Tag: minivan

Supreme Court ejects lawyer defending Elections Commission

Additional reporting by Leah Malone, JJ Robinson

Lawyers defending the Elections Commission (EC) and representing the Maldivian Democratic Party (MDP) were today ejected from the Supreme Court, for criticising its order to indefinitely delay the second round of presidential elections.

The EC’s lawyer, former Attorney General Husnu Suood, was reportedly accused of contempt of court and removed from court.

The MDP’s legal team, including lawyers Hisaan Hussein and Hassan Latheef, who had intervened in the case as a third party (inter-partes claim), were also dismissed from today’s hearing, which was ongoing at time of press.

The Supreme Court letter posted by MDP lawyer Hisaan Hussain stated that she had been barred from appearing before the court in the ongoing Jumhooree Party (JP) versus EC case as her remarks “in the media as well as social media” had allegedly “diminished the dignity” of the court and were under investigation.

The letter also accused Hisaan of claiming that the Supreme Court order should be disregarded.

MDP MP Ahmed Hamza announced at a press conference that the party had left the Supreme Court case as a third party, as it “no longer believed justice would be served by the court.”

Hamza noted that the suspended lawyers were not allowed any opportunity to defend themselves before they were barred from the apex court.

The EC has defended itself by challenging the veracity of evidence submitted by the JP alleging electoral impropriety, and stated that even were the allegations factual, they were not sufficient to impact the results of the first round.

The EC has also pointed to unanimous positive assessments of the polling by local and international observers, including the Commonwealth, EU, US, UN, India, Transparency Maldives, the Maldivian Democracy Network and the Human Rights Commission of the Maldives (HRCM).

The Supreme Court nonetheless issued the injunction last night (September 23) to delay the runoff election until it has finished looking into the JP’s alleged discrepancies.

“No recourse”

Prior to attending the case today, Suood told Minivan News that the EC had “no recourse” against the Supreme Court’s suspension of the run-off, despite there being “no legal basis” for the order that has the “constitution up in flames”.

Suood contends that the Supreme Court injunction is in breach of Article 111 of the constitution, which demands a run-off election within 21 days of a first round in which no candidate reaches over 50 percent.

While there were more “complicated” legal arguments for refuting the Supreme Court injunction, Article 111 provides the simplest example of the constitutional violation committed by the court, according to Suood.

Suood explained that there is no way to appeal the Supreme Court order or seek another judicial remedy: “There is no further recourse,” he stated.

While constitutionally the legislative or executive branches should intervene in the matter, Suood said he believed parliament must take action against the Supreme Court.

“Parliament needs to re-convene and decide [what actions to take],” said Suood. “However parliament cannot take decisions [right now] because of the [divisive] politics within it.”

Disorderly protests by MPs of the government-aligned Progressive Party of Maldives (PPM) and JP stymied, but failed to stop, an MDP resolution to ensure that the second round of the presidential election is held as scheduled.

Suood however explained that it would be “very, very difficult” to remove the judges sitting on the Supreme Court bench, not only because of political polarisation creating unrest within Parliament, but also due to the politicised composition of the Judicial Service Commission (JSC).

“The JSC would need to issue a motion [to remove a judge or judges], which would then need the approval of Parliament, but the JSC Chair is also Supreme Court judge,” noted Suood.

The JSC recently decided to reject a proposed no-confidence motion against its Chair, Supreme Court Justice Adam Mohamed, filed by commission member Shuaib Abdul Rahman.

“The JSC is out of control right now, we must do something. The JSC president is ‘out of the circle’,” Parliament’s Independent Institutions Committee Member and MDP MP Ahmed Sameer previously told Minivan News.

The Supreme Court bench consists of seven judges, all of whom discussed the ruling against the EC, however the injunction was signed by four: Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

Meanwhile, during the MDP’s National Council meeting last night (September 23) the party’s presidential candidate and former President Mohamed Nasheed reassured supporters “not to worry”.

“The Maldives is changing, and it will change according to how we want it to. I call on the Election Commissioner to ignore the Supreme Court, and to obey Majlis resolution and hold elections on Saturday,” said Nasheed.

Following the Supreme Court’s decision to accept the Jumhooree Party’s case against the Elections Commission last week, the MDP released a statement indicating its resolve to “not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution”.

Meanwhile, the MDP demonstrated at the Supreme Court today behind police cordons further down the street, after the party’s pledge to continue direct action until the presidential run-off is re-scheduled.

