the poor standard of the judiciary, Velezinee observed, citing from it:

Perhaps the most fundamental requirement for a vibrant democracy is the rule of law which appears weak in the Maldives. Notably, the Commission was confronted regularly by allegations of the breach of the rule of law and clear absence of confidence in the institutions which are entrusted with upholding it.

Indeed, this appeared central to the frustrations of government under President Nasheed and his own lack of recourse to the judiciary to redress grievances and settle disputes. He did not appear alone.

Despite this, Velezinee noted that the report failed to recognise “that judicial reform is a fundamental Constitutional requirement under Article 285, or comprehend the centrality of Article 285 to the establishment of de facto independence of the judiciary in a state where de jure Independence of the judiciary was first introduced with the ratification of the Constitution in 2008.”

Instead, Velezinee stated, the report “explicitly politicises judicial reform as the political agenda of President Mohamed Nasheed and the Maldives Democratic Party (MDP); and fails to note that the political pledge in the MDP’s manifesto echoes Article 285 of the Constitution and its’ obligation upon the state of Maldives.”

By concluding that Judge Abdulla was just the “focus of their antipathy and antagonism”, the report “disregards major events that led to the events of January 2012, including but not limited to:

  • Events of 2010 around Constitution Article 285 and re-appointment of Judges
  • JSC’s unconstitutional nullification of Article 285 declaring it a “Symbolic Article” and re-appointing the sitting bench without due check
  • Failure of the Majlis to hold an inquiry into the JSC’s alleged Constitution breach and loss of an independent judiciary despite a commitment to hold an inquiry given by the Independent Bodies Oversight Committee on 2 August 2010
  • The fact that amongst those MPs and other political figures leading the January protests calling to “Free Judge Abdulla”, and seen celebrating President Nasheed’s “resignation” on 7 February 2012, were those same MPs who had obstructed all attempts to probe the said issues in Majlis Committees
  • The fact that these MPs, instead of upholding their duty and establishing the truth of the matter by holding an Open Inquiry allowing me to present evidence, politicised the issue and resorted to publicly attack myself, engaging in defamation and character-assassination whilst denying an inquiry. Action that gives good reason to believe in a cover-up, and a wider conspiracy against Constitutional Democratic Government that link events of 2010 (and beyond) to the events of 7 February 2012.
  • The fact that the matter of Abdulla Mohamed being a threat to national security was known to the Judicial Service Commission, the Maldives Police Services, the Maldives National Defence Forces and the Parliament in addition to the President; and that the system had failed to hold Abdulla Mohamed accountable, or the JSC accountable. Instead the JSC and Majlis were covering up for each other.”

The CNI report, Velezinee stated, “fails to consider how the collapse of Rule of Law could possibly have been engineered by those in positions of power, despite evidence of JSC’s Constitution breaches and Majlis cover-up provided to the CNI by myself.”

“The case of Abdulla Mohamed takes a completely different turn if it is established that Abdulla Mohamed is a political plant of President Maumoon Abdul Gayoom, and is unconstitutionally retained by political influence, and placed as Chief Judge of Criminal Court by law, with the Majlis encroaching upon Constitutional powers given to the Judicial Service Commission alone,” Velezinee concluded. “Were it so, it is incumbent upon the Head of State to exercise his powers to prevent abuse of the Criminal Court by a political plant.”

“I am deeply concerned that the CNI report legitimises a dangerous precedent to permit de facto lowering of international standards despite the assurance of the highest standards of democracy as practiced in an open democratic society throughout the Constitution.”

CMAG to meet

The Commonwealth Ministerial Action Group (CMAG) is due to meet and a consider the report in the next week.

The Australian Minister for Foreign Affairs, Senator Bob Carr, on Tuesday issued a statement acknowledging its release.

Senator Carr will chair next week’s meeting of the CMAG which suspended the Maldives from the organisation’s human rights and democracy arm and placed the Maldives on its formal agenda after the events of February.

“Australia urges all party leaders to take part in discussions which pave the way to free and fair elections and strengthen Maldives’ democratic institutions,” Senator Carr said.

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HRCM to discuss case of minor sentenced to 100 lashes for fornication

The Human Rights Commission of the Maldives (HRCM) has said it would on Tuesday discuss the case of a 16 year-old girl who was on Sunday sentenced to house arrest and 100 lashes for fornication with a 29 year-old man, confirmed Vice President Ahmed Tholal.

