Tag: MNDF

Police fired gun in takeover of MNBC, video reveals

Video footage taken during the storming of Maldives National Broadcasting Corporation (MNBC) on February 7 reveals that a police officer used a firearm to break down the gates of the station headquarters in capital Male’, allowing dozens of police and military forces (MNDF) as well as some civilians in plain clothes to forcefully take over the station.

According to Maldivian law police officers are not issued firearms.

Approximately two hours before former president Mohamed Nasheed resigned from office “under duress” in what his government has called a “coup d’état”, a group of rogue security forces armed with batons, iron rods, wooden planks and evidently firearms “hijacked” the state media station, forcing it to change to Television Maldives (TVM), its title under former president Maumoon Abdul Gayoom.

A video obtained from an unidentified source captured the event from an upstairs window within the MNBC compound, looking down on the television station’s locked gates.

The video begins as tear gas canisters are thrown at a group of MDP activists attempting to protect the building outside the gate, billowing yellow smoke and forcing then to retreat from the area. A woman inside the MNBC headquarters screams, “Oh Mother! Mother!” as another comforts her, asking to “stop crying.”

Riot police with shields charge the gate as the tear gas clears, accompanied by several men who are not wearing uniforms. As the scene unfolds, a male voice is heard saying,  “Look there’s the police coming, they have guns”, while another man exclaims: “Oh no! That’s the bad police”.

The mob then attempts to break the heavy chain on the gates while a man inside shouts, “Oh my God, they’re opening [the gates], they’re opening”.

At the height of the attack on the gates, a uniformed police officer sticks a gun through the circular hole on the right-hand side of the gate and fires. Smoke from the weapon’s discharge floats up into the air. The crowd then bursts through the gates into the courtyard. Some of the men throw stones and one of the men, who isn’t wearing a uniform, is brandishing an iron rod in his hand. The mob then advances towards the main entrance of MNBC before the video cuts out.

“We felt trapped, kidnapped”

Minivan News spoke to some of the then-MNBC staff on duty inside the headquarters that morning, who recounted the “frightening experience” of February 7 on condition of total anonymity.

“They just stormed into the building and broke the doors and windows to force their way in. Some slapped the paper stacks and equipment off the tables. The first guy who came into the newsroom was a protestor and he ordered us to stop all the work we were doing. He kept on stomping his feet on the ground to frighten us and threatened to ‘finish us’ if we didn’t listen. So we stopped. We were all so scared,” one reporter recalled.

“In just a few minutes the whole place was filled with protesters shouting at us, police and MNDF took over the main control room. There were shouts and cries of girls everywhere. We felt trapped, kidnapped,” the reporter added.

“A policeman shouted that we [MNBC] have brought enough of what government wanted. Now its time for them to broadcast what they want,” another station employee claimed.

The employee added that they were ordered to patch through the VTV channel, owned by minority opposition Jumhooree Party (JP) Leader and MP Gasim Ibrahim. The nation watched VTV on state TV before the feed was cut off and came back on, re-branded as TVM.

Another staff member said that the security forces let the staff that wanted to leave the building exit, and assured them, “No harm will come to the rest”.

Newsroom sub-editor Ahmed Muhsin was taken home under police custody, another staff member told Minivan News.

“But we were surrounded by armed opposition protestors. We were scared for our lives,” the source continued. “The first anchor who went on air could not continue even because of the intimidation. So someone else had to take over”.

Police sub-inspector Ahmed Shiyam said that President Dr Mohamed Waheed Hassan has ordered an investigation into the events of February 7, and that police will not comment on the events of that day until the investigation is concluded.

Dr Waheed’s alleged involvement

MNBC Managing Director Adam Shareef told Minivan News that he was “advised to hide to guard his life” when the protestors stormed in threatening to attack Muhsin and himself for alleged alignment with Nasheed and his Maldivian Democratic Party (MDP).

“I was hiding inside the light room until the security forces assured me I would be given protection. When I came out Dr Waheed’s brother Ali Waheed was there. He shook my hands and said that he was there to take over MNBC on behalf of Vice President Dr Waheed. This was before Nasheed resigned.”

Shareef also claimed that Ali Waheed came earlier that morning asking to handover the state media but he refused. “I told him that MNBC had the authority to run the state media and we would not hand over it unless the security forces came. So that’s why they [police and MNDF] came with the protestors,” Shareef observed.

He said that he waited at the station to ensure the safety of his staff, while Muhsin was escorted home.

Several sources at the newsroom confirmed that members of Dr Waheed’s Gaumee Ithihaad party including Ahmed Faiz and Alim Shakoor, younger brother of newly appointed Attorney General and opposition-friendly lawyer Aishath Azima Shakoor, were in the news room “giving orders” that day.