Women on the front line held aloft cartoons mocking Supreme Court Justice Ali Hameed – one of four judges whose name appeared on yesterday’s ruling – for his infamous role in a sex tape scandal earlier this year.

Others brandished pictures depicting the large pair of white underpants – a reference to the same video – that have quickly become emblematic of the demonstrations.


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MDP to re-establish permanent protest site after “cynical attempt to delay election”

The MDP will set-up a permanent protest area in the Raalhugandu area of the capital Male’, following the Supreme Court’s decision to indefinitely postpone the second round of the country’s presidential elections.

“In compete defiance of the Constitution, this act by a discredited court is a betrayal of democracy and the will of the Maldivian people,” said party spokesman Hamid Abdul Ghafoor in a press release today.

“All local and international observers, including those from Transparency Maldives, the United Nations, the Commonwealth, and India praised the first round of elections as free and fair and without incident.

“This ruling is a cynical attempt by President Nasheed’s political opponents to delay an election they feared they were likely to lose.”

“The MDP reiterates the statement made by the UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, that ‘justice must not merely be done but must also be seen to be done and judges must not only be actually impartial they have to appear impartial to the public’.”

“We urgently appeal to our friends in the international community to use their good offices to ensure that elections can swiftly proceed in the Maldives,” the statement concluded.

Following the court’s decision on Monday evening, the party’s National Council resolved to protest continuously and peacefully until a date is given for the second round. The immediate scattered protests quickly tailed off as police were deployed to counter them.

“Maldivian norms are now changing. Tonight’s actions will be written in history as actions taken for that change,” Nasheed told the National Council.

MDP candidate Nasheed led the polls in the first round, with 45.45 percent of the vote, ostensibly setting up a second round run-off Progressive Party of Maldives (PPM) candidate Abdulla Yameen.

However, as yet unsubstantiated complaints from the third-placed Jumhooree Party (JP) – alleging voter fraud, have led the court to order a delay of the run-off until had has finished hearing the JP’s case.

Meanwhile, the MDP is currently protesting outside of the courtroom as the case continues today. The party intends to move into Raalhugandu – also known as the surf point – at 5:00pm today.

Back to ‘Justice Square’

“The people of the Maldives need a place to go and express their concern in a peaceful manner” said Aminath Shauna, the MDP’s Youth Wing leader.

“As President [Mohamed] Nasheed said yesterday, the job of the political parties is to facilitate peaceful political activity. We are making sure people have a place to express this in a peaceful manner.”

The MDP’s return to the area – previously dubbed ‘Justice Sqaure’ – will come 18 months after they were evicted from the site by security forces last year.

The party’s eviction immediately followed violent clashes with police as newly appointed President Dr Mohamed Waheed Hassan attempted to reopen the Majlis following the controversial resignation of former President Nasheed the previous month.

During the ensuing legal battle – during which the MDP claimed it had the right to protest in the area – state attorneys argued that the site had been used to conduct illegal activities, and that its occupants had been violent towards police.

Following the removal from Raalhugandu, the party leased the nearby Usfasgandu area of land from Male’ City Council, before Nasheed called upon the party to relocate to its numerous ‘jagahas’ (campaign centres) in preparation for the election.

Shauna today maintained that the party intended to continue pursuing non-violent forms of direct action.

“I don’t think people in the government will interfere with the MDP because the majority of the people have spoken.”

International reaction

The Supreme Court’s sudden decision to halt the election has jarred with the expectations of international parties, which unanimously labelled the first round of polls as fair and competitive and called for run-off to take place as scheduled on September 28.

“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,” said Commonwealth Special Envoy Sir Donald McKinnon, in a statement today.

“It is therefore deeply worrying to hear comments calling for the annulment of that 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.

“I therefore hope very much that the Supreme Court will 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.

“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,” McKinnon said.

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Juvenile Court sentences 17 year-old boy to four months in prison for kissing girl

Additional reporting by JJ Robinson

The Juvenile Court has sentenced a 17 year-old boy to four months in prison after he kissed a 16 year-old girl in a court waiting room.

The girl was sentenced to four months house arrest.

The sentences were given after the boy was brought to court for a remand hearing in an ongoing drugs case, and kissed the girl who was in the waiting room. The pair were convicted for indecent behaviour and contempt of court for kissing on court premises.

“The boy was taken out of where those in custody are kept to the general waiting area, and walked right up to a girl standing there and kissed her in public. We found the girl to be 16 years of age,” a Juvenile Court official told Minivan News on condition of anonymity.