Permanent Magistrate of Raa Atoll Hulhudhuhfaaru, Magistrate Abdul Samad Abdulla, sentenced the girl to eight months under house arrest, and for public flogging once she reaches the age of 18.

Meanwhile the man, who has been identified as Ahmed Rasheed, Finivaage, R. Angolhitheemu, has been sentenced to 10 years in jail on charges of sexual assault on a minor.

The sentencing has attracted international media attention and appeared in the UK’s Daily Mail newspaper.

President of the Hulhudhuhfaaru Island Council, Mohamed Zubair, told Minivan News today that the crime had occurred approximately two months ago. He said that the matter had been filed in court by the girl’s family.

Zubair said that although the girl was of school-age, she had stopped attending classes months ago.

An official of the Hulhudhuhfaaru Magistrate Court, Ali Rashid, spoke in length to Minivan News about the case on Tuesday.

“The girl has been sentenced to eight months house arrest. The charges for an adult who has committed fornication is a year’s house arrest, but since she is a minor, she can only be given two thirds of the regular sentence,” he explained.

Rashid said that the girl had been sentenced for fornication because she had confessed to it. The man, however, had denied the charges.

“The man said he hadn’t committed fornication, but he admitted to having hugged and done certain other things with the girl. This amounts to sexual assault of a minor under the law. That’s why he has got the minimum sentence possible under the relevant law, 10 years in jail,” Rashid explained.

The Magistrate Court confirmed that the man was now being kept in custody by relevant authorities.

The official of the Hulhudhuhfaaru Magistrate Court referred Minivan News to Article 25 of the act detailing special actions to be taken in cases of sexual offences against children (Act number: 12/2009).

Article 25 says: “Unless proven otherwise, it cannot be considered that a child between ages 13-18 had given consent to committing a sexual act. And unless proven otherwise, it will be considered that the sexual act was committed without the child’s consent.”

As the case now stands, two contradicting sentences have been given to persons involved in the same case.

While, as per the magistrate court, the man has been convicted of sexual assault, which translates into an act committed without the consent of the girl, the girl herself has been sentenced on the charges of having consensual sex outside of wedlock.

Private lawyer Mohamed Shafaz Wajeeh, agreed with this observation.

“I agree that there is a strong contradiction here. Also, the man has been sentenced under common law. The act he committed is criminalised under the existing laws, those drafted and passed through the parliament. The girl, on the other hand, has been sentenced under Sharia law, which is not specifically written down. There is a discrepancy in how men and women are sentenced. At times females face more difficulty denying charges of fornication. This, I believe is a structural issue which needs to be addressed.”

An official of the Ministry of Gender, Family and Human Rights, said that the ministry would not speak about specific cases.

Refusing to identify herself, she said, “If the girl has been sentenced for a crime, it’s either the court or JJU (Juvenile Justice Unit) that needs to be concerned. We will be concerned once the girl is flogged, but as far as I know, she hasn’t been flogged yet. We do not want to associate ourselves with a case that we are not involved in.”

Minister of Gender, Family and Human Rights, Dhiyana Saeed, was not responding to calls at the time of press.

In November 2011, UN HIgh Commissioner for Human Rights, Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives.

Speaking on the issue, Pillay said, “This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

Her statements and calls for discussion on the issue were met with outrage from the opposition and religious Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry itself dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

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Dissenting opinion in unity government coalition over MDP role in government

Speaking to Minivan News today, Chairperson of Maldives Democratic Party (MDP) Moosa Manik said that at Leaders’ Dialogue meeting held Sunday he had requested for two points to be added to the discussion agenda.

“According to the CNI report, this is a continuation of the government elected in 2008. Since it was MDP that was elected in 2008, we must be in government even now,” said Moosa.

“So I requested that we add to the agenda discussions over the participation of the MDP in the government elected in 2008. On these same grounds, I also requested we add to the agenda discussions to clarify whether MDP represents the ruling party, or the opposition in parliament.”

While Moosa Manik stated that the requests made were only to add discussions on the topic to the agenda, local media has reported that the party has proposed the MDP itself be included in the government. The news caused an eruption of differing views among the former opposition parties.