Previously, Azima Shakoor represented parliament’s state broadcaster Maldives Broadcasting Corporation (MBC) in a drawn out tug-of-war with state owned MNBC for control of the assets of the state broadcaster, formerly Television Maldives (TVM) and Voice of Maldives (VoM).

Its also notable that after taking office, the first presidential decree passed by President Dr. Waheed was to transfer assets to MBC, although Nasheed’s administration had repeatedly contended that the MBC board is stacked with opposition supporters and that its attempt to control of MNBC is effectively a “media coup”.

Meanwhile, MNBC was criticised for favouring MDP.

State media liberated or hijacked?

The MNBC staff, who earlier spoke to Minivan News, insisted that “in the name of liberating state media, the police, MNDF and the protestors hijacked [MNBC]”.

“We know the lawful state broadcaster is MBC. But this is not the way they should take over. If the rule of law was respected as Dr Waheed promised in his first presidential address, he would not have let the security forces take control over us,” said a senior member of the MNBC staff.

Minivan News could not reach Maldives Broadcasting Commission at time of press.

The commission has however given a license to MBC, which is now preparing to take over management of the national broadcasting station’s assets, local media reports. President Waheed has replaced the MNBC board and tasked it with overseeing the transfer of assets to MBC, which the MDP has previously alleged has a board stacked with opposition figures.

Meanwhile, speaking to Minivan News, the Maldives Journalist Association (MJA) President Hiriga Ahmed Zahir claimed that the organisation has not reacted to the take over of MNBC because the police were “enforcing the law”.

“MNBC was operating the state media unlawfully, despite repeated calls from us and court orders to hand it over to the parliament-created state broadcaster,” Zahir continued.

He claimed that MNBC was “abusing the state assets, and tax payer’s money” to make the state media a “propaganda machine” of MDP, in the non-existence of a fair editorial policy.

“I am not saying it was done in the most appropriate way. It was a chaotic situation. But we will always welcome bringing unlawful actions within the legal bounds. Police is the body to enforce the laws and I see no reason to object to the police taking over the state media to hand over it to the lawful body,” Zahir said.

He added that it would have been a problem if they had destroyed MNBC’s equipment or intimidated the staff, but said the organisation had not received any official complaints although some concerns have been raised informally.

Former National Security Advisor and former Defence Minister Ameen Faisal meanwhile observed that it looks “very strange” to see the police in the video firing a gun outside the MNBC office.

“It’s very strange to see. It’s very clearly seen in the footage that they were firing from the main outside gate inside [the MNBC compound] and our police force has never been issued with guns. The big question is how they got the guns. Evidently it was from the MNDF because they are the only people authorised to carry guns.”

He further added that the Maldives witnessed a “police mutiny turn into an armed mutiny” on February 7, which forced a democratically-elected president to resign.

“Any democratic country will not accept a government which used the police force and mutiny to forcefully resign a democratically-elected president. They have to condemn [the new administration], with this video footage and with all the torturing by the police. They should not accept the legitimacy of the government and should ask the people of the Maldives to decide who their president should be,” Faisal contended.

A photo circulating on Facebook apparently showing defected police and MNDF celebrating in the courtyard of the state broadcaster, after taking it over on Tuesday.
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Maldives government changes in dramatic scenes after police elements join opposition protest

Vice President of the Maldives Dr Mohamed Waheed Hassan has been sworn in as President of the Maldives following the resignation of President Mohamed Nasheed in dramatic circumstances at 1:00pm today (February 7).

President Mohamed Nasheed appeared on ‘Television Maldives’ (TVM), and issued a brief statement this afternoon:

“I resign because I am not a person who wishes to rule with the use of power. I believe that if the government were to remain in power it would require the use force which would harm many citizens. I resign because I believe that if the government continues to stay in power, it is very likely that we may face foreign influences.

“I have always wished the citizens of this country well, now and into the future. I have made this decision and I wish for your prosperity in this life and the life after.”

The President’s resignation comes after elements of the police and 60-70 officers from the Maldives National Defence Force (MNDF) sided with opposition protesters and attacked the MNDF headquarters early this morning.

Minivan News at 8:00am on February 7 observed a group of 400-500 opposition protesters, interspersed with blue-shirted police officers, assaulting the MNDF building in Republic Square.

At the height of the violence there appeared to be no police riot control presence in the square. Military forces with riot shields held back the crowd at while soldiers in gas masks used grenade launchers to fire tear gas canisters from the turrets of base into the crowd.

“This government is over!” yelled a middle-aged man in a shirt and tie, dodging a tear gas canister. Several confronted Minivan News.

Younger rioters threw water bottles and rocks at the building, breaking windows. Another picked up a tear canister and attempted to hurl it back into the compound.

