Tag: MNDF

MNDF storms Majlis arrests MP Ali Azim

The Maldives National Defense Forces (MNDF) has stormed the People’s Majlis and arrested Maldivian Democratic Party (MDP) MP Ali Azim today after the Supreme Court stripped Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliamentary seats over decreed debt on Thursday (October 24).

The Parliamentary Privileges Committee, in a statement on Friday, said they do not accept the Supreme Court’s “politically motivated” verdict as it was issued in contravention of the Supreme Court’s procedures.

Lines of grey clad security officers with their arms intertwined blocked the main entrance to the Majlis this morning ahead of an extraordinary session scheduled to discuss interim arrangements should a president-elect not be determined at the end of the current presidential term on November 11.

The security officers refused to allow Azim entry as MDP MPs advocated in support of Azim. The MP for Malé signed the Majlis attendance roster despite the officers’ attempts to block him. Shortly afterwards at approximately 10:00 am, fifteen combat clad soldiers arrived at the Majlis, stormed the building, surrounded Azim and removed him from the Majlis premises.

In the ensuing scuffle, DRP MP Mohamed ‘Colonel’ Nasheed was pushed to the floor. The MNDF then turned Azim over to a waiting police can outside the Majlis gates. Government aligned MPs cheered the MNDF’s actions.

A statement released by the MNDF this morning read: “We have handed over Ali Azim to the Maldives Police Services after he assaulted security officers at the People’s Majlis and disobeyed officer’s orders. The Supreme Court has stripped Ali Azim of his seat.”

This morning’s statement contradicts a statement issued last night in which the MNDF said its role was to oversee security at the Majlis, not to determine who can enter its premises.

“The Maldives National Defense Forces are mandated with overseeing People’s Majlis security. It is People’s Majlis Speaker who decides those who can enter the building,” the statement said.

The parliamentary regulations also state the Majlis premises are controlled by the Majlis Speaker. 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.”

According to MDP parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih, the Speaker had sent a letter to the MNDF stating that Azim can enter the Majlis, but had not been able to reach the Chief of Defense Forces following the letter.

Suspension invalid

The Parliamentary Privileges Committee, in its Friday statement, said that Azim and Nashiz’s parliamentary membership continues despite the Supreme Court ruling.

“The parliamentary privileges committee, at its 21st sitting, has decided that the Supreme Court’s stripping seats of MPs Ali Azim and Mohamed Nashiz is invalid and their seats are not vacant and their parliamentary membership continues,” the statement said.

The committee expressed concern over the verdict saying, “Hearings in the case were concluded over a year ago, but the case was fast tracked and a sentence was issued in absentia. This is a politically motivated act to obstruct the no-confidence motions scheduled against a cabinet minister.”

“We believe the ruling violates the Supreme Court’s procedures. One Supreme Court Justice had received the statements the day before and has asked for a delay until Monday to research the case and prepare an opinion. But he was not given the opportunity to do and the ruling was issued without his opinion,” the statement read.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority Supreme Court verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

Arrested for assault

Azim, MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

Rozaina has released a Civil Court letter on twitter stating that Nashiz has no decreed debt.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament – the MDP had 34 seats.

The police have confirmed Azim’s arrest and said they are investigating an “individual for forcibly entering the Majlis premises, attacking officers and disobeying soldier’s orders” at the request of the MNDF.

Speaking to local broadcaster Raajje TV, Azim’s lawyer said the MP is being charged with assault and is currently being treated at the hospital for injuries sustained during his arrest.

The MDP has condemned Azim’s arrest and said “We condemn in the strongest terms, the security force’s attack on parliament members and attempt to dishonor the Majlis.”

The party has called on the Prosecutor General Ahmed Muizz to launch an investigation immediately.

Meanwhile, the Majlis secretariat has announced it is hiring an independent Sergeant at Arms to oversee security of Majlis sittings and parliamentary committee hearings.

Progressive Party of the Maldives (PPM) MP Ahmed Mahloof told local media Azim assaulted PPM presidential candidate and MP Yameen Abdul Gayoom this morning.

