Tag: minivan

IPCC report to give Maldives date of extinction: Guardian

On Friday 27 September, the low-lying island nation of the Maldives will be given the date of its extinction; notice of a death by drowning, writes Damian Carrington for the Guardian.

It will come in the form of a prediction for future sea-level rise in a landmark report on global warming by the world’s climate scientists. On current trends, anything more than three generations will feel like a reprieve.

On the packed streets of Male’, the mini-Manhattan that serves as the Maldives’ island capital, there is a political clamour. But, perhaps surprisingly, the cause is not worry about the existential threat posed by the rising seas but over accusations of corruption and vote-buying in the presidential election.

Friday’s landmark report on global warming from the Intergovernmental Panel on Climate Change (IPCC) – which is currently being finalised by a meeting of the world’s top climate scientists along with political observers in Stockholm – will set out the extreme precariousness of this position.

For coral reefs, the 800 climate scientists behind the report will be forced to add a new colour – purple – to the top of their range of risk levels to signify how much the dangers have worsened since the last IPCC assessment in 2007.

A significantly higher estimate for future sea-level rise is expected, up to 97cm by 2100, and this poses the most obvious threat to an archipelago where most land is no taller than an 11-year-old child. But rising sea temperatures will also increase coral bleaching and crumbling – where the reef gradually dies because the coloured algae that live within and help to feed the corals are expelled as the water warms.

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Elections Commission calls for run-off to go ahead as constitutionally scheduled

Elections Commissioner Fuwad Thowfeek has told Minivan News that the second round of the presidential elections will go ahead as scheduled on Saturday.

“We will uphold the constitution and hold the election on the 28th,” said Thowfeek.

Article 111 of the constitution mandates a run-off election within 21 days of a first round of polling if no candidate gains more than 50 percent of the vote in the first round.

The decision comes despite a Supreme Court ruling on Monday (September 23) ordering all state institutions to delay preparations for the poll until it issues a verdict in a case filed against the EC by the Jumhooree Party (JP), seeking to annul the first round in which it narrowly placed third.

“We don’t believe any organisation or institution can overshadow the constitution. So we are working as per the constitution. I am trying to fulfill the national duty of the election commission. I don’t want to leave room for those who break laws and the constitution,” Thowfeek stated.

“I don’t care about punishment from the Supreme Court. If they are right, they should uphold the constitution,” said Thowfeek.

“We are asking for police support. Among the police there are those who support an election on the 28th. But due to the nature of their duty even if they want to support us they can’t without a direct order.”

The Police Integrity Commission (PIC) have called for the police to provide any assistance the EC requires to go ahead with the second round though Minivan News is aware that sources from within the police have warned that any attempts to hold the poll will be physically stopped.

Following the court ruling this week, the EC told a press conference that – after conflicting orders from the court and the Majlis – it would be guided by the constitution, which it argued ought to be the final arbiter on electoral procedures.

However while the EC members are believed to have a majority in favour of holding the election as scheduled, Vice President of the EC Ahmed Fayaz this evening expressed his unwillingness to support the move.

“I do not support this. I want to hold elections as per the law. I do not dare participate in this. I think this is backfiring. The EC cannot single-handedly hold an election, we need administrative and security support, ” he said.

“There are 3000 officials. If their opinion differs we cannot hold this without their support. In some countries once elections start, the police and state resources are at elections commission’s disposal. It is not the same here – some island and atoll councils have already said they will not support us.”

“I do support going ahead with preparations, to be ready to hold elections at any point,” stressed Fayaz.

Aishath Velezinee, whistleblower and former member of the Judicial Services Commission (JSC), the body tasked with oversight of the judiciary, has declared Monday’s injunction “a mutiny in the Supreme Court”.

“This is a mutiny in the Supreme Court. We have only seen an [injunction] order signed by four of the seven member bench. Even in a majority decision, every judge must give the reasoning for their decision in writing. We should see the other opinions,” she said.

“The Chief Justice has previously complained of orders being sent out without following due process. The legitimacy of the court order is in question.”