In a press briefing held after Sunday’s meeting, the President’s Advisor on Political Affairs, Ahmed Thaufeeq, said that he welcomed the MDP’s proposition. Thaufeeq said he felt it was a wise step to take in strengthening the unity government. He did, however, say that the matter had to be discussed among the parties currently in the coalition before coming to a decision.

Meanwhile, President’s Office Media Secretary Masood Imad told Minivan News today that there was no way all political parties could be part of a government in a modern democracy.

“If the MDP is allowed to join the government, then who will be the opposition? We need a viable opposition for the government to function. MDP is continuing to create havoc through protests and calling the government traitors. The best option for them is to continue staying as a viable and legal opposition,” Masood said.

He said it was so far unclear whether MDP wanted to show support to the government by ending the ongoing protests while staying on as opposition, or if they wanted seats in the cabinet.

Secretary General of Dhivehi Qaumee Party (DQP), Abdulla Ameen, told Minivan News that he was completely against the proposition. Alleging that MDP had failed to live up to its promises of 2008, Ameen said, “Dr Waheed very sincerely invited them to join the government previously, but they themselves rejected it. The MDP are still calling us ‘baaghi’ (traitor), so why should we let them into the government? Also, this proposition may have come from ‘Reeko’ Moosa Manik, and not necessarily from the party itself.”

Although Ameen stated that the party had not agreed on an official position on the issue yet, Vice President of DQP and current Minister of Home Affairs, Dr Mohamed Jameel, also told local media that he felt there was no justification to allow MDP into the government coalition.

On the other hand, Deputy Leader of the Jumhoree Party (JP) and Parliament Member for Kashidhoo Constituency, Abdulla Jabir, is of the opinion that MDP’s initiative would translate into a means of maintaining peace in a country as small as the Maldives.

“I would personally welcome the initiative, and the members of MDP, into the government. However, the JP hasn’t yet discussed the issue within the party,” he said.

Contrary to Jabir’s views, JP Leader Gasim Ibrahim and President Dr Ibrahim Didi – himself formerly President of the MDP – oppose the suggestion of MDP’s involvement in the government.

According to Sun Online, Dr Didi doubted the sincerity of the MDP’s proposition and stated that it is important to further look into the matter to see if it involves any “treacherous plans” of former President and MDP Presidential Candidate, Mohamed Nasheed. Gasim alleged that Nasheed had caused “immense loss to the country”, and that this had to be kept in mind when reviewing MDP’s request.

People’s Alliance MP Moosa Zameer told Minivan News that the party had no reservations about letting MDP into the current government coalition. He went on to say: “If Dr Waheed feels it is best to let MDP in, then we have no issues. However, we hope he will consider the fact that the bigger the government gets, the more complications will arise. There will be another election in 2013. Waheed very strongly wants a free and fair election. I feel that it can only go in a transparent manner which is to the satisfaction of all parties only if MDP too has a stake in the government.”

DRP MP Dr Abdulla Mausoom told Minivan News that the party felt discussions in the Leaders’ Dialogue should only be shared with media by its coordinators. Regarding former President Nasheed’s statement that PPM and DRP should not be part of the current government, Mausoom said “We do not think it is worth responding to statements by people who hold no official position in MDP. Former President Nasheed holds no post in MDP’s leadership and cannot speak in its behalf. We will respond only if MDP releases a former statement regarding the matter.”

PPM Parliamentary Group Leader Abdulla Yameen has been quoted in local media as saying that letting MDP join the government is not a problem ‘in principle’, but that the general members of his party are strongly against the idea.

MDP Chairperson ‘Reeko’ Moosa Manik clarified to Minivan News today that MDP had so far only accepted the CNI report along with the reservations put forward by former President Mohamed Nasheed’s nominee, Ahmed Saeed ‘Gahaa’. Moosa Manik also echoed former President Nasheed’s statement that if, according to the CNI, this is the 2008 government being continued, then he felt that the DRP and PPM should not at all be in the government coalition.

The Qaumee Party, Adhaalath Party, Jumhoree Party and Gaumee Ihthihaadh were in the 2008 coalition with MDP, while DRP, PPM and PA were in opposition.

MDP meanwhile confirms that it will continue the ongoing protests asking for early elections.