Meanwhile, MDP MP Hamid Abdul Gafoor remains holed up at the Majlis after the Crminal Court ordered the Police to arrest Hamid and present him to court over refusal to provide a urine sample.

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Defence Ministry alerted to possible threat to former President Nasheed’s life

The Ministry of Defence and National Security has been alerted by the Office of President Mohamed Nasheed to possible dangers to the life of the Maldivian Democratic Party (MDP) presidential candidate.

“According to sources, two Al-Qaeda agents have been employed for an attack on President Nasheed and are currently in Male’. The Office has requested the Ministry of Defense and National Security’s Intelligence to launch an investigation into the matter and to share findings with this office,” read a press statement from the former president’s office.

Following the request for an investigation, the Maldives National Defence Force (MNDF) issued a press release yesterday (October 25) stating that it was making inquiries and working with the Maldives Police Service (MPS) to investigate the matter.

“And President Mohamed Nasheed’s security has been strengthened better than before,” the MNDF said.

The press release added that providing security for high-level officials of the state was the responsibility of the MNDF and was therefore treated as “a high priority.”

Article 128 of the constitution entitles former presidents to “the highest honour, dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land.”

Head of Security for the former president, Ameen Faisal, told Minivan News that they had been made aware of the threat on Thursday (October 24).

“We have been hearing of this threat many times…Last night we heard about it and thought we can’t make it a joke, we have to take it seriously now,” the former defence minister and national security advisor said.

Former Head of Police Intelligence Chief Superintendent ‘MC’ Mohamed Hameed told the parliament’s Executive Oversight Committee in January this year that the police had received information about two separate assassination plots against former President Nasheed.

Speaking in the same committee in January, former military intelligence head Brigadier General Ahmed Nilam claimed to have received information about an assassination attempt planned to have been carried out during an MNDF live-fire event.

Former Minister of Human Rights under the current administration, Fathimath Dhiyana Saeed, last year also alleged assassination plans against Nasheed by local politicians.

Nasheed reacted to Dhiyana’s claims by acknowledging them as credible, commenting that he had received information from government intelligence sources of plots to assassinate him.

“I did get information from the Ministry of Defence that the intelligence got reports of planned assassination attempts. I had knowledge of this before,” said Nasheed.

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MNDF deny reports of injured suspect in Raajje TV arson attack being treated at military hospital

The Maldives National Defense Force (MNDF) has issued a statement denying reports spreading across social media that a suspect injured in the arson attack on opposition Maldivian Democratic Party (MDP) aligned TV station Raajje TV was being treated at the MNDF military hospital.

On October 7, a group of masked men armed with machetes, iron rods and petrol stabbed a security guard, forced open a reinforced door and set fire to the station, destroying its offices and control room as well as cameras, computer systems, broadcasting and transmission equipment.

CCTV footage of the attack showed the masked individual lighting the blaze briefly engulfed in flame, shortly before a fireball blew the door off its hinges.

The MNDF statement said the military hospital treated three firemen who were injured while trying to control the blaze.

”Two of the firemen were treated for burn injuries they received to the skin area near their ear, due to strong heat from the fire,” the MNDF statement said. ”The third fireman was treated for the injuries he received from the strong heat and smoke.”

The MNDF said the third fireman was admitted to Indira Gandhi Memorial Hospital (IGMH) after he had breathing problems.

The MNDF also said it was very uncivilised to spread such news without clarification. The statement did not state to whom it was referring to.

Reporters Without Borders (RSF) has condemned the arson attack and criticised the Maldives Police Services’ failure to defend the station despite repeated requests for police protection.

“This criminal act is a direct blow to freedom of information and we deplore the attitude of the police, who failed to do what was necessary to prevent the attack although the head of TV station requested protection a few hours before it took place,” RSF said in a statement on Monday.

Meanwhile, Raajje TV quoted former president Mohamed Nasheed as alleging that Tourism Minister Ahmed Adheeb “had a hand” in the arson attack on the station, and called on investigation authorities to obtain a court warrant to gain access to the former’s text messages and phone calls.

Adheeb dismissed the allegations as false.

”I won’t be surprised even if he made bigger allegations,” he said. ”Nasheed is always lying like that.”