Velezinee cited precedent in a unanimous Supreme Court ruling given in 2009: Ruling C/2009/02, unanimous decision: only Act of God or State of War can legally delay a date specified in constitution,” she noted.

“According to the constitution there is no role for the Supreme Court in an election. There are no laws giving the Supreme Court oversight of an election. The constitution gives 21 days for the holding of second round, after the first round,” she emphasised.

Maldivian Democratic Party (MDP) candidate Mohamed Nasheed welcomed the EC’s decision, calling on all parties to respect it.

Nasheed emerged as the front runner in the first round of polls, with 45.45 percent (95,224 votes), followed by the Progressive Party of Maldives (PPM) candidate Abdulla Yameen who received 25.35 percent (53,099 votes).

JP candidate Gasim Ibrahim – who narrowly missed out on the run-off with 24.07 percent (50,422) – has commented on twitter, writing “no one is above the law. Rule of law shall prevail.”

PPM running-mate Dr Mohamed Jameel joined with fellow party members in calling for  the arrest of the EC Commissioner Thowfeek.

“Our view is very clear, the election cannot go ahead.  We will not allow it, no one in the country will allow it,” he said.

He added that Thowfeek’s pledge to hold voting on September 28 had created disharmony and a “rift” within society.

“[These actions]  won’t ease political tensions n the country and may well lead to violence,” Dr Jameel stated.

The PPM yesterday filed an additional case with the Supreme Court, requesting a delay of one month to allow time for campaigning.

Background on the injunction

The controversial Supreme Court case, filed 10 days ago, requested that the court annul the first round void due to what the JP argued were severe discrepancies in the voter registry.

These allegations ran contrary to the reports of numerous international observers who have roundly praised the freeness and fairness of the first round, and the preparedness of the EC.

When asked about the capability of the EC during a public lecture today, former South African Constitutional Court Judge Johann Kriegler described these elections as “as good as I’ve ever seen”. Kriegler has been working alongside the EC and the UNDP in preparations for the poll.

The EC has challenged the veracity of the evidence presented in court and argued that, even were it factual, it is not sufficient to alter the outcome of the first round.

Global condemnation followed the Supreme Court’s issuing of the injunction, with the UK, EU, and the Commonwealth specifically calling for the run-off to go ahead as scheduled.

India’s Minister of External Affairs Salman Khurshid said his country was deeply “disappointed and distressed” at the development.

“Our understanding of the democratic system is that even if there are imperfections in the election system, those imperfections need to be addressed in a manner which is not destructive of the very process of elections,” said Salman Khurshid.

Indian warships were today seen performing maneuvers close to Male’, though authorities have stated the naval presence is part of a training exercise.

The Maldives Ministry of Foreign Affairs meanwhile responded to the global opprobrium by calling on international groups to “help, not hinder the state institutions in exercising their constitutional duties”.

The MDP reacted to the court’s decision by launching a series of protests highlighting the questionable ethics of the Supreme Court bench, particularly a series of leaked sex videos featuring Supreme Court Judge Ali Hameed and unidentified foreign women. The JSC – headed by Supreme Court judge Adam Mohamed and on which Gasim himself sat – rejected the recommendation from its own sub-committee that the judge be suspended.

Subsequent protested have been characterised by the presence of countless pairs of white underpants, as worn by the character alleged to be Hameed in the sex tape. Numerous arrests have been made on the island of Rasdhoo after locals hung a giant pair of underpants outside the Magistrate’s Court.

Former President Nasheed also called for tourism workers to strike should the poll not go ahead, receiving backing from the 5000 strong Tourism Employees Association of the Maldives (TEAM) today.

Following Nasheed’s appeal, the Maldives Association for Tourism Industries (MATI) issued a statement warning of “irreparable consequences” to the Maldivian economy unless the election is expedited.

Minivan News has ceased live updates on this page.

9:30pm: Elections Commissioner Thowfeek told Minivan News that he was called by the head of police specialist crime command, Hassan Habeeb, who told him that unless the Supreme Court issues an order or lifts the injunction, “police will physically stop an election from taking place”.

Fuwad said he had asked for the statement in writing, and expressed concern that police appeared to be ignoring the constitution.