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

Minister of Home Affairs and Vice President of Jumhooree Party Dr Mohamed Jameel and DRP Leader Thasmeen Ali were also not responding to calls.

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Common sense after CoNI: Eurasia Review

As the best hope of unraveling the tangled events surrounding Nasheed’s resignation on February 7, the failure of the CoNI ought to put to rest attempts to determine what happened on that fateful day, writes Daniel Bosley for the Eurasia Review.

CoNI represented the light at the end of the tunnel that has been the country’s attempts at political reconciliation since February. Assembled by Presidential decree and reconstituted by international request, the inquiry has become increasingly important as parallel all-party talks failed to get off the ground.

The revelation that Nasheed’s representative on the commission, Ahmed Gahaa Saeed, was unhappy with the report on Monday suggested that its public release on Thursday would be a disappointing anti-climax. His resignation on Wednesday confirmed it.

It also confirmed the reality that no legal document, governmental report, or political opinion will ever change the differing versions of events that are indelibly scored into the hearts and minds of Maldivians.

After six months of going round in circles, it is time to face reality and find the best way to heal the nation – starting from where it is today – on the edge of a precipice.

Read more

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Maldives surfing threatened by privatisation: Zigzag

Telos Investments wants to develop a ’boutique’ surf resort on Thanburudhoo island, home to two of North Malé’s best waves – Sultans and Honkies. If this proposal gets approved – which is looking highly likely according to long-time local surfer Ahmed Nasru (Mickey), who claims the process smacks of underhanded dealings – then the number of quality spots in the area which are open to locals will halve, writes South African surf news website Zigzag.

This will leave only Jailbreaks (on Himmafushi island) and Cokes (on Thulusdhoo island) as the last quality reef passes in the area without exclusive rights and open to local surfers.

Privatisation of surf spots is nothing new. For decades now entrepreneurs and even companies have been buying up land adjacent to quality surf breaks from South America to North Sumatra, claiming rights to the breaks in front of their resorts, and making them exclusive to guests.

Local surfers from the North Malé atolls of the Maldives are very familiar with this process. Some of their finest surf breaks – like Lohifushi and Pasta Point for example – have been deemed off-limits for many years after resorts were built on the islands hosting these waves. It’s something the local surfers have learned to live with, because they always had a few other quality spots in the area to fall back on.

If the Telos Investment proposal goes through, that will all change as their last few quality spots are gobbled up by privatisation.

And then of course there is the ethical question: it’s becoming increasingly clear that privatisation not only infringes on local surfers’ rights to freely access the reefs and islands they’ve inhabited and lived off for centuries. It also ensures any visiting surfers who can’t afford to pay the prices of these ’boutique’ resorts will instead be forced to sit shoulder-to-shoulder waiting for a set at the last two quality spots in North Malé.

The knock-on effect could even lead to surf tour operations going out of business – why go on a surf trip when you’re not allowed to surf half the waves? The end result would mean locals not only lose out on waves, but for those employed by, or operating their own surf tour business, their very livelihood could be threatened.

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Nasheed sole focus of government’s charges following CNI findings: Home Minister

Home Minister Dr Mohamed Jameel Ahmed has told local media that former President Mohamed Nasheed was the only individual the government would charge following the findings of the Commission of National Inquiry’s (CNI)’s report.

Addressing the February 8 police crackdown on demonstrators, Jameel claimed that the government had not yet been able to organise or appoint a full cabinet on the day.  He added that the police themselves were responsible for their acts at that time and any potential charges they may face over the report’s conclusions.

Dr Jameel said that the Police Integrity Commission (PIC), according to its mandate, will look into issues concerning police conduct.

The fourth key finding of the CNI report called for an investigation of acts of police brutality of February 6, 7 and 8, although this was not revealed by President Dr Mohamed Waheed Hassan during the report’s release on Thursday.

Spokesman for the Maldivian Democratic Party (MDP) Hamid Abdul Ghafoor today responded to Jameel’s comments, saying: “The people who committed these crimes are responsible for implementing the CNI. The CNI has given room for politicians to free themselves.”

Ghafoor said that the report “articulated urgency” with regards to generating confidence in the nation’s key institutions.

He also reiterated the MDP’s call for the immediate implementation of legal proceedings against those implicated in wrong doing.