Adheeb accused Nasheed of working against him due to his condemnation of the MDP’s calls for a tourism boycott.

Eyewitness to Monday’s attack told Minivan News that the attackers arrived on motorbikes.

”First one motorbike with two persons came, they were covering their faces with masks and one of them were holding an iron bar. We first thought they were getting ready to attack a person but the guy holding the iron bar smashed the glass of the building and the other bikes arrived just as the guy smashed the glass,” said a witness.

”There were three wave motorbikes and one PCX motorbike. The other guys were wearing masks when they arrived, they looked very calm when they entered the place and we did not see what happened inside but we noticed that they were in a rush when they came out of the building,” he said. ”They all left the area on the bikes really fast.”

According to the eyewitness, he saw the bikes coming out to Boduthakurufaanu Magu from Kurangi Goalhi and when they left they went straight towards Henveiru from Boduthakurufaanu Magu.

Speaking at the parliament’s government oversight committee, Raajje TV CEO Akram Kamaluddeen alleged to MPs that the arson attack on Raajje TV was a state organised crime.

Akram Kamaluddeen and Deputy CEO of Raajje TV Abdulla Yameen did not respond to Minivan News at time of press.

The security guard who was taken hostage and stabbed told local press that the assailants arrived 10 minutes after the staff of Raajje TV had left the station.

The Bangladeshi national guard told the papers that he was inside the building when the assailants came and they asked him to lead them to the floor Raajje TV was on, but when he refused they tied his hand and took him upstairs with them.

He told the papers that he was stabbed and attacked inside the control room of the Raajje TV station, and that after attacking him they left him inside the burning building with his hands tied.

According to the security guard he was able to escape because the group left the door open. He said he came outside and called his supervisor, before fainting and being admitted to IGMH.

CCTV footage of the attack:

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Raajje TV destroyed in arson attack

Additional reporting by JJ Robinson

A group of masked men armed with machetes, iron rods and petrol set fire to opposition aligned TV station Raajje TV shortly before 4:45am today, destroying its offices and control room as well as cameras, computer systems, broadcasting and transmission equipment.

The attack comes days after Raajje TV broadcast a report titled “Forum 15” detailing a plan, including arson, to destroy the station.

According to Raajje TV’s Head of News, Ibrahim ‘Asward’ Waheed, six men forcefully entered the seven story building after stabbing the security guard with a machete.

The guard has been hospitalised and is receiving care for two stab wounds to his back.

The men then damaged the elevator and cut off the building’s electricity. The group continued to break through a reinforced steel door to access station’s offices on the second floor of the building, before covering all equipment in the building with petrol and setting it alight.

A crew member from the airport ferry – docked opposite the building – said he witnessed a group of masked men leaving the building, and the bleeding security guard run to police officers on the corner of the block.

“We were docking at around 4:40 am when I saw about eight masked and gloved men leaving the building. They were wearing jeans and t-shirts. I saw the security guard run out, he had blood on his back,” he said.

“There were policemen on the corner, he ran to them and it looked like they did not help. I say this because he ran back to the building and then ran back to them when people gathered there started shouting,” he told Minivan News.

“At the time there was smoke coming from the offices. Many people there told me they called the police when they saw what was happening. But the police did not answer the phone. and only answered once the whole place was ablaze,” he said.

Station staff were unharmed, although the Maldives National Defense Forces’ (MNDF) Fire and Rescue Services said they had rescued one woman who was trapped on the terrace.

According to the MNDF, the fire was reported at 4:45 am and was put out at 7:00 am. A computer store on the ground floor was also completely destroyed in the blaze.

The station was destroyed on the same day as the Supreme Court’s much-anticipated ruling on whether to allow elections to go ahead.

Station had requested police protection

The station’s reporters had all gone home by 4:00am after providing live coverage of the Maldivian Democratic Party’s (MDP) ongoing protests against the indefinite suspension of elections by the country’s Supreme Court. Eyewitnesses had reported that the license plates of the arsonist’s motorbikes had been concealed, Asward said.

Raajje TV CEO Yamin Rasheed said the station had received reports at 8:00pm on the previous evening that it was in danger of being attacked that same evening, warnings which forwarded to police along with a written request for police protection.