There were mixed reports that the military used rubber bullets to control the demonstrators. Minivan News only observed tear gas canisters being fired as of this morning, and the government at the time denied using rubber bullets.

The wind quickly dispersed the tear gas in the large open area, blowing south through the city.

Outside the main square the streets were as calm and quiet as a typical Male’ morning, as the school run began. Students walked through the hazy streets south of the square holding their clothes to their faces, and were handed water and paper towels by teachers at school gates.

At 10am this morning Minivan News observed military units protecting the President’s residence, and sirens as police units from other parts of the city converged on the square.

A government spokesperson this morning confirmed that “some elements within the police have not obeyed orders, and military and police are working to restore order.”

“The opposition has been calling for the police and military to mutiny and join the mob in bringing down the country’s first democratically elected government,” he said.

Opposition protesters and police supporters subsequently took over the Maldives National Broadcasting Commission (MNBC) and began streaming VTV over the station. The channel was later rebadged ‘TVM’, its name under Gayoom’s government. Opposition party leaders and MPs are giving interviews on TVM, interspersed with patriotic songs, news reports and live footage of Nasheed’s resignation and the Vice President’s appointment.

Subsequent to the rebranding of TVM, a government spokesperson told Minivan News the Maldives was in the throes “of an attempted coup”.

President Nasheed subsequently gave a press conference and announced his resignation.

Vice President takes over from Nasheed

Vice President Mohamed Waheed Hassan was sworn in as President this afternoon. Following his appointment Dr Waheed addressed the nation on TVM, and said he was grateful to the police and MNDF who had made “great sacrifices” to defend constitution.

“Today is the day the rule of law has been established in the country perfectly,” Dr Waheed said.

“I will not order the police, military or any person to do anything against the law – I promise it to the public. Everyone will have the protection of constitution and laws.”

Dr Waheed also said the President and has family would receive protection under the law.

“I call upon all political parties, the Maldives National Defense Force, and the public that this is the time to put aside personal hatreds and jealousies, and prioritise to work for the interests of our nation. And I ensure that we will work to restore peace and prosperity of the nation, to deliver a harmonious and peaceful living to the people.”

Police attack MDP headquarters

A group of police, believed to be affiliated with a ‘starforce’ unit under the former government, reportedly refused to obey an order after dispersing a crowd of opposition protesters at the artificial beach last night.

Minivan News observed a group of protesters and police with batons running south towards the tsunami monument just after midnight, before returning to the artificial beach.

Shortly afterwards, a group of up to 10 people in police clothing attacked the MDP ‘Haruge’, headquarters, smashing some glass.

Following incident at the Haruge, a rogue police unit reportedly arrived in Republic Square and was monitored by MNDF officers. The police were reportedly joined by further officers.

Minivan News is currently seeking confirmation that the home minister was attacked in the violence last night. Former MDP Chairperson Mariya Ahmed Didi and senior MDP figures are reportedly being treated in hospital after a stab wound, and there were reports of both police and MNDF officers being treated for head injuries in hospital.

TIMELINE February 7:

10:40 – Minivan News has observed that a large group of MNDF officers have joined opposition demonstrators in Republic Square. The President was reported to be still in Male and under military protection. The opposition is claiming he has been arrested, but the government has disputed this.

10:45 – Many shops and businesses, including the Bank of Maldives, have temporarily closed branches in Male’.

11:01 – A government source confirmed that they were aware that a number of MNDF personnel had joined the demonstrators. Minivan News observed 60-70 uniformed officers.

11:12 – Opposition protesters and rogue police have taken over the Maldives National Broadcasting Commission (MNBC) and are streaming VTV over the station. The occupiers have reportedly renamed it TVM.

11:22 – The headquarters of the ruling Maldivian Democratic Party (MDP) has been set on fire.

11:36 – The MNDF personnel who joined the protesters were reportedly given the opportunity to leave if they wished, but were forbidden from taking weapons.

11:41 – The opposition aligned protesters have been issuing President Mohamed Nasheed ultimatums to resign – Minivan News was told 11:30am and 2:30pm by different sources.

11:47 – Government spokesperson confirms country is undergoing attempted coup, after state broadcaster hijacked.

12:13 – President’s office denies widespread reports that Nasheed has resigned. There is a press conference scheduled imminently at the President’s office.

12:32 – Minivan News observed no situation at the airport, contrary to earlier rumours circulating around Male.

12:54 – President’s Press conference is yet to start.

12:56 – MNBC is now showing as TVM, the name of the state broadcaster under President Maumoon Abdul Gayoom.

12:58 – Press conference has started.

1:19 – President Nasheed announces resignation, stating that his remaining in power would require the use of force against his own population, and he was not willing to do this “foreign influences”. Minivan News is currently clarifying his statements in English.