During a press conference yesterday, Defence Minister Mohamed Nazim stated that he wanted to further highlight Nasheed’s “lies”.  He added that contrary to Nasheed’s claims the day before, the CNI report made no mention of any illegal actions or involvement in an alleged “coup d’etat” by the Maldives National Defence Force (MNDF).

Former President Nasheed recently suggested that a core of 300 police and military officers were “undermining the public interest of the entire country”.

Ghaoor said today that as long as these people remained in their positions, “the country will be run by a military dictatorship”, before appealing to CMAG to review the findings of the report.

“I do not believe they will leave the country at the mercy of armed forces,” said Ghafoor following the Commonwealth’s encouragement of all sides to respect the report’s findings.

Jameel yesterday indicated his belief that the CNI report relieved the current government of any further obligations to negotiate with Nasheed, regardless of any external pressure.

“No international power can coerce this government into discussions with Nasheed again. This chapter closes here,” Dr Jameel said.

Both Jameel and Attorney General (AG) Azima Shukoor went on to advise the country’s youth against backing Nasheed, calling him a “habitual liar”.

“Do you realise what sort of a man you are following? He is a habitual liar, do you understand? And what exactly do you achieve by staying behind him? You just have to keep facing police and military action, be answerable to PG and courts, and end up in jail, leaving your young wives and children behind. Is this the future you want?” Dr Jameel said.

Statements from the United States, India, the United Nations and the Commonwealth all urged continuing dialogue amongst political actors.

Nazim said that, just as he had stated prior to the release of the report, the government would not be taking any action against any MNDF officers with regard to the CNI report.

Nazim did confirm that he would be taking legal action against all persons who referred to any MNDF soldier or to himself as ‘baaghee’ (a Dhivehi word meaning: a traitor who had brought about or participated in a coup).

The executive summary of the CNI report stated that urgent reforms were needed to the “basic institutions of democratic governance” and that justice “needs to be seen to be done in order to reassure the public and inspire their confidence.”

Nazim instead focused on the report’s ruling that there had been no coup in the Maldives, and hence no one had a right to label as traitors either the soldiers or any member of the executive, including himself, who, despite having been relieved of his duties officially, had acted as a commander of the MNDF Forces on February 7 in a personal capacity.

“Because I was there in a personal capacity, President Nasheed has often named me as a man who has administered a coup. But I would like to point out that my name does not come up in the CNI report at all,” Nazim claimed.

Nazim is identified in the CNI report as one of three “critical participants” on February 7  as one of three people who – along with current Police Commissioner Abdulla Riyaz –  “had been watching what was going on at Republican Square and felt it was their moral obligation and  public duty to intervene.”

“These three men, when they arrived at Republican Square, appeared to  enjoy positive rapport with the opposition groups outside the MNDF HQ and quickly  assumed leadership roles, particularly with the police. There is no suggestion that they were appointed or given specific authority,” the report states.

Regarding a statement by the international advisers in the CNI defending the commission’s professionalism and integrity, Attorney General Shukoor said that the international community may have taken Nasheed’s nominee Ahmed Saeed (Gahaa)’s claims more seriously had he submitted a dissenting opinion instead of handing in his resignation.

The attorney general alleged that Saeed was unable to do this as he did not have enough evidence to back his claims.  She said that if anyone wished to contest the findings of CNI, they were advised to file the case in court.

Ghafoor today lamented what he saw as the failings of the CNI: “It does not seem as if [the MDP’s] troubles are over. Doesn’t look as if trouble for the country as a whole is over.”

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Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers

International advisors to the Commission of National Inquiry (CNI) – Judicial Advisor Sir Bruce Robertson and Legal Advisor Professor John Packer – have defended the commission’s independence and professionalism in the wake of criticism from the MDP’s representative.

Ahmed ‘Gahaa’ Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and misleading translations.

“Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation,” stated Robertson and Packer, in an appendix to the report. “The other member was not at all times willing or able to act independently and resigned the evening before the report was submitted and published.”

Saeed’s resignation created “discord and mistrust” in a community “in desperate need of reconciliation”, the pair claimed, defending the professionalism of the CNI’s methods.

“We have seen nothing but objective and independent professionalism in the institution. The Commission has sensibly and sensitively heard all who wanted to make a contribution. It has firmly and fairly held participants to telling what they had heard and seen for themselves and deflected them from conjecture and speculation without facts.”

