Tag: MNDF

MNDF officers in ‘constitution appeal’ face disciplinary action

Four Maldives National Defense Forces (MNDF) officers – all signatories of an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by the president following the expiry of the presidential term on November 10 – are facing disciplinary action.

Staff Sergeant Hassan Hameed of the Marine Corps is being held in the MNDF training facility at Girifushi Island, while Sergeant Ismail Sobeeh is being held in the military barracks at Bandaara Koshi, sources within the military have said.

Corporal Mohamed Rasheed and Lance Corporal Ahmed Anwar Ali have been barred from entering any military facilities.

The appeal signed by 73 mid-ranking officers – titled “An appeal to soldiers to maintain their oath to be professional and apolitical” – cites Article 107 of the constitution which limits a presidential term to five years and notes there will be no president and commander in chief at midnight on November 10.

“With reference to the aforementioned constitutional articles, we believe any order they make in the name of any institution on the army and police is unlawful. We call your attention to Article 245 of the Constitution which states that we do not have to obey such orders,” the appeal states.

MNDF spokesperson Colonel Abdul Raheem confirmed Hameed is being investigated on a disciplinary matter, but declined to comment on where he is being held.

The MNDF was not responding to calls when Minivan News called to check on the status of the three other soldiers.

An hour before the expiry of his presidential term, President Dr Mohamed Waheed declared he would stay on until the end of run off polls on November 16.

On the same night, police questioned suspended Brigadier General Ahmed Nilam who was removed from service in January this year.

The MNDF in October brought amendments to its regulations imposing punishments on officers found guilty of inciting upheaval and chaos.

The Military Act amendments came after senior officers sent a letter of concern over delays in presidential polls to Chief of Defense Forces Major General Ahmed Shiyam. The letter warned of political turmoil within the military should presidential elections be delayed and a new president not be determined by the end of the term.

Following the circulation of the letter on social media, First Lieutenant Abdulla Shareef, Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid were handed ‘indefinite suspensions’ for allegedly inciting disruptions in the military ranks.

Minivan News understands the three soldiers are still on suspension without pay and without permission to work elsewhere.

On the same day, Brigadier General Abdulla Shamaal was also removed from his position as the Commandant of Training and Doctrine.

The ‘anti upheaval and chaos’ amendment that has now become the 22nd chapter of the Military Regulation defines ‘upheaval and chaos” as

  • Making demands through petitions drawn among two or more officers
  • Displaying content that could sow discord and disorder amongst military flanks through speech, writing, graphical depictions, photographs or any other means
  • Speech or conduct that amounts to doubts and questions being raised about the legality of an order given to the officers or a group of officers and
  • Incitement of hatred and false allegations towards the upper ranks of the military.

Former Male Area Commander of MNDF Retired Brigadier General Ibrahim Mohamed Didi – publicly regarded as a hero for his exploits during the 1988 Tamil coup attempt – in a letter published on social media also advised military officers to uphold the law and constitution regardless of who attempted to undermine it.

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

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Police deny arresting MNDF Brigadier General Ahmed Nilam: “Just questions”

Police last night summoned Maldives National Defence Force (MNDF) Brigadier General Ahmed Nilam for questioning, shortly before President Waheed announced his decision to remain in power until November 16.

A poilce spokesperson told Minivan News that Nilam was not arrested and was only brought in for questioning over an ongoing investigation.

He denied reports on social media that Nilam had been taken to Dhoonidhoo police custodial.

He also said that police would not like to disclose further information about the investigation and declined to say what it investigation was about.

According to police, Nilam was released after a few questions.

Brigadier General Nilam was suspended from military services in January this year and the MNDF has not told the media why he was suspended.

Local media reports have suggested the sudden decision to detain him last night was related to his comments to a parliamentary committee regarding the controversial transfer of power in February 2012.

In his testimony to the Government Oversight Committee on January 9, 2012, Brigadier General Nilam said he was asked by Defence Minister Nazim if he believed that the transfer of power amounted to a coup or a revolution.

Nilam said he replied that, “looking at it academically, this has all the characteristics of a coup.”

“I have even looked into this and studied this along principles that academicians would consider. So I told [Nazim] that this has all the characteristics. He didn’t say anything else,” Nilam said.