9:45pm: Secretary General of the Elections Commission Asim Abdul Sattar told Minivan News: “It is ambiguous, questionable and ridiculous the way [the police] are siding with the court. The constitution is of the utmost importance – it is what all other laws and acts are based on. If one article is disregarded, the entire constitution is void.”

9:50pm: Thousands of MDP supporters have begun rallying in Male near the Tsunami Monument.

9:52pm: MDP running-mate Musthafa Luthfi at the  rally: “I salute the Elections Commission for upholding the constitution”.

10:00pm: MDP MP Mariya Didi praises police and military at Raalhugandu rally – “We are all Maldivians. We all have to live together”

10:15pm: Thasmeen; we have worked with the MDP before. We believe this is a moment in which we have to work together again. We are at present facing enormous challenges in upholding constitution and protecting our sovereignty. All of us, who wish well for the country, we have to work together.

10:20pm: Speaking before going into an EC meeting, Thowfeek told Minivan News that the group strives for unanimity, and that Commissioners Fayaz and Waheed were reluctant to proceed due to the potential of arrest when contravening a Supreme Court order.

“The police, the AG, and the president are with them [the Supreme Court] so they can do anything. I believe after all these years we have recently become a democratic society, and if we become so timid, we will go back to a dictatorship.

If the Supreme Court, or any institutions go against the constitution, we have to have the guts to stand up and prevent them from violating the constitution.”

10:30pm: Ahmed Shafeeu, Acting Minister of Home Affairs, has told Minivan News that a twitter account under his name that advocated the election “must be held as stated in the constitution” was a fake profile.

Shafeeu said that a press statement would be released on the Home Ministry site “shortly”.

11:10pm: The Home Ministry has put out a press release expressing concern, with fears of unrest and anxiety among the public caused by media reports and statements from politicians.

The press release stressed the importance of respecting and adhering to the Supreme Court order to ensure rule of law.

The Home Ministry offered assurances that it would do “everything necessary to ensure the safety and security of the beloved Maldivian people”.

11:30pm: Commissioner of Police Abdulla Riyaz told the PIC in a letter today that police have informed the Elections Commission and the National Coordinating Committee (advisory body) that it could not “participate in any activity to hold the second round of the presidential election on September 28” following the Supreme Court stay order as holding the election against the injunction would be “illegal”.

However, Riyaz stated that police “have not stopped providing legally mandated cooperation to the Elections Commission”. Police are providing security to EC members as well as the commission’s office and maintaining security for ballot boxes and ballot papers sent by the EC to the atolls on September 23.

11:45pm: Translation of Nasheed’s speech at Raalhugandu rally:

“We are a party that makes pledges. We are a party that fulfills pledges. We are seeing the various state institutions of the Maldives, various individuals, standing up in the moment they had to stand up. I congratulate the Elections Commissioner. I congratulate Fuwad. The example you have shown us is one we are all proud of.

Maldivian citizens are not ready to let Maldives adrift. Maldives citizens are ready to take our nation to safe shores. God willing, voting will start at 7:00 in the morning on Saturday. Come out, come out, go vote. God willing, we will win this election.

Maldivians want jobs, shelter, healthcare, social safety, prosperous life, a dignified life, Maldivians want a day they can do honest work, live dignified lives with their wives and children. God willing, we are bringing you this day, another way, the other Maldives, a dignified life.

God willing, there will be no one to obstruct the Elections Commissioner’s decision. Some among us still have doubts in their hearts. That at any time tonight the police may arrest the Elections Commissioner. That they may take away the ballot boxes on Saturday. None of that will transpire.

Saturday will be a very happy day. There must not be any doubt in any of your hearts. It will not be an ominous day. There will not be any violence or any other kind of disruption. Early morning, you will come out of your houses, you will vote in various ballot boxes and establish a people’s government.

Whether its today, tomorrow or Saturday, our rivals need to know, honestly, there is no reason for you to worry either. You will lose in a big way. There is nothing we can do about that.”

12:22am: Acting Home Minister Ahmed Shafeeu has said action will be taken against those who violate the Supreme Court order to delay the second round of the presidential election, reports Haveeru.