The official said although the girl involved in the matter had been sentenced to four months under house arrest, the court had ruled to delay implementation of the sentence for three years as this was her first offence. If the girl did not commit repeat offences of a similar nature in the next three years, the sentence against her would be annulled, the official said.

The four months would be added to the boy’ s drug sentence, the official added.

Harsh sentencing

Belying the country’s reputation as a luxury honeymoon destination, Maldivian courts issue harsh sentences for sexual offences.

In February 2013 a 15-year-old rape victim was sentenced to 100 lashes and eight months of house arrest, for a separate offence of fornication.

The girl had given birth to a baby in June 2012, which was discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder.

Following global outrage and a two-million strong petition threatening a tourism boycott by online activist group Avaaz.org, the girl’s sentence was overturned in the High Court on appeal.

Meanwhile in July 2013 the Judicial Services Commission (JSC) – the judiciary’s watchdog body – rejected the recommendation of its own subcommittee calling for the suspension of Supreme Court Judge Ali Hameed.

Multiple leaked videos circulating on social media showed the judge fornicating with unidentified foreign women in a Colombo hotel room.

The JSC declined to suspend the judge, citing “lack of evidence”.

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‘Al Andalus’ speech did not violate broadcasting code of ethics: Broadcasting Commission

The Broadcasting Commission has ruled that the Maldives Broadcasting Corporation (MBC)’s televising of a sermon by Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim did not violate any regulations.

The MBC’s chairman Ibrahim Umar Manik along with members of the Broadcasting Commission were summoned before Parliament’s Independent Institutions Committee, following complaints by MPs of the Maldivian Democratic Party (MDP) that the sermon infringed the rights of the party’s presidential candidate.

“We definitely do not consider [televising the sermon] as anti-campaigning against a particular candidate using religion. [But] around 11:35pm, because his talk was changing a little, we stopped the live [broadcasting],” Manik told the committee.

In a brief statement the Broadcasting Commission declared today that the state broadcaster had not violated the broadcasting code of ethics by airing the sermon.

In the sermon, titled ‘Al Andalus’, Sheikh Shameem drew comparisons between the Maldives and factors he claimed led to the collapse of the medieval Islamic state that occupied much of Spain, Portugal, Andorra and southern France.

“In the struggle among political parties to come to power, we are seeing dangerous parallels with the real reasons why Andalus fell: seeking help from non-Muslim leaders, bringing in their power and companies to our country. It is not prohibited to have non-Muslim labourers, but if we let any non-Muslim entities exert their power, even in business, over Muslims in our land, that is the end of us,” Shameem said.

“Some people tell us that despite supporting a certain politician, their faith cannot be changed, although they say they know [the politician] does not believe in Allah. I am very happy that there are people with such strong faith among us. It is indeed an extraordinary man who can hold onto his faith while being with a kafir, an infidel who commits sinful acts and uses intoxicating substances.

“However, he used to say there will be no way any other religion can be practised here, but his tune has changed. Today he says that despite churches being built, his faith will personally not change. That people of other religions should also be able to live here freely and be granted rights as Islam is a peaceful, just and caring religion. This is very true, but what he wants is a horrible result. He wants to challenge Allah about the justice in our religion.

“This country will have a dark future if we allow the police and army to be exposed to the training sessions given by non-Muslims, outright kafirs, in the guise of professional development. The kafirs will then have an opportunity to make the police and army hate Islam,” he preached.

Read the translation of the sermon

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Scattered protests erupt in capital after MDP declares continuous protests against election postponement

Additional reporting by Zaheena Rasheed and Mariyath Mohamed

The Maldivian Democratic Party (MDP) has declared it will hold continuous protests after the Supreme Court’s sudden decision on Monday (September 23) evening to indefinitely postpone the second round of the presidential election.

The Supreme Court’s controversial injunction came just hours after parliament passed a resolution calling on all state institutions to ensure that the second round of the presidential election be held as scheduled.

Scattered protests involving hundreds of people erupted across the capital city of Male’ after the MDP’s National Council unanimously supported a motion calling for demonstrations until the Supreme Court allowed the elections to proceed.

During the meeting, MDP presidential candidate Mohamed Nasheed, who obtained 45.45 percent of the votes in the first round of polling on September 7, urged the Elections Commission (EC) to disregard the Supreme Court’s ruling in favour of parliament’s resolution and continue with election preparations.