Nilam was among the few MNDF high ranking officers that did not join the then-opposition parties during the events of February 7, 2012.

MNDF officers have circulated an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

The five-page document, signed by 73 officers including many mid-ranking officers, is titled “An appeal to soldiers to maintain their oath to be professional and apolitical.”

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MNDF officers sign appeal not to obey government’s orders following expiry of presidential term

Additional Reporting by Zaheena Rasheed

Maldives National Defence Force (MNDF) officers have circulated an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

The five-page document, signed by 73 officers including many mid-ranking officers, is titled “An appeal to soldiers to maintain their oath to be professional and apolitical.”

Given that the Article 107 of the Constitution limits the presidential term to five years,
And given that Article 108 of the constitution mandates the election of a president through a secret and direct vote of the people,
And given the current presidential term ends on 11 November 2013,
We do not believe there will be a president and a Commander in Chief on 11 November 2013 if there is no president elect,
And we believe the positions of President, the cabinet and all individuals  in political posts will expire at 12:00 midnight on 10 November 2013. With reference to the aforementioned constitutional articles, we believe any order they make in the name of any institution on the army and police is unlawful. We call your attention to Article 245 of the Constitution which states that we do not have to obey such orders.
In order to maintain the oath we took in the name of Allah, we have to protect the Constitution.
We swore to sacrifice our bodies and life to [protect the constitution], hence, we know the fundamental aspects of the constitutions. Neither the Attorney General nor other party have to interpret [the constitution] to us.
Hence, we call on all soldiers to respect the Constitution.

MNDF Spokesperson Colonel Abdul Raheem said he could not verify the petition as he has not seen the petition or received any information regarding the petition.

Colonel Raheem confirmed that the MNDF had promoted over 300 officers on Friday, the last working day before the expiry of President Mohamed Waheed’s term.

Colonel Abdul Raheem said the promotions had been awarded “as per usual procedures”, but said he did not know the specific reason for the promotion of such a large block of soldiers at this time.

An MNDF source meanwhile told Minivan News that the soldiers who had signed today’s appeal “are the backbone of the military, because they physically work out the operational plans. Earlier we saw the leadership’s message, and now the backbone of the military are taking the same stand to uphold the constitution.”

The appeal follows a “letter of concern” sent on Monday (October 3) by senior officers in the MNDF to Chief of Defence Force Major-General Ahmed Shiyam, following the failure of the country to hold scheduled elections on September 28.

An officer who signed that letter told Minivan News on condition of anonymity: “This is not a petition. It is a letter of concern over the Supreme Court’s order to delay elections, the failure of state institutions, and the possible politicisation of the military, and asking that unconstitutional orders not be issued.”

The MNDF reacted by firing, suspending, transferring and demoting many of the officers who had signed the letter, and then introduced new regulation banning officers from inciting “upheaval and chaos [through] speech, writing, action or gesture amongst members of the military.”

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High Court upholds Criminal Court decision to extend pre-trial detention of Azim

The High Court has upheld a Criminal Court decision to extend the detention period of Maldivian Democratic Party member Ali Azim, whose parliamentary seat is being contested by the Supreme Court and the Majlis.

Azim was arrested on charges that he attempted to assault a Maldives National Defence Force (MNDF) officer in control of the security of parliament. He has since been released to house arrest.

The High Court ruling on the appeal submitted by Azim stated that his arrest was lawful.

The High Court ruling stated that, on October 26, Azim went inside the parliament and attempted to assault an MNDF officer on duty, adding that it was the responsibility of the armed forces to stop anything that might be a threat to the security of  MPs.

The High Court ruling also said that Azim was arrested by police outside the parliament in the presence of his lawyer and that police have completed all the procedure stated in article 48 of the constitution.

Additionally, the High Court also noted that article 74 of the constitution states the Supreme Court has to determine if there is any dispute over the legitimacy of a parliamentarian and that, on October 24 at 6:30pm, the Supreme Court had ruled that Azim was disqualified from his seat and could no longer be considered a member of the Majlis.