In a statement to the media, Shafeeu said that the government that all state institutions must respect the Supreme Court injunction. “I urge all Maldivian citizens at this opportunity to obey the Supreme Court order. And I remind everyone that violating the Supreme Court order or assisting such an action is a crime. The government will take necessary action against such persons,” he said.

12:25am: Local media is reporting that the Supreme Court has issued a further order to security forces to immediately stop any action in violation of their previous order to stop election preparations. Minivan News is awaiting official confirmation.

00:44am: Finance Minister Abdulla Jihad has confirmed that his ministry would not be providing any funding required by the EC for the run-off vote due to the Supreme Court order requesting for the election not to proceed.

“If the EC requires any expenditure against the orders of the Supreme Court then we will not be able to honour those bills,” he said.

00:49am: The new Supreme Court order quotes Article 141 of the constitution – arguing that the Supreme Court shall be the highest authority for the administration of justice in the Maldives. It also quotes Article 145, which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

The ruling also sites Article 20 of the Judicature law which states the presidency, Majlis, judiciary, independent institutions, police and security forces, government officials, and all citizens must obey Supreme Court decisions.

“Since it is stated clearly, it is illegal to disobey or challenge a Supreme Court order within the jurisdiction of the Maldives”.

It calls for implementation of 2013/SC-VA-J/02 (order to delay polls) until a verdict is issued in case 2013/SC-C/42, and “orders the security forces of the Maldives to implement order 2013/SC-VA-J/02 and stop any individual from disobeying it”.

The new order comes under Constitution article 237: “The security services shall protect the nation’s sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.”

The order was signed by 6 of 7 Supreme Court judges. It was not signed by Justice Muthasim Adnan.

01:00am: Minivan News understands death threats were sent to senior EC officials at around 6:00pm: “We will kill anyone who allies with Fuad Thowfeeq against the Supreme Court order and the Maldivian constitution. Allah Akbar.”

01:15am: Minivan News has confirmed with EC President Thowfeek that reports circulating on twitter and some media outlets regarding the supposed cancellation of the election are false. He stated that the commission will confer with its legal team on Friday and reconvene at 4:00pm.

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Transparency slams parliament, JSC for failure to address challenges to Supreme Court’s integrity

The failure of parliament and the Judicial Service Commission (JSC) to address alleged integrity issues of the Supreme Court judges have “created avenues for political and other actors to question the conduct, injunctions and verdicts of the Supreme Court”, Transparency Maldives has said.

Transparency fielded a team of 400 election monitors during the first round of September 7, stating that the process was fair and credible and that incidents observed on the day would not have had a material impact on the outcome of the election.

The Supreme Court on Monday evening, however, issued an indefinite injunction halting the second round of the presidential election, which had been scheduled for September 28.

The case was filed by the Jumhooree Party (JP), whose presidential candidate Gasim Ibrahim narrowly missed a place in the run-off with 24.07 percent of the votes.

Prior to his registration as a presidential candidate Gasim was a member of the JSC, and was responsible for rejecting a recommendation from the JSC’s own subcommittee recommending that Supreme Court Justice Ali Hameed be suspended pending an investigation into his leaked sex tapes.

The sex tapes and suspension of the election have resulted in escalating protests targeting the courts, with large pairs of white underpants quickly becoming widely adopted as a protest symbol.

“Expeditious resolution of such allegations and issues is imperative to ease rising tensions in the election environment and prevent the derailment of democratic processes,” said Transparency Maldives in its statement.

“Relevant state institutions, including the Judicial Service Commission and the Parliament of the Maldives must expedite the resolution of these issues and allegations, in a transparent manner free of conflict of interest, to reduce questioning of and allegations of partisan bias in such processes.”

The JSC is headed by Supreme Court Justice Adam Mohamed, one of the four Supreme Court judges who endorsed the suspension of the election. Despite a recommendation from its subcommittee to suspend Hameed, the JSC rejected taking action against the judge citing “lack of evidence”. Gasim meanwhile publicly dismissed the videos as “fake”.