“The nation has been well served by the Commissioners and any assertions of bias or lack of objectivity levelled against those remaining have no justification. They reflect badly on those making unfounded allegations,” Packer and Robertson stated.

“For the evidence collecting exercise to have value all witnesses had to be questioned and challenged about their recollections of events and the basis for them. Equally they had to be confronted with alternative evidence so they had the opportunity to comment on it. Some found this process unsettling. Many were familiar and only comfortable with making assertions and not being required to justify or explain how they had reached their view,” they noted.

As the evidence unfolded, the advisors said they observed “a national obsession with street demonstrating at an alarming level”.

“Some would want to call [this] an example of the rights of freedom of expression and assembly. In reality it is rather more bully-boy tactics involving actual and threatened intimidation by a violent mob,” they stated.

“This perpetual behaviour is sapping public life and hindering the Maldives’ development as a modern democracy.”

The evidence revealed longstanding tensions in the Constitution as a result of a Presidential system being “grafted” on to a parliamentary system.

“The creation of independent commissions will only be the safety valve intended when they are adequately resourced and fulfil their mandates in a timely and decisive manner,” they observed.

Furthermore, “Fundamental to the operation of a modern democratic society is the existence of an operating and absolutely independent judiciary which has the confidence of the entire community. Radical action is required to breathe utility into much of the state framework, especially to ensure the proper administration of justice. This cannot wait.”

Dunya writes to McKinnon

The comments from the international advisers followed a letter sent to Commonwealth Envoy to the Maldives Sir Donald McKinnon by State Minister for Foreign Affairs Dunya Maumoon., daughter of former President Maumoon Abdul Gayoom.

In the letter, obtained by Minivan News, Dunya advises McKinnon that Saeed had “put the Commission’s work at risk by publicly questioning the credibility of its draft report, three days before its scheduled publication.

“He has also questioned the integrity of the highly respected senior judge from Singapore, Justice Selvam, the Co-Chair of the Commission, who was recruited by the Commonwealth. This is a disturbing development that could inflame the already heated political environment in the Maldives,” Dunya wrote.

She informed McKinnon that it was “time the Commonwealth puts into perspective the pattern of behavior by former President Nasheed since he resigned from the office of President, and ponders the credibility of his accusations and claims.”

“The government is committed to bringing stability into the country and cultivating the values of democracy in the Maldives,” she claimed.

“You may recall that while accepting Mr Saeed’s name to the CNI, the government made it very clear its strong reservations about Mr Saeed’s impartiality and independence because of his close associations with the MDP.

“We request you call upon former President Nasheed and his supporters in the MDP, as well as Mr Saeed, to stop their intimidatory actions and let the work of the CNI proceed to a successful conclusion. The Commonwealth’s valuable role in resolving the political tensions in the maldives is a critical one, and that role should also be seen to be fair as well,” Dunya wrote.

“Otherwise there is a risk that the country’s young democracy might be pushed into a steep decline where only chaos will reign.”

Former President Nasheed on Friday accepted the CNI’s report, subject to Saeed’s reservations, however he observed that the report 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.”

Minivan News is currently waiting for a response from MDP Spokesperson Hamid Abdul Ghafoor.

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Comment: So long, and thanks for all the democracy

On the night of August 29, groups of uniformed officials of the Maldives Police Service were observed going around Malé in trucks, singing songs and mocking opposition MDP activists – the same ones they brutalised in a nationally televised theatre of violence during the events of February 7th and 8th.

The next morning, large groups of uniformed police were huddled together on the streets in their riot gear, their faces concealed by balaclavas, while the country awaited an announcement from the Commission of National Inquiry (CoNI) appointed by the Waheed regime to ‘investigate’ the controversial transfer of power.

The announcement surprised exactly nobody; the council of pigs had found in favour of Napoleon. There was no coup, it ruled. In fact, there wasn’t even a police mutiny. And if there was one, it didn’t quite break any law, the report found.

By evening, the Waheed regime’s Police Service – now apparently empowered to make their own laws – had declared that calling them ‘traitors’ was now a crime, and any person indulging in the act would be arrested.