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Defence Ministry slams Majlis recruitment of independent security

The Ministry of Defense and National Security has slammed the People’s Majlis decision to establish an independent security unit to oversee the safety of MPs and Majlis premises.

In a statement issued on Saturday, the Defense Ministry said Article 105 (a) and (b) of the constitution mandated the security forces to oversee security of the People’s Majlis offices, facilities and protection of all members, and hence the Maldives National Defense Forces (MNDF) is currently in charge of the task.

“When the constitution has set out specific responsibilities and roles for the Maldives security forces, the Ministry of Defense and National Security, as the most important institution mandated to ensure security of the Maldives, does not believe that the People’s Majlis secretariat can hand over this task to any body that is not part of the security forces.

And this ministry does not believe that the protection of the People’s Majlis, and ensuring the security of the Majlis can be handed over [to another party] in violation of the constitution,” the Defense Ministry said.

The statement follows the Majlis Speaker Abdulla Shahid’s appointment of former MNDF officer Mohamed Haleem to the position of Sergeant at Arms and announcement to recruit an additional 104 security officers.

Majlis secretariat announced for a Sergeant at Arms after MNDF officers stormed the People’s Majlis to remove Maldivian Democratic Party (MDP) MP Ali Azim from its premises. Shahid condemned the move stating that under parliamentary regulations, the MNDF are to operate under instructions from the Speaker inside the Majlis premises.

Soldiers clad in combat fatigues removed Azim from the Majlis building on October 26 after the Supreme Court stripped Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their seats over decreed debt. The Parliamentary Privileges Committee said it does not accept the “politically motivated” ruling.

The MDP and DRP currently control a simple majority in parliament. The DRP decided to back the MDP after its candidate Mohamed Nasheed gained 45.45 percent of the vote in the annulled first round of presidential elections on September 7.

Defending the Majlis

MDP MP and Spokesperson Hamid Abdul Ghafoor is currently taking refuge inside the Majlis following several attempts by police to arrest him and present him at the Criminal Court for a trial on alleged refusal to provide a urine sample. Hamid said the Criminal Court had fast tracked his case unlawfully and without due process to “purge” MDP MPs from parliament.

Refusal to provide urine can result in a one year jail sentence. If Hamid is found guilty, he may lose his parliament seat.

The Criminal Court on October 31 sentenced Hamid to six months in jail for disobedience to orders when he refused to comply with several criminal court summons.

However, Hamid will still be able to attend Majlis hearings after amendments to the Parliamentary Procedures the day before his sentencing permitting MPs to attend Majlis even if convicted of criminal offenses.

Speaking to Minivan News today, Hamid said: “I think it is very normal for a parliament to have its own security within its premises.”

DRP MP Rozaina also supported the move, saying: “In the system we have now, where courts, police and MNDF are politicized by the people leading these institutions, the Majlis definitely needs its own.”

The Inter-Parliamentary Union is currently in the Maldives to “to help find ways to improve trust and confidence between State institutions.” The IPU has expressed concern “the frequent intimidation, harassment and attack of MPs as they go about their work.”

The MDP led parliament also voted out Attorney General Azima Shakoor and has submitted no confidence motions against Defense Minister Mohamed Nazim, Prosecutor General Ahmed Muizz and deputy speaker and PPM MP Mohamed Nazim.

Three MDP MPs are currently on trial, while police have asked the PG to prosecute four additional MDP MPs.

MP Ali Waheed is on trial for disobedience to order for crossing a police barricade, while Hamid and Abdulla Jabir are on trial for alleged alcohol and drug abuse.

Police are charging MPs Alhan Fahmy, Imthiyaz Fahmy, and Mohamed Rasheed with contempt of court for criticizing the Supreme Court, and MP Ibrahim Rasheed with assaulting a police officer.

The MDP notes corruption charges against several government aligned MPs have been dropped since the controversial transfer of power in February 2012.

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Majlis speaker swears in sergeant at arms

The People’s Majlis Speaker Abdulla Shahid has today sworn in former Maldives National Defense Forces (MNDF) officer Mohamed Haleem to the newly announced position of sergeant at arms.

The sergeant at arms is to oversee security of the Majlis premises – a task currently carried out by the MNDF.