A meeting of parliament’s Independent Commissions Oversight Committee yesterday was meanwhile been disrupted by government-aligned MPs blowing whistles, shouting and destroying equipment and furniture.

Local media captured video footage of yesterday’s meeting, including Dhivehi Quamee Party (DQP) MP Riyaz Rasheed vandalising equipment, hurling a chair and threatening cameramen while Progressive Party of Maldives (PPM) MP Ali Arif and Maldives Development Alliance (MDA) MP Ahmed Amir blew on whistles and yelled at parliament staff.

Newspaper Haveeru reported that the three pro-government MPs grabbed documents from administrative staff, impeded journalists and used obscene language.

After microphones and recording equipment were damaged, MDP MPs used their phones to record proceedings, during which MDP MP Ahmed Sameer was elected as chair and Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam as deputy chair.

Former chairperson of the committee, Independent MP Mohamed ‘Kutti’ Nasheed, resigned from the position this week but choose to remain a member of the oversight committee.

In addition to the Kulhudhufushi South MP, the committee includes Sameer, Ali Waheed, Ahmed Hamza, Ahmed Abdulla and Hamid Abdul Gafoor from the MDP; MPs Abdulla Yameen, Mohamed Mujthaz and Ibrahim Riza from the PPM; MP Rozaina Adam from the DRP; and Riyaz Rasheed from the DQP.

At yesterday’s meeting, the committee also decided to summon members of the JSC sub-committee formed to investigate a sex tape of Supreme Court Justice Ali Hameed for questioning over delays to concluding their investigation.

Following the resignation of JSC members Criminal Court Judge Abdulla Didi and President’s Member Latheef Gasim from the sub-committee, the remaining members – JSC members Ahmed Rasheed and lawyers Hussain Shiraj and Mohamed Anil – are to be summoned before the parliamentary committee at 8:30pm tonight.

Haveeru video MPs disrupting September 25 meeting of Parliament’s Independent Commission’s Oversight Committee

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Police arrest 12 after white underpants hung outside Rasdhoo Magistrate Court

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

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

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

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

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

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

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

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

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

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

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

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

Protesting with underpants

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

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

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

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

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

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

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

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Indian naval ships to arrive in Male for training

Indian Naval Ship, INS Sharda and Coast Guard Ship, ICGS Varuna, will arrive in Male’ harbour tomorrow for training purposes, according to a statement from the Indian High Commission in Male’.

“INS Sharda is the sixth of the Offshore Patrol Vessels (OPV) acquired by the Indian Navy and the third to be indigenously built. INS Sharda is a versatile platform capable of undertaking a wide variety of missions such as coastal and offshore patrolling, protection of off shore installation/ EEZ, Sea Lines of Communication (SLOC) Monitoring and providing Logistics Support to the littoral territories of India in the Arabian Sea,” read a statement from the High Commission.

“ICGS Varuna is a multi-role vessel capable of operating under all weather conditions. Equipped with state of the art Navigation and Communication aids, armed with 2A42 30mm Medak Gun and empowered by an integral flight of Chetak helicopter, she is capable of meeting all the challenges while enforcing maritime regulations in the Indian Exclusive Economic Zone (EEZ),” the statement continued.

During the visit, the ships will also be carrying spares and equipment for the Maldives National Defence Force (MNDF)’s Advanced Light Helicopter, Dhruv’, renamed “Kurangi”, which is stationed in Addu.

“The helicopter was gifted by the Indian Government to the MNDF in 2010 and is operated by an Indian Coast Guard contingent, denotes the robust military cooperation between the two nations,” the statement concluded.

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Retired South African judge to host public lecture on elections

The UNDP will host a public lecture – ‘Elections: Beauty or Beast?’ – by prominent retired South African Judge, Johann Kriegler, on Thursday September 26 at 4:00pm in the SHE Building (3rd floor) in Male’.

Judge Kriegler headed the South African Independent Electoral Commission and chaired the first permanent Elections Agency in South Africa for a number of years.

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Global concern as Maldivian court suspends presidential election

The international community has expressed alarm over the Maldives’ sudden suspension of the second round of presidential elections, initially scheduled for September 28.