“The Chief Justice has to find a solution. I call on the Chief Justice to uphold his duties,” Nasheed said, asking police to support the EC and the military “to keep us safe”.

Speaker of Parliament Abdulla Shahid confirmed to Minivan News that he was pepper sprayed by police while several MDP MPs, including Ali Azim and Mohamed ‘Bonda’ Rasheed, were reportedly taken away by police. Rasheed was reportedly released while Azim was taken into police custody.

Police Spokesperson Chief Inspector Hassan Haneef could not confirm the number of arrests, whether pepper spray was used, or provide further details at time of press.

Maldives National Defence Force (MNDF) spokesperson Colonel Abdul Raheem confirmed to Minivan News that military personnel had been deployed around the military’s headquarters following the Supreme Court’s election injunction, in line with “standard procedure”.

Demonstrators initially tried to enter Republic Square before being pushed back by a dozen police and being barricaded near Fareedhee Magu. Minivan News observed a small number of police equipped with riot gear on standby nearby.

A group protesters were observed hanging a large pair of white underpants on a police barricade, a reference to recently-leaked videos of Supreme Court judge Ali Hameed apparently fornicating with unidentified foreign women in a Colombo hotel room.

“This is not acceptable. The people’s voice cannot be blatantly rejected by four disgraced judges,” said 33 year-old Ahmed Thahseen, a demonstrator near Fareedhee Magu.

“I’m not going home until the Supreme Court gives a ruling and lets people have the due election,” 23 year-old protester Aishath Shaffa told Minivan News.

“Let’s see how that disgrace of a politican Gasim runs his businesses when the electorate goes on strike. The people are what matters. We are everything and the Supreme Court Needs to realise that,” said 52 year-old protester Fathimath Shareefa.

“The Supreme Court order is an absolutely unacceptable act. After all the work we have done, the protests, the campaigns, we won’t watch it all go to waste,” said Ahmed ‘Gahaa’ Saeed, the MDP’s member on the Commission of National Inquiry (CONI), who joined the protesters.

“If you look at all the statements given at CONI which have since been leaked, you will see the injustice that people have faced. We are being pushed back to square one all over again and the people refuse to sit back and take it,” he added. “We are here filled with hope. There is another force and I believe truth will prevail.”

The controversial injunction

Jumhooree Party (JP) presidential candidate and resort tycoon, Gasim Ibrahim, initially filed a case in the Supreme Court seeking annulment of the election results after he narrowly missed a place in the run-off with 24.07 percent of the vote, declaring at a rally that “God Willing, Gasim will be President on November 11″.

The case was intervened by the Progressive Party of the Maldives (PPM) and Attorney General Azima Shukoor, both of which sided against the Elections Commission.

The EC has defended itself arguing that not only had the JP had failed to substantiate or give the specifics of any evidence of fraudulent voting submitted against it, but even if this evidence were to be proven beyond reasonable doubt it was still insufficient to affect the outcome of the first round of election results.

The commission also pointed to unanimous positive assessments of the first round polls by local and international election observers, including the Commonwealth, US, UN, and Transparency Maldives.

In response President Mohamed Waheed’s government called on international groups to “help, not hinder the state institutions in exercising their constitutional duties”, while JP running mate and lawyer Dr Hassan Saeed declared in court that election observers “do not carry much weight”.

Monday evening’s sudden injunction stated that it had been discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” read the Supreme Court order.

Lawyer for the Elections Commission, former Attorney General Husnu al Suood, tweeted that the interim order by the Supreme Court “has no legal basis, and violates the constitution.”

MDP lawyer Hissan Hussein also said the Supreme Court’s order was unconstitutional, stating that the article 144 (b) it had invoked concerned the Supreme Court’s capacity to delay lower court verdicts, not elections.

Meanwhile, article 111(a) of the constitution stipulates “that a President shall be elected by over fifty percent of the votes. If no candidate obtains such majority, a run-off election must be held within twenty one days after the first election.”

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HRCM condemns post-election political unrest

Human Rights Commission of the Maldives (HRCM) has released a press statement condemning the current cases of political unrest occurring in the Maldives following the first round of the presidential elections held on September 7.

“HRCM condemns the use of inhumane rhetoric which is against national interest and provokes unrest in the community, calls to cause harm to people, the damaging of peoples’ property and campaign offices of political parties,” the statement read.

“The commission also strongly condemns the acts of physical violence, the use of inappropriate language, the damaging of state property, and other acts by members of parliament which demeans the respect and dignity of the parliament in the parliamentary session held on September 23.”