“[The report] was very suspicious, and did not look like a joke. I wrote a letter to police asking for security and requested them to protect us from this attack. But there was no response,” he said.

Police Spokesperson Chief Inspector Hassan Haneef confirmed to Minivan News this morning that police had received Yamin’s letter “and took action by patrolling the area.”

Yamin said Raajje TV has extensive CCTV footage of the arson attack: “It will be very easy to investigate. But we’ve handed it over in past attacks and nothing has happened,” he said.

“We will resume our service as soon as possible. Our directors are very courageous and are willing to try again,” he added.

Vice President of the Maldives Broadcasting Commission (MBC) Mohamed Shaheeb has harshly condemned the torching of Raajje TV.

“This is a cowardly act that violates vital democratic principles of freedom of expression and press. This commission calls for an investigation and prosecution of those involved,” he said.

Former President Mohamed Nasheed said in a tweet that he strongly condemns the attack on Raajje TV, asking the “Raajje TV team not to worry and come back on air as soon as possible.”

Maldives Media Council President Mohamed Husham spoke out against lack of protection to the media in a tweet:  “We have not seen any results from the discussions to provide protection equally to all media.”

The Maldives Post Services has suspended services from its main office, which is located next door.

Since the controversial transfer of power on February 7, 2012, Raajje TV has faced increasing threats. In July 2012, the police and the President’s Office had said it would not cooperate with the TV station, blocking the station from President’s Office’s press conferences and police protection at protests.

The Civil Court has since ruled that the police and president’s office’s decisions  to ostracize the station were both unconstitutional.

In August 2012, critical cables in the station’s control room were cut, terminating the station’s broadcast. Several Raajje TV journalists have also reported arbitrary arrests and assaults.

In February 2013, men wielding iron rods on motorbikes assaulted Asward leaving him with near near-fatal head injuries.

According to Raajje TV the station had an audience of at least 95,000 people, one of the largest shares of Maldivian media. It reached India and Sri Lanka, and is also streamed online.

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Translation: MNDF officers’ ‘letter of concern’

The following is a translation of a leaked “letter of concern” circulating on social media, submitted by senior officers of the Maldives National Defence Force (MNDF) to Chief of Defence Force Major-General Ali Shiyam on September 28. Following the release of the letter the MNDF amended its regulations to punish officers who promoted “upheaval and chaos”. Brigadier General Abdulla Shamaal was subsequently removed from his position as the Commandant of Training and Doctrine,while First Lieutenant Abdulla Shareef (Marine Corp), Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid were dismissed from service. First Lieutenant Mohamed Haleem resigned, stating “For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties.”

To Chief of Defence Force Major General Ali Shiyam:

Whereas Article 236 in Chapter 9 of the Republic of Maldives’ Constitution states the Maldivian security services, consisting of the Military Service and the Police Service, is established to enable all persons in the Maldives to live in peace, security and freedom,

Whereas Article 237 states 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,

And whereas Article 238 states that the actions of the security services must be exercised in accordance with the Constitution and the law, and operate on the basis of accountability,

And whereas Article 111 states that if no candidate wins by over fifty percent of the votes in a presidential election, a run-off election must be held within twenty one days of the first election,

And whereas Article 142 states judges must comply with the constitution and the law,

On 7 September 2013, a presidential election was held as per Article 110 of the Constitution. The Elections Commission announced a second round of election on 28 September 2013 as per Article 111 of the constitution.

According to Article 111 of the constitution, a second round of election must be held within 21 days after the first election, and that date is 28 September 2013. We believe, given Article 8 of the Constitution states that the powers of the state shall be exercised in accordance with the constitution, and as 28 September 2013 is the last date on which the second round of the presidential elections can be held, the Supreme Court order to delay the election is one that creates dangers for the nation and its citizens and creates challenges from a national security point of view, and may impede the military from carrying out is constitutionally mandated duties.

As per Article 237 the security forces are mandated with defending democratic institutions, and maintaining and enforcing law and order.