The Supreme Court issued an interim order on Monday evening, signed by four of the seven-member bench, halting the election until the court rules on allegations of electoral impropriety filed by third-placed presidential candidate, Gasim Ibrahim.

Gasim is seeking annulment of the first round in which he received 24.07 percent of the vote, alleging that he received at least 20,000 more votes and declaring that “God Willing, Gasim will be President on November 11″.

The Elections Commission has dismissed the credibility of evidence submitted to the court, mostly speculation by anonymised witnesses, and noted that even if factual the claims were insufficient to impact the results of the first round. It has also pointed to unanimous positive assessments of the polling by international election observers.

The case is continuing today after the EC’s lawyer, former Attorney General Husnu Suood, was yesterday thrown out for ‘contempt of court’. Suood had argued that the injunction violated Article 111 of the constitution requiring a second round to be held a maximum of 21 days after the first.

India

India, whose observers monitored a third of the ballot boxes across the country, called upon all concerned in the Maldives “to address the current situation at the earliest so that the electoral process could be resumed in a manner that respects the will of the Maldivian people.”

“It is important that the second round of the Presidential elections is held as scheduled and the candidate elected by the people of Maldives assumes the Presidency on 11 November 2013 as mandated by the Constitution,” stated the spokesperson for India’s Ministry of External Affairs.

“India has consistently conveyed its support for the democratic process in Maldives. It was in this regard that India had called for free, fair and credible Presidential elections in meeting the aspirations of the people of Maldives. The first round of Presidential elections was held on 7 September 2013 in a transparent, organised and peaceful manner. This was acknowledged by domestic and international observers, including those from India,” the spokesperson stated.

“We have seen recent reports that the Supreme Court of Maldives has postponed the second round of Presidential elections scheduled to be held on 28 September 2013. This development has resulted in uncertainty concerning the second round, which may have an impact on peace, stability and security in the country,” the spokesperson noted.

Read the Indian statement

United Kingdom

UK Foreign Office Minister Alistair Burt said the country was “extremely concerned” at the Supreme Court’s decision to delay the second round of presidential elections.

“I recognise the right of the Maldivian courts to ensure legitimate allegations of electoral malpractice are investigated appropriately. However, it is vital to avoid any unnecessary disruptions to the national electoral process, and for representatives from all sides to be represented during any legal proceedings,” Burt stated.

“In light of the widely held judgment of both international and domestic observers that elections were free and fair, I hope that the second round of elections will go ahead without further delay. It is especially important that the second round of elections is held within the timescales specified in the Maldives constitution,” he added.

Read the UK’s statement

Canada

Canadian Minister of Foreign Affairs John Baird said Canada was “very concerned” over the delay in the run-off election, and indicated that it would push the Commonwealth’s human rights and democracy arm to put the matter on its agenda..

“International election observers, including from the Commonwealth, as well as domestic election observers, all viewed the September 7 election as free and fair. This delay is troublesome and can only lead to more instability,” said Baird.

“We call on the people of the Maldives to work together in a calm and democratic fashion and on judicial authorities to not unduly delay the expression by Maldivians of their democratic will. We believe that the Commonwealth Ministerial Action Group should discuss this issue at its Friday meeting in New York City,” he added.

Read the Canadian statement

United Nations

UN Secretary General Bai Ki-moon said he was concerned about the Supreme Court’s decision ordering the postponement of the second round, given that the first round was “widely recognised as a success by international and domestic election observers.”

“It is of the utmost importance that the will of the people be respected in deciding the future of the country. These are pivotal elections for reaffirming the democratic process in the Maldives,” read a statement from the UN Secretary General.

“The people of the Maldives have exhibited great patience and should have the opportunity, without undue delay, to exercise their vote. The Secretary-General urges all Maldivians to exercise restraint, renew their commitment to the Constitutions and work toward conducive conditions for peaceful, credible run-off polls to take place as soon as possible.”

Read the UN statement

European Union

The European Union has noted the temporary injunction issued by the court, but also recalled that the international community recognised the outcome of the first round as inclusive and credible, and considered that it reflected the will of the Maldivian people.”