“While freedom of expression and freedom of assembly are important rights guaranteed by the Constitution of the Maldives, this commission advises all persons to exercise these rights within the limits outlined in the constitution and laws. This commission also calls out on everyone to refrain from any actions which may give rise to discord or unrest,” the statement concluded.

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EC providing 473 ballot boxes for 239,868 eligible voters during presidential election runoff

The Elections Commission (EC) has announced 275 new eligible voters will be added to the registry and 4 additional ballot boxes will be needed for the presidential election’s second round runoff scheduled for Saturday (September 28), reports local media.

The addition of newly turned 18 year-old voters and the subtraction of individuals who the EC has confirmed recently died has brought the total number of registered voters nationwide to 239,868.

Additionally, three ballot boxes will be placed on resort islands in the Maldives, while a ballot box will also be stationed in Medina, near Riyadh in Saudi Arabia for Maldivian Hajj pilgrims, EC Secretary General Asim Abdul Sattar told local media. However, a ballot box will not be available on Lily Beach Resort, as it was during the first round of polling.

Thus, ballot boxes stationed in the Maldives and in various locations worldwide will total 473.

During the presidential election’s first round, held on September 7, 470 ballot boxes were needed to accommodate 239,593 eligible voters. Ultimately voter turnout totalled 88.44 percent, with 211,890 people having cast ballots.

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Attempted arson at MDP campaign meeting hall in Male’

Two petrol bombs were thrown toward the Maldivian Democratic Party (MDP)’s ‘Janbu Jagaha’ meeting hall in Male’ Saturday night (September 21), reports local media.

Two people on a motorcycle threw the bombs at the meeting hall around 11pm, but the flaming projectiles landed on the pavement, an eyewitness told CNM.

However an alternative local media report stated that articles of clothing were set on fire and hurled at the MDP meeting hall.

“Over the weekend some people apparently tried to torch the Male’ campaign coordination centre on Majeedhee Magu [Male’s main thoroughfare],” MDP MP & Spokesperson Hamid Abdul Ghafoor told Minivan News today.

The Maldives Police Service (MPS) told local media they are investigating the attempt to set the meeting hall on fire.

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Q&A: Elections Commission Chairperson Fuwad Thowfeek

The Maldives’ Elections Commission (EC) is preparing for the presidential election’s second round run-off amidst the Jumhooree coalition’s refusal to accept its first round defeat, triggering a barrage of judicial, political, media and civil society actions against the commission.

The Jumhooree Party (JP) – in conjunction with the Attorney General (AG) and the Progressive Party of the Maldives (PPM) – has led a Supreme Court case to annul the election, whilst the party’s High Court case against the commission was conducted in tandem. In response to the JP’s vote fraud claims the police barricaded the EC secretariat and searched its garbage, while multiple protests and threats have targeted  the commission and its members and local media has broadcast unsubstantiated information about the commission and electoral process.

The EC has emphatically dismissed allegations of vote rigging as “baseless and unfounded”, highlighting its transparency and extensive preparations – conducted with international support – to ensure a free and fair polling process. International election observers have unanimously commended the first round of polling, calling for losing parties to accept defeat and allow the second round to proceed as scheduled.

With the September 28 run-off less than a week away, Minivan News discusses some of the challenges faced by the commission with Fuwad Thowfeek, Chairperson of the country’s first independent Elections Commission (EC).

Supreme Court case

Leah R Malone: Considering the politicised nature of the Supreme Court – as highlighted by the UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul – is there a risk the Supreme Court’s order to hand over the EC’s only original copy of the voter list could lead to it being tampered with? Specifically, given the lack of material evidence or witnesses presented against the EC thus far, is there a potential opportunity for names to be added to the original voter list to substantiate the JP’s claims?

Fuwad Thowfeek: Thursday (September 19) the Supreme Court ordered the Elections Commission provide the original voter list, so we’ve been making color copies. EC members sat down and discussed [the situation], the constitution and presidential election laws, as well as met with our legal team. Since it’s a Supreme Court case they can order anything be given, so it’s best to follow that order [and provide the list].

However our legal team advised us to take very accurate color copies of each page before sending the originals. We are keeping the duplicates and in case any changes are made [to the originals] we will very easily be able to recognise them. It is the best solution we have at the moment.

As of about 3:45pm or 4:00pm Friday (September 20) we sent 120 lists to the Supreme Court. 200 will be sent Saturday and the day after the remaining lists. We are sending the original documents as the copies are being made.