Given the shifting national security atmosphere in the country, and as the Maldivian state’s independent institutions and the international community are repeatedly calling for all parties to respect the constitution, we believe any military act that violates constitutional rules and democratic norms, will destroy the sovereign state established in the Maldives, destroy law and order in the country, and allow for a military state to be established in the Maldives.

This is due to influential actors who may abuse the turmoil and constitutional void following the delay in presidential elections. We are concerned that the chain of command established in the military as per the laws will be lost, and will allow for the military to be used as a tool to hand over administration of the state to a certain group of people.

Article 245 states that no one is allowed to issue an illegal order to a member of the security services and that members of the security services should not obey such an order. Hence, due to orders issued in the above mentioned situation, this institution [military] may fall into a deep pit, and we fear that subordinate commanders and lower ranks may be legally locked into a dark cell and may be criminally charged at a later date.

Hence, we express grave concern, and appeal for this institution not to be propelled into a deep pit, and state that we will steadfastly remain with good military behavior and good order against any illegal order.

28 September 2013

Signed:

Brigadier General Shamal
Colonel Abdul Raheem
Brigadier General Ahmed Jihad
Brigadier General Ahmed Nilam
Colonel Hamid Shareef
Lt. Colonel Nasrulla Majdhee
Captain Abdul Muizz
Lt. Colonel Ibrahim Hilmee
Sergeant Major Hassan Fawaz
Sergeant Major Naushad Ali
First Lieutenant Abdulla Shareef
First Lieutenant Mutholib [unclear]
Sergeant Major [first name unclear] Vaseem
[name unclear]
[name unclear]
Captain Hassan Amir

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Protesters adopt new tactics during fifth night of calls for elections

Additional reporting by Leah Malone

Multiple arrests and pepper spraying marked the fifth consecutive night of protests on Tuesday evening, as supporters of the Maldivian Democratic Party (MDP) demonstrated near the Supreme Court in Male’.

Both regular police officers and Special Operations branches of the Maldives Police Service (MPS) were present at yesterday’s demonstrations, as well as Maldives National Defence Force (MNDF) officers who were manning barricades.

The Supreme Court has been the focus of protests after its order to indefinitely delay the second round of the presidential elections forced the Elections Commission (EC) to concede that the September 28 run-off could not go ahead.

Thirty female protesters gathered near the Supreme Court in the early evening and were met by Special Operations police in riot gear and MNDF officers. MDP MP Eva Abdulla and former Education Minister Shifa Mohamed were among those detained by police during the demonstration.

By 11:00pm approximately a thousand protesters had gathered near the FDI Station on Fareedhee Magu – the closest protesters can go to the Supreme Court building, as the area remains cordoned off by police and military forces.

Following a series of speeches by MDP MPs – including Eva Abdulla who was released from police custody in time to address the crowd – the demonstrators altered their strategy. Instead of remaining in a single location, the protesters divided their numbers between multiple locations on the north side of the capital.

Hundreds peacefully walked the back roads behind the Supreme Court calling for elections, and were met by MNDF officers in riot gear guarding the alleys leading to government buildings. A group of protesters were met by approximately 30 Special Operations police in riot gear near Republic Square, which prompted the crowd to continue their march.

After regrouping near the FDI building the protesters staged another march down Chandanee Magu, to Majeedhee Magu, and back up Orchid Magu – all main thoroughfares in the capital city. Groups of onlookers were seen gathered in front of private businesses and homes, some of whom joined the protest.

The seemingly spontaneous marches were to intended to disorient the smaller numbers of Special Operations police, an MDP activist and former government official told Minivan News during the demonstration.

Minivan News observed MNDF in riot gear blocking protesters from approaching government buildings, however they deferred to police once fresh squads arrived at the various intersections.

Standard police officer’s – ‘blues’ – were observers using pepper spray on protesters, while Special Operations officers sent in snatch teams to pluck people from the crowd once numbers had dwindled to around 400.

Although the police website reported 10 people arrested, Minivan News witnessed up to 20 people taken into police custody before the protest ended around 2:30am.

Picture by Ranreendhoo Maldives

Following criticism of police arrest procedures at the Parliamentary Privileges Subcommittee yesterday, the police today released a series of statements stating that strip-searching, testing for drugs and handcuffing were legal, and “not inhumane.”