The Majlis is also looking to hire two deputies and four assistants to the sergeant at arms and 100 security officers. Once the new security unit is established the MNDF will no longer oversee the security of the legislature.

The appointment of an independent Sergeant at Arms comes at a time when several MPs belonging to the Maldivian Democratic Party (MDP) are being tried for criminal charges.

The Criminal Court today sentenced MDP MP Hamid Abdul GHafoor to six months in jail for failure to attend a trial over an alleged refusal to provide urine.

The court has issued several arrest warrants, ordering the police to arrest Hamid and present him at court. The police were unable to do so, however, after Hamid took refuge inside the Majlis premises.

Hamid claims the trial is “politically motivated” and contends the Criminal Court scheduled hearings during Majlis work hours.

Article 11 of the Parliamentary Privileges and Powers Act says an MP cannot be summoned to court during Majlis sittings or parliamentary committee hearings.

The MDP and Dhivehi Rayyithunge Party (DRP) currently control a simple majority in parliament. The DRP decided to back the MDP after MDP’s Mohamed Nasheed gained 45.45 percent of the vote in the annulled first round of presidential elections on September 7.

The MDP has condemned the judiciary’s attempts to “purge” its MPs.

On October 24, the Supreme Court stripped MDP MP Ali Azim and DRP MP Mohamed Nashiz of their seats over decreed debt. However, the Parliamentary Privileges Committee said they do not accept the Supreme Court’s “politically motivated” verdict and said Azim and Nashiz’s parliamentary membership continues.

When Azim attempted to attend a Majlis sitting on October 26, the MNDF blocked entry. Shortly afterwards, officers clad in combat fatigues stormed the Majlis and removed Azim from its premises, and handed him over to police officers waiting outside.

Azim is currently in police custody on charges of assaulting a police officer.

Speaker Shahid has condemned the MNDF’s actions stating that the MNDF are to follow his orders within the Majlis premises.

Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, hall, the pathways and corridors leading to the hall within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

Three MDP MPs are currently on trial, while police have asked the PG to prosecute four additional MDP MPs.

MP Ali Waheed is on trial for disobedience to order for crossing a police barricade, while Hamid and Abdulla Jabir are on trial for alleged alcohol and drug abuse.

Police are charging MPs Alhan Fahmy, Imthiyaz Fahmy, and Mohamed Rasheed with contempt of court for criticizing the Supreme Court, and MP Ibrahim Rasheed with assaulting a police officer.

The MDP notes corruption charges against several government aligned MPs have been dropped since the controversial transfer of power in February 2012.

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Unknown pills discovered inside Majlis coffee machine

MPs have today revealed the discovery of an unknown type of pill in a coffee machine inside the parliament.

At about 11:23pm Dhivehi Rayyithunge Party MP Rozeyna Adam tweeted pictures of the pills, statng that MPs’ lives were at risk.

According to Rozeyna, after a few minutes a police forensic team went to the parliament to investigate the case, although she went on to question whether opposition MPs could trust them.

Maldivian Democratic Party MP Eva Abdulla wrote on her twitter page that the lady working at the parliament had noticed the coffee inside the machine was discolored. When she threw it away she found the pills in the drainage.

The parliament secretariat has issued a statement confirming the allegations.

The parliament said that police and Maldives National Defence Force are investigating the case.

Speaking at parliament today, Eva expressed concern with similar incidents occurring in the run-up to no-confidence votes against cabinet ministers and called for a prompt investigation.

The Inter-Parliamentary Union has recently written to the Speaker of the Majlis requesting an urgent visit to the Maldives in order to ensure that MPs can  work “unhindered, without fear of intimidation and harassment or attack on their physical integrity”.

Eva noted that the security cameras near the room where the coffee machine was kept has not been functional for some time despite repeated requests to fix them.

A source within the parliament today told Minivan News that the pills appear to be a laxative called Dulcotax.

The incident occurred while MPs were debating the no-confidence motion against Attorney General Azima Shukoor, which was eventually passed.

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Fire outbreaks inside engine room of gas supply boat, injures four

Police have reported that today there was a fire outbreak inside the engine room of a boat docked at Thilafushi port to load gas, injuring four men.