LRM: If the Supreme Court rules to annul the presidential election’s first round, what will the Elections Commission do?

FT: That’s a big question because according to the constitution and even elections law there is nothing said [about whether the Supreme Court can take that action]. We have to ask the Supreme Court to give a timetable or something [for the presidential election]. Other than that there’s nothing we can do.

We won’t be able to fulfill the time requirement set forth in the constitution [if the run-off isn’t held on schedule]. 120 days before the end of the current president’s term a presidential election must be held. If there is no election then the [democratic] constitution, presidential and general election law will not be satisfied.

The strangest, funniest thing is that they are still not able to identify a single person who has voted fraudulently. For example, they have not been able to show anyone who is younger than 18 has voted, but they have been claiming many underage people fraudulently voted. If there are many [that voted fraudulently] they should be able to verify and show at least one person. They are also claiming that dead people voted, and when they submitted the list of seven names to the High Court, the court gave us the list to check. So we reviewed the voter registry and voter list, found phone numbers on record for four people and when we spoke with them, the individuals verified they were indeed alive and had voted. We are sure we will be able to find the remaining three people.

The other thing is if a dead person voted, someone should be able to show that this is the person who voted under the deceased’s name. Also, the JP is claiming 50,000 fraudulent votes have been added. The strangest thing is none of these ballots have been identified. No ballot boxes were found to have more votes cast than voters registered. Only one ballot box – located on a resort island – was found to have exactly 100 percent voter turnout. The average voter turnout was 88.44 percent nationwide.

LRM: Has Attorney General Azima Shukoor been in contact with the Elections Commission?

FT: That was another surprise to us actually. She has not been in contact with us and then suddenly appeared in the Supreme Court case. The funniest thing is the AG is supposed to support government institutions, but in this case the AG is speaking against the EC. She is supporting JP without evidence or witnesses, just saying there were errors in the voters list, but is not able to cite what those specific errors are because she has not seen [or requested to see] the list.

When I heard the AG was going to participate in the Supreme Court case, I thought it would be on behalf of the EC and she would tell the court [the vote rigging allegations are] simply not possible and the court cannot give any room to cancel the first round and re-hold it. [However,] when the AG came out and spoke against the EC – just like any political party supporter of JP – we released a press statement stating that the commission regrets this action by the AG. Both the AG and the JP have not provided any evidence or witnesses to support their allegations.

The government has spent over MVR 30 million (US $1,949,310) on the first round, there is no budget remaining [to hold both rounds again]. If it’s difficult for the government to provide the additional budget for the second round, there will be so many difficulties if the [results are annulled and] voting rounds are held again.

[Prior to the Supreme Court case] we hadn’t had much contact with the office of the AG or the AG. Last year after the change of government, in March or April, the EC met with the AG and spoke about changes that were required in the election laws, but nothing has materialised so far. She told us at the time that there were so many laws requiring revision.

Before the end of the last Supreme Court session, the Chief Justice ordered the EC to submit the original copy of the voters’ list. They are probably going to check the list to see whether people below the age of 18 voted. If they want to check for that, it’s fine. We are 100 percent sure they will not find anyone below 18 who voted.

Accessing the voter list

LRM: Following the High Court order for the EC to allow JP access to the voter list – under the guidelines determined by the commission – what were the exact protocol guidelines the EC enacted during the JP representative’s visit? What other political party representatives were present?

FT: Tuesday (September 17) the High Court ordered the EC to show the voter list to political parties. We have only one original [copy of the voters list] and had to make arrangements to follow the High Court’s order to show JP [the list], so we made the arrangements for Thursday (September 19).

This was because the EC needed time to prepare, seek advice from our legal team, and to hold a discussion meeting with our members. At the same time, arrangements for other candidates to see the voter list were also made. We invited all four political parties to send representatives to see the original voter list.

The viewing started at 10:00am. A team from JP came and GIP, but no PPM – even in court they said they did not want to see the voter list. An MDP representative came, but he said he did not want to see it.

We asked the other two – representatives from JP and GIP – what they wanted to see. Then again they wanted more people [from their parties] to come and for the EC to make copies [of the list for them]. But we couldn’t make that arrangement because we have to be very careful with our only copy [of the list], so our own official would show it to one representative at a time. There were arguments from the political party representatives [about these guidelines].

[However,] the lawyer, Dr Hassan Saeed [JP presidential candidate Gasim Ibrahim’s running mate and head of JP’s legal team] said that now he does not need to look at the voter list anymore because he would prefer for the EC to hand it over to the Supreme Court.