The MDP has alleged arbitrary and frequent use of pepper spray, beating, strip-searching, frisking, handcuffing and drug tests of their supporters arrested at protests.

Arrests “not inhumane”

In a statement today, the police said they were authorised to frisk and strip-searches under Articles 32-36 of the the Police Powers Act. The articles state that police are authorised to frisk and carry out strip searches if the police have reasonable grounds to believe the detainee may hold an object to harm themselves or another, or an object for intoxication, or an object to commit an illegal object.

In a separate statement today, the police said that handcuffing is not an “inhumane act” saying the police are authorised under Article 57 of the police powers act to handcuff detainees while they are being transported.

The police said they are also authorised to ask for urine samples to do drug tests if there were reasonable grounds to suspect the detainee was intoxicated, even if the individual was not detained on suspicion of drug use.

Prosecutor General Ahmed Muizz meanwhile told the Parliamentary Privileges Committee that police could only carry out drug tests if the detainee was arrested for suspected drug abuse, or if police had reasonable grounds to suspect detainees arrested on different charges have used drugs.

Police carried out a drug test on Haveeru journalist during one of this week’s earlier protests, and requested a urine sample from MP Ali Azim.

Police also expressed concern about media taking photographs of the operations.

“Who is taking these photos? She’s snapping pictures of everything we do,” one SO officer objected to a colleague.

“Let her take photos, what can she do with them, right?” the second officer remarked.

“We should just take her in,” said a third.

The Supreme Court has yet to make a decision on Gasim Ibrahim’s bid to annul the first round of results after he placed third, despite the court concluding the hearings last week.

Earlier this week, court media officials offered assurances that the case was being worked on “around the clock”.

Speaking at a Progressive Party of Maldives (PPM) event on the island of Maafushi yesterday, presidential candidate Abdulla Yameen suggested that street protests would not influence the outcome.

“The Maldives will obey the rulings of the judicial courts. Street rulings will not work in the Maldives,” local media reported Yameen as saying.

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Defense Ministry blasts media outlets for “sowing discord in the military”

The Ministry of Defense and National Security has blasted certain media outlets in a statement released Tuesday (October 1) for “sowing discord and disorder in the military.”

Several media outlets carried reports this week on a “letter of concern” sent to Chief of Defence Force Major-General Ahmed Shiyam, in which the top brass of the military expressed concern over political turmoil in the country following the failure of the country to hold scheduled elections on Saturday (September 28).

“Some TV channels and media outlets are repeatedly attempting to sow discord and disorder in the military, against the constitution and laws of the Maldives,” read the statement from the Defence Ministry.

The Defence Ministry called the media reports “irresponsible” and “politically motivated.” The Ministry furthermore said it will file complaints with relevant authorities to halt such reports and said it believed the Maldives Broadcasting Commission and Maldives Media Council must take action.

The MNDF’s letter to Major-General Shiyam was initially signed by four senior officers, but 16 officers across the top brass subsequently added their names to it. The letter came after police forcibly brought runoff preparations to a halt following a Supreme Court order.

The Supreme Court had opened at midnight on Friday to order security forces to physically obstruct the election in line with its earlier suspension, invoking article 237 of the Constitution, concerning the authority of the security services to “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.”

One signing officer 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 officer said the letter had been signed by ranks including Generals, Colonels, Lieutenant Colonels, Captains, First Lieutenants, Sergeant Majors and Warrant Officers.

MNDF Spokesperson Colonel Abdul Raheem, himself a signatory, confirmed the letter’s existence to Minivan News.

“It was to inform the leadership of our concerns about political turbulence in the country right now and how the military should plan and prepare for it,” Colonel Raheem said, and implied that it was not unusual for senior officers to brief the Chief of Defence on such matters.

The 3000-strong MNDF is responsible not just for defence, but also the Coastguard and civil services such as firefighting and rescue operations.

The letter seems to have prompted an internal shuffle in the organisation, including a marine commander being switched to another unit. One resignation letter obtained by Minivan News, of First Lieutenant Mohamed Haleem, was addressed to Defence Minister Retired Colonel Mohamed Nazim.