2:55 – Another press conference has been announced and is expected to start shortly.

3:00 – Vice President Mohamed Waheed Hassan is due to be sworn in as the 5th President of the Maldives, according to the rebranded Television Maldives (TVM).

4:38 – Vice President Mohamed Waheed Hassan is addressing the nation on TVM, praising efforts “police sacrifices” to protect the constitution and law.

5:00 – Chief Judge of the Criminal Court, Abdulla Mohamed, has been reported released.

6:31 –  The mood in Male’ remains tense. Maldivian Democratic Party supporters have been thin on the ground today.

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Media accuses MNDF of abandoning Supreme Court guard duty

The Maldives National Defence Force (MNDF) has not confirmed whether a decision was made last night to withdraw MNDF officers providing security to Supreme Court and High Courts, following allegations in the local media today.

MNDF Spokesperson Major Abdul Raheem told Minivan News that he had seen the media reports but was unable to confirm whether the claims were true.

‘’I have seen the media reports and tried to clarify the details of what happened,’’ Major Abdul Raheem said. ‘’But I have been unable to make sure it is true or incorrect.’’

State Defence Minister Muiz Adnan said he had no any information about the matter.

Judicial Services Commission (JSC) Chair and Supreme Court Judge Adam Mohamed refused to comment on the issue.

Local media reported that at 7:00pm last night MNDF officers watching over the outside gates of the Supreme Court left with the key to the gate.

Newspaper Haveeru reported that the keys were handed back to the Supreme Court last night and informed that they were taken by mistake.

This afternoon, the paper quoted an official of the JSC saying that MNDF officers had been watching the Supreme Court today.

“Around 10 people gathered outside the court and started shaking the east side gate. They left when the lock was broken,” the official told Haveeru.

Five hours after the MNDF officers left the court a group gathered outside the court and broke the lock of the court’s east gate, the paper reported.

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Chief of Defence Force not responsible for Judge’s arrest: AG

The Attorney General’s (AG) office has said Chief of Defence Force Moosa Ali Jaleel can not be held individually responsible for the arrest of Criminal Court Chief Judge Abdulla Mohamed.

The AG had appealed the Criminal Court summons of Jaleel, who never appeared as per the court’s original summons.

Presenting the AG’s appeal at the High Court Deputy Solicitor General Ahmed Usham reminded those present that Judge Abdulla’s lawyers had filed the case against Jaleel at the Criminal Court, citing the judge’s arrest by Maldives National Defence Force (MNDF) on the request of Maldives Police Service, local media reports.

Usham contended that the decision to arrest the judge was made by MNDF, which therefore should be summoned to the court. As Chief of Defence Force, Jaleel cannot be summoned over a case with which he has no direct affiliation.

Usham said the Attorney General’s office would represent the MNDF at court in the event that it is summoned.

When asked to specify the reasons why the Chief of Defence Force could not be summoned to court over the matter, Usham referred the court to the AG’s office.

Observing that the constitution requires every person and institution to comply with court orders, the court next inquired why Jaleel had not presented himself at the Criminal Court.

Usham responded that the High Court had issued a counter-stay order.

According to local media, the court will announce its verdict at the next hearing.

Meanwhile, Police Commissioner Mohamed Faseeh has also been prevented from appearing at the Criminal Court by a counter stay order on appeal at the High Court.

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MNBC cable severed during live telecast of parliament committee session

A camera cable of state broadcaster Maldives National Broadcasting Corporation (MNBC) was cut off during a live telecast this afternoon of parliament’s Independent Institutions Committee’s questioning of members of the Human Rights Commission of Maldives (HRCM).

The severed cable briefly interrupted MNBC’s live coverage and brought the meeting to a halt with vociferous objections from ruling party MPs.

When the meeting resumed, MPs of the ruling Maldivian Democratic Party (MDP) alleged that the cable was severed by Progressive Party of Maldives (PPM) MP Ilham Ahmed.

The opposition MP for Gemanafushi was not responding at time of press.

MNBC One meanwhile reported that its journalists at parliament witnessed Ilham cut off the cable while other media outlets have reported that the MP was heard asking a DhiTV cameraman to identify the MNBC cables.

Following the incident, Independent MP Mohamed ‘Kutti’ Nasheed, chair of the committee, apologised to HRCM members for the disruption and explained that as Speaker Abdulla Shahid was at a Judicial Service Commission (JSC) meeting at the time, he had asked the military officers in charge of parliament security to “freeze CCTV footage of the whole premise for the past hour.”

Nasheed added that he had “formally lodged a complaint” with the senior administrative staff for an investigation into the incident.

However MDP MP Ali Waheed interjected that according to security personnel “all the cameras at the area where the cable was were not functioning.”