(JP’s Legal Advisor Mohamed Haleem told Minivan News last week that the party would seek an additional High Court order for unrestricted access to the voter list).

LRM: With the ‘leaked’ police intelligence report – which the AG is citing in the Supreme Court – alleging there were “some opportunities for fraud” and “illegal voting”, the AG arguing for the Supreme Court to order the police to investigate the EC, and the police barricading and searching the EC’s garbage, do you think the police are politicised and acting against the EC?

FT: I don’t think anything will happen. I heard the AG demanded the PG issue an order to the police to investigate some of these allegations, but so far the commission has not been contacted by the police or the PG. But we don’t know anything about this. The AG should have met and spoke with the EC before making such a decision and then advising another institution [to take action].

LRM: What has been the outcome of the Maldives Broadcasting Commission (MBC)’s investigation into Villa TV (VTV) broadcasting programmes to incite hatred and create an uprising against the EC? Have any substantive actions been taken by MBC against VTV?

FT: We don’t know about the [outcome of the] MBC investigation. They said they will be taking actions against those broadcasting untruthful content. We know that VTV has stopped broadcasting the ‘Olhuvaalee Vote Ge Namugai’ (‘fraud in the name of the vote’) programme. But for a very long time they have been showing ‘Fasmanzaru’ (‘five horizons’), where various JP political party members or supporters just talk against the EC or against the election’s first round. Although what they have to say has no substance.

Saturday or Sunday we have to send a complaint letter to MBC. Again I have called MBC’s President Mohamed Shahyb and by phone have spoken to him about ‘Fasmanzaru’ [and the unsubstantiated claims its spreading].

LRM: How will the EC provide more timely information to media during the second round run-off to avoid the confusion created by inaccurate local media reports of polling station figures during the first round?

FT: We have not yet decided. I think we need more frequent refreshing of figures and will try to have more frequent reports from the EC on the 28th. If everything does not go well it may be difficult… we may not be able to go to the Dharubaaruge [convention centre in Male’]. We will try to have better updates through the internet, but will be focusing on communicating directly with the media.

Threats and protests

LRM: The ‘National Movement’ has announced they will raise their voices in protest if the Supreme Court doesn’t rule against the EC. They are calling for the EC to be reformed – with yourself, the Vice Chair Ahmed Fayaz, and commission member Ali Mohamed Manik resigning. Have previous JP protests and planned National Movement protests caused any problems for the EC? Why are they targeting the three of you?

FT: Even JP supporters – except the 20 or 30 people shouting on the streets – have accepted the first round results and are not causing any problems.

Thursday night around 10:30pm 20 or 30 protesters came near the EC Secretariat, shouted for 30 minutes and left. They were demanding my resignation and saying ‘thief of votes’ and that type of thing, they wanted the [first round] results cancelled and a fresh election to be held. Sometimes they ask for myself and the Vice Chair to resign, sometimes different EC members, and sometimes the entire commission.

These are a few unsatisfied people paid by somebody – who has the money – but they know they’re not shouting for any solid thing. They get on a loudspeaker [and protest] after somebody asks or pays them – they are doing it for that reason alone, not based on anything reasonable. If it was a public thing then I’d be more concerned. But this is just a few people and most are not educated. They don’t know what’s going on [with the election] or how the voting process works.

There are five members of the EC and all decisions are made by the five members. [However,] the Vice Chair Fayaz, member Manik, and I are the three members interacting the most with the public, on TV etc  – that’s why they are going against us.

LRM: What kind of threats have been made against EC members and/or staff?

FT: Some of us are getting threats from unknown people. I have received SMS messages saying ‘be careful when you come out on the street, you’ll be stabbed in the stomach’. We [commission members] have security provided by the police and we move around with them.

My wife has been scared. Two times people went near our home shouting [and protesting], but the police protected our home and stopped the people from coming too near.

LRM: Do you think the MPS can provide adequate security for EC members?

FT: Yes, the MPS is fully capable. I’m sure nobody can harm me. They have to look at a distance but can’t touch me. Of that I’m fully confident, I’m not scared. I’m confidant know what I’m doing is right and I have the support of the people and the whole international community – observers and monitors. They’ve seen the electoral process [during the first round], which they have commended, praised, and complemented. I’m very happy and am moving ahead with my duties. My work cannot be stopped by a few people. I have full confidence in myself and am moving ahead.