The declaration followed in the footsteps of two citizens being arrested in recent days for the offence of calling Waheed a ‘traitor’. Journalists witnessed one lady being taken away on 30th August, allegedly for the crime of taking photographs of the police.

Over the course of the day, scores of MDP protesters would be detained by the police in ancticipation of large scale protests against the findings of the report, and the continued demands for early elections.

With the international community apparently eager to wash its hands off the Maldives, there will be plenty of time and opportunity for the police to deal with troublesome critics over the remainder of Waheed’s rule.

The CoNI Report

Ahmed ‘Gahaa’ Saeed, the sole representative of President Nasheed on the 5 member Commission, resigned the day before the report was to be made public. In a press conference following the publication of the report, Saeed pointed out what appear to be serious lapses in gathering evidence and recording testimony in preparation of the final report.

Among them, he highlighted that CCTV footage was provided for only 3 out of 8 cameras around the MNDF area, and even those had hours of footage edited out. No sufficient explanation was given by the security forces.

The Commission was not provided any CCTV footage by the Police and the President’s office, according to Saeed. Nor was CoNI granted access to information gathered by the Police Integrity Commission.

Furthermore, no interviews were held with any official of the notorious ‘Special Operations’, the highly trained riot control force that played a crucial role in the ouster of the first democratically elected government, as well as the subsequent targeted attacks on civilians, MDP leaders and party activists. Also missing was the testimony of Umar Naseer, the Deputy Leader of PPM who has publicly declared his role in the overthrow of the elected government, and revealed the existence of a ‘command centre’.

According to Saeed, other prominent interviewees alleged to have played a role in the coup d’etat appeared to have been coached, with all of them giving standard, non-commmital responses.

None of these alleged lapses or limitations were highlighted in the final report.

Illegal duress

Section 4F of the report, defining ‘Coercion in Law’ begins as follows:

“Coercion, as used in the Decree, refers to the American legal concept of illegal duress or the English legal concept of intimidation. This is a real threat delivered by one or more wrongdoers to another to harm and injure the latter or his family if the victim does not do something as demanded”

But surprisingly, the report makes no mention of the leaked audio recordings, first aired by Australia’s SBS Dateline program, that clearly reveal the President pleading for the safety of his family in return for his resignation on the morning of February 7.

There were a few other sections of the report that raises eyebrows. Regarding an allegation about an SMS purpotedly sent by the then Permanent Secretary at the Ministry of Environment, allegedly asking for the disbursement of 2.4 million Rufiyaa to the mutinying cops, the Commission had this to report:

“[Mr. Saleem] debunked the message effortlessly, claiming that he did not recall sending such a message. After hearing him, the Commission would not invade and investigate the privacy and personal affairs of all and sundry…”

While the first sentence suggests some truly extraordinary levels of trust placed by the Commission in the testimony of the accused, the second reveals an inexplicable reluctance in pursuing every possible avenue of inquiry to uncover all relevant facts behind the power transfer – which, by definition, was the Commission’s job.

Furthermore, the report seems to paint a picture that the President was completely secure and faced no threat inside the MNDF HQ, when in reality it is undisputed that sections of the already outnumbered military had broken ranks and joined with the hostile police and opposition protesters in rioting outside.

Video recordings aired on National television showed military officers refusing to obey the President’s orders. Retired colonel Mohamed Nazim, in the video clip where he is seen addressing the mutinying forces outside, talks about being received warmly inside the MNDF HQ.

Indeed the CoNI report itself quotes him as saying “When I entered the military headquarters I was given a very happy scene. Everyone within the military lifted me up and very completely revealed their support for me. God willing, things will happen today as we want”.

If one is familiar with the fate of former Maldivian rulers facing chaotic mobs, then one realizes that guns were not necessary to threaten the President’s life. All that was required was for a solitary soldier to throw open the gates.
The report itself states elsewhere that all command and control was lost.

All of this appears entirely contradictory to the conclusions of the report that asserts that President Nasheed remained in control and had legal options to employ force to deal with the situation, which he refused to do – and therefore could not claim he resigned under duress.

This lends some credence to President Nasheed’s claims that the report was prepared with the political situation in mind, rather than with any serious ambition of uncovering facts.