Cameras at the corridor and near the stairs leading up to the committee room were turned off, Waheed claimed.

Waheed alleged that PPM MPs Ilham and Abdul Muhsin Hameed were responsible, noting that the DhiTV reporter confirmed that the opposition MPs inquired after the MNBC cable.

MDP MP Hamid Abdul Gafoor proposed adjourning the committee meeting until the matter could be investigated and “the security situation here can be updated.”

Nasheed concurred that the meeting could not be continued in light of the “seriousness of the problems we faced today” and concluded the session.

The MDP parliamentary group has meanwhile filed the case with police this evening.

In November last year, an MNBC journalist accused PPM MP Ahmed Mahlouf of assault during a live telecast of the National Security Committee.

A number of MNBC reporters were also attacked during nightly opposition protests of the past two weeks.

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MDP vows to pressure Supreme Court if it fails to investigate Abdulla Mohamed

Maldivian Democratic Party (MDP) Vice President and MP Alhan Fahmy met on Sunday with Chief Justice of the Supreme Court, Ahmed Faiz, presenting two cases against Chief Judge of the Criminal Court Abdulla Mohamed and demanding the cases be concluded in 48 hours.

Before going to the meeting Alhan met with the press and said that he will present two cases relating to Abdulla Mohamed: one regarding the Civil Court’s ordering the judicial watchdog – the Judicial Service Commission (JSC) – to delay taking action in a judicial misconduct case against the chief judge, and a second regarding the High Court’s ruling that he did not have to obey police summons on January 16.

The latter ruling led to police requesting the Maldives National Defence Force (MNDF) assist in the arrest of Abdulla Mohamed, and his subsequent detention on the MNDF training facility of Girifushi where he remains.

Alhan told press outside the Supreme Court after meeting with the chief justice that the MDP would put pressure on the Supreme Court if it did not conduct the cases.

He then told a group of MDP supporters waiting for him outside that if the Supreme Court did not conclude the case in 48 hours, the MDP would “raise its voice”.

The whereabouts of Criminal Court Chief Judge Abdulla Mohamed following his arrest were not revealed until January 18. The MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz has joined the High and Supreme Courts in condemning the MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

According to government officials, military assistance was sought for reasons of national security. Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged.

Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

Defence Minister Tholhath Ibrahim Kaleyfan has said police had sent a letter to the armed forces on Monday, January 16, “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

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Political tensions flare amid constitutional crisis over judiciary

Male’ is bracing for further protests after a weekend of violent demonstrations involving several hundred opposition supporters, as political tensions spiral over the military’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

Eight opposition-aligned political parties held a joint press conference on Thursday afternoon calling on the public to join their series of protests “to defend the Maldivian constitution” and “bring the government back into legal bounds”.

Police said in a statement that five officers were “seriously injured” in protests that evening after opposition supporters in front of the Maldives Monetary Authority (MMA) building attempted to break through the police blockade.

A number of other police officers sustained minor injuries while a window of the MMA building was smashed and three police vehicles, one MNDF vehicle and the car of Civil Service Commission (CSC) head Mohamed Fahmy Hassan were damaged.

Opposition protesters also broke into the home of Youth Minister Hassan Latheef and vandalised his living room, while his wife and children were in the house. The homes of other ministers were also vandalised from the outside, and palm trees lining the main roads of Male’ were uprooted.

The Maldives National Broadcasting Corporation (MNBC) claimed that six of its reporters were attacked on Thursday evening by the opposition protesters, including a cameraman who had paving stones and oil thrown at him, and a camera woman who had an unknown substance sprayed in her eyes as demonstrators attempted to take her video camera.

A group of male demonstrators also reportedly surrounded a female MNBC journalist and threatened to kill her and dump her body into the sea, before she was rescued by other reporters in the area.

Protesters also attempted to gather outside the MNBC premises and threw rocks and other objects at the walls.

Police arrested 43 people over the weekend, including former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) MP Ahmed Mahlouf, Adhaalath Party President Imran Abdulla, and spokesperson for the coalition of NGOs campaigning against the government’s religious policy, Abdulla Mohamed.

Charges included disrupting peace, damaging public and private property, including youth minister’s residence, breaking police lines, and inciting violence.

The Criminal Court today however ruled the arrests were unlawful and ordered the release of all those arrested.

The Human Rights Commission of the Maldives (HRCM) meanwhile called on the protesters to be mindful of the rights of others and to exercise their right to free assembly responsibly.

The commission observed that as a result of the manner of speech heard at such protests, “inducing anger, hatred and fear in people’s hearts”, public order and peace was “being very adversely affected.”

“As a consequence of such actions, the country’s social fabric is weakened and the trust and respect we should have towards one another are lost, forming numerous obstacles to establishing an environment that fully guarantees rights,” the commission said.