LRM: The JP, some of their supporters, and the National Movement have claimed the EC, its members and staff are biased toward MDP – will you clarify for the public whether there is any truth in this accusation?

FT: There’s no truth to that, it’s some kind of story that some of the opponents wanted to spread. This commission, all its members and staff, do not belong to any political party or align with any political party.

We have staff who are married to people from different political parties – PPM, MDP, DRP, etc – and police officers. Staff members’ spouses may belong to a political party, but that is their own interest and has nothing to do with the duties of our staff. I have full confidence in our staff, they are very faithful to their duties and this commission and would not do anything unjust. I’m confident in my staff and that none are aligned with the MDP.

If they [a particular politician or political party] don’t get the result they want from a particular institution, they tend to claim that institution is opposition-aligned. The MDP got the best result [Nasheed secured 45.45 percent of the vote], so this time the EC is accused of being MDP aligned. If Yameen won then the EC would be accused of being PPM aligned.

In another instance, right after the change of government [in February 2012] some said the Human Rights Commission of the Maldives (HRCM) was PPM aligned, because most of the decisions made were more likely to the advantage of PPM. That’s just the kind of talk that happens.

Run-off preparations

LRM: What kind of support are local and international partners providing the EC for the second round? Is anything additional needed prior to the run-off scheduled for the 28th?

FT: We are getting a lot of support from international and local partners. The Commonwealth has expressed their satisfaction with the EC’s professionalism and their continued support for the commission. They will be sending another observer team for the run-off. The EU sent different observer teams – from various countries – on the 7th and will most likely send more for the 28th. Observers from Japan, Thailand, India, UK, US, and a Pakistani Elections Commissioner were present during the first round and expressed their interest in observing the second round. They will most likely send more teams for the run-off. I think they will come before the 28th to see the place, visit other islands, and see how ready we are for the second round.

Transparency Maldives sent the observers nationwide and their report praised the electoral process. The HRCM also observed the first round and praised us on our work and confirmed everything during the election went well. The Maldivian Democracy Network also expressed their support and commended the work the EC has done.

LRM: How have EC members, staff, and their families been impacted by the controversy the commission has faced since the first round? How has this impacted run-off election preparations?

FT: Right now there is very heavy work we have left to do before the 28th. We are so busy we are working 24 hours a day and the EC staff works in shifts, half are sent home to sleep when the other half report in.

For example, in addition to the 470 ballot boxes necessary for the first round, the second round will require an additional box be placed in Riyadh, Saudi Arabia, and two more on tourist resorts that have applied to keep ballot boxes this round.

Everyone of us has to spend so much time in the office. We go early in the morning and stay until late at night, even on weekends, while our families are alone at home. Our families suffer, but they fully support us so we can fulfill our national duty.

It’s a very difficult job but I’m lucky to have the confidence of the people and [political party] leaders – even Gasim’s close people, President Waheed and President Nasheed know me well, and the honorable Yameen and Gayoom know and trust me. Even those who speak against me only speak for political gain or just to control their supporters.

I know what I’m doing is right and everything will be fine for elections to take place the 28th. We are fully ready for the second round. If we are able to hold on until the 28th then we will know the next president of the country.

LRM: Given the barrage of judicial, political, media and civil society actions against the EC, is the electoral environment still conducive to holding a free and fair presidential election on September 28?

FT: I think on the 28th of September the second round will go ahead as we have planned and have been working toward. There has been very little or no change [in the electoral environment] that would require we make any changes to our own program. Compared to last week, this week things have very much improved. I’m very confident things will calm down.

I’ve spoken to different people [representing political parties] and the most interesting thing is even those against us in the Supreme Court, they know there was nothing wrong with the election. Gasim’s employees, senior political party members, are trying to just give him a perspective that they did so much to cover up their failure to get Gasim the required number of votes [to proceed to the run-off]. They know the cases submitted in the High Court and Supreme Court are not going to give them any recount. Nothing will come out in their favour. They just want to go as far as they can go.

A lot of energy has been wasted by everyone – their people, our people, the Supreme Court.

I’m very hopeful the country will be ready for the run-off. We cannot keep this second round [from happening on schedule]. Particularly for the benefit of the country, to maintain the peace and harmony of our home [nation], we have to hold the second round.

If we fail, we will likely face more and more problems as the time passes. It will be in the interest of the government, all political parties, and all thoughtful citizens of the country to hold the run-off. Anybody trying to obstruct the election is unpatriotic.

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