“I do not believe the security services are currently adhering to the constitutional provisions stated in articles 237 and 238. Also, while the spirit of article 246 of the constitution is, to refrain from political affiliations and to treat equally among the people and different groups, respecting the principles of Islam and human dignity, I do not see this currently happening [within the security services],” First Lieutenant Haleem stated.

“For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties,” he concluded.

Former Brigadier General Ibrahim Mohamed Didi, who as a junior soldier was instrumental in defending the Maldives from the coup attempt of 1988 which saw 80 mercenaries from the Tamil militant group the People’s Liberation Organisation of Tamil Eelam (PLOTE) launch a frontal assault on the Maldives’ military headquarters, issued a letter today over social media.

“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 Didi, who was the Male’ Area Commander during the 7 February 2012 controversial power transfer before resigning “prematurely” from his 32 year career on July 16, 2012.

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Police and military officers reinstated based on precedents set in CSC Fahmy case

Civil Court Judge Maryam Nihayath yesterday (30 September) ordered the reinstatement of a police officer and a Maldives National Defence Force (MNDF) officer, previously dismissed on criminal charges.

The decision was based on the precedent set by the ruling on former Civil Service Commission (CSC) Chair Fahmy Hassan, whose dismissal by parliament was recently reversed by the Supreme Court.

Former Intelligence Chief Mohamed ‘MC’ Hameed has also been reinstated this week based on the Supreme Court ruling 2012/SC-C/35.

MC Hameed was dismissed from the police after the controversial transfer of power on allegations that he had abused his authority as the chief of police intelligence for the benefit of a certain political party and that he had leaked secret information obtained by the police.

The Supreme Court ruling stated that if Fahmy Hassan was dismissed from the position without being investigated and proven guilty, as per the criminal justice procedure, then his dismissal was to be considered as double jeopardy.

Regardless of the ruling, subsequent disagreements between the court and the Majlis resulted in Fahmy’s replacement.

Judge Maryam Nihayath’s ruling stated that the Supreme Court (ruling 2012/SC-C/35) had brought into existence important procedures to follow when dealing with such cases.

The judge also stated that MNDF officer Ahmed Althaf was dismissed from the force on allegations that he lost a compressor valve and asked a lower rank officer to replace it with an older one.

Nihayath’s ruling stated that the court had found he was dismissed without completing the criminal justice procedure, which the Supreme Court ruling had argued violated articles 42, 50 and 51 of the constitution.

Yesterday’s ruling stated that the legal precedent had determined that a person was dismissed from his job in a criminal offence without having completed the criminal justice procedure could not be charged with the same case offence in a court of law without constituting double jeopardy.

In a separate case yesterday, where a police officer was dismissed from his position on allegations that he stole MVR 241,215 (US$15,640) from a safe in the police tow yard, the same Supreme Court ruling was cited.

Judge Nihayath noted that the police officer was not dismissed after completing the criminal justice procedure, and that even if he were, the precedent set in the Fahmy case would still not allow him to be charged and sentenced by a court of law.

In November last year parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated the complaint of sexual harassment lodged by a female CSC employee.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

In spite of this, the parliament appointed a new member to the Civil Service Commission to replace Mohamed Fahmy Hassan – 51 out of 54 MPs present in the parliament voted in favor of appointing Fathimath Reenee Abdulsathar.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

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Senior military officers send “letter of concern” to Chief of Defence Force

Additional reporting by Zaheena Rasheed and Mohamed Naahii

Senior officers in the Maldives National Defence Force (MNDF) have sent a “letter of concern” to Chief of Defence Force Major-General Ahmed Shiyam, following the failure of the country to hold scheduled elections on Saturday (September 28).

Police surrounded the Elections Commission (EC) on Friday with orders from Commissioner Abdulla Riyaz to storm the building and confiscate ballot papers should the EC continue to attempt to hold the election.

The Supreme Court had the previous evening opened at midnight to order security forces to physically obstruct the election in line with its earlier suspension, invoking article 237 of the Constitution, concerning the authority of the security services to “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 MNDF’s letter to Major-General Shiyam was initially signed by four senior officers, but 16 officers across the top brass subsequently added their names to it.