Hundreds of supporters of the ruling Maldivian Democratic Party (MDP) meanwhile gathered at a heated rally near the tsunami monument on Saturday afternoon. The ruling party launched a campaign earlier this month dubbed “You can’t say that anymore” against the opposition’s “use of religion as a weapon for political purposes.”

Today’s rally at the tsunami memorial area was part of the campaign, which has seen eight rallies held at the party’s Haruge headquarters in past weeks.

Detained Judge

Chief Judge Abdulla Mohamed is at the centre of the constitutional impasse currently being played out in the Maldives. The opposition contends that the judge’s “abduction” by the military last week and its refusal to release him or present him in court, despite being ordered to do so by the Supreme Court, represents a constitutional violation by the government.

The government – and former whistleblower on the Judicial Services Commission (JSC), Aishath Velezinee – present Abdulla Mohamed as the corrupt heart of a “silent coup” by the former government to assume control of the judicary, “taking the entire criminal justice system in his fist” and ensuring legal impunity for key opposition figures.

Presented with a litany of allegations against the judge, the JSC, as the watchdog body charged with overseeing the judiciary, formed a complaints committee to investigate the cases against the judge in December 2009.

However in November 2011 the Civil Court ordered the judicial watchdog to take no action against Abdulla Mohamed, despite a report by the JSC claiming that he had violated the Judge’s Code of Conduct by making  statements favouring the opposition in an interview he gave to private broadcaster DhiTV.

The government’s decision to take action against the judge followed his opening of the court outside normal hours, to order the immediate release of Dr Mohamed Jameel Ahmed, deputy leader of the minority opposition Dhivehi Qaumee Party (DQP).

Police had attempted to arrested two senior members of the party on charges of slander and hate speech after they published a pamphlet alleging, among other claims, that the government was plotting with “Jews and Christian priests” to undermine Islam in the Maldives.

The Chief Judge was first summoned by police for questioning on January 16, but did not appear.

Instead, he filed a case at the High Court requesting the summons be cancelled on the grounds that it was illegal. The High Court then issued an injunction ordering police to halt enforcement of the summons pending a ruling.

Police subsequently requested the Maldives National Defence Force (MNDF) take Abdulla Mohamed into custody, as “the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

The judge was taken to the MNDF training island of Girifushi, where he currently remains.

“In good health”

HRCM in an “emergency” press conference yesterday stated that it had visited the judge and that he was in good health and being well treated, with the ability to freely roam the island. He had been granted, but had refused, access to his family, HRCM said.

In response to HRCM’s comments, the opposition accused the human rights body of “backing down” from its responsibilities. Deputy Leader of the Dhivehi Rayithunge Party (DRP), Ibrahim Shareef, attacked the statement as “tame” and “mellow”, claiming that the “kidnapping” of the judge was inhumane.

Reaction

The detention of the Chief Judge has polarised Maldivian society – and the government – even amid the country’s already intense political divide.

In an especially dramatic tangent, Vice President Dr Mohamed Waheed Hassan declared on his blog that he was “ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President.”

“Besides all the international legal obligations, the government of the Maldives is bound by the Maldives Constitution 1988 which prohibits arbitrary arrest and forced disappearance. We have just witnessed the first possible violation since the dawn of democracy in our country. I cannot understand why this is not an issue for everyone in this country,” Dr Waheed said.

“Those of us who have struggled for freedom in this country for over 30 years, are wondering whether we have wasted our efforts.”

The European Union Heads of Mission issued a statement expressing “concern at recent developments in [the Maldives], including the arrest of a criminal court judge by members of the security forces.”

“EU Heads of Mission reiterate their support for the process of democratic transition in the Maldives and note the importance of the principles underlying that transition, including respect for the constitution, due process, independence of the judiciary, the rule of law and freedom of expression are central to this process,” the statement read.

“EU Heads of Mission call on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

Secretary General of SAARC, Diyana Saeed, the youngest person and first woman to be appointed to the post, today confirmed her resignation following her public criticism of the executive’s refusal to obey the Supreme Court order to release the judge, during a press conference on VTV.

“[The Chief Judge’s detention] is a violation of individual human rights, a violation of the independence of the judiciary, and the violation of the constitution,” she told Minivan News on Thursday.

The government’s ignoring of a Supreme Court order is not without precedent in the Maldives.

Prior to the appointment of the new Supreme Court in August 2010 on conclusion of the constitution’s interim period, the existing bench sent a letter to the President declaring themselves permanent.

The letter was ignored, and the MNDF confiscated the keys to the Supreme Court until the new bench was eventually appointed by parliament – a process of intense and rapid backroom political compromise that was at the time hailed as a rare cross-party success for the institution.