According to police the incident was reported this morning at around 10am.

Police stated that one of the Maldivian men injured in the incident is in a critical condition and is currently being treated at Indira Gandhi Memorial Hospital.

The police’s Serious and Organized Crime Department is investigating the case.

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MP Azim’s arrest extended for 15 days

The Criminal Court has extended Maldivian Democratic Party (MDP) MP Ali Azim’s detention by 15 days.

The Maldives National Defense Forces (MNDF) stormed the People’s Majlis yesterday and forcibly removed Azim, handing him over to Maldives Police Services on charges of assaulting an MNDF officer.

Azim’s lawyer Mohamed Fareed said the MP is currently in Dhoonidhoo Island Remand Center and is in good health.

The MNDF obstructed Azim from entering Majlis after the Supreme Court had stripped him and DRP MP Mohamed Nashiz of their parliamentary seats over decreed debt on October 22.

Dissenting judges said the two MPs cannot be disqualified as the two were guarantors on a loan in which mortgaged assets had been taken over by the creditor. The parliamentary privileges committee has said it does not accept the “politically motivated” ruling as it was issued against the Supreme Court’s procedures.

Speaker Abdulla Shahid has sent a letter to the Chief of Defense Forces Ahmed Shiyam condemning the army’s actions in obstructing and removing Azim from the Majlis.

Shahid called on Shiyam to act within the confines of the law in overseeing Majlis security.

Noting that the constitution and Parliamentary Privileges and Powers Act affords the Majlis speaker control over Majlis premises and that the MNDF is required to act on the Speaker’s orders within the parliament, the letter said, “We note, with great sadness, that the [MNDF] acted against the aforementioned procedures in obstructing and arresting Medhu Henveiru MP Ali Azim.”

“At the request of the Chief of Defense Forces, the Majlis had sent a letter outlining how the [MNDF] were to act on the matter. However, without any instructions from the Majlis Speaker, a large number of uniformed MNDF officers entered the People’s Majlis and forcibly removed Ali Azim,” the statement read.

The letter further stated that the MNDF had infringed upon the powers of the Majlis Speaker as detailed in the Constitution and Act no 5/2013 on the Parliament’s Privileges and powers.

No contact with speaker, say MNDF

Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, chambers, the pathways and corridors leading to the chambers within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

However, the MNDF in a statement disputed receipt of a letter by the speaker, claiming that he had failed to respond to the MNDF’s request for instructions on how to proceed on the Azim and Nashiz case.

“The Maldives National Defense Forces will not prevent the two from entering the People’s Majlis if the Speaker orders the MNDF in writing to let them enter the Majlis,” the MNDF said.

The President’s Office has said the government accepts the disqualification of the two members, stating that the removal of Azim from the Majlis premises was the MNDF’s duty.

“The government believes that the two disqualified members no longer hold seats in the parliament. MNDF, as part of their duty, has prevented one of the disqualified members from entering the parliament building today. When this particular member assaulted the MNDF security officers, MNDF has now handed over custody of the member to Maldives Police Service,” a statement by the President’s Office said.

“Every Maldivian citizen must at all times obey the Constitution. In this regard, every citizen must respect the courts’ rulings. The government will not tolerate any individual who challenges the courts’ decisions,” the statement added.

The MDP has condemned the government and Supreme Court’s “purging” of its MPs, and has suggested that Azim and Nashiz’s removal was to obstruct a no confidence motion scheduled against Attorney General Azima Shakoor. The party has also submitted no-confidence motions against Defense Minister Mohamed Nazim and Prosecutor General (PG) Ahmed Muizz.

Three MDP MPs are currently on trial, while police have asked the PG to prosecute four additional MDP MPs.

MP Ali Waheed is on trial for disobedience to order for crossing a police barricade, while Hamid Abdul Gafoor and Abdulla Jabir are on trial for alleged alcohol and drug abuse. Police are charging MPs Alhan Fahmy, Imthiyaz Fahmy and Mohamed Rasheed with contempt of court for criticizing the Supreme Court, and MP Ibrahim Rasheed with assaulting a police officer.

The MDP notes corruption charges against several government aligned MPs have been dropped since the controversial transfer of power in February 2012.

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