MNDF Spokesperson Colonel Abdul Raheem, himself a signatory, confirmed the letter’s existence to Minivan News.

“It was to inform the leadership of our concerns about political turbulence in the country right now and how the military should plan and prepare for it,” Colonel Raheem said, and implied that it was not unusual for senior officers to brief the Chief of Defence on such matters.

One signing officer 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 officer said the letter had been signed by ranks including Generals, Colonels, Lieutenant Colonels, Captains, First Lieutenants, Sergeant Majors and Warrant Officers.

The 3000-strong MNDF is responsible not just for defence, but also the Coastguard and civil services such as firefighting and rescue operations.

The letter seems to have prompted an internal shuffle in the organisation, including a marine commander switched to another unit. One resignation letter obtained by Minivan News, of First Lieutenant Mohamed Haleem, was addressed to Defence Minister Retired Colonel Mohamed Nazim.

“I do not believe the security services are currently adhering to the constitutional provisions stated in articles 237 and 238. Also, while the spirit of article 246 of the constitution is, to refrain from political affiliations and to treat equally among the people and different groups, respecting the principles of Islam and human dignity, I do not see this currently happening [within the security services],” First Lieutenant Haleem stated.

“For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties,” he concluded.

Former Brigadier General Ibrahim Mohamed Didi, who as a junior soldier was instrumental in defending the Maldives from the coup attempt of 1988 which saw 80 mercenaries from the Tamil militant group the People’s Liberation Organisation of Tamil Eelam (PLOTE) launch a frontal assault on the Maldives’ military headquarters, issued a letter today over social media.

“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 Didi, who was the Male’ Area Commander during the 7 February 2012 controversial power transfer before resigning “prematurely” from his 32 year career on July 16, 2012.

“Given the sad state of affairs this country has fallen to, as a person who came out to sacrifice my life to protect holy Islam and this nation when required, as a person who would still take any action required in the best interest of this country, people and religion and as a person who has been trained and acquired military expertise at the expense of the public funds, I could not remain silent today. I believe it is a national and a religious duty to say something on the issue,” he wrote.

This country is in a state of chaos since February 7, 2012. The government elected by people of this country were not given the opportunity to breathe. Opposition politicians, businessmen and religious clerics who supported them were continuously seen calling for the ousting of the government.

The people within the government were claiming that the opposition was insincere and irresponsible. The opposition claimed that the government officials were insincere and irresponsible. In this situation, conflicts between three powers of the state led to the military being unduly influenced.

Also, it is shameful and unacceptable in such a highly polarised society to see the government which the military ought to legally defend, regardless for whatever reason, be thrown out to the street.

In that circumstance, the international community saw the best solution for the country was to find a peaceful solution. And in that discourse, they saw the need to facilitate a presidential election, in which the people would make the ultimate decision. [It had to be this way] because of the conflicts within the three powers of the state and between these powers.

With that, I must disappointingly highlight that I am seeing the country falling into a state of chaos. I have heard some businessmen claiming that the only solution left for the country is a military solution. I am ready to challenge those who say this. That is a theory based on lies, deception and greed which only serves them a temporary benefit. We have seen what happened to countries that followed this theory.

In this situation, my advice to the military officers is, do not give the opportunity to anyone who plan to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country.

The reason is, if such a thing happens, it would be all of us, our children and our children’s children who would suffer the consequences.

What does the constitution say about this? Article 268 says that any act committed in contrast with the constitution is void and invalid.

Article 124 states that in case of incapacity of the President and Vice President, it must be the Speaker of Parliament who takes up the duties and responsibilities in running the state.

Article 107 states that the duration of a presidential term is five years.

Therefore after November 11, 2013, regardless of who gives the orders and regardless of the situation, I sincerely urge the military to not let anyone take over the country in contrast with the provisions in the constitution, as this would have dire consequences. I request all military officers to sincerely and peacefully protect the interests of this country in such a situation.

By any means, the head of state should not be someone who assumed powers in contrast to the constitution of this country.

Translated from Dhivehi – read original

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