Breaking the impasse

A government legal source told Minivan News that the JSC itself had found evidence of “gross misconduct” by Abdulla Mohamed, but was blocked from proceeding on the matter as the chief judge “has undue influence over at least one other judge of the Civil Court who issued a court order against the JSC and prevented it from performing its constitutional role.”

“The allegations levelled against him are of serious concern to the Maldivian government and community. It is apparent that both the Maldivian High Court and the Supreme Court remained silent on the matter,” the source stated.

“This is tacit acceptance of a ploy to prevent the JSC from exercising its powers under the constitution, and the JSC’s acceptance of the Civil Court order is an indication of the extent of undue influence that members of the judiciary have over the JSC.”

The government was, the source said, “taking appropriate action in extraordinary circumstances involving allegations of serious corruption and gross misconduct by a senior judge. Public statements seeking to define his detention as a human rights issue are part of the web of protection which surrounds Judge Abdulla Mohamed.”

Independent MP Mohamed Nasheed told Minivan News that the arrest of the judge could legally only have been ordered by the High Court.

“We have the security of the constitution, but while the print may be there it is evident that it doesn’t matter very much. If I am going to be arrested I deserve to expect certain rights. The arrest of Judge Mohamed should have been made on the order of the High Court,” he said.

He noted that Parliament had a standing committee, which had in turn formed a sub-committee, to investigate the JSC.

The hearings and interviews have been concluded at the sub-committee level said Nasheed, a member of that sub-committee and chair of the Independent Institutions Committee, and the information was to be compiled into a report and forwarded to the full committee.

“It’s possible we will have the investigation addressed within the first session of parliament this year,” Nasheed said.

He said the sub-committee had considered a reformation of the JSC.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he speculated, although adding that this would require bodies such as the Supreme Court to each revoke their own representatives on the commission.

The constitution also includes provision for the appointment of foreign judges from other Islamic countries, he noted.

Foreign judges may sit on court benches during the first 15 years of the constitution “only because we would like some technical assistance and expertise during the transition. This provision is the only area in which Maldivian citizenship is not required of a judge,” Nasheed said.

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HRCM meets Chief Judge in MNDF custody

Members of the Human Rights Commission of Maldives (HRCM) visited Criminal Court Chief Judge Abdulla Mohamed in military custody yesterday.

A statement by the commission explained that the meeting was arranged under the HRCM’s national preventive mechanism (NPM) to monitor the treatment and condition of detainees and prevent ill-treatment.

Judge Abdulla was “in good health and provided all essential basic services” and did not complain of “any kind of harm or inhumane treatment”.

Abdulla Mohamed was controversially arrested by the military at about 11pm on Monday night. The detention prompted judges of the Criminal Court, High Court and Supreme Court as well as some members of the Judicial Service Commission (JSC) to immediately convene at the Department of Judicial Administration (DJA).

Shortly thereafter, the High Court issued a court order demanding the immediate release of Judge Abdulla, noting that the arrest was in violation of legal procedures specified in the Judges Act, which requires a warrant from a higher court as well the consultation of the Prosecutor General (PG) if a judge is to be taken into custody on criminal charges.

Police had summoned the chief judge for questioning on Monday for an undisclosed investigation. However after the judge requested the High Court to cancel the summons, it issued an injunction ordering police to halt enforcement of the summons pending a ruling.

Judge Abdulla was taken into custody by the Maldives National Defence Force (MNDF) later that night following a request for assistance by police. The Home Minister and Defence Minister appeared on state broadcaster the following night explaining that military assistance was sought for “fear of loss of public order and safety and national security” on account of Judge Abdulla, who has “taken the entire criminal justice system in his fist”.

Meanwhile during the emergency congregation of judges and lawyers in the early hours of Monday morning, Chief Justice Ahmed Faiz released a statement calling for the immediate release of Judge Abdulla.

Only the PG is authorised by the Judges Act to seek such an arrest warrant, the Chief Justice noted.
“The day these principle are demolished is the darkest and gloomiest time in the life of a nation,” the statement read.

The Supreme Court then issued an order to MNDF demanding the immediate release of the chief judge.

The government however continues to defy both the High Court and Supreme Court orders while Prosecutor General Ahmed Muiz has told local media that the Chief of Defence Forces and others involved in the arrest would be prosecuted for their “illegal actions”.

Opposition parties have launched daily protests and vowed to file no-confidence motions against the Home Minister and Defence Minister.

Meanwhile over 48 hours after his arrest, MNDF informed the judge’s family of his whereabouts and condition on Wednesday.

On Thursday, a group of 30 lawyers – including the current government’s first Attorney General Dhiyana Saeed and senior members of the Progressive Party of Maldives (PPM) – released a statement appealing to the international community to urge the government to respect the constitution and law.