“I call upon the responsible Maldivian authorities to ensure that the second round takes place without delay and in accordance with the constitution of the Maldives. I urge all Maldivians to work together to safeguard the integrity of the democratic process and ensure that the second round takes place in the same impartial and effective spirit as the first,” stated EU High Representative Catherine Ashton.

Read the EU’s statement

Australia

The Australian government said it had noted court’s postponement of the second round of presidential elections, despite the “positive findings of international observers, including the Commonwealth Observer Group, on the conduct of the recent first round”.

“These elections are an important step in entrenching democracy following the disputed transfer of power there in February 2012,” read a statement from the Australian High Commission in Colombo, Sri Lanka.

“Australia hopes to see an early resumption of the electoral process, with the second round of elections conducted in a manner that is free, fair and transparent, in accordance with the rule of law, and gives free expression to the will of the people of the Maldives,” the statement read.

“We call on all parties to maintain calm and order and to work together peacefully and cooperatively while this situation is considered by the Supreme Court. It is important that the results of the democratic process are respected.

“The international community will continue to watch developments in the Maldives very closely.”

Read the Australian statement

United States

US Ambassador Michele J Sison visited Male on September 24-25 where she “urged Maldivian officials and political party leaders to resolve the issue of elections promptly.”

“International and domestic observers, including US government officials, all characterised the first round of Maldivian presidential elections as free and fair. The high turnout reflects the Maldivian people’s desire to elect democratically their own representatives,” read the US statement (also in Dhivehi).

“Holding the second round of elections in a timely fashion – as mandated by the Maldivian constitution – is central to the democratic process and a peaceful transition of power that reflects the will of the Maldivian people,” the statement read.

At the same time, the US Embassy in Colombo issued an alert to US citizens travelling in the Maldives recommending that they “exercise caution, avoid large crowds and monitor media coverage of local events.”

Read the US statement

Commonwealth

Commonwealth Special Envoy to the Maldives Sir Donald McKinnon said it was “deeply worrying to hear comments calling for the annulment of [the] election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.”

He called for the Supreme Court to “deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.”

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

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

Read the Commonwealth statement

Maldivian government condemns “irresponsible statements”

President Mohamed Waheed Hassan, who received 5.13 percent in the first round of presidential elections, has lashed out at “irresponsible statements by foreign governments and international organisations” which he declared are “not be helpful in consolidating democracy in the country.”

“Our statutory institutions, including the judiciary, have shown that they are capable of making sound and impartial decisions on some of the most complex issues of national importance,” read a statement from Waheed on the President’s Office website.

The comments appeared at odds with a report from UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, who in May 2013 presented a detailed report documenting a judicial system in crisis to the UN General Assembly.

The Special Rapporteur wrote that she was “concerned that the Supreme Court is perceived as not following due process in many of its decisions. It is also troublesome that some of the Supreme Court’s interventions are perceived as arbitrary and as serving the judges’ own personal interests.”

President Waheed meanwhile called “on foreign governments, the UN, and the Commonwealth to show responsibility and to refrain from issuing statements commenting on, and speculating about, the on-going court case.”

“Local and international observers did a commendable job in observing the elections. Yet, they do not decide on the cases filed by one or more candidates in an election. It is never done anywhere in the world,” Waheed stated.

Read President Waheed’s statement

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

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

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

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

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

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

“Journey to Justice”

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

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

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

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

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

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

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

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

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

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

Suspension of lawyers

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

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

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

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

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

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

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

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Five MDP protestors arrested yesterday

Five individuals were arrested during yesterday’s Maldivian Democratic Party (MDP) protests against the Supreme Court, reports local media.

Police arrested four people from the demonstration held near the Supreme Court yesterday afternoon and one individual was arrested last night during the MDP’s protest against the court’s injunction to indefinitely delay the presidential election’s runoff.

A police media official would not disclose to CNM whether the five arrested individuals remain in police custody.

The Maldives Police Service (MPS) told CNM that “major changes” regarding the “disclosure of information” have been enacted – on the advice of the Prosecutor General’s Office.

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