Options before the MDP: Way forward

It is unrealistic to imagine that ordinary civilians, no matter how numerous or passionate, can topple a regime that is protected by a modern, trained, unsympathetic – and in this case, hostile – police and armed security forces.

The police have superior training, equipment, strategy, organization, intelligence gathering and other resources to counter and defeat any move that civilian protestors could possibly make. The same forces that protected the dictator Gayoom against an overwhelming tide of unpopularity can sufficiently protect his alleged puppet.

Given these realities, it is wise that President Nasheed has chosen to make a major concession and accept the findings of the report, while calling to implement its much welcome recommendations that include the strengthening of various institutions such as the HRCM, Police Integrity Commission, JSC and the Judiciary while also calling for swift action to be taken against rogue cops, who the report acknowledges had engaged in acts of brutality towards civilians.

While there remain serious injustices to be addressed and plenty of reasons for the MDP to be rightfully outraged, the path forward necessarily involves having to break the political gridlock that has paralyzed the nation since late last year.

It is clearly in the best interests of the public that the All Party talks resume and the daily business of running the nation and fixing the economy take centre stage again.

There are important lessons to learn from February 7. President Nasheed and the MDP need to introspect and reflect on their own considerable mistakes and poor judgments. The most important among them, perhaps, is committing to uphold the rule of law without any compromises, no matter how morally justifiable it may be.

With under a year left for the next scheduled elections, the MDP would be well advised to direct its efforts and resources on going back to the people and rallying them behind larger ideals.

Ultimately, one must remember that it was the people who handed a mandate to President Nasheed in 2008, and despite the ugly precedent set by the police and military, it will hopefully be the people once again who will make the decision in 2013.

So long, and thanks for all the democracy

With the publication of the CoNI report, and the apparent willingness of the international community to confer the same legitimacy on Waheed that it once granted the iron-fisted Gayoom – ostensibly with ‘stability’ in mind – the clocks have effectively been turned back a few years.

The Maldives’ unprecedented democratic revolution that began in the early 2000’s has ended prematurely, and many of the gains made since then have now effectively been reversed.

After three years, the Police have once again become an entity to be feared and loathed. The familiar intimidation of the media, and bullying tactics that were so widely prevalent during the Gayoom dictatorship is also back.

Waheed’s regime has been outright hostile to the free media, repeatedly barring the only opposition-aligned TV station from covering President’s office press conferences, and permanently withdrawing police protection for the channel’s reporters – despite explicit constitutional safeguards upholding media freedom. There is plenty of visual evidence of Raajje TV’s reporters being harassed and pepper sprayed at close range by the police; targeted attacks on the station by pro-government goons in August forced the station to interrupt services.

Citizens now face arrest for merely calling Waheed and his police forces ‘traitors’, whereas his regime regularly and unapologetically refers to citizens demanding early elections as ‘terrorists’.

The runaway judiciary remains weak and ineffectual, and there is no longer an elected President in power with any interest in fixing this crucial, but broken third leg of the base on which the country’s democracy was built to stand.

With a spineless media, a lethargic civil society, an incompetent Judiciary, weak institutions and watchdogs, a heavily politicized Police and military, not to mention the overarching influence of money and corruption in the whole process, the gargantuan task of achieving practical democracy in the Maldives appears forbidding, if not downright impossible.

To sow the seeds for a new revolution, the MDP needs to go back to the grassroots and educate the public.

February 7: the legacy

February 7 has left in its wake some very unwelcome precedents and niggling questions.

First among them is the newly acquired role of the police and military in determining the transfer of power, which the constitution had originally envisaged as being the sole prerogative of the voting public.

Will all future governments of the Maldives be required to buy the loyalty of the uniformed services with a range of perks, pay hikes, unprecedented promotions and turning a blind eye to their excesses and brutality in order to remain in power, as demonstrated by the Waheed regime?

Shall the Maldives follow in the footsteps of Pakistan that, over 65 years since independence, has failed to see a single democratically elected government complete a full term?

Finally, will the Maldivian judiciary ever become a house of justice for the public? Or will it remain perpetually overrun by incompetent fools, resistant to any external attempt bring them in line with the ideals enshrined in the constitution?

Does the Maldivian public really stand a chance to complete the democratic transition process we embarked on nearly a decade ago? Or will the next guy to attempt this Herculean task also pay the same price that Mohamed Nasheed did?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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