The lawyers insisted that Judge Abdulla’s arrest violated constitutional rights and legal procedures specified in the Judges Act as well as international norms.

Chief Justice Faiz meanwhile issued another statement last week appealing all state institutions to respect the powers and authority granted by the constitution to each organ of the state.

“In a constitutional system, a disruption to the legal status and powers of any institution is a disruption to the whole system,” the Chief Justice stated. “The consequences of a problem arising in one organ of the state will be faced by the whole system. Our constitutional system can only be maintained by protecting all state institutions.”

Faiz further appealed to all parties to respect democratic principles and remain within the bounds of the law and constitution.

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Chief Judge “took entire criminal justice system in his fist”: Afeef

Ministers have sought to give their legal justification for the involvement of the armed forces in the arrest of Chief Judge of the Criminal Court, Abdulla Mohamed, amid spiraling political tensions.

In a televised statement on MNBC One last night, Home Minister Hassan Afeef said military assistance was sought for “fear of loss of public order and safety and national security” on account of Judge Abdulla, who has “taken the entire criminal justice system in his fist”.

Afeef and Defence Minister Tholhath Ibrahim Kaleyfan said police requested the involvement of the Maldives National Defence Force (MNDF) in the arrest of Abdulla Mohamed.

Defence Minister Tholhath revealed that police sent a letter to the armed forces on Monday, January 16 “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety,” he said.

MNDF therefore exercised authority under chapter nine of the constitution and the Armed Forces Act of 2008 to take the judge into custody, he said.

He noted that Article 243 of the constitution charges the military “to defend and protect the Republic and its people”, while article two of the Armed Forces Act states that it must “protect the lawfully elected government of the Republic of the Maldives from any unlawful action that may in any way diminish its stature.”

Moreover, he added, the Armed Forces Act authorises the military to assist law enforcement agencies upon request, during which it would be given “all lawful powers accorded to police.”

“I assure citizens that at this critical moment the country is faced with, the armed forces will do everything it must to restore national interest and defend the lawful government,” he said in conclusion.

Afeef meanwhile listed 14 cases of obstruction of police duty by Judge Abdulla, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, and barring media from corruption trials.

Afeef said the judge also ordered the release of suspects detained for serious crimes “without a single hearing”, and maintained “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Afeef also alleged that the judge actively undermined cases against drug trafficking suspects and had allowed them opportunity to “fabricate false evidence after hearings had concluded”.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef continued, and has arbitrarily suspended court officers.

The chief judge “twisted and interpreted laws so they could not be enforced against certain politicians” and stood accused of “accepting bribes to release convicts.”

Prosectutor General Ahmed Muizz has meanwhile maintained that the MNDF acted illegally, telling local media that he would comply with an order from the Criminal Court to prosecute the Chief of Defence Forces for contempt of court, as well as those officers responsible for arresting the judge.

Muizz has also asked the Human Rights Commission of the Maldives (HRCM) to investigate the case, stating that he would decide who to charge based on their conclusions.

“The military arrested Abdulla Gazi in violation of the Judges Act. Action will be taken against those involved,” he said.

The first case against Abdulla Mohamed was brought to the President’s Office in 2005 by then Attorney General Dr Hassan Saeed, now the leader of the Dhivehi Qaumee Party (DQP).

That complaint referred to the judge allegedly demanding that the underage victim of a sexual assault reenact her attack in the courtroom. The Judicial Services Commission (JSC) subsequently dropped the inquiry.

However in an open letter to parliament in March 2011, President’s member on the JSC and outspoken whistle-blower Aishath Velezinee claimed that the politically-manipulated JSC was protecting the judge despite the existence of “reasonable proof to show that Chief Judge of the Criminal Court Abdulla Mohamed was systematically committing the atrocity of setting free dangerous criminals and declaring them innocent with complete disregard to the evidence [presented at court].”

The JSC formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but failed to present an update report every thirty days as required by article 29(b) of the Judicial Service Commission Act and had not presented a single report as of March 2011.

Opposition Dhivehi Rayithunge Party (DRP) MP Dr Afrashim Ali spoke in defence of the judge and insisted the complaints could not be investigated, but declined to provide reasons in writing to the commission.

Despite Judge Abdulla having been sentenced for a criminal offence, Speaker Abdulla Shahid pushed for his reappointment and later “bequeathed the Criminal Court to Abdulla Mohamed until 2026” under the Judges Act, which was passed hastily during the constitutional crisis period in July-August 2010.

Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) has meanwhile called for the immediate release of the judge, accusing the government of disregard for judicial and constitutional law.

Interim Deputy President of PPM, Abdul Raheem, told local media that the government was seeking the declaration “of a state of emergency”.

“Recent actions suggest [the government] is capable of anything,” he said.

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